Gender of Officer Not the Issue

ByABC News
March 15, 2005, 4:39 PM

May 10, 2005 — -- Brian Nichols has been described as a large, strong, former linebacker.

He allegedly overpowered a female deputy who was escorting him to his rape trial at the Fulton County Courthouse in Atlanta on March 11. He is accused of fracturing her skull, taking her gun and then killing four others -- three as he left the courthouse and another as he spent the night on the run.

Nichols is expected to appear in Fulton County Superior Court today for a hearing.

Could the alleged crime spree have been prevented if he had been escorted by a male deputy? Law enforcement experts and Nichols' own lawyer think not.

Barry Hazen, who represented Nichols in the rape case, told WSBTV in Atlanta that Nichols is a "big, strong guy. Even the larger deputies I don't think would be any match for Brian Nichols."

Cynthia Hall, the court deputy, is about 5 feet tall compared with Nichols, who is more than 6 feet tall and weighs more than 200 pounds. According to officials, Nichols attacked Hall when they stopped in a holding cell and she removed Nichols' handcuffs.

He then allegedly killed three others -- the judge presiding over his case, a court reporter and a deputy who confronted him as he fled the building. Later, Nichols killed a U.S. Immigration and Customs Enforcement agent, officials said. He was taken into custody the next morning after allegedly holding a woman hostage, then freeing her. She contacted police.

Experts say broader security weaknesses are at fault in this case rather than the sex or size of the deputy escorting the defendant. Days before, Nichols had been found with two homemade knives in his shoes when he was returned to the county jail, prompting the judge and prosecutors to request extra security.

However, authorities have said Nichols was not in handcuffs or shackles as he was being moved to the courtroom for fear of tainting the jurors.

"That was an inherently reckless and dangerous security situation," said George Kirkham, professor emeritus at the Florida State University School of Criminology and Criminal Justice and a former police officer. "No officer should be escorting a dangerous criminal by themselves.

"When you find people trying to smuggle knives, that's a huge flashing red light. There should have been more deputies guarding him," he said.

Most physical situations that a police officer gets in do not require "brute strength," according to Kirkham. It mostly comes down to speed, agility, the equipment on hand and training.