Atlanta courthouse shooting case back in the news
More drama in the Brian Nichols death penalty case currently pending in Atlanta.
Judge Bodiford recently granted the State's request to have Brian Nichols interviewed by a state doctor. The State requested this examination so that they would be able to present expert testimony to counter the mental illness defense that Nichols' lawyers intend to present at trial
The Atlanta Journal Constitution has the story.
This is not a surprising request, and it is routinely granted in cases where the defendant intends to raise any type of mental illness defense through the use of medical experts. Once the defendant notifies the State of its intent to raise this defense, then the State has the opportunity to have its own expert examine the defendant.
The only thing unusual about this request is the timing. The State has known for a long time that Nichols' defense attorneys intended to raise a mental illness defense.
I was interviewed yesterday on WABE (Atlanta's public radio station) about this development. I was asked why Nichols' defense lawyers would want to prevent the State from having Nichols interviewed by another doctor. Nichols' attorneys, like most criminal defense lawyers, would want to prevent the examination because the request came so late in the process. Nichols' lawyers have also argued that they did not want to subject Nichols to questioning that might incriminate him in the offense.
While these are certainly understandable concerns, Judge Bodiford granted the State's request. He did, however, did put some limitations on the length of the examination.
The trial is still supposed to start this Summer.
