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Judge Selected For Nichols’ Trial

I have not written about the shootings at the Atlanta Courthouse. I knew two of the deceased and I did not feel like commenting. Now that some time has passed, it is easier to approach the subject.

The AJC reports that Dekalb County Senior Judge Hilton Fuller has been selected to preside over the trial of accused murderer Brian Nichols. The choice of Judge Fuller is getting rave reviews:

"That's a very good choice," said attorney J. Tom Morgan, former DeKalb County district attorney. "I'm not sure he's ever been reversed. He'll make sure both the prosecutors and the defense stay in line."

Attorneys describe Fuller, 64, as serious, knowledgeable and slow to anger.
"He, like Rowland Barnes, is universally loved — never treated anyone bad, ever," said veteran defense attorney Don Samuel.

"He ranks on everybody's list among the best judges in the state of Georgia," said Samuel…

Don Samuel, a prominent criminal defense attorney, and a former District Attorney like Tom Morgan both think Judge Fuller is a good choice. I agree.

I have two kinds of experience with Judge Fuller. I have appeared before him as a lawyer in civil cases and I served on a jury in a criminal trial before him.

I always found Judge Fuller to be polite, fair, and open minded. He does not permit any nonsense from lawyers or witnessess but he gives lawyers enough freedom to effectively try the case. If anyone wants to turn the Nichols trial into a circus, they will be very disappointed.

The only complaint I have heard about Judge Fuller is that sometimes he has been slow to rule on motions in routine civil cases. I suspect that such he found such cases boring, particularly later in his career.

Fuller will try the Nichols case in Fulton County rather than in his own courtroom in Dekalb County. That is necessary but it is a shame. Judge Fuller’s courtroom is the best place to try a case in the entire state. Not only is the room itself large with high ceilings, plenty of space for lawyers and exhibits, and ample spectator seating, but Judge Fuller is a leader in using technology to make trials more efficient.

His courtroom has a small screen by the seat of each juror. A lawyer can place any ordinary document or photograph on a device and an image of the document will appear on each juror’s screen. The witness can use a pen as a “telestrator” (think of John Madden on Monday Night Football) to point out and mark sections of the document. Everyone can see an exhibit at the same time. Everyone can see the portion of the document the witness is discussing at the same time. It makes the trial easier, more efficient, and more effective.

Judge Fuller is an experienced, capable judge. He will be scrupulously fair. With Judge Fuller in charge, the trial will not be either a circus or a lynching. There may be a media spectacle outside the courtroom, but Judge Fuller will make sure that inside the courtroom, there is a trial.

With emotions running high around here, he is a great choice.

Posted by Dwight Meredith at March 27, 2005 10:46 AM | TrackBack