Profile: James Nichols
James Nichols was a participant or observer in the following events:
James Nichols, a Michigan farmer, anti-government white separatist, and the brother of Terry Nichols (see March 24, 1988 - Late 1990), formulates a plan to use a “megabomb” to destroy an Oklahoma City federal building; an unnamed FBI informant will later tell the FBI that James Nichols specifically indicates the Murrah Federal Building. Nichols, who says he is upset over the US’s “role” in the terrorist bombing of Pan Am Flight 103, shares the plan with the informant, who will swear to the information in 1995, after James’s brother Terry Nichols is arrested for helping destroy the Murrah Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “[James] Nichols… made a specific reference to a federal building in Oklahoma City and began looking through the toolshed and workbench for a newspaper clipping depicting the Oklahoma City building,” the informant will say, according to an FBI affidavit. Nichols is unable to find the newspaper clipping, the informant will say, and instead draws a diagram remarkably similar to the Murrah Building. Nichols “later located a newspaper article containing a reference to the Federal Building in Oklahoma City and showed it” to the informer, the affidavit says. The informer is a regular visitor to the Nichols farm. [New York Times, 6/13/1995; Nicole Nichols, 2003] James Nichols routinely stamps US currency with red ink in a protest against the government, and calls his neighbors “sheeple” for obeying authority “like livestock.” A neighbor, Dan Stomber, will recall Nichols criticizing him and others for using drivers’ licences and Social Security cards, and for voting and paying taxes. “He said we were all puppets and sheeple,” Stomber will tell a reporter. “That was the first time I ever heard that word.” Stomber will not recall Nichols discussing any plans to bomb any federal buildings. [New York Times, 4/24/1995] After the Oklahoma City bombing, a friend of Nichols, an Indiana seed dealer named Dave Shafer, will tell authorities that Nichols showed him a diagram of a building remarkably similar to the Murrah Building, still under construction at the time, and said that building would be an excellent target. Shafer will say that he thought Nichols was joking. [Serrano, 1998, pp. 110] It is possible that Shafer and the unnamed FBI informant are the same person. Five years ago, a group of white supremacists had conceived of a plan to destroy the Murrah Building (see 1983).
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).
White supremacist Timothy McVeigh (see March 24, 1988 - Late 1990 and November 1991 - Summer 1992) moves out of his father’s house in Pendleton, New York, and into a nearby apartment. During this time, he may have a brief affair with a married woman. Also, sometime during this period, he obtains a Ku Klux Klan membership card in Harrison, Arkansas, and drives to Michigan, where he meets his friend Terry Nichols’s brother James Nichols (see December 22 or 23, 1988). He begins receiving subscription copies of the white supremacist magazine The Spotlight. [PBS Frontline, 1/22/1996]
Television news footage of the Branch Davidian conflagration of April 19, 1993. [Source: Anu News (.com)]Many white separatists and right-wing militia members are aghast, appalled, and infuriated by the violent end to the Branch Davidian siege in Waco, Texas (see April 19, 1993). Two of those are future Oklahoma City bombers Terry Nichols and Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995); when McVeigh watches the flames devour the Davidian compound, he stands in Nichols’s living room and weeps. McVeigh has already visited the compound during the siege (see March 1993); in the following weeks, he revisits the scene, collecting pamphlets from the Davidians, taking photographs, and even taking samples of the charred wood left behind. McVeigh begins wearing, and selling at gun shows, caps that depict the BATF (Bureau of Alcohol, Tobacco and Firearms) logo with bullet holes in them (see August 26 - September 15, 1994). He sells flares that can be used as missiles. Moreover, he and Nichols soon begin practicing with explosives and agitating for violent assaults on government officials with local militia members (see October 12, 1993 - January 1994). McVeigh later tells interviewers: “I didn’t define the rules of engagement in this conflict. The rules, if not written down, are defined by the aggressor. It was brutal, no holds barred. Women and children were killed at Waco and Ruby Ridge (see August 31, 1992). You put back in [the government’s] faces exactly what they’re giving out.” McVeigh’s favorite magazine, Soldier of Fortune, later publishes articles calling the FBI and BATF “the Gestapo” and accusing the government of funneling illegal drugs into the country through the auspices of the DEA; McVeigh will read these articles, and other more overt anti-government publications that directly accuse the government of plotting to enact “new Wacos” throughout the country, with a new fervor. Another favorite is a videotape, “Waco: The Big Lie,” promoted by militia leader Linda Thompson (see April 3, 1993 and September 19, 1994), who accuses the government of deliberately plotting the deaths of everyone inside the Davidian compound and setting the compound afire by shooting flames at the building through a tank. McVeigh will later claim to have learned the “real truth” about the siege after meeting a former Davidian, Paul Fatta, on the gun show circuit (see Late 1992-Early 1993 and Late 1994). Nichols’s neighbor Phil Morawski will later recall of McVeigh: “He said he witnessed part of the siege at Waco and was very upset about it; the government overstepped its bounds. Waco is kind of like the battle cry for Tim and many others.” McVeigh’s friend Michael Fortier (see March 24, 1988 - Late 1990) will later recall discussing the Davidian debacle with McVeigh, saying, “We both concluded that the federal government had intentionally attacked those people and may not have intentionally started the fire, but they were certainly the cause of the fire and potentially murdered those people in Waco.” Fortier’s wife Lori will recall McVeigh’s position differently: according to her recollection, McVeigh believes that “the government murdered those people.” After the bombing, Dennis Mahon, the head of the Oklahoma cell of the White Aryan Resistance, will tell federal officials about McVeigh, whom he claims to have known under an alias: “I met Tim Tuttle, but I didn’t know he was alias Tim McVeigh. I met him at gun shows (see January 23, 1993 - Early 1994). He sold military stuff, knives, gun parts, camouflage uniforms.… And we talked about Waco. And I said: ‘What comes around goes around. If they keep doing this terrorism on our people, terrorism’s going to happen to them…’ He said: ‘Probably. Probably so.‘… Timothy McVeigh is my hero. Wish we had a thousand more like him. He took action.” Mahon will later be identified by one witness as the person driving the Ryder truck for McVeigh on the day of the Oklahoma City bombing (see April 15, 1995), though the identification is in doubt, and Mahon will not be charged for playing a part in the bombing. [Stickney, 1996, pp. 155, 159; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 76-78; Nicole Nichols, 2003; CNN, 12/17/2007] McVeigh will send videotapes about the Davidian tragedy, such as “Waco: The Big Lie,” to his friends, including his former coworker Carl Lebron (see November 1991 - Summer 1992), his former Army comrade Albert Warnement (see January - March 1991 and After), and his neighbors Richard and Lynn Drzyzga (see October 1990). Lebron considers the videotapes “nonsense,” and the Drzyzgas become concerned that McVeigh may actually believe the “nutty” “paranoia” of the information in them. McVeigh will also write a letter to his childhood friend Steve Hodge, breaking off their friendship because Hodge is not sufficiently enraged by the Davidian tragedy (see July 14, 1994). [Serrano, 1998, pp. 78] McVeigh is not the only one preaching active retribution for Waco. James Nichols, Terry’s older brother (see December 22 or 23, 1988), says they are planning to kill law enforcement officials. Paul Izydorek, a family friend, will later tell a CNN reporter: “Evidently, James had told [Izydorek’s son] one or two times about how they were going to kill cops and judges and, you know, really clean house on all the local government. I didn’t take it serious but I guess maybe that’s what the heck they was really talking about, maybe they was a lot more serious, you know, than I realized.” [Stickney, 1996, pp. 156]
Entity Tags: Philip Morawski, Richard Drzyzga, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Timothy James McVeigh, Paul Gordon Fatta, Terry Lynn Nichols, Michael Joseph Fortier, Steve Hodge, Lori Fortier, Branch Davidians, Lynn Drzyzga, Albert Warnement, Carl Edward Lebron Jr, Paul Izydorek, Dennis Mahon, James Nichols, Linda Thompson, Federal Bureau of Investigation
Timeline Tags: US Domestic Terrorism, 1993 Branch Davidian Crisis
Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992, May-September 1993 and 8:35 a.m. - 9:02 a.m. April 19, 1995) again goes to Michigan to join his Army buddy and future co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, and April 2, 1992 and After). He stays with Nichols for several months, living on a farm in Decker, Michigan, owned by Nichols’s brother James Nichols (see December 22 or 23, 1988) and helping with the harvest. The two also drive around the country, buying and selling items at gun shows. Enraged by the debacle in Waco (see April 19, 1993), McVeigh and Nichols begin experimenting with explosives on James Nichols’s farm, meeting with members of the nascent Michigan Militia (see April 1994), and proposing to launch violent attacks on judges, lawyers, and police officers (see April 19, 1993 and After). McVeigh and Nichols find the militiamen too inactive for their taste. (Michigan Militia spokesmen will later claim that they ejected Nichols and his brother James from their group for their “hyperbolic language”; after the bombing, militia leader Norm Olson will say, “These people were told to leave because of that type of talk of destruction and harm and terrorism.”) Inspired by the novel The Turner Diaries (see 1978), McVeigh and Nichols form their own small “cell” (see February 1992), calling themselves the “Patriots.” (Some neighbors will later say that McVeigh and Nichols were not necessarily building “practice bombs” for later use, but merely amusing themselves—“mixtures of mainly household chemicals”—to relieve the boredom of farm work.) In October, they drive to Elohim City, a white supremacist compound in eastern Oklahoma (see 1973 and After), where they meet with at least one member of the Aryan Republican Army (see 1992 - 1995). A speeding ticket from December 1993 shows McVeigh makes multiple visits to the compound. During this time, Nichols and McVeigh go to a gun show in Arkansas, and briefly consider buying a house there, but instead they return to Michigan. Neighbors later recall that McVeigh and Nichols go to several meetings of the Michigan Militia (see January 1995). McVeigh begins using the alias “Tim Tuttle,” and begins buying nitromethane, a key ingredient in explosives, at hobby shops (see December 1993). [New York Times, 4/24/1995; New York Times, 5/4/1995; New York Times, 5/28/1995; Stickney, 1996, pp. 159; Douglas O. Linder, 2001; Nicole Nichols, 2003] During this time, McVeigh acquires a Michigan driver’s license. [New York Times, 4/23/1995] After the bombing, Elohim City leader Robert Millar will deny having any knowledge of McVeigh (see April 1993 and May 24, 1995).
White supremacist and anti-government separatist Timothy McVeigh, having left the Army after being refused a position in Special Forces, moves in with his old Army friend Terry Nichols (see March 24, 1988 - Late 1990) and Nichols’s wife, a mail-order bride from the Phillippines. Enraged by the debacle in Waco (see April 19, 1993), McVeigh and Nichols begin experimenting with explosives on brother James Nichols’s farm in Decker, Michigan, meeting with members of the nascent Michigan Militia (see April 1994), and proposing to launch violent attacks on judges, lawyers, and police officers. McVeigh and Nichols find the militiamen too inactive for their taste, and, in part inspired by the novel The Turner Diaries (see 1978), form their own small “cell” (see February 1992), calling themselves the “Patriots.” [Nicole Nichols, 2003] Both McVeigh and Nichols will later be convicted of blowing up an Oklahoma City federal building (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Timothy McVeigh (see November 1991 - Summer 1992, February - July 1994, September 13, 1994 and After, and September 12, 1994 and After), plotting to blow up a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), sends a letter to his Army buddy Michael Fortier (see February - July 1994). He tells Fortier that he and his friend Terry Nichols (see October 12, 1993 - January 1994) plan to take “some type of positive offensive action” against the government. [Washington Post, 12/24/1997] Fortier will later say that a week after receiving the letter, McVeigh tells him what sort of “positive action” he means. Fortier will say, “He told me that him and Terry were thinking of blowing up a building.” [Serrano, 1998, pp. 79] Subsequent analysis by FBI behavioral analyst Jack Douglas will indicate that part of McVeigh’s impetus for deciding on “positive action” is the signing of a crime bill into law that bans the ownership and distribution of 19 types of assault weapons (see September 13, 1994). [New York Times, 12/31/1995] It is around this time that Terry Nichols’s brother James (see December 22 or 23, 1988) tells McVeigh and his brother that they are heading down the wrong path with their paramilitary actions. According to neighbor Philip Morawski, “[James] believed that there were other ways of bringing about change.” [People, 5/8/1995]
Kevin Nicholas, a farmhand in Vassar, Michigan, receives a phone call from his friend Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995). McVeigh is en route to Nicholas’s home to stay with him. From a truck stop in Saginaw, Michigan, McVeigh calls Nicholas and asks him to drive out to a Speedway service station near I-75. He needs a ride to Nicholas’s house because he has had an accident with his car; on his way back from Kansas (see December 16, 1994 and After), he was rear-ended, and just managed to get his damaged car to the truck stop. When Nicholas arrives, he helps McVeigh load belongings into his car, including two Christmas packages. McVeigh tells Nicholas to leave the packages alone. According to later statements by Nicholas: “I was just grabbing stuff, and just throwing it in the back of my truck, and Tim said: ‘Don’t handle them. I’ll take care of them two Christmas-wrapped packages there,’ because I was just tossing his other stuff in, you know, was in a hurry, wanted to get home.” Nicholas asks McVeigh what is in the packages and, according to Nicholas, McVeigh replies, “I’ll tell you later.” The two manage to pry the bumper of McVeigh’s car far enough to allow McVeigh to follow Nicholas to his home. McVeigh stores the packages in a shed near Nicholas’s house, and later takes them to Chicago, on a trip to visit David Paulsen, a gun and military surplus dealer. After the Chicago trip, according to Nicholas, McVeigh will tell him that the packages contained blasting caps that he had gotten “dirt cheap” (see October 3, 1994), though author Richard A. Serrano will later write that McVeigh told Nicholas about the “caps” later that same evening. Multiple sources agree that McVeigh never tells Nicholas that he is planning on using the caps to detonate a bomb in Oklahoma City. [PBS Frontline, 1/22/1996; New York Times, 5/9/1997; Serrano, 1998, pp. 107-109] The blasting caps in the packages were wrapped by McVeigh’s friend Lori Fortier (see December 16, 1994 and After). McVeigh is thankful that the blasting caps did not explode when his car was hit. He later buys an old blue Pontiac station wagon from James Nichols, the brother of his co-conspirator Terry Nichols (see December 22 or 23, 1988 and January 1 - January 8, 1995). [Serrano, 1998, pp. 107-109]
Timothy McVeigh, planning to bomb a federal building in Oklahoma City (see September 13, 1994 and 8:35 a.m. - 9:02 a.m. April 19, 1995) and currently staying with a friend, Kevin Nicholas, in Michigan (see December 18, 1994), goes to a gun show in Grand Rapids, Michigan, with Nicholas. Before going to the show, McVeigh buys a Pontiac station wagon from James Nichols, the brother of his fellow conspirator Terry Nichols (see October 12, 1993 - January 1994), to use in place of his damaged Chevrolet Spectrum. On January 8, McVeigh tells his father he is driving to Utah (see January 1995), but later tells his father he went to Arizona instead of Utah. [PBS Frontline, 1/22/1996]
Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) writes a letter that says his mind-set has shifted from “intellectual” to “animal,” and implies that he is part of a larger anti-government network that shares his extremist views. The letter is written to Gwenn Strider of Caro, Michigan, the aunt of McVeigh’s friend Kevin Nicholas (see December 18, 1994), a factory worker from Vassar, Michigan. McVeigh has dropped Strider occasional letters over the last two years, mostly chatty notes. This letter is quite different. He tells her he is currently living in the desert (see January 31 - February 12, 1995) and says that his days of distributing anti-government pamphlets is over: “I was preaching and ‘passing out,’ before anyone had ever heard the words ‘patriot’ and ‘militia.’ ‘Onward and upward,’ I passed on that legacy about a half year ago. I believe the ‘new blood’ needs to start somewhere; and I have certain other ‘militant’ talents that are short in supply and greatly demanded. So I gave my informational paperwork to the ‘new guys,’ and no longer have any to give. What I can send you is my own personal copies, ones that are just gathering dust, and a newsletter I recently received.” He says he can forward her name to some of his friends if she is interested in their beliefs and activities, but warns her that such contacts might be dangerous, as the government is closely monitoring them and their organizations. “Hey, that’s just the truth, and if we’re scared away from writing the truth because we’re afraid of winding up on a list, then we’ve lost already.” He compares himself to the colonial revolutionaries of the Revolutionary War, saying that like them, he intends to free America from the tyranny of its government. Later in the letter, he writes, “Most of the people sent my way these days are of the direct-action type, and my whole mindset has shifted, from intellectual to—animal. (Rip the b_stards heads off [sic] and sh_t down their necks! and I’ll show you how with a simple pocket knife… etc.)” McVeigh signs the letter, “Seeya, The Desert Rat.” Strider’s nephew Nicholas met McVeigh in 1992, when he worked as a farmhand for James Nichols, the brother of McVeigh’s fellow bombing conspirator, Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995). According to Nicholas, who will testify against McVeigh, McVeigh stayed with him as an occasional houseguest in Vassar (see December 18, 1994), and the two went together to some area gun shows (see January 1 - January 8, 1995). [New York Times, 5/9/1997]
Oklahoma Highway Patrolman Charles Hanger. [Source: The Oklahoman]Timothy McVeigh, who has just detonated a massive fertilizer bomb that has devasted the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), gets into his Mercury Marquis getaway car (see April 13, 1995) and flees north out of the city (see 9:02 a.m. and After, April 19, 1995). At 10:17 a.m., while driving north on I-35 outside of Billings, Oklahoma, about 60 miles north of Oklahoma City, McVeigh is stopped for having no license plates on his vehicle by Oklahoma Highway Patrolman Charles Hanger, a trooper nicknamed “The Hangman” for his zeal in pursuing violators. According to later testimony, there is a radio blackout in force because of the bombing, allowing police to keep the airwaves clear. Hanger had been ordered to go to Oklahoma City, but then had those orders countermanded and was told to resume his duties.
Roadside Stop - Hanger stops McVeigh’s car and calls his office on a cellphone to check the car, but forgets to activate his dashboard camera, so no video record of the arrest is made. Hanger later says he was apprehensive because another trooper had been shot on the same highway two weeks earlier. McVeigh, cooperating with Hanger’s directions, exits the vehicle and begins walking towards Hanger, hands empty. “I stopped you because you weren’t displaying a tag,” Hanger says. McVeigh looks at the rear of his car, clearly unaware that he lacks a license plate. He says he has not had the car long and that is why he lacks a plate. Hanger asks to see a bill of sale, and McVeigh tells him the paperwork is still being drawn up. Hanger does not believe this statement, and asks to see McVeigh’s driver’s license. McVeigh reaches into his back pocket and takes out a camouflage-colored billfold. As he does so, Hanger notices a bulge under McVeigh’s windbreaker. Hanger asks McVeigh to pull open his windbreaker. McVeigh says calmly, “I have a gun.” Hanger orders, “Get your hands up and turn around.” McVeigh complies. Hanger puts the muzzle of his gun to the back of McVeigh’s head. He orders McVeigh to walk to the back of his car. “My weapon is loaded,” McVeigh says. “So is mine,” Hanger replies. He then tells McVeigh to place his hands flat on the trunk of the Mercury and spread his legs. McVeigh complies. Hanger removes the pistol from McVeigh’s shoulder holster and tosses it onto the shoulder of the road, well out of McVeigh’s reach. McVeigh tells Hanger he has another ammunition clip on his belt, and Hanger removes this as well. “I also have a knife,” McVeigh says. Hanger removes the blade from a brown leather sheath and throws it to the roadway. “Why the loaded firearm?” Hanger asks. “I have a right to carry it for protection,” McVeigh replies. Hanger handcuffs McVeigh, walks him to his squad car, and puts him in the front passenger seat, belting him in. He then goes back to pick up the gun, the ammunition clip, and the knife. McVeigh, at Hanger’s request, recites the serial number of the Glock. Hanger comments, “Most wouldn’t know the serial number on their weapon,” and McVeigh replies, “I do.”
Arrest and Booking - The dispatcher reports over the radio that Timothy James McVeigh has no outstanding warrants, and there is nothing in the system on the Mercury or on McVeigh’s pistol. Hanger arrests McVeigh for having no vehicle registration, no license plates, and carrying a concealed weapon—a loaded 9mm Glock semiautomatic pistol (see August 16, 1991). According to prosecutors and Hanger’s own recollections, McVeigh is very polite and cooperative with Hanger, answering questions, “yes sir,” and “no sir,” and saying he has served in the military and as a security guard. “No, sir, I did not intend to break your laws,” he tells Hanger. “I just carry the gun for protection.” Hanger later says he interviews McVeigh in the car, but will say: “I didn’t take any notes. It was just friendly chit-chat.” McVeigh tells Hanger that he just bought the car from a Firestone dealership in Junction City. Hanger has his dispatcher call for information on the car. Hanger searches the Mercury, finding nothing of immediate interest, but when he walks back to his car, he notices McVeigh fidgeting in his seat (see April 21, 1995). Hanger asks if McVeigh wants his car towed into town (at his own expense) or left on the road; McVeigh tells him to leave it where it is. Hanger locks the car and drives McVeigh to Perry, Oklahoma. During the trip, McVeigh asks Hanger again and again when he can get his gun back. Sometime around 11:00 a.m., McVeigh is booked and lodged in the county jail in the Noble County Courthouse in Perry. He is given prisoner number 95-057, photographed, and fingerprinted. Except for one brief demand to know when he will go to court, courthouse officials remember McVeigh as polite and soft-spoken. Hanger has no idea who he has caught; he takes his wife to lunch before turning in the gun and ammunition he confiscated from McVeigh. [Washington Post, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; PBS Frontline, 1/22/1996; New York Times, 4/29/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 176-180; Douglas O. Linder, 2001; Indianapolis Star, 2003; Fox News, 4/13/2005; University of Missouri-Kansas City School of Law, 2006] McVeigh has a permit to carry the gun, but is in violation of the law because he is carrying it concealed, and because he has another weapon, the knife, also on his person. [New York Times, 4/23/1995] Later, Assistant District Attorney Mark Gibson says that Hanger, suspicious by nature anyway, had trouble with McVeigh’s story. “Particularly with his story that he was always on the road, he just didn’t believe,” Gibson will say. “And when he grabbed his gun and there was no reaction, no shock, that didn’t seem right, either. Neither did his story. Charlie said, ‘If you were in the military, when were you a security guard?’ and he said when he was on vacation. So things didn’t really jibe.” [New York Times, 4/23/1995] McVeigh’s gun is later found to be loaded with at least one Black Talon “cop-killer” bullet capable of penetrating body armor. [New York Times, 4/22/1995; New York Times, 4/22/1995; Serrano, 1998, pp. 177] Pat Livingston, a pawn shop owner in Ogden, Kansas, will recall selling McVeigh’s friend Terry Nichols two Glock semiautomatic pistols in February 1995. He also recalls selling McVeigh a similar Glock in 1991, and a Tec-9 assault pistol in 1993 (see February - July 1994). Livingston later says he remembers McVeigh well: “I knew that name as soon as I saw it on TV. That guy McVeigh, he wrote me a hot check for the Tec-9 in 1993.” [New York Times, 4/23/1995; PBS Frontline, 1/22/1996] Author Richard A. Serrano will later report that the pistol McVeigh is carrying is a .45-caliber Glock military assault pistol, Model 2.1. [Serrano, 1998, pp. 177] Left in McVeigh’s car are a blue baseball cap and a legal-sized envelope, sealed and stuffed with documents and clippings. Some of the documents include an excerpt from the racially inflammatory novel The Turner Diaries (see 1978), quotes from Revolutionary War figures, and newspaer clippings. [New York Times, 4/29/1997]
False Driver's License Leads to Clues - Though he presents a false driver’s license, in the name of “Robert Kling” (see Mid-March, 1995 and April 15, 1995), McVeigh gives his home address as 3616 Van Dyke Street, Decker, Michigan. The address is the farm of James Nichols, the brother of Terry Nichols (see December 22 or 23, 1988). This information leads federal agents to both the Nichols brothers (see 3:15 p.m. and After, April 21-22, 1995) and later to McVeigh himself as a suspect in the bombing. [Washington Post, 4/22/1995; New York Times, 6/3/1997] McVeigh lists James Nichols as his “next of kin.” [New York Times, 4/23/1995] Some versions of events have McVeigh destroying the Kling driver’s license (see 3:00 - 5:00 p.m. April 17, 1995), giving Hanger his real license, and citing the Decker, Michigan, address as an emergency contact. [Serrano, 1998, pp. 178-180] McVeigh empties his pockets at the jail: the contents include $650, four rounds of ammunition, his billfold, keys, yellow coins, a roll of antacids, and a set of earplugs, which will later be tested for explosive residue. [Stickney, 1996, pp. 191; Serrano, 1998, pp. 181]
Oddities - Later, the FBI speculates that the Arizona license plate, bearing the number LZC646, the Mercury once bore fell off sometime between the time McVeigh bought the car and the time Hanger pulled him over. It is also possible, the FBI will say, that McVeigh or his accomplice moved the license plate to another car after the bombing (see April 29, 1995). The license plate was originally registered on February 1, 1995 to a 1983 Pontiac station wagon owned by McVeigh (see January 1 - January 8, 1995), who then gave a mail drop in Kingman, Arizona (see February - July 1994), as his address. Press reports later claim that McVeigh traded the Pontiac and $250 in cash for the Mercury, and put the Pontiac’s license plate on the Mercury (a later press report states that McVeigh may have forgotten to transfer the Pontiac’s license plate to the Mercury—see May 16, 1995). A statement by the Anti-Defamation League (ADL) says the Kingman mail drop address was used by a “T. Tuttle” (see October 12, 1993 - January 1994 and December 1993) in 1993 to advertise a “LAW launcher replica,” which the advertisement said fired “37 mm flares,” for sale in The Spotlight, a publication of the anti-Semitic Liberty Lobby. A LAW is a “light anti-tank weapon.” [New York Times, 4/27/1995]
Entity Tags: Mark Gibson, James Nichols, Charles Hanger, Federal Bureau of Investigation, Timothy James McVeigh, Richard A. Serrano, Pat Livingston, Noble County Courthouse (Perry, Oklahoma), Anti-Defamation League, Terry Lynn Nichols
Timeline Tags: US Domestic Terrorism
Federal authorities investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) find the address left on suspect Timothy McVeigh’s recent hotel registration (see April 13, 1995 and 3:30 a.m. April 18, 1995). The address is of the family farm owned by James Nichols, the brother of McVeigh’s co-conspirator Terry Nichols. Late in the evening of April 20, FBI investigators speak with two detectives from Sanilac County, Michigan, David Hall and Paul Cowley. Hall and Cowley had gathered information about bombing experiments that had taken place on a farm belonging to James Nichols (see December 22 or 23, 1988 and October 12, 1993 - January 1994). By 9 a.m. on April 21, Hall and Cowley facilitate an interview between the investigators and Kelly Langenburg, James Nichols’s ex-wife. By this time, Langenburg has spoken with her son Chase and gathered more information for the investigators. After speaking with the investigators, the agents tell local police officers that “[t]his is the best information we’ve received so far, and we’re going to run with [James Nichols].” Langenburg also tells the agents that Terry Nichols had been married to her sister, Lana Padilla (see March 24, 1988 - Late 1990 and November 1988). Agents then contact Padilla in Las Vegas, and on April 21, teams of agents interview her and her son Joshua, Nichols’s son. She confirms that she has spoken to Nichols earlier this day, and gives the FBI his address in Herington, Kansas (see (February 20, 1995)). She says that Nichols is “an associate” of McVeigh’s. At this point, the FBI considers James Nichols a more likely suspect for a co-conspirator than Terry Nichols. [New York Times, 6/27/1996; Serrano, 1998, pp. 200]
Federal authorities publicly identify Timothy McVeigh, the accused Oklahoma City bomber (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), as a member of the Michigan Militia (see October 12, 1993 - January 1994, April 1994, and January 1995), and say the Nichols brothers, his suspected co-conspirators, are also affiliated with the organization (see 3:15 p.m. and After, April 21-22, 1995). After McVeigh’s arrest, authorities discover residues of ammonium nitrate and high explosives in his car. They also find political documents and a note from 18th-century philosopher John Locke citing his “right” to kill “political oppressors.” The package includes a copy of the Declaration of Independence, material on the 1993 Branch Davidian assault (see April 19, 1993 and April 19, 1993 and After), material on Revolutionary War battles, an anti-government leaflet, and quotations from political philosophers. Included in the documents are copied passages from the overtly racist novel The Turner Diaries (see 1978 and April 21, 1995). Later examination of the copied pages show that the pages describe the bombing of FBI headquarters that, in the novel, touches off a white “Aryan” revolution and the subsequent slaughter of blacks and Jews. The Turner Diaries passage contains the following quote: “The real value of our attacks today lies in the psychological impact, not in the immediate casualties. For one thing, our efforts against the System gained immeasurably in credibility. More important, though, is what we taught the politicians and the bureaucrats. They learned today that not one of them is beyond our reach. They can huddle behind barbed wire and tanks in the city, or they can hide behind the concrete walls and alarm systems of their country estates, but we can still find them and kill them.” Another document in the car contains a quote from Revolutionary War leader Samuel Adams that reads: “When the government fears the people, there is liberty. When the people fear the government, there is tyranny.” Underneath, in McVeigh’s handwriting, is an additional note: “Maybe now, there will be liberty.” [Washington Post, 4/22/1995; Mickolus and Simmons, 6/1997, pp. 809; New York Times, 6/3/1997; Anti-Defamation League, 2005]
James Nichols, the older brother of accused Oklahoma City bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995), is taken into FBI custody as a material witness. The FBI lacks evidence to immediately arrest James Nichols, but considers him a strong possibility of being a conspirator in the bombing plot (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20-21, 1995). Shortly after the bombing, as James Nichols will later recall, FBI agents descended on his home town of Decker, Michigan, drawn there by the address given by suspected bomber Timothy McVeigh (see April 21, 1995) to a Kansas motel just days before the bombing. The address is that of Nichols’s family farm, where McVeigh has stayed frequently in the past (see April 20-21, 1995). At first, Nichols hears rumors of an “FBI raid” on Decker, and finds them hilariously “far-fetched.” He will later tell a reporter: “Decker? The Oklahoma City bombing? I mean, everyone knows that’s the kind of thing a terrorist or an intelligence agent would do in a foreign country, not something a hick from Podunk, USA would do to his fellow citizens, his own countrymen. Not a chance!” Nichols runs some errands in town, including putting down a $2,000 deposit on a tractor engine he is having rebuilt, when he drives into a roadblock put up by local police officers. He can see federal agents on his farm from the road, and identifies himself to a police officer. [Jerusalem Post, 4/23/1995; Serrano, 1998, pp. 232]
Taken into Custody - Nichols will later recall: “The government agents surrounding my farm possessed enough firepower to easily defeat a small planet. As I approached my driveway, an ATF (Bureau of Alcohol, Tobacco and Firearms, also called BATF) agent who mistakenly thought he was in a ninja movie—I could tell by the way he was dressed and by the way he acted—jumped in my car and ordered me not to move, while pointing an assault rifle at my face in a nervy menacing manner. This guy seemed to be a recruit from the KGB or Gestapo or something, and was obviously a loose cannon who was also a few bricks short of a full load—a prerequisite for any adult who wants to dress and act like a Ninja turtle.” The federal agents who arrived at Nichols’s farm had come dressed in SWAT outfits. Nichols will go on to talk about the “cold eyes of a fanatic” over “the barrel of a fully automatic assault rifle” trained on him as the agent steers him onto his property. “Does this guy want to take it out on me because he wasn’t fortunate enough to be involved in the turkey shoots at Waco (see August 31, 1992 and August 21-31, 1992) and Ruby Ridge (see April 19, 1993 and April 19, 1993 and After)?” Nichols will later recall wondering. Nichols is taken into custody and held on unrelated charges of conspiring with his brother and McVeigh to make explosive devices (see April 25, 1995), keeping him in a local prison.
Admits to Making Small Bombs on Farm - Nichols tells the agents that over the past few years, he has seen his brother and McVeigh make and detonate “bottle bombs” using brake fluid, gasoline, and diesel fuel. Sometimes he joined in with the bomb-making, he admits, but says the explosive devices were extremely small. He admits that McVeigh has stayed at the farm before, and says he believes “McVeigh had the knowledge to manufacture a bomb.”
Witnesses Add Details - A neighbor, Dan Stromber, tells agents that he had seen the Nichols brothers make explosive devices by mixing fertilizer, peroxide, and bleach in plastic soda bottles. “We’re getting better at it,” he recalls James Nichols saying to him. Stromber also says the brothers were angry and resentful over the sieges at Ruby Ridge, Idaho, and Waco, Texas, the same incidents to which James Nichols will later refer. “The judges and President Clinton should be killed” because of the incidents, Stromber recalls James Nichols saying. “The FBI and the ATF are to blame for killing the Branch Davidians at Waco.” Stromber also recalls a young man named Tim staying on the farm in 1994 (see October 12, 1993 - January 1994), and recalls him always wearing “camouflage clothing” and carrying “a pistol” with him. A second neighbor, Paul Izydorek, recalls the man’s last name as “McVeigh,” and recalls him taking part in the bomb experiments. A confidential source informs the FBI of two men’s attempts to buy liquid nitro model airplane fuel and 200 ziplock bags from a hobby store in Marlette, Michigan, one using the name “Tim Tuttle,” an alias used by McVeigh (see December 1993). And Indiana seed dealer Dan Shafer tells investigators about the 1988 incident where James Nichols drew a picture of a building remarkably similar to the Murrah Federal Building in Oklahoma City and talked about bombing it (see December 22 or 23, 1988).
Searching the Farm - Agents hold Nichols in custody for days, trying to determine what, if any, involvement he had in the bombing. They search his farm, and find large tanks of diesel fuel, 28 50-pound bags of ammonium nitrate fertilizer similar to that used in the Oklahoma City bombing, and, in a field by an outbuilding, find jagged-edged shards of metal that appear to be bomb shrapnel. In the farmhouse they find copies of far-right white supremacist magazines such as The Spotlight, a paper envelope with a document quoting Adolf Hitler, 28 blasting caps, a safety fuse, and a manual telling how to clear fields and ditches with dynamite. Videotapes alleging sinister government conspiracies at Ruby Ridge and Waco lie atop Nichols’s television set; copies of pamphlets written by Davidian leader David Koresh and photographs from the Waco siege lie on the floor. Discarded envelopes addressed to James Nichols from “T. Tuttle” lie nearby. [Serrano, 1998, pp. 232-235]
Entity Tags: Murrah Federal Building, Dan Shafer, Dan Stromber, James Nichols, Timothy James McVeigh, Terry Lynn Nichols, Paul Izydorek, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation
Timeline Tags: US Domestic Terrorism
White separatist Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), learning that the federal authorities have connected him to the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), decides to turn himself in to local authorities in Herington, Kansas (see (February 20, 1995)). [Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Drives to Police Station - It is unclear if Nichols knows that his ex-sister in law has cooperated with authorities (see April 20-21, 1995). He suspects that he is being watched, but does not realize that a team of three FBI agents from the mobile command post at Fort Riley is surveilling him, a single-engine FBI airplane is circling overhead, and a larger surveillance team is en route. The first agent to arrive is Stephen E. Smith, who learns little about Nichols from Police Chief Dale Kuhn except that the address they have for him in Herington is accurate. Smith then meets two other agents from the command post and they drive to Nichols’s home on Second Street. Nichols, who is listening to radio reports about the investigation, picks up a broken fuel meter from his garage, tells his wife Marife (see July - December 1990) he is going to “do something about” the meter, gives her $200, and loads her and their young daughter Nicole into his truck. Unbeknownst to Nichols, he and the family are being followed by Smith and the two agents, who saw him pulling out of his driveway. (At this moment, the FBI is more interested in Nichols’s brother James—see April 20-21, 1995. Smith’s primary assignment is to compile background information on James Nichols.) When a second car joins Smith’s car in tailing Nichols, he realizes he is being followed. Nichols waves at the cars. He then turns into the driveway of the local Surplus City store, steps out, then thinks better of it and re-enters his truck. Instead, he goes to the Herington Public Safety Building, which houses the local police station. He tells Marife that if agents ask her about his whereabouts on Easter Sunday (see April 16-17, 1995), she should tell them that he went to Oklahoma City, not Omaha as he had told her that day. The two FBI cars pull into the building parking lot close behind. [New York Times, 7/2/1996; Serrano, 1998, pp. 200-202]
'I Want to Talk to Somebody' - At 3:05 p.m., Nichols walks into the police station with his wife and their young daughter Nicole. Nichols is carrying his daughter in his arms; the FBI agents assume incorrectly that he intends to use her as a shield for possible gunfire. Marife Nichols will later describe her husband as “scared [and] anxious to know what’s going on.” According to Assistant Chief Barry W. Thacker: “He said: ‘My name is Terry L. Nichols. I just seen my name on television. I want to talk to somebody.’ I said: ‘Come on in. I think I can find somebody for you to talk to.’” Nichols, seemingly angry and agitated, says: “I’m supposed to be armed and dangerous. Search me.” Marife Nichols takes Nicole from her husband, and he removes his green jacket while Kuhn attempts to calm him. Outside, Smith and the other agents huddle together in the parking lot, worrying that Nichols may be attempting to take hostages in the police station. They call their supervisors in Kansas City; meanwhile, Kuhn reassures them that Nichols is not being belligerent. Shortly thereafter, Smith and the other agents enter the station. Nichols demands of them, “Why was my name on radio and television?” Smith explains they want to talk to him because he “is an associate of Timothy McVeigh.” The agents, along with some of the local constabulary, take Nichols to the basement and begin a lengthy interrogation session, led by Smith and fellow agent Scott Crabtree. Kuhn will testify that his officers tell Nichols three times that he is free to leave if he chooses. Instead, Nichols chooses to stay, telling one officer that “he was afraid to leave” and return to his home. From Washington, lead FBI counsel Howard Shapiro advises the agents to keep Nichols talking. [New York Times, 4/24/1995; New York Times, 7/2/1996; Serrano, 1998, pp. 202-203] FBI agents will interrogate Nichols and his wife Marife for nine hours (see 3:15 p.m. and After, April 21-22, 1995) and search Nichols’s property (see Evening, April 21, 1995 and After).
Entity Tags: Howard Shapiro, Dale Kuhn, Barry W. Thacker, Herington Public Safety Building (Kansas), Federal Bureau of Investigation, Timothy James McVeigh, Stephen E. Smith, Terry Lynn Nichols, Scott Crabtree, Nicole Nichols, James Nichols, Marife Torres Nichols
Timeline Tags: US Domestic Terrorism
Oklahoma City bombing conspirator Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), having turned himself into the local police in Herington, Kansas (see 2:00 p.m. and After, April 21, 1995), is interrogated for nine hours by federal authorities and consents to have his home and truck searched (see Evening, April 21, 1995 and After). [Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Nine-Hour Interrogation, No Recording Made - Starting around 3:15 p.m., FBI agents interrogate Nichols for over nine hours. Nichols agrees to speak without a lawyer present. The agents do not record the interview, instead making handwritten notes on it. Preliminary questions include verification of his Social Security number (which he says he never uses because he does not believe in having a federal government number; he also says he does not pay federal taxes (see March 16, 1994)) and his job (self-employed dealer of military surplus). They then ask him when he heard that he might have been involved in the bombing. Nichols says he only heard of his alleged involvement earlier in the day. He says he knew bombing suspect Timothy McVeigh during their stint in the Army (see March 24, 1988 - Late 1990). He says that he saw the sketches of the two bombing suspects (see April 20, 1995), but does not believe the sketch of “No. 1” looks like McVeigh. He explains that once he heard about his being a suspect, he decided to go directly to the local police instead of federal agents, because “I didn’t want another Waco” (see April 19, 1993 and April 19, 1993 and After). Apparently Nichols means he did not want to become involved in an armed standoff with police and FBI agents. He says he realized he was being followed when he pulled into the Surplus City parking lot, and came directly to the police station. Agents Stephen E. Smith and Scott Crabtree then begin asking him about his brother James, and he gives some information about his earlier life in Decker on his brother’s farm, and notes that McVeigh had lived with them for a time (see Summer 1992 and October 12, 1993 - January 1994). At this point, around 3:30 p.m., the agents inform him that he is not a suspect, but a witness. Nevertheless they ask him to read aloud a form titled “Interrogation; Advice of Rights,” that sets forth his rights to have a lawyer present or to remain silent. He refuses to sign the form. Smith will later testify, “He said the word ‘interrogation’ sounded like the Nazis.” The US Attorney for Kansas, Randall K. Rathbun, tells reporters, “He refused to sign the form, indicating that since it dealt with interrogation, he said that was a word that reminded him of Nazi Germany and he refused to sign the form dealing with his rights.” From Washington, lead FBI counsel Howard Shapiro advises the agents that they need to secure Nichols’s oral acknowledgment that he is waiving his rights to legal representation, and advise him again that he is free to go. Shapiro adds that if Nichols does leave, the agents should follow him and arrest him once a warrant for his detention as a material witness is available. Nichols waives his rights to a lawyer and agrees to continue speaking. Shapiro advises the agents not to tell Nichols about the warrant for his arrest being prepared, as it may discourage him from talking. [New York Times, 5/11/1995; New York Times, 7/2/1996; Denver Post, 12/24/1997; Serrano, 1998, pp. 203-205] He signs a Consent to Search form allowing agents to search his home and pickup truck, though his lawyers will later claim he believes his wife will be allowed to be present during the search. He says repeatedly that he hopes the agents searching his home can tell the difference between cleaning solvents and bomb components: “There is nothing in my house or truck that could be construed as bomb-making materials,” he says. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 205]
Denies Knowledge of Bombing - Nichols denies any foreknowledge of McVeigh’s bombing, saying merely that McVeigh had told him “something big” was in the offing (see April 15, 1995). He tells his questioners that the first he heard of the bombing was while watching a television demonstration at the Home Cable Television sales outlet in Herington. The agents ask him when he last had contact with McVeigh. According to Nichols, he sent McVeigh a letter in February 1995, asking McVeigh if the next time he was in Las Vegas, he could pick up an old television set from his ex-wife Lana Padilla; Nichols says he wanted the television set for when his son Joshua visited.
Tells of Long Easter Trip to Oklahoma City, Junction City for Television - On the afternoon of Easter Sunday, April 16, Nichols says, McVeigh called and asked him to come to Oklahoma City to pick up the television set (see April 16-17, 1995). “I’m pressed for time to get back east” to his family in New York, Nichols says McVeigh told him. “If you want your television, you’ll have to come to Oklahoma City.” Although Oklahoma City is some 250 miles away, Nichols agreed to make the trip. He also agreed to tell his wife that he was going to Omaha, not Oklahoma City, at McVeigh’s request. Nichols explains: “He [McVeigh] has a private nature. He has told me that no one is to know his business. Some of the things he wanted kept private were trivial matters. He just doesn’t want people to know what he is doing. That is just his nature.” Nichols tells the agents that before Easter, he had last heard from McVeigh in November 1994 or perhaps early 1995 (see February 20, 1995 and April 11, 1995). He then says: “In my eyes, I did not do anything wrong but I can see how lawyers can turn stuff around. I did not know anything. Lawyers can turn stuff around.” He denies ever seeing McVeigh at any motel in Junction City, Kansas (see September 22, 1994, January 19 - January 27, 1995, and (February 20, 1995)), says he has no knowledge of McVeigh renting a Ryder truck (see April 15, 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), and was never asked by McVeigh to buy any materials related to making bombs (see September 13, 1994, September 22, 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, October 29-30, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, November 9, 1994, January 19 - January 27, 1995, January 31 - February 12, 1995, February 20, 1995, March 1995, March 17, 1995, April 5-10, 1995, April 15-16, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). He says he drove to Oklahoma City and picked up McVeigh near the Murrah Federal Building (see April 16-17, 1995). McVeigh loaded the television into the pickup, Nichols says, along with a green duffel bag. They then headed towards Junction City. Nichols says he met McVeigh in an alleyway and never saw McVeigh’s car, which he says McVeigh claimed was broken down. Asked what they talked about, Nichols responds, “McVeigh talked in code.” He only later understood what his friend meant when he said “something big” was going to happen; he claims that he thought McVeigh was talking about robbing a bank. The conversation then turned to the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After), and McVeigh said he was interested in a protest rally for April 19 in Washington, DC. Nichols says he does not know why McVeigh wanted to go to Junction City. Maybe McVeigh had another car there, Nichols speculates. He let McVeigh off in Junction City, ate by himself at a Denny’s restaurant, and made the short drive home.
Second Trip to Junction City - On Tuesday, April 18, Nichols says, McVeigh called him around 6 a.m. and asked to borrow his pickup. Nichols says he met McVeigh in Junction City, and spent the morning at a military surplus auction while McVeigh used the truck. When they met up again in the early afternoon, all McVeigh had, Nichols says, was his green duffel bag. Explaining why McVeigh had had the truck for hours and brought back no items, Nichols explains, “Tim lives and travels light.” He then tells of picking up items from a storage locker McVeigh has rented (see April 20, 1995), and says that was the last time he saw McVeigh. The agents would find some of McVeigh’s belongings in his garage: a sleeping bag, rucksack, and rifle. [New York Times, 5/11/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 205-208; The Oklahoman, 4/2009]
Morning's Events - Nichols says he spoke to his ex-wife Lana Padilla earlier that day, angering his wife Marife, who announced she wanted to go back to the Philippines. “I’ve got friends there,” he says she told him. “I don’t have friends here. You got friends like Tim.” Marife does not like McVeigh, Nichols says, complaining that he lives his life “on the edge” and drives too fast. As for his conversation with Padilla, Nichols says she asked him about $3,000 he had apparently given her for their son Joshua. Investigators will later speculate that the money came from a robbery Nichols perpetrated in order to fund the bombing (see November 5, 1994). He says he went to a local lumberyard, then came back home.
Turning Up the Heat on Nichols - Nichols and Marife watched a few minutes of television together, and that was when they saw news reports identifying McVeigh as a suspect in the bombing. “I thought and swore that I could not believe it was him because he was heading back to see his family!” he says. “And he was back there in Oklahoma City? When I heard his name on TV, that is when I figured out why my name was on the radio, because I was his friend.… I was feeling shock, because I heard my name. How am I involved? How am I connected to it? I must not have known him that well for him to do that.” Nichols says he and McVeigh had become somewhat estranged, in part because McVeigh did not like Nichols’s penchant for practical jokes. The agents lean in and begin demanding to know if McVeigh executed the bombing, and if Nichols had any role in it. It is apparent they do not believe Nichols’s stories. Nichols, talking fast, says: “I feel upset that I’m involved, in a sense, because of him, and knowing that I am not.… I feel I cannot trust anyone any more than Tim. I would be shocked if he implicated me. Tim takes responsibility for his actions, and he lives up to his arrangements.… I cannot see why he would do it.” The agents ease off for a bit, and ask Nichols about his recent fertilizer purchases. He admits buying two 50-pound bags of ammonium nitrate at a Manhattan, Kansas, elevator, for which he has the receipts. He intends to sell it in one-pound bags at gun shows, to be used as fertilizer. He has already sold a few bags at earlier gun shows, he says: “If I sell any more at these shows, they will question me.” He says he spread some of the leftover fertilizer on his lawn just recently. (Investigators will later determine that the fertilizer was probably left over from the bomb-making process (see 8:15 a.m. and After, April 18, 1995).) He did not mention the fertilizer earlier, he says, because ammonium nitrate can be used to make an explosive compound, and “[i]t would make me look guilty to a jury.” He says he is working to build a new career as a military surplus dealer and create a peaceful life for himself and his family (see April 6, 1995). While he has worked gun shows with McVeigh in the past, he says, he does not know any of the other vendors, and though they never associated with militia members, he did recently sell 30 MREs (military “meals ready to eat”) to members of the Michigan Militia. Sometimes he heard talk about the Davidian tragedy and federal law enforcement officials at the shows, but he rarely took part in the conversations. He admits to having some anti-government feelings, and has read some of the literature, but says others got “hyped” about it and talked about taking action. McVeigh “was much more hyped about Waco,” he says. McVeigh is very knowledgeable about explosives, and is “capable” of building a bomb such as the one detonated in Oklahoma City, he says, but the agents should not assume he actually carried out the bombing. Nichols denies having specific knowledge himself of how to build a fertilizer bomb similar to that used in Oklahoma City, though he says the information is readily available. McVeigh is particularly fascinated with guns, Nichols says, and is extremely knowledgeable about them. He notes some common acquaintances, including Michael Fortier (see December 16, 1994 and After, Mid-March, 1995, April 5, 1995, and April 19, 1995 and After). whom he merely identifies by his last name and does not disclose that the three of them served in the Army together. Nichols admits to having rented a number of storage facilities in Las Vegas (see November 5, 1994 - Early January 1995) and in Kansas, including one in Herington (see September 22, 1994) and another in Council Grove (see October 17, 1994 and November 7, 1994), but he just uses them for storing household items, he says, along with a few guns and ammunition. After more questioning, Nichols admits that he now suspects McVeigh might well be the bomber. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 208-214] One source says that the FBI first learns of Fortier from Nichols’s 12-year-old son Joshua, who phones the bureau from his Las Vegas home and speaks with agent Debbie Calhoun about Fortier. [Stickney, 1996, pp. 183]
Break and Resumption - Everyone, including Nichols, is tired. At 6:10 p.m., they take a break, and give Nichols a glass of water and two slices of pizza. They refuse to let him see his wife. Special Agent John F. Foley sits with Nichols, and they talk casually until about 7:00 p.m. Smith and Crabtree resume the questioning, and ask Nichols to verify that the house or garage is not “booby-trapped.” He says it is not, and gives them a map of his house that indicates where guns and ammunition are stored on his property. Nichols repeats much of what he said earlier, insisting that his story about McVeigh’s borrowing his pickup truck on April 18 is factual and that he fully intends to build a new life for himself with his family. While McVeigh had grown increasingly agitated about the federal government and had become more radicalized, Nichols says, he himself just wanted to settle down. At 11:15 p.m., they play him an audiotape of his ex-wife Lana and his son Joshua urging him to cooperate. The tape upsets Nichols. Just after midnight, they hand him copies of the letters he had left at his ex-wife’s house urging McVeigh to “Go for it!” (see November 5, 1994 - Early January 1995). Nichols says he wrote the letter to take the place of a will, worried that he might not return from the trip he took to the Philippines. During the last two hours of interrogation, a new pair of agents, Foley and Daniel L. Jablonski, begin pressuring Nichols, accusing him of lying. Nichols does not respond to the new tactics. He refuses to take a polygraph exam, and refuses to sign a form certifying that he has been advised of his Miranda rights. He ends by denying any involvement whatsoever in the bombing. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 208-214]
Wife Questioned for Six Hours - Marife Nichols is questioned for six hours (see 3:15 p.m. and After, April 21, 1995).
Warrants Signed - Oklahoma City’s chief federal judge, David L. Russell, is at the FBI’s command center, and after the decision is made in Washington to procure a material witness arrest warrant, Russell signs it. It is faxed to the police station in Herington at 4:46 p.m. FBI agents interrogating Nichols do not tell him that the material witness warrant is now available; lead agent Thomas A. Price will later say he did not want to interrupt the interrogation. Russell will say he is not aware that Nichols is being interviewed by the FBI, and, noting language on the warrant that says Nichols “has attempted to leave the jurisdiction of the United States,” will say that the language is “inconsistent” with Nichols’s voluntary presentation at the police station.
Public Defender Denied Access - Public defender David J. Phillips, the federal defender for Kansas, learns from television reports that Nichols is in custody and has asked for legal representation. Phillips repeatedly calls the Herington police station, but is told that no one is available to speak with him. At 9:10 p.m., he calls a federal prosecutor in Topeka and is told that Nichols is not being arrested, and that Nichols is not the “John Doe” the FBI is looking for. Price will testify that he is aware of Phillips’s attempts to contact the police, and has told Police Chief Dale Kuhn to write down Phillips’s number. “[I]f Nichols asked for counsel, we’d provide the number,” Price will testify. Phillips will represent Nichols beginning April 22. [New York Times, 7/2/1996]
Possible Militia Affiliation - The FBI says it has reason to believe Nichols is a member of the Michigan Militia (see October 12, 1993 - January 1994); spokesmen for the Michigan Militia say Nichols is not a member and their group has no connection to the bombing [New York Times, 4/22/1995] , though a relative says that both brothers are indeed members of the group. A neighbor of Nichols, Randy Izydorek, tells a reporter that Nichols is proud of his affiliation with groups such as the Michigan Militia. “He told me it’s nationwide and it’s growing,” Izydorek says. [New York Times, 4/23/1995] (Militia spokesmen have said the group ejected Nichols and his brother James for “hyperbolic language,” apparently referring to calls for violence.) [New York Times, 4/24/1995]
Nichols Arrested and Jailed, Admits to Using Aliases - Shortly after midnight, the agents formally serve the warrant on Nichols and arrest him. At 12:24 a.m., Nichols is incarcerated in Abilene, Kansas. The afternoon of April 22, he is transferred to a jail in Wichita, Kansas, in the custody of Smith and Crabtree, where he will make his initial court appearance. Nichols continues to talk; during the drive, he admits to using a number of aliases, including Ken Parker (see October 17, 1994, November 5, 1994 - Early January 1995, and November 7, 1994) and Jim Kyle (see October 17, 1994, October 21 or 22, 1994, November 5, 1994, January 19 - January 27, 1995, and January 31 - February 12, 1995). McVeigh, he says, often used aliases such as Shawn Rivers (see September 22, 1994 and October 1994) and Tim Tuttle (see October 12, 1993 - January 1994, November 22, 1993, December 1993, February - July 1994, and November 30, 1994). McVeigh liked to use aliases, he says, and Nichols went along with the practice. “But we parted ways last fall,” he says. “The way we both live did not jive.” His brother James always “got along well” with McVeigh, he says. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Denver Post, 12/24/1997; Serrano, 1998, pp. 215]
Entity Tags: Terry Lynn Nichols, Debbie Calhoun, David L. Russell, Scott Crabtree, Thomas A. Price, Timothy James McVeigh, Dale Kuhn, Ronald G. Woods, David J. Phillips, Daniel L. Jablonski, Randy Izydorek, Stephen E. Smith, Nicole Nichols, Howard Shapiro, Randall K. Rathbun, Federal Bureau of Investigation, James Nichols, Joshua Nichols, John F. Foley, Michigan Militia, Lana Padilla, Michael Joseph Fortier, Marife Torres Nichols, Murrah Federal Building
Timeline Tags: US Domestic Terrorism
The home, pickup truck, and property of suspected Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 2:00 p.m. and After, April 21, 1995, and 3:15 p.m. and After, April 21-22, 1995) are searched by federal authorities while FBI agents are grilling Nichols and his wife Marife, both of whom are in police custody in Herington, Kansas. Agents are also involved in searching the Decker, Michigan, home and property of Nichols’s brother James, as bomber Timothy McVeigh listed James Nichols’s residence as his home address (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Initial searches of both sites turn up bomb materials, including five 60-foot safety fuses with blasting caps, Primadet explosive, five gasoline cans, a fuel meter, several containers of ground ammonium nitrate fertilizer, three empty bags of ammonium nitrate, a receipt for the purchase of the ammonium nitrate, four white barrels with blue lids made from material resembling the blue plastic fragments found in the bomb debris, and weapons that may be illegal to possess, including an anti-tank weapon. In searching Terry Nichols’s home and property, agents also find a cache of documents, many concerning the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) and espousing sometimes-violent anti-government sentiments, and a hand-drawn map of the Murrah Federal Building and its environs (see September 7-8, 1996). They find a spiral notebook that seems to be a combination phone book and diary, including dates and amounts for storage locker rentals, notations of the aliases used to rent the lockers (including the aliases “Ted Parker” and “Joe Kyle”), notes about “Tim” and “places to camp,” and some notations by Nichols’s wife Marife that describe quarrels she has had with her husband. And they find a telephone card whose number was used by McVeigh to make calls in his hunt for bomb-making materials (see August 1994). The weapons, map, and materials found may tie either or both Nichols brothers to the bomb plot. [New York Times, 4/22/1995; New York Times, 4/23/1995; New York Times, 4/26/1995; New York Times, 5/12/1995; Serrano, 1998, pp. 229; Indianapolis Star, 2003; Douglas O. Linder, 2006] Nine of the guns found in Nichols’s home—a Savage .30-06 rifle, a Remington .30-06 rifle, a Ruger carbine, a Ruger Mini-30 rifle using 7.62-millimeter ammunition, two Ruger Mini-14 rifles, a Winchester 12-gauge Defender shotgun, a Mossberg 12-gauge shotgun with a pistol grip, and a Smith & Wesson 9-millimeter pistol—are similar to those stolen from an Arkansas gun dealer some six months ago (see November 5, 1994). Prosecutors believe Nichols, or perhaps Nichols and bombing suspect McVeigh, carried out that robbery to help fund the bomb plot. Of 33 weapons listed as found in Nichols’s house on the FBI’s Evidence Recovery Log, six rifles, two shotguns, and a pistol appear to be the same models as stolen weapons on the Garland County Sheriff’s office record of the robbery. They also find a safe-deposit key they believe was taken during the robbery (see November 5, 1994 - Early January 1995). [New York Times, 6/17/1995] Nichols is told during the interrogation that agents have found a number of large plastic drums or barrels in his garage. He says he bought these at a dump in Marion, Kansas, and used them to haul trash. Agents also found a large fuel meter in the garage; Nichols says he bought this from a sale in Fort Riley, and says it is broken. [Serrano, 1998, pp. 212-213] A relative of the Nichols brothers tells the FBI that “James Nichols had been involved in constructing bombs in approximately November, 1994, and that he possessed large quantities of fuel oil and fertilizer,” according to an affidavit filed with the court. “Terry Nichols was in Decker, Mich., on or about April 7, 1995, visiting his brother, James Nichols, and may possibly have been accompanied by Tim McVeigh.” James Nichols (see December 22 or 23, 1988) is currently held in the Sedgwick County jail in Wichita, Kansas, as a material witness to the bombing (see April 21, 1995 and After). [New York Times, 4/23/1995]
Terry Nichols and his brother James Nichols are charged by a Michigan federal court with conspiring to help suspected Oklahoma City bomber Timothy McVeigh build explosives at Terry Nichols’s farm in Michigan (see December 22 or 23, 1988). Judge Monti Belot rules that Terry Nichols will be held without bail, and will be transferred to Oklahoma City sometime after noon on May 5; the delay in the transfer gives Nichols’s public defender, Steven Gradert, time to file a possible appeal. (Gradert also alleges that when the FBI first interviewed Nichols—see 3:15 p.m. and After, April 21-22, 1995—he may not have understood his rights under the law.) The complaint, filed in a federal court in Michigan, does not directly link either of the brothers to the Oklahoma bombing. It does accuse both brothers of building what the complaint calls “bottle bombs” and of experimenting with other explosives with McVeigh in 1992 and 1994 (see April 2, 1992 and After, November 1991 - Summer 1992, October 12, 1993 - January 1994, October 12, 1993 - January 1994, and February - July 1994). Until today, both the brothers were held, not as suspects, but as material witnesses (see 3:15 p.m. and After, April 21-22, 1995); the conspiracy charges are designed to keep them behind bars until investigators can find more solid links between them and the bombing plot. An affidavit accompanying the complaint says that, like McVeigh, both Nichols brothers blamed the government for the 1993 Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After); authorities have alleged that part of McVeigh’s motivation for the bombing was revenge for the 1993 debacle (see April 24, 1995). An initial version of the affidavit says a witness, Daniel Stomber of Evergreen Township, Michigan, had heard James Nichols “stating that judges and President Clinton should be killed, and that he blamed the FBI and the ATF [Bureau of Alcohol, Tobacco and Firearms] for killing the Branch Davidians in Waco.” A revised affidavit made public later deletes that information. James Nichols’s lawyer, Miriam Siefer, calls the information in the affidavit “quite stale.” The complaint itself says that James Nichols informed federal agents that his brother and McVeigh had been at his Michigan farm off and on since December 1991. James also told agents that his brother had obtained survival books that had information about bombs, and said he believed McVeigh knew how to build a bomb. The affidavit says James has admitted to building small bombs with McVeigh and his brother, but denied ever buying ammonium nitrate, one of the key ingredients in the Oklahoma City bomb. However, the affidavit says all three men were known to possess quantities of fertilizer and fuel oil, the same materials used in the Oklahoma City bomb, and says that Terry Nichols admitted to FBI investigators that he had bought at least 100 pounds of ammonium nitrate in the recent past. The affidavit says a witness told agents that all three men built other devices made of prescription vials, black powder, blasting caps, and safety fuses, which they detonated in empty fields of James Nichols’s 500 acres. Shrapnel was found in the fields, the affidavit says. Investigators found 28 50-pound bags of ammonium nitrate fertilizer and a 55-gallon drum of fuel oil on James Nichols’s farm; both ingredients are common on many farms, but James Nichols has claimed to be an organic farmer and thusly would not ordinarily use such materials. The affidavit says that in December 1993, McVeigh used an alias to buy liquid nitro airplane fuel, which could be used with other chemicals to improvise explosives (see December 1993). The complaint and affidavit will be presented to a federal court in Wichita, Kansas, on April 26. James Nichols will be released a month later without bond; US District Judge Paul Borman will rule that the government failed to link him to the bombing (see May 22, 1995). [New York Times, 4/26/1995; Boston Globe, 4/26/1995; New York Times, 4/25/1996; Mickolus and Simmons, 6/1997, pp. 810-811]
Entity Tags: Monti Belot, Federal Bureau of Investigation, Dan Stomber, Miriam Siefer, William Jefferson (“Bill”) Clinton, Terry Lynn Nichols, Paul Borman, Steven Gradert, James Nichols, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: US Domestic Terrorism
Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols (see April 30, 1995), is being held in FBI custody, ostensibly on a voluntary basis, though she will later contend she is being held against her will (see 3:15 p.m. and After, April 21-22, 1995). She is allowed to make phone calls. She calls Terry’s father Robert Nichols in Michigan, and has a conversation which is recorded by the FBI, apparently with her knowledge. Robert Nichols asks about his son James, currently in FBI custody as a third suspected conspirator (see April 25, 1995), along with his brother Terry and Timothy McVeigh (see April 21, 1995). Robert then asks Marife how she is doing, and how Nicole, the young daughter of Terry and Marife, is doing. She answers: “Oh, we’re doing fine. Everything is okay. I mean, they give us anything that we need here, and we’re fine.” She says she wants to return to her home country of the Philippines (see July - December 1990). “It would be a lot better for me to, uh, since you know I, I need to talk to my parents,” she says. “I wanted to go home, too. Uh, but I think they need to ask me a lot of, uh, questions about activities that we did ever since I got back here from Philippines.” Of her husband, she says: “I, I only talked to him once, on the telephone, and uh, he mainly just want me to go home. He, um, same as, as, you been watching the news?” Robert Nichols says he has, and she continues, “Yeah it’s, it’s all the same as, uh, James is, has, you know he’s just a material witness.” She asks if James has ever spoken to his father about any bombing plots, but Robert Nichols has no intention of passing along any potentially incriminating evidence against either of his sons. “No, it’s all news to me,” he says. Author Richard A. Serrano will later theorize that Marife is trying to flatter the FBI into letting her go with her repeated assurances that she and her daughter are being treated well. [Serrano, 1998, pp. 230-231]
A federal grand jury in Detroit charges James Nichols (see December 22 or 23, 1988, April 21, 1995 and After, and April 25, 1995) with conspiracy to build explosives. James is the brother of Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995), accused of conspiring with Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). The charges against James Nichols do not directly accuse him of conspiring with his brother and McVeigh to build the Oklahoma City bomb; the three-count indictment, brought by Assistant US Attorney Robert Cares, applies only to crimes Nichols is alleged to have committed in Michigan. It also refers to “other persons, whose names are known and unknown to jury” who joined in the conspiracy. The indictment says the conspiracy stretched from 1988 until federal agents raided Nichols’s farm on April 21, two days after the Oklahoma City bombing, and says the government has reason to believe Nichols had “prior knowledge” of the bombing. The indictment allows law enforcement authorities to keep Nichols in custody and to cancel an upcoming hearing for Nichols’s possible release. Nichols is being held pending arraignment before a federal magistrate. The indictment is based largely on testimony from Nichols’s neighbors (see April 21, 1995 and After), and is apparently similar to evidence provided in a criminal complaint filed in late April (see April 25, 1995). The indictment adds new details, such as the allegation that in 1994 he and his brother made and stored grenades at the Nichols farm, and in 1992 the brothers and McVeigh experimented with making and detonating bombs made of “readily available materials” like brake fluid. It also cites a letter McVeigh wrote James Nichols that said in part, “Keep me posted on any ‘trouble,’” a statement Cares interprets as pertaining to the bombing. [New York Times, 5/12/1995; Serrano, 1998, pp. 235]
An FBI affidavit filed today in Oklahoma suggests that planning for the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) began as early as September 1994, when accused bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995) began buying thousands of pounds of ammonium nitrate fertilizer and rented the first of several storage sheds in small towns in Kansas (see October 17, 1994). Nichols is accused of accumulating two tons of ammonium nitrate and, just before the bombing, purchasing an unspecified quantity of diesel fuel, another essential ingredient for the bomb. The affidavit, unsealed at a hearing for Nichols at the El Reno Federal Corrections Center outside Oklahoma City and intended to show a judge that sufficient grounds exist to charge Nichols with the bombing, provides the first look at the government’s case against Nichols and accused bomber Timothy McVeigh (see April 21, 1995). The affidavit provides a chronological timeline of events that together portray Nichols and McVeigh as Army buddies turned amateur terrorists, and suggests that Nichols may have actually led the bomb-making effort, though he did not participate in the bombing itself. Nichols’s brother James Nichols has also been indicted on charges of building bombs (see May 11, 1995). However, the indictment shows no direct involvement by James Nichols or anyone else in the bombing conspiracy. The indictment specifically offers no evidence that the as-yet unidentified “John Doe No. 2” (see April 20, 1995), suspected of accompanying McVeigh when he rented the Ryder truck used to deliver the bomb (see April 15-16, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is involved in the bombing, though authorities continue to search for him, believing him to be either a co-conspirator or a valuable witness. The affidavit states that “an explosive device of the magnitude” that wrecked the Murrah Federal Building “would have been constructed over a period of time utilizing a large quantity of bomb paraphernalia and materials.” Building such a bomb, the document says, “would necessarily have involved the efforts of more than one person,” although it does not say how many. The affidavit also reveals that five months before the bombing, Nichols left a letter that instructed McVeigh to clean out two of the storage sheds if Nichols were to unexpectedly die, told McVeigh he would be “on his own,” and said he should “go for it!” (see November 5, 1994 - Early January 1995). It shows that a search of Nichols’s home found numerous materials appearing to be related to the bomb, including explosive and other materials used in the bomb itself. And Nichols has admitted to having the knowledge required to make an ANFO (ammonium nitrate and fuel oil) bomb such as the one used in Oklahoma City. He said he disposed of ammonium nitrate by spreading it on his yard on April 21 after reading press accounts that the substance was one of the ingredients used in the bomb, and told investigators that the materials they found at his home were “household items.” After the 13-minute hearing, US Magistrate Ronald L. Howland orders Nichols held without bail pending a preliminary hearing scheduled for May 18. Patrick M. Ryan, the interim US Attorney for the Western District of Oklahoma, reads the charges against Nichols, and says the government will seek the death penalty. Nichols is currently represented by two federal public defenders, David Phillips and Steven Gradert, but the judge is expected to appoint another lawyer to represent Nichols on the bombing charges. [New York Times, 5/12/1995]
James Nichols (see April 21, 1995 and After and April 25, 1995), the brother of accused Oklahoma City bombing 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), is released on his own recognizance from a Michigan federal prison. Nichols has been held on charges of conspiring with his brother and accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995) to make bombs in Michigan, where he owns a farm in Decker. “If released, this defendant poses a risk of flight and a danger to the community,” Assistant United States Attorney Robert Cares tells Judge Paul Borman, citing his belief that Nichols had “prior knowledge” of the bombing. Defense lawyer Robert R. Elsey says Nichols is nothing more than an ordinary farmer, and brings a number of neighbors to the proceeding to vouch for Nichols’s character. Borman rules that there is not enough evidence to hold Nichols on the charges; says that he is not a threat to the public nor a flight risk, ruling, “There is not an iota of evidence of dangerous acts towards others”; and orders Nichols released into the custody of neighbors. Nichols will wear an electronic device to monitor his movements—he is under a curfew and restricted to moving in a small group of Michigan counties—and is ordered to stay away from explosives and firearms. Nichols has been held without bail since his Decker farmhouse was raided on April 21 (see April 21, 1995 and After). He was indicted in early May (see May 9, 1995) by a grand jury on charges of conspiring with McVeigh and his brother to make, store, and detonate bombs on his farm. Nichols was never charged in direct connection with the Oklahoma City bombing; in today’s hearing, Borman focused on the Michigan charges, and refused to allow the prosecution to tie Nichols to the Oklahoma City bombing without more evidence. Government prosecutors argued that Nichols should remain in jail because of his ties to the two subjects. Cares suggested that the “bottle bombs” that Nichols has admitted setting off with his brother and McVeigh were an “experiment” that served as a prelude to the 5,000-pound truck bomb in Oklahoma. Cares told the court: “James Nichols himself engaged in rhetoric of violence. If it was just rhetoric, we wouldn’t be here today. But he and Terry Nichols and Timothy McVeigh turned those words into action.” FBI agent Patrick Wease testified that a confidential source told him that Nichols said a group called the Patriots would take over the government by force. Wease testified that Nichols told the witness the Patriots “would be involved in the killing of cops, judges, and lawyers.” Elsey will argue at an upcoming hearing that all charges against Nichols be dropped. For his part, Nichols says he harbors no resentment towards the government, and says he wants to go home and plant his soybeans. He declines reporters’ requests to discuss his brother. Of the bombing itself, Nichols says: “It’s a bad tragedy, and everyone should cooperate—and I’m cooperating fully—to get to the bottom of it.” Elsey says Nichols’s anti-government views have been exaggerated. “He just believes the government in many instances is behaving beyond the norms of the constitution, and the limitations of the constitution,” Elsey says. “His alleged animosity to the government was ill-stated by himself.” Elsey adds that Nichols made some anti-government comments during a contentious divorce. [New York Times, 5/22/1995; New York Times, 5/23/1995; Serrano, 1998, pp. 235-236] In August, federal prosecutors will drop charges against Nichols concerning his manufacture of explosives on his farm. [New York Times, 8/11/1995] Nichols will be given a hero’s welcome when he returns to Decker, where many consider him an unwarranted victim of government persecution and a scapegoat for a bombing conspiracy that they believe was carried out by the government itself. [Stickney, 1996, pp. 193-194]
Accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995) tells a legal researcher that he does not know the man identified only as “John Doe No. 2” (see April 20, 1995 and June 14, 1995) who is suspected of being involved in the bombing, says he is not sure that accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) was involved in the bombing, and denies any personal involvement in the bombing or the conspiracy. He also denies being as close to McVeigh as media reports and prosecutors have asserted (see March 24, 1988 - Late 1990, November 1991 - Summer 1992, April 19, 1993 and After, October 12, 1993 - January 1994, November 22, 1993, (September 30, 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, (February 20, 1995), March 1995, March 17, 1995, April 13, 1995, April 15-16, 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols speaks to anti-government legal researcher and lecturer Karl Granse, the leader of the anti-government legal group Citizens For a Tax-Free Republic. Granse later tells a reporter that Nichols says if he were not in jail, he would be looking for “John Doe No. 2” himself. He also says he is angered that FBI investigators attempted to question his 12-year-old son (see May 9, 1995), and refused to allow him to speak to his wife, Marife, for a month after the bombing. Nichols initiated the conversation, telephoning Granse from prison, and asked for legal advice. Granse is a self-taught legal researcher and holds no legal degree. It is the first time that Nichols has spoken to an outsider about his relationship with McVeigh. Granse says he knows Nichols’s brother James (see May 22, 1995) from a lecture James Nichols attended in December 1994; investigators have found audiotapes of Granse’s lectures in James Nichols’s belongings. Granse says he has been questioned by FBI investigators regarding his relationship with the Nichols family and denies any but the most casual knowledge of the family. He says he has never met McVeigh and does not know the identity of “John Doe No. 2.” Granse says he has no intention of joining Nichols’s legal team. He has produced a video about the bombing that suggests the US government actually carried it out. [New York Times, 6/24/1995]
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
Lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) reveal that a family member who cooperated with the government’s investigation (see April 20-21, 1995) is the ex-wife of Nichols’s brother James (see May 22, 1995). Kelly Langenburg is also the sister of Terry Nichols’s ex-wife Lana Padilla. This information is disclosed during the course of a hearing that reviews a defense request to throw out evidence against Nichols and accused co-conspirator Timothy McVeigh. The news of Langenburg’s cooperation answers a question observers have long asked as to how the FBI knew to search James Nichols’s farm even before Terry Nichols was taken into custody (see 3:15 p.m. and After, April 21-22, 1995). [New York Times, 6/27/1996]
Defense lawyers in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) accuse prosecutors of misconduct in their handling of witness Thomas Manning, a Firestone tire store manager in Junction City, Kansas, who sold a car to accused bomber Timothy McVeigh days before the bombing (see April 13, 1995). Newly unsealed court documents reveal that Manning’s testimony has been a point of contention since November 1996. Manning has heart problems that might preclude his journeying to Denver to testify in McVeigh’s trial. A deposition was videotaped in Topeka on November 7. Manning had been interviewed eight times by government investigators and three times by defense investigators. His story remained essentially consistent regarding McVeigh’s arrival at his store at 9 a.m. with white smoke billowing from his Pontiac station wagon (see January 1 - January 8, 1995) and $300 in his pocket. But in the deposition, Manning added a detail: McVeigh left the store for 10 to 15 minutes and then returned. This absence could have given him time to make telephone calls that could connect him to the bombing, which killed 168 people. McVeigh’s lawyers say in a filing unsealed today: “If Timothy McVeigh had stayed at the Firestone dealership, as each of Mr. Manning’s previous statements suggest, he could not have placed the telephone calls that the government alleges were in furtherance of the conspiracy. This indicates that someone else placed the calls and that someone else committed the overt acts alleged in the indictment.” The defense is referring to calls found on McVeigh’s telephone credit card, issued under an alias, Darryl (or Daryl or Darrell) Bridges (see August 1994). The credit card record shows that someone made a 54-second call from the J & K Bus Depot, a block from the Firestone tire dealership, to co-conspirator Terry Nichols’s Herington, Kansas, home at 9:51 a.m. Two minutes later, a caller using the same credit card from the same telephone called the Ryder rental office in Junction City and talked for 7 minutes and 36 seconds. Prosecutors believe that during the second telephone call, McVeigh rented the Ryder truck used to deliver the bomb (see April 15, 1995). Defense lawyers now say that prosecutors concocted the detail about McVeigh leaving the Firestone store and returning. Michael Tigar, the lawyer for Nichols, says: “The government has a room at the Marriott Hotel in which witnesses are transmogrified. I wish I had a room where I could do that to people.” Lead prosecutor Joseph Hartzler says Manning never mentioned McVeigh’s departure to defense lawyers because they had never asked him about it. In papers filed by the prosecution, the defense is accused of not asking Manning about McVeigh’s departure because it was hoping Manning would not mention it. The defense’s decision to avoid the question, the prosecutors say, does not require government lawyers to disclose that they had asked the question in at least one of their interviews and had received an answer that tended to incriminate McVeigh. Other papers unsealed today reveal that defense lawyers have accused prosecutors of obstructing the defense’s investigation, and of destroying exculpatory evidence surrounding the still-unidentified “John Doe No. 2,” a person some suspect of being McVeigh’s accomplice on the day of the bombing (see April 20, 1995). Prosecutors have said they doubt “John Doe No. 2” has any connection to the bombing. The prosecution interviewed David Shafer, an Indiana seed company salesman, about Nichols and his brother James (see May 22, 1995), and decided not to use his testimony. Defense lawyers say Shafer “has been directed by the FBI to destroy notes concerning his recollection of these events.” [New York Times, 1/4/1997] Judge Richard P. Matsch refuses to bar the testimony of any witnesses challenged by the defense, and says there is no evidence that the FBI destroyed information or attempted to influence anyone’s recollections or testimonies. [New York Times, 2/21/1997]
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
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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