Brian Nichols' lawyers argued Thursday that the new judge in his case should be removed because he once called the 2005 Fulton County Courthouse shooting of a colleague a "brutal murder."

But Superior Court Judge Jim Bodiford testified that, while he regarded slain jurist Rowland Barnes as a friend, their relationship was "professional" rather than personal and that he can still be fair to Nichols.

A DeKalb County judge hearing the issue of whether Bodiford should continue to oversee Nichols' much-delayed trial said he'll rule next week.

Josh Moore, one of Nichols' attorneys, argued in the hearing that Bodiford's comment about Barnes' death in a Marietta newspaper article was key because there's no doubt Nichols killed, but the issue is whether it was murder.

"This is not a case where the question is, 'Who did it?' " Moore said. "This is a case where the question is, 'Was it murder?'"

Moore told DeKalb Superior Court Judge Dan Coursey that Bodiford's comments go "right at the heart of the defense in this case."

The defense plans an insanity defense in the Nichols case, Moore said. If Nichols is still found guilty, testimony by the victims' families could well decide whether a jury gives Nichols the death penalty. "The judge who presides over this matter acts as a gatekeeper for that information," Moore said.

Nichols' attorneys want Bodiford, who normally presides in Cobb County, removed only a few months after taking over the case because of his comments in the Marietta Daily Journal shortly after the March 11, 2005, shootings.

In the article, Bodiford spoke fondly of his relationship with Barnes and said his death hit him emotionally. He also spoke about the brutal nature of the killings.

Bodiford testified Thursday that his relationship with Barnes was professional. "I never did anything with Judge Barnes," Bodiford said. "I don't believe I've ever had a meal with him." He repeated that he still considered Barnes "a friend."

Bodiford was appointed to hear the case after the first judge, Hilton Fuller, recused himself after being quoted in New Yorker magazine as saying everyone knows Nichols committed the killings.

"The comments made by Judge Bodiford are much more prejudicial than the remarks made by Judge Fuller," Moore argued, noting that the defense didn't ask Fuller to step aside.

Fulton County prosecutor Christopher Quinn made no arguments, saying the law didn't require Bodiford's removal.

Besides Barnes, who was presiding over Nichols' rape trial when he was killed, Nichols is accused of killing court reporter Julie Brandau and Deputy Sheriff Hoyt Teasley as he fled. He's also charged with killing David Wilhelm, an off-duty federal agent, at his house during a robbery later in the day.

Fulton County District Attorney Paul Howard is seeking the death penalty.