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Profile: Geary State Fishing Lake And Wildlife Area
Geary State Fishing Lake And Wildlife Area was a participant or observer in the following events:
Timothy McVeigh (see November 1991 - Summer 1992, February - July 1994, September 12, 1994 and After, and September 13, 1994 and After) begins developing plans plans to blow up the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), echoing a plan developed by white supremacists in Elohim City, Oklahoma years before (see 1983). Federal authorities will later say that the “official” date of the conspiracy coincides with a federal ban on some assault weapons that goes into effect on September 13 (see September 13, 1994 and September 13, 1994), but McVeigh has been considering such a plan for some time. McVeigh uses the alias “Shawn Rivers” to rent a storage unit, Unit No. 2, in Herington, Kansas, at Clark Lumber, for four months at a cost of $80. The address McVeigh gives on the rental registration is Rt. 3, Box 83, Marion KS. McVeigh’s co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, (September 30, 1994) and September 13, 1994) works in Marion, Kansas (see (September 30, 1994)). The clerk who rents McVeigh the storage unit is Helen Mitchell; the owner is Ray Mueller. McVeigh pays four months’ advance rent. During the latter part of September and the first two weeks of October, McVeigh and Nichols either stay at the Sunset Motel in Junction City, Kansas, or sleep in Nichols’s truck at Geary County State Park near Junction City. [New York Times, 5/9/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Washington Post, 12/24/1997; Serrano, 1998, pp. 92; Douglas O. Linder, 2001] Nichols will soon buy a house in Herington (see (February 20, 1995)).
Future Oklahoma City bomber Timothy McVeigh (see October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) drives from Kingman, Arizona, to Geary State Park Lake in Kansas to meet his co-conspirator Terry Nichols (see September 13, 1994). He meets Nichols at the lake on the morning of October 30. They drive to Fort Riley, Kansas, and go through what McVeigh will later characterize as the last drill, presumably for the upcoming bombing. [PBS Frontline, 1/22/1996]
Oklahoma City bombing conspirators Timothy McVeigh and Terry Nichols (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) rent a room at the Sunset Motel in Junction City, Kansas. They spend much of their time in secluded locations at Geary State Park Lake and talk over the bomb plot. McVeigh uses his real name to register; Nichols decides to stay on at the motel for a few days after McVeigh’s planned departure, so he registers using the name John Kyle, an alias similar to one he has used before (see November 7, 1994). [PBS Frontline, 1/22/1996; Douglas O. Linder, 2001]
Law professor Douglas O. Linder will later use a book by two death-row inmates, Secrets Worth Dying For by David Hammer and Jeffrey Paul, to claim that a number of white supremacists from the Aryan Republican Army (ARA—see 1992 - 1995, October 12, 1993 - January 1994, and November 1994) and Elohim City (see November 1994 and April 5, 1995) may help Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) construct his bomb at this time. Hammer and Paul will write their book after spending time in the Florence, Colorado, “Supermax” prison with McVeigh (see June 2, 1997). Linder himself will say that the claims lend themselves to dispute, as the trial record does no more than “hint at th[e] possibility” of someone besides McVeigh and his co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, October 12, 1993 - January 1994, and February - July 1994) being involved in the bomb construction, and “[a]ny book written by convicted death row inmates raises credibility concerns.” However, Linder says other evidence gives the Hammer and Paul claims at least some credibility.
McVeigh Receives Help in Building Bomb? - According to the authors and Linder, ARA members, possibly including a bomb expert McVeigh will later call “Poindexter” (see March 1995), join McVeigh in early April to work on the bomb. The men probably camp at Geary Lake, where on April 14 McVeigh meets with Nichols to receive some cash (see April 13, 1995). This same evening, a Junction City pizza delivery man brings a pizza to Room 25 of the Dreamland Motel, where he gives it to a man identifying himself as “Bob Kling,” an alias used by McVeigh (see Mid-March, 1995) to rent the Ryder truck used to deliver the bomb (see April 15, 1995). The delivery man later tells an FBI interviewer that “Kling” is not McVeigh. Linder, via Hammer and Paul, will say that the man who takes the pizza “was, most likely, ARA member Scott Stedeford.” Linder, drawing on Hammer and Paul’s material as well as his own research, believes that McVeigh, Nichols, and, “probably,” the never-identified “John Doe No.2” (see April 15, 1995 and and April 20, 1995) drive to Oklahoma City (see April 16-17, 1995), with McVeigh and “Doe” in McVeigh’s Mercury Marquis (see April 13, 1995) and Nichols in his pickup truck. McVeigh parks the Marquis in a parking lot near the Murrah Building, and all three ride back to the Dreamland Motel in Nichols’s truck. McVeigh leaves Elliott’s Body Shop in Junction City with a Ryder truck on April 17 (see 3:00 - 5:00 p.m. April 17, 1995), after renting it under the name “Robert Kling” and telling the employees he plans on using it for a four-day trip to Omaha.
Conflicting Stories - At this point, Linder will write, the accounts of what happens become quite divergent. McVeigh leaves for his storage locker in Herington, Kansas, either alone or in the company of Elohim City resident Michael Brescia (see April 8, 1995). At the Herington storage facility, McVeigh, perhaps in the company of Brescia, meets either Nichols or “Poindexter.” (In their book, Hammer and Paul will quote McVeigh as saying Nichols is “a no-show” at the locker, and complaining, “He and Mike [Fortier] were men who liked to talk tough, but in the end their b_tches and kids ruled.”) McVeigh and his partners load bags of fuses and drums of nitromethane into the Ryder truck. In his authorized biography American Terrorist by Lou Michel and Dan Herbeck, McVeigh will claim that he and Nichols also load bags of fertilizer into the truck, and he and Nichols finish constructing the bomb at Geary Park on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). McVeigh, according to Michel and Herbeck, drives by himself towards Oklahoma City in the Ryder truck, parking for the night near Ponca City and sleeping in the cab. Hammer and Paul will tell a different story. They will claim that the fertilizer is loaded into a “decoy” truck and then two trucks, not one, drive to Oklahoma City. In their version of events, the bomb is finished on the night of April 18 in a warehouse in Oklahoma City by McVeigh, Poindexter, and ARA member Richard Guthrie. After the bomb is completed, according to Hammer and Paul, Guthrie or another ARA member kills Poindexter by cutting his throat; the explanation to McVeigh is, “Soldier, he was only hired help, not one of us.” (Linder will admit that Hammer and Paul’s version of events is “sensational” and may not be entirely reliable.) FBI interviews will later include a couple who own a diner in Herington recalling McVeigh, Nichols, and a third, unidentified man having breakfast in their restaurant on the morning of April 18 (see 8:00 a.m. April 18, 1995). Witnesses will recall seeing a Ryder truck and a pickup truck at Geary Lake later this morning. This afternoon, a hair salon owner sees McVeigh and an unidentified companion enter their business and attempt to get haircuts (see April 18, 1995). Owners of a steakhouse in Perry, Oklahoma, will tell FBI investigators that they see McVeigh and “a stocky companion” eat dinner in their restaurant around 7 p.m. this evening. Linder will conclude, “We might never know exactly who assisted McVeigh in the 24 hours leading up to the dreadful events of April 19, but the McVeigh-and-McVeigh-alone theory, and the McVeigh-and-just-Nichols theory, both seem to stretch credulity.” [Douglas O. Linder, 2006]
Entity Tags: Elliott’s Body Shop (Junction City, Kansas), Douglas O. Linder, Dan Herbeck, Aryan Republican Army, “Poindexter”, Terry Lynn Nichols, Scott Stedeford, Timothy James McVeigh, Michael Joseph Fortier, David Hammer, Federal Bureau of Investigation, Elohim City, Jeffrey Paul, Geary State Fishing Lake And Wildlife Area, Lou Michel, Michael William Brescia
Timeline Tags: US Domestic Terrorism
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]
Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) leaves the Dreamland Motel in Junction City, Kansas (see 3:30 a.m. April 18, 1995), and drives his rented Ryder truck (see 3:00 - 5:00 p.m. April 17, 1995) to Herington, Kansas, where he has planned to meet with his co-conspirator Terry Nichols (see (February 20, 1995)) at 6:00 a.m. The plan is for McVeigh and Nichols to meet in the parking lot of the Pizza Hut near the storage unit where they have stored materials for the bomb (see September 22, 1994), leave Nichols’s truck at the Pizza Hut, and ride in the truck to the storage shed. Nichols, who has told McVeigh he does not want to participate directly in the bombing (see March 1995 and March 31 - April 12, 1995), does not appear. Nichols will later tell FBI investigators that around 6:00 a.m., McVeigh calls him asking to borrow his pickup truck to pick up some items and look at vehicles, and asking him to pick up McVeigh on his way to an auction in Fort Riley, Kansas (see November 20-21, 1997). At 6:15 a.m., McVeigh begins loading the truck himself, first loading empty drums and then beginning to load the seven boxes of fuel-oil gel. At 6:30 a.m., Nichols arrives in his truck. McVeigh has already loaded 20 50-pound bags of fertilizer into the truck. Nichols wants to leave and wait until sunrise to finish loading the truck, but McVeigh refuses. Nichols drives his truck to the Pizza Hut and walks back to the shed. Nichols then helps McVeigh load another 70 bags of fertilizer and three 55-gallon drums of nitromethane. McVeigh and Nichols leave in the shed a Ruger Mini 30 rifle, a duffel bag, LBE rifles and extra magazines for the guns, a smoke grenade, a hand grenade, a CS gas grenade, a shortwave radio, three KinePal explosive sticks similar to dynamite sticks, two changes of McVeigh’s clothing, three license plates, and a shovel. McVeigh tells Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” Nichols and McVeigh drive to Geary Lake State Park, Nichols in his pickup truck, McVeigh in the Ryder. [New York Times, 4/26/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 150; Douglas O. Linder, 2001]
Nichols Tells Different Story - Nichols will later describe to investigators (see April 25, 1995) a somewhat different chain of events. According to Nichols, McVeigh calls him at 6 a.m. and asks him to come to Junction City; according to Nichols’s statement, he drives to Fort Riley, where he intends to spend most of the day at an auction (see November 20-21, 1997), and lets McVeigh have the truck. Nichols will say that McVeigh returns the truck later this afternoon and the two drive to a storage shed, where McVeigh instructs Nichols to clean out the shed if he does not “come back in a while.” [New York Times, 4/26/1995; PBS Frontline, 1/22/1996]
Witnesses See McVeigh in Junction City, McVeigh Will Say Witnesses Are Mistaken - Two witnesses will later say they see McVeigh and another, unidentified man park a Ryder truck in front of a Hardee’s restaurant in Junction City sometime during the morning, but McVeigh will later tell his lawyers that this does not occur. [PBS Frontline, 1/22/1996]
Two witnesses see whom they believe to be Oklahoma City bombing suspects Timothy McVeigh and Terry Nichols (see September 13, 1994, October 20, 1994, (February 20, 1995), and 8:35 a.m. - 9:02 a.m. April 19, 1995) at a diner in Herington, Kansas. Barbara Whittenberg and her husband Robert own the Santa Fe Trail diner in Herington; the restaurant is near Highway 77, which leads to Junction City (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Early in the morning, Barbara Whittenberg sees McVeigh, Nichols, and a third man she does not recognize eating together in her restaurant. They have three separate vehicles in the parking lot—a white car with an Arizona license plate (see April 13, 1995), a Ryder truck (see 3:00 - 5:00 p.m. April 17, 1995 and 5:00 a.m. April 18, 1995), and a pickup truck, presumably the truck owned by Nichols. Whittenberg’s son Charlie notices the car’s Arizona license plate and strikes up a conversation with the three, a conversation that Barbara Whittenberg joins. Whittenberg recognizes Nichols as an occasional patron, and recognizes McVeigh from a single visit he made sometime earlier. The third man has a dark complexion, she will later tell investigators, and looks Hawaiian. She will say that the third man bears a general resemblance to the sketch of “John Doe No. 2” (see April 20, 1995), but his face is thinner, his cheekbones more prominent, and his nose wider than what the sketch depicts. During their brief conversation, she asks where they are going, and the third man replies, “Oklahoma.” She replies that she has relatives in a town south of Oklahoma City; the remark, she will recall, stops the conversation. “It was like ice water was thrown on it,” she later says. The men stay for about an hour, she will recall, and leave around 9:00 a.m. After 2:00 p.m., she and her husband drive to Junction City, she will recall, going past the entrance to Geary State Fishing Lake, the site where the FBI will later say Nichols and McVeigh assemble the bomb. The Whittenbergs see a Ryder truck parked by the lake and think of the three men. The truck appears identical to the one they had at the diner. “They couldn’t find a place to stay,” she will remember saying. According to chronologies assembled by the FBI and McVeigh’s lawyers, the two have left the lake before 2:00 (see 8:15 a.m. and After, April 18, 1995). [New York Times, 12/3/1995; PBS Frontline, 1/22/1996]
A remote, yet accessible area of Geary State Lake Park. [Source: Leisure and Sports Review (.com)]Oklahoma City bombing conspirators Timothy McVeigh and Terry Nichols, having finished loading McVeigh’s rented Ryder truck with the bomb components (see 5:00 a.m. April 18, 1995), arrive at Geary State Lake Park, Kansas, where they begin assembling the bomb. (A diner owner will later say she sees McVeigh, Nichols, and a third man eating breakfast at her establishment between 8 and 9 a.m.—see 8:00 a.m. April 18, 1995. It is possible that the 8:15 a.m. time of arrival is slightly erroneous.) Each 55-gallon drum has the contents of seven 50-pound bags of fertilizer and seven 20-pound buckets of nitromethane. They use a bathroom scale to weigh the buckets of nitromethane. They slit open the bags of ammonium nitrate, pour the fuel into empty plastic barrels, and mix in the racing fuel, turning the white fertilizer pellets into bright pink balls. After 10 minutes or so, the components will blend sufficiently to cause a tremendous explosion if detonated by blasting caps and dynamite, which they wrap around the barrels. McVeigh runs the main fuse to the entire batch through a hole in the storage compartment into the cab of the truck, allowing him to light the fuse from inside the cab. When they finish, Nichols nails down the barrels and McVeigh changes clothes, giving his dirty clothes to Nichols for disposal. Nichols also takes the 90 empty bags of fertilizer. The rest of the “tools” are placed in the cone of the bomb. They finish sometime around noon. Nichols tells McVeigh that his wife Marife (see July - December 1990) is leaving him for good. Nichols says he will leave McVeigh some money and a telephone card in the Herington storage shed (see September 22, 1994). They shake hands and Nichols wishes McVeigh good luck. Before they drive off in their separate vehicles, Nichols warns McVeigh that the truck is leaking. As they drive away, McVeigh sees two trucks pulling in. [New York Times, 4/26/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 150-151; Douglas O. Linder, 2001] Nichols will drive from the lake to a military surplus auction at Fort Riley, Kansas. He then picks up address labels and business cards for his new surplus-reselling business (see April 6, 1995). McVeigh will drive back to the Dreamland Motel to check out, and head towards Oklahoma City (see Noon and After, April 18, 1995). [Serrano, 1998, pp. 151] Witnesses will later tell FBI investigators that around 9:00 a.m. they see a large Ryder truck parked next to a blue or brown pickup truck at the lake. Around 10:00 a.m., Sergeant Richard Wahl of Fort Riley and his son arrive at Geary Lake about 50 yards away from where McVeigh and Nichols are mixing the bomb. As the morning is cold and rainy, they wait for about an hour trying to decide whether or not to put their boat in the water. Wahl sees the Ryder truck and the blue pickup parked together near the boat ramp, though he cannot see anyone near the two vehicles. He will recall seeing the side door on the Ryder open and later seeing it closed. Other visitors to the park say they did not see any large yellow truck, and some will claim to have seen the truck at the park a week before, adding to the confusion surrounding the circumstances. Investigators will later find an oily substance which smells like fuel oil at the spot indicated by witnesses that the trucks were parked (see April 15-16, 1995). [New York Times, 5/12/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 150-151]
Federal investigators probing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) search a site at the Geary County State Fishing Lake just south of Junction City, Kansas, where accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) assembled the bomb he used to devastate the Murrah Federal Building (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Witnesses have told investigators that they saw a yellow Ryder truck similar to the one used by McVeigh at the lake on April 18. Investigators find traces of ammonium nitrate and fuel oil (ANFO), the components of the bomb. [New York Times, 5/1/1995]
The lawyer for accused Oklahoma City co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) asks Federal Judge David L. Russell to release his client without bail. Defense lawyer Michael Tigar calls the government’s evidence against Nichols “lamentably thin,” and says Nichols’s actions, particularly in connection with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), were innocent and typical of a “peaceable, law-abiding person.” Tigar, along with co-counsel Ronald G. Woods, is apparently following a strategy of attempting to distance Nichols from McVeigh, claiming that Nichols and McVeigh had a “falling out” in February 1995 over plans to work gun shows and swap meets together. According to court papers filed by Tigar, Nichols had printed up his own business cards and other material for a new business trading in military equipment that had no place for McVeigh. Tigar also assails the government’s investigation, accusing FBI investigators of withholding evidence from the defense, of holding Nichols’s wife Marife (see July - December 1990) “virtually incommunicado and without counsel” for “33 days of continuous interrogation,” and of refusing to interview witnesses with information favorable to Nichols. According to Tigar’s timeline of events, Nichols, knowing little to nothing of a specific bomb plot (see Late 1992-Early 1993 and Late 1994, April 19, 1993 and After, October 12, 1993 - January 1994, September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, March 1995, April 13, 1995, and April 15-16, 1995), met with McVeigh on April 16 in Oklahoma City and drove him to Junction City, Kansas (see April 16-17, 1995). Prosecutors have stated that the day before, McVeigh told Nichols that “something big is going to happen,” impelling Nichols to ask if McVeigh planned on robbing a bank (see April 15, 1995). In Tigar’s timeline, this exchange never happened. Instead, Tigar’s timeline recounts a lengthy story of McVeigh calling Nichols on April 16 complaining of car trouble; McVeigh, Tigar claims, had a television set with him that belonged to Nichols’s ex-wife Lana Padilla that Nichols wanted for his home in Herington, Kansas (see (February 20, 1995)). Nichols drove to Oklahoma City to get the television set. Tigar says that the Nichols family used the television set to watch a videotape of The Lion King and two other movies on April 17. In the days before the bombing, Tigar says Nichols took his family to a restaurant, picked up new business cards and labels, and, on the day of the bombing, visited a local hardware store and a military surplus dealer to discuss selling or trading Army tools, possibly for roofing shingles, and worked around his house. Tigar says Marife Nichols has confirmed this version of events. Tigar also says that prosecution allegations that Nichols used his pickup truck on April 18 to help McVeigh load fertilizer into the rented Ryder truck McVeigh used for the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) are false, and instead Nichols had loaned McVeigh his truck, and not accompanied McVeigh to the loading site at Geary Lake in Kansas. Tigar also says that a fuel meter owned by Nichols and believed by the prosecution to have been used to measure the bomb ingredients was broken the entire time Nichols owned it. [New York Times, 5/19/1995; New York Times, 5/25/1995] Later press reports will show that Tigar’s information about the supposed “falling out” between McVeigh and Nichols comes from Padilla. According to Padilla: “He said, ‘Tim and I are going to go our separate ways and I am going to the shows myself.’ That surprised me. They were going to go their own ways and it was because Terry was going to buy his own house and have his wife and baby come out. I don’t think that Tim could stand that. Terry also said that Tim didn’t like kids.” [New York Times, 8/6/1995] The prosecution counters with a request to hold Nichols without bail, citing evidence seized from Nichols’s home that implicates him in the bombing conspiracy (see 3:15 p.m. and After, April 21-22, 1995), and a series of letters he wrote to the IRS and other federal agencies repudiating his citizenship and asking to be exempted from paying federal taxes (see April 2, 1992 and After). Prosecutors say the letters demonstrate Nichols’s repudiation of “roots to this country and its sovereign states” and that he therefore should be denied bail. “Nichols poses a danger to the community and an unreasonable risk of flight against which no conditions of release could adequately guard,” the prosecutors argue. Russell denies Nichols bail and orders him to remain in custody. Tigar says he will appeal the ruling. Russell also orders that Nichols be allowed to sleep without lights beaming into his cell 24 hours a day, and that prison officials not allow any more mental health professionals to interview Nichols without the court’s approval. Tigar has called a visit by a previous counselor “unwanted” and intrusive. [New York Times, 6/2/1995; New York Times, 6/3/1995]
A federal grand jury indicts Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on 11 counts of murder and conspiracy. Neither McVeigh nor Nichols are present during the hearing. The grand jury is only empowered to bring federal charges; the eight murder charges are in regards to the eight federal agents slain in the bombing: Secret Service agents Mickey Maroney, Donald Leonard, Alan Whicher, and Cynthia Campbell-Brown; DEA agent Kenneth McCullough; Customs Service agents Paul Ice and Claude Madearis; and Paul Broxterman, an agent in the Office of the Inspector General at the Department of Housing and Urban Development. Both Nichols and McVeigh are expected to face 160 counts of murder brought by the state of Oklahoma; both will plead not guilty to all counts of the indictment (see August 15, 1995). The indictment levels the following charges:
on September 30, 1994, McVeigh and Nichols purchased 40 50-pound bags of ammonium nitrate (2,000 pounds in total, or one ton) in McPherson, Kansas, under the alias “Mike Havens” (see September 30, 1994);
on October 1, 1994, McVeigh and Nichols stole explosives from a storage locker in Marion, Kansas (the actual date of the theft is October 3—see October 3, 1994);
on October 3-4, 1994, McVeigh and Nichols transported the stolen explosives to Kingman, Arizona, and stored them in a rented storage unit (see October 4 - Late October, 1994);
on October 18, 1994, McVeigh and Nichols bought another ton of ammonium nitrate in McPherson, Kansas, again using the “Mike Havens” alias (see October 18, 1994);
in October 1994, McVeigh and Nichols planned the robbery of a firearms dealer in Arkansas as a means to finance the bombing, and on November 5 they “caused” firearms, ammunition, coins, cash, precious metals, and other items to be stolen from gun dealer Roger Moore (see November 5, 1994);
on December 16, 1994, McVeigh drove with Michael Fortier to Oklahoma City and identified the Murrah Federal Building as the target of the upcoming bombing (see December 16, 1994 and After);
in March 1995 McVeigh obtained a driver’s license in the name of “Robert Kling,” bearing a date of birth of April 19, 1972 (see Mid-March, 1995);
on April 14, 1995, McVeigh bought a 1977 Mercury Marquis in Junction City, Kansas, called Nichols in Herington, Kansas, used the “Kling” alias to set up the rental of a Ryder truck capable of transporting 5,000 pounds of cargo, and rented a room in Junction City (see April 13, 1995);
on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
on April 18, 1995, at Geary Lake State Park in Kansas, McVeigh and Nichols constructed the truck bomb using barrels filled with ammonium nitrate, fuel, and other explosives, and placed the cargo in the compartment of the Ryder truck (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995);
on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
on April 19, 1995, McVeigh “caused the truck bomb to explode” (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
The indictment accuses McVeigh and Nichols of plotting the bombing “with others unknown to the Grand Jury.” It does not mention the person identified earlier as “John Doe No. 2” (see June 14, 1995). The grand jury says it is confident others, as yet unidentified, also participated in the plot. Lead prosecutor Joseph Hartzler says: “The indictment mentions unknown co-conspirators. We will try to determine if there are others who aided and abetted this crime.” After the indictments are handed down, Attorney General Janet Reno says: “We will pursue every lead based on the evidence.… [M]ost of these leads have been pursued and exhausted.… [W]e have charged everyone involved that we have evidence of at this point.” Prosecutors say that while others may well have been involved, the plot was closely held between McVeigh and Nichols. US Attorney Patrick Ryan has already announced he will seek the death penalty against both McVeigh and Nichols (see July 11-13, 1995), a decision supported by Reno (see 4:00 p.m., April 19, 1995). A third conspirator, Michael Fortier, has pled guilty to lesser crimes regarding his involvement; Fortier has testified against McVeigh and Nichols in return for the lesser charges (see May 19, 1995 and August 8, 1995), and defense lawyers are expected to assail Fortier’s credibility during the trials (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995). Nichols’s lawyer Michael Tigar says, “Terry Nichols is not guilty of the allegations of which he is charged,” calls the case against his client “flimsy” and “irresponsible,” and accuses prosecutors of attempting to try his client “in the national media.” Periodically, Tigar holds up hand-lettered signs reading, among other messages, “Terry Nichols Wasn’t There” and “A Fair Trial in a Fair Forum.” Prosecutors have dropped all charges against Nichols’s brother James Nichols, who was indicted on three related explosive charges (see December 22 or 23, 1988, April 25, 1995, and May 11, 1995). US Attorney Saul A. Green says that “additional investigation failed to corroborate some of the important evidence on which the government initially relied.” [Washington Post, 8/11/1995; New York Times, 8/11/1995; Stickney, 1996, pp. 189-191; Mickolus and Simmons, 6/1997, pp. 811; Washington Post, 12/24/1997; Serrano, 1998, pp. 245; Douglas O. Linder, 2001] McVeigh’s lawyer, Stephen Jones, tells reporters after the hearing that he has been in contact with a man who, he says, told the government early in the fall of 1994 of plans to blow up federal buildings. This man, Jones says, was given a “letter of immunity” by the authorities in exchange for information involving a trip he had taken to Kingman, Arizona, Fortier’s hometown, and for information about his discussions with potential bombers whom, Jones says, the man had described as either “Latin American or Arab.” Jones refuses to identify the person to whom he is referring. [New York Times, 8/11/1995]
Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Geary State Fishing Lake And Wildlife Area, Cynthia Campbell-Brown, Alan Whicher, Stephen Jones, Donald Leonard, Claude Madearis, Roger E. (“Bob”) Moore, Saul A. Green, Paul Broxterman, Paul Douglas Ice, Janet Reno, James Nichols, Kenneth McCullough, Joseph H. Hartzler, Michael Joseph Fortier, Patrick M. Ryan, Mickey Maroney, Michael E. Tigar
Timeline Tags: US Domestic Terrorism
The prosecution in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) rests its case on an emotional note after having presented 137 witnesses. [Douglas O. Linder, 2001] The government presented what many legal analysts call a masterful case, moving far more quickly than anticipated and using witnesses to establish a string of facts that paint a strong picture of McVeigh’s guilt. The prosecution ends on a powerfully emotional note, presenting a number of first responders and survivors. Florence Rogers, a credit union employee who worked in the Murrah Federal Building, tells the jury of the moment when she lost seven of her co-workers in the bomb blast. She recalls the bomb going off with a “torrnado-like rush.” She was thrown to the floor, she recalls, and, she says, “everything else was gone.” Mike Shannon, chief of special operations for the Oklahoma City Fire Department, uses a diagram to show the jury how the bomb took an enormous “bite” from the north face of the building, and to show where rescuers finally freed the last survivor, 15-year-old Brandy Ligons, over 12 hours after the bombing. “To climb into” the area where Ligons was trapped, Shannon testifies, “it took people lying on their stomach, taking debris, pushing it down under their belly down between their legs. The second person would lay his head on the first person’s bottom and take that debris and pass it between his legs, and they would work their way into the pile. It was just big enough for just one person to wiggle through.” Dangling over Ligons and the rescuers was a 40,000-pound slab of concrete, ready to fall and crush everyone involved. Shannon testifies as to the difficulties of rescuing victims and removing the dead from a building whose front had pancaked into a heap of rubble. The effect was “like squeezing grapes,” he says. “Body fluids were dripping through, and it would just drip onto your gear as you were crawling through, onto your helmet.” Responder Alan Prokop tells jurors of the hand that rose from the rubble of the devastated building and grasped his, a hand belonging to a woman trapped under a huge slab of concrete. Prokop held her hand and felt her slowly die while rescuers tried vainly to free her. He recalls hearing the sound of what he thought was running water, and tells of a fellow rescuer saying, “It isn’t water, Alan, it’s blood.” Dr. Frederick B. Jordan, the Oklahoma State Medical Examiner, presents the jury with 163 death certificates for those who died in the bombing. He tells the jury how some of the victims were identified using the mangled remains of their bodies: a fingerprint from a resident alien card, a print taken from a box of Clairol hair coloring agent from a victim’s home, a scar on a little girl’s arm. The prosecution never mentions a contention by a federal grand jury that McVeigh and his co-conspirator Terry Nichols built the truck bomb at Geary Lake State Park in Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995); indeed, the prosecution does not attempt to prove how or where the bomb was built. The prosecution does not introduce a letter written by Nichols on November 21, 1994 that advised McVeigh to clean out two storage lockers (see November 5, 1994 - Early January 1995). After the prosecution rests, defense lawyer Stephen Jones moves for a summary acquittal, a motion rejected by Judge Richard P. Matsch. However, the judge says he may delete some portions of the indictment before giving the jury its final instructions. Those portions include references to the purchase of bomb components, the rental of some storage units, the construction of the truck bomb at the Kansas lake, and the robbery of an Arkansas gun dealer used to finance the bombing, another instance not cited by the prosecution (see November 5, 1994). “I had in mind some redaction of the indictment, or perhaps even more substantial changes, before submitting it to the jury,” Matsch says after the jury is excused for the day. “I think we’ll deal with it at the instructions conference as the most appropriate time.” [New York Times, 5/22/1997; Washington Post, 5/22/1997; Denver Post, 6/3/1997; Denver Post, 6/14/1997; Associated Press, 1/11/1998] Legal analyst Andrew Cohen will say that the prosecutors did not “bore” the jury with a morass of technical details, instead moving swiftly through technical testimony and pacing their witnesses so that each day ended with the emotional testimony of a victim or family member. Law professor Christopher Mueller says after the prosecution rests: “[T]his is a trial the way a trial ought to look.… I think the prosecution has presented a very strong, almost compelling case. The biggest payoff is in the abandonment of much of the scientific proof that would have been enormously distracting” to the jury. [Washington Post, 5/22/1997; Denver Post, 6/14/1997]
Entity Tags: Florence Rogers, Andrew Cohen, Alan Prokop, Christopher Mueller, Brandy Ligons, Timothy James McVeigh, Stephen Jones, Richard P. Matsch, Mike Shannon, Frederick B. Jordan, Terry Lynn Nichols, Geary State Fishing Lake And Wildlife Area
Timeline Tags: US Domestic Terrorism
Legal observers say that the guilty verdict against Oklahoma City bomber Timothy McVeigh (see June 2, 1997) does not mean that the trial of McVeigh’s accused co-conspirator, Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), will proceed as smoothly for the prosecution. The prosecutors in the Nichols trial will likely have to use witnesses and evidence the McVeigh prosecutors left out of McVeigh’s trial (see May 21, 1997); those witnesses and evidence were considered “shaky” or potentially confusing for the McVeigh jury. For example, the prosecution chose not to present evidence that McVeigh and Nichols assembled the bomb at Geary Lake State Park in Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), apparently because prosecution lawyers were uncertain over their witnesses’ credibility on that subject. The Geary allegation is a central element of the Nichols indictment. Similarly, the McVeigh prosecutors chose not to mention the robbery of an Arkansas gun dealer, which they believed was used to finance the bombing (see November 5, 1994), but the Nichols prosecutors will undoubtedly use that robbery as another key element of their case against Nichols. Michael Fortier, a friend of McVeigh’s who has extensive knowledge of the bomb plot, testified against McVeigh (see May 12-13, 1997); he will also testify against Nichols, but his testimony is expected to be less effective against Nichols. Perhaps the most powerful argument for the Nichols defense is the allegation that Nichols broke with McVeigh a month before the bombing and did not take part in the bombing itself (see March 1995), an allegation supported not just by Nichols, but by his ex-wife Lana Padilla and by Fortier. [New York Times, 6/3/1997]
FBI agent Stephen E. Smith testifies 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).
Nichols Told of Picking Up McVeigh - Smith testifies that Nichols told him and other FBI agents that on Easter Sunday, April 16, 1995, three days before the bombing, he drove around downtown Oklahoma City looking for his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols, says Smith, drove around the Murrah Federal Building, McVeigh’s target, several times before finding McVeigh in a nearby alley (see April 16-17, 1995). McVeigh, according to what Nichols told Smith, had asked Nichols for a ride from Oklahoma City back to Nichols’s Herington, Kansas, home (see (February 20, 1995)) because his car had broken down. Nichols found McVeigh, Smith says: “[H]e was standing in a light rain with Mr. Nichols’s TV set and a green laundry bag.” Smith was one of the agents who interrogated Nichols for nine hours after the bombing (see 3:15 p.m. and After, April 21-22, 1995). He was not allowed to testify in McVeigh’s trial, but was allowed to introduce the 22 pages of handwritten notes taken during Nichols’s interrogation. Smith’s testimony is the first to describe what Nichols said about the trip from Oklahoma City to Herington. McVeigh was going to bring Nichols a television set, Nichols told Smith, when his car broke down. Nichols said after he received the telephone call from McVeigh at around 3 p.m., he left about 10 minutes later and drove straight to Oklahoma City. McVeigh had told him to “drive around the block a couple times,” Nichols told the agents, and added that he passed “that building” several times. The alley McVeigh was standing in was, Smith testifies, next to the YMCA near the Murrah Building. Nichols told Smith and the other agents that McVeigh was “hyper” during the return trip to Herington, and they talked about the upcoming anniversary of the federal assault on the Branch Davidian compound in Texas (see April 19, 1993 and April 19, 1993 and After). Nichols told the agents that McVeigh told him “he would see something big in the future.” Nichols, Smith testifies, asked if McVeigh was planning to rob a bank; McVeigh replied, “No, but I’ve got something in the works.” Nichols was shocked to learn that McVeigh was a suspect in the bombing, Smith testifies: “He thought Tim was driving back east to see his family.” Nichols told the agents he could not discern any motive for the bombing, since McVeigh “was supposed to receive an inheritance from his grandfather and he would have money” to do whatever he wanted. Smith testifies that when the agents asked Nichols if he was worried about what McVeigh might say about him, Nichols replied that “he’d be shocked if Mr. McVeigh implicated him.… Terry Nichols said he trusted Timothy McVeigh more than anyone. Timothy McVeigh lived up to his arrangements and took responsibility for his actions.” Smith adds that Nichols never clarified what he meant. Nichols told the agents that the Easter telephone call was the first contact he had had with McVeigh since November 1994. However, other testimony has shown numerous contacts between McVeigh and Nichols since that time period (see November 7, 1994, March 1995, April 13, 1995, April 15, 1995, and April 15-16, 1995). [New York Times, 11/21/1997] Nichols also told federal agents that he spent the morning of April 18 at an auction in Fort Riley, Kansas, and that the same morning, McVeigh had borrowed his pickup truck to run errands. Nichols told agents that the morning of April 18, McVeigh called at 6:00 a.m. and asked to borrow the truck. Nichols agreed, and the two met at a McDonald’s restaurant in Junction City, Kansas, around 7:30 a.m. The two drove to the auction site, and McVeigh took the truck, leaving Nichols at the auction. McVeigh returned after 1:00 p.m. Nichols told agents he signed in at the auction site sometime around noon. [New York Times, 11/26/1997]
Story Contradicted by Other Evidence - Other evidence has shown that Nichols’s story about driving to Oklahoma City to pick up McVeigh and a television set is false. That evidence has shown that on April 16, Nichols met McVeigh at a Dairy Queen in Herington, then the two drove separately to Oklahoma City to scout the location for the bomb. McVeigh left his getaway car at the scene (see April 13, 1995) and the two drove back to Herington in Nichols’s pickup truck (see April 16-17, 1995). On the morning of April 18, McVeigh, staying at a motel in Junction City with his rented Ryder truck (see April 15, 1995), met Nichols at a Herington storage unit (see (February 20, 1995)). The two loaded bags of fertilizer and drums of nitromethane into the Ryder truck, and McVeigh told Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” They drove separately to Geary County State Fishing Lake, where they met and mixed the explosive components. Nichols later told investigators that he cleaned out the storage shed on April 20. One witness told investigators that he saw McVeigh with a man resembling Nichols at the motel. Other witnesses recalled seeing the Ryder truck parked behind Nichols’s house on April 17, and the Ryder truck and a pickup truck resembling Nichols’s at Geary Lake on April 18. Other witnesses said that on either April 17 or 18, they saw what appeared to be Nichols’s pickup truck parked behind the Herington storage shed (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Videotape from the Regency Towers Apartments, one and a half blocks from the bombed Murrah Federal Building, showed Nichols’s dark blue pickup with a white camper shell passing the building on April 16, though the videotape does not itself disprove Nichols’s claims of driving to Oklahoma City to pick up McVeigh and a television set. [Denver Post, 12/24/1997; Fox News, 4/13/2005] Prosecutors will soon submit evidence showing that Nichols’s claims of his whereabouts on April 18 are incorrect (see November 25, 1997).
Shared Interest in Bombs - Nichols also said that he and McVeigh were curious about bombs. They read books and magazines about them, and discussed how they worked. Nichols told the agents that “it’s possible he [McVeigh] could make a device to blow up a building without my knowledge.” Nichols, Smith testifies, insisted that their interest in bombs was strictly out of curiosity. Nichols told Smith and the other agents that he had learned about explosives from people “who came by the table at gun shows and literature he had read.” Nichols also said that he had learned “ammonium nitrate fertilizer can be used to make a bomb.… I imagine you have to put a blasting cap on it.” Smith testifies that someone had informed Nichols that ammonium nitrate could be mixed with diesel fuel to make a bomb, but adds that Nichols said he had not done that.
Cross-Examination - Nichols’s defense lawyer, Ronald G. Woods, has Smith read the entire 22-page sheaf of handwritten notes he took during his interviews with Nichols, then tells Judge Richard P. Matsch that the typewritten transcript of those notes “was not accurate or complete.” Woods also questions why the interviews were not tape-recorded. Smith calls his notes accurate, but admits that he had not written down what he now testifies was Nichols’s silence when shown a letter he had written to McVeigh the previous November urging him to “Go for it.” During the interview, Smith says Nichols admitted to having the knowledge needed to build a fertilizer bomb after initially denying it. [Washington Post, 11/21/1997; New York Times, 11/22/1997; Denver Post, 12/24/1997]
As the prosecution in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) prepares to rest its case, the prosecuting lawyers attempt to show that Nichols lied about his whereabouts on the day the Oklahoma City bomb was built (see November 20-21, 1997). Nichols claimed that the day the bomb was assembled, April 18, 1995, he was at an auction in Fort Riley, Kansas, from 8:00 a.m. until after 1:00 p.m., while his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), had borrowed his truck. Prosecutors introduce evidence that shows Nichols and McVeigh worked together to build the bomb in an isolated section of Geary Lake State Park, 16 miles from Nichols’s home in Herington, Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols has not yet testified; his version of events comes from statements he gave to FBI agents two days after the bombing (see 3:15 p.m. and After, April 21-22, 1995). Mary Garza, a civilian employee at Fort Riley and the overseer of the auction that Nichols claimed he attended, produces a document that shows Nichols signed in to the auction at 12:50 p.m. that afternoon, and another document showing that he submitted a sealed bid at 12:37 p.m. on March 18, 1995. Garza testifies that the time clock was off by one month and one hour, and in reality Nichols submitted his bid at 1:37 p.m. on April 18, 1995. Nichols said he wandered from one auction building to the next, but other witnesses testify that the morning of April 18 was extremely cold and windy, and only one building was open to the public. Visitors such as Nichols were required to sign in. Nichols could conceivably have spent five hours outside, examining two small outdoor sales areas, the witnesses say, but the sale was quite small, and none of the witnesses saw Nichols that morning. [New York Times, 11/26/1997]
The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses designed to cast doubt on Nichols’s alleged participation in the Oklahoma City bombing plot with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Three witnesses testify that in the days before the bomb destroyed an Oklahoma City federal building, they saw McVeigh in the company of a man who has become known as “John Doe No. 2,” a person that some believe conspired with McVeigh to build and deliver the bomb. Prosecutors believe that “John Doe No. 2” was an Army soldier who had no involvement with McVeigh (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defense lawyers assert that McVeigh conspired with “John Doe No. 2” and not their client. Eldon Elliott, who owns the Junction City, Kansas, shop where McVeigh rented the Ryder truck used to deliver the bomb (see April 15, 1995), testifies that he rented the Ryder truck to McVeigh, and that when McVeigh picked up the truck on April 17 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), he was accompanied by a man who was not Nichols. Estella Weigel, a health worker, then testifies that she was driving south on Interstate 135 near McPherson, Kansas, sometime between 7 a.m. and 8 a.m. on April 18 when she had to slow down for a large Ryder truck following closely behind a beige car that “reminded me of my sister’s ‘78 Mercury.” McVeigh had just bought a similar car, which prosecutors say he used for his getaway (see April 13, 1995). Weigel noted that the car had no license plates, and later realized that the driver resembled the sketch of “John Doe No. 2.” There were two men in the truck, she says, neither of whom were Nichols. Prosecutors say Nichols and McVeigh were at that time on their way to Geary County State Fishing Lake to assemble the bomb. A third witness, obstetrical nurse Mary Martinez, tells the jury she saw McVeigh driving a large Ryder truck in Junction City on the morning of April 18; a man she thought was “Mexican” was in the passenger seat. Under cross-examination, Martinez admits that her story has changed dramatically: she originally described a smaller Ryder truck with a red-haired driver, and said the passenger stood up in the cab of the truck. [Washington Post, 12/4/1997; New York Times, 12/4/1997; Denver Post, 12/24/1997]
Defense lawyers continue their attempt to show that their client, accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), was not involved in the conspiracy to bomb the Murrah Federal Building (see December 2-3, 1997), but that others besides Nichols worked with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Two witnesses, James L. Sergent and Georgia Rucker, testify that they saw a large Ryder truck parked at Geary State Fishing Lake, north of Herington, Kansas, where Nichols lives, on April 10, 11, and 12, 1995. Prosecutors say that McVeigh and Nichols brought a Ryder truck to that lake on April 18 to assemble the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Rucker says she saw the same truck at the lake on April 18. Their testimony is designed to bolster the contention that more than just two people took part in building the bomb (see (April 1) - April 18, 1995). Defense lawyers also challenge the credibility of Roger E. Moore, an Arkansas gun dealer whom prosecutors say was robbed by Nichols as part of an attempt to finance the bomb construction (see November 17-18, 1997 and November 19, 1997). Defense witness Larry Hethcox says that Moore later told him the robber took many more items than he originally claimed in police reports. However, the prosecution forces Hethcox to acknowledge that the serial number of one of the guns found in Nichols’s house (see 3:15 p.m. and After, April 21-22, 1995) was of a gun Hethcox sold to Moore. [New York Times, 12/5/1997]
The defense in the Terry Nichols bombing conspiracy trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) presents an array of witnesses who say they saw convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) in the company of someone besides Nichols in the days before the bombing. The defense intends to portray the still-unidentified “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995) as McVeigh’s accomplice, and not Nichols. Government officials have long claimed that “John Doe No. 2” was a misidentification by witnesses of a person who had no involvement in the bomb plot, Private Todd Bunting of Fort Riley, Kansas (see June 14, 1995). Prosecutors say that those witnesses who claim to have seen “John Doe No. 2” might have seen Bunting or other Fort Riley soldiers with other Ryder trucks aside from that used by McVeigh to deliver the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or were influenced by the wanted poster.
Dishwasher Resembled Sketch - Darvin Ray Bates, the former mayor of Waurika, Oklahoma, says in May 1995 he hired a drifter to work as a dishwasher in his Duncan, Oklahoma restaurant. The drifter resembled the sketch federal officials circulated of “John Doe No. 2,” Bates testifies. He says, “I could never pronounce his name, and he said, ‘Just call me John’.” Bates says the man told him he was from Kingman, Arizona, the same town where McVeigh lived. In the days after the bombing, Bates testifies, he told “John” that he looked like the sketch of “John Doe No. 2,” and the man never returned to work. Bates informed the FBI of the encounter, but, he says, an agent told him “they had the two arrested that they needed in the case, and if they needed additional information they could call me.” No one from the FBI contacted Bates again.
Saw Man Accompanying McVeigh One Hour before Bombing - Morris John Kuper, Jr, a computer specialist, testifies that on April 21, two days after the bombing, he told FBI agents that he saw two men getting into an old car across the street from his parking lot at the Kerr-McGee Corporation in Oklahoma City about an hour before the April 19 bombing. One man looked like McVeigh, he testifies, while the other resembled “John Doe No. 2.” Kuper says it took months for FBI agents to contact him about his sighting. Obstetrical nurse Mary Martinez has already testified about seeing McVeigh and “John Doe No. 2” in a Ryder truck in Junction City, Kansas two days before the bombing; prosecutors were able to cast strong doubts upon her story (see December 2-3, 1997).
Sightings of Man At Motel - Hilda Sostre, a maid at the Dreamland Motel, where McVeigh stayed for four days before the bombing, testifies she saw a man resembling “John Doe No. 2” at the motel on April 17, two days before the bombing. She says she saw him walking towards a large Ryder truck. If accurate, Sostre’s sighting conflicts with the prosecution’s assertion that McVeigh did not bring the truck to the motel until much later that day. Shane M. Boyd, who was staying at the Dreamland, testifies that he saw a man resembling “John Doe No. 2” at the motel on Saturday, April 15. Boyd says he passed the man while walking back to his room (see April 13, 1995).
Store Worker Saw McVeigh, Man Together - Rose Mary Zinn says that on April 17, she was working alone in a store in Lincolnville, Kansas, when two men came in. “One was blond and white, and the other one was a dark-complected guy,” she testifies. “The dark-colored guy looked mean. So I know this might sound silly, but I thought, uh-oh, I’m going to be robbed.” Instead of robbing her, they bought cigarettes and soda and left. She says she watched them get into a large Ryder truck. She cannot testify to the men’s features, and says the blond man was shorter than his companion; McVeigh is described as being significantly taller than “John Doe No. 2.”
Father and Son Saw Two Men at Lake - Raymond Siek, who was returning from a funeral on the afternoon of April 17, says he noticed a Ryder truck at Geary State Fishing Lake, the place where prosecutors say the bomb was built on April 18. Siek testifies that he saw two men, and turned to his son, Kevin Siek, and observed, “I wonder what those idiots are doing down there in the rain.” Kevin Siek also testifies: his story is that he saw three men that day, with the third being shorter and perhaps an adolescent.
Other Sightings - On April 17, two people working at the body shop that rented McVeigh the Ryder truck, Eldon Elliott and Vicki Beemer, have said they saw McVeigh and another man in the shop, but neither can describe the second man. Estella Weigel, a health care worker, has already testified she saw a man who looked like “John Doe No. 2” driving an old Mercury similar in year and color to one owned by McVeigh sometime between 7 and 8 a.m. on April 17 (see December 2-3, 1997). [New York Times, 12/10/1997]
Entity Tags: Geary State Fishing Lake And Wildlife Area, Vicki Beemer, Estella Weigel, Dreamland Motel (Junction City, Kansas), Darvin Ray Bates, Todd David Bunting, Timothy James McVeigh, Terry Lynn Nichols, Shane Boyd, Mary Martinez, Kevin Siek, Eldon Elliott, Hilda Sostre, Raymond Siek, Rose Mary Zinn, Morris John Kuper, Jr
Timeline Tags: US Domestic Terrorism
Marife Nichols (see July - December 1990), the wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), gives what analysts call a powerful defense of her husband during trial testimony. Her testimony is combined with that of three others to cast doubt on the prosecution’s assertions that Nichols conspired with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to build and detonate the bomb that killed 168 people. The defense, already having attempted to establish that an unidentified person and not Nichols conspired with McVeigh (see December 2-3, 1997, December 4, 1997, and December 9, 1997), now tries to allege that McVeigh was a member of a much larger conspiracy that federal law-enforcement officials never seriously explored. The indictments against both McVeigh and Nichols say that “persons unknown” may have assisted McVeigh and Nichols in the bomb plot. The Washington Post observes that while the others’ testimonies may have helped Nichols, Nichols’s wife’s testimony may have “done more harm than good.” The New York Times agrees, saying that her testimony “seemed to confirm some of the strongest evidence against him.” [New York Times, 12/11/1997; Washington Post, 12/12/1997; New York Times, 12/12/1997]
Mechanic Testifies to Seeing Five Men at Bomb Building Site - Charles Farley, a mechanic from Wakefield, Kansas, testifies that on April 18, 1995, around 6:00 p.m., he came across five men and four vehicles, including a large Ryder truck and a farm truck laden with bags of ammonium nitrate fertilizer, at Geary State Fishing Lake, near Herington, Kansas. Prosecutors believe that McVeigh and Nichols alone built the bomb at the state park sometime on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Farley says he later saw one of the men, an older man with gray hair and a beard, on television. A photo of the man is shown to the jury, but the man is not identified. Sources say the man is the leader of a Kansas paramilitary group.
BATF Informant Testifies - Carol Howe, a former informant for the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995), then testifies, linking McVeigh to white supremacist Dennis Mahon and a group of Christian Identity supremacists living at Elohim City, Oklahoma (see (April 1) - April 18, 1995). Howe says in the spring of 1994, Mahon took a call from a man he identified as “Tim Tuttle,” a known alias of McVeigh’s (see October 12, 1993 - January 1994). Howe says she never told BATF or any other federal agents about the conversation because she did not know “Tuttle” was McVeigh. Howe also says she saw McVeigh at Elohim City in July 1994, in the company of two Elohim City residents, Peter Ward and Andreas Strassmeir. She says at the time she did not know McVeigh. After the bombing, Howe testifies, she told FBI investigators that Ward and his brother might be “John Doe No. 1 and No. 2,” the suspects portrayed in composite sketches circulated in the days after the bombing (see April 20, 1995). She testifies that in the days following the bombing, BATF agents showed her a videotape of McVeigh, and she told the agents she had seen McVeigh at a Ku Klux Klan rally.
White Supremacist Settlement Resident Testifies about Phone Call - Joan Millar, the daughter-in-law of Elohim City religious leader Robert Millar, testifies that on April 5, 1995, she believes she spoke to McVeigh on the telephone. Phone records show that McVeigh called a number in Elohim City on that date (see April 5, 1995). “When I answered the phone, it was a male voice,” she says. “He gave a name, but it wasn’t ‘McVeigh.’ He said that he had—he would be in the area within the next couple weeks and he wanted to know if he could come and visit Elohim City.” She says the caller was reluctant to explain how he knew of the settlement, then says he met some residents at a gun show. A man with “a very broad foreign accent” had given him a card with a telephone number on it, she says he told her. She asked if he had spoken to “Andy,” meaning Strassmeir, and the caller said that may be correct. Millar says the caller told her he would call again for directions, but never called back and never came to the settlement. Millar says that while Elohim City residents were angry and worried about the federal assault on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993 and April 19, 1993 and After), they planned no retaliation. Howe, however, testifies that she heard Strassmeir, Mahon, and Robert Millar advocate some sort of direct action against the federal government. Prosecutors have always maintained that Nichols and McVeigh bombed the Murrah Federal Building in Oklahoma City to avenge the people who died at the Branch Davidian compound.
Testimony of Wife - Marife Nichols testifies that she heard her husband talk about the Davidian tragedy with McVeigh and his brother James Nichols, but says she “did not see Terry being so mad about Waco.” Marife Nichols walks the jury through the events of April 21, when she accompanied her husband to the Herington, Kansas, police station to give voluntary statements about the bombing (see 3:15 p.m. and After, April 21-22, 1995). She describes her husband as “pale and scared,” and says, “He told me his name was in the news and James Nichols was in the news, and they’re supposed to be armed and dangerous.” Her husband worried that they were being followed by “a black car” on their way to the police station. When he said that, she testifies, “I asked him right then, ‘Are you involved in this?’ and he said, ‘No.’” She testifies that before he returned from a November 1994 trip to the Philippines (see November 5, 1994 - Early January 1995) he had told her that he was no longer having dealings with McVeigh (see March 1995). “I didn’t want Tim McVeigh in our life,” she says. [New York Times, 12/11/1997]
Cross-Examination Damaging to Defense Portrayal - Lead defense attorney Michael Tigar asserts that Marife Nichols’s testimony shows that “Terry Nichols was building a life, not a bomb.” However, under cross-examination, prosecutors quickly elicit details about the Nichols’s marriage that shows the two as distant and estranged, casting a new light on Marife Nichols’s attempt to portray their relationship as close and loving. She admits that for much of their seven-year marriage, they lived apart from one another, with her returning frequently to her home in the Philippines. She also admits that Nichols lied to her about breaking off his relationship with McVeigh, and that she suspected her husband was living a “secret life” that included numerous aliases and secret storage lockers, though she says as far as she knows, McVeigh was never in their home. She responds to questions about her husband’s shadowy activities by saying: “I don’t know. I didn’t ask him.” She recalls finding a letter to Nichols from McVeigh the week before the bombing, and though she says she did not understand the letter entirely, she remembers some phrases, including “shake and bake” and “needed an excuse for your second half.” US Attorney Patrick M. Ryan shows her a pink receipt found in the Nichols home for a ton of ammonium nitrate that prosecutors say was used to make the bomb, a receipt made out to “Mike Havens,” an alias used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). The receipt was wrapped around gold coins found at the back of her kitchen drawer; federal analysts found McVeigh’s fingerprints on the receipt. Ryan places two gold coins on the receipt, fitting them precisely into two dark impressions left on the receipt, presumably by the coins. The coins belong to Nichols, and may have come from a robbery Nichols perpetrated to help finance the bombing (see November 17-18, 1997). On April 16, she says, Nichols told her he was going to Omaha, Nebraska, to pick up McVeigh, when in reality he went to Oklahoma City (see April 16-17, 1995). Prosecutors have said that Nichols helped McVeigh stash the getaway car to be used on April 19 after the bomb was detonated (see April 13, 1995). He admitted lying to her about the April 16 trip just seconds before turning himself in on April 21, she says. She admits that Nichols had used a mail-order bride service to find her, and says he once told her, “Young ones were easier to train.” Marife Nichols was 17 when she married Nichols in November 1990; after they married in Cebu City, Philippines, he left her there and returned to the US without her, only bringing her to America months later. She says that she could not remember the exact date of their wedding. She also admits that when she joined Nichols in July 1991, she was pregnant with another man’s child. That child was found in 1993 dead with a plastic bag wrapped around his head; his death was ruled an accident. The two have two more children together. She is unable to offer an alibi for Nichols’s whereabouts on the morning of April 18, when prosecutors say he helped McVeigh construct the bomb. In saying she knew nothing about the storage lockers rented under aliases, she seems to contradict Tigar’s previous assertions that the storage lockers were used for storing innocent items and Nichols chose to use aliases merely to avoid creditors (see November 3, 1997). She also contradicts Nichols’s statements to the FBI that he had not seen McVeigh for months before the bombing.
Defense Rests - After Marife Nichols’s testimony concludes, the defense rests. The Post observes: “The defense’s eight-day case was aimed at generating confusion among jurors by poking holes in the government’s scenario, with the specter of additional accomplices and a second Ryder truck. At times, it seemed like the defense was trying to put the mysterious suspect John Doe No. 2—who was never identified and never found—on trial, instead of Nichols.” Nichols does not testify in his own defense.
Prosecutors Rebut Testimonies - The prosecution offers a brief rebuttal to the testimonies of witnesses who say they saw the Ryder truck at Geary Park earlier than April 17. State park employee Kerry L. Kitchener testifies that in April 1995, he was conducting a fishing survey at the park, and he saw no Ryder truck on April 10, 11, 13, 16, or 17, dates when defense witnesses said they had seen such a truck there. He testifies that he was not at the park on April 18, when prosecutors say Nichols and McVeigh built the bomb there in a Ryder truck. [Washington Post, 12/12/1997; New York Times, 12/12/1997]
Entity Tags: Geary State Fishing Lake And Wildlife Area, Charles Farley, Washington Post, Elohim City, Carole Howe, Andreas Strassmeir, Terry Lynn Nichols, Robert Millar, Timothy James McVeigh, Patrick M. Ryan, Kerry L. Kitchener, Joan Millar, Marife Torres Nichols, Michael E. Tigar, James Nichols, New York Times, Peter Ward
Timeline Tags: US Domestic Terrorism
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