Monday, March 14, 2005
Link A mistrial has been declared in the Nichols rape trial. The judges cited the killing of the presiding judge in the midst of the trial, the prejudicial media coverage of the killing spree, and some comments that were made by his attorney on TV over the weekend as the compelling factors in their decision. His attorney acknowledged in several interviews on Greta Van Susteren and on Nancy Grace that the trial was going against Nichols and predicted that he probably would have been convicted on the charges. His attorney's discussion of the trial is, to me, a non-issue, given that he must have realized that there was no way the trial could continue, and he could do no harm to a trial that was moot at that point. Having a jury report to court for a continuation of the present trial, given what the jurors know about the spree and given that they were in the courthouse and, therefore, at risk, seems to be an outlandish proposition and reversable on appeal. No other outcome on that charge could be expected.