Sheriff's office fights release of evidence from Nichols' cell


The Atlanta Journal-Constitution
Published on: 07/24/08

The DeKalb County Sheriff's office is fighting release of evidence gathered in a search of Brian Nichols' jail cell about two weeks ago.

The Fulton County District Attorney's office — which is prosecuting Nichols in the March 11, 2005 murder of Superior Court judge Rowland Barnes and three others — subpoenaed Dekalb County jail records on the search of Nichols' cell around July 10.

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The sheriff's office has asked the judge in the Nichols' trail, James Bodiford, to "quash" the subpoena, arguing in a court filing that the request is "unreasonable and oppressive."

The filing says Fulton County prosecutors seek "documents relating to minor damage to Nichols' jail cell."

Nichols was transferred from Fulton County Jail to DeKalb County Jail in October 2006. The judge who ordered him moved said Nichols was plotting an escape. Fulton County District Attorney Paul Howard said he was being moved for his own protection.

Last week DeKalb County sheriff Thomas Brown called a news conference and then canceled it.

Brown said he canceled the conference after Bodiford reminded him that — while it did not apply to the sheriff — there was a gag order in the Nichols' trial banning participants from talking about the case.

The next day, Nichols looked sick in court and jury selection was briefly delayed.

A doctor who examined Nichols and collected a blood sample said the tests were to determine if Nichols had taken too much Tylenol.

Nichols recovered by that afternoon and has not appeared ill since then. Jury pool selection continued into its 12th day Thursday with 33 jurors qualified so far. Bodiford said he wants to qualify 100 people from which 12 jurors and six alternates will be picked.

Nichols' attorneys claimed in a court filing this week that Fulton County sheriff's deputies plotted to kill Nicchols when he was in their custody.

The filing cites an anonymous source who claims members of the Fulton County jail's Special Operations Response Team tried to put Nichols in an insecure situation in which he would attack one of them and could be killed in response.

Nichols defense attorneys acknowledged Wednesday they learned about the possible Fulton County jail plot more than a year-and-a-half ago, shortly after Nichols was moved to DeKalb.

Nichols has pleaded not guilty of the four murders for reasons of insanity. Jury pool selection continues Friday at a new courtroom in Atlanta Municipal Court. The pool selection is on pace to be completed by late August.

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