The case in question is that of Robert Atkins, who police say raped and killed Aiken teenager Jessica Carpenter in August 2000.

Georgia prison officials have said that he has confessed to the crime.

This week, Mr. Atkins asked for forgiveness and the death penalty in a letter responding to questions from Chronicle reporter Matthew Boedy.

When Ms. Morgan learned of the communication with Mr. Atkins, she said printing any response would weaken her case, and she said she would look into obstruction of justice charges against the reporter.

But the letter seems only to back her case against Mr. Atkins.

"I don't think it weakens the case," said Jay Bender, an attorney for the South Carolina Press Association. "And I believe the citizens will discount substantially any self-serving comments made by the solicitor, police or defendant."

Ms. Morgan's office and Aiken police were quoted in numerous television and newspaper articles about the Carpenter case in the two years after the girl's death. Their most recent comments were at a news conference, at which they announced DNA samples found at the scene matched Mr. Atkins' DNA.

"His (Atkins') rights should be protected," Ms. Morgan has been quoted as saying. "He does not have an attorney, and he has not been brought here."

She said pretrial publicity concerning specifics that jurors must deliberate over is unfair.

Mr. Bender pointed out that newspapers and average citizens have the First Amendment right to speak and publish freely, as long as the information disseminated is believed to be true.

Newspapers must weigh information's timeliness and value to the community vs. any potential harm publishing the information might cause, Mr. Bender said.

Prosecutors, however, are more restricted in what they are allowed to discuss in a case. They cannot, for example, address alleged confessions, he said.

"The pretrial comments for the police and prosecution are generally acceptable to the police and prosecutor, but when the defendant starts making pretrial comments, there is suddenly a cry against pretrial publicity," Mr. Bender said.

He added, "I think the question will be: 'Are we going to have to have a jury selected from some other place or have the case continued because we can't pick a jury based on the pretrial publicity?"'

He acknowledged that any changes could add to the expense for taxpayers in trying the case.

No matter where a case is held, he said, the facts of the case should stand for themselves.

Jurors are not required to lack knowledge of a case. According to the law, they just have to be able to put what they've read or heard aside and be able to review the facts of a case impartially in the courtroom.

Ms. Morgan has stated her hope that the trial will take place in Aiken and said she now fears it won't. But Mr. Bender said he thinks the defense will have trouble arguing for a change of venue because the defendant voluntarily made his remarks.

"There is a natural tension between prosecutors and reporters, particularly leading up to a trial about what should and should not be reported," said 7th Circuit Solicitor Trey Gowdy, who is unaffiliated with the prosecution of Mr. Atkins. The 7th Circuit covers Spartanburg and Cherokee counties.

He described Ms. Morgan as a woman of "high personal integrity," who would want to win fairly, giving the defendant every right to a fair trial.

Her professional code does not permit her to discuss issues that a newspaper's professional code does allow, he said.

Mr. Gowdy said that doesn't mean either side is acting unethically when there is a difference of opinion.

"What you don't want is the communication to be cut off because tomorrow she may make a request (about delaying or withholding information) that the newspaper honors."

Mr. Gowdy said he has had some success in asking reporters to delay publication until a jury is selected and prohibited from viewing or listening to the news media.

The Chronicle's editors discussed the pros and cons of running the contents of any response from Mr. Atkins for more than a week before publication.

They decided the public had a compelling interest to know immediately what the accused had to say.

"I understand Ms. Morgan's desire to protect the judicial process, but our story did nothing to interfere with that process," said Dennis Sodomka, The Chronicle's executive editor. "We would not do anything to jeopardize this trial."

Mr. Bender said neither side is wrong.

"If the solicitor wants to complain about the publication, she has every right to, but by the same token, the editors have the same right to complain against the conduct of public officials," Mr. Bender said.

Ms. Morgan declined the opportunity Friday to elaborate on her previous comments.

ATKINS' LETTER

Editor's note:

The following is the full text of a letter from Robert Atkins, written in response to a letter from Augusta Chronicle reporter Matthew Boedy. Mr. Atkins is a Georgia state prisoner suspected in the Aug. 4, 2000, rape and slaying of Aiken teenager Jessica Carpenter. Although the letter's page numbers have been removed, the text is complete, with spelling and punctuation errors intact. The reporter's questions are in boldface.

Robert F. Atkins

EF#496202 3-D-6

Georgia State Prison

Reidsville, Georgia 30453

September 11th 2002

Mr. Boedy,

I am writing to answer your questions to the best of my ability. Your questions will be in red ink and my answers in black ink so let me go ahead and get started.

1. What was your first reaction when Aiken investigators said they had your DNA at the crime scene? At first I was in shock, but then as well as now, I'm glad that the running & hidding is over.

2. When you were put back in prison on the probation violation in April and had to give up your DNA later in August, did you think then you would get pegged for the Aiken murder? No, I did not.

3. If you did commit the murder, would you like to say anything to the victim's family? First I'd like to say that I am very, very sorry. I'd like to say that I wish there was some way that I could undo the terrible thing that was done on that most sad day. I would like to ask for their forgiveness.

4. Prosecutors have not decided if they will seek the death penalty against you. Again, if you did commit the crime, do you think that is a punishment you deserve? Yes, I do. Matter of fact, even if the prosecutors do not seek the death penalty, I'll push for it.

5. Tell me about your childhood. Where in Florida did you grow up? (I have lived in the Panhandle and Gainsville.) What do you remember about Macon? I grew up in Tampa Florida (where I was born), Panama City and Gainsville Florida. About Macon!? I remember living with both of my parents. Then moving back to Panama City Florida where my mother and father went threw their divorce. I remember threw the years living with one then the other parent. Throughout the year, moving from one town to the next. Not living in any one place long enough to make any real friends.

6. How did you come to meet the Aiken girl? Did you know her name? Why rape? Did you deliver to her house that day, that week? I meet the young lady just a few days prior to the crime when I made a delivery to her house at the time of the crime. No I did not know her name. True enough, she was a very nice looking young lady. As to this part of the question, I do not know. I sit in my cell day after day and ask myself "Why?" But as of right now I do not remember rapping the young lady or of hurting her. Once again I'm sorry and no I did not deliver to her that day but it could have been either that week or the one before. I'm not real sure.

7. If you did commit the murder, where did you go afterward? Back home to Milledgeville? or to your Wrightsboro Rd. address? Well, I finished my work route like nothing had happened. And after work, yes I did go home but not to Milledgeville or the Wrightsboro Rd. address. I was living in a trailer in a trailer park on Whiskey Rd in Grovetown with my wife.

Now, I have answered your questions. Now, I have one request. Any thing that you or your paper has printed about me or plan on printing about me, I request that a copy of it of the paper with said artical be sent to me so that I may read what is being or has been said about me.

Thank You

Mr. Robert F. Atkins

Reach Eric Williamson at (803) 279-6895 or eric.williamson@augustachronicle.com.