By Bill Rankin
Atlanta Journal-Constitution
ATLANTA — There will be no death penalty for Brian Nichols.
On Tuesday, U.S. Attorney David Nahmias announced he will not seek death against the quadruple murderer, ending a case that began with a bloody rampage four years ago at Georgia’s busiest courthouse.
A “careful and thorough review” by federal prosecutors and FBI agents led them to conclude that a federal prosecution against Nichols was unwarranted, Nahmias said in a statement.
Nichols was sentenced in December to life in prison without parole after a Fulton County jury could not reach a unanimous verdict, deadlocking 9-3 in favor of death.
District Attorney Paul Howard asked Nahmias to pursue capital charges in federal court because Nichols killed U.S. Immigration and Customs Enforcement Special Agent In Charge David Wilhelm.
Howard on Tuesday accepted Nahmias’ decision with “heartfelt gratitude and appreciation” for the Justice Department review.
“The people we lost are so precious and dear that we can never forget them,” Howard said. “Mr. Nahmias’ decision ... represents a measure of closure and another step forward in the ongoing process of healing.”
Henderson Hill, Nichols’ lead attorney, said Nahmias’ decision “honors the work of all 12 Fulton County jurors, and appropriately so. ... With this door closed, I am hopeful that the county and the state will rejoin the march towards ever-greater social justice.”
Nichols’ case cost millions, with the defense fees throttling the state public defender system’s budget, affecting thousands of cases statewide. The jury’s inability to reach a unanimous verdict on Nichols’ sentence also sparked proposed legislation that would allow a judge to sentence a murderer to death if a jury deadlocked, with at least nine jurors having voted for death.
On March 11, 2005, Nichols, on trial for rape, overwhelmed a deputy and burst into a courtroom, killing Fulton Superior Court Judge Rowland Barnes and his court reporter Julie Brandau. While escaping, Nichols shot and killed Hoyt Teasley, another deputy outside the courthouse.
Nichols fled to Buckhead and killed Wilhelm. At the time, the federal agent was off duty, working on his home near Lenox Square mall.
Federal prosecutions of cases already tried in state court are allowed if a “substantially enhanced sentence” can be achieved.
Nichols, Nahmias said, was convicted on 54 counts and received multiple life-without-parole sentences.
If a federal case were mounted, prosecutors would face “significant evidentiary issues” that were not addressed in the state case. If those could be overcome, “a federal jury might well not return a unanimous death sentence, as occurred in the state trial,” Nahmias said.
“In addition, there is considerable value in not disrupting the finality that the state case provided to the many victims, survivors of victims, other witnesses and the community,” he said.
Nahmias called the Fulton County prosecution “skillful and aggressive” and noted it achieved a “commendable and severe result.”
The U.S. attorney said its decision could be reconsidered if Nichols challenges his state sentence or if his security situation changes.
Copyright 2009 Atlanta Journal-Constitution