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Ben E Lou 03-11-2005 08:50 AM

Shooting at courthouse in Downtown Atlanta
 
One station is reporting that a judge has died from his wounds. This is all I can find online at this point. News still coming in. It apparently happened around 45 minutes ago.

Quote:

Shooting reported at courthouse

The Atlanta Journal-Constitution
Published on: 03/11/05
A Fulton County deputy and one other person were shot Friday morning at the Fulton County Courthouse on Pryor Street in downtown Atlanta, police dispatchers said.

Dispatchers could not confirm television reports that the second victim was a Fulton County judge.


The conditions of those shot were not immediately known.

The suspect apparently carjacked at least one vehicle following the shooting, which occurred about 9 a.m.

Dispatchers said a lookout had been posted for a green Mazda Tribute or Ford Escape minivan.

A court administrator on the sixth floor of the courthouse said he heard shots shortly after 9 a.m., and the courthouse was put on lockdown afterwards.

Ben E Lou 03-11-2005 08:52 AM

Geez. They're now reporting that a judge has died of his gunshot wounds, and two deputies have been taken to the hospital.

Ben E Lou 03-11-2005 08:55 AM

Now reporting that the suspect was able to take the gun of a deputy, held the courtroom hostage, shot the judge in the courtroom, ran outside, was confronted by a deputy outside who he also shot, then fled the scene by a carjacking.

Ksyrup 03-11-2005 08:57 AM

Terrible. No doubt influenced by the Chicago incident.

mhass 03-11-2005 09:05 AM

They come in three's right? Skip a court date if you've got one.

BigJohn&TheLions 03-11-2005 09:07 AM

Wow. Think this might end up on Law & Order?

Ben E Lou 03-11-2005 09:08 AM

Court reporter has died also. :(

Ben E Lou 03-11-2005 09:14 AM

It was Judge Roland Barnes who was killed. He presided over the trial of that hockey player in the death of his teammate.

Ben E Lou 03-11-2005 09:19 AM

According to a Sheriff's department representative being interviewed live, the suspect shot four people, the judge, two deputies and a court clerk.

Ksyrup 03-11-2005 09:23 AM

Quote:

Originally Posted by SkyDog
According to a Sheriff's department representative being interviewed live, the suspect shot four people, the judge, two deputies and a court clerk.


Any info about the suspect - was he on trial, a spectator, etc.?

Ben E Lou 03-11-2005 09:23 AM

Quote:

Originally Posted by Ksyrup
Any info about the suspect - was he on trial, a spectator, etc.?

He was being retried for "a particularly violent rape." Apparently there was a mistrial last week.

KevinNU7 03-11-2005 09:25 AM

Does Georgia have the death penalty?

Ben E Lou 03-11-2005 09:25 AM

Quote:

Originally Posted by KevinNU7
Does Georgia have the death penalty?

This IS Georgia, now isn't it?

They just reported that the suspect may have carjacked as many as four different cars to confuse people in his escape, including an AJC reporter who he pistol-whipped before taking his car.

Ksyrup 03-11-2005 09:28 AM

I hope this guy doesn't own Grand Theft Auto, or Jack Thompson is going to have a field day with this.

Ben E Lou 03-11-2005 09:28 AM

MSNBC Article has a little more info...

Quote:

John Bazemore / AP
Judge reportedly killed
at Atlanta courthouse
Rape suspect takes gun from sheriff, wounds at least two others
Fulton County Superior Court Judge Roland Barnes, the justice reportedly shot dead Friday, is seen in a file photo from last month.

BREAKING NEWS
MSNBC staff and news service reports
Updated: 10:19 a.m. ET March 11, 2005

ATLANTA - A judge was killed and at least two others wounded at the Fulton County Courthouse in downtown Atlanta on Friday, news reports said.

advertisement
NBC affiliate WXIA-TV reported that Superior Court Judge Roland Barnes was shot dead by a man who had been in court when he wrestled a gun from a sheriff, then began shooting.

At least one sheriff was wounded.

A third shooting reportedly was at a parking garage where the suspect stole a vehicle and then fled.

Witnesses said he later carjacked a second vehicle and police have been searching the area.

The shooting occurred shortly after 9 a.m. local time.

Police identified the suspect as a Brian Nichols, age 34, and a Fulton County resident.

Investigators tell NBC News that Nichols was in custody at the time of the shooting, facing rape charges.

This report will be updated as information becomes available.

© 2005 MSNBC Interactive




KevinNU7 03-11-2005 09:34 AM

Quote:

Originally Posted by SkyDog
This IS Georgia, now isn't it?

I'll assume that means yes, I am a typical New Englander and don't know to much about most Southern States.

Anyways, I hope he burns

ISiddiqui 03-11-2005 09:38 AM

Quote:

Originally Posted by Ksyrup
I hope this guy doesn't own Grand Theft Auto, or Jack Thompson is going to have a field day with this.


It doesn't matter if he does or doesn't, all the reports of carjacking will make GTA come up for debate. Dumb people...

Well, I asked off for work today and its a good thing. The Federal Center is like a few blocks from the Federal Courthouse.

Ben E Lou 03-11-2005 09:43 AM

One deputy shot in head, another shot in chest. Another judge referred to "the deputy who is still alive" to a reporter. That doesn't sound good. :(

KWhit 03-11-2005 09:45 AM

I hate people sometimes.

cartman 03-11-2005 09:48 AM

Quote:

Originally Posted by SkyDog
MSNBC Article has a little more info...

Police identified the suspect as a Brian Nichols


Ummm... HeavyReign lives in Washington, right?

dacman 03-11-2005 09:50 AM

Quote:

Originally Posted by cartman
Ummm... HeavyReign lives in Washington, right?

I KNEW that name sounded familiar!

flere-imsaho 03-11-2005 09:51 AM

Before the gun control nuts (yep, that's me) go nuts, from CNN:

Quote:

A defendant stole a weapon from a deputy and shot and killed Fulton County Superior Court Judge Rowland W. Barnes at an Atlanta courthouse today, officials told CNN. TV reports said a court reporter and two deputies may also have been shot. Officials said police were seeking a suspect identified as Bryan Nichols in downtown Atlanta.

If this is confirmed, I'm just :rolleyes:

Also, if this is confirmed, there's no relation to the Chicago incident - it's just the opportunism of a psycho.

Ben E Lou 03-11-2005 09:54 AM

My goodness. They're now thinking that he's gotten into a *fifth* vehicle.

HomerJSimpson 03-11-2005 09:58 AM

Quote:

Originally Posted by ISiddiqui
It doesn't matter if he does or doesn't, all the reports of carjacking will make GTA come up for debate. Dumb people...

Well, I asked off for work today and its a good thing. The Federal Center is like a few blocks from the Federal Courthouse.



This guy sounds like he is in GTA. And it is working for him, too. They were reporting he is in a green 1999 Toyota Accord, but now they are saying he is in a green Izuzu Trooper.

flere-imsaho 03-11-2005 09:58 AM

Faith in Georgia Law Enforcement declining....

Noop 03-11-2005 10:00 AM

Crazy...

Ksyrup 03-11-2005 10:00 AM

Quote:

Originally Posted by flere-imsaho
Also, if this is confirmed, there's no relation to the Chicago incident - it's just the opportunism of a psycho.


I don't know. It's the idea of violence against a Judge and those associated with the judicial system

The guy in Chicago, at least from what I've read of portions of the suicide note he left, intended to kill the Judge. He broke in at 8 in the morning, when she was already gone, and the husband and mother found him the basement, so he killed both of them. Then he hung around until 1:15, when he decided that "killing wasn't so much fun" (or something along those lines), and he took off.

This is obviously a bit more brazen, but it's similar. Of course, this guy has the added element of attempting to flee a potential incarceration, but still, he can't really think he's going to get away. I bet this was about making a statement first, getting away second. Otherwise, there's no need to kill the Judge when you can escape. The Judge is in the least likely position to stop someone from exiting a courtroom.

Ben E Lou 03-11-2005 10:05 AM

Quote:

Originally Posted by Ksyrup
This is obviously a bit more brazen, but it's similar. Of course, this guy has the added element of attempting to flee a potential incarceration, but still, he can't really think he's going to get away. I bet this was about making a statement first, getting away second. Otherwise, there's no need to kill the Judge when you can escape. The Judge is in the least likely position to stop someone from exiting a courtroom.

That's an excellent point, one that I haven't thought about. The thing that stuns me is that this guy did this on the sixth floor of a courthouse at 9 in the morning and was able to get out of there. I've been on a jury in DeKalb County, so I can say first-hand how many armed law enforcement officers are in there at that time of day. It is *very* busy. I would imagine Fulton's is even busier than DeKalb's.

flere-imsaho 03-11-2005 10:07 AM

Ksyrup: Good points. I guess it just didn't seem as "premeditated" as the Chicago incident was.

Ksyrup 03-11-2005 10:15 AM

It definitely wasn't as premeditated - the guy in Chicago lost a civil suit and had been stewing about it for months (and the case in general for years), I think. This was definitely something that couldn't have occurred without the opportunity, but I'm betting he noticed a pattern in the manner in which law enforcement acted in the courtroom and figured he might be able to do something. Maybe he figured he wouldn't even get out of the courtroom alive, but wanted to take the Judge down with him. I bet he was as surprised as anyone to be out on the street, which is probably why he's panicking and stealing every other car on the road. He probably figured he'd either be stopped or dead by now.

Ben E Lou 03-11-2005 10:31 AM

AP is now reporting that one sheriff's deputy is dead.

Huckleberry 03-11-2005 10:34 AM

Quote:

Originally Posted by CNN.com
Renee Rockwell, a defense attorney, said she was on her way to the courtroom immediately following the shooting, when a deputy grabbed her and pulled her into an elevator. "While we were in the elevator, one of the female deputies started crying and said, 'The defendant took the deputy's gun and held the courtroom hostage and shot the judge.'


Somebody explain to me why this does not say that multiple deputies were hiding in an elevator while the man escaped.

Ksyrup 03-11-2005 10:44 AM

CNN has an article (dated, beccause it still discusses the possible white supremacist ties to the Chicago case) on Judge killings. Perhaps I've been living on the moon for the past 20 years, but I had absolutely no idea about this:

1979

U.S. District Judge John Wood was slain by a sniper outside his home in San Antonio. The killer was hired because defendants in a Colombian drug-smuggling case before the judge believed he would impose a maximum sentence on them. Charles Harrelson, the father of actor Woody Harrelson, was convicted and sentenced to two life terms in the first assassination of a federal judge in the 20th century.

Ben E Lou 03-11-2005 10:45 AM

Quote:

Originally Posted by Huckleberry
Somebody explain to me why this does not say that multiple deputies were hiding in an elevator while the man escaped.

Well, from that account, it is unclear whether or not those particular deputies were armed, how "immediately" after the shooting this took place, and whether or not they were going *down* the elevator to search on the street.

Ben E Lou 03-11-2005 10:48 AM

Suspect vehicle may have been found abandoned at an apartment complex.

bbor 03-11-2005 10:49 AM

Horrible.....and senseless.

VPI97 03-11-2005 10:57 AM

I just found out that I knew this guy.

He worked downstairs as a UNIX admin and I had also talked to him a few times outside of the office at a party.

KWhit 03-11-2005 10:57 AM

They have now locked down all the schools in the area, so this guy can't get in one and take hostages.

Huckleberry 03-11-2005 10:58 AM

Quote:

Originally Posted by SkyDog
Well, from that account, it is unclear whether or not those particular deputies were armed, how "immediately" after the shooting this took place, and whether or not they were going *down* the elevator to search on the street.


Armed or not I will grant you.

But if they were going down the elevator to attempt to apprehend the suspect, why exactly would they be pulling a citizen into the elevator?

The unarmed explanation is the only valid one I can see as of now.

Ksyrup 03-11-2005 10:58 AM

Quote:

Originally Posted by JeeberD
I thought his dad was in jail on drug charges...I had no idea he murdered a judge.

This whole situation is terrible. Hopefully they catch the bastard and fry his ass...


Apparently he "ordered" the hit, I don't think he actually committed the crime.

KWhit 03-11-2005 10:59 AM

They are reporting on TV that they think they may have the suspect surrounded in a location and are about to move in.

They are being very vague in the report so as not to tip him off, but evidently, the police believe they know where he is.

JeeberD 03-11-2005 10:59 AM

Quote:

Originally Posted by Ksyrup
CNN has an article (dated, beccause it still discusses the possible white supremacist ties to the Chicago case) on Judge killings. Perhaps I've been living on the moon for the past 20 years, but I had absolutely no idea about this:

1979

U.S. District Judge John Wood was slain by a sniper outside his home in San Antonio. The killer was hired because defendants in a Colombian drug-smuggling case before the judge believed he would impose a maximum sentence on them. Charles Harrelson, the father of actor Woody Harrelson, was convicted and sentenced to two life terms in the first assassination of a federal judge in the 20th century.



I thought his dad was in jail on drug charges...I had no idea he murdered a judge.

This whole situation is terrible. Hopefully they catch the bastard and fry his ass...

cartman 03-11-2005 11:07 AM

Quote:

Originally Posted by Ksyrup
Apparently he "ordered" the hit, I don't think he actually committed the crime.


Other way around. Judge Wood was known as someone who had no mercy in sentencing convicted drug offenders. There was a big time drug dealer, who after he found out his case was going to be tried by Judge Wood, put out a contract on the judge. Woody's dad evidently took the contract and carried out the hit.

Here's a story on the case: http://www.thebiographychannel.co.uk...phy.php?id=925

Ben E Lou 03-11-2005 11:19 AM

Quote:

Originally Posted by VPI97
I just found out that I knew this guy.

He worked downstairs as a UNIX admin and I had also talked to him a few times outside of the office at a party.

He apparently lives in the area near your office, too.

VPI97 03-11-2005 11:22 AM

Quote:

Originally Posted by SkyDog
He apparently lives in the area near your office, too.


He lives in an apt. complex off Roswell Rd & 285...you can see it from the interstate. We initially met him because he lives next to one of my wife's very good friends. We were at one of their parties when I met him...we started talking about IT stuff and found that I work just one floor up from him. Seemed like a nice guy at the time.

Pyser 03-11-2005 11:28 AM

Quote:

Originally Posted by JeeberD
I thought his dad was in jail on drug charges...I had no idea he murdered a judge.

This whole situation is terrible. Hopefully they catch the bastard and fry his ass...


makes the his doing 'natural born killers' pretty surreal, doesnt it? especially since there was a deleted scene where he murdered people while on trial, in the courthouse.

and no offense meant at all to atlanta people, but it sure seems like you guys have been posting a lot of terrible news recently.

JeeberD 03-11-2005 11:35 AM

Deputy who had her gun taken from her was shot through the mouth, but she just got out of surgery and is alive...

Ben E Lou 03-11-2005 11:51 AM

AJC reporter tells story of carjacking
Staff writer Don O'Briant, who was carjacked Friday morning, told this story while he was in the emergency room at Atlanta Medical Center getting stiches above his left eye, about 90 minutes after the carjacking happened.



Don O'Briant


I had just parked my car in the parking lot behind the Chinese restarurant at the corner of Spring Street and Marietta Street and was going to work, a little after 9 a.m.

This person pulled in beside me, and I noticed that he had pulled into a handicapped spot. He was a young, athletic looking black man, and he didn't have a shirt on, but I figured he was probably in town for the basketball tournament.

First he asked how to get to Lenox Square.

Then he pulled a gun and said "Give me your keys or I'll kill you!"

I gave him the keys, and then he said "Get in the trunk."

I said no. I thought maybe I was going to be killed, but I wasn't going to get in the trunk.

I turned to run, and that's when he hit me in the head with his gun. I fell down, and I got up and ran into a garbage bin. I got up again and ran.

I scrambled into the street, waiting for the shots to come, but they didn't come.

He must have been out of bullets, because he didn't shoot me.

I couldn't see, because blood was coming out all over my eye. I went to the Chinese restaurant and banged on the door, but there was no one there, so I started out into Marietta Street, and that's when I ran into co-worker Drew Jubera.

VPI97 03-11-2005 11:51 AM

Quote:

Originally Posted by SkyDog
I couldn't see, because blood was coming out all over my eye. I went to the Chinese restaurant and banged on the door, but there was no one there, so I started out into Marietta Street, and that's when I ran into co-worker Drew Jubera.

Jeez, I feel I know this story backwards and forwards...I used to eat lunch at that Chinese place on Marietta and Spring about twice a week when I worked for the railroad.

KevinNU7 03-11-2005 12:00 PM

"Get in the trunk"

Holy shit! That is scare!

KevinNU7 03-11-2005 12:00 PM

"Get in the trunk"

Holy shit! That is scary!

oliegirl 03-11-2005 12:07 PM

They currently have 36 schools in "lockdown", 4 within the city limits, all others in the metro area(s) where the suspect has been spotted or has hijacked cars...they are encouraging parents to NOT go check their children out of school because of the obvious traffic problems it could cause...but if my kid was in one of those schools - nothing could keep me from going and getting him.

flere-imsaho 03-11-2005 12:11 PM

When I first read this, I thought to myself "Who is this guy trying to kid? How far does he think he's going to get?"

oliegirl 03-11-2005 12:16 PM

Quote:

Originally Posted by Ksyrup
Any info about the suspect - was he on trial, a spectator, etc.?


According to the radio (750 am), this Judge was in the old courthouse, they do not have holding cells adjacent to the courtrooms like the new courthouse does. As a result, the suspect was being held in a jury room off the courtroom...this is where he gained control of the Deputy's gun, shot her, then went into the courtroom and shot the Judge.

Something tells me they will either renovate the old courthouse to include holding cells, or move all criminal cases into the new courthouse to prevent anything like this happening in the future.

Very sad story.

Franklinnoble 03-11-2005 12:19 PM

Call me a chauvinist pig, but there's no way a FEMALE officer should have been guarding a male prisoner. Especially one on trial for RAPE.

Fucking stupid.

oliegirl 03-11-2005 12:30 PM

Quote:

Originally Posted by Franklinnoble
Call me a chauvinist pig, but there's no way a FEMALE officer should have been guarding a male prisoner. Especially one on trial for RAPE.

Fucking stupid.



You are a chauvinist pig.

CraigSca 03-11-2005 12:37 PM

I don't know anything about the deputy, but I would hope there is a certain level of physical fitness one must possess in order to have a job like this. I would also hope they wouldn't "dumb down" this level in order to include all sexes - sometimes people just aren't qualified to hold certain dangerous jobs - that's just the way it is.

Solecismic 03-11-2005 12:43 PM

Chalk this one up to political correctness run amock.

Nichols was in street clothes and unshackled. Just because that might prejudice a jury. Why can't the judge just say at the beginning of the trial that he's shackled because of the severity of the accusation?

I'm all for guaranteeing a fair trial. But today, it seems that to be considered "fair", it must be mistake-free and prejudiced in favor of the defendant.

I don't know about not having a woman guarding a dangerous male criminal. I wouldn't go that far. But if it turns out she's inexperienced and was the only one in the room with a gun, I'd say the courts were guilty of believing their own politically correct definitions. A man accused of what Brian Nichols was accused of must be considered dangerous.

(just to make it clear, I'm not referring to race in any way - political correctness in this case means assuming all criminals or all criminal defendants are just like the rest of us without any history of violence - even if that's just an accusation).

albionmoonlight 03-11-2005 12:47 PM

Quote:

Originally Posted by Solecismic

Nichols was in street clothes and unshackled. Just because that might prejudice a jury.


I'm probably as defendant-friendly a non-criminal as there is on this board, but even I am shocked by this if it is true.

If a guy is dangerous enough that you need an armed deputy to guard him, then he is dangerous enough to handcuff. I agree that a curative instruction to the jury ("Everyone accused of a violent crime is required to be handcuffed; do not read anything into the appearance of this defendant.") would have been enough.

CamEdwards 03-11-2005 12:56 PM

got a link for that information, Jim? I agree, that's just PC stupidity if it's true.

Ksyrup 03-11-2005 12:59 PM

It's in the MSNBC article, which also contains this:


James Bailey, a juror at Nichols’ trial, said the jury was not in the courtroom at the time of the shooting.


Now, even if you give them the benefit of the doubt regarding the prejudicial effect of the defendant being in handcuffs, if the jury wasn't in the courtroom as he was being escorted, why was he not in handcuffs? I have to believe he'd have a much more difficult time pulling something like this at the defendant's table, even if unshackled at that point, then being unshackled while being escorted into the courtroom. If the jury ain't in the room, there's no prejudice!!!

CamEdwards 03-11-2005 01:01 PM

ummmm... I'd rather not :) but thank you!

Huckleberry 03-11-2005 01:02 PM

Cam -

http://www.wsbtv.com/news/4275867/detail.html

Quote:

Eric Friedly, a spokesman for the Fulton district attorney's office, told the Atlanta Journal-Constitution that the Nichols had been released on bond and was going to be cross-examined in court. Friedly told the newspaper that the judge was wrapping up a civil proceeding before his second criminal trial resumed. Nichols was not cuffed, which Friedly said is not unusual.


"Even if the defendant is in jail at the time of the trial, he's allowed to wear street clothes in order to not prejudice the jury," Friedly told the newspaper.


Nichols was accused of going to his ex-girlfriend's apartment in North Fulton and holding her hostage for hours during which he repeatedly sexually assaulted her.

Be sure to credit "Huck the Magnificent" if you use it on the air. ;)

CraigSca 03-11-2005 01:07 PM

How is this labeled as political correctness? This is just stupidity.

God forbid you handcuff a guy up for kidnapping and rape.

BigJohn&TheLions 03-11-2005 01:12 PM

I have always thought that a defendant should be required to wear the clothing they were wearing when arrested. I love how they try to make thugs look like choir boys during trial.

As for this guy... any chance he was innocent of the rape? Just kidding. How stupid do you have to be... Post bond and you're free to go. No thank you, I'll just kill a few people and then leave. Maybe when they catch him they'll allow him free unshackled roam of the courthouse during his trial. I'd love to hear the defense's "not guilty" arguement...

Thomkal 03-11-2005 01:16 PM

Man, not a good time for me to be reporting for jury duty for the first time ever at the end of the month. What a horrible experience this must have been for anyone in the courthouse.

Ksyrup 03-11-2005 01:18 PM

Quote:

Originally Posted by BigJohn&TheLions
I have always thought that a defendant should be required to wear the clothing they were wearing when arrested. I love how they try to make thugs look like choir boys during trial.

As for this guy... any chance he was innocent of the rape? Just kidding. How stupid do you have to be... Post bond and you're free to go. No thank you, I'll just kill a few people and then leave. Maybe when they catch him they'll allow him free unshackled roam of the courthouse during his trial. I'd love to hear the defense's "not guilty" arguement...


This was the actual trial, not first appearance or something like that. And this was the second trial actually, the first one ended in a mistrial (anyone have the details on that?). So he was sitting in jail the whole time. He was either denied bail or couldn't make it.

Franklinnoble 03-11-2005 01:27 PM

Quote:

Originally Posted by oliegirl
You are a chauvinist pig.


Just callin' it like I see it. Men are, by nature, stronger than women. Especially a man who has already demonstrated a likelihood that he was able to forcibly rape a woman. To leave such a person alone in a room, unrestrained, with only a female officer guarding him, is the height of irresponsible stupidity.

bbor 03-11-2005 01:31 PM

Update?

They catch him?

Ksyrup 03-11-2005 01:32 PM

Although I don't do criminal law AT ALL, I wanted to address the idea expressed above that unshackling a defendant for trial is either a result of political correctness or just plain stupid. Where required, it may be prudent and/or necessary. But this is hardly a new thing, and the law is pretty well-settled on the general issue (this is taken from a Washington Supreme Court opinion I found on the issue):

A criminal defendant has the constitutional right to appear at trial free
from shackles or other physical restraints, except in extraordinary
circumstances. Illinois v. Allen, 397 U.S. 337, 344, 90 S. Ct. 1057, 25 L.
Ed. 2d 353 (1970); Rhoden v. Rowland, 172 F.3d 633, 636 (9th Cir. 1999);
Finch, 137 Wn.2d at 842. This right is an essential component of a fair
and impartial criminal trial, guaranteed by the sixth and fourteenth
amendments to the United States Constitution and article I, section 3, and
article I, section 22 of the Washington State Constitution. Finch, 137
Wn.2d at 843. The Supreme Court has clearly stated "one accused of a crime
is entitled to have his guilt or innocence determined solely on the basis
of the evidence introduced at trial, and not on grounds of official
suspicion, indictment, continued custody, or other circumstances not
adduced as proof at trial." Taylor v. Kentucky, 436 U.S. 478, 485, 98 S.
Ct. 1930, 56 L. Ed. 2d 468 (1978).

Requiring a defendant to appear at trial in physical restraints poses a
substantial risk of destroying the defendant's presumption of innocence,
"`a basic component of a fair trial under our system of criminal justice.'"
Finch, 137 Wn.2d at 844 (quoting Estelle v. Williams, 425 U.S. 501, 503, 96
S. Ct. 1691, 48 L. Ed. 2d 126 (1976)). Shackles unmistakably indicate the
court believes there is a "need to separate a defendant from the community
at large, creating an inherent danger that the jury may form the impression
that the defendant is dangerous or untrustworthy." Rhoden, 172 F.3d at 636
(citing Holbrook v. Flynn, 475 U.S. 560, 568-69, 106 S. Ct. 1340, 89 L. Ed.
2d 525 (1986)).


While the specific application of these general tenets likely differs from state-to-state and circuity-to-circuit, and there are exceptions to every rule, the basic issue is one of ensuring our Constitutional right to a fair trial. Perhaps the method by which this was achieved in Atlanta was faulty, but this isn't the result of "PC gone amok" or sheer stupidity. These issues were decided at the US Supreme Court level, decades ago.

Ksyrup 03-11-2005 01:36 PM

A little more on the shackling issue:


In Allen v. Illinois, 397 U.S. 337, 344 (1970), the Court recognized two additional "inherent disadvantages" to shackling a defendant at trial: physical restraints may not only cause jury prejudice and impair the presumption of innocence, they may also detract from the dignity and decorum of the proceeding and impede the defendant's ability to communicate with his counsel. Id. "The lower courts have observed two further weaknesses in imposing physical restraints: they may confuse and embarrass the defendant, thereby impairing his mental faculties; and they may cause him pain." Spain v. Rushen, 883 F.2d 712, 720-21 (9th Cir. 1989) (citing cases from other circuits), cert. denied, 495 U.S. 948 (1990).

With the exception of the presumption of innocence, these "inherent limitations" of shackling continue into the penalty stage of a trial. Because "there seems to be no reason to restrict the[se] principles to the guilt-innocence stage of trial," we conclude the constitutional rules regarding shackling at trial apply equally in the sentencing context. Elledge v. Dugger, 823 F.2d at 1451.

.....


The right to appear before a jury free of shackles, however, is not absolute. Wilson v. McCarthy, 770 F.2d 1482, 1484-85 (9th Cir. 1985). Shackling is inherently prejudicial, but it is not per se unconstitutional. See Spain v. Rushen, 883 F.2d at 716. Under certain circumstances, "shackling . . . may be appropriate because of the public's competing interest in courtroom security and the just administration of law." Id. at 722 (citing Allen v. Illinois, 397 U.S. at 344). Because of the potential for prejudice, however, due process requires that shackles be used only as a "last resort." Illinois v. Allen, 397 U.S. at 344.

It is a denial of due process if a trial court orders a defendant shackled without first engaging in a two-step process. Castillo v. Stainer, 983 F.2d 145, 147-48 (9th Cir. 1992), as amended by, 997 F.2d 669 (9th Cir. 1993). "First, the court must be persuaded by compelling circumstances 'that some measure [is] needed to maintain security of the courtroom.' " Jones v. Meyer, 899 F.2d 883, 885 (9th Cir.) (quoting Spain v. Rushen, 883 F.2d at 720), cert. denied, 498 U.S. 832 (1990). "Second, the court must 'pursue less restrictive alternatives before imposing physical restraints.' " Id. (quoting Spain, 883 F.2d at 721). See also United States v. Baker, 10 F.3d 1374, 1401 (9th Cir. 1993).

JeeberD 03-11-2005 01:36 PM

Nope, still on the run. If you have CNN up there tune in. Nothin but this story all day long...

Ben E Lou 03-11-2005 01:44 PM

He's still on the run. At one point, it looked like they had him cornered (in the general area of the offices of VPI97, Buzzee, and SWMBO), but it appears that he wasn't in that area after all.

albionmoonlight 03-11-2005 01:45 PM

Quote:

Originally Posted by Ksyrup
A little more on the shackling issue:


In Allen v. Illinois, 397 U.S. 337, 344 (1970), the Court recognized two additional "inherent disadvantages" to shackling a defendant at trial: physical restraints may not only cause jury prejudice and impair the presumption of innocence, they may also detract from the dignity and decorum of the proceeding and impede the defendant's ability to communicate with his counsel. Id. "The lower courts have observed two further weaknesses in imposing physical restraints: they may confuse and embarrass the defendant, thereby impairing his mental faculties; and they may cause him pain." Spain v. Rushen, 883 F.2d 712, 720-21 (9th Cir. 1989) (citing cases from other circuits), cert. denied, 495 U.S. 948 (1990).

With the exception of the presumption of innocence, these "inherent limitations" of shackling continue into the penalty stage of a trial. Because "there seems to be no reason to restrict the[se] principles to the guilt-innocence stage of trial," we conclude the constitutional rules regarding shackling at trial apply equally in the sentencing context. Elledge v. Dugger, 823 F.2d at 1451.

.....


The right to appear before a jury free of shackles, however, is not absolute. Wilson v. McCarthy, 770 F.2d 1482, 1484-85 (9th Cir. 1985). Shackling is inherently prejudicial, but it is not per se unconstitutional. See Spain v. Rushen, 883 F.2d at 716. Under certain circumstances, "shackling . . . may be appropriate because of the public's competing interest in courtroom security and the just administration of law." Id. at 722 (citing Allen v. Illinois, 397 U.S. at 344). Because of the potential for prejudice, however, due process requires that shackles be used only as a "last resort." Illinois v. Allen, 397 U.S. at 344.

It is a denial of due process if a trial court orders a defendant shackled without first engaging in a two-step process. Castillo v. Stainer, 983 F.2d 145, 147-48 (9th Cir. 1992), as amended by, 997 F.2d 669 (9th Cir. 1993). "First, the court must be persuaded by compelling circumstances 'that some measure [is] needed to maintain security of the courtroom.' " Jones v. Meyer, 899 F.2d 883, 885 (9th Cir.) (quoting Spain v. Rushen, 883 F.2d at 720), cert. denied, 498 U.S. 832 (1990). "Second, the court must 'pursue less restrictive alternatives before imposing physical restraints.' " Id. (quoting Spain, 883 F.2d at 721). See also United States v. Baker, 10 F.3d 1374, 1401 (9th Cir. 1993).


KSyrup--

Much thanks for the links. I had no idea the law was this developed in this area.

digamma 03-11-2005 01:45 PM

Quote:

Originally Posted by CamEdwards
got a link for that information, Jim? I agree, that's just PC stupidity if it's true.


The article by Huckleberry touches on the issue, but it has actually been decided by the Supreme Court, and I don't think the case is all that recent--so I don't think it is a case of PC'ism run amok.

Nevermind, I see Ksyrup has beaten me to the punch.

Ksyrup 03-11-2005 01:45 PM

Quote:

Originally Posted by albionmoonlight
KSyrup--

Much thanks for the links. I had no idea the law was this developed in this area.


No problem. I may be stupid about a lot of things, but when it comes to the law, I know...google. :D

rkmsuf 03-11-2005 01:50 PM

Quote:

Originally Posted by Ksyrup
I know...google. :D


And shackling!

Ksyrup 03-11-2005 01:50 PM

Quote:

Originally Posted by rkmsuf
And shackling!


Both are equally handy.

rkmsuf 03-11-2005 01:52 PM

Quote:

Originally Posted by Ksyrup
Both are equally handy.


Throw in sheep and you've got something special there.

Solecismic 03-11-2005 01:53 PM

I should amend that, then.

They were lulled into a fatal slumber by the Supreme Court's politically correct definitions.

Ben E Lou 03-11-2005 01:55 PM

A law enforcement official (wasn't really paying attention to radio in background when this interview started) is being interviewed on the radio. He was just asked if anyone else was guarding the suspect. He said he didn't know, that the female deputy was still sedated and they haven't interviewed her yet. Then he was asked if any other deputies had come forward to say they were in the holding room. He said something to the effect of: "To my knowledge, no other deputies have indicated that they were in the room."'


EDIT: It is a news conference with the Deputy Chief Of Police for the City of Atlanta.

Ben E Lou 03-11-2005 02:09 PM

The APD Deputy Chief just said that the female deputy was not shot, but was injured in the scuffle with the suspect. I'd say the fact that she's in critical condition from the scuffle is a pretty likely indicator that she was in the room alone with him.

Ben E Lou 03-11-2005 02:14 PM

It was just called by police "an around-the-clock, nation-wide search" for Nichols.

Nation-wide??? We need to get Tommy Lee Jones on the case to tell us how long our fugitive has been on the run...

Ben E Lou 03-11-2005 02:17 PM

Ok. This can NOT be true. PLEASE tell me this isn't true.


Reporters are saying that this guy tried to smuggle a shank into the courtroom just two days ago.

vtbub 03-11-2005 02:26 PM

Quote:

Originally Posted by SkyDog
Ok. This can NOT be true. PLEASE tell me this isn't true.


Reporters are saying that this guy tried to smuggle a shank into the courtroom just two days ago.



Fox is reporting this now, and I heard this earlier.

HomerJSimpson 03-11-2005 02:30 PM

Quote:

Originally Posted by SkyDog
Ok. This can NOT be true. PLEASE tell me this isn't true.


Reporters are saying that this guy tried to smuggle a shank into the courtroom just two days ago.



It is quite possible they are confusing two different defendants. I have heard others close to the case say they had no indication the guy was a threat.

VPI97 03-11-2005 02:33 PM

Quote:

Originally Posted by Subby
How the fuck are you going to smuggle a freaking SHARK into a freaking courtroom???

large rectum

Subby 03-11-2005 02:35 PM

How the fuck are you going to smuggle a freaking SHARK into a freaking courtroom???

cuervo72 03-11-2005 02:40 PM

It was just a dolphin.

(shank? don't completely follow here...I hear 'shank' and I think of a cut of pork or something.)

moriarty 03-11-2005 02:45 PM

Quote:

Originally Posted by cuervo72
(shank? don't completely follow here...I hear 'shank' and I think of a cut of pork or something.)


Maybe like a shiv .. isnt' that what they use in all those prison shows?

Ben E Lou 03-11-2005 02:46 PM

Quote:

Originally Posted by cuervo72
It was just a dolphin.

(shank? don't completely follow here...I hear 'shank' and I think of a cut of pork or something.)

shank
(n) A custom made knife as used in prisons, made from whatever materials are available.

cuervo72 03-11-2005 03:01 PM

Got it...need to bone up on my prison terminology.

cuervo72 03-11-2005 03:02 PM

Dola - I did look it up, but didn't find that definition.

http://www.answers.com/shank&r=67

Ben E Lou 03-11-2005 03:12 PM

Quote:

Originally Posted by cuervo72
Got it...need to bone up on my prison terminology.

They're referring to it that way on the news here, actually. Of course, they use the term "crackhead," in this town, too. :p

bbor 03-11-2005 03:18 PM

It pains me to say this......but if they havent caught him by now....and he was right in their kitchen...........

Ben E Lou 03-11-2005 03:23 PM

Quote:

Originally Posted by bbor
It pains me to say this......but if they havent caught him by now....and he was right in their kitchen...........

Well, he can't run forever, given the amount of notoriety this case has gotten. However, he's now been on the run for 7+ hours...

cuervo72 03-11-2005 03:27 PM

Quote:

Originally Posted by SkyDog
They're referring to it that way on the news here, actually. Of course, they use the term "crackhead," in this town, too. :p


Damn, I need to revisit my drug lingo as well.

moriarty 03-11-2005 03:28 PM

Quote:

Originally Posted by bbor
It pains me to say this......but if they havent caught him by now....and he was right in their kitchen...........


Well if he was in my kitchen I'd beat him senseless with a lamb shank.

BigJohn&TheLions 03-11-2005 03:32 PM

I hate to see anything like this happen, but wouldn't this have been a much better story if it had been Michael Jackson?

Ben E Lou 03-11-2005 03:33 PM

Police officers have surrounded an apartment in NW Atlanta, according to WSB-Radio.


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