The jury is deadlocked over Atlanta shooter’s sentence. A deadlocked 12-member Atlanta jury may ask Superior Court Judge James Bodiford in writing if they can rehear a controversial tape recording of a telephone conversation in which Nichols tells his brother that he killed four people – and should have targeted prosecutors the day of his courthouse shooting spree. On Nov. 7, after 12 hours of discussion, the jurors convicted Nichols of 54 crimes from the March 11, 2005, courthouse shootings, including four murders, carjackings, robberies and assaults. The panel has already deliberated more than 25 hours in the penalty phase, but appears deadlocked with a 9-3 vote on whether to sentence Nichols to death. Defense attorneys had vehemently objected when the tape was first introduced without warning in November. They’ve called the contents a “bombshell” that would certainly prejudice Nichols’ case, but failed earlier to keep it from the jury.

 Accused murdered doesn’t seem crazy, judge says

Attorneys for Brian Nichols, the 36-year-old Atlanta man accused of killing his judge, a court reporter and two law-enforcement officials during a daring courthouse escape three years ago, does seem as insane as he wants everybody to believe, the presiding judge said Tuesday. Superior Court Judge James Bodiford did not hear expert psychiatric testimony, but he said he also hasn’t heard anything that would lead him to accept Nichols’ claims that his diminished mental state is the reason for his testimony. Nichols had pleaded not guilty by reason of insanity. The fact that defense witness Vincent Velazquez, an Atlanta Police detective, testified that Nichols was not only coherent but clear and articulate following the alleged murders helped undermine the insanity argument “that Nichols had suffered from a delusional compulsion at the time of the killings,” The Atlanta Journal-Constitution reports. “He was very up front and very detailed and meticulous in telling me what happened,” Velazquez said. “It was one of the easiest interviews I’ve ever done.” 

Anti-affirmative action measure dies in its tracks. Advocates of an Arizona initiative aimed at doing away with affirmative action programs have finally given up the fight – at least for now. Last week, the head of the Arizona Civil Rights Initiative – which critics say is deceptively labeled – told the East Valley Tribune that Maricopa County Superior Court Judge Edward Burke gave supporters until this week to prove that a major chunk of the signatures they had accumulated to force a ballot initiative were not bogus. Max McPhail had claimed that he had garnered more than enough signatures from registered voters, and that Proposition 104 had earned a rightful spot on the November ballot. He apparently no longer thinks so. “Because of the upcoming primary, Maricopa County said we could have only two computers to check 4,000 signatures,” he said. “It takes about six minutes to check each signature. It’s not humanly possible to check all the remaining signatures (the county declared invalid) to present on Tuesday.” But the fight isn’t completely over, McPhail says. He says that a new ballot initiative will be introduced in the 2010 election. If passed, the measure would prohibit the consideration of race or gender in any state hirings or college admissions. However, state Rep. Kyrsten Sinema (D-Phoenix) says the initiative won’t pass now or ever because she’ll work to expose it for the divisive program it is. “When they understand it’s going to eliminate programs that help, for instance, young Latina women prepare for college, like the Mother-Daughter Hispanic Program, they don’t want to eliminate those programs,” she said.