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(WSB Radio) -- Prosecutors Tuesday gave formal notice to alleged courthouse killer Brian Nichols that they intend to seek the death penalty if he's convicted at trial.

Defense lawyers objected when Fulton County District Attorney Paul Howard tried to hand a copy of the motion directly to Nichols as he sat at the defense table.

"Your Honor, that's inappropriate and we object to that," said defense attorney Chris Adams.

"I think it is. Just hand it to his lawyer," said Judge Hilton Fuller.

Nichols is accused in a 54-count indictment not only of four felony murders, but also several counts each of aggravated assault upon a peace officer, armed robbery, aggravated battery, and kidnapping.

Nichols will be arraigned May 17. The 33-year-old is accused of overpowering a deputy escorting him to his rape retrial on the morning of March 11, assaulting her and stealing her weapon, and then killing a judge, court reporter, and one deputy in and outside the Fulton County courthouse before fatally shooting a federal agent at his Buckhead home later that night.

Judge Fuller asked Nichols if he is satisfied with his counsel and the manner in which they are conducting his defense. Adams replied that he had talked with his client, and that Nichols was aware of his right to speak but preferred not to address the court. Howard objected, saying Nichols should have to respond to the question himself--even if it was done in the judge's chambers--but Fuller agreed that he would not make Nichols speak if he didn't want to.

Nichols, who reportedly recently converted to Islam while in jail, was dressed in a tan suit and occasionally spoke to his attorneys. His parents sat a couple of rows behind him, with Nichols' mother appearing to take copious notes during the hearing.

Tuesday, 5.10.2005

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