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Fulton County Sheriff Myron E. Freeman said Saturday that he was determined to have the courthouse open Monday morning and continue with “business as usual.” But despite an attempt at normalcy, judges and attorneys said they found it difficult to return to work at the courthouse and continue as if nothing had happened. Some said they noticed little difference between the security precautions on Monday and those in place before Friday’s deadly shootings — which took the lives of Fulton Superior Court Judge Rowland W. Barnes, his court reporter Julie A. Brandau and Sgt. Hoyt Teasley of the Fulton County Sheriff’s Department. However, Chief Deputy Michael J. Cooke of the sheriff’s department said there were several security changes behind the scenes. About 30 to 40 extra deputies were on patrol at the courthouse on Monday, he said. Among the most significant changes, the sheriff’s department implemented a new “transport team” to take inmates from the detention areas to the courtrooms. The transport teams will not carry lethal weapons, he said. For now, deputies in the courtrooms will continue to carry firearms, Cooke added. Fulton Superior Court Chief Judge Doris L. “Dee” Downs came to work Monday and said everyone in the courthouse was still grieving over Friday’s events. “We’re comforting each other,” she said. She added that the courthouse schedule had been scaled back to include only necessary functions, and no new jurors were being called in this week. A large placard with photographs of the victims greeted those who entered the courthouse from Pryor Street. Flowers sat beneath and around the poster. A wreath sat beside the pictures. A slightly larger display was on the ground floor of the Justice Center Tower. Upstairs, bouquets of flowers were on the floor in front of Barnes’ courtroom. A piece of yellow crime-scene tape was draped across the front door, barring entrance. Inside, a group of detectives from the Atlanta Police Department continued to investigate the shooting. Elsewhere on Monday morning, the Fulton County district attorney’s office began the week with a meeting in which DA Paul L. Howard Jr. discussed security with his staff. According to spokesman Erik Friedly, Howard spoke about the possibility of instituting new protocols for prosecutor safety. NEW COUNSEL NAMED IN RAPE CASE At about 10 a.m. Monday, Fulton Superior Court Judge Stephanie B. Manis, who was handling Barnes’ trial calendar, presided over a crowded courtroom on the fifth floor of the Justice Center Tower, where prosecutors and attorneys discussed what to do about the rape trial of accused shooter Brian G. Nichols. Nichols had been on trial last week for charges of rape, false imprisonment and aggravated sodomy when he allegedly overpowered a deputy, took her gun and then made his way to Barnes’ eighth floor courtroom, killing the judge and his court reporter. Minutes later, he allegedly shot and killed Teasley outside the courthouse. Nichols also is accused of later killing David Wilhelm, an assistant special agent in charge for U.S. Immigration and Customs Enforcement. Howard and several senior prosecutors arrived in Manis’ courtroom just as the deputy director of the Georgia Public Defender Standards Council, Gary Parker, petitioned the judge to allow his office to be appointed to the case. Manis said she would discuss only the underlying rape case, not anything related to Friday’s events. Parker said he felt the attorney currently assigned to the case, Barry M. Hazen, may need to withdraw because of some “detrimental” statements he made to the press over the weekend. “I do not believe he can continue representing his client,” Parker told the judge. Hazen was not present in Manis’ courtroom Monday. Parker went on to say he worried about a possible gap in Nichols’ representation should Hazen withdraw and asked Manis to assign his office as counsel of record to ensure the suspect would have a lawyer at all times. Manis granted the request but said the Public Defender Standards Council would have to be co-counsel with Hazen, who would have to withdraw on his own — if he decides to do so. “We will not have any problems with access to him [Nichols] now,” Parker said in court. Manis replied, “Mr. Howard will assist you in any way possible.” With that, Parker moved for a mistrial on the rape charges. Ashutosh S. Joshi, the senior assistant district attorney who helped prosecute the case, rose to say the DA’s office did not object to the motion, but he wanted to ensure it would not bar a new trial. Manis granted the defense motion and noted that the mistrial had been caused by the actions of the defendant. Therefore, prosecutors would not be prevented from bringing the case before another jury. Nichols was not present in Manis’ courtroom, and it was not clear where he was being held. MISTRIAL? YES, NO, YES, NO, YES Down the hall from Manis’ courtroom, Fulton Superior Court Judge Constance C. Russell also granted a mistrial — after the defendant changed his mind over and over again. Attorneys for Michael B. LeJeune, a capital defendant on trial for the December 1997 slaying of Ronnie Allen Davis, asked Russell for a mistrial out of fears the sequestered jurors may become prejudiced after learning the details of Friday’s shootings. Marc A. Mallon, a Fulton prosecutor, told the judge that “outside events cannot impede justice going forward.” Russell said she agreed, but “the questions is: What is justice?” She went on to say the jurors in the death penalty case were taken to their hotel on Friday and kept there with no access to TV or radio. They also were not permitted to speak with their relatives. The jurors’ relatives were attempting to contact their loved ones to inquire about their well-being, Russell said. However, she did not want the jurors tainted by news of the shootings, so she did not allow contact. Because the continued denial of access to family members would affect the jurors’ attention to the proceedings, Russell said she would grant the defendant’s motion for a mistrial. However, before she committed the order to paper, Russell asked LeJeune to consult with his attorneys, Brian Steel and August “Bud” Siemon III, to make sure that was what he wanted. LeJeune then indicated that he wanted to continue with the trial. Then he changed his mind again, requesting a mistrial. But before Russell brought the jury back in to formalize the mistrial, LeJeune changed his mind again and decided to go forward with the trial. After lunch, Steel continued cross-examining the state’s star witness, LeJeune’s one-time girlfriend Rekha A. “Kelly” Anand. At around 4 p.m. LeJeune changed his mind a final time, and Russell declared a mistrial. Steel said it was not something he wanted to do because the trial was going well for his client, but he had to raise the issue to preserve his client’s rights. The case had been expected to continue about another three weeks.

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