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Context of 'December 22, 1995: Defense Lawyers Move to Secure Government Documents for Theory of ‘Foreign’ ‘Terrorist’ Involvement in Oklahoma City Bombing'

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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 for indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court for broad access to government documents to support their theory that domestic or “foreign” terrorists were involved in the bombing (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After). McVeigh’s lead defense lawyer Stephen Jones files the motion, which says that the sophistication and effectiveness of the bomb lend validity to the theory that the attack was carried out by a “terrorist organization.” Jones’s filing compares the Oklahoma City bombing to 1983 bombing attacks against the US Embassy and a Marine Corps barracks in Lebanon. [Reuters, 12/22/1995]

Entity Tags: Stephen Jones, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City bombers Timothy McVeigh, left, and Terry Nichols look on as Judge Richard Matsch orders their trials to be severed.Accused Oklahoma City bombers Timothy McVeigh, left, and Terry Nichols look on as Judge Richard Matsch orders their trials to be severed. [Source: The Oklahoman]Judge Richard Matsch orders separate trials for accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), in a ruling considered a victory for the defense. McVeigh will be tried first. Both defendants’ lawyers argued that to try the two men together would irreparably harm their right to receive fair trials. McVeigh’s lawyers, Stephen Jones and Robert Nigh Jr., wrote in a filing, “The government envisions a trial in which the actions and statements of Terry Nichols become indistinguishable from the actions of Timothy McVeigh.” And Nichols’s lead lawyer Michael Tigar argued that Nichols “stands in serious risk of being found guilty by ‘mass application’ if he was tried jointly with Mr. McVeigh.” Matsch rules that McVeigh could be harmed by introduction of statements made by Nichols implicating him in the bombing, and the defense’s inability to cross-examine Nichols if Nichols were to exercise his right to avoid self-incrimination. “The court cannot save a joint trial by sacrificing the interests of one defendant to protect the other,” Matsch rules. “Timothy McVeigh will be profoundly prejudiced by a joint trial in this case. His lawyers cannot question Terry Nichols or cross-examine the FBI agents on what they say Terry Nichols said. In short, Timothy McVeigh may be caught in cross-fire.” Tigar says after the ruling, “A separate trial will force the government to prove its case against Mr. Nichols, rather than merely rely on guilt by association and spillover prejudice from the case against Mr. McVeigh.” [New York Times, 9/8/1996; New York Times, 10/26/1996; Douglas O. Linder, 2001] Prosecutor Sean Connelly, presenting the government’s desire for a single joint trial, has told Matsch: “The proof will be unified: McVeigh and Nichols, Nichols and McVeigh, every step of the way.” [New York Times, 10/4/1996] Joseph Hartzler leads the team of attorneys prosecuting McVeigh (see May 22, 1995). [TruTV, 2/2009]

Entity Tags: Robert Nigh, Jr, Federal Bureau of Investigation, Joseph H. Hartzler, Richard P. Matsch, Timothy James McVeigh, Stephen Jones, Sean Connelly, Michael E. Tigar, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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