Unsatisfactory Excuse Lands Juror in Detention for Duration of Nichols Trial

[WSJ_law_blog]

Speaking of Jeff Toobin, the last time we checked in on the saga of Brian Nichols — whose Atlanta murder trial began today — we noted that Toobin’s New Yorker article about the case had led to the recusal of the judge, Hilton Fuller, who told Toobin that “everyone in the world knows [Nichols] did it.” Nichols is charged with the slaying of a judge, court reporter, sheriff’s sergeant and federal agent.



Judge James Bodiford, Feb. 2, 2004. (AP/Ric Feld)

Today, as the trial opened amid high security, another member of the Nichols trial departed — this time, a juror. Juror #17, reports the AJC, wrote the court that he had strong feelings about Nichols and asked to be excused for “emotional,” “mental” and “dental” reasons (the tooth excuse was not explained). But for Superior Court Judge James Bodiford these weren’t satisfactory excuses.

“It is sort of like being out in the battlefield and deserting — you leave everybody else to do the work,” Bodiford told the juror. “You are a shadow juror. You still have the same rules. . . . You have to wear your juror badge every day.” In other words, Bodiford is requiring the juror to attend the trial — which is expected to last until Christmas, notes the AJC — and merely sit in the audience. Click here for a recent story from our own Nathan Koppel on trying to get out of jury duty.

“There is no such thing as quitting the case,” Bodiford told the jury shortly after swearing them in. “He will be fed lunch just like you will but he is not going to be in the same room.” (One reason Judge Bodiford could be upset: A jury of six black women, two white women, two black men, one white man and one Asian man were empaneled after a nine-week process in which more than 240 prospective jurors were questioned.)

Nichols’ trial is being held at Atlanta Municipal Court, a few blocks from the county courthouse where he escaped his rape trial on March 11, 2005. Prosecutors are seeking the death penalty for the killing of Judge Rowland Barnes, court stenographer Julie Ann Brandau, Fulton deputy Hoyt Keith Teasley and agent David Wilhelm of the federal Drug Enforcement Administration, all of whom were shot during Nichols’ escape while on trial for rape.