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Monday, March 14, 2005
Sheriffs across Georgia review safety procedures
The Atlanta Journal-Constitution
Sheriffs across Georgia spent the weekend and Monday reviewing their own safety procedures, said Terry Norris, executive vice president Georgia Sheriffs’ Association.
“This was a wake up call for us,” he said.
Elected officials also jumped on the issue Monday.
State Sen. Brian Kemp (R-Athens), who is chairman of the Senate Public Safety & Homeland Security Committee, said his committee will be holding hearings on how to improve security at Georgia’s courthouses. On the national level, Sen. Arlen Specter (R-Pa.), chairman of the U.S. Senate Judiciary Committee, wrote the U.S. Marshals Service, also announcing he plans to hold hearings of protecting judges after the Atlanta shooting and the killing Feb. 28 of the husband and mother of a federal judge in Chicago.
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Injured deputy shows improvement
The Atlanta Journal-Constitution
Fulton County Sheriff’s Deputy Cynthia Hall sat up in a chair for a few hours Monday. When asked how she was feeling, she said, “I’m fine,” according to her doctor, Jeffrey Salomone, a trauma surgeon at Grady Hospital.
Hall was listed in critical but stable condition and remains in the intensive care unit. She remains groggy, but she is communicating with family members.
Hall, who had been on a ventilator, is now breathing on her own, but she will need some rehabilitation for a bruise on her brain, Salomone said.
“The injury has affected her consciousness,” Salomone said. “People just don’t wake up from this like they do on TV. Clearly her brain was damaged … but I’m not expecting it to be permanent.”
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Memorial service held in courtroom
The Atlanta Journal-Constitution
Nearly 300 courthouse officials and employees gathered in a courtroom for a memorial service late this morning. They all held hands and prayed.
“Everybody is still a little bit lost, a little bit numb,” said Terre McIntosh, court support manager for Fulton County. “We lost some very dear people.”
The workers filled every seat in a courtroom, even filling the jury box and crowding the courtroom entrance to attend a memorial and remembrance service for their slain.
“We are family, and some of us have been together for years,” Doris Downs, a former prosecutor and now Fulton Superior Court judge, told the mourners. She said their colleagues’ murders have generated a “massive outpouring of love and support from across the country, even outside the United States.”
“We’re doing our jobs,” said Superior Court Judge T. Bedford Jackson, “and put ourselves in a position of risk every day. And for that we appreciate each other.”
Superior Court Judge Rowland Barnes and court reporter Julie Ann Brandau were shot and killed in the courthouse Friday.
“Rowland was my very dear friend, I loved him, and his loss will leave a deep hole in my heart,” Jackson said.
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Legislators to look at courthouse security statewide
The Atlanta Journal-Constitution
Georgia’s piecemeal court security plans may be replaced by a statewide standard in the wake of last week’s deadly courthouse shootings in Atlanta.
Lawmakers say this morning that they’re considering a first-ever set of laws mandating how criminal defendants should be secured in county courthouses.
Last Friday, an accused rapist wrestled a gun away from a sheriff’s deputy at the Fulton County Courthouse and opened fire, leaving a judge and three others dead.
The shootings — and subsequent daylong search for the suspected gunman — put the whole state on edge and has people taking a closer look at courthouse security practices.
As in most of the country, court security in Georgia is under the purview of the county sheriff, and security practices vary courthouse to courthouse — sometimes judge to judge.
But that may change in Georgia. Lawmakers made plans today to set up a summer task force of law enforcement officers to recommend whether a state security standard is needed.
The chairman of the House Public Safety Committee — Republican Burke Day — says he is NOT sure whether a statewide plan is called for. Day is from Chatham County, where deputies do NOT carry firearms in courtrooms. He said counties probably know best how to handle their own security, but that if new laws are called for, they’ll be considered.
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Mistrial declared in rape case against Nichols
The Atlanta Journal-Constitution
Fulton County judges declared two mistrials today in the aftermath of Friday’s killing spree at the downtown courthouse, but one of the decisions was immediately reversed.
Superior Court Judge Stephanie Manis declared a mistrial in the rape case Brian Nichols faced when he allegedly gunned down a judge, court reporter, sheriff’s deputy and later a federal agent.
Superior Court Judge Constance Russell declared a mistrial in the death penalty case of Michael LeJeune, who is accused of settling a 1997 drug debt by killing a Dunwoody man and beheading him.
But the mistrial in LeJeune’s case was aborted after the defense attorney, Brian Steel, changed his mind and said he wanted the existing jury to hear the case.
In the Nichols rape case, in which he is accused of taking an ex-girlfriend hostage and repeatedly assaulting her, Manis appointed a public defender to serve as co-counsel.
The Georgia Public Defender Standards Council had complained that it had not been given access to Nichols while police interviewed him at length after he was captured Saturday.
Gary Parker of the council was named as Nichols’ co-counsel and sought assurances from the judge that he will have access to the murder suspect.
“So we won’t have problems with access to him?” Parker asked. The judge looked across the room at District Attorney Paul Howard and responded, “Mr. Howard will assist you in any way possible.”
Nichols’ current attorney, Barry Hazen, is out of town today but is expected to withdraw from the case, Manis said. “Once his current counsel steps out, we didn’t want there to be a gap in representation,” Parker told the judge.
Parker had asked Manis to toss Hazen off the case because of public statements Hazen made about Nichols — including his assumption that Nichols would have been convicted of rape if he hadn’t made his escape during his trial.
“He has made statements detrimental to his client,” Parker told the judge.
Nichols is expected to have a brief first-appearance hearing before a Fulton County judge on murder charges Tuesday, said Erik Friedly, a spokesman for the district attorney’s office.
In asking for a mistrial in the LeJeune death penalty case, Steel had asked the judge to wait two or three weeks before beginning to pick a new jury. Russell, however, said she would have new potential jurors available next Monday.
Steel discussed the judge’s ability to seat a new jury with LeJeune and asked the judge to void his request for a mistrial and keep the jury that has heard the case since last week.
As the judge prepared to dismiss the court for lunch, prosecutors asked Russell to make sure LeJeune was in agreement with his attorney’s decision not to seek a mistrial.
In a surprise to Steel, LeJeune said he did indeed want a mistrial declared. The judge decided to delay her decision on that request until after Steele and his client had a chance to discuss the matter. LeJeune returned later to say that he agreed with his attorney to continue with his current jury.
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Procession carries body of slain agent
The Atlanta Journal-Constitution
A hearse bearing the body of slain U.S. customs agent David G. Wilhelm left Tyrone in Fayette County shortly before 11 a.m. Monday. The procession was to travel up I-85 to Salisbury, N.C. Police cars lined part of the route in metro Atlanta.
Wilhelm’s funeral will be held at 11 a.m. Thursday at the Catwaba College Chapel in Salisbury.
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Memorial lists names of the victims
The Atlanta Journal-Constitution
Alice Grant said she came to the Fulton County Courthouse to help her grandson get a new driver’s license. Grant said she wasn’t afraid to come to the courthouse just three days after Friday’s shootings.
“God takes care of everybody,” Grant said.
A small memorial had been set up at the main entrance to the Fulton County Government Center, across Pryor Street from the courthouse. Ferns and lilies surrounded an easel holding a sign that read, “In Memoriam,” and listed the names of the those killed in Friday’s shootings.
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Don’t let fear rule your life, resident says
The Atlanta Journal-Constitution
“I’ve been shot at before and hit,” said Fred Innes of Vinings, who was in Vietnam with the Army Corps of Engineers in 1961 and 1962 before the buildup of U.S. troops. “You can’t worry about stuff and you can’t allow some outside source to take over or take care of your life.”
Innes, who came today to examine civil records on the ground floor of the Fulton County Courthouse, said from what he had read and heard in the media, “there was a failure, and the question is was the failure with leadership or in dollars and cents?”
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Employee unnerved by atmosphere
The Atlanta Journal-Constitution
Gloretta Branch, who works in the probation department in the Fulton County Justice Center, came into work Monday morning, but decided she felt too bad to remain at work.
She said she felt queasy, attributed the feeling to nerves, and left to go home. “It’s just sad, maybe I can go home and get myself together,” she said.
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At least one courtroom not yet open
The Atlanta Journal-Constitution
At 9:30 a.m. the door to Judge Alford J. Dempsey’s courtroom remained locked. The courtroom normally would have been opened at 9 a.m. Lawyers and their clients wondered why they couldn’t enter.
“I think it is going to be quiet today,” said Roswell attorney Birdia Greer, standing in the hallway with her arms crossed.
While waiting for the courtroom to open, she reflected on Friday’s events and the actions of sheriff’s deputies. “I think we need to just have more deputies in the holding tanks. It’s crazy to have one person in a holding tanks, especially a woman.”
Attorney Wade Everett of Cartersville said the scene at the courthouse appeared normal until he arrived at the locked courtroom. “I wondered if they would have a day of mourning.”
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Flowers placed outside slain judge’s courtroom
The Atlanta Journal-Constitution
Yellow police tape today bars entrance to the eighth-floor courtroom of Superior Court Judge Rowland Barnes, who was killed in Friday’s shooting at the Fulton County Courthouse.
Two sprays of flowers were propped under the police tape outside the vacant room. A notice outside the courtroom informs attorneys and the public that Judge Barnes’ calendar of pending cases will be heard by Judge Stephanie Manis in the adjoining Justice Center tower.
Sprays of flowers also were on the sidewalk at the southeast corner of Pryor Street and Martin Luther King Jr. Boulevard.
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Howard says other trials shouldn’t be halted
The Atlanta Journal-Constitution
Liz Markowitz, a supervisor with the Fulton County public defender’s office, stood outside the courthouse at 8:30 a.m. today clutching bouquets of flowers for the victims - friends she had known for years.
“I’m still shaky,” said Markowitz as tears formed.
She was waiting on the sidewalk for a co-worker before working up the courage to reenter the courthouse.
On Friday, Markowitz had advised some of her employees to drop by suspect Brian Nichols’ rape trial to observe a defendant on the stand.
“Thankfully, they don’t listen to me,” she said.
Veteran defense attorney Steve Sadow, coffee in hand, rushed up to the courthouse steps for a hearing in a criminal case that he isn’t sure will go as planned. He wasn’t at the courthouse Friday, but he reflected on the tragedy of losing a fair-minded judge like Rowland Barnes.
“He was a judge you looked forward to being before,” Sadow said.
District Attorney Paul Howard said everyone is somber but continuing on with their duties. He expects some defense attorneys to request mistrials in cases already underway, but he doesn’t believe any trials should be halted. That’s what happened after the Fulton courthouse was evacuated on Sept. 11, he said.
“Jurors said they thought they could still continue and decide the cases based on the facts and not emotion,” Howard said.
Howard is particularly concerned about the death penalty trial of Michael LeJeune, 27. It took more than a month and about 400 potential jurors to pick a jury to decide LeJeune’s fate in the 1997 North Fulton slaying and dismemberment of Ronnie Davis, 39, of Dunwoody.
The state’s key witness, Kelly Anand, 27, was in the middle of answering tough questions by LeJeune’s lawyers when deputies stopped the trial and hurried alarmed jurors to the jury room and Superior Court Judge Constance Russell to her chambers. Defense attorneys, prosecutors, the victim’s family and spectators were locked inside the courtroom for about three hours.
Jurors, who have been sequestered for a week, asked the judge for an explanation. Russell confirmed there had been a gunman on the loose at the courthouse, but she assured them it had nothing to do with LeJeune’s case. Russell sent jurors back to their hotel and told them they would discuss today whether they felt they could continue.
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Judges keep hearings to minimal levels
The Atlanta Journal-Constitution
Judges at the Fulton County Courthouse are keeping hearings to a minimum today as staff and security adjust to the new realities after Friday’s shooting spree.
Each judge is trying to decide what is “absolutely necessary,” Judge Doris Downs said.
At noon, officials will open a courtroom staffed by grief counselors.
As the courthouse reopened at 8:30 a.m. — almost 72 hours since the shootings — at least 80 people waited in line to get past a security checkpoint set up inside the building.
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‘It could have happened anywhere’
The Atlanta Journal-Constitution
Comments from those entering the Fulton County Courthouse today:
“I don’t worry. If you let things you see on the news every day bother you, you wouldn’t leave your house,” said Tamika Walton of Atlanta, wo was scheduled to be a witness in an aggravated assault case.
“You can’t walk down the street worrying that you’re going to run into a crazy person or get hit by a stray bullet,” she said. “It could have happened anywhere. I put my faith in God, and what happens happens.”
“I have concerns,” countered Pam Anthony, waiting in line at the metal detectors inside the Justice Center as a trio of deputies allowed the public to enter at 8:30. “They couldn’t get it right this last time, what are they going to do to correct the process? It doesn’t sound like a good operation to me,” she said.
“I’m glad to see the courts operating and the courthouse is open,” said Tom Mondelli, an attorney at the Fulton County Conflict Resolution Office, which represents indigent defendants. “I wasn’t sure the courthouse would be open today. It’s heartening to see everything is still operating.”
Franklin Smith, a Buckhead resident and consultant for a medical equipment firm, was in line with his son, who is appearing as a witness in a traffic accident and assault case. “This is probably the safest time to come here,” he said. “I’m sure they have everything bolted down pretty tight,” he said.
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Businessman disappointed by security
The Atlanta Journal-Constitution
A lengthy line of courthouse employees trailed out onto the sidewalk as they waited to get through security at the Pryor Street entrance to the Fulton County Courthouse.
John Tartt, a manager of Tarrazu Coffee Bar, a half a block from the old courthouse next to the Underground parking garage, said this morning that he watched the scene unfold Friday from his shop. “I was disappointed to hear how security was at the courthouse,” he said. “I would have expected more.”
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‘My babies didn’t want me to come’
The Atlanta Journal-Constitution
Marva Nelson, a prospective juror clutching a book, said her three children, 8, 10 and 13, were worried about their mother going to the downtown Atlanta courthouse. “My babies didn’t want me to come,” adding, “I had second thoughts about coming, but I’m here.”
Jasminne White, a data entry clerk in the district attorney office since August, said that before Friday she thought the courthouse was a pretty safe to work. Now she won’t be able to come to work without trepidation. “I hadn’t had a problem until Friday,” she said as she arrived at the courthouse shortly after 8 a.m. and joined the crowd of employees pouring into the building.
“After this weekend, I didn’t really want to come to work today. I just wanted to lie in bed and watch the news,” she said.
Clerk wishes building wasn’t reopening today
The Atlanta Journal-Constitution
The Fulton County Courthouse was closed to the public until 8:30 a.m. Monday morning. Jurors, attorney and court employees began filtering in about 7:30 a.m.
Jeff Pombert, an attorney from Canton, had not been in the courthouse since September. He arrived, carrying a leather file folder under his arm, at the courthouse about 8 a.m., for a civil mediation. He was not concerned about security. “After an event like Friday, my guess it will be a safer place to come to,” he said as he walked through the Pryor Street entrance.
Other court employees were not so comfortable. Sebrina Lane, a deputy Superior Court clerk, said she never entered the courthouse Friday after seeing the crowds and law enforcement on the sidewalk when she arrived for work. She called her supervisor on her cell phone and was told to return home. She was fearful when she arrived at the courthouse Monday morning. “I definitely didn’t want to come back today,” she said. “I was hoping it would be closed today.”
Lane said security at the courthouse had long been a concern for employees.
“It’s easy to walk in and go everywhere. I don’t think it is secure,” she said.
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Jurors say they don’t want to live in fear
The Atlanta Journal-Constitution
Bessie Warren, one of about 10 prospective State Court jurors who arrived at the Fulton County Courthouse shortly after 7 a.m. today, said she hopes not to be called to serve on a case but had no real fear.
Warren, a College Park homemaker, said she had no real anxiety entering the area near where three people were killed Friday. “I don’t want to live in fear,” she said. “Certainly I was appalled Friday, but if you think about bad things happening all the time, you’re just going to live in fear. I don’t want to do that.”
Warren said she was at a meeting of the World Changes Ministry when she learned about the killings. “I thought it was really terrible and naturally I was sad for the victims’ family and also for his (suspect Brian Nichols’) family. All you can do is pray,” she said.
Terry Laman, a technology salesman from Alpharetta, said he felt confident of his safety. “I’m not worried, not at all. Look, the guy had a motive, a trial wasn’t going his way and I figured he had the opportunity to do what he wanted to do.
Shaking his head he added, “It’s another sad chapter in Atlanta’s history.”
“This is probably the safest place to be this morning,” said Steve Floyd of Roswell, waiting in the Justice Center lobby with other prospective jurors. Was he serious about the justice complex being the safest place? “Today, yes. A year from now, maybe not. Who knows?” he responded.
Cheryl Vortice, a court clerk’s employee, said she had come into the Justice Center Saturday and felt discomforted by seeing signs still up from Friday that the building had been evacuated. “It made me feel strange seeing that,” she said.
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TV news trucks surround quiet courthouse
The Atlanta Journal-Constitution
There were no obvious signs of extra security outside the Fulton County Courthouse today.
You would never know that Friday’s mayhem had occurred unless you looked across Martin Luther King Jr. Drive where at least eight TV news trucks from both local stations and national networks were parked.
At the corner of Central Avenue and MLK Drive, Ashley Smith, the Gwinnett County woman taken hostage by the suspect, was being interviewed live by NBC’s “Today”show.
A young man standing behind her was led away and handcuffed by a police officer after he refused a network official’s request that he move. He said he was on a public sidewalk and had a right to be there.
The man, who worked for another television network, was released by police a few minutes later after apologizing and agreeing to leave. He then got in his car and left.
Immediately after her “Today” interview, Smith, wearing a pink jacket, khaki pants and black gloves, was interviewed on CBS’ morning show. Smith continued to give interviews to other media outlets for at least 45 minutes. At 8 a.m Smith was hustled away from the courthouse by several people from her lawyer’s office and was driven away in a red Ford Explorer driven by Richard Hyde, chief investigator for the law firm Balch & Bingham.
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New world, realities at courthouse
The Atlanta Journal-Constitution
This morning marks the beginning of a new world at the Fulton County Courthouse — despite Fulton Sheriff Myron Freeman’s assertion that things would be “business as usual.” Just days after the shootings at the courthouse, several judges have decided to take safety matters into their own hands.
“It can’t be business as usual,” said Superior Court Judge Stephanie Manis, who met with some other judges Sunday to discuss courthouse security. “It would be absurd to even think that.”
Manis expects her courtroom to be packed with accused felons for a status check on their criminal cases today, the day court resumes. Friday’s shootings caused several trials to be halted.
Manis said she will assemble her staff and the deputy assigned to her courtroom today to tour the holding cell and discuss security. “I’m concerned about reassuring prosecutors, defense attorneys and other inmates that we have done all we can to make the courtroom safe,” she said.
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