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Context of 'May 22, 1997: McVeigh Defense Opens with Suggestion that ‘Real’ Bomber Killed in Blast'

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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).

Stephen Jones, the attorney representing accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says that an unidentified leg found in the rubble of the Murrah Federal Building might belong to “the real bomber.” [Indianapolis Star, 2003; Fox News, 4/13/2005] The leg and foot are clad in a combat boot. A medical examiner’s statement says in part: “This leg was clothed in a black military type boot, two socks, and an olive drab blousing strap. Anthropological analysis of this specimen reveals the individual to be light skinned, dark haired, probably less than 30 years of age, male (75 percent probability), and having an estimated height of 66 plus or minus three inches.” Examiner’s office official Ray Blackeney says that the leg was found on May 30, after the building was demolished (see 7:01 a.m. May 23, 1995). “I knew about it,” he says. “We all knew about it here at the Medical Examiner’s.” [New York Times, 8/7/1995; New York Times, 8/8/1995] Jones tells reporters: “There may be a logical explanation for the leg, but none comes to mind. There are no persons unaccounted for. It could have been a drifter nobody knows anything about. It could have been the individual that drove the vehicle used in the explosion. The third possibility is that this person was with the person driving [the vehicle].” [New York Times, 8/7/1995; Washington Post, 8/8/1995; New York Times, 8/8/1995] In late August, the examiner’s office will reveal that the leg belonged to an African-American female, contradicting portions of its earlier reporting. Frederick B. Jordan, the chief of the examiner’s office, will tell reporters, “DNA analysis by the FBI has shown conclusively that the left leg is not male but female.” Hair analysis has proven that the victim was African-American. Jones will tell reporters that the new information destroys any confidence one could have “in any of the forensic work in this case.” [New York Times, 8/31/1995] In February 1996, experts will determine that the leg belonged to a previously identified victim (see February 21, 1996 and February 24, 1996). [Fox News, 4/13/2005]

Entity Tags: Stephen Jones, Ray Blackeney, Murrah Federal Building, Frederick B. Jordan, Federal Bureau of Investigation, Timothy James McVeigh

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

Lawyers on both sides of the upcoming Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) agree to exhume the body of one of the 168 victims of the blast. The agreement to exhume the body of Lakesha Levy, an Air Force member killed in the explosion, is to determine whether the unidentified leg found in the rubble (see August 7, 1995) belongs to Levy. Defense lawyers for accused bomber Timothy McVeigh had at one time speculated that the leg might belong to “the real bomber,” but after DNA tests proved it belonged to an African-American female, those speculations ceased. Levy is buried in a New Orleans graveyard. Prosecutors say that their records show eight of the bombing victims were buried without their left legs. It is possible, they say, that Levy was buried with someone else’s leg. Levy’s body will be sent to an FBI forensics laboratory for investigation. [New York Times, 2/28/1996] The leg will be conclusively identified as Levy’s (see February 24, 1996).

Entity Tags: Federal Bureau of Investigation, Timothy James McVeigh, Lakesha Levy

Timeline Tags: US Domestic Terrorism

April 24, 1997: McVeigh Trial Opens

Opening statements are presented in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995).
Heavy Security - Security in and around the Byron Rogers Federal Building and Courthouse in Denver, where the trial is being held, is tight. Roads and sidewalks approaching the building are blocked off. Special credentials are needed to walk around certain areas inside the courthouse. Pedestrian traffic in and out of the federal office next door is constrained with a heavy police presence. Federal officers look under the hoods of cars and check beneath vehicles with mirrors on the streets surrounding the building. Concrete barriers prevent vehicles from getting too close to the building. Even the nearby manhole covers are sealed shut. [CNN, 4/17/1997; Serrano, 1998, pp. 274]
Jury Makeup - The jury (see March 31, 1997 and After) is composed of seven men and five women; their identities and personal information have been shielded so they can avoid being sequestered. Six alternate jurors—three men and three women—are also available. The jurors include a retired teacher, a registered nurse, an auto mechanic, a real estate manager, and a store manager who served in the Air Force. Several are military veterans. One said during jury selection that he hopes the trial will not turn McVeigh into another victim: “I believe there have been enough victims. We don’t need another one.” James Osgood, the jury foreman and store manager, believes in mandatory gun ownership. (Like the other members of the jury, Osgood’s identity will not be revealed until after the trial is concluded.) Several expressed their doubts and worry about being able to impose the death penalty if McVeigh is convicted. Some 100 potential jurors were screened to create this jury of 12 members and six alternates. As the trial commences, McVeigh greets the jury by saying, “Good morning.” He will not speak to them again during the trial. Judge Richard P. Matsch begins by saying: “We start the trial, as we are today, with no evidence against Timothy McVeigh. The presumption of innocence applies.” [Washington Post, 4/23/1997; New York Times, 4/23/1997; Serrano, 1998, pp. 275; Douglas O. Linder, 2001]
Prosecution: McVeigh a Cold, Calculating Terrorist - Lead prosecutor Joseph Hartzler begins with an emotional evocation of the bombing and the story of one of the victims, Tevin Garrett, a 16-month-old child who cried when his mother Helena Garrett left him at the Murrah Building’s day care center. The mothers could wave at their children through the day care’s glass windows, Hartzler says. “It was almost as if you could reach up and touch the children. None of those parents ever touched their children again while they were alive.” He says of Tevin Garrett’s mother, “She remembers this morning [the morning of the bombing] because it was the last morning of [Tevin’s] life” (see 9:02 a.m. - 10:35 a.m. April 19, 1995). Hartzler wastes little time in slamming McVeigh as a “twisted,” calculating terrorist who murdered 168 people in the hope of starting a mass uprising against the US government. McVeigh, Hartzler says, “chose to take their innocent lives to serve his own twisted purposes.… In plain and simple terms, it was an act of terror and violence, intended to serve a selfish political purpose. The man who committed this act is sitting in this courtroom behind me. He is the one who committed those murders.” Hartzler says that McVeigh blew up a federal building in Oklahoma City to avenge the federal assault on the Branch Davidian religious compound outside Waco, Texas (see April 19, 1993, April 19, 1993 and After, and April 24, 1995). “Across the street, the Ryder truck was there to resolve a grievance,” Hartzler says. “The truck was there to impose the will of Timothy McVeigh on the rest of America and to do so by premeditated violence and terror, by murdering innocent men, women, and children, in hopes of seeing blood flow in the streets of America.” He notes that McVeigh carried an excerpt from the violently racist novel The Turner Diaries (see 1978) that depicts the bombing of FBI headquarters in Washington. Hartzler reads the following line from the excerpt: “The real value of our attack lies in the psychological impact, not in the immediate casualties.” Hartzler also notes the T-shirt McVeigh wore when he was arrested, a shirt that Hartzler says “broadcast his intentions.” On the front was a likeness of Abraham Lincoln and on the back a quote from Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Drops of scarlet blood dripped from a picture of a tree. Investigators found traces of residue on McVeigh’s shirt, in his pants pockets, and on a set of earplugs found in his pocket (see Early May 1995 and After). Hartzler reads from a document McVeigh had written on a computer belonging to his sister, Jennifer (see November 1994). In a letter addressed to the Bureau of Alcohol, Tobacco and Firearms, McVeigh wrote: “All you tyrannical [expletive], you’ll swing in the wind one day for your treasonous attacks against the Constitution of the United States.… Die, you spineless, cowardice [sic] b_stards” (see May 5-6, 1997). Hartzler says the trial has nothing to do with McVeigh’s beliefs or his freedoms of expression: “We aren’t prosecuting him because we don’t like his thoughts. We’re prosecuting him because his hatred boiled into violence.” Of the innocent victims, Hartzler tells the jury that McVeigh “compared them to the storm troopers in [the popular science fiction movie] Star Wars (see October 21 or 22, 1994). Even if they are innocent, they work for an evil system and have to be killed.” Hartzler moves to preempt expected defense attacks on the prosecution’s star witness, Michael Fortier (see After May 6, 1995, May 19, 1995 and August 8, 1995), on reports that evidence was mishandled by an FBI crime lab (see January 27, 1997), and the failure to identify or apprehend the now-infamous “John Doe No. 2” (see June 14, 1995). Hartzler concludes: “Timothy McVeigh liked to consider himself a patriot, as someone who could start a second American revolution. Ladies and gentlemen, statements from our forefathers can never be twisted to justify warfare against women and children. Our forefathers didn’t fight British women and children. They fought other soldiers, they fought them face to face, hand to hand. They didn’t plant bombs and then run away wearing earplugs” (see Early May 1995 and After) Hartzler returns to the prosecutors’ table; Matsch calls a brief recess.
Defense: McVeigh Innocent, Framed by Lies - McVeigh’s attorney, Stephen Jones, tells the jury that McVeigh is innocent, and says that McVeigh’s views fall within the “political and social mainstream.” Like Hartzler, he begins with the story of a mother who lost one of her two children in the bombing, saying that the mother saw someone other than McVeigh outside the Murrah Building before the bomb went off. “I have waited two years for this moment,” Jones says, and says he will prove that other people, not McVeigh, committed the bombing. Jones sketches McVeigh’s biography, focusing on his exemplary military service and the bitter disappointment he suffered in not being accepted in the Army’s Special Forces (see January - March 1991 and After). It was after he left the Army, Jones says, that McVeigh began to steep himself in political ideology. But far from being an extremist, Jones says, McVeigh began to study the Constitution. The shirt he wore when he was arrested bore the motto “Sic Semper Tyrannis,” but that is not merely a revolutionary slogan, Jones notes: it is the motto of the State of Virginia. McVeigh was “extremely upset” over what he viewed as government abuses of individual liberty, Jones admits, but says it was no different from how “millions of people fear and distrust the government.” McVeigh’s statement that “something big was going to happen” (see Mid-December 1994, March 25, 1995 and After, and April 15, 1995) had nothing to do with the bombing, Jones says, but was merely a reflection of the increasing anxiety and concern he was seeing among his friends and fellow political activists, all of whom believed “that the federal government was about to initiate another Waco raid, except this time on a different scale” (see April 19, 1993 and April 19, 1993 and After). “[B]eing outraged is no more an excuse for blowing up a federal building than being against the government means that you did it.” Jones spends much of his time attacking Fortier’s credibility as well as the consistency of other prosecution witnesses, saying that they will give “tailored testimony” crafted by the government to bolster its case, and focuses on the reports of crime lab mishandling of key evidence (see April 16, 1997): “The individuals responsible for the evidence… contaminated it… manipulated it, and then they engaged in forensic prostitution,” he says. After the case is done, Jones says, the jury will see that the evidence shows, “not just reasonable doubt, but that my client is innocent.” He closes by reminding the jury, “Every pancake has two sides.” [Washington Post, 4/25/1997; New York Times, 4/25/1997; Serrano, 1998, pp. 275-280; Douglas O. Linder, 2006]

Entity Tags: Byron Rodgers Federal Building and Courthouse, Federal Bureau of Investigation, James Osgood, Joseph H. Hartzler, Helena Garrett, Richard P. Matsch, Stephen Jones, Timothy James McVeigh, Michael Joseph Fortier, Tevin Garrett

Timeline Tags: US Domestic Terrorism

The defense for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) opens with the suggestion that the “real” bomber was killed in the explosion. The assertion hinges on a severed leg found in the debris of the Murrah Federal Building (see August 7, 1995 and February 21, 1996). The leg has been identified as belonging to Airman Lakesha Levy, who died in the explosion, but medical examiners had put a leg not belonging to Levy with the rest of her body; that leg remains unidentified. McVeigh’s lead lawyer, Stephen Jones, opens with testimony from Dr. Frederick Jordan, Oklahoma’s chief medical examiner, who tells the jury that the left leg originally assigned to Levy remains unidentified. It had already been embalmed, he testifies, rendering DNA identification impossible. “We have one left leg that we do not know where it belongs,” he says. Jones then places Dr. T.K. Marshall on the stand. Marshall, the former chief medical examiner in Northern Ireland who has extensive experience with autopsies of bombing victims, says he believes that the leg belongs to a victim not yet identified; that victim’s body had probably disintegrated except for the leg, he says. “This is an extra left leg,” he says “Until shown otherwise, this must be a 169th victim.” For such a victim to have been almost completely disintegrated, he says, “you have to be near the bomb.” He cites a case from Northern Ireland where a terrorist carrying a bomb into a shed was nearly vaporized when the bomb accidentally detonated. Marshall says his experience with unidentified victims “is that somebody misses them. When nobody misses them, it reinforces the suggestion that the deceased was involved in the bombing.” [New York Times, 5/23/1997]

Entity Tags: Timothy James McVeigh, Frederick B. Jordan, Lakesha Levy, T.K. Marshall, Stephen Jones

Timeline Tags: US Domestic Terrorism

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