Nichols trial move OK'd
Commission also settles suit with judge's widow


The Atlanta Journal-Constitution
Published on: 07/17/08

The Fulton County Commission on Wednesday approved moving the Brian Nichols murder trial to the Atlanta Municipal Court to help ensure a fair trial and settled a lawsuit with the widow of the judge he is accused of killing.

County Manager Zachary Williams had balked at leasing a floor at the Municipal Court because in exchange the city of Atlanta wanted Fulton to cancel a $376,000 debt for court services. He also feared that the sheriff's security plan could cost the county an extra $151,345 a month in overtime.

Superior Court Judge James Bodiford last Friday ordered the county to move the trial, the day after jury selection began. Otherwise, the trial would be in the same court complex where the killing happened.

The judge had expressed frustration with the county's delay in agreeing to the lease because the court considered moving the trial essential for fairness.

Bodiford said the move will remove an appeal issue if Nichols is convicted. He faces the death penalty.

"From a judge's point of view it is a no-brainer," Bodiford said.

The commission also announced it had settled a lawsuit brought by Claudia Barnes, the wife of Superior Court Judge Rowland Barnes, whom Nichols is accused of killiing on the bench after he escaped from his holding cell in the Fulton County Courthouse complex on March 11, 2005.

The lawsuit was filed in DeKalb County Superior Court in October 2005 against Fulton Sheriff Myron Freeman and several deputies on the grounds that security lapses had allowed Nichols to escape.

The commission had authorized paying up to $250,000 to settle the lawsuit, said Willie Lovett, deputy county attorney over litigation. He said the settlement had not yet been finalized because Barnes and her attorney are negotiating with the county insurer for funds in excess of the $250,000, Lovett said. There are still seven lawsuits over the courthouse shooting pending, Lovett said.

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