March 12, 2005
Brian Nichols
Posted at March 12, 2005 1:05 AM
Hunt for court shooter Brian Nichols spreads to other states
A man being escorted into court for trial Friday stole a gun, then killed the judge, a court stenographer and a sheriff's deputy before fleeing. The attack set off a massive manhunt and chaos across Atlanta.
Hundreds of officers in cruisers and helicopters swarmed the area in search of 33-year-old Brian Nichols, who remained at large Friday night. He had been on trial for rape, burglary and other charges stemming from an incident involving an ex-girlfriend.
Around the city, schools, restaurants and office buildings were locked down amid fears the killer might strike again. As the search spread to several states, Nichols' mug shot was all over TV screens, and highway message boards issued descriptions of the stolen vehicle he was in.
"Mr. Nichols is considered armed and extremely dangerous and should not be approached," Fulton County Sheriff Myron Freeman said. "We are not going to rest until we find him."
Nichols got a semiautomatic pistol by overpowering Sgt. Cynthia Hall, who was leading him to trial down an eighth-floor corridor in the Fulton County Courthouse, Assistant Police Chief Alan Dreher said.
After shooting Hall in the head, he went into the courtroom, held about a dozen people at bay for a short time and shot and killed Superior Court Judge Rowland Barnes and court reporter Julie Brandau, authorities said.
Dreher said Nichols then ran down eight flights of stairs and fled outside, followed by another deputy, Sgt. Hoyt Teasley, who was fatally shot outside.
Nichols hijacked at least three vehicles, authorities said, before pistol-whipping a reporter for the Atlanta Journal-Constitution, stealing his green 1997 Honda Accord and speeding away. "I thought this was a routine carjack," the reporter, Don O'Briant, said later.
Hall was in critical condition after surgery with a split forehead, facial fractures and a bruised brain, said Jeffrey Salomone, a trauma surgeon at Grady Memorial Hospital.
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Brian Nichols, Bart Ross, Perceived Unfairness (Courts Under Attack)...
Taking a life is wrong!
Fighting the justice system outside of its contour isn’t rational. Freedom has provided civil liberties when used correctly removes insurmountable barriers such as segregation, discrimination and the like. Although many Americans have formed certain perceptions about the judiciary that represents an overall lack of trust, one must prove their argument within the structure provided and advocate change through civilized conduct. There are many methods of mentally or physically withdrawing from a hostile situation. The most common, attribute racist behavior to ignorance and chose to educate as a response to discrimination, which can give a sense of empowerment.
A spate of violence in the judicial system has many uneasy and on edge. Security at federal, state, and local courts across the country has been increased in the wake of the shooting of three people in Atlanta (Judge Rowland Barnes, his court reporter and a Fulton County deputy) today and last week’s killings of U.S. District Court Judge Joan Humphrey Lefkow’s husband and mother in Chicago.
Since the Sept. 11, 2001 terrorist attacks, courthouses today are already secured by electronic surveillance systems, armed security officers, and metal detectors and scanning devices at every public entrance. In short, Judges are often the target of threats from defendants or litigants. They worry that their addresses and other personal information are easily accessible using the Internet and public records. And, there are trials that have the potential for additional security concerns.
In Chicago, police concluded that 57-year-old Bart Ross, a Poland immigrant, harbored a grudge against Judge Lefkow because she dismissed his malpractice lawsuit. In Atlanta, observers say a second rape trial was going badly for 33-year-old Brian Nichols, an African-American. It was his second trial in as many weeks. The first ended in a mistrial after a jury was unable to reach a verdict (8 to 4 in favor of acquittal).
Public confidence plays a significant role in the ability of courts to perform their function effectively. Courts must rely for enforcement of their decisions on retaining sufficient respect from individual citizens so that the vast majority will comply voluntarily. Perceptions influence, even shape, behavior. Both Bart Ross and Brian Nichols appear to have expressed a concern about possible unfairness. Note, more than one-third of all Georgians see African Americans as receiving worst treatment than others by the court system. See “Essay: Race and the Georgia Courts: Implications of the Georgia Public Trust and Confidence Survey for Batson v. Kentucky and its Progeny,” 37 Ga. L. Rev. 1021.
In fact, there are twenty years of surveys (1978 to 1998), that identify positive and negative images of the judiciary recurred with varying degrees of force-fulness across the nation. See David B. Rottman’s, “On Public Trusts and Confidence: Does Experience with the Courts Promote or Diminish It?” Negative images centered on perceived inaccessibility, unfairness in the treatment of racial and ethnic minorities, and lack of concern about the problems of ordinary people. There is also a concern that the courts are biased in favor of the wealthy and corporations - political considerations exerted an undue influence on the judiciary.
Nonetheless, improving public trust and confidence of the courts is fundamental and likely to be the best defense against the emotional reaction of losing a legal case. As early as 1988, U.S. Supreme Court Chief Justice, William H. Rehnquist, detailed the extent, almost since the inception of our system of government, that the courts require the public’s trust and confidence. See “The Supreme Court: The First Hundred Years Were the Hardest,” 42 U. Miami L. Rev. 475, 477 (1988).
Justice Rehnquist provided the following example:
“When former Chief Justice Oliver Ellsworth, an appointee of President George Washington, fell ill in December 1800, president John Adams turned to John Jay asking him to return to that position (Jay having served as the first Chief Justice). But, John Jay refused the appointment writing ‘The Court, labored under a [judicial] system so defective that amongst its other problems, it did not possess the public confidence and respect which as the last resort of the justice of the nation, it should....’”
Supreme Court Justice Sandra Day O’Connor in her address to the National Conference on Public Trust and Confidence in the Justice System (July 1999) has expressed a similar concern:
“[i]n the lasts analysis, it is the public we serve, and we do care what the public thinks of us.”
But, prior to a 1999 study sponsored by the National Center for State Courts and the Hearst Corporation, “How the Public Views the State Courts” there was no systematic body of evidence that could document the extent to which and the ways in which perceptions of the court differ across social groups.
The 1999 survey findings reveal stark differences in how minority groups view the judicial system. African Americans consistently display a more negative view of the courts and less trust and confidence in the judicial system than do White/Non-Hispanics or Hispanics. That is, as a general matter, blacks express low levels of confidence in the courts, lower than other groups.
Minority groups perceive themselves as treated worse by the judicial systems because: (1) court personnel aren’t helpful and courteous; (2) most juries are not representative of the community; (3) courts fail to make reasonable efforts to ensure that individuals have adequate attorney representation; (4) judges are generally dishonest in deciding cases; and (5) courts are just “out-of-touch” with what’s going on in their communities.
Interestingly, Caucasians appear to either not understand or discount the perceptions of minority group members about the fairness of the court process.
A perception that money (court costs) matters in the treatment one receives from the courts is also an important component of the court’s public image. Nearly all respondents (87 percent) believed that having a lawyer contributed “a lot” to the high cost of going to court. More than half the respondents believed that the slow pace of justice, the complexity of the law, and the expenditure of personal time (e.g. missing work) additionally contributed “a lot” to the cost of going to court. Most distressing, all of groups said courts handle cases in a poor manner. Family relations cases and juvenile delinquency cases, in particular, are said to fare worst.
In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court concluded that a government lawyer prosecuting an African American criminal defendant violates the Equal Protection Clause if the prosecutor uses peremptory challenges for the purposes of excluding African Americans from the jury. The decision was premised in part on a desire to bolster public confidence in the fairness of the court system.
The Batson principle has been extended in a series of subsequent decisions, so that the prohibition on racially discriminatory peremptory challenges now extends to all trial attorneys, regardless of the nature of the case or the identity of the client. See Georgia v. McCollum, 505 U.S. 42 (1992); Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991); Powers v. Ohio, 499 U.S. 400 (1991). In Powers v. Ohio, the Court held a jury “acts as a vital check against the wrongful exercise of power by the State and its prosecutors,” and that racial discrimination in jury selection “damages both the fact and the perception of this guarantee.”
While Batson has not produced a general public consensus that all races receive equal treatment in the court system, that does not necessarily mean the decision has been completely ineffective, or that it is somehow fundamentally misguided. By striking at the use of racial stereotypes as the basis for peremptory challenges, one expected outcome of the Batson decision would be to increase the number of minorities serving on juries. Such an outcome could play a potentially significant role in improving public confidence in the court system. Data from the Georgia survey (Essay: Race and the Georgia Courts: Implications of the Georgia Public Trust and Confidence Survey for Batson v. Kentucky and its Progeny,” 37 Ga. L. Rev. 1021) suggests that, in certain respects, those who have served as jurors tend to have greater trust in the court system than other citizens, and this hold true when minority jurors are examined.
Posted by: kstreetfriend at March 12, 2005 4:17 PM
The court system is not fair, after the incident with Brian Nichols, every black male in the justice system, incarcerated for rape or murder, innocent or not is going to catch hell, not only in court, but while they await court, sitting in the Fulton County Jail. Also when the jury was hung, they should have let Brian Nichols go.
Posted by: Robin at March 16, 2005 8:40 AM
Brian Nichols will suffer for the shooting of all of the victims that he killed, and my heart goes out to all of the families. But they should have reviewed the decision of the first jury, he was in this relationship for 7 years, why would he have to rape this woman, the man knew that he was going to prison for something that he didn't do, and you may hear a lot of convicts say that if they are going to jail, and do some time, it may as well be for murder. I feel that the Public Defenders and lawyer, should really do a more indept research on the cases that they have, instead of taking on more, before they have finished the load that they all ready have. They may find that some of these people are innocent.
Posted by: Robin at March 16, 2005 8:48 AM
I feel really bad for Brian Nichols because he was pushed to do what he did. Why wasn't this country in an outrage when they caught that white man in Mississippi for killing those 3 civil rights workers. I feel like that racist judge had coming to him as for the court reporter she shouldn't have been biased, and for the deputy wrong place wrong time but I do feel bad for him and his family. The justice system is setup against blacks anyway just look at the prisons. All of good, educated, and decent black men railroaded. Black people as a whole should be in an outrage and demand justice.
Posted by: Antoinette at March 16, 2005 12:49 PM
my question is when brian goes back to court for another trial is there a great possibility that he is sentenced to death by the electric chair or that new and improved needle that kills instantly? and if brian nicholas is NOT sentenced to death and is sentenced to life in prison can any one visit him or write him letteres in prision and can the judge order him to no visits and no letters in prision?
Posted by: cheyenne at March 16, 2005 12:55 PM
when brian went to court for his rape trial i think he literaly lost his mind once his ex-girlfriend said he raped her. why would he rape her and they been with each other for seven years i mean think about it when brian went to go change into his jail clothes why would they not have more that one police with him i mean look at his status 200pounds 6'1 ex-football player and compared to that little woman every bit of 5'4 coupple hundred pounds and not strong enough to hold him down. thats rediculus and in jail now he is probably going to be considerd a hero because that judge sentence alot of people to life in prision and death row.but when they took brian out of the courtroom for his public appearance when he had 5 deputies in the back 3 in the front and two on the side why didn't they do that in the first place?p.s if brian is such a rapist why didn't he rape ms.smith when he held her hostage?!
Posted by: cheyenne at March 16, 2005 1:09 PM
How come the story didn't talk about Ms.Smith and what she done? She is the real hero in this story. She took the word of God to help her and her daughter and Brian Nichols. She left it in God's hands to change this man and that's exactly what God done!
Posted by: christiangirl at March 17, 2005 6:55 AM
I feel sorry for Brian Nichols. When he was acquitted the first time they should have left him alone. Now his life is ruined. How many of us would rape a woman we had been with for 7 years? what he did was wrong, and I feel sorry for those families. May God have mercy on all their souls............
Posted by: mark strickland at March 17, 2005 8:14 PM
should had more securety when dealing with dangerous people may god bless there family and love ones .
Posted by: denwat at March 19, 2005 12:31 PM
Why do we not hear anythng about his X girlfriend and accuser of rape? Who is she?
Posted by: B-luv at March 23, 2005 6:27 PM
I've been looking at all the press releases that have been published and I am surprised that there are people that are trying to argue that Nichols is innocent of rape. especially for the mere fact that he was with her for 7 years. First off, who are we to say that he didn't rape her. We the public, don't have anywhere near all the details of the case. What i've been able to find out is that; he had to tie her up, had made previous threats to her and the family, brought a machine gun with him to the apartment, and brought a cooler for the planned out schedule of assault. He also was in posession of a ton of marijuana and an automatic weapon. This doesn't appear to be innocent if you ask me (not saying he was guilty, but i don't feel that just because he was with her for 7 years means that this type of behavior is normal and innocent) I agree that Brian Nichols snapped. My differing opinion though is that he snapped with a jealous rage for an ex-girlfriend that was now seeing somebody else. He got caught, went to trial, went to trial again, and snapped again. There was no racial indications through this. Everybody now-a-days wants to make everything into being about RACE. He wasn't after the white authority, he was after the authority that was going to put him away for life. If it were a black judge it would have been the same scenario. Simply a man that was broken and at his last resort. I don't feel he was trying to make a political statement through his actions or escape systematic slavery. But for some reason in our society, as soon as we are caught, we plead injustice. That Brian Nichols is the victim. Ignoring all other facts we jump on the same wagon that has been used for entirely too long. Brian Nichols is black and the judge he killed was white, It must be a racial crime or motivated by racial injustice. This is the sad lie we buy into. I wish for once we would not see Color, but rather the deeper issues of the heart that turn what would be seen as a normal citizen into someone that is capable of killing. We need to pass through the shallow excuse that has been used for far too long and discover what really makes someone snap.
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Posted by: amy at March 31, 2005 3:54 PM
I KNOW THAT WHAT BRIAN NICHOLS DID WAS VERY WRONG, BUT I ALSO FEEL THAT THEY COURT WAS GOING TO DO HIM AN INJUSTICE, IF THE JURY WAS HUNG, IT SHOULD HAVE STAYED HUNG. I ALSO WANT TO SEE IF BRIAN NICHOLS GETS THE SAME CHANCES AS ERIC RUDOLPH, (ERIC RUDOLPH) KILLED MORE PEOPLE, INNOCENT CHILDREN, BLEW UP BUILDING AND DID MORE HURT AND HARM THEN NICHOLS, I AM REALLY WAITING TO SEE, IF THEY GIVE HIM A SIMILAR SENTENCE OR IF THEY PUT HIM TO DEATH, THEN I WILL REALLY KNOW THAT THE COURT SYSTEM IS RACIST.
Posted by: Robin at April 12, 2005 11:25 AM
OH AND BY THE WAY, THIS MAN HAS A CHILD WHO IS REACHING OUT TO HER FATHER, WILL SHE BE ABLE TO SEE HIM, HE ALSO HAS A NEW BORN SON, WILL HE EVER GET A CHANCE TO KNOW HIS FATHER, AND WHAT HAPPENED TO THE EX-GIRL FRIEND AND HER SAVED BOY FRIEND. I WANT TO KNOW MORE ABOUT THEM.
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