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Context of 'December 23, 1997: Oklahoma City Bomb Conspirator Convicted of Conspiracy, Manslaughter'

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Terry Nichols, a white supremacist member of the so-called “Patriot Movement” (see March 24, 1988 - Late 1990 and February 1992), renounces his US citizenship via a “nonresident alien” declaration to the Evergreen, Michigan, Township Clerk. “[T]here is total corruption in the entire political system,” Nichols says; “the entire political system from the local government on up thru and including the President of the United States, George Bush.” He adds: “I no longer am a citizen of the corrupt political corporate state of Michigan and the United States of America.… I follow the common laws, not the Uniform Commercial Codes, Michigan Statutes, etc., that are all colorable laws.… I lawfully, squarely challenge the fraudulent usurping octopus of jurisdiction/authority that does not apply to me. It is therefore now mandatory for… the so-called IRS, for example, to prove its jurisdiction.” He calls himself “a nonresident alien, non-foreigner, stranger to the current state of the forum.” Many will later detect language similar to that used by the Posse Comitatus movement (see 1969). Nichols has already sent his bank a letter revoking his signature on a credit card application, in an attempt to avoid paying $14,000 in credit card debt (another source will say Nichols owes closer to $40,000), writing in part: “I came across some information and in researching it further I have found that your credit, money, and contracts are all based upon fraud, etc., as stated in my revocation document.” The bank wins a lawsuit to compel Nichols to pay his debt; Nichols attempts to pay the debt with a fraudulent “Certified Fractional Reserve Check,” a scheme somewhat similar to the fraudulent checks advocated by the Montana Freemen (see 1993-1994), which the bank refuses to accept. During the court proceedings, Nichols, ordinarily an unusually quiet and shy man, repeatedly defies judicial orders to, among other things, come to the front of the courtroom, and at one point tells the judge, “I’m… a layman, a natural person, a freedom of common-law citizen under threat and duress and to challenge the jurisdiction of this court.” Circuit Judge Donald A. Teeple will later recall: “He was hollering in a loud voice. I informed him that if he didn’t keep quiet, I’d send him to jail. Then he decided to come around the rail” and participate quietly in the hearing. [New York Times, 4/23/1995; New York Times, 5/28/1995; PBS Frontline, 1/22/1996; New York Times, 12/24/1997; Southern Poverty Law Center, 6/2001; Nicole Nichols, 2003; Nicole Nichols, 2003] Both Terry Nichols and his brother James (see December 22 or 23, 1988) routinely stamp their paper money with the words “Discharged Without Prejudice,” a phrase indicating they do not accept its validity. The money-stamping is popular among Posse Comitatus members (see 1969) as they claim money not backed by gold lacks credibility. They also refuse to buy license plates for their vehicles or register them. James Nichols will also renounce his citizenship sometime later [Nicole Nichols, 2003; Nicole Nichols, 2003] , telling local courthouse officials that he is “no longer one of your citizens or a resident of your de facto government.” In mid-1992, Nichols will spend several days in jail for refusing to recognize a court’s authority to make him pay child support; after those days in a cell, he will agree to the court’s mandate. [New York Times, 4/24/1995; Serrano, 1998, pp. 109] Nichols will later be convicted for his role in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997).

Entity Tags: Montana Freemen, James Nichols, Posse Comitatus, Donald A. Teeple, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Bomb damage in underground levels of the WTC in 1993.Bomb damage in underground levels of the WTC in 1993. [Source: Najlah Feanny/ Corbis]An attempt to topple the World Trade Center fails, but six people are killed and over 1000 are injured in the misfired blast. An FBI explosives expert later states that, “If they had found the exact architectural Achilles’ heel or if the bomb had been a little bit bigger, not much more, 500 pounds more, I think it would have brought her down.” Ramzi Yousef, who has close ties to bin Laden, organizes the attempt. [Village Voice, 3/30/1993; US Congress, 2/24/1998] The New York Times later reports on Emad Salem, an undercover agent who will be the key government witness in the trial against Yousef. Salem testifies that the FBI knew about the attack beforehand and told him they would thwart it by substituting a harmless powder for the explosives. However, an FBI supervisor called off this plan, and the bombing was not stopped. [New York Times, 10/28/1993] Other suspects were ineptly investigated before the bombing as early as 1990. Several of the bombers were trained by the CIA to fight in the Afghan war, and the CIA later concludes, in internal documents, that it was “partly culpable” for this bombing (see January 24, 1994). [Independent, 11/1/1998] 9/11 mastermind Khalid Shaikh Mohammed is an uncle of Yousef and also has a role in the WTC bombing (see March 20, 1993). [Independent, 6/6/2002; Los Angeles Times, 9/1/2002] One of the attackers even leaves a message which will later be found by investigators, stating, “Next time, it will be very precise.” [Associated Press, 9/30/2001]

Entity Tags: World Trade Center, Ramzi Yousef, Khalid Shaikh Mohammed, Federal Bureau of Investigation, Emad Salem, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Terry Nichols, who with his friend Timothy McVeigh is finalizing plans to bomb a federal building in Oklahoma City (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995), considers backing out of the bombing plan entirely. He makes it clear to McVeigh that he does not want to be involved on the day of the bombing. Nichols obtains fake identification to help in avoiding the authorities after the bombing. He and McVeigh decide to detonate the bomb on April 19, the second anniversary of the Branch Davidian debacle in Texas (see April 19, 1993 and April 19, 1993 and After). [Douglas O. Linder, 2001] Two inmates, David Hammer and Jeffrey Paul, who spend time on death row with McVeigh after his conviction (see June 2, 1997), will write in a 2004 book Secrets Worth Dying For that McVeigh solicits and receives assistance from residents of the white supremacist community Elohim City (see November 1994, (April 1) - April 18, 1995, and April 5, 1995). McVeigh, the two will write, wants to be considered the mastermind of the plot, and his future statements will downplay the role of Nichols and others in the bombing. After his arrest, McVeigh will take a polygraph test that shows he is truthful in discussing his own role in the bombing, but “evasive” about the roles others may play. Hammer and Paul will contend that four Elohim City residents with ties to the Aryan Republican Army (see 1992 - 1995, October 12, 1993 - January 1994, and November 1994) meet several times with McVeigh in March and April 1995 in the Arizona desert, where, the authors will claim, “they conducted ‘dry runs’ of the ‘planting the bomb and getting away.’” Hammer and Paul will also write that McVeigh informs them he consults with a man named “Poindexter,” an apparent bomb expert who advises McVeigh on bomb assembly. [Douglas O. Linder, 2006]

Entity Tags: David Hammer, “Poindexter”, Aryan Republican Army, Elohim City, Jeffrey Paul, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The Imperial Motel in Kingman, Arizona.The Imperial Motel in Kingman, Arizona. [Source: Cardcow (.com)]Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) puts the final touches on his bombing plan from Room 212 at the Imperial Motel on Route 66 in Kingman, Arizona, having left the Sunset Motel in Junction City, Kansas, two nights before. McVeigh’s co-conspirator, Terry Nichols, tells McVeigh he does not want to be involved on the day of the bombing (see March 1995). [New York Times, 4/29/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 125; Douglas O. Linder, 2001] During this time, McVeigh calls a white supremacist compound on the Arkansas-Oklahoma border, apparently to solicit someone to help him carry out the bombing in Nichols’s stead (see April 5, 1995). He also rents a movie, Blown Away, about an IRA terrorist who sets a number of deadly bombs, and watches it twice. The owner of the Imperial Motel, Helmut Hofer, gives him a discount because of his military service. Hofer will later recall McVeigh as a quiet man who wears camouflage fatigues and drives a green “rust bucket” Pontiac with Arizona license plates (see January 1 - January 8, 1995 and 9:03 a.m. -- 10:17 a.m. April 19, 1995). “He didn’t go out, he didn’t make phone calls, he didn’t do anything,” Hofer will recall. “He just sat up there and brooded.” His only luggage, Hofer will recall, is a green duffel bag. McVeigh lists his address as a post office box in Fort Riley, Kansas, though he has not lived on the Army base there since his discharge from the Army in 1991 (see November 1991 - Summer 1992). Hofer will recall, “I thought he was in the reserves because of the way he came in here all dressed up in his camouflage and black boots.” [New York Times, 4/29/1995; New York Times, 5/4/1995; Stickney, 1996, pp. 172; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 125] McVeigh checks out of the Imperial Motel on April 11. [Serrano, 1998, pp. 125] In 2004, according to a book written by two inmates who will come to know McVeigh after his conviction (see June 2, 1997), McVeigh meets with a bomb expert named “Poindexter” during his stay at the Imperial Motel. [Douglas O. Linder, 2006]

Entity Tags: Terry Lynn Nichols, Helmut Hofer, “Poindexter”, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The Murrah Federal Building before the bombing.The Murrah Federal Building before the bombing. [Source: Oklahoma City National Memorial (.com)]Oklahoma City bomb plotter Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995) meets his partner Timothy McVeigh (see April 15, 1995) at a gas station next to a Dairy Queen in Herington, Kansas, where Nichols lives (see (February 20, 1995)). (McVeigh had expected to meet Nichols at Geary State Park in Kansas earlier this morning, but Nichols failed to appear.) The two travel separately to Oklahoma City to scout the location for planting the fertilizer bomb they have constructed (see December 22 or 23, 1988 and September 13, 1994); McVeigh leaves his getaway car (see April 13, 1995), backing it up against a brick wall and leaving a note (that obscures the car’s VIN number) asking that the car not be towed. They then drive back to Kansas, arriving sometime before 2:00 a.m on April 17. Nichols drops McVeigh off at a McDonald’s restaurant in Junction City, and drives back to Herington. Nichols has already told McVeigh he does not want to be directly involved in planting the bomb (see March 1995 and March 31 - April 12, 1995). When the bomb detonates three days later (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Nichols is at his Kansas home. [PBS Frontline, 1/22/1996; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Different Account of Events - In statements given to authorities shortly after the bombing (see 3:15 p.m. and After, April 21-22, 1995 and April 25, 1995), Nichols will tell a very different version of events. Nichols will say that on April 16, Easter Sunday, he plans on taking his family to mass at a local Catholic church, drives to the church, and returns with the news that there are no services being held. Instead, Nichols will say, he and the family drive 25 miles to St. Xavier’s in Junction City. They then return home and have an Easter meal. Sometime after 3:00 p.m., he will say, McVeigh calls him and asks him to pick him up in Oklahoma City, asks him to tell his wife Marife that he is driving to Omaha, not Oklahoma City, and asks him to “keep this between us.” McVeigh, Nichols will say, has a television that once belonged to Nichols’s ex-wife Lana Padilla, and wants Nichols to come get the television. Nichols will say he wants the television as his son Joshua, who usually lives with Padilla but is visiting him, wants to watch television during his stay. Joshua asks to go with his father to Omaha and Nichols turns him down. Nichols drives from Herington to Oklahoma City, a five-hour trip, picks up McVeigh, and drives to Junction City, Kansas. Nichols will say that he drives by the Murrah Federal Building two or three times before seeing McVeigh in an alley and picking him up. During the drive to Junction City, McVeigh tells Nichols, “Something big is going to happen” (see April 15, 1995). Nichols, who will claim to be unaware of any plans to detonate a bomb (see March 31 - April 12, 1995), asks, “Are you going to rob a bank?” to which McVeigh repeats his previous statement, “Something big is going to happen.” According to Nichols’s story, he then drops McVeigh off in Junction City and returns to Herington sometime after midnight. Marife Nichols will confirm that Nichols brings a television into the house with him; she will see it when she wakes up on April 17. It is old and almost completely unusable, being without an antenna; Nichols will later get cable television activated. Nichols will claim that on April 17, the family watches rented videos on the television, including The Lion King, and will claim that he spends some of the day puttering around the house, trying to fix a broken fuel meter that he wants to resell. He will say that he takes the family to eat dinner at a steakhouse that evening, then drives to the airport to see Joshua off (see (6:00 p.m.) April 17, 1995). Nichols will say that he will not hear from McVeigh again until April 18 (see Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). [New York Times, 4/26/1995; Associated Press, 3/16/1996; Serrano, 1998, pp. 146-148]

Entity Tags: Timothy James McVeigh, Marife Torres Nichols, Geary State Fishing Lake And Wildlife Area, Murrah Federal Building, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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

Timothy McVeigh sits in the courtroom during his trial.Timothy McVeigh sits in the courtroom during his trial. [Source: India Times]Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is convicted on all 11 counts of murder and conspiracy. [University of Missouri-Kansas City School of Law, 6/2/1997; Douglas O. Linder, 2001] The jury deliberates for over 23 hours, spread over four days (including a weekend), before announcing it has a verdict. McVeigh, who enters the courtroom with a smile on his face, shows no emotion when the guilty verdicts are read aloud by US District Judge Richard Matsch; Matsch polls the 12 jurors to ensure that they are indeed unanimous in their verdict. McVeigh is convicted of first-degree murder in the deaths of eight law enforcement agents who died in the blast, one count of conspiracy to use a weapon of mass destruction, one count of using a weapon of mass destruction, and one count of destruction of a federal building. McVeigh awaits a trial in Oklahoma, where he will face 160 counts of murdering the civilians who died in the bombing; Oklahoma City district attorney Bob Macy says he will file state charges that will bring both McVeigh and fellow conspirator Terry Nichols to court to face the death penalty. Many family members break down in tears as the verdicts are read; one woman shouts, “We got him!” Lead prosecutor Joseph Hartzler accepts an ovation from the gallery, and later says: “We’re obviously very pleased with the verdict. We always had confidence in our evidence. Now maybe everyone else will have confidence in our evidence.” Defense attorney Stephen Jones says he will prepare his client for the sentencing phase, where many feel McVeigh will be sentenced to death (see June 11-13, 1997). (Both sets of attorneys are under a judicial gag order preventing them from discussing the details of the case.) Jannie Coverdale, who lost her grandchildren in the blast, says she has mixed emotions: “This is bittersweet. After all, this is a young man who has wasted his life. I’m glad they found him guilty, but I’m sad for him, too. I feel sorry for him. He had so much to offer his country.… I want him to get the death penalty, but not out of revenge. It’s necessary. I haven’t seen any remorse from Timothy McVeigh. If he ever walked the streets, he would murder again. I don’t want to see that.” Asked if the verdict will bring her closure, she says: “I don’t think there will ever be closure. Too many people are missing.” Sharon Ice, whose brother Paul Douglas Ice was one of the federal agents killed in the bombing, calls McVeigh a “monster.” Former judge Durant Davidson says he supports the verdict: “I don’t have any question about that. There was a time before the trial started that I didn’t know. [But] after having followed it, there would not have been any question in my mind.” In Washington, President Clinton refuses to comment directly on the verdict, citing the judge’s gag order, but says: “This is a very important and long overdue day for the survivors and families of those who died in Oklahoma City.… I say to the families of the victims, no single verdict can bring an end to your anguish. But your courage has been an inspiration to all Americans. Our prayers are with you.” [Denver Post, 6/3/1997; New York Times, 6/3/1997; Washington Post, 6/3/1997; Associated Press, 1/11/1998] McVeigh’s father William and his sister Jennifer release a statement from their Pendleton, New York, home that reads in part: “Even though the jury has found Tim guilty, we still love him very much and intend to stand by him no matter what happens. We would like to ask everyone to pray for Tim in this difficult time.” [Washington Post, 6/3/1997] Later, a juror says he and his fellows grew more convinced of McVeigh’s guilt with each day that the trial continued. “There is no justification for that kind of action,” juror Tony Stedman will say. [Associated Press, 1/11/1998] As the prosecution leaves the courthouse, a weeping woman pushes her way towards lead attorney Joseph Hartzler, throws her arms around him, and says, “Dear God, thank you for what you have done.” [Serrano, 1998, pp. 292]

Entity Tags: Jannie Coverdale, Paul Douglas Ice, Jennifer McVeigh, Joseph H. Hartzler, Richard P. Matsch, William Jefferson (“Bill”) Clinton, Robert (“Bob”) Macy, Tony Stedman, Sharon Ice, William (“Bill”) McVeigh, Terry Lynn Nichols, Stephen Jones, Timothy James McVeigh

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), says his lead defense lawyer Stephen Jones “screwed up badly,” accuses Jones of lying to him repeatedly, and says he does not want Jones to continue representing him (see August 14, 1997). The Buffalo News has reported that McVeigh told a reporter: “It’s a cultural clash between us. Jones would be a politician, and I’d be a statesman.… The truth is this guy only succeeded in getting the death sentence and now he doesn’t want to let go.” An appeals court names Robert Nigh Jr., one of McVeigh’s trial lawyers, to be in charge of his appeal. [New York Times, 8/14/1997; New York Times, 8/28/1997; Serrano, 1998, pp. 319] In a statement given to the press after McVeigh’s sentencing, law professor and appellate lawyer Alan Dershowitz agreed with McVeigh. “When [McVeigh] gets to prison, he’s going to learn that his lawyer did a terrible job,” said Dershowitz. “This is going to be the grist of the eventual appeal. This was an awful, awful defense.… His lawyers seemed to be more interested in their own reputations.” [Washington Post, 6/14/1997] Four days later, Jones agrees to resign as McVeigh’s counsel. Jones denies lying to McVeigh, saying: “No one has lied to Mr. McVeigh on the defense team. Certainly I haven’t lied to him, and I can’t imagine that anybody else” on the defense team has. “I think it would be extremely difficult to represent him in view of these statements he has made that have no basis in fact. He doesn’t have any basis to seek my withdrawal, but I have a basis to seek it.” He refers to McVeigh as a “liar and an ingrate.” McVeigh has said he will leave it to “Congress, the bar, and the judiciary to investigate and discover” the alleged lies and misconduct of Jones. He also has said he bears no ill will towards the jurors who convicted him, stating, “I thought they ruled too much on emotion, but I wanted to convey no personal vendetta against them.” He said some of the prosecution’s evidence against him “was false or some could be reasonably explained by other phenomenon.” [New York Times, 8/19/1997; New York Times, 8/21/1997; Fox News, 4/13/2005] Shortly thereafter, Jones will announce that he has signed a contract to write a book about the trial. [Serrano, 1998, pp. 319] In 1998, the press will report that when McVeigh learned of Jones’s book deal, he considered it a betrayal, and wrote: “Mr. Jones did this without informing me and without my consent. I cannot believe that his account will not be based upon confidential communications. I consider this to be a betrayal.” Jones will respond that McVeigh knew of his book deal, and discussed whether Jones could help his sister Jennifer find an agent to represent her for her own book deal. Jones will write: “I intend to write a book not about Mr. McVeigh, but about my personal experiences of my role and what it was like for me. All the material for this book is either in the court records, the transcripts and exhibits, or in the press. None of it comes from Tim or any source confidential to him.” The writings from McVeigh and Jones will come from documents later unsealed by the court. [New York Times, 2/11/1998]

Entity Tags: Robert Nigh, Jr, Stephen Jones, Alan M. Dershowitz, Timothy James McVeigh, Buffalo News

Timeline Tags: US Domestic Terrorism

The prosecution concludes its case against accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) with a gripping story by Marine Captain Matthew Cooper, telling of his attempts to rescue colleagues from the rubble of the devastated Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Legal experts say the prosecution presented a convincing, but not necessarily overwhelming, case against Nichols, who is charged with eight counts of first-degree murder and four counts of conspiracy related to the bombing. Nichols’s co-conspirator, Timothy McVeigh, has already been sentenced to death for the crime (see June 2, 1997 and June 11-13, 1997). Essentially, the prosecution used a mountain of circumstantial evidence to tie Nichols to the crime, even though he was not in Oklahoma City on the day of the bombing (see April 16-17, 1995). Law professor Christopher Mueller says, “There is a huge combination of circumstances that connect Nichols to McVeigh just as there was a huge combination of circumstances connecting McVeigh to the bombing.” Legal analyst Andrew Cohen says: “If the jurors followed the prosecution’s story, then Nichols is in big trouble. But the defense has already done a good job showing that there are inconsistencies and contradictions and those could be enough to hang a jury.” Analysts say the prosecutors were less successful in introducing emotion into the Nichols trial than the prosecutors in the McVeigh trial. And prosecution eyewitnesses such as Cooper and Michael Fortier (see November 12-13, 1997) were less effective in this trial than they were in testifying against McVeigh. Nichols’s defense lawyers have successfully challenged the prosecution’s attempts to have witnesses like Cooper tell graphic and emotionally wrenching stories; today, Cooper’s testimony is brief and matter-of-fact, whereas during his testimony in McVeigh’s trial, he was detailed and emotional, breaking into tears during his stint on the stand. Also, analysts say, the prosecution was not entirely successful in portraying Nichols’s motive for taking part in the bomb plot. [Washington Post, 12/3/1997]

Entity Tags: Christopher Mueller, Andrew Cohen, Matthew Cooper, Michael Joseph Fortier, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The prosecution and defense in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) give their closing statements.
Prosecution: Nichols an Eager Participant - Prosecutor Beth Wilkinson tells the jury that even though Nichols was at home on the day of the bombing, he was an eager participant in the bomb plot, and shares the violent anti-government views of his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Like McVeigh, she says, Nichols wanted to strike back at the federal government for its role in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He intended death, destruction, and chaos in Oklahoma City on April 19, 1995,” she says. His favorite quote is from Founding Father Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” However, “Thomas Jefferson never bombed a day care center.” Nichols was involved in the plot from its inception in September 1994, when he left his job on a Kansas ranch “to begin gathering bomb components” (see September 13, 1994 and September 23, 1994), Wilkinson says. Nichols used aliases, such as “Mike Havens,” to purchase several tons of ammonium nitrate fertilizer, a key component in the bomb (see September 22, 1994 and September 30, 1994). He took part in the robbery of a quarry to secure explosives and explosive components (see October 3, 1994), and took part in the purchase of three barrels of nitromethane racing fuel from a Texas dealer (see October 21 or 22, 1994). Nichols also robbed an Arkansas gun dealer to help finance the bombing (see November 5, 1994), a fact confirmed by testimony given by McVeigh’s friend Michael Fortier (see November 12-13, 1997) and by the FBI finding items taken in that robbery in Nichols’s possession (see 3:15 p.m. and After, April 21-22, 1995). Nichols and McVeigh had assembled most of what they needed by November 1994, she says, when Nichols went to the Philippines (see November 5, 1994 - Early January 1995); after that point, she says, “all they had to do was wait.” When Nichols returned from his trip, they resumed their activities, using sales of guns and ammonium nitrate at gun shows to give themselves alibis. In contrast to a claim made in the opening statement by Nichols’s lead lawyer, Michael E. Tigar, she says Nichols was not building a life, “he was building a bomb, and he was building an alibi.” Wilkinson says that witnesses who testified they saw McVeigh with an unidentified person, and not Nichols, in the days before the bombing (see December 2-3, 1997, December 4, 1997, and December 9, 1997), were just plain wrong. Referring to the now-infamous “John Doe No. 2,” she says: “As a result of the media frenzy, sightings of John Doe 2 were about as common and credible as sightings of Elvis. No one is telling you Tim McVeigh was never with anyone else. The issue here is, who is on trial? John Doe 2 is not on trial. Tim McVeigh is not on trial. This is the trial of Terry Nichols.” Concluding the prosecution’s close, lead prosecutor Larry Mackey tells the jury, “It’s finally time—it’s time for justice” in what he calls “America’s most horrific crime.”
Defense: Nichols Victimized by Government - Tigar tells the jury that Nichols is the victim of a farrago of errors and circumstance; the evidence against him, Tigar says, is comprised of dishonest witnesses, sloppy investigation, and misleading circumstantial evidence. “It’s kind of like a stick on the ground, as Sherlock Holmes told Watson,” Tigar says. “If you stand here and look, it seems to point there. But if you walk around to the other side, it points in the opposite direction.” A fellow defense lawyer, Ronald G. Woods, attacks the government’s case, saying, “Anything that differs from the government’s theory, they discount, put aside, ridicule.” The witnesses who saw other men in McVeigh’s company during key moments in the bomb construction timeline were neither wrong nor mistaken, he says. Neither Tigar nor Woods refer at any length to the testimony of Nichols’s wife Marife, which is largely viewed as damaging to their client (see December 10-11, 1997). Tigar continues his previous attack on Fortier, saying: “Michael Fortier is the only witness who says he ever heard anyone say they wanted to bomb the Murrah Building. His testimony was bought and paid for, not with money but with a coin that only the government has the ability to print and hand out, and that is immunity from punishment.” Tigar says that Fortier was far more of a conspirator in the McVeigh plot than Nichols, and accuses the government of turning Fortier from a co-conspirator into a witness. Woods accuses the FBI of manipulating and fabricating witness testimony. Tigar concludes tearfully: “One hundred sixty-eight people died in Oklahoma City. We have never denied the reality of that.” But this is a nation that promises equal justice under law, he says, “rich or poor, neighbor or stranger, tax protester or not, someone who’s different from us, or not.… Members of the jury, I don’t envy you the job that you have,” he says, placing his hand on Nichols’s shoulders. “But I tell you, this is my brother. He’s in your hands.” [New York Times, 12/16/1997; New York Times, 12/17/1997]

Entity Tags: Michael Joseph Fortier, Beth Wilkinson, Larry A. Mackey, Michael E. Tigar, Terry Lynn Nichols, Timothy James McVeigh, Ronald G. Woods, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

After the closing arguments (see December 15-16, 1997) in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), Judge Richard P. Matsch sends the jury to begin its deliberations. Jurors will not be sequestered and are free to go home at the end of the day. Matsch reminds the jury that “individuals, including Mr. Nichols, have the right under the First Amendment to assemble and discuss even the most unpopular ideas, including unlawful acts, and such a discussion does not constitute an unlawful agreement.” He also tells the jurors to weigh the case solely on the evidence. [New York Times, 12/17/1997] Matsch gives the Nichols jury more leeway than he gave the jury that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Though Nichols faces the same charges that McVeigh faced, Matsch tells the jurors that they can consider charges of first-degree murder, second-degree murder, or involuntary manslaughter for Nichols in the deaths of eight federal law enforcement agents in the bombing. (Because McVeigh and Nichols were tried in federal courts, they could only face charges of murdering federal agents. Both men await state charges of murdering the other 160 victims.) If convicted, Nichols could escape with as little as six years in prison without parole for his role in the deaths of the agents, or he could be sentenced to death. McVeigh’s former lawyer Stephen Jones (see August 14-27, 1997) says: “I suspect the judge’s thinking went something like this: There was no evidence Nichols was in Oklahoma City on Wednesday and that he himself set off the bomb, so the jury might infer that while he wanted to blow up the building, he didn’t specifically want to kill these people.” To find Nichols guilty of first-degree murder, the jurors must conclude that he is guilty of premeditated murder; if they do not agree on premeditation, then their next choice is second-degree murder, or failing that, involuntary manslaughter, “the unlawful killing of a human being without malice.” This would be a “lawful act, done without due caution, which might produce death,” he says. Jones is critical of Matsch’s guidelines, saying: “I can’t imagine how the judge persuaded himself to give an instruction on manslaughter. I don’t see how you get involuntary manslaughter out of building a bomb. It’s like a virgin prostitute.” [New York Times, 12/19/1997; New York Times, 12/23/1997]

Entity Tags: Terry Lynn Nichols, Richard P. Matsch, Stephen Jones, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 15-16, 1997) is convicted of one count of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter. He is found not guilty of use of a weapon of mass destruction (see April 16-17, 1995), and of using an explosive, as well as the more serious charges of first-degree and second-degree murder. The jury took 41 hours over six days to decide Nichols’s fate (see December 16-18, 1997). By rejecting the murder charges in the deaths of eight federal law-enforcement officials, the jury concludes that Nichols did not provably intend to kill the people inside the Murrah building. Observers and researchers such as law professor Douglas O. Linder will later conclude that the jury believed the defense’s contention that Nichols had withdrawn from the bombing plot (see March 1995 and March 31 - April 12, 1995), and was probably swayed by Nichols’s decision to stay home on the day of the bombing instead of joining convicted bomber Timothy McVeigh in Oklahoma City (see June 2, 1997) at the bomb site. The jury may also have been moved by Nichols’s show of emotion during the trial; unlike the stoic McVeigh, Nichols broke down and wept during several moments in the proceedings. Legal analysts say the split verdict is in part because of a much more effective defense (see December 2, 1997) than that presented by Nichols’s co-conspirator, McVeigh (see August 14-27, 1997), who was sentenced to death for carrying out the bombing (see June 2, 1997). Kentucky defense lawyer Kevin McNally says of the verdicts: “[They mean] he had a much less culpable state of mind regarding the homicides. To the jury, he engaged in certain actions that were reckless, but it wasn’t a premeditated killing.” Former federal prosecutor Marvin L. Rudnick says the jury “probably compromised” on the involuntary manslaughter verdicts. Lead prosecutor Larry Mackey says: “The jury has spoken. We accept their verdict in its entirety. We are prepared to go forward now with the penalty phase.” Nichols’s lead attorney, Michael Tigar, immediately files an appeal and says he will challenge any attempt by the jury to sentence Nichols to death. However, analysts feel that Nichols will escape execution. Denver attorney Andrew Cohen says: “I would be very surprised if the jury sentenced Nichols to death. They distinguished in their own minds what both men did.” Both McVeigh and Nichols face 160 counts of murder in an Oklahoma state court. [New York Times, 12/23/1997; Washington Post, 12/24/1997; New York Times, 12/24/1997; Douglas O. Linder, 2001; Indianapolis Star, 2003; Douglas O. Linder, 2006] Under federal law, a conviction of conspiracy to use a weapon of mass destruction can lead to the death penalty. The law is only three years old and has never been used. This death penalty provision was passed by Congress in 1994 after the bombing of the World Trade Center in New York (see February 26, 1993). [New York Times, 12/25/1997]
Mixed Reactions - Predictably, reactions regarding the verdict are mixed. Claudia Denny, whose two children were seriously injured in the blast, says, “We’re all disappointed, but we can live with it.” She says she would have preferred murder convictions, but “one more terrorist is off the street.… The important thing to us now is our children. This doesn’t change that. It doesn’t matter.” Bud Welch, who lost his daughter in the bombing, says that the involuntary manslaughter convictions were inappropriate because that charge is what people get “for running a stoplight” and killing someone with a car. Diane Leonard, whose husband was one of the eight law enforcement agents killed, calls the verdict “a slap in the face.” Marsha Knight, whose daughter was one of the 160 civilians killed in the blast, says: “He conspired to build the bomb. What the hell did they think he was going to do with it?” [New York Times, 12/24/1997; Washington Post, 12/24/1997] President Clinton says the convictions of McVeigh and Nichols “should offer a measure of comfort” to the relatives of the victims. But, he adds, “I know that no verdict in a court of law can ease the loss of a loved one.” [New York Times, 12/23/1997]
Judge Offers Leniency, Nichols Turns Down Offer - Judge Richard Matsch later tells Nichols he will consider some leniency in sentencing him to prison if he cooperates in helping the government learn more about the bombing conspiracy. Nichols rejects the offer. [Indianapolis Star, 2003]

Entity Tags: Andrew Cohen, Kevin McNally, Bud Welch, Douglas O. Linder, Claudia Denny, Diane Leonard, William Jefferson (“Bill”) Clinton, Marvin L. Rudnick, Timothy James McVeigh, Marsha Knight, Michael E. Tigar, Terry Lynn Nichols, Richard P. Matsch, Larry A. Mackey

Timeline Tags: US Domestic Terrorism

After two days of deliberations and testimony, the jury in the trial of convicted Oklahoma City bomber Terry Nichols (see December 23, 1997) deadlocks on whether Nichols should be sentenced to death (see October 20, 1995). The task of sentencing Nichols now falls to US District Judge Richard Matsch, who excuses the jury and begins considering the sentencing himself. Matsch has the option of sentencing Nichols to life in prison, or to a lesser term. Both Nichols and his partner, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), face murder charges in the state of Oklahoma. The prosecution put on witnesses who provided graphic, emotional testimony about the carnage and personal losses caused by the blast, while the defense painted Nichols as a loving family man who became caught up in a conspiracy he could not control. Prosecutors, already displeased by the jury’s failure to find Nichols guilty of first-degree murder, are further dismayed by the jury’s actions. Some relatives of the bombing victims, many of whom have attended every day of the trial, leave the courtroom in tears. Jury forewoman Niki Deutchman says: “I think he was building a life; he may also have been building a bomb. I don’t know.… The government wasn’t able to prove beyond a reasonable doubt a whole lot of the evidence. The government didn’t do a good job of proving Terry Nichols was greatly involved in this.” She says some jurors did not believe that Nichols was an equal partner in the bombing with McVeigh, and some believe his role to be peripheral at best. The prosecution’s case, Deutchman says, had large holes which some jurors believe preclude a death sentence. “There were a lot of specific acts [alleged by the government] that I had doubts about,” she says. The FBI came across as “arrogant” and “sloppy” in its investigation, Deutchman says, and notes: “I think the government’s attitude… is part of where all this comes from in the first place. I think maybe it’s time the government be more respectful… and not with the attitude that we know and you don’t, we have the power and you don’t.” Other jurors cite the failure of FBI agents to tape-record their initial interrogation of Nichols (see 3:15 p.m. and After, April 21-22, 1995) as one of many troublesome acts carried out by law enforcement officials. Diane Leonard, who lost her husband in the bombing, expresses her horror at the failure to impose the death sentence, saying: “At the verdict, I felt like a knife was piercing my chest. In any civilized society, death is the only appropriate punishment for such an horrendous act.” Other relatives of the victims call the jury inept and unfair. Matsch praises the jury, saying: “You worked at it; there’s no question about it. The result here will be subject to comment by many. There will be some who will criticize it. There will be some who praise it. You know that you are answerable to no one for your decisions.” Nichols’s lead attorney, Michael Tigar, says, “The jury has spoken, and the judge in summarizing this proceeding has given everybody an invaluable object lesson on how the American justice system works.” Denver lawyer Scott Robinson, who has attended the trial as a media commentator, reminds onlookers: “You can make any calculation you want; Terry Nichols is not going home any time soon or ever. I call it a Methuselah sentence. Only Methuselah would live to see the light of day.… It’s not a crushing defeat for the prosecution. If people view it as that, shame on them.” [Washington Post, 1/8/1997; New York Times, 12/30/1997; New York Times, 1/2/1998; Boston Globe, 1/8/1998; New York Times, 1/8/1998; Douglas O. Linder, 2001]
Analysts, Oklahoma Governor Weigh In - Denver attorney Andrew Cohen, like Robinson and other legal analysts, says the outcome is understandable. “You had far less evidence against Nichols than you had against McVeigh and I think that’s the ultimate truth about this Nichols trial,” he says. “I think that justice was served in the first trial and, I think, that the result of this Nichols trial, when the judge sentences Nichols, will be about as close to justice as I can imagine.” Law professor Christopher Mueller notes that Nichols wasn’t in Oklahoma City when the bomb was detonated (see March 1995 and April 16-17, 1995), and defense lawyers were skillful in casting doubt on whether Nichols actually helped McVeigh assemble the bomb (see April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995)). “A verdict of death for Timothy McVeigh and a verdict of a long prison term for Terry Nichols is a just outcome,” he says. Oklahoma Governor Frank Keating is sharply critical of the failure to sentence Nichols to death. “This was the most monstrous act of terrorism ever in the history of the United States,” he says. “The people who did this deserve the death sentence and certainly life in prison—and that hasn’t happened here yet.” Vera Chubb, who served on McVeigh’s jury, is dismayed by the outcome. “They [McVeigh and Nichols] had two years to plan this. If I knew of a friend or anyone that I thought was going to do this horrendous crime, I would have said something,” she says. “I was completely dismayed by this jury.” [Associated Press, 1/11/1998] Keating adds that he is “disappointed with the jury. They were expected to make this decision. This is what juries are supposed to do, and they walked away from it. I’m cautiously optimistic that Judge Matsch, who is a tough, no-nonsense, fact-filled, moral judge will make a decision to impose a life sentence on Nichols. We do have a backup prosecution in Oklahoma which, of course, I support, and we’ll wait and watch and see what happens.” [New York Times, 1/8/1998]

Entity Tags: Frank Keating, Christopher Mueller, Andrew Cohen, Federal Bureau of Investigation, Diane Leonard, Vera Chubb, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch, Scott Robinson, Michael E. Tigar, Niki Deutchman

Timeline Tags: US Domestic Terrorism

Prosecutors in Oklahoma City say they want a joint trial for convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) on 160 charges of first-degree murder. Oklahoma County District Attorney Robert Macy says he intends to bypass the customary grand jury and file charges against the two on his own for the 160 civilians who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). According to Assistant District Attorney Richard Wintory, Macy wants a joint trial with two separate juries. Trying the two again is not a violation of the constitutional ban on double jeopardy, because they were convicted on federal charges that involved the deaths of eight federal agents (see August 10, 1995). They have not been tried for the deaths of the 160 civilians. Wintory says the use of a double jury would save a great deal of time because “there is such a large overlap of the evidence” against both men. When evidence that has been ruled inadmissible against one defendant is to be introduced against the other, Wintory says, the jury that may not hear that evidence will be asked to leave the room. Double juries have been used successfully in other trials, and would spare the survivors and victims’ families of the bombing the stress and trauma of two more trials, a point agreed to by Jeffrey Abramson, a professor of government at Harvard. He says “the idea of two consecutive trials on top of two consecutive trials is too much for the public, the defendants, and the families to bear.” The use of two juries is “a way of balancing defendants’ rights and victims’ rights in a speedy trial.” However, “[i]t changes the psychodynamics of what it means to be on a jury. Two juries sitting in the same room will eyeball the defendant they’re not being asked to try. Certainly, this is not in Terry Nichols’s best interest. If I were his defense lawyer, I would resist.” Having McVeigh and Nichols in the same courtroom “carries a certain suggestion they were in cahoots.” [New York Times, 1/9/1998]

Entity Tags: Timothy James McVeigh, Jeffrey Abramson, Richard Wintory, Terry Lynn Nichols, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), sends a 16-page letter to Judge Richard Matsch declaring that he would give up his life if it would bring back the 168 people who died in the blast. “If I in any way contributed to the Oklahoma City bombing, I am truly sorry,” he writes. “I’ve tried and tried, but there are no words that I can express to the victims and survivors for the loss, pain, sorrow, and heartache that they have gone through and will continue to go through for the rest of their lives.… I wish I could change the past, but I can’t. No one can. This is not anything that I ever wanted to happen. It’s a totally senseless act. This is a burden that I will carry with me all my life.” Nichols says that he never wanted to harm or kill anyone or to damage or destroy any buildings, and writes: “I would not do a horrible thing such as a terrorist bombing.… My heart truly goes out to the victims and survivors. And I am sincere when I say that I would give my life if it would bring back all those that died in the bombing.” He implies that he never believed his co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) would actually go through with the bombing. [New York Times, 3/25/1998; Chicago Tribune, 6/5/1998; Indianapolis Star, 2003; Douglas O. Linder, 2006; The Oklahoman, 4/2009]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), refuses an offer of leniency in his upcoming sentencing, an offer contingent on his cooperation in the FBI’s continuing investigation of the bomb plot. In a brief filed by his lawyers, Nichols says any such cooperation would help the state of Oklahoma convict him on 160 counts of murder relating to the bombing. He does offer to look over the thousands of pages of government evidence in an attempt to help the government pinpoint any other suspected participants. Judge Richard Matsch has said he would sentence Nichols to life in prison unless Nichols cooperates with the FBI. Nichols’s lawyer Michael E. Tigar has said that Nichols still faces a state murder investigation in Oklahoma, and “whatever he says falls into hands that do not have his best interests at heart.” [New York Times, 3/26/1998; Washington Post, 4/21/1998]

Entity Tags: Terry Lynn Nichols, Richard P. Matsch, Michael E. Tigar

Timeline Tags: US Domestic Terrorism

Stephen Jones, the former lawyer for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and August 14-27, 1997), says he will fight a subpoena from a grand jury investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Documents unsealed today show that the grand jury asked the Oklahoma County District Attorney’s office in February to subpoena Jones. “I will not testify,” Jones says, citing both his attorney-client privilege and the Oklahoma shield law protecting journalists from testifying before grand juries. Jones says the shield law applies to him because he is writing a book and three law review articles about issues arising from the case that do not involve privileged information, as well as his appearances as a television commentator. The grand jury was convened after a campaign by Oklahoma State Representative Charles Key (R-Oklahoma City) and accountant Glenn Wilburn (see June 30, 1997). The grand jury does not have any connection with the District Attorney’s upcoming charges against both McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s current lawyer, Robert Nigh Jr., says the subpoena is a surprise to him. McVeigh has not waived his attorney-client privilege as it pertains to Jones, and any testimony by Jones could jeopardize McVeigh’s appeals. “He’s asked the 10th Circuit to grant a new trial,” Nigh says. “Anything revealed to the grand jury in the nature of defense work product could defeat our defense at a new trial and reveal our strategy.” Law professor Samuel Issacharoff has mixed feelings about the subpoena: “It should be unusual, exceptional and discouraged to try to turn lawyers into witnesses,” he says. “On the other hand, there is a distressing practice of lawyers holding press conferences and holding themselves out as commentators on the events of the day, including their perception of the client. The result is, they seem to invite this. It is a very unfortunate development because it places the lawyer’s interests starkly against those of the client.” [New York Times, 4/25/1998]

Entity Tags: Robert Nigh, Jr, Charles R. Key, Glenn Wilburn, Stephen Jones, Terry Lynn Nichols, Timothy James McVeigh, Samuel Issacharoff

Timeline Tags: US Domestic Terrorism

Judge Richard P. Matsch sentences convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997) to life in prison without the possibility of parole after his jury cannot decide whether to sentence him to death (see January 7, 1998). He is also sentenced to eight concurrent six-year terms for the deaths of eight federal agents. Matsch orders Nichols to pay $14.5 million in restitution to the General Services Administration (GSA) for the destruction of the Murrah Federal Building. Nichols swears he has only $40,000 in assets; Matsch says that any future proceeds he might receive for selling his story would be given over to the government. Nichols’s defense team tried in vain to assert that Nichols was a “dupe” of fellow defendant Timothy McVeigh (see June 11-13, 1997) and should be given a lighter sentence. Nichols, who refused to provide information about the bombing plot, gave Matsch a written apology (see March 10, 1998). Matsch says Nichols committed an act of treason that demands the most severe punishment: “The only inference that can be drawn from the evidence is that the purpose of the plan was to change the course of government through fear and intimidation.… The evidence shows to my satisfaction that the intention was to disrupt, to disorganize, to intimidate the operations of these agencies and United States government. Apparently, the intention was that the response would be fear and terror and intimidation and that these people would not be able to perform their work and that the response throughout the nation would be hysteria.… But you know, it didn’t work out that way. There was no anarchy. There was no reign of terror.… What occurred was that a community became even more united, and I think perhaps the country as well. We proceeded with the orderly processes of recovery and of restoration.… What he did was participate with others in a conspiracy that would seek to destroy all of the things that the Constitution protects. My obligation as a judge is to preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic. Terry Nichols has proven to be an enemy of the Constitution, and accordingly the sentence I am going to impose will be for the duration of his life. Anyone, no matter who that person might be or what his background might be, who participates in a crime of this magnitude has forfeited the freedoms that this government is designed to protect.” Prosecutors say they are pleased with the sentence, while Nichols’s defense lawyers continue to assert that Nichols did not intend to kill anyone in the bombing. Nichols’s lead attorney, Michael Tigar, files papers calling for a new trial; Matsch says he will schedule a hearing. Marsha Kight, whose daughter Frankie Ann Merrell was killed in the bombing, says: “I’m proud of what happened in the judicial system. I felt like singing ‘God Bless America.’ He got what he deserved.” [Chicago Tribune, 6/5/1998; Washington Post, 6/5/1998; New York Times, 6/5/1998; Douglas O. Linder, 2001; Indianapolis Star, 2003; Fox News, 4/13/2005] Nichols will serve his term in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). [Douglas O. Linder, 2006] Nichols refused an offer of leniency in return for his cooperation in further investigation of the bombing (see April 21, 1998).

Entity Tags: Frankie Ann Merrell, General Services Administration, Michael E. Tigar, Marsha Kight, Ramzi Yousef, Richard P. Matsch, Theodore J. (“Ted”) Kaczynski, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Federal Judge Richard P. Matsch gives permission for the Justice Department to assist the investigation of an Oklahoma grand jury investigating whether the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was carried out by more than the two men convicted of the crime (see June 30, 1997). Matsch presided over the trials of convicted bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). Matsch says he will allow a federal judge in Oklahoma to decide whether federal grand jury information used to indict McVeigh and Nichols (see August 10, 1995) could be used by the Oklahoma grand jury. [New York Times, 6/25/1998]

Entity Tags: Richard P. Matsch, Timothy James McVeigh, US Department of Justice, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The New York Times reports on previously undisclosed letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), as well as similarly undisclosed suspicions among McVeigh’s family members that he carried out the bombing—suspicions that they later shared with FBI investigators. According to the letters, all written to his younger sister and confidant Jennifer McVeigh, McVeigh was despondent over not being able to confide the extent of his anti-government activities to his family, even Jennifer, and at at least one point contemplated suicide. The Times obtained copies of the letters and summaries of the interviews, which were not presented at McVeigh’s trial last year.
Letters - An October 1993 letter to Jennifer (see October 20, 1993) expresses his distress over not being able to fully discuss his anti-government feelings and “lawless behavior,” and alleges that he left Special Forces training, not because he could not meet the physical requirements (see January - March 1991 and After), but because he learned that if he became a Green Beret, he could be required to take part in government-sanctioned assassinations and drug trafficking. A Christmas 1993 letter to Jennifer hints that he might be involved in bank robberies and/or other illegal activities (see December 24, 1993). And another letter, written four months before the bombing, warns her that he may “disappear” or go “underground” (see January 1995).
Family Suspicions - Jennifer told FBI investigators (see April 21-23, 1995) that she had an “eerie feeling” her brother was involved with the bombing. His father, William McVeigh, told investigators he was worried that McVeigh would do something to get in trouble; he also told investigators that his mother, Mildred Frazer, thought her son “did the bombing.” William McVeigh was not convinced of the government’s theory that his son’s anger over the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) was the trigger that set him on a path of destruction, a stance other family members emulated. William McVeigh told investigators that his son’s real problems may have begun over money, starting with the Army’s demand that he repay an “overpayment” (see March 1992 - February 1993), a demand that infuriated McVeigh. William McVeigh acknowledged that his son was obsessed with the deaths of the Branch Davidians, and told investigators that he and his son were at “opposite ends politically.” He said his son was bright but never really succeeded in life because he did not handle pressure well, did not take orders well, and had trouble handling the responsibilities of day-to-day work. But Jennifer thought that her brother’s breaking point came earlier, when he withdrew as a candidate for the Army’s Special Forces, as he wrote to her in an October 1993 letter (see October 20, 1993).
Undisclosed Evidence Suggesting Militia Ties - The Times also reports on previously undisclosed witness statements that indicate Timothy McVeigh may have had militia ties, something long suspected (see November 1992, January 23, 1993 - Early 1994, April 1993, April 19, 1993 and After, September 1993, October 12, 1993 - January 1994, March 1994, August - September 1994, September 12, 1994 and After, November 1994, and December 1994), but never made a large factor in McVeigh’s trial. One witness, a corrections officer who worked as a security guard in Kingman, Arizona, around the time McVeigh worked as a guard (see May-September 1993), told FBI investigators that he and his father once saw McVeigh with 10 or 15 other people dressed in camouflage in the desert north of Kingman in the fall of 1994. The group had firearms spread over the hood of an old yellow or tan station wagon, he said. The officer also said that he saw McVeigh’s friends Michael and Lori Fortier, whom he knew from high school, arrive—presumably at the desert meeting—in a small blue pickup truck with a white camper shell, a description that fits the truck owned at the time by McVeigh’s accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). The Fortiers have testified that Nichols came to their Kingman home in his blue pickup in October 1994, shortly after McVeigh had them rent a storage locker for him in which he stored stolen detonators and other explosives (see October 4 - Late October, 1994). [New York Times, 7/1/1998]

Entity Tags: Terry Lynn Nichols, Jennifer McVeigh, Federal Bureau of Investigation, Lori Fortier, New York Times, William (“Bill”) McVeigh, Michael Joseph Fortier, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A federal appeals court orders the release of evidence used in the federal trials of convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). The order paves the way for Oklahoma authorities to try the two on state murder charges related to the deaths of 160 civilians in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The appeals judges say they will delay release of the evidence to allow defense lawyers to appeal their ruling. [New York Times, 10/5/1998]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) asks a federal appeals court in Denver for a new trial, contending that Judge Richard P. Matsch, who presided over his trial, made a number of reversible errors in both the trial and sentencing. Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) has also asked for a new trial (see January 16, 1998), a request that was denied (see September 8, 1998). Nichols’s legal team, Michael Tigar, Susan L. Foreman, and Adam Thurschwell, argue that Matsch erred in the instructions he gave the jurors, in the testimony he permitted, and in his interpretation of federal sentencing guidelines. According to Nichols’s lawyers, Matsch erred when he told the jury that Nichols’s responsibility for the deaths of people killed as a result of the bombing conspiracy (see 8:35 a.m. - 9:02 a.m. April 19, 1995) did not depend on proof that Nichols intended to kill anyone. An intent to kill, Nichols’s lawyers contend, is a necessary element in the offense. The jurors who convicted Nichols of conspiracy acquitted him of blowing up the building and of first- or second-degree murder in the deaths of the officers. They also contend that Nichols should have been sentenced under federal guidelines for arson and property damage, not first-degree murder, and that the restitution order of $14.5 million is punitive. [New York Times, 11/22/1998]

Entity Tags: Richard P. Matsch, Adam Thurschwell, Susan L. Foreman, Michael E. Tigar, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, December 23, 1997, and June 4, 1998) is charged with 160 counts of murder at the state level in Oklahoma. Prosecutors say they will seek the death penalty. Nichols is serving a life sentence as a conspirator in the bombing of the Murrah Federal Building, which killed 168 people. The 160 counts of murder represent the civilians, as opposed to federal agents, killed in the blast. Oklahoma District Attorney Robert Macy says of Nichols’s previous convictions: “I’m not satisfied with the outcome of the Nichols trial. I feel like he needs to be tried before an Oklahoma jury.” Nichols escaped murder convictions in the previous trial. Along with the 160 counts of murder, Nichols faces one count of first-degree manslaughter for the death of a fetus, one count of conspiracy to commit murder, and one count of aiding and counseling in the placing of a substance or bomb near a public building. Macy says he intends to try Nichols’s convicted co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) at a later date. [New York Times, 5/30/1999; The Oklahoman, 4/2009]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

Michael E. Tigar, the lead defense attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998), says evidence given to the defense near the end of the federal trial provided enough information about another suspect to warrant a new trial (see March 31 - April 12, 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, April 13, 1995, April 15, 1995, April 15, 1995, April 15, 1995, April 16-19, 1995, 3:00 p.m. April 17, 1995, 3:00 - 5:00 p.m. April 17, 1995, April 17-21, 1995, (6:00 p.m.) April 17, 1995, 9:00 p.m. April 17, 1995, 8:00 a.m. April 18, 1995, 7:00 p.m. April 18, 1995, April 18, 1995, and Early Morning, April 19, 1995). “Government counsel argued that Mr. Nichols mixed the bomb and that he was with [fellow conspirator Timothy] McVeigh for long periods on April 17 and 18,” Tigar states (see April 13, 1995, April 15, 1995, April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). “The withheld evidence contradicts this key government theory.” Tigar called a number of witnesses who said they saw McVeigh with an unknown suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) and/or other people during key periods in the days and weeks leading up to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Tigar will demand those documents for his new trial request. [New York Times, 7/8/1999; Mayhem (.net), 4/2009] Judge Richard P. Matsch, who presided over the first trial, will deny Nichols’s request. [New York Times, 9/14/1999] In December 2000, a federal appeals court will also deny the request. [New York Times, 12/19/2000]

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

Timeline Tags: US Domestic Terrorism

Jayna Davis, appearing on a Fox News broadcast.Jayna Davis, appearing on a Fox News broadcast. [Source: Libertarian Republican (.com)]Former investigative reporter Jayna Davis, who once worked for KFOR-TV in Oklahoma City, tells Fox News’s Bill O’Reilly she has amassed evidence that she says proves Osama bin Laden was behind the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Former Army soldier Timothy McVeigh is awaiting execution for carrying out the bombing (see June 2, 1997 and June 11-13, 1997). Davis says that she attempted to give her evidence, comprised of court records, 24 witness statements, and reports from law enforcement, intelligence, and terror experts, to the FBI, which she says refused to accept the material. Davis says the FBI is involved in an elaborate conspiracy to conceal the existence of a Middle Eastern terror cell that carried out the bombing; law enforcement authorities have long dismissed the idea (see 10:00 a.m. April 19, 1995 and After) that the bombing was carried out by anyone other than McVeigh and his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). According to Davis’s version of events, a Middle Eastern terror cell was operating only blocks away from the Murrah Federal Building, the site of the bombing, and an Iraqi national who formerly served in Saddam Hussein’s Republican Guard was in contact with McVeigh on the day of the bombing. It was the Iraqi, not McVeigh, she says, who drove the Ryder truck containing the bomb to the federal building; he fled in a brown Chevrolet pickup truck. Davis says in the minutes after the bombing, an all-points bulletin was issued for the Iraqi, but it was inexplicably withdrawn shortly thereafter. Davis says the conspiracy consists of McVeigh, Nichols, and at least seven Middle Eastern men, with bin Laden masterminding the operation. “The evidence we have gathered definitely implicates McVeigh and Nichols,” she says. “I want to make that very clear. They were in it up to their eyeballs.” Of the FBI’s refusal to consider her evidence, she tells O’Reilly: “I was flabbergasted. I am unable to imagine any reason they would not accept it.” [WorldNetDaily, 3/21/2001]

Entity Tags: Osama bin Laden, Bill O’Reilly, Terry Lynn Nichols, Federal Bureau of Investigation, Timothy James McVeigh, Jayna Davis

Timeline Tags: US Domestic Terrorism

Stephen Jones, who represented convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says in an op-ed for the Daily Oklahoman he is willing to testify under oath that McVeigh did not act alone in the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). During McVeigh’s trial, Jones insisted that there was evidence of a larger conspiracy, perhaps involving domestic far-right militia groups and perhaps Islamist radicals. Jones says he is willing to testify on behalf of Terry Nichols, McVeigh’s accomplice (see December 23, 1997 and June 4, 1998), who is facing 160 counts of murder in an Oklahoma state court (see September 5, 2001). Jones refuses to say whether either McVeigh or Nichols were actually involved in the conspiracy, stating: “At this point, it’s not appropriate for me to name names or to go into detail in the media. There are pending proceedings.” However, he tells a reporter for The Oklahoman, “If McVeigh is saying he acted alone, that is inconsistent with what he told me.” Any such claim of sole responsibility, Jones says, would be inconsistent with his understanding of the case “and certainly contrary to many statements Tim McVeigh made to me while I was his attorney.” Such a claim, he says, “would be nothing more than an effort to obstruct justice in pending judicial proceedings.… If I remain silent, my silence could be taken… as condoning what he has said and I can’t do that.” Jones says his possible testimony would not violate attorney-client privilege, as he no longer represents McVeigh; moreover, Jones says, McVeigh gave up attorney-client privilege when he attacked Jones in a lawsuit last year (see August 14-27, 1997). [Reuters, 3/26/2001]

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

Timeline Tags: US Domestic Terrorism

FBI agent Danny Defenbaugh, the lead investigator in the 1995 Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and After 9:02 a.m., April 19, 1995), tells a CNN reporter that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was planning subsequent attacks to follow the first bombing. He also says that there was no way McVeigh could not have known that his target, the Murrah Federal Building, had children inside. “There were other federal buildings that were mentioned,” Defenbaugh says, referring to potential targets in Dallas and Omaha. The FBI, after finding some of the storage units McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) used to store explosives, conducted an intensive search for other stores of explosives. “We sent out within two weeks of that letters to every storage facility in the United States,” he says, but notes that nothing turned up. “It was, and still is, probably the largest, most labor-intensive investigation ever conducted by the FBI.” As for the children being in the building, Defenbaugh says, “No matter what and how you go by that building, if you look at the building, you’re going to see all the little cut-out hands, all the little apples and flowers showing that there’s a kindergarten there—that there are children in that building.” Defenbaugh says the most frequent question he hears is whether others were involved in the conspiracy, usually referring to the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defenbaugh says that security camera footage from a McDonald’s (see 3:00 - 5:00 p.m. April 17, 1995) indicates that McVeigh carried out the bombing by himself. “There was no one else who came in [to the restaurant] with him, who was involved with him, who sat with him, who talked with him, who left with him, no indication whatsoever that there was anyone else,” he says. Defenbaugh notes that McVeigh is a pariah, even to anti-government militia groups, saying: “He’s not a martyr. He’s a cold-blooded killer.” [CNN, 3/28/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The people who died in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), even the children and babies, were merely “collateral damage,” according to Timothy McVeigh, who is awaiting execution for his role in the bombing (see June 2, 1997 and June 11-13, 1997). McVeigh admitted to his participation in the bombing to two Buffalo News reporters, Lou Michel and Dan Herbeck, who wrote the book American Terrorist: Timothy McVeigh and the Oklahoma City Bombing. The book is due to be published within days. “I understand what they felt in Oklahoma City,” McVeigh told the authors. “I have no sympathy for them.” The authors quote McVeigh as saying: “I recognized beforehand that someone might be bringing their kid to work. However, if I had known there was an entire day care center, it might have given me pause to switch targets. That’s a large amount of collateral damage.” CNN reported that according to Danny Defenbaugh, the FBI’s lead investigator in the case, there was no doubt that McVeigh knew there would be children among his victims (see March 28, 2001). In an ABC News interview, the authors say that McVeigh “never expressed one ounce of remorse” for his victims in their interviews with him, though they witnessed him become emotional over his remembrance of killing a gopher. According to the authors, McVeigh regrets only that the deaths of the children detracted from his message about the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see August 31, 1992 and August 21-31, 1992) debacles. McVeigh told the authors, using a reference to the song “Dirty for Dirty” by Bad Company: “What the US government did at Waco and Ruby Ridge was dirty. I gave dirty back to them at Oklahoma City.” The authors note that McVeigh said the triggering event for him was the government’s ban on some types of assault weapons (see September 13, 1994): when that happened, McVeigh told them, “I snapped.” Dr. John Smith, a psychiatrist who evaluated McVeigh, asked McVeigh why he continued with the bombing even though he knew children were in the building. “[H]e said, ‘One, the date was too important to put off,’” Smith says, noting that the date of the bombing, April 19, was the two-year anniversary of the Branch Davidian debacle, “and he went into a tirade about all the children killed at Waco.” According to Michel and Herbeck, McVeigh told them he alone planned the bombing, and when his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998) began to show reluctance in continuing (see March 1995 and March 31 - April 12, 1995), he forced him to keep working with him by threatening his family (legal sources dispute that claim, noting that Nichols never raised the idea of coercion in his defense). McVeigh denied that anyone else took part in the bombing, quoting a line from the movie A Few Good Men: “You can’t handle the truth.” McVeigh continued, “Because the truth is, I blew up the Murrah Building, and isn’t it kind of scary that one man could wreak this kind of hell?” He also told the authors that he was disappointed the building did not come down entirely, saying: “Damn, I didn’t knock the building down. I didn’t take it down.” McVeigh told the authors he knew he would get caught and even anticipated execution as a form of “state-assisted suicide.” Yet he worried initially about snipers as he was being charged. “He was ready to die but not at that moment—he wanted to make sure that his full message got out first,” Herbeck says. [New York Times, 3/29/2001; Associated Press, 3/29/2001; Oklahoma City Journal Record, 3/29/2001; Washington Post, 3/30/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Dan Herbeck, Lou Michel, Terry Lynn Nichols, John Smith

Timeline Tags: US Domestic Terrorism

The Justice Department reveals that it failed to turn over nearly 4,000 pages of documentary evidence to the defense in the trial of convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). Attorney General John Ashcroft postpones McVeigh’s execution (see January 16, 2001) for 30 days to allow defense attorneys to review the newly released documents. [Douglas O. Linder, 2001; New York Times, 5/11/2001; Washington Post, 5/11/2001; Fox News, 4/13/2005] Apparently many of the documents relate to the FBI’s investigation into the never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), which the agency now terms a “dead-end” investigation. Sources say many of the documents are “302 forms,” the forms that document the raw interviews conducted by agents with witnesses. [Washington Post, 5/11/2001; Mayhem (.net), 4/2009] The documents were found by bureau archivists in Oklahoma City as they canvassed the agency’s 56 field offices in a final search of records related to the bombing in anticipation of McVeigh’s execution (see June 11-13, 1997). Lawyers for both McVeigh and his convicted co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) were legally entitled to review the records as they prepared for the two trials. Justice Department spokesperson Mindy Tucker issues the following statement: “On Tuesday, May 8, the Department of Justice notified Timothy McVeigh’s attorney of a number of FBI documents that should have been provided to them during the discovery phase of the trial. While the department is confident the documents do not in any way create any reasonable doubt about McVeigh’s guilt and do not contradict his repeated confessions of guilt, the department is concerned that McVeigh’s attorneys were not able to review them at the appropriate time.” The FBI blames its obsolete computer system for the error. Prosecutors say the documents were not material to either case. McVeigh’s former lawyer Stephen Jones says, “I said all along they weren’t giving us everything.” [New York Times, 5/11/2001; Indianapolis Star, 2003] Law professor James S. Liebman, who helped conduct an extensive study of death penalty appeals across the country, says the failure to produce the documents is “something I’ve just never heard of.… I can tell you, it’s extremely rare if it’s ever happened before.” [Washington Post, 5/11/2001]

Entity Tags: Federal Bureau of Investigation, James S. Liebman, Mindy Tucker, Stephen Jones, John Ashcroft, Terry Lynn Nichols, Timothy James McVeigh, US Department of Justice

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) demands a new trial, saying that the recent cache of documents “unearthed” by the FBI relating to the bombing investigation (see May 10-11, 2001) supported his defense. Many of the documents concern the FBI’s investigation into a suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), which the agency now terms a “dead-end” investigation. [New York Times, 5/27/2001; Mayhem (.net), 4/2009] Lawyers for both Nichols and convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) will receive the documents. [New York Times, 5/27/2001]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

FBI Director Louis J. Freeh admits that the bureau made a “serious error” in failing to produce nearly 4,000 pages of documents related to the Oklahoma City bombing before the convictions of conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s lawyers are seeking a delay in McVeigh’s execution to give them a chance to review the newly-released documents (see May 10-11, 2001); the execution, scheduled for today, has already been postponed until June 11. Nichols’s lawyers have asked for a new trial based on the documents’ release (see May 15, 2001). In a hearing before a House of Representatives appropriations subcommittee, Freeh gives details of how the breakdown occurred, and says he has ordered immediate corrective steps. “The FBI committed a serious error by not ensuring that every piece of information was properly accounted for and, when appropriate, provided to the prosecutors so that they could fulfill their discovery obligations,” Freeh tells the House committee members. “It was our unquestionable obligation to identify every document regardless of where it was generated and regardless of where in our many, many offices it resided.” However, Freeh says, none of the documents would have had a bearing on the trials of either McVeigh or Nichols: “Several lawyers and agents from the Justice Department and the FBI conducted a page-by-page review of the material. Nothing in the documents raises any doubt about the guilt of McVeigh and Nichols.” Representative David R. Obey (D-WI) says, “I find it incredibly frustrating that year after year the agency which is supposed to be the quintessential example of excellence in law enforcement winds up being an example of Mr. Foul-up.” [New York Times, 5/17/2001] Lawyers for both Nichols and McVeigh will receive the documents. [New York Times, 5/27/2001]

Entity Tags: Louis J. Freeh, David Obey, Federal Bureau of Investigation, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

One of the documents turned over to the lawyers for convicted Oklahoma City bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) is a report about a purported eyewitness to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) whose statements were attacked during McVeigh’s trial. Eyewitness Morris John Kuper Jr. called the FBI two days after the bombing to say that an hour before the bombing, he saw a man resembling McVeigh walking in the company of another man near the Murrah Federal Building. He told agents that he saw both men get into an old, light-colored car similar to the Mercury Marquis McVeigh was arrested in later that morning (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). In court, Kuper described the other man as being similar to a sketch of the suspected, never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Kuper also testified that he told agents they should check security cameras at two nearby buildings to see if they caught anything, but, Kuper told the court, “they took my name and phone number and never contacted me again.” FBI documents show that he contacted the FBI via email in October 1995, not on April 21 as he claimed; US Attorney Patrick Ryan challenged Kuper’s credibility in court over the discrepancy in dates. The newly discovered document details Kuper’s conversation with agents on April 21. Ryan says now that he never knew the document existed: “I certainly would never intentionally tell the jury someone had not come forward for six months if I knew they had come forward a couple of days after the bombing.” Ryan says that he still believes Kuper and other defense witnesses who claimed to have seen others accompanying McVeigh before the bombing were “fairly unreliable. The problem with any of these witnesses, even if some were right, you didn’t know which were the right ones and which were the wrong ones.” At the time, fellow prosecutor Beth Wilkinson compared the “John Doe No. 2” accounts to “Elvis sightings.” McVeigh has also said that “John Doe No. 2” does not exist. [New York Times, 5/27/2001]

Entity Tags: Morris John Kuper, Jr, Beth Wilkinson, Patrick M. Ryan, Federal Bureau of Investigation, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who cooperated with the prosecution of McVeigh and fellow conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) in order to escape prosecution for his own participation in the bomb plot, says through his attorneys that federal prosecutors lied in order to get a harsher sentence for him. Fortier was given 12 years in prison for his actions (see May 27, 1998). During his sentencing hearing, prosecutors argued that Fortier’s sentence should exceed standard guidelines because of the magnitude of the crime. They argued that Fortier knew profits from the sale of stolen guns would be used to help finance the bombing because he was present when his wife, Lori, and McVeigh discussed it (see April 3-4, 1995). Recently, prosecutor Sean Connelly conceded there was no evidence Fortier was present during the conversation between his wife and McVeigh or was told by either one of them what had been said. [Mayhem (.net), 4/2009]

Entity Tags: Timothy James McVeigh, Lori Fortier, Michael Joseph Fortier, Terry Lynn Nichols, Sean Connelly

Timeline Tags: US Domestic Terrorism

Lawyers for FBI laboratory employees send an urgent letter to Attorney General John Ashcroft alleging that a key prosecution witness in the trial of accused Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) may have lied during McVeigh’s trial. The accusations center around Steven Burmeister, now the FBI laboratory’s chief of scientific analysis, who testified that the FBI crime lab found residues of explosives on the clothing that McVeigh was wearing when he was arrested after the bomb exploded (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). The letter reads in part, “Material evidence presented by the government in the OKBOMB prosecution through the testimony of Mr. Burmeister appears to be false, misleading, and potentially fabricated,” referring to testimony Burmeister had given in an unrelated civil case, which contradicted his testimony in the McVeigh case; Burmeister had talked about the restrictions on his work area and the requirement that laboratory employees wear protective clothing. The letter is sent to Ashcroft by fax and by courier with the notation “urgent matter for the immediate attention of the attorney general.” The letter will sit in Ashcroft’s clerical office for nearly two months before being turned over to the FBI. Justice Department spokesperson Barbara Comstock will say that neither Ashcroft nor other top department officials ever saw the letter, and it was never reviewed to determine if it should be given to McVeigh’s lawyers. Prosecutors used Burmeister’s testimony to determine the exact composition of the bomb McVeigh used to bring down the Murrah Federal Building and kill 168 people. The judge in the trial, Richard P. Matsch, refused to allow McVeigh’s lawyers to hear criticisms of the crime lab’s evidence handling (see January 27, 1997 and May 20, 1997). The accusations against Burmeister were never given to McVeigh’s lawyers, even as a judge was weighing the option to delay McVeigh’s execution because the government failed to turn over other evidence (see May 10-11, 2001, May 16, 2001, and June 1-7, 2001). The letter is later turned over to the lawyers of convicted bombing conspirator Terry Nichols (see December 23, 1997, June 4, 1998, and May 15, 2001), who will face 160 counts of murder in an upcoming trial by the State of Oklahoma (see September 5, 2001). [New York Times, 5/1/2003]

Entity Tags: John Ashcroft, Barbara Comstock, Federal Bureau of Investigation, Steven G. Burmeister, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair.Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair. [Source: Vanity Fair]Vanity Fair publishes a profile of convicted Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) by author and pundit Gore Vidal, who attended McVeigh’s execution (see May 6, 2001) and who exchanged letters with McVeigh for three years while he awaited execution. McVeigh invited Vidal to attend his execution as a result of their letter exchange.
Simplistic Portrayal of McVeigh as Lone 'Mad Bomber' - Vidal is convinced that the government orchestrated McVeigh’s conviction (see June 2, 1997) and the media’s portrayal of McVeigh as a lone mad bomber who “wanted to destroy innocent lives for no reason other than a spontaneous joy in evildoing.” Vidal also asserts that, in the government’s story, McVeigh “had no serious accomplices” (see December 23, 1997 and June 4, 1998). Orchestrating the media response was not particularly difficult, he writes, as few in the mainstream press were particularly interested in why McVeigh carried out the bombing aside from the simple explanation that he was “evil incarnate.” Any explanation of more complexity, Vidal writes, was dismissed as wild conspiracy theories. It was predictable, Vidal writes, that evidence pertinent to McVeigh’s case was not provided until well after his conviction and sentencing (see May 10-11, 2001), and that it would be largely ignored (see June 1-7, 2001). Vidal recounts numerous instances where, when he began to attempt an explanation of McVeigh’s obsession with the 1993 Branch Davidian conflagration (see April 19, 1993) and his belief that he was at war with the US government on a variety of news broadcasts, he was cut short by the hosts.
'Counter-Attack' against US Government - According to Vidal, McVeigh was clear in his letters that the bombing was more than just, McVeigh wrote, “a simple act of ‘revenge’ for Waco,” but “a strike against the US government,” or more precisely, “a ‘counter-attack’ rather than a self-declared war.” In one letter, he quoted pundit H.L. Mencken as writing, “Every normal man must be temped at times to spit on his hands, hoist the black flag, and begin slitting throats.” Vidal recalls that he warned McVeigh that “Mencken often resorted to Swiftian hyperbole and was not to be taken too literally.” He then speculates on the “interesting possibility,” perhaps “the grandest conspiracy of all… that he neither made nor set off the bomb outside the Murrah Building: it was only later, when facing either death or life imprisonment, that he saw to it that would be given sole credit for hoisting the black flag and slitting throats, to the rising fury of various ‘militias’ across the land who are currently outraged that he is getting sole credit for a revolutionary act organized, some say, by many others. At the end, if this scenario is correct, he and the detested Feds were of a single mind.” Regardless of who carried out the bombing, Vidal writes, it is clear that “McVeigh himself was eager to commit what he called ‘federally assisted suicide.’” Vidal quotes an interview with Dr. John Smith, a psychiatrist who interviewed McVeigh in prison and was then released from his oath of confidentiality by McVeigh to discuss his findings with reporters, who concluded that McVeigh was quite sane, and carried out the bombing both in revenge for the Waco assault and because “he also wanted to make a political statement about the role of the federal government and protest the use of force against the citizens.” Smith found that McVeigh was disappointed that the media had refused to discuss what he considered “the misuse of power by the federal government” that impelled him to carry out the bombing.
Limited Contact with Militias - According to Smith, McVeigh told him, “I did not expect a revolution.” He had had numerous discussions with some of the militia groups around Kingman, Arizona, Smith said, about how easy it would be to “cut Interstate 40 in two” and thereby disrupt the transportation between the eastern and western portions of the country, but those discussions, McVeigh told Smith, were “rather grandiose” and never acted upon. Vidal acknowledges that for three years before the bombing, McVeigh lived in the semi-underground world of the American militia movement. During that time, he came to believe, as many militia members did at the time, that the federal government planned on following up its assault weapons ban (see September 13, 1994) with a massive, nationwide raid on gun owners and militia members in the spring of 1995. Vidal writes, “This was all the trigger that McVeigh needed for what he would do—shuffled the deck, as it were.” Vidal claims that McVeigh, unlike many militia members, had “no hang-ups about blacks, Jews, and all the other enemies of the various ‘Aryan’ white nations to be found in the Patriots’ ranks.” He was fascinated with the violently racist novel The Turner Diaries (see 1978) and 1987-1988), he acknowledges, but only for its themes of individual Americans using guns and explosives to overthrow “the System.” Smith bolstered Vidal’s contention by reporting that McVeigh had insisted to him that he was not a racist nor a homophobe—“he made that very clear.”
Rationale for Bombing, and for Killing Civilians, Children - Vidal quotes a 1998 essay McVeigh wrote for the right-wing publication Media Bypass, “Essay on Hypocrisy,” that addressed his choice to blow up the Murrah Building, which contained a daycare center. The US, he wrote, set the precedent for bombing and killing civilians. When US military forces attack Iraqi government buildings with daycare centers or schools in them, McVeigh wrote, the media reported the children were being used as “shields” by the Iraqis. Vidal claims that no evidence exists that proves McVeigh knew about the presence of children in the Murrah Building, and repeats McVeigh’s claims that he had no such foreknowledge. However, Vidal notes, the FBI knew about the children in the Branch Davidian compound, “and managed to kill 27 of them.” In a final set of longhand notes McVeigh sent to Vidal in the weeks before his execution, McVeigh wrote: “I explain herein why I bombed the Murrah Federal Building in Oklahoma City. I explain this not for publicity, nor seeking to win an argument of right or wrong, I explain so that the record is clear as to my thinking and motivations in bombing a government installation. I chose to bomb a Federal Building because such an action served more purposes than other options. Foremost, the bombing was a retaliatory strike: a counter-attack, for the cumulative raids (and subsequent violence and damage) that federal agents had participated in over the preceding years (including, but not limited to, Waco). From the formation of such units as the FBI’s ‘Hostage Rescue’ and other assault teams amongst federal agencies during the 80s, culminating in the Waco incident, federal actions grew increasingly militaristic and violent, to the point where at Waco, our government—like the Chinese—was deploying tanks against its own citizens.” The federal government has militarized the police, he wrote, and his bombing was designed as a “pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from US foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment. (The bombing of the Murrah Building was not personal no more than when Air Force, Army, Navy, or Marine personnel bomb or launch cruise missiles against (foreign) government installations and their personnel.)”
'Exaggerated Sense of Justice' - Vidal has previously written that McVeigh suffered from what he called “an exaggerated sense of justice,” outraging many who read his words. He defends that characterization, and writes, “I knew that few Americans seriously believe that anyone is capable of doing anything except out of personal self-interest, while anyone who deliberately risks—and gives—his life to alert his fellow citizens to an onerous government is truly crazy.” McVeigh’s act may not have sparked a rebellion, Vidal writes, but it did presage an explosion of sorts in the number of citizens identifying themselves with the militia movement, many of whom joined local militia groups because they believed the government had orchestrated the bombing and then unjustly blamed McVeigh for it. Others believe that government agents planted bombs inside the Murrah Building set to go off when McVeigh’s truck bomb detonated. Many believe that McVeigh was used by the government to perpetuate “state police power,” similar to instances during the Vietnam War when “bogus Viet Cong units that were sent out to rape and murder Vietnamese to discredit the National Liberation Front,” or when US forces pretended to “find” Communist arms dumps in El Salvador. Vidal repeats the tale that all 17 members of the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) working in their Murrah Building office suspiciously failed to report to work on the day of the bombing, suggesting that they knew of the bombing in advance (see December 30, 1998).
Militia Involvement? - Vidal then engages in a long and detailed attack on the evidence that shows McVeigh and his co-conspirator Terry Nichols built the bomb themselves. He believes that McVeigh and Nichols were involved in a complex and shadowy “plot involving militia types and government infiltrators—who knows?—as prime movers to create panic in order to get” President Clinton to enact the Anti-Terrorism Act, and cites research by journalist and author Joel Dyer, who in his own writings detailed his belief that the government downplayed McVeigh’s militia affiliations to make a case that he was a quintessential and possibly deranged “lone bomber.” Dyer and Vidal both cite the poor defense put on by McVeigh’s trial lawyer, Stephen Jones, who, Dyer contended, “often left the jury more confused and bored than convinced of his client’s innocence. Even when he succeeded in his attempts to demonstrate that a large conspiracy was behind the bombing, he did little to show that McVeigh was not at the center of the conspiracy. Jones’s case led some reporters to speculate that McVeigh himself was limiting his own defense in order to prevent evidence that might implicate others in the bombing from entering the record.” McVeigh did indeed confess to the bombing to his defense lawyers and, later, to Vidal, but, Vidal writes, “I believe that by confessing McVeigh was, once again, playing the soldier, attempting to protect his co-conspirators.” Vidal writes that his own research has unearthed a number of militia members who may have played a part in the April 19 bombing, and a systematic effort by the FBI and the McVeigh prosecution team to quash any evidence of that sort during McVeigh’s trial. He also challenges the government’s assertion that the reports of a third co-conspirator, “John Doe No. 2,” was a US Army private with no connection to McVeigh or the bombing (see January 29, 1997). Instead, he writes, that person was likely a well-known militia member in Shawnee County, Kansas, and possibly a member of the separatist Republic of Texas organization. He cites a book on the bombing by former journalist David Hoffman, who was convicted of trying to tamper with the McVeigh jury (see December 30, 1998), as being “the most thorough of a dozen or two accounts of what did and did not happen on that day in April.” Like Vidal, Hoffman does not believe that McVeigh’s truck bomb could have caused the damage inflicted on the Murrah Building, and cites a number of military and government experts who make the same contentions, even citing one report that claims the “five separate bombs” used in the explosion “have a Middle Eastern ‘signature,’ pointing to either Iraqi or Syrian involvement” (see 10:00 a.m. April 19, 1995 and After). Vidal notes that the search for bodies in the destroyed building was halted after 16 days (see May 4, 1995), against the wishes of those who wanted to continue attempting to search for more evidence in the bomb site. Six days later the building was demolished (see 7:01 a.m. May 23, 1995), leading one critic, retired Air Force Brigadier General Benton K. Partin, to declare that the building was demolished as “a classic cover-up” executed by Communist agents. Vidal writes of Partin’s belief that Communists orchestrated the cover-up, “Well, nobody’s perfect.” (Vidal errs in his “six day” claim; the building was demolished 19 days later.) Vidal writes: “In the end, McVeigh, already condemned to death, decided to take full credit for the bombing. Was he being a good professional soldier, covering up for others? Or did he, perhaps, now see himself in a historic role with his own private Harper’s Ferry, and though his ashes molder in the grave, his spirit is marching on? We may know—one day.” [Vanity Fair, 9/2001]

Entity Tags: Joel Dyer, David Hoffman, Benton K. Partin, Federal Bureau of Investigation, H.L. Mencken, Timothy James McVeigh, Gore Vidal, Stephen Jones, Terry Lynn Nichols, Vanity Fair, John Smith, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

The FBI gathered a significant amount of evidence that showed links between convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001) and white supremacists who had threatened to attack government buildings, according to investigative memos procured by the Associated Press. This evidence includes hotel receipts, a speeding ticket, prisoner interviews, informant reports, and phone records suggesting that McVeigh had contact with white supremacists connected to the Elohim City community (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). “It is suspected that members of Elohim City are involved either directly or indirectly through conspiracy,” FBI agents wrote in a memo shortly after the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). An FBI teletype shows that some of the supremacists who were present when McVeigh called Elohim City (see April 5, 1995) were familiar with explosives, and had made a videotape in February 1995 vowing to wage war against the federal government and promising a “courthouse massacre.” The AP notes that the Murrah Building, devastated by the blast, was directly across the street from the federal courthouse. The teletype also notes that two members of a violent Aryan Nation bank robbery gang who live in the Elohim City compound left the compound on April 16 for a location in Kansas a few hours away from where McVeigh completed the final assembly of the bomb (see 8:15 a.m. and After, April 18, 1995). Some of the evidence was not turned over to McVeigh’s lawyers for his trial. “They short-circuited the search for the truth,” says McVeigh’s original lead attorney, Stephen Jones. “I don’t doubt Tim’s role in the conspiracy. But I think he clearly aggrandized his role, enlarged it, to cover for others who were involved.” The FBI agent in charge of the investigation, Dan Defenbaugh, says he never saw the FBI teletype that linked McVeigh to the Elohim City community. He says he would not have considered the teletype a “smoking gun” that would have altered the outcome of the investigation, but his team “shouldn’t have been cut out. We should have been kept in on all the items of the robbery investigation until it was resolved as connected or not connected to Oklahoma City.” Defenbaugh adds that he knew nothing of a 1996 plea offer by prosecutors to one of the robbers, Peter Kevin Langan (identified by the AP as Kevin Peter Langan), who said he had information about the bombing. Langan made several demands the government was unwilling to meet, and the plea offer was rescinded. Langan’s lawyer later said Langan could disprove the April 19, 1995 alibis for two of the bank robbers, casting doubt on their denials of non-involvement with the bomb conspiracy. The FBI acknowledges its failure to turn over some documents, but says it found no evidence that McVeigh was involved with anyone in the conspiracy aside from his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). FBI spokesman Mike Kortan says: “We believe we conducted an exhaustive investigation that pursued every possible lead and ran it to ground. We are confident that those who committed the crime have been brought to justice and that there are no other accomplices out there.” Part of the problem, Defenbaugh says, was that white supremacist militia groups shared many of McVeigh’s far-right beliefs, and some had their own plans for carrying out bombings that had nothing to do with McVeigh’s tightly controlled conspiracy. “Even though we had our conspiracy theories, we still had to deal with facts and the fact is we couldn’t find anyone else who was involved,” Defenbaugh says. Jones says of the Elohim City connection: “I think Tim was there. I think he knew those people and I think some helped, if not in a specific way, in a general way.” Retired FBI agent Danny Coulson says: “I think you have too many coincidences here that raise questions about whether other people are involved. The close associations with Elohim City and the earlier plan to do the same Murrah building all suggest the complicity of other people.” [Associated Press, 2/13/2003]

Entity Tags: Federal Bureau of Investigation, Associated Press, Danny Coulson, Elohim City, Mike Kortan, Terry Lynn Nichols, Danny Defenbaugh, Timothy James McVeigh, Peter Kevin Langan, Stephen Jones

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

Lawyers make their opening statements in the trial of Oklahoma City bombing conspirator Terry Nichols (see March 1, 2004), charged with 161 counts of first-degree murder in the bombing. Nichols is already serving a life sentence from a conviction in federal court (see December 23, 1997). Assistant District Attorney Lou Keel calls Nichols and executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) “partners in terror,” and tells of a plethora of evidence joining the two in the conspiracy to destroy the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Lead defense lawyer Brian T. Hermanson says that Nichols was the victim of “manipulation” and “betrayal” by his friend McVeigh. The prosecution seems to be following a similar path as that taken in Nichols’s federal trial, but Nichols’s defense is trying to raise new doubts about others possibly involved in the conspiracy (see March 16, 2004), including questioning the existence and identity of the infamous “John Doe No. 2,” a purported fellow conspirator who was never caught and whom the FBI has said never existed (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995).
Judge Lashes Prosecution for 'Inexcusable Conduct' - Judge Steven Taylor excoriates the prosecution for its “inexcusable conduct” in withholding an impropriety in jury selection, saying that the impropriety might cause a mistrial later in the case. Taylor says the Oklahoma County District Attorney’s office failed to inform the court until the jury was already chosen that among the 12 jurors and six alternates were three relatives of a prosecutor with local roots who had worked on jury selection. “The court cannot imagine why the prosecutors affirmatively chose not to reveal this information during the jury selection,” Taylor says, blaming prosecutor George Burnett for the lapse. Burnett, Taylor says, knew in early March that he was related to three or four people in the 357-member jury pool, but continued to participate in the process of jury selection that included three of his relatives. At that point, Burnett told his fellow prosecutors, but no one told Taylor until March 12, the day after the jury was selected and the process closed. The jurors bear no blame in the matter, Taylor says. He dismissed the three jurors in question, leaving only three alternates. If the jurors should fall below the requisite dozen, he warns, “the trial will not end in a mistrial, it will end in a dismissal with prejudice,” meaning Nichols cannot be retried on the charges. Prosecutors do not respond in court to Taylor’s admonishment, and say nothing to reporters, as Taylor has barred both sides from speaking to reporters about the case. [New York Times, 3/23/2004]

Entity Tags: Lou Keel, Brian Hermanson, George Burnett, Terry Lynn Nichols, Timothy James McVeigh, Steven W. Taylor

Timeline Tags: US Domestic Terrorism

The press reports that Terry Nichols, convicted on federal and state charges surrounding the 1995 Oklahoma City bombing (see December 23, 1997 and May 26, 2004), admitted to his involvement in the conspiracy to blow up the Murrah Federal Building during secret plea negotiations in 2003. Presumably these were the negotiations where prosecutors ultimately rejected an offer by Nichols’s lawyers for Nichols to plead “no content” to the 161 charges of first-degree murder in return for being spared the death penalty (see February 17, 2004). Nichols signed a statement acknowledging helping bomber Timothy McVeigh (see December 23, 1997 and June 4, 1998) construct the bomb, though he denied having any prior knowledge of the target (see April 11, 1995) or knowing any other co-conspirators (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After). Prosecutors now say they never believed Nichols was being entirely truthful in his plea offer. [New York Times, 11/30/2004; The Oklahoman, 4/2009]

Entity Tags: Murrah Federal Building, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

PBS Frontline releases a chronology of events in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The original source of the chronology is a document given to freelance reporter Ben Fenwick by a disgruntled staff member on the defense team of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who was unhappy with the way lead attorney Stephen Jones was handling the case (see August 14-27, 1997). In late March or early April of 1997, shortly before McVeigh’s trial began (see April 24, 1997), Fenwick brings the document to ABC News. The document is titled “Factual Chronology,” and details McVeigh’s movements and activities in the years, days, and months leading up to the bombing. Fenwick reportedly had the document in his possession for several months before approaching ABC with it. PBS Frontline producer Martin Smith, at the time an ABC News employee, saw the document. ABC produces two reports on McVeigh; those reports, along with an article Fenwick wrote for Playboy magazine, were the first to use the chronology as source material. Smith and co-producer Mark Atkinson will later produce a dual biography of McVeigh and co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) using the chronology. Of the document, Smith writes, “This 66-page chronology is extraordinary in that it correlates in great detail with everything I had learned about McVeigh and Nichols and provided a great deal of new detail on McVeigh’s movements and actions in the crucial days and hours leading up to the bombing.” Much of the material in the chronology came directly from McVeigh. Smith writes that the material comprises “a startling confession, outlining in considerable detail how McVeigh prepared and carried out the attack.” He notes that the chronology is “consistent with statements made by McVeigh during dozens of hours of interviews done with him by reporters Lou Michel and Dan Herbeck for their recent book, American Terrorist: Timothy McVeigh and the Oklahoma City Bombing.” The document is labeled as being from Jones’s law firm Jones, Wyatt, & Roberts, and is stamped, “CONFIDENTIAL AND PRIVILEGED MEMORANDUM; ATTORNEY WORK PRODUCT and ATTORNEY/CLIENT COMMUNICATION.” It is labeled as being routed to Jones from Amber McLaughlin and Bob Wyatt, and dated January 22, 1996. [PBS Frontline, 3/2005]

Entity Tags: Lou Michel, Amber McLaughlin, ABC News, Ben Fenwick, Dan Herbeck, Martin Smith, Terry Lynn Nichols, Mark Atkinson, Bob Wyatt, PBS Frontline, Stephen Jones, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The FBI searches the home that once belonged to convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and May 26, 2004) and finds explosive materials related to the 1995 bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The bureau acts on a tip that it missed evidence in its search a decade earlier (see 3:15 p.m. and After, April 21-22, 1995). Blasting caps and other explosive materials were concealed in a crawl space of the Herington, Kansas, home, buried under about a foot of rock, dirt, and gravel, an area not searched in the 1995 investigation. FBI agent Gary Johnson says, “[T]he information so far indicates the items have been there since prior to the Oklahoma City bombing.” Nichols’s lawyer, Brian Hermanson, says the discovery is either a hoax or evidence of a major failure by the FBI: “They were there often. It’s surprising. I would think they would have done their job and found everything that was there. But I’m still suspicious that it could be something planted there. The house was empty for several years.” [Associated Press, 4/2/2005] Reportedly, Nichols has admitted conspiring to build the bomb that destroyed the Murrah Federal Building in Oklahoma City (see November 30, 2004).

Entity Tags: Federal Bureau of Investigation, Brian Hermanson, Terry Lynn Nichols, Gary Johnson

Timeline Tags: US Domestic Terrorism

The documentary uses an actor and computer effects to simulate McVeigh’s actions during the interviews, which were recorded on audio tape, and of his carrying out the bombing.The documentary uses an actor and computer effects to simulate McVeigh’s actions during the interviews, which were recorded on audio tape, and of his carrying out the bombing. [Source: MSNBC]MSNBC airs a documentary about convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), who before his execution (see 7:14 a.m. June 11, 2001) confessed to bombing the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995) to Buffalo News reporters Lou Michel and Dan Herbeck. Michel and Herbeck went on to write a 2001 biography of McVeigh, American Terrorist: Timothy McVeigh and the Oklahoma City Bombing, based on their interviews with McVeigh. The MSNBC documentary, The McVeigh Tapes: Confessions of an American Terrorist, features excerpts drawn from the 45 hours of audio recordings made by Michel. The documentary will be broadcast on April 19, the 15th anniversary of the bombing, and features film of the bombing and its aftermath; computer-generated recreations to augment the actual audio recordings (with an actor playing McVeigh); and interviews with survivors of the bombing and family members of the slain. McVeigh told of his childhood in upstate New York (see 1987-1988), his experiences in the 1991 Gulf War (see January - March 1991 and After), his relationship with convicted co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 23, 1997, and June 4, 1998), and of the meticulous planning and execution of the bombing. [MSNBC, 4/15/1995; MSNBC, 4/15/1995] One of the few moments when McVeigh’s voice became animated was when he described the moments before the bomb went off, saying, “I lit the two-minute fuse at the stoplight, and I swear to God that was the longest stoplight I’ve ever sat at in my life.” [New York Times, 4/18/1995] The documentary is narrated by MSNBC talk show host Rachel Maddow. Herbeck says he understands that the documentary will evoke strong feelings. “Some people will say they don’t want to hear anything about Timothy McVeigh and we respect their feelings on that,” he says. “But others are interested in hearing what made a terrorist tick.” Michel says, “[It’s an] oral blueprint of what turned one young man into one of the worst mass-murderers and terrorists in American history.” Herbeck says their book drew similar mixed reactions: “A few of the victims were outraged by our book, and they went public with their feelings. They felt it was wrong to tell the story of a terrorist.” Maddow says she is not worried that the documentary will somehow glamorize McVeigh or make him into a martyr figure: “McVeigh is profoundly unsympathetic—even repugnant—on his own terms, you don’t need to work to make him seem that way. There’s a huge distance between the hero he is in his own mind, and how basely unheroic he seems to anyone hearing the tapes now. I personally am not a supporter of the death penalty… but hearing him talk, it’s hard not to wish him gone.” In the documentary, Jannie Coverdale, who lost her two young grandchildren in the blast, says: “I was glad when he died. I will never forgive Timothy McVeigh.” Oklahoma City Police Department official Jennifer Rodgers, one of the first responders to the bombing (see 9:02 a.m. - 10:35 a.m. April 19, 1995), says her feelings are “still raw.… It just doesn’t seem like it was really that long ago.” Maddow says the story is important even 15 years later: “The Murrah Building bombing is the worst incident of domestic terrorism we’ve ever experienced as a nation. We owe pure remembrance of the date, and commemoration of the lives lost and changed. I think it’s also an appropriate occasion to talk about the threat of domestic terrorism. How strong is the threat now, 15 years after McVeigh? Are we heeding warning signs that may be out there now?” Former President Clinton, who oversaw the federal efforts to respond to the bombing, has recently warned that ugly and frightening parallels exist between the current political tensions and the anti-government rage that preceded McVeigh’s attack, saying: “We can disagree with them [elected officials], we can harshly criticize them. But when we turn them into an object of demonization, we increase the number of threats.” Michel says: “There’s no question that the militia movement is on the rise again. Some of the same factors that caused McVeigh to believe he had become disenfranchised from mainstream society are again in the mix: growing government regulations, lack of employment. Those are things McVeigh would cite if he were alive.” [MSNBC, 4/15/1995; MSNBC, 4/15/1995] In the documentary, Maddow says of the date of the airing: “On this date, which holds great meaning for the anti-government movement, the McVeigh tapes are a can’t-turn-away, riveting reminder.” Washington Post reviewer Hank Steuver calls the documentary “chilling” and McVeigh’s demeanor “arrogan[t]” and unrepentant. “Maddow and company wisely decline to draw too straight a line from 1995 to 2010, but, as she indicates, it might be helpful in crazy times to study this sort of crazy head-on,” he writes. “Watching this, it’s easy to feel like that fuse is still lit.” [Washington Post, 4/18/2010] New York Times reviewer Alessandra Stanley says the use of an actor and computer effects “blunts its impact by relying on stagy computer graphics.… Scenes of this domestic terrorist in shackles during a prison interview or lighting a fuse inside a rented Ryder truck look neither real nor completely fake, but certainly cheesy: a violent video game with McVeigh as a methodical, murderous avatar.” [New York Times, 4/18/1995] The documentary is later made available on YouTube. [911Blogger (.com), 4/20/2010]

Entity Tags: Jannie Coverdale, Dan Herbeck, Hank Steuver, Jennifer Rodgers, Lou Michel, Alessandra Stanley, Terry Lynn Nichols, Rachel Maddow, MSNBC, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

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