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WAPO Should Revisit Atlanta Killings Article

I don't know if this is an example of unconscious bias against the accused or sloppy reporting. The Washington Post has an article today on the Atlanta courthouse killings that is syndicated in several other papers around the country, that claims:

Nichols had been scheduled to testify Friday morning in a retrial on charges that he repeatedly raped his former girlfriend while holding her captive for three days last summer. The judge had asked for extra security because two days earlier Nichols was caught with two handmade weapons in his shoes as he was leaving court. Nichols's first trial, two weeks ago, had ended with the jury deadlocked 8 to 4 in favor of conviction. (emphasis supplied.)

Nichols lawyer, Brian Hazen, has repeatedly said the jury was deadlocked 8 to 4 or 9 to 3 for acquittal. For example, CNN March 12, 2005 Saturday (Transcript available on lexis.com):

HAZEN: Well, the -- what happened in the house between him and the woman that he had the relationship with was largely a swearing contest. He said one thing, she said something else. It really came down to physical evidence and in the first trial, the jury was split heavily his way. The verdict was 8-4 -- or 9-3 for acquittal. So in that case, the jury was not convinced that the physical evidence supported her testimony beyond a reasonable doubt.

The jury foreperson confirms to CNN's Tony Harris, SHOW: CNN BREAKING NEWS 7:00 AM EST, March 12, 2005 Saturday:

The foreperson of that jury told me that they were leaning 9-3 to acquit Nichols in the first trial.

Later in the day, Harris reports on CNN:

The first one began at the end of February, it ended in a hung jury. Here's what's important about this. This is what might be instructive here. This jury thought the prosecution did a horrible job. The court was a terrible job in prosecuting the case against Nichols. And there were a number of jurors who felt all along that Nichols was guilty, but that the state hadn't met its burden...

These crimes are bad enough, it will be tough enough for lawyers to save Nichols' life without distorting the facts. The guy snapped, and the difference between the way the two jury trials progressed may have been a contributing factor. Hazen continued:

So in that case, the jury was not convinced that the physical evidence supported her testimony beyond a reasonable doubt. Now, I'd have to say that the second case was presented in a much more muscular fashion. There was a lot more evidence being presented in the second case. In fact, it was mostly evidence of a corroborative nature. It was not only that these allegations were made, but that there was supporting evidence to corroborate that her allegations may have been the accurate allegation, the truthful ones.

Even if the Washington Post reporter had conflicting information, he should have disclosed the acquittal reports from two participants in the trial, the defense lawyer and the jury foreperson.

One point we take issue with attorney Barry Hazen on (CNN March 12, 2005 Saturday):

HAZEN: I didn't get the sense that he could be violent until Thursday morning, when we were told by Judge Barnes (ph) that Mr. Nichols had secreted two metal objects in his shoe.

HARRIS: But Barry Hazen, who was late to court, says the talk of security was apparently just that.

HAZEN: After Judge Barnes said there would be beefed-up security in the courtroom, and there was one additional female deputy in the courtroom, that was all.

HARRIS: And what about the judge? Was there anything that could have provoked Nichols? Barry Hazen says Nichols is very, very smart. And one more thing.

HAZEN: He's not my client anymore.

Nichols is still Hazen's client on the rape charge until relieved by the Court. As such, he owes Nichols the continued duties of both confidentiality and loyalty.

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    Re: WAPO Should Revisit Atlanta Killings Article (none / 0) (#1)
    by wishful on Sun Mar 13, 2005 at 10:38:33 AM EST
    Can't wait to see the little inconspicuous and un-commented-on by those on the teevee touting this "mistake" correction.

    Re: WAPO Should Revisit Atlanta Killings Article (none / 0) (#2)
    by Talkleft Visitor on Sun Mar 13, 2005 at 10:57:06 AM EST
    third world and a joke.

    Re: WAPO Should Revisit Atlanta Killings Article (none / 0) (#3)
    by Talkleft Visitor on Sun Mar 13, 2005 at 02:13:10 PM EST
    You're right, I've heard all weekend it was 8 - 4 for conviction but I'm an attorney in Buckhead and knew this was erroneous information. For what it's worth, alot of e-mails and phone calls went out to the MSM asking to correct it. The re trial was going very well for the state and they had a great chance for a conviction. Many think this was the impetus for Nichol's crime spree.