Defense says Nichols was denied lawyer when he gave post-shootings statement

<p>Defense lawyers for accused courthouse gunman Brian Nichols said in court papers that a prosecutor denied their client access to the public defender's office before talking to police.</p><p>The allegation was contained in a supplemental motion filed Wednesday night in which the lawyers are seeking copies of one or more videotaped statements Nichols made to police after his arrest and letters Nichols allegedly wrote while in jail.</p><p>Prosecution spokeswoman Lyn Vaughn said Thursday that her office "is not commenting at all on any aspect of the Nichols case."</p><p>Messages left for defense lawyers Henderson Hill and Robert McGlasson were not immediately returned.</p><p>Nichols, who was being retried on rape charges at the time of the March 11 shootings at the Fulton County Courthouse, is accused of overpowering and severely beating a deputy, grabbing her gun and entering the courtroom where his trial was to resume. There, police say, he fatally shot the presiding judge and a court reporter.</p><p>Nichols also is accused of killing a sheriff's deputy who chased after him outside the courthouse, and a federal agent at a home a few miles away that night. He surrendered the next day after allegedly taking a woman hostage in a suburban Atlanta apartment.</p><p>Prosecutors are seeking the death penalty.</p><p>The defense motion says that after Nichols' arrest, an attorney from the Georgia Public Defender Standards Council sought access to Nichols to provide legal advice. The motion says District Attorney Paul Howard "personally refused access by counsel to Mr. Nichols while the interrogation was proceeding."</p><p>Also in the motion, defense lawyers listed a series of examples of information helpful to the defense in terms of mitigation that may be in the videotaped statements and letters.</p><p>One example offered by the defense is that Nichols "allegedly had an accomplice or accomplices substantially, equally or more responsible for the charged criminal acts or acts of misconduct."</p><p>The defense also said there may be evidence in the materials that "Nichols has contemplated or attempted suicide, either by his own hand or with the assistance of others."</p><p>An affidavit with more details about the defense suggestions was filed under seal Wednesday night, the motion says.</p><p>Such examples are common in defense motions seeking production of exculpatory evidence and do not necessarily mean that such evidence exists. Prosecutors have never said that anyone other than Nichols was involved in the shootings. They have not said anything about possible suicide attempts by Nichols.</p><p>Nichols' lead defense lawyer, Gary Parker, has previously said he is open to resolving the case short of trial. Prosecutors have not commented on Parker's statements.</p><p>A Superior Court judge previously rejected defense efforts to remove the Fulton County District Attorney's Office from prosecuting Nichols. On Thursday, Judge Hilton Fuller said in a brief order that he is certifying his decision for immediate review by the state Supreme Court.</p>