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Profile: J.D. Cash
J.D. Cash was a participant or observer in the following events:
Lady Godiva’s, a strip club in Tulsa. [Source: Douglas O. Linder]Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), in the company of two self-avowed white supremacists, Andreas Strassmeir and Michael Brescia of the white supremacist compound Elohim City, Oklahoma (see 1973 and After and April 5, 1995), allegedly goes to a strip club, Lady Godiva’s, in Tulsa, Oklahoma. While he is at the club, he tells one of the strippers, “I am a very smart man.” She responds, “You are?” and McVeigh replies: “Yes I am. And on April 19, 1995, you’ll remember me for the rest of your life” (see March 1995). A number of eyewitnesses will later place McVeigh in the strip club this evening. [Douglas O. Linder, 2001; Nicole Nichols, 2003] Brescia is a member of the Aryan Republican Army (ARA), a group with which McVeigh has some ties (see 1992 - 1995). Security cameras apparently record McVeigh’s conversation with the stripper. [Douglas O. Linder, 2006] The source of this story is private investigator J.D. Cash, who sometime after the bombing will launch his own investigation to prove that McVeigh acted as part of a much larger conspiracy (see June 30, 1997). Cash will produce a videotape taken from a security camera to prove his allegation, but the audio quality is poor; it will be difficult to discern whether the man in the tape says “April 19, 1995” or just “April 1995.” The dancer will insist that McVeigh is the man she spoke to, but the contention does not match with documented evidence of McVeigh’s movements; McVeigh was staying at the Imperial Motel in Kingman, Arizona, on March 31 (see March 31 - April 12, 1995) and on April 7, one day before his alleged appearance at the strip club, he paid for another five days at the motel. A maid at the Imperial will later tell investigators that she saw McVeigh every day during that time period, and that his blue Pontiac never left the parking lot. [Serrano, 1998, pp. 267]
According to reports by the Dallas Morning News, indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) has confessed to planning the bombing and detonating a bomb in front of the Murrah Federal Building. [Douglas O. Linder, 2001; Indianapolis Star, 2003] Reporter Pete Slover cites as his source “summaries of several 1995 interviews with a defense team member” [New York Times, 3/1/1997] , though he later admits in a court filing that he could not be sure the story was true before filing it. [Serrano, 1998, pp. 271] Researchers will later learn that McVeigh suspects his lead attorney Stephen Jones of leaking his purported confession to the press. The leak is later shown to be from a member of Jones’s staff, who gave a computer disk containing FBI reports to Slover, apparently unaware that the McVeigh “confession” was also on the disk. [Douglas O. Linder, 2006] However, this reported speculation is countered by an opinion advanced in 1998 by author Richard A. Serrano, who will write that the defense’s work to humanize McVeigh and “soften” his image (see June 26, 1995) “was blown apart” by the leaked information. [Serrano, 1998, pp. 271] The Morning News prints the article on its Web site seven hours before its next print edition can be published, and later cites a desire to match the immediacy of television and to ensure its exclusive isn’t “scooped” by a competitor. Editors worried before publication that McVeigh’s lawyers might leak the story in one fashion or another to another media outlet. [New York Times, 3/3/1997]
Details of Bombing Plot, Involvement by Co-Conspirator Nichols, Denials of Wider Conspiracy - According to documents obtained by the Morning News, McVeigh’s defense lawyers wrote that McVeigh told one of them that his bombing of the Murrah Federal Building during working hours would leave a “body count” that would make a statement to the federal government. McVeigh also named his friend, alleged co-conspirator Terry Nichols, as being intimately involved with the bomb plot (see August 10, 1995), but insisted he alone drove the Ryder truck containing the bomb that destroyed the Murrah Building. McVeigh also denied any involvement by Terry Nichols’s brother James Nichols (see December 22 or 23, 1988, May 11, 1995, and April 25, 1995). The Morning News describes the source of its reporting as summaries of several 1995 interviews with a member of the defense team’s staff, conducted between July and December 1995 at the El Reno Federal Corrections Center in Oklahoma, where McVeigh was held before his transfer to the Denver area in March 1996. The summaries, the Morning News says, validate much of the prosecution’s contention that McVeigh and Nichols committed robberies and burglary in the course of assembling money and materials for the bombing, even as it acknowledges that they could not be used by prosecutors in either man’s trial. One summary of a July 1995 interview has a staffer asking McVeigh if it would have been better to bomb the building at night when relatively few people would have been present. According to the staffer: “Mr. McVeigh looked directly into my eyes and told me: ‘That would not have gotten the point across to the government. We needed a body count to make our point.’” According to the documents, McVeigh and Nichols used significantly more ammonium nitrate than federal investigators have estimated—some 5,400 pounds as compared to federal estimates of 4,800 pounds—and about $3,000 worth of high-powered racing fuel to make a lethal explosive combination. “Mr. McVeigh states that 108 50-pound bags of ammonium nitrate fertilizer were mixed with the nitro fuel purchased by Terry Nichols,” one summary reads. The summaries also have McVeigh admitting to his involvement in a 1994 robbery carried out by Nichols and himself to fund the bombing plot (see November 5, 1994 and Before July 3, 1995). “Mr. McVeigh stated that he laid out the plan and that Terry Nichols alone broke into [gun dealer Roger] Moore’s house and stole the weapons,” one summary reads. The summary tallies closely with recent statements by McVeigh’s friend Michael Fortier, who pled guilty to helping transport the stolen weapons and is now helping the prosecution (see May 19, 1995 and August 8, 1995). Fortier has testified that he and McVeigh sold the weapons stolen from Moore in Arizona. McVeigh also detailed a burglary committed by himself and Nichols at a Kansas rock quarry (see October 3, 1994). He also gave information about a third burglary carried out by himself and Fortier of a National Guard armory (see February - July 1994), where they attempted to steal welding tools but only made off with hand tools. According to the summaries, McVeigh denied being part of a larger conspiracy, and said the bomb plot was conceived and executed by himself and Nichols. He called a witness who claimed knowledge of a Middle Eastern or Islamist connection (see February - July 1994) a “bullsh_t artist.” He also said that another conspiracy theory centered around right-wing activist Andreas Strassmeir is groundless (see January 23, 1993 - Early 1994 and April 20, 1995). [Dallas Morning News, 3/1/1997; Washington Post, 3/1/1997] Initially, McVeigh’s lead defense attorney Stephen Jones calls the documents “a hoax” and denies that McVeigh made any of those statements. The Dallas Morning News is trying to garner attention and subscriptions, Jones says, and implies that the Morning News’s source is “setting up” the paper: “They just bought the Brooklyn Bridge,” he says. The Morning News has informed Jones of the identity of the source that provided it with the documents. [Washington Post, 3/1/1997] “This is about the most irresponsible form of journalism,” Jones says. He says that after McVeigh learned of the story, his client said, “There’s a practical joker every week.” [New York Times, 3/1/1997]
Defense Alleges Press Stole Documents - The Morning News denies a subsequent defense allegation that Slover stole thousands of computerized documents belonging to McVeigh’s defense lawyers, documents Jones says were used in the Morning News’s reporting. Jones says the documents acknowledge McVeigh’s responsibility for the bombing, but do not constitute a confession. The Morning News, Jones says, got the documents “by fraud, deception, misrepresentation, and theft” involving the defense’s computer files. Attorney Paul Watler, speaking for the Morning News, “categorically denies it committed any crime,” and says the documents were obtained through “routine news-gathering techniques.” The Morning News “did not hack into Mr. Jones’ computer system, and it did not assist anyone else in doing so,” Watler says. Jones says the documents are not, as some reports say, notes of a defense staffer’s conversations with McVeigh; defense lawyers have previously alleged that they produced a “fake confession” designed to persuade a witness to talk to defense investigators. Jones says any such false confessions, if they exist, would not be used during McVeigh’s trial. Jones says he may ask Judge Richard Matsch to delay the trial for 90 days to allow for a “cooling-off period” and allow “people to move on.” Watler says Jones is using the allegations to cloud the trial proceedings. [Dallas Morning News, 3/4/1997; New York Times, 3/4/1997] Freelance journalist J.D. Cash, who writes for a far-right publication called The Jubilee and a small Oklahoma newspaper, the McCurtain Daily Gazette, denies reports that he is the source of the article. Cash says he is not “the intermediary who set up The Dallas Morning News,” but says he is familiar with the documents described in the newspaper’s accounts. The confession, Cash says, is “a mixture of fact and fantasy.”
Possible Negative Impact on Jury - Observers worry that the story may prejudice a potential jury. “It’s a worst-case scenario,” says legal studies professor Jeffrey Abramson. “At the witching hour, but before people have been isolated from pretrial publicity, you get explosive evidence, exactly the kind of thing that makes it very difficult for a defendant to think he hasn’t already been tried in the press.” Law professor Rita J. Simon says the article could make a fair trial very difficult. “The jurors will know there was some report about a confession,” she says. “I can’t imagine, no matter where you hold the trial, that the jurors will not hear about it. As soon as the trial gets under way, the story will come out afresh.” [New York Times, 3/2/1997]
Second Purported Confession - Days later, a second confession from McVeigh is reported, this time published by Playboy magazine. The article containing the purported confession is written by freelance reporter Ben Fenwick, and is apparently based on an internal summary of the case compiled by the McVeigh defense team (see Early 2005). Fenwick had obtained the document in 1996, he later says, and had kept it under wraps in the hopes of eventually writing a book about the case. He quickly wrote an article based on the document and sold it to Playboy after Slover’s article hit the press. According to Fenwick’s article, McVeigh says he detonated the bomb when he was a block away from the Murrah Building, and admitted to the bombing during a lie detector test administered by his lawyers. Other details in the article contradict physical evidence already presented in open court. Jones says: “These escalating reports of alleged statements by Mr. McVeigh are corrupting the heart of the jury system. The American ideals of justice are being held hostage to sensationalism.” Fenwick is soon hired by ABC News as a legal consultant, an arrangement that allows ABC to quote extensively from the article in a special broadcast aired shortly before the trial begins. Fenwick will later admit that he did not authenticate the document before using it. The document and the article will lead the FBI to discover McVeigh’s purchase of racing fuel from an Ennis, Texas, dealer (see October 21 or 22, 1994). [New York Times, 3/14/1997; New York Times, 3/18/1997; Serrano, 1998, pp. 271]
Entity Tags: Jeffrey Abramson, James Nichols, Terry Lynn Nichols, Andreas Strassmeir, Dallas Morning News, J.D. Cash, Ben Fenwick, Stephen Jones, Timothy James McVeigh, Rita J. Simon, Roger E. (“Bob”) Moore, Murrah Federal Building, Michael Joseph Fortier, Paul Watler, Playboy, Pete Slover, Richard P. Matsch, Richard A. Serrano
Timeline Tags: US Domestic Terrorism
A grand jury convenes to investigate allegations that a larger conspiracy surrounds the 1995 bombing of a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), perhaps involving a federal government cover-up. Militia member Timothy McVeigh was convicted (see June 2, 1997) and sentenced to death (see June 11-13, 1997) for carrying out the bombing; his alleged co-conspirator Terry Nichols awaits trial for his role in the bombing. State Representative Charles R. Key (R-Oklahoma City) and accountant Glenn Wilburn, who lost two grandsons in the blast, gathered 13,500 signatures on a petition to force the review. (Wilburn became involved when private investigator J.D. Cash began his own investigation, fueled by his belief that McVeigh either had no involvement in the bombing or was part of a larger conspiracy. Cash is a strong advocate of the “John Doe No. 2” theory, which states that the putative, never-identified Doe No. 2 suspect “proves” the existence of a wider conspiracy—see June 14, 1995 and January 29, 1997). Both Key and Wilburn allege that the federal government had prior knowledge of the bombing (see June 15, 1997); Key is involved with right-wing militia groups (see July 17, 1998). Twelve jurors are selected in less than three hours. Prosecutor Pat Morgan questions jurors about their backgrounds, their acquaintance with victims of the explosion, and their views of the case. Five jurors know someone killed or injured in the bombing, or someone who participated in the rescue. One prospective member, Ben Baker, says the grand jury is unnecessary: “Everybody I’ve talked to believes this is kind of a waste of time and taxpayers’ money. I believe the same thing.” Federal officials have long stated that they doubt anyone besides McVeigh and Nichols was involved in the bombing plot, though circumstantial evidence exists of white supremacist militia involvement on some level (see (April 1) - April 18, 1995). Oklahoma City District Attorney Robert Macy, who will advise the grand jury, has already promised to file state murder charges against both McVeigh and Nichols. Macy originally opposed the grand jury, but now says he hopes it will “find out what the truth was in the Oklahoma City bombing, if there is any additional evidence.” Oklahoma Attorney General Drew Edmondson calls the grand jury investigation a waste of time and taxpayer money. “The notion that it can learn something that the FBI was unable to learn, is, I think, ludicrous,” he says. “The witnesses that Mr. Key is talking about, we know who they are, we know what they have to say. That doesn’t get us any closer to knowing the truth of it, hearing them say it again.” The grand jury petition names seven witnesses who have said they saw at least one other person with McVeigh in Oklahoma City on the day of the bombing. None of those witnesses were called before the federal grand jury that indicted McVeigh and Nichols (see August 10, 1995). [Deseret News, 6/30/1997; New York Times, 7/1/1997; Serrano, 1998, pp. 266]
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