Nichols judge recuses himself from contempt hearing

From the Atlanta Journal-Constitution:

The state public defender council on Thursday said it cannot abide by a judge’s order to provide more money to defend accused courthouse killer Brian Nichols while also funding the defense of thousands of other indigent cases statewide.

The council, by unanimously passing a resolution stating its position, put itself on a collision course with a contempt of court hearing that had been scheduled for Monday.

But in another development Thursday, Judge Hilton Fuller said he will recuse himself from that hearing, which means it will be delayed until another judge is found. The recusal does not affect Fuller’s role in presiding over the Nichols trial.

Fuller did not cite a reason, but he could be called as a witness in the contempt hearing because of his discussions with Nichols lawyers and council officials over the funding issue.

It’s the latest snarl in the case of Nichols, charged in the 2005 murders of a judge, a court reporter and two other people when he escaped from custody at the Fulton County courthouse.

Fuller on Monday began jury selection, but disputes over further funding for the defense team immediately slowed the proceedings. On Wednesday Fuller halted jury selection after only a few potential panelists had been questioned.

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