Skip to main content

In Georgia, Push to End Unanimity for Execution

ATLANTA — For three and a half years, prosecutors in Georgia carefully built their argument for sentencing Brian G. Nichols to death for a rash of murders in downtown Atlanta in 2005. With Mr. Nichols admitting to killing four government employees, it seemed like an open-and-shut case in a state where the death penalty remains common.

But on Friday, three jurors shocked the legal community here by failing to agree with nine others on a death sentence and therefore, under Georgia law, sparing Mr. Nichols from execution. Without a unanimous sentence from the jury, a judge instead gave him 11 life sentences, plus 485 years in prison without parole.

Now, just days after the decision, Georgia legislators have began lining up to introduce bills eliminating the requirement that juries be unanimous for a death sentence. Hard-on-crime lawmakers have long favored easier rules on death sentencing, but the Nichols sentence has given new urgency to their cause.

“Unfortunately, you have people who say they’re willing to consider the death penalty, but when they get on a jury, it becomes clear that they’re actually death penalty opponents,” said Representative Barry A. Fleming, a Harlem Republican who twice sponsored efforts to revoke the unanimity requirement. Most recently, the proposal died in the State Senate in March.

Jurors in the Nichols trial reported that one juror was so opposed to the death penalty that she plugged her ears with earphones and solved a crossword puzzle during the sentencing phase, said Paul Howard, the district attorney of Fulton County.

Representative David Ralston, a Blue Ridge Republican who is chairman of the House Non-Civil Judiciary Committee, said, “The Nichols case, because it’s so recent and so high profile and the guilt of the defendant is so clear, has provided a great deal of momentum to the supporters of a change.”

Legislators have not decided who will introduce the proposal to end unanimity or how many jurors’ votes it will require for a death sentence, Mr. Ralston said. But if the proposal passes, Georgia will become the only state to allow non-unanimous juries to sentence defendants to death.

The federal government also requires a jury to be unanimous to impose death. (In Alabama, Delaware, Florida, Montana and Nebraska, judges can impose death sentences after a jury issues its recommendation.)

It is not clear, however, that a Georgia proposal can withstand a constitutional challenge. Carol Steiker, a death penalty expert at Harvard Law School, said it could violate the 14th Amendment guarantee of due process and the Eighth Amendment ban on cruel and unusual punishment. Although the Supreme Court allows non-unanimous juries in many cases, Ms. Steiker said, death sentences require the highest standards.

“As the Supreme Court tends to say, ‘Death is different,’ ” she said. “It’s different in severity and it’s different in finality. This case really illustrates one of the problems with states trying to maintain thoughtful and circumscribed death penalty rules. There’s incredible pressure on these legislatures to change the laws at critical moments after high-profile cases.”

Even critics of the death penalty worried about the message sent by Mr. Nichols’s sentence.

“This case shows how arbitrary and irrational the death penalty can be,” said Richard C. Dieter, the executive director of the Death Penalty Information Center. “People shake their heads when they hear that someone got the death penalty for robbing a 7-Eleven, and Brian Nichols got life in prison for his heinous crimes.”

There may be another opportunity for prosecutors to sentence Mr. Nichols to death. District Attorney Howard has suggested that federal prosecutors could try him for one of the killings because a victim, David Wilhelm, was a United States customs agent. The Justice Department will review the evidence before making any decisions, said Patrick Crosby, a spokesman for the department.

Ever since Mr. Nichols shot four people and led the police on a daylong chase across Atlanta on March 11, 2005, his case has generated tremendous attention, for both the brutality of his crimes and the exhaustiveness of his trial.

The county spent more than $3 million on a 54-count trial featuring 144 witnesses and 1,200 pieces of evidence, and much of that money could have been saved had the prosecution accepted Mr. Nichols’s offer to plead guilty in exchange for a sentence of life without parole. Mr. Howard scored a victory by convicting Mr. Nichols on all counts, but his primary goal was always a death sentence.

For years, the case’s length and cost have fueled criticisms of Georgia’s public defender system. State Senator Preston W. Smith, a Rome Republican, accused defense lawyers of spending like “drunken sailors on shore leave” to provide an “O. J. Simpson-style defense, all on the taxpayer’s dime.”

And frustration over the trial’s handling intensified after the sentencing.

Mr. Dieter, of the Death Penalty Information Center, said the case’s outcome demonstrated the growing difficulty of achieving a death sentence, even in the South. Across the country, death sentences have declined steadily over the past decade, to 115 in 2007 from 306 in 1998.

This downward trend reflects the public’s distrust of the death penalty and the increased reliance on the life-without-parole sentencing option, said Stephen B. Bright, a lecturer at Yale Law School and director of the Southern Center for Human Rights, who opposes the death penalty.

“To get 12 people to decide to kill somebody is a difficult undertaking,” Mr. Bright said. “People are overwhelmingly in favor of the death penalty when the Gallup poll calls. But when you ask them in a courtroom to actually impose the death penalty, a lot of people feel very uncomfortable.”

Source: The New York Times, December 17, 2008

Comments

Most viewed (Last 7 days)

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.