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Nichols' Attorney Seeks Easing Of Restrictions

Associated Press file photo

Mercades Nichols, 17, one of eight defendants accused of beating a girl and recording it on video, had a first appearance hearing, April 11, 2008.

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By RAY REYES | The Tampa Tribune

Published: June 2, 2008

TAMPA - Mercades Nichols, one of six teens accused of beating 17-year-old Victoria Lindsay and taping the attack so they could post it online, is seeking permission from a judge to have house arrest and other restrictions lifted.

The modified pretrial release conditions, filed by Nichols' attorney James Michael Holz, also requests that Nichols be allowed to speak to the media about the March 30 incident that captured national headlines.

Nichols' mother said her daughter is planning on doing two things if Circuit Judge Keith Spoto approves the motion filed by Holz. He is scheduled to rule on the motion today.

"She wants to do a public apology," Christina Garcia said Monday. "She wants to make that statement. And she wants to go back to church."

Nichols, along with five other girls, are accused of attacking Lindsay, while two boys are accused of acting as lookouts and not allowing her to leave a Lakeland house. All eight teens, who range in age from 14 to 18, have been charged as adults and are charged with kidnapping and misdemeanor battery.

Lindsay told investigators she was beaten in three rooms of the house and forced to pose for a recording of her injuries. The teens intended to post the beating video on YouTube and MySpace as retaliation for online trash-talking, investigators said.

The attack left Lindsay with swollen black eyes and bruises on other parts of her body, according to the Polk County Sheriff's Office.

According to Holz's motion, Nichols would be allowed to travel under parental supervision; to get a job; have her house arrest eliminated; and to speak publicly about the case, said Chip Thullbery, spokesman for the state attorney's office.

Garcia said her daughter is not a flight risk and her public apology would likely be aired or published in local media outlets.

"Basically, she wants to give the public an insider's perspective," Garcia said.

Spoto will hear Nichols' request at 8:30 a.m. today. All eight teens will be back in court July 8 for a pretrial hearing.

Reporter Ray Reyes can be reached at (813) 259-7920 or rreyes@tampatrib.com.

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