Amy L. Edwards | Sentinel Staff Writer
9:39 AM EDT, June 3, 2008

BARTOW - A judge has denied a request from one of the eight teens charged in the videotaped beating of a Polk County girl to be allowed to talk about the case publicly and travel.

As part of her pretrial release conditions, Mercades Nichols, 17, has been on home confinement with a curfew and is not allowed to make oral or written statements about the beating. She also is not allowed to use Internet chat rooms, MySpace or YouTube.

During a hearing in Polk County Circuit Court this morning, defense attorney James M. Holz told Judge Keith Spoto that Nichols “wants her voice to be heard.”

Holz said the alleged victim and others are openly discussing the case and Nichols cannot defend herself because of the pretrial release conditions.

In his motion, Holz also requested Spoto delete Nichols’ house arrest conditions and allow her to get a job.

Nichols spoke briefly during the hearing, but most of what she told the judge was inaudible to reporters seated in the courtroom.

Spoto denied the motion for Nichols to travel and to talk about the case publicly. The judge did, however, lift her house arrest and said she could gain employment.

Spoto also said Nichols must remain on a curfew.

After the hearing, Nichols’ mother, Christina Garcia, said her daughter wanted the opportunity to talk to the local media about the case.

“She wanted to get her side out there,” Garcia said. “I’m not happy with this decision.”

Holz said he “humbly” disagreed with Spoto’s decision, but was satisfied that Nichols does not have to remain on house arrest.

Holz said Nichols can go to church and “be 17 again.”

Polk County sheriff’s officials have said Nichols and seven other teens participated in the March 30 beating of Victoria “Tori” Lindsay at Nichols’ grandmother’s home, an attack they reportedly videotaped for the Web.

Sheriff’s officials said Lindsay suffered a concussion and other injuries from the repeated blows during the attack, which has made national headlines.

Nichols and co-defendants April Cooper, Brittni Hardcastle, Kayla Hassall, whose last name was originally misspelled in legal documents, Brittany Mayes, Cara Murphy, Zachary Ashley, and Stephen Schumaker, 18, face charges of battery and kidnapping. Nichols, Hardcastle and Mayes also face a count of tampering with a witness.

The Dr. Phil television show paid for Nichols’ release from jail on bail.

Source: http://www.orlandosentinel.com/news/local/crime/orl-bk-cheerleader-beating-060308,0,7972578.story