Nichols Defense Has No Money ATLANTA, GA (WABE) - The death penalty case of Brian Nichols has officially run out of money. His lawyers today asked a Fulton County Superior Court judge to force the state to pay defense expenses, or remove the death penalty option.

Last week, Nichols' defense team turned down money from the state's indigent defense office. The attorneys say the offer would only have covered about 35 percent of their costs, and that would result in an inadequate defense for their client.

But assistant district attorney Christopher Quinn argued that Nichols' lawyers are overpaid.

QUINN: Only one of their lawyers has agreed to the actual statutory fee. We've been here now 4 hours, on a motion that we've heard several times, to the tune of now, I guess, about $395 an hour for all 3 lawyers.

Quinn says that a new Georgia law mandates that all capital defenders get paid at the rate set by the state's public defenders council, which is now $95 an hour.

Nichols is accused of killing 3 courthouse officials and a federal agent in 2005 the bill for his defense is 1.2 million dollars so far.

The judge is expected to issue a decision later this week.

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