Legal News

New Yorker Quote Leads to Atlanta Judge Recusal

By Ashby Jones

A quote in this week’s New Yorker has caused quite a stir in an Atlanta murder case. The story, written by staffer Jeff Toobin, concerns the high cost of providing a legal defense for Brian Nichols, who is charged with four murders. In the story, the judge presiding over the case, DeKalb County Superior Court Judge Hilton Fuller gives his opinion on why Nichols’s attorneys have turned to the insanity defense for their client: “That’s their only defense,” Fuller is quoted as saying, “because everyone in the world knows he did it.”

Judge Fuller has said he didn’t recall making the statement, but yesterday, in light of the statement, Judge Fuller recused himself from the case. Now, judges from all over the area are being asked to preside over the case. Here’s the story from the AJC.

Nichols, who is charged with the slaying of a judge, court reporter, sheriff’s sergeant and federal agent in 2005, has pleaded not guilty despite evidence that, according to the AJC, includes a three-hour confession and eye witnesses. His attorneys have filed a motion announcing their plans to argue that Nichols suffered from a delusional compulsion that prevented him from controlling his actions.

Law Blog Extra-Credit Reading: While we’ve been big Jeff Toobin fans for a while, we have to admit that we haven’t yet read The Nine (it’s on that guilt-inducing stack on the nightside table). But we hear good things and we can at least vouch for the start of the book, reprinted on Toobin’s Web site, here.

Full post as published by Law Blog - WSJ.com on January 31, 2008 (boomark / email).