New motion claims plot to kill Nichols

ATLANTA --- A man accused in a courthouse shooting rampage that left four people dead is claiming that jail deputies tried to bait him into trying to escape so they could kill him.

Defense attorneys filed a motion late Tuesday accusing Fulton County Jail deputies of plotting a scenario that would allow them to justify killing Brian Nichols while he was jailed on charges of killing the people in March 2005.

The Fulton County Sheriff's Office declined to comment, citing a gag order on the case.

The motion claims that deputies were encouraged to put Mr. Nichols in a recreation area unrestrained and accompanied by a lone guard.

It says that was done to encourage Mr. Nichols to attempt to escape or attack a deputy "so that they could use lethal force against him."

Mr. Nichols' attorneys say the information came from a source who demanded anonymity because of concerns about "backlash" from the sheriff's office.

Mr. Nichols, who could face the death penalty, is charged with killing a judge, court reporter, deputy and federal agent on March 11, 2005, in a spree that began at the county courthouse in downtown Atlanta.

He has pleaded not guilty by reason of insanity.

While at the Fulton County Jail, authorities say Mr. Nichols attempted to enlist his pen-pal girlfriend, a paralegal and at least two sheriff's deputies in a scheme to break out.

Mr. Nichols was transferred to DeKalb County Jail in October 2006 and the alleged plot is being investigated by a special prosecutor, who so far has not filed any charges.