Judge rejects delay appeal in Nichols case

Sept. 22, 2008 at 12:27 PM
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ATLANTA, Sept. 22 (UPI) -- The long-delayed trial of homicide suspect Brian Nichols in Atlanta will not be delayed despite a request from the defense, a judge ruled Monday.

Superior Judge James Bodiford said while defense lawyer Josh Moore wanted a continuance to further prepare for the homicide trial, the case would go forward as planned more than three years after Nichols allegedly killed four people in a courthouse rampage, The Atlanta Journal-Constitution said.

"It is no surprise to the lawyers and to any observers that I am denying the continuance," Bodiford said in Atlanta Municipal Court. "There has got to be a deadline ... and we have reached our deadline."

The 36-year-old suspect is accused of fatally shooting four people, including Judge Rowland Barnes and David Wilhelm, a federal Drug Enforcement Administration agent, during a March 2005 escape attempt from a Fulton County courthouse.

Nichols, who tried to escape while facing rape charges in the courthouse, has pleaded innocent by reason of insanity to the shootings.

The Journal-Constitution said Moore wanted to continuance in the homicide case, which also involves the deaths of court stenographer Julie Ann Brandau and Deputy Hoyt Keith Teasley, to review additional potential evidence.

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