Jurors sent home til Wednesday in Nichols case

Brian Nichols won another delay in his death-penalty trial Monday when the judge put off testimony to give defense lawyers time to prepare for witnesses to try to save Nichols from execution.

A Fulton County jury convicted Nichols Friday of 54 crimes, including four murders, and the prosecution was planned to start calling witnesses to make its case for lethal injection.

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

• 4 years after attacks, courthouse lacks security plan 
• 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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Defense lawyers had argued they needed to know which witnesses on the state’s 600-person witness list are likely to testify and on what topic. Superior Court Judge James Bodiford ordered jurors to return Wednesday at 8:40 a.m.

“Justice got in the way of efficiency today,” Bodiford told jurors.

Bodiford ordered prosecutors to prepare a one-paragraph summary on each witness they expect to call. Lead prosecutor Kellie Hill to said she would also make the witnesses available for defense lawyers to question before they testify .

Bodiford and the lawyers will meet at 1 p.m. Tuesday to resolve any legal issues at the Atlanta Municipal Court building, which is otherwise closed for Veterans’ Day.

“Anything we can possibly foresee, we’re going to resolve in the next 48 hours so we can use your time efficiently,” Bodiford told jurors.

Much criticism has been aimed at the Nichols’ case for the frequent delays in bringing it to trial. Most of the delays happened under Senior Superior Court Judge Hilton Fuller, whom Bodiford replaced last February after Fuller resigned from the case.

Bodiford has kept the case moving — saying he feared the delays were undermining public confidence in the judiciary — and has said he expects a jury decision on whether Nichols should receive lethal injection or life in prison after Thanksgiving. Initial projections said the trial would last until after Christmas.

Nichols, 36, shot to death four people on March 11, 2005, after he escaped from his holding cell at the Fulton County Courthouse where he was on trial for rape. He escaped by overpowering his guard, taking her gun and leaving her brain-damaged and then went to his courtroom where he shot to death the judge and court reporter inside the courtroom, killed a pursing deputy outside the courthouse, and an off-duty federal agent later that day.

He pleaded not guilty by reason of insanity, saying delusions that he was leading a “slave revolt” against an unjust justice system compelled him view the killings as acts of war.

Ninety-three witnesses testified during the 32-day guilt-or innocence phase of the trial.

The case was moved to Atlanta Municipal Court since three of the shootings happened at the Fulton County Courthouse, making the building a crime scene. Court rules generally prohibit jurors from visiting crime scenes on their own during a trial.

Defense lawyers wanted to delay bringing the jury back until Wednesday afternoon to give them time to resolve legal issues that morning if necessary. Bodiford refused, saying they would work into the night Tuesday if necessary so they would be ready.

“This case has already had enough stops and starts,” Bodiford said.