Judge Fuller comments publicly on Brian Nichols' guilt
I don't have a blog category for "I can't believe he said that," but if I did, this would top the list. For reasons that are known only to him, Judge Fuller agreed to be interviewed by The New Yorker Magazine about the Brian Nichols death penalty case currently (indefinitely?) pending in Atlanta, Georgia. Just so I don't get it wrong, here's the quote:
If the case ever gets to trial, the defense will offer an even more contentious argument: that Nichols, who has pled not guilty, acted out of a “delusional compulsion” (a version of the insanity defense allowed under Georgia law). “That’s their only defense, because everyone in the world knows he did it,” Judge Fuller told me.
I'm not saying he's wrong. No sane person doubts Nichols' guilt. But the real question is why in the world would he publicly say this when the case is still pending in his court? Why did he agree to an interview at all? Didn't he put a gag order on everyone involved in the case? Doesn't that also apply to him? I really don't get it. Maybe it's an intentional move to get off the case. But why not simply recuse himself without all the fuss and delay? As much as I would like to explain his comment, or offer some insight, I just don't get it.
The Atlanta Journal Constitution helped spread the news in Atlanta, and included some additional commentary from local criminal defense lawyers in Atlanta. The consensus is that Judge Fuller's comment may violate the judicial cannon of ethics. It will certainly provide fodder to members of the Georgia General Assembly who want to get him off this case. The Assembly is currently in session in Atlanta.
I was also interviewed about Judge Fuller's comment on Atlanta's local National Public Radio affiliate, WABE FM 90.1.
I expect we will soon see another motion to recuse, but I'm not sure who will file it. His comment obviously prejudices the defense, but the D.A. has not been shy about expressing his desire to remove Fuller from this case. Perhaps we'll see a joint motion to recuse, which the judge may reluctantly grant. This may be the only time the prosecutors and defense lawyers actually agree about something in this screwed up case.
