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5 years after Ga. rampage, courthouses aren’t safer

Anger followed Nichols’ spree, but many security plans still aren’t in play

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In a Friday, March 11, 2005 file photo, law enforcement and courthouse personnel gather outside the Fulton County courthouse in Atlanta after Judge Rowland Barnes was shot and killed in the courthouse and several others were injured.

AP Photo

By Rhonda Cook
Atlanta Journal-Constitution

ATLANTA — Five years ago, after Brian Nichols shot up the Fulton County Courthouse and killed three people there, authorities vowed to aggressively address security shortcomings.

Committees were formed. Meetings were held. And money was spent, at first.

“It’s certainly safer, but could it be better? Yeah,” U.S. Marshal Richard Mecum told The Atlanta Journal-Constitution. He headed a commission on courthouse security set up weeks after Nichols murdered four people --- three of them at the courthouse --- on March 11, 2005.

Mecum said funding is needed and there is still much to overcome in changing attitudes and practices of the people who work there.

Lt. Col. Jimmy Carter, who oversees courthouse security for the Fulton sheriff’s office, said there is no money now to make many improvements while the agency, like the rest of county government, is short-staffed and stretched.

Another thing in short supply is the political will that came with the outrage after Nichols severely beat a 52-year-old deputy in a holding cell and used her gun to murder Judge Rowland Barnes, court stenographer Julie Ann Brandau, Deputy Sgt. Hoyt Teasley and, later that day, off-duty federal agent David Wilhelm at his home.

“I’m bothered that we haven’t got the financial support that the citizens of Fulton County deserve, that our deputies deserve,” Carter told the AJC. “There are things that require expenses; those [projects] have not moved ... quickly.”

Carter said he could not explain why the changes weren’t made years ago --- when the shootings were fresh memories and the county’s finances were better --- because another sheriff and administration were in place at that time.

But for almost five years a security plan, which may not necessarily have a cost, was not implemented, the AJC has learned.

Not enough money

State law requires sheriffs in every county to develop a courthouse security plan, but the senior judges for those courthouses must approve them. Judge Cynthia Wright, who chairs the courthouse’s security committee, said a Fulton plan was approved only a couple of months ago.

“Unfortunately, it has not been implemented to its fullest,” she said. “Part of the problem is funding.

“We are concerned there are 80 unfilled positions in the sheriff’s office,” Wright said.

That has meant deputies rotate between posts at the courthouse and the jail, the sheriff’s other responsibility, so the expertise in courthouse procedures is limited.

Also, Wright said, many times there is only one deputy assigned to a courtroom even though “ideally” every judge should have two.

Out of sight to the public is the place that was the first critical failing that Friday morning five years ago --- the tiny control room where deputies watch more than 50 mostly tiny monitors as their images jerk from scene to scene around the courthouse.

The Fulton County Courthouse Commission said it could be improved by simply making physical changes in the control room. At the moment Nichols attacked Deputy Cynthia Hall in a holding cell, there was only one deputy watching the monitors.

Just having a bigger space would allow for a better layout, the commission said. At the very least, a window to a hallway should be obstructed to eliminate distractions coming from outside.

“I’m not happy,” Carter said of the control room and the technology used there.

Wright said the judges are trying to find grants and other funding sources to pay for the control room renovation.

Faulty camera system

At the same time, the recommended cameras and motion sensors were not put in the stairwells, one of which Nichols used to make his escape.

Cameras were installed outside the courthouse, but they are limited and not all are working as they should. Carter told the AJC he is also dissatisfied with the camera systems used in courtrooms in adjoining buildings.

“They aren’t offering us the views we would like,” Carter said.

Staffing problems also mean two of three entrances to the courthouse complex are now closed to the public at 9 a.m., the time when many of those deputies must report to their courtroom posts.

That means for most of the day the public crowds into a long hallway just inside the building’s entrance on Central Avenue to pass through the busy security checkpoint yards away from the escalator and elevators running through the center of the complex.

Mecum said those lines into the Fulton court complex should be kept at a distance, limiting damage inside the building if there is an attack.

The X-ray machines and the magnetometers were to have been moved closer to the door so waiting people could not come inside until they are screened for weapons. They were not, but the sheriff’s office said that change is still planned.

The congestion at that checkpoint also makes it harder to get into the building, Wright said.

“We have limited access to the courthouse, but the courthouse is supposed to be open to all. I feel secure when I come to work. But my fear is for the people who use the courthouse,” such as employees, attorneys and spectators, Wright said.

“It goes back to resources,” she said.

One key factor in the courthouse shootings has been remedied, however. No criminal trials are held in the less-secure courtrooms in the oldest of the three buildings in the complex. Nichols, on trial for rape, was assigned to an eighth-floor courtroom in what is referred to as the “old courthouse.”

Still, the recommendations made in the months after the Nichols shooting are not new; most of the improvements and changes had already been recommended in previous audits.

Reports: Little change

On the day that Nichols attacked the courthouse, the sheriff’s office had two recent audits --- one by the U.S. marshal’s office in late 2002 and early 2003 and one by the Community Safety Institute completed in summer 2003.

After the shooting, the National Center for State Courts issued a report a few months before the Fulton County Courthouse Commission’s assessments.

All of the reports --- before and after the shooting --- had essentially the same findings.

“It really hasn’t changed a lot,” Mecum said of courthouse security. “I’d like to have seen everything on [the 2005 courthouse commission’s recommendation] list done, but it wasn’t.”

Dennis Scheib, a defense attorney who has complained often about security, said he sees no change. In fact, he says, it might be less safe because the county’s money issues have affected staffing.

“It hasn’t changed,” Scheib told the AJC. “They hide the guns [checked by law enforcement officers] and they have a little better security. ... I have been in courtrooms where ... there was only one deputy in the courtroom. I have been there where two or three people go through [and set off] the metal detector and the deputy will check only one of the three.

“The deputies who work there are hardworking, good, good people. There just aren’t enough of them.”

Copyright 2010 Atlanta Journal-Constitution