Fulton DA Howard sues Brian Nichols' judge ATLANTA, GA (WABE) - The head of the prosecution in the Brian Nichols case is suing the judge presiding over the case.


Fulton County District Attorney Paul Howard filed a lawsuit asking the Georgia Supreme Court to determine if Superior Court Judge Hilton Fuller should be removed from the case.

The lawsuit, along side a scathing email from a Fulton County Superior Court Judge this week are the latest digs against Fuller's handling of the Nichols case. So far, the state has spent almost 2 million dollars on Nichols' defense. They say that's more than most death penalty cost altogether.

Howard's lawsuit also asks the state to replace Nichols' lawyers. However, criminal defense attorney Page Pate says the defense team is probably safe.

PATE: A new judge could easily step into the case and go ahead and set a trial date. The judge needs to be prepared to understand what the issues are but that's not going to take much time. It's the lawyers who would have to defend the case. Replacing them will create additional delays.

Howard has asked the court to expedite his suit. © Copyright 2012, WABE