Post by Anja Nieser on Sept 26, 2006 16:22:55 GMT -5
Attys: No Death Penalty for Nichols
Attorneys for accused Fulton County Courthouse shooter Brian Nichols on
Monday asked the judge to ban the death penalty in Nichols' case.
"We're talking about the right to life" when a prosecutor decides whether
to seek the death penalty in a particular case, said Nichols Attorney
Robert McGlasson at a hearing at the Fulton County Courthouse on Monday
afternoon.
McGlasson argued that, in Georgia, there are no statewide standards that
prosecutors are required to follow when deciding which defendants in
capital crimes will face the death penalty; McGlasson said that that lack
of statewide standards is unconstitutional.
"There are no uniform, specific standards in terms of the implementation
and/or the protection of the fundamental right to life in Georgia,"
McGlasson told the judge.
"We believe that the death sentencing scheme in Georgia must be found
arbitrary, a violation of equal protection and the due process clause" of
the Constitution, McGlasson said.
Assistant District Attorney Christopher Quinn argued that Georgia does
have a statewide standard that appellate courts have repeatedly upheld as
constitutional, and that statewide standard is the requirement that a
prosecutor must have evidence of the presence of at least one aggravating
circumstance in addition to the crime itself.
Furthermore, Quinn said, each district attorney in Georgia is elected by
his or her community to decide whether that community's standards cry out
for the death penalty whenever there is an aggravating circumstance.
"A standard of what is the worst of the worst in their community," Quinn
told the judge. "I would submit to you that the murder of a judicial
officer on the bench [Judge Rowland Barnes] is, most certainly, a
statutory aggravating circumstance," as well as the fact that the other
three victims were also public servants.
Quinn argued that Georgia law specifically guards against one community's
standards dictating what another community's standards should be regarding
the death penalty.
"I'm sure Your Honor would readily agree that what is the worst of the
worst [crime] in Lumpkin County or in Seminole County is not necessarily
what they consider the worst of the worst in Atlanta," Quinn said.
Judge Fuller did not say when he will rule on whether to allow prosecutors
to seek the death penalty, if Nichols is convicted.
Earlier Monday, Nichols' attorneys asked Judge Fuller to ban video and
audio -- from the courtroom camera and microphones -- from being televised
until Nichols' trial is over.
Nichols' trial is scheduled to begin in January.
Nichols' attorneys argued that allowing trial proceedings to be televised
while the trial is underway would create a circus-like atmosphere and deny
Nichols' right to a fair trial.
Right now in the Nichols case, video and audio from the many pre-trial
hearings are allowed to be televised.
Nichols is charged with killing a judge, a court reporter, a sheriff's
deputy, and a federal agent in March of last year, while escaping the
Fulton County courthouse where he was on trial for rape.
On Monday morning, media attorneys argued that the Georgia Supreme Court
has ruled repeatedly in support of cameras in the courtrooms and
television news coverage of on-going trials, even during high-profile
capital cases.
It is quite clear that the use of cameras in a trial proceeding is not a
denial of due process. That is obviously reflected in the history of
televising cases in this state. Its case after case in this state where
cameras have been successfully used in trial, in high profile cases, in
death penalty cases, and those cameras have not interfered in the
proceeding and they have not denied the defendant due process rights,
argued Tom Clyde, a media attorney.
Prosecutors said they don't care one way or another, so they are staying
out of the argument.
Judge Hilton Fuller said he will not rule on the matter until after
October 10th, at the earliest.
This latest round of pre-trial hearings in the Nichols case will continue
on Wednesday of this week, and on Monday and Tuesday of next week. Among
the issues the defense is raising is the fairness of the upcoming jury
selection process.
(source: 11Alive.com)
Attorneys for accused Fulton County Courthouse shooter Brian Nichols on
Monday asked the judge to ban the death penalty in Nichols' case.
"We're talking about the right to life" when a prosecutor decides whether
to seek the death penalty in a particular case, said Nichols Attorney
Robert McGlasson at a hearing at the Fulton County Courthouse on Monday
afternoon.
McGlasson argued that, in Georgia, there are no statewide standards that
prosecutors are required to follow when deciding which defendants in
capital crimes will face the death penalty; McGlasson said that that lack
of statewide standards is unconstitutional.
"There are no uniform, specific standards in terms of the implementation
and/or the protection of the fundamental right to life in Georgia,"
McGlasson told the judge.
"We believe that the death sentencing scheme in Georgia must be found
arbitrary, a violation of equal protection and the due process clause" of
the Constitution, McGlasson said.
Assistant District Attorney Christopher Quinn argued that Georgia does
have a statewide standard that appellate courts have repeatedly upheld as
constitutional, and that statewide standard is the requirement that a
prosecutor must have evidence of the presence of at least one aggravating
circumstance in addition to the crime itself.
Furthermore, Quinn said, each district attorney in Georgia is elected by
his or her community to decide whether that community's standards cry out
for the death penalty whenever there is an aggravating circumstance.
"A standard of what is the worst of the worst in their community," Quinn
told the judge. "I would submit to you that the murder of a judicial
officer on the bench [Judge Rowland Barnes] is, most certainly, a
statutory aggravating circumstance," as well as the fact that the other
three victims were also public servants.
Quinn argued that Georgia law specifically guards against one community's
standards dictating what another community's standards should be regarding
the death penalty.
"I'm sure Your Honor would readily agree that what is the worst of the
worst [crime] in Lumpkin County or in Seminole County is not necessarily
what they consider the worst of the worst in Atlanta," Quinn said.
Judge Fuller did not say when he will rule on whether to allow prosecutors
to seek the death penalty, if Nichols is convicted.
Earlier Monday, Nichols' attorneys asked Judge Fuller to ban video and
audio -- from the courtroom camera and microphones -- from being televised
until Nichols' trial is over.
Nichols' trial is scheduled to begin in January.
Nichols' attorneys argued that allowing trial proceedings to be televised
while the trial is underway would create a circus-like atmosphere and deny
Nichols' right to a fair trial.
Right now in the Nichols case, video and audio from the many pre-trial
hearings are allowed to be televised.
Nichols is charged with killing a judge, a court reporter, a sheriff's
deputy, and a federal agent in March of last year, while escaping the
Fulton County courthouse where he was on trial for rape.
On Monday morning, media attorneys argued that the Georgia Supreme Court
has ruled repeatedly in support of cameras in the courtrooms and
television news coverage of on-going trials, even during high-profile
capital cases.
It is quite clear that the use of cameras in a trial proceeding is not a
denial of due process. That is obviously reflected in the history of
televising cases in this state. Its case after case in this state where
cameras have been successfully used in trial, in high profile cases, in
death penalty cases, and those cameras have not interfered in the
proceeding and they have not denied the defendant due process rights,
argued Tom Clyde, a media attorney.
Prosecutors said they don't care one way or another, so they are staying
out of the argument.
Judge Hilton Fuller said he will not rule on the matter until after
October 10th, at the earliest.
This latest round of pre-trial hearings in the Nichols case will continue
on Wednesday of this week, and on Monday and Tuesday of next week. Among
the issues the defense is raising is the fairness of the upcoming jury
selection process.
(source: 11Alive.com)