Jurors to be sequestered in courthouse shooting deliberations

Published 9:52 am Wednesday, December 13, 2006

ATLANTA — Jurors in the murder trial of accused courthouse gunman Brian Nichols will be sequestered at all times during their deliberations, but will be allowed to go home at night and on the weekends during the bulk of the trial, a judge ruled Tuesday.

Superior Court Judge Hilton Fuller’s decision was a compromise response to requests by prosecutors, who wanted jurors sequestered during the entire trial, and defense lawyers, who didn’t want them sequestered at all.

Jury selection in the trial over the March 11, 2005, killings of a judge and three others is scheduled to begin Jan. 11 at the same courthouse complex where the shooting spree started.

Defense lawyers continue to push for a trial delay, and a hearing on the request is set for Wednesday.

Fuller said in his order that the jury will be sequestered fully during all deliberations, including overnight and on weekends. The jury also will be sequestered while at the courthouse during all trial days, but will not be sequestered at night or on weekends on days when testimony or evidence is presented, which would be the bulk of the trial.

Fuller said he could modify the order later, if necessary.

Sequestration involves keeping jurors isolated — usually by arranging for them to take meals together and stay at a hotel when not in court.

Nichols is charged in a 54-count indictment with murder, kidnapping, carjacking, escape and other offenses. He has pleaded not guilty.

He is accused of grabbing a deputy’s gun at the downtown Fulton County Courthouse, where he was being retried on rape charges, and killing a judge, court reporter and a sheriff’s deputy. He’s also charged with killing a federal agent he encountered at a home a few miles from the courthouse.

Police said Nichols also took a woman hostage in her suburban Atlanta apartment but surrendered the next day.

Prosecutors are seeking the death penalty.