In court Tuesday morning, prosecutors argued why they should be allowed to use a note found by authorities in the home where the crime took place. Assistant District Attorney Richard Vance said the note was hand written, two pages and found in a small container in the kitchen. In the note, Rosalind wrote about Nichols hitting her, pulling her hair and threatening to kill her.
In an interview with law enforcement, Nichols told authorities the note was written in Rosalind's handwriting. Prosecutors said Nichols told authorities he didn't remember her writing the note or him doing those things to her but he said, "I must have because she's not going to make that up." Vance said Nichols gave the note reliability with his own statements.
Prosecutors said Nichols told authorities the note must have been written between 5pm and 9pm the day of the crime.
The state argued that while the note is hearsay, Nichols acknowledging the note gives it admissibility because the defendant made statements to law enforcement giving the note legitimacy.
Nichols' attorney, Bradley Lollar, said the note is not dated, signed or notarized. Lollar said when Nichols told authorities Rosalind must have written it the evening of the crime between 5pm-9pm, Nichols was just speculating because he didn't see Rosalind write it.
Both Vance and Lollar made their arguments before the judge citing numerous other cases that have had issues similar to this. Judge Russell said he would have liked to have been informed of the conflict surrounding the note earlier, but will review the cases the attorneys have brought him.
Lollar told Judge Russell he would like to pursue a lesser charge for Nichols-- manslaughter or criminally negligent homicide.
Lollar said two shots were fired and one of those shots struck the victim. Lollar said at the time of the crime, the defendant fired the shots in an effort to frighten the victim but not necessarily hit the victim.
Prosecutors said they believe the evidence will show that Nichols fired his gun twice and tried to fire it more than twice but the gun jammed. Assistant District Attorney Jason Parrish said that evidence will show that Nichols delayed in calling 911 until his wife was dead.
Judge Russell asked if any of Nichols' interviews with law enforcement after the crime supported the theory that Nichols was merely trying to scare his wife.
Parrish pulled up a transcript of an interview with Nichols. In that interview, Nichols told authorities he intended to get the gun to scare his wife because she had been "so mean" to him.
Judge Russell asked why law enforcement never inquired as to how Nichols went from scaring his wife to shooting her. Prosecutors said Nichols' statements to 911 made it clear what his intentions were. Nichols said, "Come get me and take me to jail. Send my wife to the morgue."
Jury selection is scheduled to begin at 10:30 a.m.
Saturday, May 18 2013 12:14 AM EDT2013-05-18 04:14:44 GMT
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