Howard wants U.S. to pursue Nichols death penalty

Fulton County District Attorney Paul Howard said Saturday that courthouse killer Brian Nichols may get the death penalty yet — from a federal court jury.

Howard, whose prosecution sought and failed to get death for Nichols, said he would talk this week about possible federal charges against Nichols for killing off-duty U.S. Customs agent David Wilhelm.

PHOTOS
• A look at the case 2005-present
• Penalty phase | Verdict
• Weeks in court:
1 | 2 | 3 | 4 | 5 | 6 | 7

• Interactive graphic: The 2005 shootings
• Video: Nichols' confession

MORE STORIES

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• Gwinnett won't prosecute Nichols for kidnapping 
• Feds won't seek death penalty for Nichols 
• In prison, cellphone is coveted contraband 
• Police reveal little about Nichols manhunt errors 
• Nichols trial holdouts: 'Show me something' 

• Nichols says he was at war with U.S. government in taped confession
• AJC's full trial coverage

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The agent was working alone at his new home in Buckhead when Nichols confronted him the night of his March 11, 2005 escape from the Fulton County Courthouse. Nichols was sentenced Saturday to multiple life prison sentences for the entire case, including four sentences without parole for the four killings.

Howard said at a post-sentencing news conference that he and U.S. Attorney

David Nahmias will talk about a renewed death-penalty effort later in the week. Howard also said he will push for a change in Georgia law that mandates a unanimous decision by juries tackling death penalty cases.

Nichols’ jury hung in a persistent 9-3 vote, with those wanting death in the majority. Without unanimity, however, Judge James Bodiford was forced to deliver sentences of life in prison.

Federal prosecution would apparently not constitute double jeopardy since it would be a federal prosecution and the just-ended case was a state prosecution.

Federal law allows the death penalty in some circumstances, including the death of a federal officer.

There was testimony at Nichols’ trial that indicated Wilhelm identified himself as a federal officer before he was shot and killed by Nichols. Wilhelm’s federal badge was found later in his truck, which was stolen by Nichols after Wilhelm was shot.

Howard’s office pushed forward with a state death-penalty prosecution despite Nichols’ offer to plead guilty in exchange for life in prison with no parole.

He said he talked Saturday morning to two of the jurors, who told him details of the 9-3 juror split in favor of death.

Howard said the jurors told him that “some of the people showed up with their minds already made up [in this case].” He said he was told that the jury panel never entered into any meaningful discussion about the death penalty.

Jurors at the courthouse Saturday were expected to speak publicly through the district attorney,