Motion to Remove Nichols Judge May Complicate ATLANTA, GA (WABE) - A motion filed by Fulton County District Attorney Paul Howard yesterday asks the judge in the Brian Nichols case to recuse himself. Nichols is charged with killing four people as part of a courthouse escape attempt. But some criminal attorneys say that finding a new judge could further complicate things.

Howard's motion claims that Judge Fuller is biased in favor of the defense, an ethical violation. But Atlanta criminal defense attorney Page Pate doesn't buy it:

PATE: Even though Paul Howard says it's about ethics, it's really about money. It all comes back to money.

The case has dragged on for more than a year, has cost 1.2 million dollars, and is now suspended indefinitely. Pate says the latest motion won't help:

PATE: It's a losing game, and it's just going to cost additional time and money to go through this recusal process, because it won't be successful.

Fuller may rule on Howard's motion himself, or allow another Superior Court judge to make that decision. If the motion is denied, Pate says Howard will likely appeal the decision to Georgia's Supreme Court.
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