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News
Lack of notice results in bench warrant recall
BY JOE DIPIETRO, STAFF WRITER
Monday, September 22, 2008 4:59 PM CDT
A motion for a no-bond bench warrant for John Nichols, 60, of Mineral Bluff, has been recalled after it was discovered that Nichols did not receive adequate notice to appear for arraignment Sept. 12, according to Appalachian Judicial Circuit Assistant District Attorney Jodi Spiegel.
Spiegel made the motion for a bench warrant for Nichols during a Sept. 12 arraignment hearing, in which Nichols was on the calendar, but was not present.
Spiegel said the decision to recall the bench warrant was made after further investigation revealed the District Attorney’s Office never sent proper notice to Nichols. “When we go to court and we don’t have people show up, I move for a bench warrant,” she said. “Then, when I come back to the office and we prepare the bench warrant, we have to always double-check those people got adequate notice. John Nichols did not.”
Spiegel said upon locating Nichols’ correct address, adequate notice is being sent to him to appear for arraignment Oct. 2.
Spiegel said she located Nichols address on his bond paperwork after the Sept. 12 arraignment, as she prepared the bench warrant for him, which was never officially filed. “Mr. Nichols’ had bonded and (his address) might have been on his bonding papers, but we did not have the bond paperwork by the time we sent out the arraignment notice.”
Nichols was on the Sept. 12 arraignment calendar because, after the grand jury indicted him in August, his case was automatically set for Sept. 12, before any notice was sent out, Spiegel said.
The warrant for Nichols, filed June 18 by Fannin County Sheriff’s Department Chief Investigator W.L. Panter and signed by Fannin County Magistrate Judge Ron Newton, lists Nichols’ address as “Fannin County, Georgia.”
The bond paperwork dated June 22 lists Nichols’ Blue Ridge post office box.
However, Fannin County Sheriff George Ensley gave a different explanation of how Nichols missed his arraignment hearing.
“I think when he was booked in he gave his 911 physical address,” Ensley said. “He didn’t give them the post office box where he gets his mail and so he never received notice.”
Ensley said upon booking, inmates are asked to provide the address at which they receive mail. “It’s Mr. Nichols’ fault, he should have gave the correct address,” he said.
Spiegel maintained, “We had no address.”
Nichols’ new arraignment date has been set for Oct. 2 and adequate notice will be given to him prior to that date, Spiegel said.
Nichols was indicted in August on 15 counts of theft by taking in breach of fiduciary obligation. He is accused of stealing more than $12,000 from the Fannin County Democratic Party while serving as the party’s treasurer.
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