FAITH ANN NICHOLS - 3 Months (2008) - Clarksville TN

Detective Tim Anderson was the last witness to take the stand today in
the murder trial of Cortni Nichols.
Nichols, 26, is charged with first-degree murder and aggravated child
neglect in connection with the death of her 3- month old daughter Faith
Ann Nichols.Anderson
told the jury, Nichols gave police two stories on July 8, 2008 when her
baby was found dead in the backseat of her hot car.Anderson
said when Nichols was taken to the major crimes unit that day she told
police her daughter had not been in her care prior to her death. "She
said the child had been with the grandmother and she returned to
Dodge's Chicken Store to drop the child with the babysitter and found
she wasn't breathing," Anderson said.Upon further
investigation, Anderson said police found the child had not been in the
care of Nichol's mother and Nichol's became a suspect.When
questioned again, Nichols gave a different statement, admitting she
left Faith in the car while she socialized inside of the Yes Deer
Lounge.Nichols wrote in a three-page statement that she
left her parent's house at 10:15 a.m.- 10:20 a.m. and went to Yes Deers
to check her schedule."Faith was sleeping in the backseat
so I drank a beer and chatted," Nichols wrote.She said she
checked on the child at 10:45 a.m.- 10:50 a.m, and Faith was asleep
and still breathing so she went back into the bar and socialized some
more."I lost track of time," Nichols wrote. Nichols said
she fed her daughter and changed her diaper when she went to check on
her and said she continued to check on her in 30 minute intervals. Each
time she noted she was asleep and fine.Nichols said the
windows in the car where half way down, but the air conditioning did not
work.Cleo Hogan, a local meteorologist and attorney
testified that temperatures were as high as 95 degree Fahrenheit that
day and at 10:55 a.m. had reached 90 degrees.Anderson also
testified that surveillance tapes obtained from Dodge's Chicken Store
only showed someone going to Nichol's car one time at about 11:10 a.m.
The afternoon began with testimony by Richard Watts, a friend of
Nichols who was in Yes Deer bar socializing with Nichols on July 8. Watts
testified he and Nichols left the bar, passing her car and went to the
Speakeasy bar on Fort Campbell Boulevard. Watts testified Nichols did
drink a beer while in Yes Deer and Speakeasy but was not drunk.He
said she never mentioned Faith until last afternoon when she said she
would obtain Tabitha Parker, her coworker, as a babysitter. Parker
later testified she called 911 when she picked Faith up and noticed she
wasn't breathing or moving.

A jury of 12 Montgomery County citizens will report to the court complex
at 8:30 a.m. to begin the deliberating process in the case of Cortni
Lee Nichols, 26, charged with first degree murder and aggravated child neglect.
Judge John H. Gasaway read the jury the laws and instructions for
deliberation before closing arguments were given. The sequestered jury
was dismissed following closing arguments.

Closing Arguments

John Finklea, assistant district attorney addressed the jury restating the
evidence given to them and asking them to consider the facts."This
case is about that little baby girl Faith Nichols," Finklea said
displaying a picture of the smiling mother and child. "...she was 100
percent dependent on her mother, her protector her caretaker, her
everything. Faith Nichols because of her age was helpless, she may have
been able to raise an arm and cry... Cortni Nichols that decision to
drive with little Faith to Yes Deer Lounge and made the decision she
needed a break, she made the decision to leave her strapped in that car
while she went in Yes Deer. Faith couldnt say, 'Mommy, stop don't,' or
'Mommy call someone.'"Finklea called into question many of
Nichols statements and asked the jury to consider if it proved Nichols
"knowingly and intentionally" left the baby in the car.
Finlea asked the jury to consider that Nichols left the bar at 11:11 a.m.
to get a pack of cigarettes.""She
tells you that she didn't see Faith when she opened the door and
reached across to the the cigarettes although Faith was at an angle, "
Finklea said. Charles Bloodworth, assistant public defender asked the jury
to consider being a human being."We
are all human beings here," Bloodworth said. "It's easy to throw
labels at people. She's not a monster. She's Cortni Lee Nichols. She
just Cortni who went to Montgomery County High School, her dad's a
fireman her mom's a clerk at the court. She was a mother at a young age,
had just went through a divorce and was left without a lot of things."
Bloodworth told the jury to look at the fact Nichols wanted to tell the truth
on the stand and tell them what happened."At
some point we can't explain what went through her mind that she left
Faith in the car," Bloodworth said. "They invited her to sit down and
her memory is going. She's doing a favor and she looks at an opportunity
to get a job."Bloooworth asked the jury to return a not guilty verdict.

In her Defense

The state rested its case this morning in the murder trial of Cortni Lee
Nichols, 26, charged with first-degree murder and aggravated child abuse
for leaving her 3-month-old daughter Faith inside a hot car.Shortly
after several witness took the stand in defense of Nichols including
her mother and father Liz and James Cain. Nichols was the last to take
the stand to tell the jury her side of the story.
Nichols said she got dressed to go to job interviews, cleaned up her daughter Faith,
and headed to Yes Deer Lounge."I
went to get my schedule and I had to find out if I still had to cover
for one of the bartenders," Nichols said. "... I didn't go to drink I
didn't go to bar hop."Bloodworth asked her what happened once she got inside
the Yes Deer Lounge at about 10:45 a.m. on July 8, 2008. "Anytime
that I had her with me I always brought her inside," Nichols said. "I
don't understand why that day why I didn't. I don't know."Nichols said she had
the windows half way down and the door locked. Nichols
said checked her schedule and began to socialize and forgot she'd
brought her daughter. At 11:11 a.m, she said she went to her car, and
did not notice her daughter's car seat located behind the driver's seat.
"I just went to my car to get cigarettes on my front passenger seat," Nichols said.
She later told Art Bieber, assistant district attorney she didn't check on the child at that time.
"I didn't remember she was in the car so why would I check on her," Nichols said tearfully.After
going back inside Yes Deer, leaving with Richard Watts to the Speakeasy
and Enterprise Rentals and returning to Yes Deer, Nichols said her
daughter never crossed her mind."I forgot I had her with me," Nichols said.
"It was not a matter of not caring. I just forgot."At
one point Nichols got into her car and left to go to a gas station on
Cunningham Road to get a soda. She said she didn't notice her daughter
in the backseat during the three minutes she left and came back.
"I would've called the ambulance when I realized it," Nichols said.
When confronted about the "lies" she told police, Nichols said she told the lies
because she was "ashamed.""I
told them what I should've done," Nichols said choking back tears. "It
was stupidity. I thought it would be less consequences I guess. I don't
get in trouble so I really don't know the rules on that."Nichols said she had no
idea she could be tried with first degree murder.Bieber went through the statement
she gave police and picked out several things she claimed happened.Nichols
admitted she never fed the baby, changed the baby's diaper or any of the things
she said she'd done."I lied because I was scared," Nichols said. Nichols
said she made arrangements for a babysitter and got inside her car to
drive her to the Dodge's Chicken Store parking lot to meet the
babysitter."When I went to leave I was getting in the
drivers seat and I saw her," She said. Nichols said she brought Faith to
babysitter, Tabitha Parker and asked Parker to call 911 when she saw
she wasn't breathing. "I was hysterical, " Nichols said. An
ambulance took Faith to the hospital and a separate ambulance took
Nichols to the hospital. it was in the waiting room Nichols said she and
Parker were informed Faith had died. Later in the day, Bieber asked Nichols what she
should've done. "I never should've left her in the car, " Nichols said dissolving into tears. " Nichols
mother, Elizabeth Cain, also testified this morning stating Nichols was
a good loving mother and had never shown hostility toward Faith.
Elizabeth Cain said her daughter took care of Faith.The father,
a soldier had not been a part of Nichols or Faith's life since the February 2008 divorce.
"The only time he was involved is they had to bring him back from
overseas so he could sign off on her being cremated so we could keep her
with us," Cain said.Cain said Faith was always clean and healthy. "She
loved her," Cain said, as a picture of smiling Nichols and infant Faith
was posted. "I don't know how many mornings we woke up and she fell
asleep with her in her arms on the couch instead of putting her down."
James "Jim" Cain, Nichols' father also testified, reminiscing on the love he had for his granddaughter.James
Cain, a District Chief at the Clarksville Fire Department, said he was
available to watch Faith that day and had babysat her in the past."Her
chubby little feet," James Cain said. "I used to mess with ehr a lot.
She had a little mean streak in her but I could get her to laugh pretty
easily. She was my first grand child. She was a big deal..."
James Cain said Nichols was dressed up on July 8 and told him she was going
on job interviews.Karen Snyder, who does a jail ministry also testified in behalf of Nichols.
She said she'd been in contact with Nichols' weekly for more than a year.
"She said she'd have rather it been her than her baby,"
Snyder said about Nichols feelings about the child's death.

State's final witness

Dr. Sandra Thomas, a medical examiner, was the last witness to testify for
the state and explained the report prepared by Tennessee Medical
Examiner Bruce Levy.Thomas said the cause of Faith's death was hyperthermia.Bieber
let Thomas review Nichols' statement in which she told police she
checked on the baby at 10:45 a.m. and several times throughout the day
and said she was alive and breathing.Thomas said the time of death could not be determined,
but with 90-degree temperatures, a baby could not survive long."On
a hot day the temperature would rise rapidly," Thomas said. "It would
cause a baby to reach extremely high body temperatures very rapidly. The
baby could not have survived say more than an hour in those
temperatures.”The autopsy also showed Faith was not fed, as Nichols had told police.
She died with an empty stomach, Thomas said.

TN mom sent to prison for baby's hot car death
Associated Press
Published Wednesday, September 8, 2010

CLARKSVILLE, Tenn. - A Clarksville mother was sentenced to 18 years in prison after she was convicted in the death of her infant daughter who was left in a hot car.

Circuit Judge John H. Gasaway announced the sentence Tuesday for 26-year-old Cortni Lee Nichols after she was found guilty by a jury in July of aggravated child neglect and second-degree murder. Her daughter, Faith Ann, was left in a hot car for six hours in July 2008.

The Clarksville Leaf-Chronicle reported Nichols cried during the sentencing hearing as she looked at letters of support from her family. She said she plans to get a college degree while in prison.