Story Published:
Nov 20, 2008 at 11:39 AM EST
Story Updated:
Nov 20, 2008 at 11:39 AM EST
ATLANTA (AP) - The judge hearing the case against courthouse gunman Brian Nichols chided prosecutors for mishandling evidence of
a threatening phone call, but he denied a defense motion which urged him to declare the case a mistrial.
The defense attorneys urged the judge Thursday to declare the sentencing phase a mistrial on grounds that they were not provided
a transcript of a call in which Nichols appears to threaten the life of Fulton County District Attorney Paul Howard before the transcript was introduced.
Superior Court Judge James Bodiford took a 20-minute recess
before deciding against declaring the case a mistrial. He instead
said he was ``disappointed'' in state prosecutors, but he found the
mistake a ``technical violation'' that did not require a mistrial ruling.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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