Legal Commentary

No Federal Death Trial for Brian Nichols

By TChris

Brian Nichols, convicted of 54 charges resulting from killings he committed during and after his escape from a courthouse in Atlanta four years ago (TalkLeft coverage collected here), was spared death last year after a jury deadlocked during the penalty phase of his trial. He instead received multiple sentences of life without parole.

As Jeralyn discussed in December, a Georgia prosecutor asked the Justice Department to bring a federal death penalty prosecution against Nichols because one of his murder victims was a customs officer. The Justice Department has sensibly declined.

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If a federal case were mounted, prosecutors would face “significant evidentiary issues” that were not addressed in the state case. If those could be overcome, “a federal jury might well not return a unanimous death sentence, as occurred in the state trial,” [U.S. Attorney David] Nahmias said.

“In addition, there is considerable value in not disrupting the finality that the state case provided to the many victims, survivors of victims, other witnesses and the community,” he said.

As Nichols’ lead attorney, Henderson Hill, said, Nahmias’ decision "honors the work of all twelve Fulton County jurors" who carefully considered and failed to return a verdict of death. Nahmias made a wise decision.

Full post as published by TalkLeft on March 18, 2009 (boomark / email).