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Nichols sentence may lead to death penalty changes



By GREG BLUESTEIN, AP
13 December 2008 @ 06:16 pm ET

ATLANTA - A jury's inability to condemn courthouse gunman Brian Nichols to death has re-energized efforts by Georgia lawmakers to allow a judge to consider capital punishment even if there's no unanimous verdict, as a growing chorus of officials says it's time to give the policy another look.

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Nichols was sentenced Saturday to life in prison without parole after a jury failed to deliver a unanimous death sentence for the murders of four people. Minutes after the sentencing, Fulton County District Attorney Paul Howard became among the first to call for a revived effort to tweak the death penalty rules.

"There should be some consideration of non-unanimous verdicts so that the minority of people that don't consider death won't get a chance to decide the outcome," he said at an emotional post-trial news conference.

He and other policymakers say the Nichols case could become a rallying cry for legislation aimed at preventing a "rogue" death penalty opponent on a jury from sabotaging a capital case.

"Without question you'll see that bill come back," said state Rep. David Ralston, who chairs a key House judiciary committee. "People are very concerned whether jurors are being truthful about their feelings about the death penalty, and whether they are really committed to following the law."

Twice in the last two years, the House passed proposals to allow judges to impose a death sentence if one or two jurors vote against it. Both times the plan was defeated in the Senate, where it faced fierce opposition from GOP attorneys who warned it would put life-or-death decisions in the hands of a judge instead of a jury.

Yet some opponents are now saying changes to the death penalty rules are worth another look.

"This case has rocked Georgia's criminal justice system. When you have a case where this much money is spent, this much time, it does beg the question if the system is operating properly," said state Sen. Preston Smith, a Rome Republican who voted against the bill in March. "I think we're going to take a hard look at it."

Smith, who chairs the Senate's judiciary committee, added: "This case has been a poster child for why there needs to be reform in the system."

Georgia law has long required that death sentences can only be returned by unanimous jury verdicts.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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