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Context of 'December 22, 1996: Defense Lawyer for Accused Oklahoma City Bomber Gives ‘Farewell Message’ to Hometown'

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White supremacist Timothy McVeigh (see March 24, 1988 - Late 1990 and November 1991 - Summer 1992) closely follows the culminating events of the Ruby Ridge, Idaho, siege (see August 31, 1992). McVeigh is appalled by the government’s conduct, as is his friend Terry Nichols, with whom he is staying (see Summer 1992). [Douglas O. Linder, 2001; CNN, 12/17/2007] McVeigh has been closely following the events at Ruby Ridge since the siege began in April 1992, both in local newspapers and in publications such as the National Rifle Association’s American Hunter and the racist, separatist Spotlight, and will complain that the mainstream media gives only the government’s version of events. He will later recall this as a “defining moment” in his life. [Stickney, 1996, pp. 147-148; PBS Frontline, 1/22/1996] McVeigh will go on to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: National Rifle Association, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

White supremacist Randy Weaver surrenders after an 11-day standoff with federal authorities at his cabin on Ruby Ridge, Idaho. The standoff cost the lives of Weaver’s wife and son, and a US marshal. The incident, according to the Southern Poverty Law Center, will “galvanize… many on the radical right.” [Southern Poverty Law Center, 6/2001]

Entity Tags: Randy Weaver, Southern Poverty Law Center

Timeline Tags: US Domestic Terrorism

Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound.Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound. [Source: PBS]The FBI and local law enforcement officials begin their planned assault on the besieged Branch Davidian compound near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 17-18, 1993), despite indications that the Davidians inside the compound will retaliate either by firing on the gathered law enforcement officials, by torching the main residential building, or perhaps both (see April 18, 1993). [PBS Frontline, 10/1995]
Warning - At 5:55 a.m., Richard Rogers, the commander of the FBI’s Hostage Rescue Team (HRT), orders two combat engineering vehicles (CEVs, unarmed modifications of Bradley fighting vehicles and the primary means for deplying CS “riot control agent” into the main building) deployed to the main building. One minute later, senior negotiator Byron Sage telephones the residence and speaks with Davidian Steve Schneider. At 5:59, Schneider comes to the phone. Sage tells him: “We are in the process of putting tear gas into the building. This is not an assault. We will not enter the building.” Schneider replies, “You are going to spray tear gas into the building?” Sage says, “In the building… no, we are not entering the building.” At the conclusion of the conversation, Schneider or another Davidian throws the telephone out of the building. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] Minutes later, Schneider slips out, retrieves the phone, and ducks back inside. [Time, 5/3/1993]
Combat Vehicles Begin Deploying Gas, Davidians Open Fire - At 6:02 a.m., the two CEVs begin inserting CS gas into the compound, using spray nozzles attached to booms. The booms punch holes through the exterior walls of the building. The FBI uses unarmed Bradley Fighting Vehicles to deploy “ferret rounds,” military ammunition designed to release CS after penetrating a barricade such as a wall or window. As the CEVs and the Bradleys punch holes into the buildings for the deployment of the gas, Sage makes the following statement over the loudspeakers: “We are in the process of placing tear gas into the building. This is not an assault. We are not entering the building. This is not an assault. Do not fire your weapons. If you fire, fire will be returned. Do not shoot. This is not an assault. The gas you smell is a non-lethal tear gas. This gas will temporarily render the building uninhabitable. Exit the residence now and follow instructions. You are not to have anyone in the tower. The [guard] tower is off limits. No one is to be in the tower. Anyone observed to be in the tower will be considered to be an act of aggression [sic] and will be dealt with accordingly. If you come out now, you will not be harmed. Follow all instructions. Come out with your hands up. Carry nothing. Come out of the building and walk up the driveway toward the Double-E Ranch Road. Walk toward the large Red Cross flag. Follow all instructions of the FBI agents in the Bradleys. Follow all instructions. You are under arrest. This standoff is over. We do not want to hurt anyone. Follow all instructions. This is not an assault. Do not fire any weapons. We do not want anyone hurt. Gas will continue to be delivered until everyone is out of the building.” Two minutes later, Davidians begin firing on the vehicles from the windows. The gunfire from the Davidians prompts Rogers and FBI commander Jeffrey Jamar to decide to change tactics; at 6:07 a.m., the assault forces begin deploying all of the gas at once instead of dispersing it in a controlled manner over the course of 48-72 hours as originally envisioned. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996; USMC Weapons, 2002] (Jamar will later testify that before the assault even began, he was “99 percent certain” that the FBI would have to escalate its assault because the Davidians would open fire.) [House Committee on Government Reform and Oversight, 8/2/1996] As a CEV demolishes the back wall of the gymnasium area of the compound, negotiators broadcast: “David, we are facilitating you leaving the compound by enlarging the door.… Leave the building now.” [Cox News Service, 1/30/2000] Jamar will later explain that the Bradleys do not carry military weaponry. “Of course we had all the firepower removed,” he will say in a 1995 interview. “There were no cannons or anything on them. We used them for transportation. And they’re more than a personnel carrier—they’re a track vehicle. I mean it’s mud, just thick mud there the whole time. And the agents learned how to drive ‘em. But the idea was to protect them as best we could. And we didn’t know—they talked about blowing a 50—did they have rockets? Who knows? Did they have explosives buried in various vicinities? Are they prepared to run out with Molatov cocktails? What’s in their mind?” Jamar is referring to threats made by Koresh and other Davidians to blow up FBI vehicles. As for the CEVs, they are tanks modified for construction and engineering purposes, and are often used as bulldozers. Observers watching the events live on television or later on videotape will sometimes mistake the CEVs for actual tanks, though two M1A1 Abrams tanks are actually on site and take part in the assault. [PBS Frontline, 10/1995; PBS Frontline, 10/1995]
House Report: Davidians Would Certainly Consider FBI's Actions an Assault - A 1996 report by a House of Representatives investigative committee (see August 2, 1996) will note that it is almost impossible for the Davidians not to consider themselves under assault, with tank-like vehicles tearing holes in the building, CS being sprayed everywhere, grenade-like projectiles crashing through windows, men in body armor swarming around the compound, and the sounds of what seems like combat all around them. “Most people would consider this to be an attack on them—an ‘assault’ in the simplest terms,” the report will find. “If they then saw other military vehicles approaching, from which projectiles were fired through the windows of their home, most people are even more likely to believe that they were under an assault. If those vehicles then began to tear down their home there would be little doubt that they were being attacked. These events are what the Davidians inside the residence experienced on April 19, yet the FBI did not consider their actions an assault.” Moreover, the FBI did not consider the close-knit, home-centered community the Davidians have long since formed. “Their religious leader led them to believe that one day a group of outsiders, non-believers, most likely in the form of government agents, would come for them,” the report will state. “Indeed, they believed that this destiny had been predicted 2,000 years before in Biblical prophecy. Given this mindset, it can hardly be disputed that the Davidians thought they were under assault at 6 a.m. on April 19.” [House Committee on Government Reform and Oversight, 8/2/1996]
Monitoring from Washington - At 7:00 a.m., Attorney General Janet Reno and senior Justice Department and FBI officials go to the FBI situation room to monitor the assault. [PBS Frontline, 10/1995]
Buildings Breached - At 7:30 a.m., a CEV breaches the side of one of the main buildings and injects large amounts of tear gas into the interior of the compound. At 7:58 a.m., gas is fired into the second floor of the back-right corner of the building. The FBI asks for more ferret rounds, and by 9:30 a.m., 48 more ferret rounds arrive from Houston. The assault is hampered by the FBI’s dwindling supply of ferret rounds, a CEV with mechanical difficulties, and high winds dispersing the gas. Another CEV enlarges the opening in the center-front of the building, with the idea of providing an escape route for the trapped Davidians. A third CEV breaches the rear of the building, according to a later Justice Department report, “to create openings near the gymnasium.” [PBS Frontline, 10/1995]
Clinton Told Assault Progressing Well - At about 11 a.m., Reno briefs President Clinton, tells him that the assault seems to be going well, and leaves for a judicial conference in Baltimore. During this time, a CEV breaches the back side of the compound. At 11:40 a.m., the FBI fires the last of the ferret rounds into the building. At 11:45 a.m., one wall of the compound collapses. [PBS Frontline, 10/1995]
Transcriptionist Escapes - Ruth Riddle, the typist and transcriptionist sent inside the compound by the FBI to help Koresh finish his “Seven Seals” manuscript (see April 18, 1993), escapes the compound before the fire. She brings out a computer disk containing the unfinished manuscript. [Dean M. Kelley, 5/1995]
Davidians Set Fires throughout Compound - At 12:07 p.m., according to the Justice Department and House reports, the Davidians start “simultaneous fires at three or more different locations within the compound.” An FBI Hostage Rescue Team member reports seeing “a male starting a fire” in the front of the building. Later analyses show that the first fire begins in a second-floor bedroom, the second in the first floor dining room, and the third in the first floor chapel. Evidence also shows that the fires spread according to “accelerant trails,” such as a trail of flammable liquid being poured on the floor. Some of the Davidians’ clothing found in the rubble also shows traces of gasoline, kerosene, Coleman fuel (liquid petroleum, sometimes called “white gas”), and lighter fluid, further suggesting that the Davidians use accelerants to start and spread the fires. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] Within eight minutes, the main building is engulfed in flames. One explosion, probably from a propane gas tank, is observed. Later investigation will find a propane tank with its top blown off in the debris. [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] After the compound burns to the ground, FBI agent Bob Ricks tells reporters, “David Koresh, we believe, gave the order to commit suicide and they all willingly followed.” [New York Times, 4/20/1993] Some of the Davidians who survive the conflagration later claim that the Davidians did not start the fires, but arson investigators with the Justice Department and the Texas Rangers, as well as an independent investigator, will conclude that Davidians did indeed start the fires in at least three different areas of the main building. [PBS Frontline, 10/1995] A 1993 Treasury Department report (see Late September - October 1993) will produce audiotapes of Davidians inside the compound and transcripts of conversations, secured via electronic surveillance, discussing the means of setting the fires. Voices on the tapes and in the transcripts say such things as: “The fuel has to go all around to get started.” “Got to put enough fuel in there.” “So, we only light ‘em as they come in,” or as a slightly different version has it, “So, we only light ‘em as soon as they tell me.” Once the fires begin, high winds and the breaches in the walls cause the flames to almost immediately begin consuming the compound. [Dean M. Kelley, 5/1995] In 1999, Colonel Rodney Rawlings, the senior military liaison to the HRT, will tell reporters that he heard Koresh give the orders to start the fires over FBI surveillance “bugs” (see October 8, 1999). Sage later describes the horror that goes through him and his fellow agents when they realize that the Davidians have torched the compound. He will recall “pleading” with the Davidians to leave the compound, and say: “I can’t express the emotions that goes through you. I had to physically turn around away from the monitor to keep my mind focused on what I was trying to broadcast to those people.” He will recall being horrified by the failure of people to flee the compound. “I fully anticipated those people would come pouring out of there,” he says. “I’d been through CS teargas on numerous occasions [in training exercises]. And I would move heaven and earth to get my kids out of that kind of an environment. And that’s frankly what we were banking on. That at least the parents would remove their children from that kind of situation.” Of Koresh, he will say: “By him intentionally lighting that place afire and consuming the lives of 78 people, including over 20 young children, was just inconceivable to me. In 25 years of law enforcement I’ve never been faced with someone that was capable of doing that.” [PBS Frontline, 10/1995] Six years later, the FBI will admit to releasing two pyrotechnic grenades into the compound, but insists the grenades did not start the fires (see August 25, 1999 and After).
Plea for Release - At 12:12 p.m., Sage calls on Koresh to lead the Davidians to safety. Nine Davidians flee the compound and are arrested [PBS Frontline, 10/1995] , including one woman who leaves, attempts to return to the burning building, and tries unsuccessfully to fight off a federal agent who comes to her aid. [New York Times, 4/20/1993] One of the nine runs out of the building at around 12:28 p.m., indicating that even 21 minutes after the fire, it is possible for some of the inhabitants to make their escape. However, most of the Davidians retreat to areas in the center of the building and do not attempt to get out. [House Committee on Government Reform and Oversight, 8/2/1996]
'Systematic Gunfire' - At 12:25 p.m., FBI agents hear “systematic gunfire” coming from inside of the building; some agents believe that the Davidians are either killing themselves or each other. The House committee investigation later finds that FBI agents hear rapid-fire gunshots coming from the compound; while many of the gunshots are probably caused by exploding ammunition, “other sounds were methodical and evenly-spaced, indicating the deliberate firing of weapons.”
Fire Department Responds; Search for Survivors - At 12:41 p.m., fire trucks and firefighters begin attempting to put out the flames. HRT agents enter tunnels to search for survivors, particularly children. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] No fire trucks are at the scene when the assault begins, and it takes around 25 minutes for the first fire department vehicles to respond to emergency calls from their stations in Waco. Bob Sheehy, mayor of Waco, later says the city fire department “first got a call after the fire had already started.” Ricks explains that fire engines were not brought to the compound earlier for fear that firefighters might have been exposed to gunfire from the compound, and because FBI officials did not expect a fire. “We did not introduce fire to this compound, and it was not our intention that this compound be burned down. I can’t tell you the shock and the horror that all of us felt when we saw those flames coming out of there. It was, ‘Oh, my God, they’re killing themselves.’” [New York Times, 4/20/1993]
Death Toll - In all, 78 Branch Davidians, including over 20 children, two pregnant women, and Koresh himself, die in the fire. Nineteen of the dead are killed by close-range gunshot wounds. Almost all of the others either die from smoke inhalation, burns, or both. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] The number is improperly reported in a number of media sources, and varies from 75 to 81. Even the House committee report does not cite a definitive total. [House Committee on Government Reform and Oversight, 8/2/1996] Some of the FBI negotiators involved in the siege later say that they feel continued negotiations might have saved many, perhaps all, of the lives of those inside the compound. In an interview later in the year, one negotiator tells a reporter, “I’ll always, in my own mind, feel like maybe we could have gotten some more people out.” [New Yorker, 5/15/1995] But HRT member Barry Higginbotham, one of the snipers who observes the Davidians throughout the siege, will later state that neither he nor anyone on his team believed the Davidians would ever willingly surrender. Higginbotham will say: “We just felt that if you make them suffer a little more, deny them perhaps a little more food, lighting, power, things like that inside, that would cause more pressure on their leadership inside. And perhaps their leadership would go to Koresh and pressure him to start negotiating in good faith. It was hard to believe that Koresh was ever negotiating in good faith.” [PBS Frontline, 10/1995] In the hours after the conflagration, Ricks tells reporters: “We had hoped the women would grab their children and flee. That did not occur and they bunkered down the children and allowed them to go up in flames with them.… It was truly an inferno of flames.” Ricks says that authorities receive reports, perhaps from some of the survivors, that the children had been injected with some kind of poison to ease their pain. This claim is never confirmed. [New York Times, 4/20/1993]
In the Bunker - FBI investigators combing the building after the conflagration find an enormous amount of guns and other weaponry inside. Dr. Rodney Crow, the FBI’s chief of identification services and one of the officials who examine the bodies of the Davidians, spends much of his time in the compound’s underground bunker, where many of the bodies are found. Crow later says: “There were weapons everywhere. I don’t remember moving a body that didn’t have a gun melted to it, intertwined with it, between the legs, under the arm, or in close proximity. And I’d say 18 inches to 20 inches would be close proximity.… The women were probably more immersed in the weapons than anyone else, because there was so much weaponry inside the bunker. It was like sea shells on a beach, but they were spent casings and spent bullets. If you had rubber gloves and tried to smooth it away, you’d tear your gloves away from the bullet points that are unexploded, or unspent ammunition. Then as you went through layer after layer, you came upon weapons that were totally burned. Until we got down to the floor, and it was mint condition ammunition there. Ammunition boxes not even singed.” The most powerful weapon Crow finds is a .50-caliber machine gun. Some of the bodies have gunshot wounds. Crow will say: “My theory is there was a lot of euthanasia and mercy killing. That group probably were just about as active as anywhere in the compound, mercifully putting each other out of misery in the last moments.” In total, 33 bodies are found inside the bunker; almost all the women and children found inside the compound are in the bunker. Many are found to have died from suffocation or smoke inhalation (two died from falling debris), but some died from gunshot wounds, and one woman was stabbed to death. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Local medical examiner Nizam Peerwani later says he does not believe the people in the bunker committed suicide, saying: “There has been a lot of speculation if this is a mass suicide or not. And—did they all go there to die? Ah, we don’t really think so. What I feel personally is that they tried to escape. A bunker was perhaps the safest area in the compound.” [PBS Frontline, 10/1995] Sage will say that he knew the children were dead sometime around 12:30 p.m. He recalls terminating the negotiations at that time, “because I didn’t want the loudspeaker bank to interfere with instructions being given on the ground. At that point in time, I walked over to the site in shock, basically. And, uh, the first thing I asked is, ‘Where are the kids?’” He is told, “Nowhere.” Sage will say: “They had not come out. They had been consumed.” [PBS Frontline, 10/1995]
Koresh's Fate - Koresh and Schneider are found in a small room the authorities call “the communication room.” Koresh is dead of a single gunshot wound to the forehead. Schneider is dead from a gunshot wound in the mouth. Peerwani later says: “Did David Koresh shoot himself and Schneider shoot himself? Or did Schneider shoot David Koresh and then turn around and shoot himself? Certainly both are possible. We cannot be certain as to what really transpired.” [PBS Frontline, 10/1995]
No Ill Effects from Gas - Peerwani and his colleagues examine the bodies for damage caused by the CS gas used in the assault, and find none. While many of the Davidians were exposed to the gas, according to tissue and blood studies, none inhaled enough of it to cause anything more than short-term discomfort. Concurrently, Peerwani and his colleagues find no damage from the propellant used in the ferret rounds. A fire report later written by Texas-based investigators will call the tear gas operation a failure at dispersing the Davidians. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Medical examinations show that some of the children may well have been overcome by the gas, and rendered unable to escape, but the compound had not been gassed for an hour before the fires began, and CS has a persistence factor of only 10 minutes—in other words, the effects should have worn off by the time the fires broke out. The gas proves ineffective against the adults, because the adult Davidians are equipped with gas masks. [PBS Frontline, 10/1995]
Wrongly Executed Plan - The plan as signed by Reno called on law enforcement forces to deploy tear gas into the compound at stated intervals, then have agents retreat to await evacuees before approaching again. This “passive,” “restrained” approach was to have been followed for up to 72 hours before using assault vehicles to force entry. Instead, the agents wait only 12 minutes before beginning a motorized vehicle assault. [New Yorker, 5/15/1995]
Taking Responsibility - One of the unlikely “heroes” of the debacle is Reno. She signed off on the attack (see April 17-18, 1993), and within hours of the attacks, she holds a televised press conference where she says: “I made the decision. I am accountable . The buck stops here” (see April 19, 1993). She repeats this statement over and over again on national television. [New Yorker, 5/15/1995]

Entity Tags: Bob Ricks, Bob Sheehy, Branch Davidians, David Koresh, FBI Hostage Rescue Team, Barry Higginbotham, Federal Bureau of Investigation, Janet Reno, Jeffrey Jamar, Byron Sage, US Department of Justice, Nizam Peerwani, William Jefferson (“Bill”) Clinton, Richard Rogers, Rodney Rawlings, Rodney Crow, Ruth Riddle, Texas Rangers, Steve Schneider

Timeline Tags: 1993 Branch Davidian Crisis

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).

Richard Wayne Snell, a right-wing extremist who helped concoct plans to blow up the Murrah Federal Building in Oklahoma City in 1983 (see 1983), is executed in prison some 12 hours after Timothy McVeigh detonates a fertilizer bomb outside that same building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Snell is affiliated with the far-right groups Aryan Nations (see Late 1987 - April 8, 1998) and the Covenant, Sword and Arm of the Lord, and has connections to the now-defunct violently extremist group The Order. Snell was convicted of two murders: the 1983 robbery and murder of Texarkana pawnbroker William Stumpp (whom Snell wrongly believed was Jewish), and the shooting death of a black state trooper, Louis Bryant, who in 1984 pulled Snell over for a traffic violation near De Queen, Arkansas; Snell shot Bryant as he approached his vehicle, then shot him to death as he lay on the ground. (In his trial, Snell argued that he killed Bryant in self-defense.) He fled the scene of Bryant’s murder and was chased to Broken Bow, Oklahoma, where he was wounded and subdued by officers. In his car, those officers found the gun Snell used to murder Stumpp. Snell now terms himself a “prisoner of war.” Right-wing paramilitary groups have protested his execution, calling him a “patriot,” and term the federal government “the Beast.” Snell, who has published a periodic white supremacist newsletter, “The Seekers,” was the focus of a March 1995 issue of another organization’s newsletter, the Montana Militia, which reminded its readers that Snell’s execution was set for April 19, stating: “If this date does not ring a bell for you then maybe this will jog your memory. 1. April 19, 1775: Lexington burned; 2. April 19, 1943: Warsaw burned; 3. April 19, 1992: The fed’s attempted to raid Randy Weaver, but had their plans thwarted when concerned citizens arrived on the scene with supplies for the Weaver family totally unaware of what was to take place (see August 31, 1992 and August 21-31, 1992); 4. April 19, 1993: The Branch Davidians burned (see April 19, 1993 and April 19, 1993 and After); 5. April 19, 1995: Richard Snell will be executed—unless we act now!!!” The Montana Militia’s plan of action was to flood the Arkansas governor’s office with letters protesting Snell’s execution. Snell’s jailers later say that for the last four days, Snell has predicted something “big” would happen on the day of his execution (see (April 1) - April 18, 1995). On his last day, Snell is allowed a visit by Elohim City founder Robert Millar (see 1973 and After), his “spiritual advisor,” where they watch the events of the Oklahoma City bombing unfold on television. Snell reportedly chuckles over the bombing, though Millar will say Snell is “appalled” by the reports. Snell’s last words are a threat directed to Arkansas Governor Jim Guy Tucker (D-AR), as he is being strapped to a gurney for execution by lethal injection. “Governor Tucker, look over your shoulder,” Snell says. “Justice is coming. I wouldn’t trade places with you or any of your cronies. Hail the victory. I am at peace.” McVeigh will not mention Snell, and there is no evidence linking Snell or his colleagues to the Oklahoma City bombing. [New York Times, 5/20/1995; Stickney, 1996, pp. 161-162; Time, 2/24/1997; Douglas O. Linder, 2001; Anti-Defamation League, 8/9/2002] Snell’s widow will later say she has no reason to believe her husband had anything to do with the bombing. [Stickney, 1996, pp. 271] Millar brings Snell’s body back to Elohim City for internment. [Serrano, 1998, pp. 270]

Entity Tags: Montana Militia, Jim Guy Tucker, Covenant, Sword, and Arm of the Lord, Aryan Nations, Louis Bryant, Richard Wayne Snell, Robert Millar, William Stumpp, Timothy James McVeigh, The Order

Timeline Tags: US Domestic Terrorism

El Reno Federal Corrections Center.El Reno Federal Corrections Center. [Source: Federal Bureau of Prisons]White supremacist Timothy McVeigh, held by federal officials on suspicion of being the Oklahoma City bomber (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is arraigned in a makeshift federal courtroom at Tinker Air Force Base near Midwest City, Oklahoma. He is arraigned before a federal magistrate on charges of maliciously damaging federal property. Merrick Garland, the head of the Justice Department’s criminal division in Washington, arrives in time to handle the hearing for the FBI. Garland is displeased by the lack of openness in the hearing, and arranges to have a dozen reporters in the “courtroom.” McVeigh, dressed in an orange jumpsuit and socks with no shoes, is led into the room and given a copy of the criminal complaint, or affidavit, against him. The affidavit is signed by an FBI agent, and in 14 paragraphs lays out the government’s case for holding McVeigh on suspicion of carrying out the bombing. The affidavit includes evidence given by Carl Lebron, McVeigh’s former fellow security guard (see April 20-21, 1995), though Lebron is not identified in the document. According to Lebron, McVeigh was “known to hold extreme right-wing views” and had been “particularly agitated” about the Branch Davidian debacle two years earlier (see April 19, 1993 and April 19, 1993 and After). The affidavit says McVeigh visited the site of the Davidian compound in Waco during the standoff (see March 1993), and later expressed “extreme anger at the federal government” and said the government “should never have done what it did.” Reporter Nolan Clay for the Daily Oklahoman later recalls: “He seemed like such a kid. I’ve covered courts for years, and I’ve seen hundreds of killers and usually they have an aura around them of being a killer. That look in their eyes. You can tell in their eyes they’re killers, and they are scary. But he looked like the kid next door. It’s true, that image about him. I was very surprised by that.” McVeigh enters no plea at the arraignment.
Transferred to Federal Prison - After the arraignment, McVeigh is transferred to the El Reno Federal Corrections Center, just west of Oklahoma City. [New York Times, 4/22/1995; Serrano, 1998, pp. 196-198] He is represented by two local lawyers, public defender Susan Otto and private attorney John Coyle, who has specialized in death penalty cases. [New York Times, 4/22/1995] At El Reno, McVeigh is held in a cell with thick glass walls eight feet high; Coyle has to shout through the glass so that McVeigh can hear him. [Stickney, 1996, pp. 223] According to law professor Douglas O. Linder, McVeigh tells Otto and Coyle, “Yes, I did the bombing.” Any such admission would be privileged and not divulged to law enforcement officials. [Douglas O. Linder, 2006]
Conditions of Incarceration - McVeigh refuses to provide any more information than his name, Army rank, and serial number, and allegedly tells investigators that he considers himself a prisoner of war. According to reporter Michelle Green, “The implication was clear: He saw himself as a revolutionary in the hands of the government he allegedly hoped to destroy.” [People, 5/8/1995] He will later deny reports that he considers himself a prisoner of war, and refused to give any information besides name, rank, and serial number (see June 26, 1995 and June 26, 1995). McVeigh is given the same privileges as most prisoners at El Reno, a medium-security federal facility: he is allowed to send and receive mail, read newspapers, receive visitors, and listen to the radio, though he has no television access. Reportedly during his time at El Reno he will receive at least four marriage proposals from women writing to him in prison. He will meet with his lawyers on a near-daily basis and will receive two visits from his father. He reads the Dallas Morning News and a number of right-wing publications, from the mainstream newspaper, the Washington Times, to the more extremist Spotlight, the John Birch Society’s New American, and a number of newsletters from militia leaders James “Bo” Gritz and Jack McLamb. [Stickney, 1996, pp. 194]

Entity Tags: Carl Edward Lebron Jr, John Coyle, Douglas O. Linder, Federal Bureau of Investigation, Tinker Air Force Base, El Reno Federal Corrections Center, Terry Lynn Nichols, Merrick Garland, Timothy James McVeigh, Michelle Green, Susan Otto, Nolan Clay

Timeline Tags: US Domestic Terrorism

The court-appointed lawyers for suspected Oklahoma City bomber Timothy McVeigh, public defender Susan Otto and private attorney John Coyle (see April 21, 1995), ask to be taken off the case. Both Otto and Coyle say they knew people killed in the blast (including Coyle’s law partner Gloyd McCoy) and cannot be objective in defending McVeigh. Coyle’s family has been threatened by people who apparently do not want Coyle to defend McVeigh. “Someone in as much trouble as Mr. McVeigh is entitled to 100 percent commitment from his lawyer,” Coyle says. “I personally witnessed the carnage. I had a friend die in the explosion.” Witnessing the aftermath of the blast “call[s] me to question whether or not I could give 100 percent. I just don’t see how any lawyer in Oklahoma City can be objective about anything in this case.” Before asking to withdraw, Otto and Coyle file a motion to transfer the case out of Oklahoma (see April 22, 1995); Coyle says the motion is “very important for this young man, if he is to get a fair trial.” The motions are filed in Federal District Court in Oklahoma City, a building that was damaged in the bombing and has been closed until today, when it is opened solely to allow McVeigh’s lawyers to file their motions. Coyle says McVeigh “understands” his reasons for withdrawing. Coyle lost a friend and fellow lawyer, Mike Weaver, in the blast, and himself was in a county courtroom that was damaged by a slab of falling rock. Otto’s office was damaged, its windows blown out, and her car was crushed in a parking lot. Coyle says he will suggest replacements for himself and Otto. [New York Times, 4/22/1995; New York Times, 4/24/1995; Stickney, 1996, pp. 223-224; Indianapolis Star, 2003] On May 8, attorney Stephen Jones will be assigned to represent McVeigh (see May 8, 1995). [Indianapolis Star, 2003]

Entity Tags: Stephen Jones, Gloyd McCoy, Mike Weaver, Timothy James McVeigh, Susan Otto, John Coyle

Timeline Tags: US Domestic Terrorism

April 27, 1995: McVeigh Held without Bail

US magistrate Ronald L. Howland orders Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) held without bail. Howland rules there is “an indelible trail of evidence” linking McVeigh to the bombing, and orders him detained. FBI agent John Hersley testifies that at least three witnesses place McVeigh near the Murrah Federal Building minutes before the blast that almost destroyed the building and killed over a hundred people. Hersley also testifies that McVeigh’s clothing bore chemical residue that matched the explosives used in the blast. The hearing is held in the El Reno Federal Corrections Center instead of the usual courtroom setting because of security concerns, in a prison cafeteria converted for the purpose. Only lawyers, FBI agents, and a small number of journalists are present, along with McVeigh, who is heavily cuffed and shackled. Hersley testifies that one witness, a meter maid, saw someone she believes to be McVeigh driving a Ryder Rental truck similar to the one that detonated in front of the Murrah Building. A second witness, Hersley says, saw someone who he believes to be McVeigh walking away from the Ryder truck after parking it in front of the building. A third witness saw what he believes to be two men (see April 20, 1995) driving away from the scene of the blast in a yellow Mercury (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Hersley says that other witnesses saw McVeigh bring a Ryder truck to the Dreamland Motel in Junction City (see April 13, 1995), and saw him again in the truck a day before the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The other person to testify is trooper Charles Hanger, who arrested McVeigh on unrelated gun charges (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh’s lawyer John Coyle tells the judge that his client chooses to “stand mute” during the hearing, and later points out that none of the witnesses cited by Hersley actually saw McVeigh detonate the bomb. At the beginning of the hearing, both of McVeigh’s lawyers, Coyle and Susan Otto, again ask to be removed from the case (see April 24, 1995) because of their personal experiences with the bombing. “We heard it,” Otto tells Howland. “We smelled it. We lived there in it.” Otto lists the names of 10 people she and Coyle knew who were killed in the bombing. They both repeat their request that McVeigh’s trial be moved from Oklahoma City (see April 22, 1995). [New York Times, 4/27/1995; Serrano, 1998, pp. 223-224; Douglas O. Linder, 2001] Coyle will later tell reporters, “The reasons I accepted the appointment in the first place is that I’ve never seen anyone who needed a lawyer more than that boy did.” Now, however, “[t]his is a case where I know too many people. In a sense, I feel like a victim. Everyone in Oklahoma City feels like a victim. [McVeigh] deserves a lawyer who would have no hesitation in his defense.… If ever anyone needed a lawyer, it is this young man. And it should not be me.” [New York Times, 4/28/1995; Serrano, 1998, pp. 225]

Entity Tags: Federal Bureau of Investigation, Charles Hanger, El Reno Federal Corrections Center, Timothy James McVeigh, Ronald L. Howland, Dreamland Motel (Junction City, Kansas), Susan Otto, John Hersley, John Coyle, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

Renowned defense lawyer Roy Black, who has refused to defend Timothy McVeigh.Renowned defense lawyer Roy Black, who has refused to defend Timothy McVeigh. [Source: USLaw (.com)]With accused Oklahoma City bomber Timothy McVeigh’s two court-appointed lawyers, John Coyle and Susan Otto, asking to be removed from the case (see April 24, 1995 and April 27, 1995), it is unclear who will step up to represent McVeigh. Oklahoma defense lawyer Allen Smallwood tells a reporter: “I’ve said to many people, the acid test of a criminal defense lawyer is could you represent Hitler or Adolph Eichmann? And, yes, I could have. But the publicity and the downside to my life personally would be far, far greater in representing McVeigh than Hitler.” McVeigh is widely regarded as a pariah, and many lawyers fear that to associate themselves with his case would do them irreparable personal and professional harm. Officials at the National Association of Criminal Defense Lawyers say they are confident he will have the best defense possible. America has a long tradition of providing expensive and talented lawyers to represent even the most reviled and unpopular clients, going back to 1770, when future president John Adams represented British soldiers accused of murdering five colonists. If new lawyers are appointed, as seems likely, they will be chosen by the Defender Services Division of the Administrative Office of the United States Courts in Washington. Indications are that several lawyers have already been contacted about the case or expressed an interest in it and that the National Association of Criminal Defense Lawyers is sounding out possible volunteers in case its help is sought. Oklahoma City defense lawyer Robert A. Manchester says bluntly: “The Sixth Amendment of the Constitution says everybody has a right to counsel. That doesn’t mean they have a right to me.” An American Bar Association ethics rule allows lawyers to turn down appointments if the client is “so repugnant to the lawyer as to impair the lawyer-client relationship.” A number of prominent defense lawyers have already said they would not defend McVeigh. Roy Black, the Florida lawyer who defended William K. Smith, a Kennedy family cousin, on rape charges, has refused, saying: “I find I do the best job in cases where I’m really interested in what I’m doing, and believe in the people and have enthusiasm for it. If no other lawyer was available to take the case, I think I would have the obligation to take it. I don’t think that’s the situation here.” White-collar defense lawyer Carl Rauh says he would not defend accused bombers such as McVeigh. Jack Zimmerman, who defended Branch Davidian Steve Schneider (see March 13, 1993), says he would not defend a client accused of treason unless he was personally convinced of the client’s innocence. Zimmerman’s colleague Richard DeGuerin, who defended Branch Davidian leader David Koresh (see March 13, 1993 and March 29-31, 1993), notes: “You have to understand that the information known about this case is what’s being fed to the public by the authorities. We found out in Waco the public was not being fed the truth.” Lawyers William Kunstler and Ronald Kuby, who have made their reputations defending high-profile, unpopular clients, say they only take clients from the political left or members of minorities whom they feel can be made to represent social issues. “We don’t represent right-wing murderers,” Kuby says. “If I wanted to represent right-wing murderers, I’d become a corporate lawyer.” Kuby says he does not believe that anyone from the American left would have committed such a violent crime. And Manchester notes the difficulty any lawyer will face in becoming involved in such a trial. “My estimate is that whoever gets into the case is going to be faced with 70- to 90-hour weeks solid for six to eight months at $40 an hour for out-of-court time,” he says. “You’re starting two leagues behind the government, and you’ll run all the way until the final day of trial to try and catch up.” Los Angeles defense lawyer Harland Braun, who earlier in his career prosecuted five members of the notorious Manson Family, says: “The government had better make sure they have good cases that are well documented. Otherwise, you’re not only going to create martyrs, but you’re going to create perpetual questions like the JFK thing: Did this guy really do it or was he part of a plot? So you’d better know what you’re doing.” [New York Times, 4/28/1995] McVeigh’s lead lawyer will be Stephen Jones (see May 8, 1995).

Entity Tags: Harland Braun, Timothy James McVeigh, William Kunstler, Allen Smallwood, Administrative Office of the United States Courts, Carl Rauh, Stephen Jones, Susan Otto, Ronald Kuby, National Association of Criminal Defense Lawyers, John Coyle, Jack Zimmerman, Roy Black, Robert A. Manchester, American Bar Association, Richard DeGuerin

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 24, 1995) disavows two Houston lawyers who say they have been hired by his family to represent them. One of the lawyers, Brent Liedtke, suggests McVeigh is being manipulated by his two current defense lawyers, who have said they do not wish to continue representing McVeigh (see April 24, 1995 and April 27, 1995). Liedtke goes on to accuse prison officials of denying him and his partner, Paul Looney, access to McVeigh. In a one-page “advisement to the court,” McVeigh says Looney and Liedtke have portrayed themselves as his lawyers against his wishes. He says he met briefly with them at the Federal Correctional Institution at El Reno, Oklahoma, on April 27 and told them he did not want them on the case. “Any statements made by Messrs. Looney and Liedtke to the contrary are false and unauthorized,” McVeigh’s statement reads in part. “I do not now, nor did I ever, desire their representation in this matter.” McVeigh’s “advisement” is filed by his current lawyers, Susan Otto and John Coyle. Liedtke states that he doubts McVeigh wrote the document, saying: “I don’t think he uses words like ‘Messrs’ and like this. This is not the way he talks.” Liedtke says McVeigh’s sister Jennifer (see April 24, 1995) retained Looney. [New York Times, 5/4/1995]

Entity Tags: Jennifer McVeigh, Brent Liedtke, John Coyle, Paul Looney, Timothy James McVeigh, Susan Otto

Timeline Tags: US Domestic Terrorism

Stephen Jones.Stephen Jones. [Source: Associated Press]Attorney Stephen Jones is named by the court as the lead defender of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). He agrees to work for a taxpayer-funded rate of $125 an hour, considerably less than his usual fee. Jones, who primarily represents large oil and insurance firms, is a Republican activist who failed to unseat Senator David Boren (D-OK) in 1990 and has represented a number of unpopular clients. He is joined by another prominent defense attorney, Robert Nigh Jr., a lawyer recommended to the case by Jones before he himself was chosen to represent McVeigh. Jones discussed the request from Judge David L. Russell with, among others, Governor Frank Keating (R-OK); Jones has done legal work for Keating in the past, and wished to ensure that his representation of McVeigh would not damage Keating’s reputation. Jones eventually accepted Russell’s request; when he accepted, Russell quipped, “I hope I haven’t signed your death warrant.” Jones replied, “That makes two of us.” To the media, Jones says: “My role is as old as the Constitution. Whether I perform professionally will be determined by how I conduct myself and whether my client is satisfied.… I did not seek or request the appointment or even encourage it in any way. I have been drafted. However, I will do my duty.… I will seek, for my part, to avoid the circus atmosphere that has prevailed in certain other well-known jurisdictional proceedings, which have included the self-promotion and self-aggrandizement of some individuals. I am a small-town county-seat lawyer.… I want to set a contrast to the O. J. Simpson [a former athlete and Hollywood celebrity recently acquitted of murdering his wife and another man in a sensational court proceeding] trial, which represents much of what is wrong with the legal process,” he says, referring to what he sees as “a lot of self-aggrandizement by all the parties: the witnesses, the jury, the judge, the lawyers.” He concludes with a warning to the press: “There is a well-recognized tension between the need for a free press and a fair trial, so I hope the ladies and gentlemen of the press will understand that I will defend this case in the courts of law.” Jones is working with McVeigh’s current lawyers, John Coyle and Susan Otto, who are preparing to leave the case (see April 24, 1995 and April 27, 1995). (When the media announces Jones’s naming to the case, one of Coyle’s staffers shouts: “You watch. He will make it all about himself.”) Jones is preparing McVeigh for a grand jury, which is being seated to hear evidence against him. McVeigh turned down the offered services of two lawyers (see May 3, 1995), but is willing to accept Jones’s services. [New York Times, 5/8/1995; New York Times, 6/15/1995; Stickney, 1996, pp. 231; Serrano, 1998, pp. 248-249; Douglas O. Linder, 2006; TruTV, 2/2009] “There’s no doubt in my mind that Stephen Jones views this to be a horrible crime,” Tony Graham, a former federal prosecutor who has often opposed Jones in court, will comment. “That he can go ahead and represent a person accused of that is the mark of a very professional lawyer.” Enid lawyer and former mayor Norman L. Grey will say: “With Stephen, you know you have a battle on your hands. I don’t think there’s a better legal mind in the area of criminal proceedings, state or federal.” [New York Times, 6/15/1995]
Conspiracy Theories, 'Necessity' Defense - Later, Jones will recall watching news footage of the bombing at his law office in Enid, Oklahoma, and remember his old elementary school being firebombed. “I recognized it as a bombing right away,” he will say. “And the minute I heard about the day care, I thought, ‘That’s it.’ Because I remembered the babies at Waco (see April 19, 1993 and April 19, 1993 and After). And later that night I heard about old man Snell [executed white supremacist Richard Wayne Snell—see 9:00 p.m. April 19, 1995] and I thought, ‘Yes, that’s relevant too.’” Author Richard A. Serrano will later write, “Even on that first evening, Jones was thinking conspiracy theories.” [Serrano, 1998, pp. 249] Though Jones is not forthcoming about the defense strategy he and McVeigh intend to deploy, legal observers speculate that they will base their defense on attempts to discredit government witnesses that the prosecution will use to build their case against McVeigh. Court observers say McVeigh is working actively with Jones on their defense. In the following days, Jones will begin interviewing people in Kansas, Oklahoma, and elsewhere, trying to undermine the credibility of the witnesses the prosecution is expected to bring into court. Jones is also expected to try to prove that the prosecutors’ evidence against McVeigh is largely circumstantial and therefore open to reasonable doubt. Observers doubt that Jones will try to use an insanity defense, because McVeigh is clearly competent to stand trial. They also doubt that Jones will try to allege that McVeigh was motivated by political opposition to the government, since innocent people, including children, were killed in the blast. No one feels that the prosecution will offer McVeigh any sort of plea deal. [New York Times, 5/11/1995] Researchers later learn that McVeigh wants Jones to present what some call a “necessity defense”—admitting to the bombing and justifying it by detailing what he considers the “crimes” of the federal government that his bombing was designed to prevent. McVeigh believes that if the jury hears about the government’s actions at Ruby Ridge, Idaho (see August 31, 1992 and August 21-31, 1992), and at the Branch Davidian compound outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After), at least some of the jurors will be sympathetic. More importantly, such a politicized trial would give McVeigh the opportunity to make his case against an overreaching federal government in the larger court of public opinion. Jones will resist presenting such a defense, in part because he believes that McVeigh has no chance of establishing, as he would be required to do to raise the defense, that the federal government put him in “imminent danger.” [Douglas O. Linder, 2006]
Third Lawyer to Join Jones, Nigh - Two weeks later, Russell will name Houston lawyer Richard Burr to join Jones and Nigh for the defense. Burr has extensive experience working with death penalty cases, and formerly directed the Capital Punishment Project of the NAACP Legal Defense and Educational Fund. “Any capital case, but particularly one of this magnitude, calls for our system of justice to perform as reliably, as fairly, and as humanely as it can,” Burr will say. “I feel honored to become a part of the defense team in Mr. McVeigh’s case.” [New York Times, 5/23/1995]

Entity Tags: David Boren, David L. Russell, John Coyle, Frank Keating, Tony Graham, Norman L. Grey, Susan Otto, Richard A. Serrano, Timothy James McVeigh, Richard Burr, Stephen Jones, Robert Nigh, Jr

Timeline Tags: US Domestic Terrorism

The Murrah Federal Building is demolished.The Murrah Federal Building is demolished. [Source: The Oklahoman]The wrecked hulk of the Murrah Federal Building, destroyed in the Oklahoma City bombing a month ago (see 8:35 a.m. - 9:02 a.m. April 19, 1995), is brought down in a planned demolition. The demolition consists of 150 pounds of dynamite placed in 300 carefully selected locations, and costs the federal and state governments around $404,000. The entire demolition takes about eight seconds. Retired highway department employee Lawrence Glover says: “You can’t stand to look at something like that forever. It’s like when a family member dies and your heart is broken, but you’ve got to bury them and try to get back to the land of the living. Even when you don’t think you ever can.” Linda West of nearby Yukon says: “I had stayed away before now because I felt guilty. I felt like I was intruding somehow. Now that it’s all over, I need some sort of—it’s not closure, because there is no closure on this thing, but it’s like going to the cemetery after the funeral. I was listening to a radio talk show about how most people didn’t know why they came here, they just felt like they had to. I’m like that. I don’t know why, but I had to.” Hundreds of spectators watch the demolition in almost complete silence. Afterwards, many cry, hug one another, and slowly leave the scene. Many at the scene believe a memorial to the dead, and to the responders and rescue workers who saved so many from the rubble, should be erected on the site; others say a children’s playground or library would be fitting. Onlooker Bruce Ligon says, “It doesn’t really matter what they choose, because nobody in this town, or in this country either, is ever going to forget what happened.” [Washington Post, 5/24/1995; Fox News, 4/13/2005] Authorities had considered using cranes and wrecking balls instead of explosives to bring the building down, in concern that a second explosion, no matter how controlled, might further traumatize city residents. “The psychological ramifications were a real consideration of everyone involved in the decision,” Douglas Loizeaux, vice president of Controlled Demolition Inc, whose firm handles the demolition process, said last week. “There was a serious discussion about whether we would be traumatizing people even more by having another explosion. But by using implosion, we can bring the building down weeks sooner than by using a crane, and so the mending process can begin that much quicker.” Dusty Bowenkamp, a psychological nurse from Los Angeles who is coordinating the emergency mental health services of the American Red Cross in Oklahoma City, agreed with Loizeaux’s assessment. The building, she said last week, is “a magnet for people with grief.” She said she and her colleagues had discussed the ramifications of a second explosion, and talked with dozens of people who helped bring the dead and injured out of the rubble and others who carried blast victims into hospitals or the morgue. A few, she said, thought imploding the building was a bad idea: “it’s too much like what happened before—too much like the bomb.” The city residents were informed well in advance of the planned demolition so it would not “retrigger more fear.” The lawyer for accused bomber Timothy McVeigh, Stephen Jones (see May 8, 1995), had filed a motion to delay the demolition so he could examine the building for evidence, but that motion was denied. [New York Times, 5/16/1995; New York Times, 5/16/1995] Two days ago, a team of people hired by Jones did examine the building for clues; that team included an explosives expert, an architect, and a camera crew. Jones explained that he wanted to understand “the dynamics of the bomb” and “the physics of the explosion.… There needs to be a separate record from that of the government. There is a criminal litigation and civil litigation. All sides will need a record, and the government’s record wouldn’t necessarily be available.” [Stickney, 1996, pp. 222-223] A brick wall from another damaged building stands nearby. Written on it in dark red paint is:
bullet 4-19-95.
bullet We Search for the Truth.
bullet We Seek Justice.
bullet The Courts Require it.
bullet The Victims Cry for it.
bullet And GOD Demands it! [Serrano, 1998, pp. 174]

Entity Tags: Lawrence Glover, Douglas Loizeaux, Dusty Bowenkamp, Linda West, Controlled Demolition Inc, Timothy James McVeigh, Bruce Ligon, Murrah Federal Building, Stephen Jones

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995 and April 24, 1995) gives an interview to Newsweek, saying he intends to plead not guilty to all charges; the interview quickly makes headlines around the country. In a cover story entitled “The Suspect Speaks,” McVeigh tells interviewer Colonel David Hackworth (see June 26, 1995) that the first he knew of the bombing was when a state trooper pulled him over driving north from Oklahoma City some 90 minutes after the blast (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh says he was “horrified” by the deaths of 19 children in the explosion, and adds: “And you know, that was the number one focal point of the media at the time, too, obviously—the deaths of the children. It’s a very tragic thing.” He refuses to directly confirm or deny any involvement in the bombing, saying, “The only way we can really answer that is that we are going to plead not guilty.” The interviewer tells him, “But you’ve got a chance right now to say, ‘Hell no!’” McVeigh replies, “We can’t do that.” McVeigh goes into some detail about his “average childhood” (see 1987-1988); his lawyer Stephen Jones (see May 8, 1995), present for the interview, tells the interviewer that McVeigh is “the boy next door, a boy wonder.” Newsweek records McVeigh’s appearance as “a little nervous, maybe, but good humored and self-aware. Normal.” The interview is held in a conference room at the El Reno Federal Corrections Center about 25 miles west of Oklahoma City. Jones has released pictures and an audio-less videotape of McVeigh laughing and smiling while talking to his lawyers, in an apparent attempt to soften his image. Of the video, Jones says, “We want to present our client to the public as we believe he really is.” The country is most familiar with the image of McVeigh being led away from an Oklahoma County Jail in handcuffs (see April 21, 1995). Jones also emphasizes McVeigh’s solid military record (see March 24, 1988 - Late 1990 and January - March 1991 and After). Jones placed heavy restrictions on the interview with McVeigh, and thusly little new material is given. McVeigh will not discuss any evidence that prosecutors say shows his guilt, and Jones refuses to allow McVeigh to answer questions about whether he committed the bombing. Though in May the press reported that sources had said McVeigh confessed to the bombing in prison (see May 16, 1995), Jones says: “I’m not aware of anything he said in the interview that is inconsistent with what has been reported up to this point by the New York Times and every other newspaper in the country. If you’re trying to suggest that there may have been anything inconsistent, may I respectfully suggest that you may have not read the interview carefully.” Jones later disputes one quote attributed to him of McVeigh, where Jones supposedly told the interviewer, “He’s innocent.” Jones says, “I frankly don’t remember saying that he’s innocent and I do not think that is something I would have said.” McVeigh also denies any affiliation with militia groups or attending meetings of such groups (see 1992 - 1995, January 23, 1993 - Early 1994, October 12, 1993 - January 1994, April 1994, September 12, 1994 and After, November 1994, January 1995, and April 5, 1995), and denies reports that he had called himself a “prisoner of war” and refused to state anything but his name, rank, and serial number (see April 21, 1995). He acknowledges setting off small explosions on a farm in Michigan with his accused co-conspirator Terry Nichols (see October 12, 1993 - January 1994), but says they were little more than plastic Pepsi bottles “that burst because of air pressure,” adding, “It was like popping a paper bag.” He refuses to go into details about his political views, saying merely that he was “bothered” by the 1993 Branch Davidian debacle (see March 1993, April 19, 1993, and April 19, 1993 and After), and acknowledges visiting the site after the final raid by FBI agents. He admits to having “been through Oklahoma City,” but when asked if he and his friend Michael Fortier (see May 19, 1995) had “cased” the Murrah Federal building in the days before the attack, replies, “I think I’d rather not answer that.” He says that the government has “[m]ost definitely” made “mistakes,” but does not characterize himself as an anti-government person. [New York Times, 6/26/1995; Serrano, 1998, pp. 225]

Entity Tags: Stephen Jones, El Reno Federal Corrections Center, David Hackworth, Federal Bureau of Investigation, Newsweek, Michael Joseph Fortier, Timothy James McVeigh, New York Times, 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

Stephen Jones, the court-appointed lawyer who is defending accused Oklahoma City bomber Timothy McVeigh (see May 8, 1995), speaks at the University of Oklahoma. Jones, who intends to argue that a group of unnamed conspirators, perhaps members of America’s far-right militias (see 1983, January 23, 1993 - Early 1994, April 1993, October 12, 1993 - January 1994, August 1994 - March 1995, August - September 1994, September 12, 1994 and After, September 13, 1994 and After, November 1994, December 1994, February 1995, March 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, and Before 9:00 A.M. April 19, 1995), carried out the bombing and not his client, talks about the impact the case has had on his personal life, and also about the emergence of the dangerous radical right. Jones will argue that if McVeigh did indeed have something to do with the bombing, this radical right had an undue and controlling influence on him. “There are a large number of individuals whom people on the two coasts would refer to as the far right, the fringe group, the militia community,” he says. “At least in the interior of the country, the views of these individuals on subjects as diverse as taxation, the jury system, government regulations, police power, the schools, the family, gun control, corruption, and citizen militia represent not the fringe but increasingly the mainstream.” This “increasingly mainstream” political and social movement, Jones says, has been sparked “not just [by] a dissatisfaction with the government of the day, but a more deep-seated resentment under the circumstances and with the immediate backdrop of Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see April 19, 1993 and April 19, 1993 and After). Waco and Oklahoma City have this in common: they have increased the polarization between inpenitent federal officials and disenfranchised social groups such as bankrupt farmers and ranchers and a dislocated working class. One common thread that ties Waco and Oklahoma City together is the shared outrage of the federal government’s failure to acknowledge the full extent of their responsibility for Waco.… Little wonder then that Tim McVeigh, along with millions of other people, shares the outrage of the blunder at Waco.” Jones says that McVeigh is not the monster the media has portrayed him to be (see June 26, 1995). “That is not the Tim McVeigh I have come to know,” he says. McVeigh does not lack faults: “He is well read, but he lacks formal disciplinary training. Simply because he wrote in for information on a variety of controversial political subjects no more makes him a bigot or a neo-Nazi or a racist than the fact that when I was in high school I went to the Soviet embassy and for three years subscribed to Soviet Life magazine makes me a Communist.” He concludes that the case “has the drama of a great trial,” and though his intention in giving this speech is not “to magnify my office… it is hardly possible, for the reasons I have stated tonight, to exaggerate the importance of this case and what it means for our country. Someday when you know what I know and what I have learned, and that day will come, you will never again think of the United States of America in the same way.” [Serrano, 1998, pp. 252-254]

Entity Tags: Stephen Jones, Timothy James McVeigh, University of Oklahoma

Timeline Tags: US Domestic Terrorism

Robert Nigh Jr.Robert Nigh Jr. [Source: Associated Press]Defense lawyers for accused Oklahoma City bombers Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and July 11-13, 1995) ask that their clients’ trials be moved from Oklahoma due to intense media coverage from the bombing. The lawyers say that the media coverage has irredeemably tainted the jury pool. Oklahoma citizens are too close to the case, the lawyers argue, for either McVeigh or Nichols to receive a fair trial. The case is currently slated to be tried in Lawton, Oklahoma, some 85 miles away from Oklahoma City. One of McVeigh’s lawyers, Robert Nigh Jr., says: “We do not question for a moment that the people of Lawton or the people of Oklahoma are as fair as people anywhere in the country. They are simply too close in this case to determine the facts objectively.” Polls administered by two Houston researchers show that Lawton residents are far more familiar with the details of the case than residents of two other cities, Albuquerque and Kansas City, Kansas, and care more deeply about the case. All three cities are part of the Tenth Circuit. The polls say that almost half of Lawton residents have formed an opinion as to the guilt or innocence of McVeigh, and 96 percent of them believe him to be guilty. The numbers for Nichols are 30 percent and 90 percent, respectively. McVeigh’s lawyers state in a court filing: “The fevered passion of the community of Oklahoma has been escalated by local news reports concerning the case. Timothy McVeigh has been tried, convicted, and sentenced to death by the media in Oklahoma.” [New York Times, 11/22/1995; Fox News, 4/13/2005] The trial will be moved to Denver, Colorado (see February 20, 1996).

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Robert Nigh, Jr

Timeline Tags: US Domestic Terrorism

Richard P. Matsch.Richard P. Matsch. [Source: Washington Post]The Tenth Circuit of Appeals removes Oklahoma District Judge Wayne E. Alley from the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), and assigns US District Judge Richard P. Matsch of Denver to preside over the trial. [New York Times, 12/5/1995; Douglas O. Linder, 2001] “We conclude that a reasonable person could not help but harbor doubts about the impartiality of Judge Alley,” the court rules. [Stickney, 1996, pp. 261] Alley’s offices were damaged in the blast, as was the entire courthouse, which stands less than 1,000 feet from the Murrah Building. Alley had a staff member injured in the bombings, and at least 33 of the victims conducted business regularly in the courthouse. Some judges helped in the rescue efforts; some judges attended as many as seven funerals. An employee in the court clerk’s office lost her child in the blast, and many court employees were injured either in the blast itself or in the aftermath. Fundraising drives for the victims and their families were held in the courthouse, and a popular T-shirt being sold features a law enforcement badge and the inscription, “In Memory, April 19, 1995, Oklahoma City.” The appeals court feels Alley risks having his impartiality questioned, and notes that both prosecuting and defense attorneys have requested his removal. [Serrano, 1998, pp. 254; Douglas O. Linder, 2001] In his request for Alley’s removal, defense lawyer Stephen Jones told reporters: “Judge Alley has a distinguished military, professional, and judicial career. Anyone who appears before him has the highest respect for him personally and professionally. However, our belief is that a victim of a traumatic incident cannot sit as a judge in a trial where the person accused of creating the incident is on trial. No one of us would want to be judged by such an individual.” [New York Times, 8/23/1995] US Attorney Patrick M. Ryan also asked that Alley step aside. In court papers, Ryan noted that there was no legal requirement that he do so, but stated that “[i]t is of paramount importance that the nation have complete confidence in the integrity of the verdict ultimately reached in this case, and that partisan detractors not be permitted—however wrongly—to raise questions about judicial fairness. There is too much at stake here to risk even an erroneous reversal, with all its attendant costs to the people of the United States, and most importantly, to the victims of this terrible crime. Failure to recuse could cause delay, uncertainty, and unwarranted focus on a matter that is collateral to the overriding issue of these defendants’ guilt or innocence.” [New York Times, 9/9/1995] Alley, who unsuccessfully fought to keep the case, wrote in a court filing regarding his removal, “The judge who succeeds to this case will have to bear a dreadful burden, and I wish him or her well.” Matsch has experience in similar trials; in 1987, he presided over the civil rights trial of four members of the white supremacist group The Order, who murdered progressive radio talk show host Alan Berg (see June 18, 1984 and After). He is known as a stickler for punctuality and order in his courtroom, brooking little nonsense from lawyers on either side of the case. Morris Dees of the Southern Poverty Law Center (SPLC), which monitors white supremacist and military groups, calls Matsch’s selection “poetic justice.” Defense lawyers for both Timothy McVeigh and Terry Nichols say they are comfortable with Matsch presiding over the trials of their clients. [New York Times, 12/5/1995; Serrano, 1998, pp. 255]

Entity Tags: Richard P. Matsch, Morris Dees, Terry Lynn Nichols, Patrick M. Ryan, Timothy James McVeigh, Wayne E. Alley, Stephen Jones

Timeline Tags: US Domestic Terrorism

Judge Richard Matsch (see December 1, 1995), citing the defendants’ right to an impartial jury in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and November 21, 1995), moves the trial from Oklahoma City to Denver, Colorado. Matsch is the Chief Judge of the Federal District Court in Colorado, and is essentially moving the case to his “home” courtroom. Matsch rules that because of intensive negative media coverage of the bombing, neither Timothy McVeigh nor Terry Nichols can receive fair trials in Oklahoma City. “This court… concludes that there is so great a prejudice against these two defendants in the State of Oklahoma that they cannot obtain a fair and impartial trial at any place… in that state,” Matsch writes. McVeigh and Nichols have been “demonized” in the press, he continues. “The intensity of the humanization of the victims in the public mind is in sharp contrast with the prevalent portrayals of the defendants.… [T]he interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court’s obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements.” McVeigh’s attorney, Stephen Jones, says, “The judge examined all the evidence and saw that Oklahoma sees itself as the victims and that makes it difficult to get a fair trial here.” Prosecutors agreed that Oklahoma City was not the proper venue for the trial, but had asked that the trial be moved to Tulsa, only two hours from Oklahoma City; US Attorney Patrick Ryan, newly appointed by President Clinton to represent the Oklahoma City district, argued that moving the trial would present an undue hardship on the families of the victims who want to observe the trial. Attorney General Janet Reno says the government “does not have the right” to appeal Matsch’s decision and therefore is ready to move to trial “expeditiously.” Reno says the Justice Department would “pursue every means available to provide survivors and loved ones with an opportunity to observe and follow events in the courtroom.” Kathleen Treanor, who lost her daughter and her in-laws in the bombing, is angry with the decision, saying she had intended to go to the trials: “It stinks. Judge Matsch will not have to give up his bed or leave his home. He is inconvenienced in no way. I lost my only daughter and I won’t be able to afford to go.” But Toby Thompson, who lost his brother in the bombing, says: “It is very important that the trial be squeaky clean. If moving it to Nova Scotia would ensure that I wouldn’t have to go through it twice, that would be fine with me.” Legal experts say Matsch made the decision in order to obviate any possibility that the defense would use the venue of the trial as the basis for a possible appeal. Governor Frank Keating (R-OK) criticizes the decision, saying Matsch moved the trial to Denver “for his personal comfort.… It is easier for him to go home and sleep in his own bed. That’s what his decision says to the hundreds and thousands of people impacted in this bombing. Its wrong on the facts and it’s wrong on the law.” Keating says he will coordinate with Governor Roy Romer (D-CO) and Denver Mayor Wellington Webb, as well as the federal government, to fund transport and housing for relatives and friends of the victims who wish to attend the trials. [Washington Post, 2/21/1996; New York Times, 2/21/1996; Serrano, 1998, pp. 256; Douglas O. Linder, 2001] Chicago jury consultant Joe Guaftaferro says of the venue change: “Colorado, from a jury perspective, could be risky. There’s a lot of white supremacists in those hills.” Public affairs law professor Rita Simon, an expert on the effects of publicity on a jury, says she agrees with Matsch’s decision, and adds, “With proper instruction, jurors could put aside any pretrial prejudice they may have picked up as a result of publicity about the case.” [New York Times, 2/22/1996]

Entity Tags: Patrick M. Ryan, Kathleen Treanor, Janet Reno, Frank Keating, Wellington Webb, Toby Thompson, Timothy James McVeigh, Terry Lynn Nichols, Roy Romer, Joe Guaftaferro, Rita J. Simon, Richard P. Matsch, Stephen Jones

Timeline Tags: US Domestic Terrorism

Timothy McVeigh and Terry Nichols, accused of carrying out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), are moved to a jail in Englewood, Colorado, in preparation for their upcoming trials. The two are flown into the Jefferson County Airport northwest of Denver in a Defense Department jet and then transferred to a helicopter, presumably for a flight to the federal prison in Englewood. Heavily armed guards seal the area as the two are transferred to the helicopter. [Associated Press, 3/31/1996; Fox News, 4/13/2005] McVeigh and Nichols will be tried in Denver (see February 20, 1996).

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Stephen Jones, the lead defense lawyer for accused Oklahoma City bomber Timothy McVeigh (see May 8, 1995), takes out a large ad in his hometown newspaper, the Enid [Oklahoma] News & Eagle. The ad features a photo of him marching into court in Denver (see February 20, 1996) and a “farewell message” from him to the people of Enid. The message is titled “To the people of Enid and Northwestern Oklahoma,” and reads in part: “It has been a year and a half since I was appointed by the United States District Court to represent Timothy McVeigh, charged with the greatest act of revolutionary terror and murder in American history, 168 dead, includiing one of Enid’s own sons, 500 injured, and a billion dollars’ worth of property damage. The bombing of the Alfred P. Murrah building forever altered the physical, intellectual, and emotional structure of Oklahoma City and the state of Oklahoma.” Before departing for Denver, he writes, he wants to speak “to you, my fellow townspeople. No one, not in my situation, can appreciate my feeling of sadness at this parting, which I hope may only be temporary.… I now leave, not knowing when or whether ever I may return, with a task before me greater than that which has ever rested upon any lawyer entrusted with the defense of someone where the decision on his liberty and life depends on 12 strangers sworn to find a fair verdict. Without the assistance of that Divine Being whoever attends any of us, those charged with responsibility in the matter of United States of America v. Timothy James McVeigh, whether the prosecution or defense, cannot succeed. With that assistance, we cannot fail and the truth will emerge. At this time of year I ask for your prayers, not only for those of us associated in any way with this case, the law enforcement personnel, prosecution, the court, the witnesses, but also the defense, and most importantly, the survivors and the family [sic] of those who perished.… I bid you an affectionate farewell with a grateful heart for your many acts of personal friendship, affection, and esteem.” Author Richard A. Serrano will later note that Jones cribbed much of his “farewell message” from addresses given by former President Abraham Lincoln. [Serrano, 1998, pp. 257-258]

Entity Tags: Richard A. Serrano, Timothy James McVeigh, Stephen Jones

Timeline Tags: US Domestic Terrorism

The lawyer for alleged Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), Michael Tigar, asks that his client be granted a change of venue for his upcoming trial. Tigar argues that Nichols cannot receive a fair trial in Denver due to bomber Timothy McVeigh’s recent conviction and sentencing in that city (see June 2, 1997 and June 11-13, 1997). “Media coverage has now made it impossible for a jury in this district to make, if called upon, the reasoned moral response required by the cases,” Tigar argues in his brief. Tigar’s brief is accompanied by three bound documents filled with media coverage research. Prosecutors argue that Nichols can receive a fair trial: prosecutor Sean Connelly responds, “There is no reason to believe that Colorado jurors now lack the same ability fairly to decide Nichols’s guilt and punishment that was exhibited in the trial of his co-defendant McVeigh.” Tigar asks that the trial be moved to San Francisco; prosecutors say that Tigar wants the trial moved to a venue where the jury would be less likely to consider the death penalty if Nichols is convicted. Tigar’s arguments are much the same as those advanced by him and McVeigh’s legal team when McVeigh’s trial was moved from Oklahoma City to Denver (see February 20, 1996). “This community has come to share the characteristics identified by this court in its Feb. 20, 1996, opinion,” Tigar writes. [New York Times, 8/13/1997; New York Times, 8/14/1997] Judge Richard P. Matsch will deny the request four days later. [New York Times, 8/16/1997]

Entity Tags: Terry Lynn Nichols, Michael E. Tigar, Sean Connelly, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), facing execution for his crimes (see June 11-13, 1997), is officially sentenced to death by Judge Richard P. Matsch. The hearing is a formality, as a jury sentenced McVeigh to death the day before; the entire proceeding takes nine minutes. Before Matsch pronounces sentence, he allows McVeigh to speak on his own behalf. McVeigh does so—briefly and cryptically. McVeigh says: “If the court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote: ‘Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.’ That’s all I have.” McVeigh is referring to a dissent written by Supreme Court Justice Louis D. Brandeis in a 1928 decision, Olmstead v. United States, which upheld the use of wiretap evidence. Brandeis’s dissent said that the government may not commit crimes to enforce the law, and warned of “terrible retribution” if it did. Stephen Jones, McVeigh’s lead lawyer, refuses to speculate as to why McVeigh chose to use that quote, though Jones says it is a favorite of his client. McVeigh believes the government broke the law in the Branch Davidian siege (see April 19, 1993 and April 19, 1993 and After). Jones’s defense partner, Christopher Tritico, tells reporters he is unfamiliar with the quote and will have to look it up. US Attorney Patrick M. Ryan, part of the prosecution team, later says that McVeigh’s remarks were so fleeting that “I didn’t catch it all.” Many families of the bombing victims find McVeigh’s quote cryptic and unclear. Roy Sells, who lost his wife in the bombing, says: “I don’t know if he was referring to the Waco deal or what. I wish he would’ve quoted something from his own heart instead of out of somebody else’s book. I wanted to hear what he had to say about it.” A survivor of the bombing, Paul Heath, says McVeigh’s statement makes it clear he remains unrepentant and still considers himself a revolutionary. During the proceeding, Matsch asks McVeigh for permission to release a letter McVeigh wrote to him on June 22, which asked that Jones be replaced by other lawyers from the defense team for his appeals: Richard Burr, Robert Nigh Jr., and Randall Coyne. The letter was not specific about McVeigh’s reason for requesting Jones’s removal, but cited “problems and difficulties I have had with my appointed counsel in the past.” McVeigh will publicly blame Jones for “screwing up” his trial, and has reportedly told a Buffalo News reporter that he believes Jones repeatedly lied to him about unnamed aspects of the trial (see August 14-27, 1997). Jones merely reminds reporters: “I did not seek this appointment. I am, as I said, a draftee” (see May 8, 1995). [New York Times, 8/14/1997; Serrano, 1998, pp. 320; University of Missouri-Kansas City School of Law, 2006; University of Missouri-Kansas City School of Law, 2006] McVeigh will later explain his choice of quote to Buffalo News reporter Lou Michel. “I want people to think about the statement,” McVeigh will say. “What [lead prosecutor Joseph] Hartzler is trying to do is not have people learn. He wants to have them put their heads in the sand.” The Brandeis quote, McVeigh will say, reflects on the death penalty: the government says it is wrong for McVeigh to have killed, and yet “now they’re going to kill me. They’re saying that’s an appropriate way to right a wrong?” [Serrano, 1998, pp. 321]

Entity Tags: Paul Heath, Lou Michel, Joseph H. Hartzler, Christopher L. Tritico, Patrick M. Ryan, Timothy James McVeigh, Roy Sells, Richard Burr, Richard P. Matsch, Stephen Jones, Robert Nigh, Jr, Randall Coyne, Louis Brandeis

Timeline Tags: US Domestic Terrorism

Lead defense lawyer Brian Hermanson.Lead defense lawyer Brian Hermanson. [Source: Corbis / TruTV]Michael E. Tigar, the former lead attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see June 4, 1998) who now faces a state trial on 161 counts of first-degree murder (see March 1, 2004), joins Nichols’s current defense team in speculating that the bombing may have been carried out by a larger group of white supremacists, of which Nichols was only a minor member and perhaps little more than a scapegoat. While prosecutors say they have “an avalanche of evidence” showing Nichols’s heavy involvement, defense lawyers led by Brian T. Hermanson say that Nichols and his cohort, convicted bomber Timothy McVeigh (see June 2, 1997), were part of the purported larger conspiracy. McVeigh, Hermanson argues, “conspired with others whose identities are still unknown” and “orchestrated various events and evidence so as to make it appear that Mr. Nichols was involved and, thereby, direct attention away from others.” Some evidence exists of McVeigh’s involvement with the violent white supremacist group Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and it is possible that McVeigh took part in bank robberies the group carried out. Tigar says, “Is it too bad they killed Tim?” referring to McVeigh’s execution (see 7:14 a.m. June 11, 2001). “If they really wanted to find out what happened, maybe some of the revelations, now that the cover is blown, maybe he would have talked. Who knows?” Tigar seems to be implying that the government executed McVeigh to ensure his silence, a conclusion prosecutors dispute. Prosecutors say they have given the defense all exculpatory evidence, and that they can indisputably prove Nichols’s guilt. Assistant Oklahoma County District Attorney Sandra H. Elliott says, “Whether or not anybody else is involved, we can prove Mr. Nichols is.” Mark S. Hamm, a criminology professor who has written about the ARA, says: “The preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the ARA. [But t]here’s no smoking gun here.” Stephen Jones, who represented McVeigh during his trial (see May 8, 1995), says: “Where the Nichols defense clearly wants to go is to try for an acquittal or hung jury using material the government withheld.” If successful, the Nichols lawyers will try to get Nichols’s federal conviction (see December 23, 1997) reversed. However, “it has to succeed in [these proceedings] first.” [New York Times, 3/16/2004]

Entity Tags: Sandra H. Elliott, Aryan Republican Army, Brian Hermanson, Michael E. Tigar, Stephen Jones, Timothy James McVeigh, Mark S. Hamm, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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