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Context of 'January 3, 1997: Lawyers for Oklahoma City Bombing Defendants Accuse Government of Misconduct, Destroying Exculpatory Evidence'

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The logo of ‘The Spotlight’ magazine.The logo of ‘The Spotlight’ magazine. [Source: Liberty Lobby (.org)]Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992 and 8:35 a.m. - 9:02 a.m. April 19, 1995) obtains a telephone debit card sold under the auspices of the racist, separatist magazine The Spotlight. The card is issued under the name “Darrell Bridges” (or perhaps “Daryl”). McVeigh will later use this card to place telephone calls to alleged co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, and October 12, 1993 - January 1994) in the final days before the bombing (see April 13, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). McVeigh will “recharge” the card by sending money orders to The Spotlight. [Stickney, 1996, pp. 160; PBS Frontline, 1/22/1996] Author Brandon M. Stickney will later place the time of the card purchase in the “early months of 1994,” not in August, as other sources claim. [Stickney, 1996, pp. 160]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Brandon M. Stickney

Timeline Tags: US Domestic Terrorism

Timothy McVeigh, planning to bomb a federal building in Oklahoma City (see September 13, 1994 and 8:35 a.m. - 9:02 a.m. April 19, 1995) and currently staying with a friend, Kevin Nicholas, in Michigan (see December 18, 1994), goes to a gun show in Grand Rapids, Michigan, with Nicholas. Before going to the show, McVeigh buys a Pontiac station wagon from James Nichols, the brother of his fellow conspirator Terry Nichols (see October 12, 1993 - January 1994), to use in place of his damaged Chevrolet Spectrum. On January 8, McVeigh tells his father he is driving to Utah (see January 1995), but later tells his father he went to Arizona instead of Utah. [PBS Frontline, 1/22/1996]

Entity Tags: James Nichols, Kevin Nicholas, Timothy James McVeigh, William (“Bill”) McVeigh

Timeline Tags: US Domestic Terrorism

A 1977 Mercury Marquis similar to that owned by Timothy McVeigh.A 1977 Mercury Marquis similar to that owned by Timothy McVeigh. [Source: Classic Cars (.com)]Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) visits Oklahoma City and finds a place to leave a car after he bombs the Murrah Federal Building. He has left Kingman, Arizona, and stayed overnight at a motel in Amarillo, Texas. McVeigh arrives in Oklahoma City around noon, and does not drive by the Murrah Building, but instead finds the drop site for his getaway car. [PBS Frontline, 1/22/1996]
Buys Getaway Car - He then drives to Kansas, inspects his explosives stored in a Herington storage unit (see September 22, 1994 and (February 20, 1995)), and notes that his Pontiac is blowing smoke and stalling out, most likely from a blown head gasket. After making a quick run to a storage shed in Council Grove, Kansas, taking some of the explosive materials from that shed and combining them with the materials in the Herington unit, he buys a 1977 Mercury Marquis as a getaway vehicle from Thomas Manning, who owns a Firestone dealership in Junction City, Kansas. (McVeigh is using a similar plan to those executed by the Aryan Republican Army, or ARA, which uses “junk” cars to make their getaways after robbing banks—see 1992 - 1995. McVeigh has some affiliations to the ARA—see December 1994.) McVeigh trades in his deteriorating 1983 Pontiac station wagon (see January 1 - January 8, 1995) and $250 cash for the Mercury, telling Manning that he needs a “cheap car” to “get me to Michigan.” Manning, who recognizes McVeigh from his days as a soldier at Fort Riley (see March 24, 1988 - Late 1990), has the Mercury, which he bought eight days ago for $150 and is planning to use for parts. Others at the dealership have used it for local errands, and they had worked on its transmission and other elements. McVeigh agrees to pay $300 cash, but when he tells Manning he will not have enough money to get back to Michigan, Manning knocks $50 off the price for McVeigh. McVeigh has Manning send the service form to the Nichols’s farm address in Decker, Michigan, and the bill of sale to his postal drop in Kingman, Arizona. “It doesn’t matter,” McVeigh tells Manning, “because I’m going to junk the Mercury out when I get to Michigan.” On the sale form, he lists his employer as the US Army, and claims he is still stationed at Fort Riley. Firestone mechanic Art Wells does some work on the Mercury to ensure it is road-ready, including swapping out a bald rear tire for a spare. McVeigh’s old Pontiac is later taken to a local junkyard and then confiscated by investigators. [New York Times, 4/22/1995; New York Times, 4/30/1995; New York Times, 12/3/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 127-130; Douglas O. Linder, 2001] McVeigh buys an oil filter from a WalMart in Arkansas City, Kansas, near the state line, around 6 p.m. on April 13, and on the 14th, swaps the damaged Pontiac and $250 for the Mercury. Nichols tries to return the filter to another WalMart on April 15. The receipt will later be found in Nichols’s wallet; it bears the fingerprints of both McVeigh and Nichols. [PBS Frontline, 1/22/1996; New York Times, 11/4/1997; Serrano, 1998, pp. 127]
Arranges Truck Rental - While Wells is prepping the Mercury, McVeigh goes to a pay phone in front of a nearby bus depot and makes two phone calls using a Spotlight telephone card (see August 1994). The first is to Nichols’s home in Herington, and lasts less than a minute. The second is to Elliott’s Body Shop in Junction City to inquire about the rental rates for a large Ryder truck capable of carrying 5,000 pounds of cargo (see April 15, 1995). He uses the alias “Bob Kling” (see Mid-March, 1995). Office clerk Vicki Beemer will later recall McVeigh asking how many pounds a 15-foot truck would hold; when she tells him around 3,400 pounds, he tells her, “I need a truck that will hold 5,000 pounds.” Beemer informs him he needs a 20-foot truck. She tells him he can reserve such a truck, but he will have to put down a deposit on April 15 or he cannot have the truck by April 17, as the shop is closed on Easter Sunday, April 16. McVeigh agrees, and walks back to the Firestone dealership, where he puts the Arizona license plate from the Pontiac onto the Mercury. He puts his belongings into the Mercury and drives away. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 130-131]
Rents Room - McVeigh then rents a room at a local motel, in which he will stay until he makes his final trip to Oklahoma City to deliver the bomb (see April 13-14, 1995).

Entity Tags: Terry Lynn Nichols, Elliott’s Body Shop (Junction City, Kansas), Aryan Republican Army, Timothy James McVeigh, Thomas Manning, Vicki Beemer, Art Wells

Timeline Tags: US Domestic Terrorism

Elliott’s Body Shop in Junction City. Two Ryder trucks similar to the one rented by McVeigh are visible.Elliott’s Body Shop in Junction City. Two Ryder trucks similar to the one rented by McVeigh are visible. [Source: Luogocomune (.net)]Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, April 13, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995) rents a Ryder panel truck from Elliott’s Body Shop in Junction City, Kansas. McVeigh uses the alias “Robert [or Bob] Kling” (see Mid-March, 1995). [CNN, 5/9/1997; Serrano, 1998, pp. 132; Douglas O. Linder, 2001] McVeigh wants a one-way rental of a 20-foot Ryder and a hand truck. He says he intends to drop off the Ryder and the hand truck in Omaha, Nebraska. McVeigh pays in cash. He pays the entire rental fee of $280.32 instead of a mere deposit, so he will be able to get in and out of the store quickly on April 17, when he intends to pick up the truck, and is adamant that he needs the truck by 4:00 p.m. He declines insurance, telling store owner Eldon Elliott he does not need it because he is a truck driver for the Army. Elliott gives McVeigh two days free because he believes McVeigh is in the military. McVeigh will later tell his lawyers that the employee who rents the truck to him, presumably Elliott, is “a dumb guy,” though he could be referring to Elliott’s employee Tom Kessinger, who is also involved in the transaction. McVeigh drives back to the Dreamland Motel in Junction City, and returns the oil filter he bought from WalMart the day before. [PBS Frontline, 1/22/1996; New York Times, 1/13/1997; Serrano, 1998, pp. 133] A chronology prepared by McVeigh’s lawyers will later state that McVeigh buys a car battery, not an oil filter. [PBS Frontline, 1/22/1996] The New York Times will later erroneously report that McVeigh uses the alias “William B. Kling” to rent the truck, not “Robert Kling” (see Mid-March, 1995). [New York Times, 4/23/1995] An unidentified man, later designated as “John Doe No. 2” by federal authorities (see April 20, 1995), is apparently with McVeigh. The man will later be described as being of medium build and having a tattoo on one arm. Authorities will not determine his identity, and will remain unsure if this man was actually with McVeigh or merely another customer. [New York Times, 4/26/1995; Mickolus and Simmons, 6/1997, pp. 810]

Entity Tags: New York Times, Elliott’s Body Shop (Junction City, Kansas), Terry Lynn Nichols, Timothy James McVeigh, Eldon Elliott, Tom Kessinger

Timeline Tags: US Domestic Terrorism

The Alfred P. Murrah Building after being bombed.The Alfred P. Murrah Building after being bombed. [Source: CBS News]A truck bomb destroys the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people in America’s worst domestic terrorist attack. Timothy McVeigh, later convicted in the bombing, has ideological roots both in the Patriot world and among neo-Nazis like William Pierce, whose novel, The Turner Diaries (see 1978), served as a blueprint for the attack. [Washington Post, 4/20/1995; Southern Poverty Law Center, 6/2001; Clarke, 2004, pp. 127] Initially, many believe that no American set off the bomb, and suspect Islamist terrorists of actually carrying out the bombing (see 10:00 a.m. April 19, 1995 and After). Their suspicions prove groundless. Investigators will find that the bomb is constructed of some 5,000 pounds of ammonium nitrate and fuel oil, carried in 20 or so blue plastic 55-gallon barrels arranged inside a rented Ryder truck (see April 15, 1995). The bomb is detonated by a slow-burning safety fuse, most likely lit by hand. The fuse is attached to a much faster-burning detonation cord (“det cord”) which ignites the fertilizer and fuel-oil mixture. [New York Times, 4/27/1995] The Murrah Federal Building houses a number of federal agencies, including offices for the Bureau of Alcohol, Tobacco and Firearms (BATF); the Social Security Administration; the Housing and Urban Development (HUD), Veterans Affairs, and Agriculture departments; and the Secret Service. [Washington Post, 4/20/1995] It encompasses an entire city block, between 5th and 4th Streets and Harvey and Robinson Streets, and features a U-shaped, indented drive on 5th that allows for quick pickup and delivery parking. The entire building’s facade on this side is made of glass, allowing passersby to see into the offices in the building, as well as into the America’s Kids day care center on the second floor, which by this time is filling with children. It is in this driveway that McVeigh parks his truck. [Serrano, 1998, pp. 99-102]
Entering the City - McVeigh drives into Oklahoma City, entering around 8:30 a.m. from his overnight stop in Ponca City, Oklahoma; the details reported of his entrance into the city vary (see 7:00 a.m. - 8:35 a.m., April 19, 1995). At 8:55 a.m., a security camera captures the Ryder truck as it heads towards downtown Oklahoma City [Douglas O. Linder, 2006] , a sighting bolstered by three people leaving the building who later say they saw the truck parked in front of the Murrah Building around this time. At 8:57, a security camera captures an image of McVeigh’s Ryder truck being parked outside the Murrah Building in a handicapped zone. One survivor of the blast, Marine recruiter Michael Norfleet, later recalls seeing the Ryder truck parked just outside the building next to the little circle drive on 5th Street leading up to the main entrance of the building. Norfleet had parked his black Ford Ranger in front of the Ryder.
McVeigh Lights Fuses - McVeigh drives the Ryder truck west past the Murrah Building on NW Fourth Street, turns north on a one-way street, and turns right on Fifth Street. He pulls the truck over and parks near the Firestone store, next to a chain-link fence. He then lights the five-minute fuses from inside the cab (see 8:15 a.m. and After, April 18, 1995), sets the parking brake, drops the key behind the seat, opens the door, locks the truck, exits, and shuts the door behind him. A man later claims to have hit his brakes to avoid someone matching McVeigh’s description as he crossed Fifth Street around 9:00 a.m. McVeigh walks quickly toward a nearby YMCA building where he has hidden his getaway car, a battered yellow Mercury Marquis (see April 13, 1995), in the adjoining alleyway, crossing Robinson Street and crossing another street to get to the alleyway. He begins to jog as he approaches his car. He later says he remembers a woman looking at him as she is walking down the steps to enter the building; he will describe her as white, in her mid-30s, with dirty blonde hair. According to McVeigh’s own recollection, he is about 20 feet into the alley when the bomb goes off. [Stickney, 1996, pp. 184-185; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 158; Douglas O. Linder, 2006; The Oklahoman, 4/2009]
Truck Explodes - At 9:02 a.m., the truck explodes, destroying most of the Murrah Building and seriously damaging many nearby buildings. Eventually, it will be determined that 168 people die in the blast, including 19 children. Over 500 are injured. The children are in the second-story day care center just above the parking space where McVeigh leaves the Ryder truck. McVeigh will later tell his biographers that he is lifted off his feet by the power of the blast.
Devastation and Death - When the bomb detonates, the day care center and the children plummet into the basement. The building, constructed with large glass windows, collapses, sending a wave of flying glass shards and debris into the building and the surrounding area. The oldest victim is 73-year-old Charles Hurlbert, who has come to the Social Security office on the first floor. Hurlbert’s wife Jean, 67, also dies in the blast. The youngest victim is four-month-old Gabeon Bruce, whose mother is also in the Social Security office. One victim, Rebecca Anderson, is a nurse who runs towards the building to render assistance. She never makes it to the building; she is struck in the head by a piece of falling debris and will die in a hospital four days after the blast. Her heart and kidneys will be transplanted into survivors of the bombing. [Denver Post, 6/3/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 153-154; Oklahoma City Journal Record, 3/29/2001] Sherri Sparks, who has friends still unaccounted for in the building, tells a reporter in the hours after the blast, “Oh, I can’t stand the thought of… those innocent children, sitting there playing, thinking they’re safe, and then this happens.” The explosion leaves a 30-foot-wide, 8-foot-deep crater in the street that is covered by the wreckage of the building’s upper floors. The north face of the nine-story building collapses entirely. [Washington Post, 4/20/1995; Washington Post, 4/22/1995] Mary Heath, a psychologist who works about 20 blocks from the Murrah Building, says the blast “shook the daylights out of things—it scared us to death. We felt the windows shake before we heard the noise.” In a neighboring building, a Water Resources Board meeting is just commencing; the audiotape of the meeting captures the sound of the blast (see 9:02 a.m. and After, April 19, 1995). [Washington Post, 4/20/1995; The Oklahoman, 4/2009] Norfleet, trapped in the Marine Corps office, is thrown into a wall by the explosion. His skull is fractured, and a shard of glass punctures his right eye. Three separate arteries are pierced, and Norfleet begins bleeding heavily. Two supply sergeants in the office are far less injured; Norfleet asks one, “How bad am I hurt?” and one replies, “Sir, you look really bad.” One of the two begins giving Norfleet first aid; Norfleet later recalls: “He immediately went into combat mode and started taking care of me. He laid me on a table and he started looking for bandages to administer first aid. And while I was laying on that table, I just knew that I was losing strength and that if I stayed in the building, I would die.” Norfleet wraps a shirt around his head and face to slow the bleeding, and the two sergeants help him to the stairs, through the fallen rubble, and eventually out. Norfleet will later say that he follows “a blood trail of somebody that had gone down the steps before me” to get outside, where he is quickly put into an ambulance. He loses almost half his body’s blood supply and his right eye. He will never fly again, and will soon be discharged for medical incapacity. [Serrano, 1998, pp. 161-162] Eighteen-month-old Phillip Allen, called “P.J.” by his parents, miraculously survives the blast. The floor gives way beneath him and he plunges 18 feet to land on the stomach of an adult worker on the floor below, Calvin Johnson. Landing on Johnson’s stomach saves P.J.‘s life. Johnson is knocked unconscious by the blast and by the impact of the little boy falling on him, but when he awakes, he carries the toddler to safety. P.J.‘s grandfather calls the child “Oklahoma’s miracle kid,” and media reports use the label when retelling the story of the miraculous rescue. P.J. is one of six children in the day care center to survive the blast. [Stickney, 1996, pp. 275-277] Some people later report their belief that the Murrah Building was rocked by a second explosion just moments after the first one, the second coming from a secure area managed by the Bureau of Alcohol, Tobacco and Firearms (BATF) that illegally stored explosives. Law professor Douglas O. Linder will later write, “Both seismic evidence and witness testimony supports the ‘two blast theory.’” [Douglas O. Linder, 2006] That theory is later disputed (see After 9:02 a.m. April 19, 1995).
Explosion's Effects Felt Miles Away - Buildings near the Murrah are also damaged, seven severely, including the Journal Record newspaper building, the offices of Southwestern Bell, the Water Resources Board, an Athenian restaurant, the YMCA, a post office building, and the Regency Tower Hotel. Two Water Resources Board employees and a restaurant worker are killed in the blast. The Journal Record building loses its roof. Assistant Fire Chief Jon Hansen later recalls, “The entire block looked like something out of war-torn Bosnia.” Every building within four blocks of the Murrah suffers some effects. A United Parcel Service truck 10 miles away has its windows shattered by the blast. Cars in parking lots around the area catch fire and burn. Millions of sheets of paper, and an innumerable number of glass shards, shower down for hundreds of feet around the building. [Stickney, 1996, pp. 28-30]
Truck Axle Crushes Nearby Car - Richard Nichols (no relation to bomber Timothy McVeigh’s co-conspirator Terry Nichols), a maintenance worker standing with his wife a block and a half away from the Murrah Building, is spun around by the force of the blast. They throw open the back door of their car and begin taking their young nephew Chad Nichols out of the back seat, when Richard sees a large shaft of metal hurtling towards them. The “humongous object… spinning like a boomerang,” as Richard later describes it, hits the front of their Ford Festiva, smashing the windshield, crushing the front end, driving the rear end high into the air, and sending the entire car spinning backwards about 10 feet. Chad is not seriously injured. The metal shaft is the rear axle of the Ryder truck. Later, investigators determine that it weighs 250 pounds and was blown 575 feet from where the truck was parked. Governor Frank Keating (R-OK) points out the axle to reporters when he walks the scene a day or so later, causing some media outlets to incorrectly report that Keating “discovered” the axle. The scene will take investigators days to process for evidence. [Stickney, 1996, pp. 32; New York Times, 6/3/1997; Serrano, 1998, pp. 187-189]
First Responders Begin Arriving - Within minutes, survivors begin evacuating the building, and first responders appear on the scene (see 9:02 a.m. - 10:35 a.m. April 19, 1995).
McVeigh's Getaway - McVeigh flees the bomb site in his Mercury getaway car (see 9:02 a.m. and After, April 19, 1995), but is captured less than 90 minutes later (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).

The sketches of “John Doe No. 1” and “John Doe No. 2” as released by the FBI.The sketches of “John Doe No. 1” and “John Doe No. 2” as released by the FBI. [Source: The Oklahoman]The FBI releases sketches of the two men believed to be responsible for the Oklahoma City bombing the day before (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The men are identified as “John Doe No. 1” and “John Doe No. 2.” [Indianapolis Star, 2003; The Oklahoman, 4/2009] The sketches are based on interviews with witnesses in Oklahoma City and in Kansas (see April 15, 1995). FBI agent Raymond Rozycki speaks to three employees at Elliott’s Body Shop in Junction City, Kansas, who give him most of the details used to compile the sketches (see April 13, 1995 and April 15, 1995). [Fox News, 4/13/2005] Additionally, Attorney General Janet Reno announces a $2 million reward for information leading to the capture and conviction of the bombers. [Mickolus and Simmons, 6/1997, pp. 809] The sketches are released on the authority of lead FBI agent in charge Weldon Kennedy (see After 9:02 a.m., April 19, 1995). In the following days, updated sketches are released, showing “John Doe No. 2” in profile and wearing a baseball cap with lightning streaks on the side. [Serrano, 1998, pp. 193, 261]
One Identified within a Day; Second Never Identified, May Not Exist - Within a day, “John Doe No. 1” is identified as Timothy McVeigh (see April 21, 1995). Lea McGown, the owner of the Dreamland Motel in Junction City, Kansas, speaks to FBI agents and recognizes “Robert Kling” as “Tom McVeigh,” a man who stayed in the motel the week before (see April 13, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). McVeigh had checked into Room 25 on Friday, April 14, she says, and stayed through the weekend. She also remembers McVeigh driving a large Ryder truck to the motel. “John Doe No. 2,” described as a stocky, swarthy man with a lantern jaw and a tattoo on his arm, will never be conclusively identified (see June 14, 1995). Agents seal off Room 25 and begin going over it for forensic evidence. [New York Times, 4/24/1995; New York Times, 6/3/1997; Serrano, 1998, pp. 194; Indianapolis Star, 2003] In 1998, author Richard A. Serrano will characterize “John Doe No. 2” as the man who “either got away with the biggest crime in US history or is a man who never lived.… Discounting the crank or ‘hysterical’ sightings (see February 17, 1995 and After, April 13, 1995, April 15, 1995, April 15, 1995, 3:00 p.m. April 17, 1995, 3:00 - 5:00 p.m. April 17, 1995, 9:00 p.m. April 17, 1995, 8:00 a.m. April 18, 1995, April 18, 1995, and (1:00 a.m.) April 19, 1995), only three people ever saw John Doe No. 2. Eldon Elliott, Vicki Beemer, and Tom Kessinger, the three Ryder employees (see April 13, 1995 and April 15, 1995), would recall only minor details about the man, and their recollections were as shadowy as his face.” Beemer will later say: “They were both in the office. I really don’t recall what the other guy—he was in there, but I don’t really recall where he was standing exactly.” [Serrano, 1998, pp. 259-260]
False Sightings - Bogus sightings and detentions will abound after the sketches of “John Doe No. 2” are released. In Georgia, motorist Scott Sweely is stopped by a local sheriff and ordered to crawl out of his car window and lie facedown on the asphalt. Someone at a gas station told local police that Sweely looked like the sketch of Doe No. 2. Sweely is taken into custody and grilled by federal agents for four hours before being released. In Minnesota, a man resembling Doe No. 2 is arrested at gunpoint at the Mall of America. In California, a man AWOL from the US Army is rousted from his home and transferred to Los Angeles, where crowds scream and demand “justice” be carried out against him. A former Army friend of McVeigh’s, Roger L. Barnett (see January - March 1991 and After and January - March 1991 and After), is considered a possible Doe No. 2. Barnett resembles the descriptions of the supposed accomplice—he is stocky and has a skull-and-crossbones tattoo on his arm. He also lives near the Arkansas state line, close to the gun dealer whom alleged co-conspirator Terry Nichols robbed to help finance the bombing (see November 5, 1994). However, time cards from his workplace show Barnett was at work the entire week of the bombing, and he passes a lie detector test. Another Army friend, Ray Jimboy, now working as a fry cook in Okemah, Oklahoma, is briefly considered a possibility, but a lie detector test clears him. For a time, Joshua Nichols, Terry Nichols’s son, is considered a possible Doe No. 2, though Joshua is 13 years old. The FBI is bombarded with calls; one husband even tells agents that the Doe No. 2 sketch is his wife. [Serrano, 1998, pp. 260-262]

Entity Tags: Janet Reno, Vicki Beemer, Elliott’s Body Shop (Junction City, Kansas), Federal Bureau of Investigation, Eldon Elliott, Dreamland Motel (Junction City, Kansas), Tom Kessinger, Timothy James McVeigh, Weldon Kennedy, Scott Sweely, Raymond Rozycki, Lea McGown, Ray Jimboy, Richard A. Serrano, Joshua Nichols, Roger L. Barnett, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

James Nichols (see April 21, 1995 and After and April 25, 1995), the brother of accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is released on his own recognizance from a Michigan federal prison. Nichols has been held on charges of conspiring with his brother and accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995) to make bombs in Michigan, where he owns a farm in Decker. “If released, this defendant poses a risk of flight and a danger to the community,” Assistant United States Attorney Robert Cares tells Judge Paul Borman, citing his belief that Nichols had “prior knowledge” of the bombing. Defense lawyer Robert R. Elsey says Nichols is nothing more than an ordinary farmer, and brings a number of neighbors to the proceeding to vouch for Nichols’s character. Borman rules that there is not enough evidence to hold Nichols on the charges; says that he is not a threat to the public nor a flight risk, ruling, “There is not an iota of evidence of dangerous acts towards others”; and orders Nichols released into the custody of neighbors. Nichols will wear an electronic device to monitor his movements—he is under a curfew and restricted to moving in a small group of Michigan counties—and is ordered to stay away from explosives and firearms. Nichols has been held without bail since his Decker farmhouse was raided on April 21 (see April 21, 1995 and After). He was indicted in early May (see May 9, 1995) by a grand jury on charges of conspiring with McVeigh and his brother to make, store, and detonate bombs on his farm. Nichols was never charged in direct connection with the Oklahoma City bombing; in today’s hearing, Borman focused on the Michigan charges, and refused to allow the prosecution to tie Nichols to the Oklahoma City bombing without more evidence. Government prosecutors argued that Nichols should remain in jail because of his ties to the two subjects. Cares suggested that the “bottle bombs” that Nichols has admitted setting off with his brother and McVeigh were an “experiment” that served as a prelude to the 5,000-pound truck bomb in Oklahoma. Cares told the court: “James Nichols himself engaged in rhetoric of violence. If it was just rhetoric, we wouldn’t be here today. But he and Terry Nichols and Timothy McVeigh turned those words into action.” FBI agent Patrick Wease testified that a confidential source told him that Nichols said a group called the Patriots would take over the government by force. Wease testified that Nichols told the witness the Patriots “would be involved in the killing of cops, judges, and lawyers.” Elsey will argue at an upcoming hearing that all charges against Nichols be dropped. For his part, Nichols says he harbors no resentment towards the government, and says he wants to go home and plant his soybeans. He declines reporters’ requests to discuss his brother. Of the bombing itself, Nichols says: “It’s a bad tragedy, and everyone should cooperate—and I’m cooperating fully—to get to the bottom of it.” Elsey says Nichols’s anti-government views have been exaggerated. “He just believes the government in many instances is behaving beyond the norms of the constitution, and the limitations of the constitution,” Elsey says. “His alleged animosity to the government was ill-stated by himself.” Elsey adds that Nichols made some anti-government comments during a contentious divorce. [New York Times, 5/22/1995; New York Times, 5/23/1995; Serrano, 1998, pp. 235-236] In August, federal prosecutors will drop charges against Nichols concerning his manufacture of explosives on his farm. [New York Times, 8/11/1995] Nichols will be given a hero’s welcome when he returns to Decker, where many consider him an unwarranted victim of government persecution and a scapegoat for a bombing conspiracy that they believe was carried out by the government itself. [Stickney, 1996, pp. 193-194]

Entity Tags: Robert R. Elsey, James Nichols, Federal Bureau of Investigation, Patrick Wease, Robert Cares, Timothy James McVeigh, Paul Borman, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

A federal grand jury indicts Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on 11 counts of murder and conspiracy. Neither McVeigh nor Nichols are present during the hearing. The grand jury is only empowered to bring federal charges; the eight murder charges are in regards to the eight federal agents slain in the bombing: Secret Service agents Mickey Maroney, Donald Leonard, Alan Whicher, and Cynthia Campbell-Brown; DEA agent Kenneth McCullough; Customs Service agents Paul Ice and Claude Madearis; and Paul Broxterman, an agent in the Office of the Inspector General at the Department of Housing and Urban Development. Both Nichols and McVeigh are expected to face 160 counts of murder brought by the state of Oklahoma; both will plead not guilty to all counts of the indictment (see August 15, 1995). The indictment levels the following charges:
bullet on September 30, 1994, McVeigh and Nichols purchased 40 50-pound bags of ammonium nitrate (2,000 pounds in total, or one ton) in McPherson, Kansas, under the alias “Mike Havens” (see September 30, 1994);
bullet on October 1, 1994, McVeigh and Nichols stole explosives from a storage locker in Marion, Kansas (the actual date of the theft is October 3—see October 3, 1994);
bullet on October 3-4, 1994, McVeigh and Nichols transported the stolen explosives to Kingman, Arizona, and stored them in a rented storage unit (see October 4 - Late October, 1994);
bullet on October 18, 1994, McVeigh and Nichols bought another ton of ammonium nitrate in McPherson, Kansas, again using the “Mike Havens” alias (see October 18, 1994);
bullet in October 1994, McVeigh and Nichols planned the robbery of a firearms dealer in Arkansas as a means to finance the bombing, and on November 5 they “caused” firearms, ammunition, coins, cash, precious metals, and other items to be stolen from gun dealer Roger Moore (see November 5, 1994);
bullet on December 16, 1994, McVeigh drove with Michael Fortier to Oklahoma City and identified the Murrah Federal Building as the target of the upcoming bombing (see December 16, 1994 and After);
bullet in March 1995 McVeigh obtained a driver’s license in the name of “Robert Kling,” bearing a date of birth of April 19, 1972 (see Mid-March, 1995);
bullet on April 14, 1995, McVeigh bought a 1977 Mercury Marquis in Junction City, Kansas, called Nichols in Herington, Kansas, used the “Kling” alias to set up the rental of a Ryder truck capable of transporting 5,000 pounds of cargo, and rented a room in Junction City (see April 13, 1995);
bullet on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
bullet on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
bullet on April 18, 1995, at Geary Lake State Park in Kansas, McVeigh and Nichols constructed the truck bomb using barrels filled with ammonium nitrate, fuel, and other explosives, and placed the cargo in the compartment of the Ryder truck (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995);
bullet on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
bullet on April 19, 1995, McVeigh “caused the truck bomb to explode” (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
The indictment accuses McVeigh and Nichols of plotting the bombing “with others unknown to the Grand Jury.” It does not mention the person identified earlier as “John Doe No. 2” (see June 14, 1995). The grand jury says it is confident others, as yet unidentified, also participated in the plot. Lead prosecutor Joseph Hartzler says: “The indictment mentions unknown co-conspirators. We will try to determine if there are others who aided and abetted this crime.” After the indictments are handed down, Attorney General Janet Reno says: “We will pursue every lead based on the evidence.… [M]ost of these leads have been pursued and exhausted.… [W]e have charged everyone involved that we have evidence of at this point.” Prosecutors say that while others may well have been involved, the plot was closely held between McVeigh and Nichols. US Attorney Patrick Ryan has already announced he will seek the death penalty against both McVeigh and Nichols (see July 11-13, 1995), a decision supported by Reno (see 4:00 p.m., April 19, 1995). A third conspirator, Michael Fortier, has pled guilty to lesser crimes regarding his involvement; Fortier has testified against McVeigh and Nichols in return for the lesser charges (see May 19, 1995 and August 8, 1995), and defense lawyers are expected to assail Fortier’s credibility during the trials (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995). Nichols’s lawyer Michael Tigar says, “Terry Nichols is not guilty of the allegations of which he is charged,” calls the case against his client “flimsy” and “irresponsible,” and accuses prosecutors of attempting to try his client “in the national media.” Periodically, Tigar holds up hand-lettered signs reading, among other messages, “Terry Nichols Wasn’t There” and “A Fair Trial in a Fair Forum.” Prosecutors have dropped all charges against Nichols’s brother James Nichols, who was indicted on three related explosive charges (see December 22 or 23, 1988, April 25, 1995, and May 11, 1995). US Attorney Saul A. Green says that “additional investigation failed to corroborate some of the important evidence on which the government initially relied.” [Washington Post, 8/11/1995; New York Times, 8/11/1995; Stickney, 1996, pp. 189-191; Mickolus and Simmons, 6/1997, pp. 811; Washington Post, 12/24/1997; Serrano, 1998, pp. 245; Douglas O. Linder, 2001] McVeigh’s lawyer, Stephen Jones, tells reporters after the hearing that he has been in contact with a man who, he says, told the government early in the fall of 1994 of plans to blow up federal buildings. This man, Jones says, was given a “letter of immunity” by the authorities in exchange for information involving a trip he had taken to Kingman, Arizona, Fortier’s hometown, and for information about his discussions with potential bombers whom, Jones says, the man had described as either “Latin American or Arab.” Jones refuses to identify the person to whom he is referring. [New York Times, 8/11/1995]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Geary State Fishing Lake And Wildlife Area, Cynthia Campbell-Brown, Alan Whicher, Stephen Jones, Donald Leonard, Claude Madearis, Roger E. (“Bob”) Moore, Saul A. Green, Paul Broxterman, Paul Douglas Ice, Janet Reno, James Nichols, Kenneth McCullough, Joseph H. Hartzler, Michael Joseph Fortier, Patrick M. Ryan, Mickey Maroney, Michael E. Tigar

Timeline Tags: US Domestic Terrorism

Defense lawyers in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) accuse prosecutors of misconduct in their handling of witness Thomas Manning, a Firestone tire store manager in Junction City, Kansas, who sold a car to accused bomber Timothy McVeigh days before the bombing (see April 13, 1995). Newly unsealed court documents reveal that Manning’s testimony has been a point of contention since November 1996. Manning has heart problems that might preclude his journeying to Denver to testify in McVeigh’s trial. A deposition was videotaped in Topeka on November 7. Manning had been interviewed eight times by government investigators and three times by defense investigators. His story remained essentially consistent regarding McVeigh’s arrival at his store at 9 a.m. with white smoke billowing from his Pontiac station wagon (see January 1 - January 8, 1995) and $300 in his pocket. But in the deposition, Manning added a detail: McVeigh left the store for 10 to 15 minutes and then returned. This absence could have given him time to make telephone calls that could connect him to the bombing, which killed 168 people. McVeigh’s lawyers say in a filing unsealed today: “If Timothy McVeigh had stayed at the Firestone dealership, as each of Mr. Manning’s previous statements suggest, he could not have placed the telephone calls that the government alleges were in furtherance of the conspiracy. This indicates that someone else placed the calls and that someone else committed the overt acts alleged in the indictment.” The defense is referring to calls found on McVeigh’s telephone credit card, issued under an alias, Darryl (or Daryl or Darrell) Bridges (see August 1994). The credit card record shows that someone made a 54-second call from the J & K Bus Depot, a block from the Firestone tire dealership, to co-conspirator Terry Nichols’s Herington, Kansas, home at 9:51 a.m. Two minutes later, a caller using the same credit card from the same telephone called the Ryder rental office in Junction City and talked for 7 minutes and 36 seconds. Prosecutors believe that during the second telephone call, McVeigh rented the Ryder truck used to deliver the bomb (see April 15, 1995). Defense lawyers now say that prosecutors concocted the detail about McVeigh leaving the Firestone store and returning. Michael Tigar, the lawyer for Nichols, says: “The government has a room at the Marriott Hotel in which witnesses are transmogrified. I wish I had a room where I could do that to people.” Lead prosecutor Joseph Hartzler says Manning never mentioned McVeigh’s departure to defense lawyers because they had never asked him about it. In papers filed by the prosecution, the defense is accused of not asking Manning about McVeigh’s departure because it was hoping Manning would not mention it. The defense’s decision to avoid the question, the prosecutors say, does not require government lawyers to disclose that they had asked the question in at least one of their interviews and had received an answer that tended to incriminate McVeigh. Other papers unsealed today reveal that defense lawyers have accused prosecutors of obstructing the defense’s investigation, and of destroying exculpatory evidence surrounding the still-unidentified “John Doe No. 2,” a person some suspect of being McVeigh’s accomplice on the day of the bombing (see April 20, 1995). Prosecutors have said they doubt “John Doe No. 2” has any connection to the bombing. The prosecution interviewed David Shafer, an Indiana seed company salesman, about Nichols and his brother James (see May 22, 1995), and decided not to use his testimony. Defense lawyers say Shafer “has been directed by the FBI to destroy notes concerning his recollection of these events.” [New York Times, 1/4/1997] Judge Richard P. Matsch refuses to bar the testimony of any witnesses challenged by the defense, and says there is no evidence that the FBI destroyed information or attempted to influence anyone’s recollections or testimonies. [New York Times, 2/21/1997]

Entity Tags: Michael E. Tigar, David Shafer, Federal Bureau of Investigation, Joseph H. Hartzler, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch, James Nichols, Thomas Manning

Timeline Tags: US Domestic Terrorism

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