Judge faults security procedures (in Atlanta massacre)

Atlanta Journal-Constitution ^ | 3.13.05 | STEVE VISSER

[mhking]

A senior judge blamed the triple killing at the Fulton County courthouse Friday on sloppy security provided by the sheriff's department.

Senior Superior Court Judge Philip Etheridge said it was "absolutely ludicrous" that the sheriff's office would allow an armed deputy to be alone in a holding cell with a prisoner known to be a high security risk.

On Friday, Brian Nichols, a 33-year-old on trial for rape, overpowered Deputy Cynthia Hall, took her gun and escaped from the holding cell. He then went to Superior Court Judge Rowland Barnes' chambers, where witnesses say he killed the judge and his court reporter, Julie Ann Brandau. He also is accused of killing another deputy and a U.S. Customs officer.

"This whole thing just makes me so angry because Rowland didn't need to die and Julie didn't need to die," said Etheridge.

Barnes had requested additional security for Nichols' trial on rape and other charges after deputies found two crude weapons in the defendant's socks earlier in the week. Sheriff Myron Freeman on Saturday could not say whether Hall was aware of the increased threat or whether extra precautions had been put into place.

Etheridge said the deaths were "absolutely preventable."

"You can't be lackadaisical when it comes to security; you have to get it right each time because it only takes one time," Etheridge said.

"There is no way that anyone could have thought Cynthia Hall would have been able to handle a situation with Brian Nichols. No bloody way."

Freeman, who has been in office since January, on Saturday said he will put together a task force to look at security procedures at the courthouse."It's a big issue," he said. "If something needs to be changed, we'll change it."

Freeman repeatedly refused to answer questions about current department policy or security procedures regarding prisoners. "Let's be patient and conduct a complete investigation," he said. "Once there's a complete investigation, we'll go from there."

Deputy Sgt. Charles Rambo said current policy guidelines allow a single deputy to escort as many as four prisoners at a time, and allows a solitary deputy to enter a holding cell with a prisoner.

Rambo, who ran against Freeman in the 2004 Democratic primary, said the new sheriff shouldn't be blamed for the security problem. Judges haven't always been cooperative when it comes to security measures, said Rambo, president of the Local 453 of the International Brotherhood of Police officers.

"Freeman has inherited some things and in three months he has not had the opportunity to correct some of these things," Rambo said. "He may have to battle with some of the judges on what the policies should be."

He said the office needs to develop physical fitness standards because some deputies aren't in good enough shape or are too small in stature to safely handle prisoners in a fight.

Rambo said deputies transporting prisoners should go in pairs and be armed only with Tasers, mace and batons, not loaded firearms.

Fulton judges plant to meet with other courthouse officials to discuss security procedures this week, said Superior Court Judge Stephanie Manis. "The court is going to look at all these issues including whether deputies should have guns when they are with prisoners," Manis said.

Former Chief Superior Court Judge Elizabeth Long said the court has had reports on security shortcomings from experts in past years. Some of the recommendations had been implemented but others were deemed too expensive, she said.

Other counties have different policies dealing with prisoner security. In Cobb County, for instance, two unarmed sheriff's deputies escort defendants into court and sit nearby, while an armed deputy watches from across the room.

Some sheriff's departments put a belt under a defendant's civilian clothes that can deliver an electric charge by remote control, said Dale Mann, director of the Georgia Public Safety Training Center.

Clayton County Sheriff Victor Hill said his office uses the belts and leg irons to control potentially violent prisoners.

"Any time we've got an inmate we think is a problem, all a deputy has to do is push a button and the electronic shock disables the inmate immediately," Hill said.

— Staff writers Rhonda Cook, Don Plummer, David Simpson, Pete Scott and Alan Judd contributed to this article.

[TexKat]

And please keep FulCo Sheriff Myron Freeman as far as is humanly possible from a microphone. His command of the English language makes Chief Moose sound like a Rhodes Scholar.

Oh you are so mean. Fulton has not been in that position long enough to get the lingo down yet. That is because he has only been in that position 2 months. I repeat: only 2 months. And I will repeat again: 2 months. And I will..........:o)

[canalabamian]

Yes, improve the security, but not until after Nichols is properly executed for his crimes.

Thats just stupid. Wouldn't it be wise to improve security NOW since it has been exposed as weak? Besides, it could be years until he is executed. Cops should have taken care of that Saturday, IMO.

[FairOpinion]

Why didn't they shakle and handcuff the prisoner, known to be violent?

That and keeping weapons away from him shouldn't have been very difficult.

But I bet there was more bleeding heart logic at work, that they didn't want to "prejudice" the jury, by showing the defendent in shakles and handcuffs.

[SiliconValleyGuy]

Revised headline: Senior judge has keen sense of the bleedin' obvious.

You got that right. The ultimate in Monday morning quarterbacking---and saying what everyone else on the planet is thinking.

[FreedomCalls]

He said the office needs to develop physical fitness standards because some deputies aren't in good enough shape or are too small in stature to safely handle prisoners in a fight.

They can't do that AND meet judge-imposed gender quotas.

Rambo said deputies transporting prisoners should go in pairs

Then fork over the money to hire twice as many deputies as are currently on the payroll.

[FreedomCalls]

Rambo said deputies transporting prisoners should go in pairs and be armed only with Tasers, mace and batons, not loaded firearms.

It worked great with Rodney King didn't it?

[FreedomCalls]

"unmentioned in this article is the fact that the law requires that the perp cannot be brought into the courtroom wearing handcuffs because this would not be fair to the perp"

Are you sure? I thought it was only a judicial ruling and not an actual law that made that requirement so as not to violate the "fair and impartial trial" aspect of the Constitution.

[rdcorso]

It's better to keep armed officers away from the inmates while unarmed officers handle all the close contact duties.You don't want to give them an opportunity to take the weapon as happened in Atlanta.We would never have an armed officer put the restraints on an inmate no matter if there were ten other armed officers standing there watching.You put yourself in vulnerable positions while restraining prisoners that would make it easy for the weakest inmate to grab your gun.

[rdcorso]

The rules have changed dramatically over the past fifteen years thanks to the ACLU lawyers.Now you can't put your hands on an inmate until he gives you a reason to.Then after he punches you in the face you have to be sure that you're not too rough when you restrain him or else he will file a lawsuit against you.So after the assault if you don't get fired over your take down technique you can go to court and watch them ignore the part of the film where you were assaulted while they zoom in on your actions.Hopefully you didn't lose your head and you get to keep your house and job.

[NormalGuy]

The media wrings its hands about a gun in the hands of a strong young man against a small old women. The issue should be simply "What was a small old women doing guarding a strong young man known to be violent against women and illegally attracted to other people's guns?"