Post by sometimeman on Oct 19, 2007 10:59:52 GMT -4
Public defender office to defy judge in courthouse shooting case
By HARRY R. WEBER - Associated Press Writer --
ATLANTA --
The state public defender's office voted Thursday to defy a judge's order to continue to provide funding for the legal fees and expenses of the man accused of killing four people in a 2005 rampage.
After meeting in private, the Georgia Public Defender Standards Council agreed to tell Superior Court Judge Hilton Fuller at a contempt hearing that had been set for Monday that it can't pay the costs and carry out its duty in roughly 80 other capital cases in the state.
The council said it would file court papers to that effect under seal. The members declined to comment further.
A few hours later, Fuller voluntarily recused himself from overseeing the hearing, which he postponed. Fuller said it would be more appropriate if another judge hears the contempt issue.
A west Georgia judge, A. Quillian Baldwin Jr. of LaGrange, will assign a new judge to handle the contempt hearing since all Fulton County Superior Court judges have recused themselves from the entire case. A new date for the hearing was not immediately set. Fuller will still preside over the rest of the case.
The council's move follows Fuller's decision Wednesday to indefinitely suspend jury selection in Brian Nichols' state murder trial.
Fuller suspended the trial after Nichols' lawyers demanded that individual questioning of prospective jurors, which started Monday, stop immediately until they receive money to pay their fees and expenses.
The state public defender's office has said that because of the amount of money already spent on Nichols' defense so far - $1.8 million as of the end of June - there isn't enough money for other cases. As a result, it cut off funding to Nichols' defense on July 1.
The Legislature has refused to step in. Nichols' defense did get one piece of good news late Wednesday when Fulton County said it would comply with an order to pay the legal fees of one of Nichols' four attorneys. That, alone, however, won't solve all of the defense concerns.
Fuller did not say when jury selection would resume. He also indicated that he would decide later whether to release the 1,100 prospective jurors in the current pool from duty and create a new one.
Nichols' lawyers have said they are unprepared to go forward. Fuller has warned that the case may never be tried without adequate defense funding.
Nichols is charged with escaping from custody at a downtown Atlanta courthouse - where he was on trial for rape - and killing the judge presiding over the rape trial, a court reporter chronicling the proceeding, a sheriff's deputy who chased him outside, and a federal agent he encountered later that night.
Nichols surrendered the next day. State prosecutors plan to seek the death penalty if Nichols is convicted of murder. Nichols' lawyers plan to ask the jury to find their client not guilty by reason of mental illness, arguing that he was suffering a "delusional compulsion" at the time of the killings.
By HARRY R. WEBER - Associated Press Writer --
ATLANTA --
The state public defender's office voted Thursday to defy a judge's order to continue to provide funding for the legal fees and expenses of the man accused of killing four people in a 2005 rampage.
After meeting in private, the Georgia Public Defender Standards Council agreed to tell Superior Court Judge Hilton Fuller at a contempt hearing that had been set for Monday that it can't pay the costs and carry out its duty in roughly 80 other capital cases in the state.
The council said it would file court papers to that effect under seal. The members declined to comment further.
A few hours later, Fuller voluntarily recused himself from overseeing the hearing, which he postponed. Fuller said it would be more appropriate if another judge hears the contempt issue.
A west Georgia judge, A. Quillian Baldwin Jr. of LaGrange, will assign a new judge to handle the contempt hearing since all Fulton County Superior Court judges have recused themselves from the entire case. A new date for the hearing was not immediately set. Fuller will still preside over the rest of the case.
The council's move follows Fuller's decision Wednesday to indefinitely suspend jury selection in Brian Nichols' state murder trial.
Fuller suspended the trial after Nichols' lawyers demanded that individual questioning of prospective jurors, which started Monday, stop immediately until they receive money to pay their fees and expenses.
The state public defender's office has said that because of the amount of money already spent on Nichols' defense so far - $1.8 million as of the end of June - there isn't enough money for other cases. As a result, it cut off funding to Nichols' defense on July 1.
The Legislature has refused to step in. Nichols' defense did get one piece of good news late Wednesday when Fulton County said it would comply with an order to pay the legal fees of one of Nichols' four attorneys. That, alone, however, won't solve all of the defense concerns.
Fuller did not say when jury selection would resume. He also indicated that he would decide later whether to release the 1,100 prospective jurors in the current pool from duty and create a new one.
Nichols' lawyers have said they are unprepared to go forward. Fuller has warned that the case may never be tried without adequate defense funding.
Nichols is charged with escaping from custody at a downtown Atlanta courthouse - where he was on trial for rape - and killing the judge presiding over the rape trial, a court reporter chronicling the proceeding, a sheriff's deputy who chased him outside, and a federal agent he encountered later that night.
Nichols surrendered the next day. State prosecutors plan to seek the death penalty if Nichols is convicted of murder. Nichols' lawyers plan to ask the jury to find their client not guilty by reason of mental illness, arguing that he was suffering a "delusional compulsion" at the time of the killings.
