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Profile: Terry Lynn Nichols
a.k.a. Shawn Havens, Terry Havens, Joe Kyle, Ted Parker
Terry Lynn Nichols was a participant or observer in the following events:
Terry Nichols, a suspected accomplice in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and 3:15 p.m. and After, April 21-22, 1995) currently jailed in Wichita, Kansas, tells a jailer he wants a different book than the one he has been given to read. This book, he says, has a story “about an innocent man who is charged with murder, two counts, and it took him 14 years to get out of prison.” The guard replies, “Is that right?” and Nichols says, “I guess you really don’t know what your friends will do.” Nichols is apparently referring to suspected bomber Timothy McVeigh (see April 21, 1995). When the guard asks him who he is talking about, Nichols replies: “I’m talking about some of my friends, my friends. We were good friends. For five years… but it looks like… maybe he did it. And I think I may have… I may have accidentally helped him in doing it” (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). The guard will file a report on the conversation, and add the following: “His last few words appeared to have been very hard for him to say. I believe he wiped a tear from his right eye.” [Serrano, 1998, pp. 216]
Federal officials confirm a news report that investigators have found a September 1994 receipt for the purchase of 2,000 pounds of ammonium nitrate by Terry Nichols (see September 30, 1994 and April 25, 1995), who has been charged in an unrelated bomb-building conspiracy with accused Oklahoma City bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995). According to a report by the Dallas Morning News, McVeigh’s fingerprints were found on the receipt. Ammonium nitrate was one of the key ingredients in McVeigh’s bomb. FBI investigators found the receipt wrapped around gold collector coins in a drawer in Nichols’s Herington, Kansas, home. [New York Times, 5/1/1995; Washington Post, 11/7/1997]
FBI Special Agent Louis Michalko is given the task of sorting through the last 15 months of sales receipts from the Mid-Kansas Cooperative grain elevator in McPherson, Kansas. FBI investigators have found a September 30, 1994 receipt from this company in the home of suspected Oklahoma City bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and May 1, 1995), and believe that the 4,000 pounds of ammonium nitrate fertilizer used in the bomb (see 8:35 a.m. - 9:02 a.m. April 19, 1995) were purchased from this company (see September 23, 1994, September 30, 1994, and October 18, 1994). Michalko goes to the company headquarters in Moundridge, Kansas, and sorts through 132,000 receipts. He learns that during that 15-month period, only one person, Mike Havens, paid cash for over 1,000 pounds of ammonium nitrate. Only two other customers bought more than 1,000 pounds of the fertilizer during that time period, a local experimental field and a school district, and Havens is the only one to have paid in cash. The FBI will later learn that “Mike Havens” was an alias used by Nichols to buy the fertilizer. Michalko determines that “Havens” bought some 4,000 pounds of fertilizer. Mid-Kansas employee Jerry Showalter will later testify that he took part in the September 30 sale to “Havens,” but cannot identify Nichols as the person who bought the fertilizer. Showalter will tell authorities that “Havens” told him he wanted to fertilize a field with a drill apparatus. [Chicago Tribune, 5/3/1997; Serrano, 1998, pp. 221-; Associated Press, 5/30/2004]
FBI crime laboratory technicians comb through over 15,000 “entries” (items of evidence) from the Oklahoma City bombing scene (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and from material gathered from suspects Timothy McVeigh (see April 21, 1995) and Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and May 1, 1995), eventually producing over 10,000 pages of lab notes. The prime focus at the outset is on McVeigh’s personal effects. No high-explosive materials are found on McVeigh’s jacket or boots, nor are any traces found on the blanket or cloth bag recovered from his car. However, traces of explosive compounds similar to those used in the bombing are found in the inside pockets of his jeans and on his earplugs, which he presumably used to protect his hearing from the roar of the explosion. [Serrano, 1998, pp. 222-223]
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 3:15 p.m. and After, April 21-22, 1995) is charged as a co-conspirator in connection with the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Prosecutors say that Nichols, though he did not participate directly in the bombing, played a direct and central role in carrying it out with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Nichols is charged in a criminal complaint that is filed under seal with the court; a lawyer involved in the case says the prosecution may be trying to keep some undisclosed details of the evidence it is providing out of the public eye for the time being. Nichols’s lawyer, public defender David Phillips, says he expects Nichols to be indicted at any time. Nichols is being held in custody in Wichita, and will likely be moved to Oklahoma City soon. Prosecutors may be pressuring Nichols to turn state’s evidence against McVeigh, and lead them to others who may have been involved in the plot, particularly the elusive “John Doe No. 2” (see April 20, 1995). Nichols insists that he had no idea McVeigh planned to bomb the Murrah Federal Building, but prosecutors believe otherwise. One witness who may testify against Nichols is his former wife, Lana Padilla. In an interview Padilla recently gave to a tabloid television show, American Journal, she said Nichols gave her a package in 1994 that contained a key to a storage locker; the locker contained thousands of dollars in gold and silver bouillon (see November 5, 1994 - Early January 1995). In previous interviews with reporters, Padilla had not mentioned the locker. Investigators also believe that their 12-year-old son, Joshua Nichols, may have been at the rental office in Junction City where the Ryder truck containing the bomb was rented (see April 15, 1995). Some witnesses in Herington, Kansas (see (February 20, 1995)), say they saw Joshua Nichols in town the same day that McVeigh rented the Ryder truck in Junction City; a supermarket manager recalls seeing Nichols and his son on April 17, when they rented three film videos and bought a can of peanuts. “They browsed around about 30 minutes,” the manager says. “He came up to the clerk and said he was a new customer. She asked for his driver’s license and he said he didn’t have one. She asked for his Social Security number, and he just told us a number.” [New York Times, 5/9/1995; Douglas O. Linder, 2001; Fox News, 4/13/2005] Joshua Nichols tells reporters for ABC News that he was not with his father as the supermarket manager has stated. Prosecutors say Padilla put her son on a plane for their home in Las Vegas on April 17. [New York Times, 5/10/1995] Nichols is formally charged the following day (see May 10, 1995).
Federal prosecutors charge Terry Nichols, a suspected co-conspirator in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and May 9, 1995), with conspiring to carry out the bombing along with accused bomber Timothy McVeigh (see April 21, 1995). If convicted, Nichols could face the death penalty under federal anti-terrorism laws. Nichols is escorted under heavy guard into the Wichita, Kansas, federal courthouse; a woman in the crowd screams at him, “Baby killer!” Nichols is charged with being a direct participant in the “malicious damage and destruction” of a federal building, and charged with aiding and abetting the attack. Prosecutors have not yet revealed the evidence they have against him. The charges faced by McVeigh and Nichols are likely to be augmented or replaced entirely by a broader conspiracy indictment, federal officials say. Nichols’s public defender, Steven Gradert, refuses to speculate on whether the prosecutors are attempting to pressure Nichols into cooperating with their prosecution of McVeigh. “I don’t know,” Gradert says, and adds that he believes “the government is not quite sure what the theory of this case is.” Nichols is being transported to Oklahoma, where he will be incarcerated at the El Reno Federal Corrections Center, the same facility that currently houses McVeigh. Nichols’s ex-wife Lana Padilla and their son Joshua Nichols are in Oklahoma City to testify before a grand jury empaneled to hear evidence about the bombing. The FBI is also pressuring another friend of McVeigh’s and Nichols’s, Michael Fortier, to give more information (see April 23 - May 6, 1995, May 1, 1995 and May 8, 1995). Nichols has been held in the Sedgwick County, Oklahoma, jail since April 22 as a material witness to the bombing. He is accompanied by his two public defenders, Gradert and David Phillips. Gradert calls his client “scared… upset, and… nervous.” [New York Times, 5/10/1995]
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]
The New York Times reports that Timothy McVeigh, accused of executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), has claimed responsibility for the bombing. The Times’s sources are two people who have spoken with McVeigh during his continuing incarceration at the Federal Correctional Institution in El Reno, Oklahoma; they spoke to Times reporter Pam Belluck in return for anonymity. McVeigh, the sources claim, told them he chose the Murrah Federal Building as a target because it housed so many government offices, and because it was more architecturally vulnerable than other federal buildings. The sources say McVeigh said he knew nothing of the day care center in the building, and was surprised to learn that children had died in the bombing. McVeigh told the sources that he was not “directly involved” with armed civilian paramilitary groups (see October 12, 1993 - January 1994, September 12, 1994 and After, November 1994, December 1994, January 1995, and April 5, 1995), though he admitted to having “relationships and acquaintances with a few people who have similar views,” primarily people he met at gun shows, the sources say. They say McVeigh acknowledges responsibility for the bombing, but does not believe he committed a crime. They say that McVeigh told them the planning for the bombing began at least nine months ago (see September 13, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, March 1995, March 31 - April 12, 1995, April 13, 1995, April 15, 1995, and 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995), and he had considered targets throughout the Midwest, from Denver to Kansas City to Texas and South Dakota. They say that McVeigh told them he had gone to the bomb site at least once (see October 20, 1994 and April 16-17, 1995) but had not gone inside the building. Federal officials say the Murrah Building was extremely vulnerable to explosive damage because of its large glass windows, its nine floors which could collapse upon one another, and because of the absence of any courtyard or plaza separating the building from the street, where a truck carrying a bomb could be parked. McVeigh’s alleged statements to the two sources suggest that those factors greatly influenced his choice of the building. The sources say that McVeigh was motivated to carry out the bombing in part because of the 1992 killing of white supremacist Randy Weaver’s wife and son during a standoff with federal agents in Ruby Ridge, Idaho (see August 31, 1992), and because of his fury over the Branch Davidian debacle outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After). McVeigh was also driven, they say, by a more general hatred of the government, which may be fueled in part by his failure to land a well-paying job when he left the Army (see November 1991 - Summer 1992). The sources say McVeigh did not single out any one experience that triggered his desire to plan and execute the bombing. McVeigh also noted, they say, that he did not specifically target the Bureau of Alcohol, Tobacco and Firearms (BATF), some of whose agents in Oklahoma City participated in the Davidian siege. Rather, they say, McVeigh wanted to target as many government agencies as possible in one strike. McVeigh talked about the significance of the date of the bombing, April 19; not only was it the date of the Davidian tragedy, but it was the anniversary of the battles of Lexington and Concord, where in 1775 the first shots of the American Revolution were fired. The sources provide few details of the bombing plot, and it is unclear if McVeigh divulged any such details. The sources say McVeigh did not speak much of his accused 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, 3:15 p.m. and After, April 21-22, 1995, and May 11, 1995), nor did he speak of others who might have been involved in the plot. They say that McVeigh did mention his acquaintance Steven Colbern (see May 12, 1995), and said that Colbern was not involved in the plotting. The sources say that while McVeigh carefully plotted the bombing itself, the escape he planned was less well thought out (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). He forgot to transfer the license plate from a Pontiac he traded (see January 1 - January 8, 1995) onto his getaway car, a Mercury Marquis (see April 13, 1995); the failure to transfer the plate caused him to be pulled over by a highway patrol officer. McVeigh told the sources he had no money with him and no back-up person to help him if he was detained. “I don’t know how to explain that gap in his planning or his organization,” one of the sources says. “The primary objective was obviously the building itself.” One of the sources adds: “He’s very anxious, obviously, because of the position he’s in. He’s anxious to see what the next step is in the process and when this will be resolved.” [New York Times, 5/16/1995]
An Army friend of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, After May 6, 1995, and May 16, 1995), Michael Fortier, tells federal authorities that he and McVeigh inspected the Murrah Federal Building in Oklahoma City as a potential bombing target in the days before the blast (see December 16, 1994 and After). Fortier knew McVeigh from their time together at Fort Riley, Kansas (see March 24, 1988 - Late 1990), and says he knew of McVeigh’s plans for the bombing while the two lived in Kingman, Arizona (see May-September 1993, February - July 1994, August 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, and February 17, 1995 and After). Fortier and his wife Lori decided to stop lying about their involvement with McVeigh and the bomb plot (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995) and tell the truth after receiving subpoenas for their testimony before a grand jury investigating the bombing; instead of testifying under oath, Fortier opens a discussion with prosecutors about a settlement, and gives his statements about McVeigh in an initial offer of the evidence he says he can provide. They also ask the authorities about retaining a lawyer. Michael Fortier admits that a statement he signed in Kingman, Arizona, is mostly false. Fortier and his wife testify for hours about their involvement with McVeigh and their complicity in the bomb plot. Fortier is negotiating with federal prosecutors for a plea deal, and for immunity for his wife, in return for his cooperation in their prosecution of McVeigh and co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995, April 24, 1995, and May 11, 1995). Fortier says he and McVeigh drove from Arizona to the Murrah Federal Building about a week before the bombing in an apparent effort to “case” the building. Fortier denies he had any direct role in the blast, but authorities have been very interested in him since the day of the bombing. Authorities have searched his trailer in Kingman and questioned him thoroughly, though officials say they have no basis to charge him with any direct involvement in the bombing. Fortier may still be charged as an accessory to the bombing, or on other related charges. It is doubtful, people involved in the case say, that the government would give Fortier full immunity from prosecution. Fortier is the first person to directly implicate McVeigh in the bombing; until now, investigators have only a large amount of circumstantial evidence tying McVeigh to the blast. Nichols has denied any direct knowledge of the bombing, and currently is not cooperating with investigators. Some investigators believe that Fortier may be the elusive “John Doe No. 2” (see April 20, 1995), who is considered either a co-conspirator or a material witness with knowledge of the plot, though Fortier does not clearly match the description of the suspect. [New York Times, 5/19/1995; Serrano, 1998, pp. 244-245]
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]
Joseph H. Hartzler. [Source: Associated Press]The US Justice Department names Joseph H. Hartzler, an Assistant US Attorney in Springfield, Illinois, to lead its prosecution of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995). Attorney General Janet Reno has moved Merrick Garland, who oversaw the initial phase of the bombing investigation, back to Washington to head the Justice Department’s criminal division. She creates what becomes known as the OKBOMB task force, a trial team focusing on continued investigation and the prosecution of McVeigh and his alleged accomplice, Terry Nichols. Reno selects Hartzler from dozens of resumes submitted by government lawyers from around the country. In the 1980s, Hartzler, who suffers from multiple sclerosis and is wheelchair-bound, helped convict four Puerto Rican nationalists accused in a bombing plot, and helped prosecute a federal judge in Chicago, in what became known as the “Greylord investigation.” He has worked as the chief of both the criminal and civil divisions in Chicago, one of the country’s largest US Attorney’s offices. Arlene Joplin, an Oklahoma City prosecutor, will remain on Hartzler’s prosecution team. Justice officials say that Hartzler was chosen because of several factors, including his background in complex criminal cases, terrorist prosecutions, and his ability to work with other government lawyers already on the case. Hartzler is asked by a criminal defense attorney not involved in the case what he thinks about it. Hartzler responds: “Whoever did this should spend some time in hell. I just want to accelerate the process.” Hartzler vows to have no press conferences, and will in fact have very few, though his team does have a few media “favorites,” most notably Jeffrey Toobin, a writer for the New Yorker and a legal analyst for ABC News who once worked with two of the OKBOMB staffers and is considered a supporter of the prosecution. [New York Times, 5/22/1995; Serrano, 1998, pp. 249-250] Missouri criminal defense lawyer Michael B. Metnick will later say of Hartzler: “His integrity is beyond reproach. He’s a prosecutor I can turn my back on.” Hartzler will tell a reporter that he asked for the McVeigh prosecution because “I thought I could make a difference.” [New York Times, 6/2/1997]
The lawyer for accused Oklahoma City co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) asks Federal Judge David L. Russell to release his client without bail. Defense lawyer Michael Tigar calls the government’s evidence against Nichols “lamentably thin,” and says Nichols’s actions, particularly in connection with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), were innocent and typical of a “peaceable, law-abiding person.” Tigar, along with co-counsel Ronald G. Woods, is apparently following a strategy of attempting to distance Nichols from McVeigh, claiming that Nichols and McVeigh had a “falling out” in February 1995 over plans to work gun shows and swap meets together. According to court papers filed by Tigar, Nichols had printed up his own business cards and other material for a new business trading in military equipment that had no place for McVeigh. Tigar also assails the government’s investigation, accusing FBI investigators of withholding evidence from the defense, of holding Nichols’s wife Marife (see July - December 1990) “virtually incommunicado and without counsel” for “33 days of continuous interrogation,” and of refusing to interview witnesses with information favorable to Nichols. According to Tigar’s timeline of events, Nichols, knowing little to nothing of a specific bomb plot (see Late 1992-Early 1993 and Late 1994, April 19, 1993 and After, October 12, 1993 - January 1994, September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, March 1995, April 13, 1995, and April 15-16, 1995), met with McVeigh on April 16 in Oklahoma City and drove him to Junction City, Kansas (see April 16-17, 1995). Prosecutors have stated that the day before, McVeigh told Nichols that “something big is going to happen,” impelling Nichols to ask if McVeigh planned on robbing a bank (see April 15, 1995). In Tigar’s timeline, this exchange never happened. Instead, Tigar’s timeline recounts a lengthy story of McVeigh calling Nichols on April 16 complaining of car trouble; McVeigh, Tigar claims, had a television set with him that belonged to Nichols’s ex-wife Lana Padilla that Nichols wanted for his home in Herington, Kansas (see (February 20, 1995)). Nichols drove to Oklahoma City to get the television set. Tigar says that the Nichols family used the television set to watch a videotape of The Lion King and two other movies on April 17. In the days before the bombing, Tigar says Nichols took his family to a restaurant, picked up new business cards and labels, and, on the day of the bombing, visited a local hardware store and a military surplus dealer to discuss selling or trading Army tools, possibly for roofing shingles, and worked around his house. Tigar says Marife Nichols has confirmed this version of events. Tigar also says that prosecution allegations that Nichols used his pickup truck on April 18 to help McVeigh load fertilizer into the rented Ryder truck McVeigh used for the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) are false, and instead Nichols had loaned McVeigh his truck, and not accompanied McVeigh to the loading site at Geary Lake in Kansas. Tigar also says that a fuel meter owned by Nichols and believed by the prosecution to have been used to measure the bomb ingredients was broken the entire time Nichols owned it. [New York Times, 5/19/1995; New York Times, 5/25/1995] Later press reports will show that Tigar’s information about the supposed “falling out” between McVeigh and Nichols comes from Padilla. According to Padilla: “He said, ‘Tim and I are going to go our separate ways and I am going to the shows myself.’ That surprised me. They were going to go their own ways and it was because Terry was going to buy his own house and have his wife and baby come out. I don’t think that Tim could stand that. Terry also said that Tim didn’t like kids.” [New York Times, 8/6/1995] The prosecution counters with a request to hold Nichols without bail, citing evidence seized from Nichols’s home that implicates him in the bombing conspiracy (see 3:15 p.m. and After, April 21-22, 1995), and a series of letters he wrote to the IRS and other federal agencies repudiating his citizenship and asking to be exempted from paying federal taxes (see April 2, 1992 and After). Prosecutors say the letters demonstrate Nichols’s repudiation of “roots to this country and its sovereign states” and that he therefore should be denied bail. “Nichols poses a danger to the community and an unreasonable risk of flight against which no conditions of release could adequately guard,” the prosecutors argue. Russell denies Nichols bail and orders him to remain in custody. Tigar says he will appeal the ruling. Russell also orders that Nichols be allowed to sleep without lights beaming into his cell 24 hours a day, and that prison officials not allow any more mental health professionals to interview Nichols without the court’s approval. Tigar has called a visit by a previous counselor “unwanted” and intrusive. [New York Times, 6/2/1995; New York Times, 6/3/1995]
Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols, is finally released from FBI custody after being held for over a month (see 3:15 p.m. and After, April 21-22, 1995). She has reassured her father-in-law Robert Nichols that she and her daughter Nicole are being treated well (see April 30, 1995), put up in an Oklahoma City hotel for the duration of her stay. Before she leaves FBI custody, she receives a Mother’s Day card signed by five female agents from the Kansas City field office. The card’s handwritten message reads in part: “We all hope the best for you. Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We have all fallen in love with Nicole. We all wish the best for you and your new baby. Don’t let all this latest news (see May 9, 1995, May 10, 1995, May 11, 1995, May 22, 1995, and May 25 - June 2, 1995) affect you. We are all here for you. If you ever are lonely, if you ever want to talk, if you ever want to cry, just call us. We’ll be here for you.” They pencil in a phone number and sign it “Love,” followed by their signatures. Marife will eventually return to her home country of the Philippines (see July - December 1990). [Serrano, 1998, pp. 231-232]
Michael E. Tigar. [Source: Washington Post]The New York Times profiles Michael E. Tigar, the lead defense lawyer for accused Oklahoma City bombing 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). Tigar, a law professor at the University of Texas, has represented numerous unpopular defendants in previous proceedings, and like Nichols, many of those clients’ cases presented what the Times calls “unusual or complicated legal and political questions.” At the beginning of his legal career, Tigar represented leftists such as Abbie Hoffman, Angela Davis, and H. Rap Brown; during the 1969 trial of the “Chicago Seven,” Tigar, representing anti-war organizer David Dellinger, was briefly jailed for contempt of court. In later years, Tigar represented clients on the right of the political spectrum, including accused Nazi war criminal John Demjanjuk and Senator Kay Bailey Hutchison (R-TX), who had been accused of misusing her office as state treasurer. In the early 1980s, he helped win a $2.9 million judgment against Chile for the Pinochet government’s assassination in Washington of former Chilean Ambassador Orlando Letelier. Michael J. Kennedy, who has worked closely with Tigar in the past, says: “He understands that the way we measure the value of our justice system is how it treats society’s pariahs. It’s easy to treat the popular people well. But what Mike understands is that the system will be measured by how it treats those people that the government considers to be despicable.” Tigar combines a strong knowledge of legal scholarship with a folksy, disarming courtroom style, according to the Times. [New York Times, 6/9/1995]
Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995 and April 24, 1995) gives an interview to Newsweek, saying he intends to plead not guilty to all charges; the interview quickly makes headlines around the country. In a cover story entitled “The Suspect Speaks,” McVeigh tells interviewer Colonel David Hackworth (see June 26, 1995) that the first he knew of the bombing was when a state trooper pulled him over driving north from Oklahoma City some 90 minutes after the blast (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh says he was “horrified” by the deaths of 19 children in the explosion, and adds: “And you know, that was the number one focal point of the media at the time, too, obviously—the deaths of the children. It’s a very tragic thing.” He refuses to directly confirm or deny any involvement in the bombing, saying, “The only way we can really answer that is that we are going to plead not guilty.” The interviewer tells him, “But you’ve got a chance right now to say, ‘Hell no!’” McVeigh replies, “We can’t do that.” McVeigh goes into some detail about his “average childhood” (see 1987-1988); his lawyer Stephen Jones (see May 8, 1995), present for the interview, tells the interviewer that McVeigh is “the boy next door, a boy wonder.” Newsweek records McVeigh’s appearance as “a little nervous, maybe, but good humored and self-aware. Normal.” The interview is held in a conference room at the El Reno Federal Corrections Center about 25 miles west of Oklahoma City. Jones has released pictures and an audio-less videotape of McVeigh laughing and smiling while talking to his lawyers, in an apparent attempt to soften his image. Of the video, Jones says, “We want to present our client to the public as we believe he really is.” The country is most familiar with the image of McVeigh being led away from an Oklahoma County Jail in handcuffs (see April 21, 1995). Jones also emphasizes McVeigh’s solid military record (see March 24, 1988 - Late 1990 and January - March 1991 and After). Jones placed heavy restrictions on the interview with McVeigh, and thusly little new material is given. McVeigh will not discuss any evidence that prosecutors say shows his guilt, and Jones refuses to allow McVeigh to answer questions about whether he committed the bombing. Though in May the press reported that sources had said McVeigh confessed to the bombing in prison (see May 16, 1995), Jones says: “I’m not aware of anything he said in the interview that is inconsistent with what has been reported up to this point by the New York Times and every other newspaper in the country. If you’re trying to suggest that there may have been anything inconsistent, may I respectfully suggest that you may have not read the interview carefully.” Jones later disputes one quote attributed to him of McVeigh, where Jones supposedly told the interviewer, “He’s innocent.” Jones says, “I frankly don’t remember saying that he’s innocent and I do not think that is something I would have said.” McVeigh also denies any affiliation with militia groups or attending meetings of such groups (see 1992 - 1995, January 23, 1993 - Early 1994, October 12, 1993 - January 1994, April 1994, September 12, 1994 and After, November 1994, January 1995, and April 5, 1995), and denies reports that he had called himself a “prisoner of war” and refused to state anything but his name, rank, and serial number (see April 21, 1995). He acknowledges setting off small explosions on a farm in Michigan with his accused co-conspirator Terry Nichols (see October 12, 1993 - January 1994), but says they were little more than plastic Pepsi bottles “that burst because of air pressure,” adding, “It was like popping a paper bag.” He refuses to go into details about his political views, saying merely that he was “bothered” by the 1993 Branch Davidian debacle (see March 1993, April 19, 1993, and April 19, 1993 and After), and acknowledges visiting the site after the final raid by FBI agents. He admits to having “been through Oklahoma City,” but when asked if he and his friend Michael Fortier (see May 19, 1995) had “cased” the Murrah Federal building in the days before the attack, replies, “I think I’d rather not answer that.” He says that the government has “[m]ost definitely” made “mistakes,” but does not characterize himself as an anti-government person. [New York Times, 6/26/1995; Serrano, 1998, pp. 225]
Federal investigators probing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) link weapons stolen in a 1994 Arkansas robbery (see November 5, 1994) to one of the bombing suspects, 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 June 23, 1995). Nichols is accused of plotting the bombing with Timothy McVeigh (see April 21, 1995 and April 24, 1995); both are suspected in the robbery. Some of the 66 rifles and shotguns, and eight handguns, stolen from Arkansas gun collector and dealer Roger Moore were found in a recent search of Nichols’s home in Herington, Kansas (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995). Thirty-three weapons were found in Nichols’s home, as well as a safe-deposit key stolen in the Moore robbery. Investigators have also determined that a rare, customized Winchester Model-43 .22-caliber Horner rifle stolen from Moore was discovered in a gun shop in Kingman, Arizona, where McVeigh has lived on and off for years (see March 1993, May-September 1993, February - July 1994, September 13, 1994 and After, October 4 - Late October, 1994, October 21 or 22, 1994, February 1995, February 17, 1995 and After, and March 31 - April 12, 1995). The gun shop owner, Jim Fuller, says he bought the rifle from a known associate of McVeigh’s, James Rosencrans (see May 1, 1995). [New York Times, 7/3/1995]
James Rosencrans, a former neighbor of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), tells reporters that McVeigh’s friend, Michael Fortier (see May 19, 1995), attempted to make him an unwitting accomplice in a robbery that investigators believe was carried out to help finance the bombing (see November 5, 1994). Rosencrans, who has had at least one incident with law enforcement authorities as a result of the investigation into the bombing (see May 1, 1995), has turned over a rare rifle from the robbery to investigators, who believe accused co-conspirator Terry Nichols gave him the rifle (see Before July 3, 1995). Rosencrans has testified before the federal grand jury hearing evidence against McVeigh and Nichols. Fortier is also cooperating with authorities in return for reduced charges. The rare rifle, a customized Winchester .22-caliber, was given to Rosencrans along with two other firearms by Fortier, who once shared a trailer home with McVeigh next door to Rosencrans in Kingman, Arizona. “I believe he was trying to stick me with the rifle,” Rosencrans says. “I feel like I’m being played. I thought he was my friend.” Rosencrans says he knows “at least six people” in Kingman who had also gotten guns from Fortier. Rosencrans calls them “normal, everyday citizens,” who are “afraid of getting sucked in.” Rosencrans tells reporters that about a month before the bombing, McVeigh called Fortier to ask if Rosencrans could drive McVeigh for “maybe five or 10 hours” to an unspecified place and drop him off. Then, Rosencrans was to go to the nearest airport and “leave the car there.” Rosencrans recalls: “I said: ‘Leave the car there? What the hell for? Why don’t I just keep it?’” Rosencrans says he refused to drive McVeigh. [New York Times, 7/6/1995] Rosencrans tells reporters he fears he is the target of “a witch hunt” by federal agents whom, he says, are eager to implicate him in the bombing conspiracy. Of his grand jury testimony, he says the investigators “grilled me for four hours and then gave me four minutes on the stand. I went down there to help these guys. They treated me like a criminal, and then they ignored me when I got there.” The agents, he says, “are up to something.” He says he has refused to name anyone else who might have obtained guns from McVeigh or Fortier, and would continue to do so. “The Feds seem to think that there are 30 or 40 people involved in this thing, but they could just be somebody who happened to know somebody,” he says. “It’s a sad day in America when everything’s guilt by association.” [New York Times, 7/7/1995]
Federal prosecutors formally notify Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) that they intend to seek the death penalty against him in his upcoming trial. Prosecutors send a letter to McVeigh’s lead lawyer, Stephen Jones, advising that McVeigh will be indicted before August 11 with “one or more crimes potentially punishable by death.” The letter is signed by Patrick M. Ryan, the US Attorney in Oklahoma City. Government officials, including President Clinton and Attorney General Janet Reno, have said they would press for the death penalty against the person or persons responsible for the bombing (see 4:00 p.m., April 19, 1995 and April 22, 1995). The announcement ends speculation that the prosecution might take the death penalty off the table if McVeigh pleads guilty and cooperates with the investigation. While the prosecutors can seek the death penalty, only the trial jury can impose it, if it so chooses. Jones calls the decision to seek the death penalty a “charade,” saying that the decision was made by Clinton and Reno months ago. In a response to Ryan, Jones writes, “For us to reasonably believe that any type of fair review is to be conducted would require us to accept that you, as a nominee of the president for the position you hold, and the attorney general’s Capital Review Committee, appointed by Ms. Reno, would reach a decision and recommendation which overrides the president and the attorney general’s own public commitment.” Prosecutors have not yet decided whether to invoke the death penalty against McVeigh’s accused 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 June 23, 1995). Nichols’s attorney Michael Tigar says he is preparing his defense as if it will be a death-penalty case. [New York Times, 7/12/1995] Two days later, defense lawyers for Nichols inform reporters that the federal government will also seek the death penalty against Nichols. [New York Times, 7/14/1995]
Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), says he will attempt to get McVeigh’s trial moved out of Oklahoma. McVeigh faces the death penalty if convicted of crimes related to the bombing (see July 11-13, 1995). Jones says he has in mind sites well away from Oklahoma City, including New Mexico, Oregon, Washington, West Virginia, and the city of San Francisco. “These are places where there has been way less than the usual media coverage,” Jones says. “I haven’t been contacted by a single person from any of those states, in terms of the media.” US Attorney Patrick Ryan has said McVeigh and his accused 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 June 23, 1995), could get fair trials in Oklahoma, and that to move the trial would “further victimize the victims,” whose family members would likely testify during the sentencing phase of the trials if either or both are convicted. Jones says: “That is not a factor used in measuring where trials are held.… We have three criteria. The contents of what has been carried in the media in those states, the facilities to hold trials, and whether there was a nearby federal prison that could accommodate security concerns.… I definitely think we should not be in Oklahoma.” [New York Times, 7/18/1995]
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
Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995) and his accused 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 June 23, 1995) plead not guilty to eight federal charges of murder and three conspiracy charges associated with the bombing. Each of the 11 counts could earn the two the death penalty if they are convicted. The two men appear separately in the Oklahoma City Federal District Courthouse. McVeigh, wearing a blue sport coat, a blue open-neck shirt, khaki trousers and polished brown shoes, and standing in a military at-ease position, tells federal magistrate Ronald Howland, “Sir, I plead not guilty.” After McVeigh is taken out, Nichols is brought into Howland’s presence; he tells the magistrate, “Your Honor, I am innocent.” [New York Times, 8/16/1995]
Evidence in the case against accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) indicates that McVeigh was inspired largely by two books: a well-known favorite among white supremacists, the William Pierce novel The Turner Diaries (see 1978) and a second non-fiction book, Armed and Dangerous: The Rise of the Survivalist Right, by Chicago Tribune reporter James Coates. Coates wrote the book to warn against the dangers of far-right militia groups. McVeigh also drew inspiration for the bombing from the exploits of The Order, a far-right organization that staged armored car robberies (see April 19-23, 1984), murdered progressive radio host Alan Berg (see June 18, 1984 and After), and finally ceased operations when federal authorities killed its leader, Robert Jay Mathews, in a fiery shootout (see December 8, 1984). The Coates book, checked out from a library in Kingman, Arizona, by McVeigh, was found among other evidence seized from the Kansas home of his co-conspirator, Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995). A Kingman librarian says the book has been overdue for so long that it was purged from the library’s computer database. A person closely involved in the case tells a reporter that McVeigh had cited Chapter 2 of the Coates book, which describes how The Order grew from a small collection of bumblers into a heavily armed, well-financed terrorist cadre that used the proceeds of crimes to funnel hundreds of thousands of dollars to other far-right groups and buy land, guns, vehicles, and guard dogs. As for The Turner Diaries, a person involved in the case calls it McVeigh’s “Bible.” The Order viewed the Pierce novel as required reading, and used the exploits of the white supremacists in it to inspire and guide their own criminal activities. The Oklahoma City bombing closely mirrors the bombing of FBI headquarters in the Pierce novel; in the book, white revolutionaries use a truck filled with an explosive combination of fertilizer and fuel oil to destroy the building. The book calls the FBI bombing “propaganda of the deed,” an exemplary act meant to inspire others to strike their own blows. The McVeigh and Nichols indictments cite the two books, along with a prepaid telephone card issued by The Spotlight, an anti-Semitic newspaper issued by the white supremacist Liberty Lobby (see August 1994). According to Nichols’s defense team, Nichols had withdrawn from the bomb plot in March 1995 (see March 1995 and May 25 - June 2, 1995), and McVeigh showed close friends the copy of the Coates book, directing them to read the chapter on The Order, in what they say was an attempt to solicit others to help him carry out the bomb plot. [New York Times, 8/21/1995]
Prosecutors in the Oklahoma City bombing investigation (see 8:35 a.m. - 9:02 a.m. April 19, 1995) consider using an obscure charge, “misprison of felony,” to force others who may have knowledge of the bombing plot to come forward. Investigators are sure that only two men, Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and 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 June 23, 1995), are primarily responsible for the bombing. However, they suspect that a number of friends and associates of the two men may have known something of the bombing plot before it was carried out. If someone did know of the plot, and failed to warn authorities beforehand, the charge may apply. One person close to McVeigh, state witness Michael Fortier (see August 8, 1995), faces the charge. The charge brings a three-year prison sentence and a $500 fine upon conviction. One person of interest is the alleged associate of McVeigh and Nichols who they believe actually carried out a November 1994 robbery in Arkansas (see November 5, 1994); the proceeds from that robbery were used to fund the bombing. Press reports say that while the FBI believes it knows who the robber is, the bureau lacks the evidence to bring charges. The question of the unidentified severed leg found in the rubble of the destroyed Murrah Federal Building (see August 7, 1995) also indicates that others may have been involved in the bombing. And investigators say they want to know more about a small trailer hitched to the Ryder truck McVeigh used to transport the bomb to Oklahoma City (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Former federal prosecutor Robert G. McCampbell says charging friends or acquaintances of suspects with misprision of felony would be highly unusual: “It is exceedingly rare that a charge of misprision of felony would be brought, but not unheard of,” he says. “But in a case of overwhelming importance, maybe you prosecute it.” Legal experts also believe that investigators may use the threat of the charge to compel cooperation. New York defense lawyer Michael Kennedy, who has represented Mafia members, says: “When the government casts this net, they’re saying, ‘We want to get everybody who knew about this.’ Their hope, in this regard, is that people will read about this, say to themselves, ‘I knew about it, and if I don’t come forward, it will be too late for me to improve my position.’ They hope that some others will come forward.… They say, ‘Tell us what you know, or we’re going to nail you.’ They attempt, by dint of their force, to make the guy come forward to tell what he knew.” Former New York Police Commissioner Raymond W. Kelly, who oversaw the 1993 World Trade Center bombing investigation (see February 26, 1993), says, “It’s a standard investigative technique.” The threat of such charges “gets a very strong message out” to “prevent further acts like that.” [New York Times, 8/29/1995]
Lawyers for Terry Nichols, accused of conspiring with Timothy McVeigh to bomb a federal building in Oklahoma City (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), say that the government’s case against Nichols is built on a series of innocent coincidences, and accuse the FBI of unfairly pressuring Nichols’s family for information. Nichols’s lawyer Michael Tigar and others on the defense team meet with US Attorney Patrick Ryan and Justice Department officials to argue that the government should not seek the death penalty against their client (see July 11-13, 1995). After the closed-door meeting, Tigar tells reporters that the FBI improperly recorded over 20 conversations Nichols had, including telephone conversations with his wife and mother, after his arrest (see 3:15 p.m. and After, April 21-22, 1995). “We’ve already seen the results of the government’s search warrants, the many tape-recorded conversations that were surreptitiously recorded without his knowledge,” Tigar says. “In short, we’ve seen it all. And we didn’t see anything in there that says the government has evidence that Terry Nichols did this.” Nichols, Tigar says, is an innocent victim of circumstance.
'Reasonable' Explanations - Tigar says that Nichols has reasonable explanations for using false names to rent two storage units in Kansas in the months before the bombing. According to these explanations, Nichols left his job as a farm worker in Marion, Kansas, on September 30, 1994 (see (September 30, 1994)), and had nowhere to live. He needed somewhere to store his household goods until he could find another place to live. He stored some of his goods in a storage unit rented under the alias “Shawn Rivers”; though authorities say Nichols rented the storage unit under the alias, Nichols says that McVeigh rented the unit (see September 22, 1994; Nichols may have rented a separate unit for his goods). Nichols kept his furniture and other items in that locker until October, when he rented two units in Council Grove, Kansas, under the names “Joe Kyle” (see October 17, 1994) and “Ted Parker” (see November 7, 1994). Nichols, according to Tigar, used the false names because he had an outstanding civil judgment on his credit card debts and wanted to prevent seizure of his possessions. Tigar also has an alternate explanation for a letter Nichols left behind him when he traveled to the Philippines (see November 5, 1994 - Early January 1995): the letter, which was to be opened only in the case of Nichols’s death, instructed McVeigh to clean everything out of one unit and liquidate the other. But Nichols’s lawyers now say these instructions contained an additional phrase, not previously disclosed by the government: “or you will have to pay extra months rent.” Nichols, according to Tigar, wanted McVeigh to sell his goods and give the proceeds to his family if for some reason he did not return from the Philippines. Instead, Nichols removed the goods from the unit when he bought a house in Herington, Kansas, in early 1995 (see (February 20, 1995)). Tigar says that Nichols had grown disaffected with McVeigh, and the more he learned of McVeigh’s proclivity towards violence, the less he wanted to have dealings with him. Nichols wanted to go into business as a gun dealer for himself, Tigar says: He had business cards and mailing labels printed in his own name, rented a mailbox under his name, registered with the state of Kansas so he could collect sales tax, and bought a license plate and insurance for his truck (see May 25 - June 2, 1995). Everything found in Nichols’s home and garage, Tigar claims, was for use in Nichols’s business. The fuel meter found in Nichols’s home, described by investigators as a device that “could be used to obtain the proper volume of diesel fuel to ammonium nitrate for a bomb,” did not work, Tigar says, and could not have been used to mix bomb ingredients. The anti-tank rocket found in Nichols’s home was, Tigar claims, an empty throw-away tube that such a rocket is packed in. The bags of fertilizer in the house were to be divided for resale in 8- and 24-ounce bottles at gun shows. The diesel fuel he bought in the days before the bombing (see April 15-16, 1995) was to fuel the diesel pickup truck he used to drive to Oklahoma City and pick up McVeigh (see April 16-17, 1995). The plastic barrels found on Nichols’s property are often used for storage and are thusly unremarkable. [New York Times, 9/7/1995; PBS Frontline, 1/22/1996]
Unreasonable Pressure - Tigar says that the pressure brought to bear on Nichols’s family members was improper and unreasonable. “To lie to Terry Nichols’s mother and say he’s not cooperating, and then to take her to the FBI office and record her as she talks to her son, I think is an outrage,” Tigar says. “To hold his wife for 34 days incommunicado and to tell her that the only way out for her husband is if she calls him up and reads to him a script written by FBI agents, I think is an outrage. Then to send his wife a Mother’s Day card signed by FBI agents saying they’re her only friends in the world and saying she should call the Kansas City field office if she ever needs to cry. What in the world are we coming to here?” The FBI also sent a Mother’s Day card to Nichols’s mother, Joyce Wilt of Lapeer, Michigan. Tigar gives reporters a copy of that card, which reads: “Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We are all here for you. If you are ever lonely, if you ever want to talk. If you ever want to cry, just call us. You are very special to us. You are a young girl caught up in something you don’t deserve to be in. We’re on your side. Think only about yourself and your kids.” [New York Times, 9/7/1995; Associated Press, 7/2/2005]
In a letter to US Attorney Patrick Ryan, Attorney General Janet Reno authorizes prosecutors to seek the death penalty against indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 4:00 p.m., April 19, 1995, July 11-13, 1995, and August 10, 1995). The prosecutors promptly inform the federal court in Oklahoma City that they will do just that. Reno overrides protests from defense lawyers asking her to disqualify herself from the proceedings; McVeigh’s lawyer, Stephen Jones, told reporters that Reno and President Clinton both said “they would seek the death penalty before they even knew who the defendants were. We will mount our attack on the obvious prejudgment of the case.” Ryan says the prosecution will seek the death penalty on four of the counts lodged against McVeigh and Nichols: first-degree murder, conspiring to use a weapon of mass destruction with death resulting, using an explosive to destroy government property with death resulting, and using a weapon of mass destruction with death resulting. He says “aggravating factors” include the maiming, disfigurement, and other injuries inflicted on many individuals and the involvement of both defendants in “acts of burglary, robbery, and theft to finance and otherwise facilitate” the bombing. Governor Frank Keating (R-OK) approves of the decision, and recently said in an interview that it was not at all unusual “to see the president and the attorney general express their outrage” when they did. “This was an enormous national tragedy of titanic proportions,” Keating said. “The question is, are these [McVeigh and Nichols] the people who did it? If not, we need to find those who did.… But we want whoever did this to be prosecuted, convicted, and executed.” [New York Times, 8/21/1995; Washington Post, 10/21/1995; Douglas O. Linder, 2001] Jones refused to take part in the panel discussions over the use of the death penalty, calling them a fraud and a sham, and saying that the process should not have been conducted by the Justice Department. [Stickney, 1996, pp. 253]
Hoppy Heidelberg. [Source: Digital Style Designs]Prosecutors in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) say that the recent dismissal of juror Hoppy Heidelberg from the investigation’s federal grand jury does not warrant throwing out indictments against the two suspects, Timothy McVeigh and Terry Nichols. Heidelberg was dismissed from the jury after disclosing information about the jury deliberations with Lawrence Myers, a reporter from Media Bypass, a magazine with ties to paramilitary groups. He also spoke to a reporter from the Daily Oklahoman. Heidelberg. a horse breeder from Blanchard, Oklahoma, told the reporters that prosecutors did not present enough evidence concerning the possibility of a larger conspiracy, and that they refused grand jury requests to interview witnesses and ask questions about such a larger conspiracy. Heidelberg may face contempt charges, as jurors are legally prohibited from revealing details of the cases they hear. Special US Attorney Sean Connelly calls Heidelberg’s concerns part of “his own conspiracy theories that predated this crime by decades.” Transcriptions from the magazine also show that Myers exaggerated and inflated Heidelberg’s complaints in the article. Heidelberg does not contend that the indictments of McVeigh and Nichols are unwarranted, though he says that he and other members of the grand jury are suspicious of the government’s case. Defense lawyers have asked that their clients have charges against them dropped because of what they call “prosecutorial misconduct” surrounding Heidelberg’s actions. Asked by reporters about charges that he is a conspiracy theorist, Heidelberg laughs and responds: “The people that know me know better. The people that don’t are going to have to wait to decide.” [New York Times, 10/14/1995; United States District Court, Western District of Oklahoma, 10/24/1995; Associated Press, 11/1/1995; Stickney, 1996, pp. 255] Heidelberg will later win a certain degree of fame as a “9/11 truther,” one of a group of theorists that believe the US government orchestrated the 9/11 attacks, or at the least were complicit in them. The article discussing Heidelberg will also cite theories saying that two separate explosions struck the Murrah Building (see After 9:02 a.m. April 19, 1995) and that an Oklahoma City police officer, Terry Yeakey, was “suicided,” i.e. murdered in a manner that appeared to be a suicide, after supposedly beginning to “express his concerns” that the government was hiding evidence of its collusion in the bombing. Yeakey’s death is one of a “slew of deaths” that have supposedly occurred to cover up the government’s role in the bombing, according to Heidelberg. Heidelberg will also release a video “proving” that the grand jury “was manipulated and obstructed” by the government. [Wendy Bird, 6/10/2008; Wide Eye Cinema, 2011]
Robert Nigh Jr. [Source: Associated Press]Defense lawyers for accused Oklahoma City bombers Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and July 11-13, 1995) ask that their clients’ trials be moved from Oklahoma due to intense media coverage from the bombing. The lawyers say that the media coverage has irredeemably tainted the jury pool. Oklahoma citizens are too close to the case, the lawyers argue, for either McVeigh or Nichols to receive a fair trial. The case is currently slated to be tried in Lawton, Oklahoma, some 85 miles away from Oklahoma City. One of McVeigh’s lawyers, Robert Nigh Jr., says: “We do not question for a moment that the people of Lawton or the people of Oklahoma are as fair as people anywhere in the country. They are simply too close in this case to determine the facts objectively.” Polls administered by two Houston researchers show that Lawton residents are far more familiar with the details of the case than residents of two other cities, Albuquerque and Kansas City, Kansas, and care more deeply about the case. All three cities are part of the Tenth Circuit. The polls say that almost half of Lawton residents have formed an opinion as to the guilt or innocence of McVeigh, and 96 percent of them believe him to be guilty. The numbers for Nichols are 30 percent and 90 percent, respectively. McVeigh’s lawyers state in a court filing: “The fevered passion of the community of Oklahoma has been escalated by local news reports concerning the case. Timothy McVeigh has been tried, convicted, and sentenced to death by the media in Oklahoma.” [New York Times, 11/22/1995; Fox News, 4/13/2005] The trial will be moved to Denver, Colorado (see February 20, 1996).
Richard P. Matsch. [Source: Washington Post]The Tenth Circuit of Appeals removes Oklahoma District Judge Wayne E. Alley from the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), and assigns US District Judge Richard P. Matsch of Denver to preside over the trial. [New York Times, 12/5/1995; Douglas O. Linder, 2001] “We conclude that a reasonable person could not help but harbor doubts about the impartiality of Judge Alley,” the court rules. [Stickney, 1996, pp. 261] Alley’s offices were damaged in the blast, as was the entire courthouse, which stands less than 1,000 feet from the Murrah Building. Alley had a staff member injured in the bombings, and at least 33 of the victims conducted business regularly in the courthouse. Some judges helped in the rescue efforts; some judges attended as many as seven funerals. An employee in the court clerk’s office lost her child in the blast, and many court employees were injured either in the blast itself or in the aftermath. Fundraising drives for the victims and their families were held in the courthouse, and a popular T-shirt being sold features a law enforcement badge and the inscription, “In Memory, April 19, 1995, Oklahoma City.” The appeals court feels Alley risks having his impartiality questioned, and notes that both prosecuting and defense attorneys have requested his removal. [Serrano, 1998, pp. 254; Douglas O. Linder, 2001] In his request for Alley’s removal, defense lawyer Stephen Jones told reporters: “Judge Alley has a distinguished military, professional, and judicial career. Anyone who appears before him has the highest respect for him personally and professionally. However, our belief is that a victim of a traumatic incident cannot sit as a judge in a trial where the person accused of creating the incident is on trial. No one of us would want to be judged by such an individual.” [New York Times, 8/23/1995] US Attorney Patrick M. Ryan also asked that Alley step aside. In court papers, Ryan noted that there was no legal requirement that he do so, but stated that “[i]t is of paramount importance that the nation have complete confidence in the integrity of the verdict ultimately reached in this case, and that partisan detractors not be permitted—however wrongly—to raise questions about judicial fairness. There is too much at stake here to risk even an erroneous reversal, with all its attendant costs to the people of the United States, and most importantly, to the victims of this terrible crime. Failure to recuse could cause delay, uncertainty, and unwarranted focus on a matter that is collateral to the overriding issue of these defendants’ guilt or innocence.” [New York Times, 9/9/1995] Alley, who unsuccessfully fought to keep the case, wrote in a court filing regarding his removal, “The judge who succeeds to this case will have to bear a dreadful burden, and I wish him or her well.” Matsch has experience in similar trials; in 1987, he presided over the civil rights trial of four members of the white supremacist group The Order, who murdered progressive radio talk show host Alan Berg (see June 18, 1984 and After). He is known as a stickler for punctuality and order in his courtroom, brooking little nonsense from lawyers on either side of the case. Morris Dees of the Southern Poverty Law Center (SPLC), which monitors white supremacist and military groups, calls Matsch’s selection “poetic justice.” Defense lawyers for both Timothy McVeigh and Terry Nichols say they are comfortable with Matsch presiding over the trials of their clients. [New York Times, 12/5/1995; Serrano, 1998, pp. 255]
Defense lawyers for indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court for broad access to government documents to support their theory that domestic or “foreign” terrorists were involved in the bombing (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After). McVeigh’s lead defense lawyer Stephen Jones files the motion, which says that the sophistication and effectiveness of the bomb lend validity to the theory that the attack was carried out by a “terrorist organization.” Jones’s filing compares the Oklahoma City bombing to 1983 bombing attacks against the US Embassy and a Marine Corps barracks in Lebanon. [Reuters, 12/22/1995]
A New York Times analysis of indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) uses an interview with FBI profiler Jack Douglas to paint a picture of McVeigh as a burgeoning serial killer. Douglas, the model for the FBI analyst in the movie The Silence of the Lambs, describes McVeigh as an underachieving loner whose stunted social development, obsessive neatness, inability to deal with his abandonment by his mother, sexual frustration, obsession with guns, and overarching alienation led him to conceive and execute a plot that killed scores of innocent people. “There are the same kind of characteristics” in McVeigh’s makeup as serial killers possess, Douglas says. “Asocial, asexual, a loner, withdrawn, from a family with problems, strong feelings of inadequacy from early in life, an underachiever.” McVeigh did well in the highly structured environment of the US Army (see March 24, 1988 - Late 1990 and January - March 1991 and After), Douglas notes, but was unable to function successfully outside of that environment (see November 1991 - Summer 1992). His lifelong obsession with guns (see 1987-1988) blended with his increasing fascination with far-right militia, white supremacist, and separatist ideologies that led him to believe the government was actively plotting to disarm and repress its citizenry. McVeigh, always fascinated with computers, used the burgeoning network of computerized bulletin boards, email clients, videotape exchanges, shortwave radio broadcasts, and other information resources to fuel his beliefs, all codified in what Times reporter John Kifner calls “a venomous novel called The Turner Diaries” (see 1978) that depicts rebel white supremacists overthrowing the federal government and committing genocide against minority citizens.
Apocalyptic World View Triggered by Events - McVeigh’s increasingly apocalyptic world view, Douglas says, led him to carry out the bomb plot, perhaps in an effort to bring about the same supremacist rebellion that The Turner Diaries depicts. The federal raids on Randy Weaver’s cabin in Ruby Ridge, Idaho (see August 31, 1992), and the Branch Davidian compound in Texas (see April 19, 1993), the passage of the Brady gun control bill (see November 30, 1993), and the birth of the paramilitary militia movement (see August 1994 - March 1995) all spurred McVeigh forward. Kifner writes: “The paramilitary movement vowed to resist the government and publish manuals on forming underground guerrilla squads. Mr. McVeigh was just a little ahead of the curve.” The final straw for McVeigh, Kifner and Douglas theorize, was the passage of the August 1994 crime bill that outlawed 19 types of semiautomatic assault weapons (see September 13, 1994). Shortly thereafter, McVeigh wrote an angry letter to his friend Michael Fortier alerting him that he intended to take some sort of “positive action” against the government (see September 13, 1994).
Shared Inadequacies - Douglas calls McVeigh’s “obsession with weapons” an “overcompensation for deep-rooted feelings of inadequacy.… They compensate for a while by talking the talk, but after a while they have to go out and do something about it. Typically the time for violence is in the mid-20s. They look in the mirror and see they’re going nowhere fast. This is an easily controlled and manipulated personality. They are looking for something to hang their hat on, some ideology. They have difficulty fitting into groups, but they are more mission-oriented, more focused.” Seattle forensic psychiatrist Kenneth Muscatel has called this type of personality disorder “Smerdyakov syndrome,” after the scorned half-brother in Dostoyevsky’s novel The Brothers Karamazov, who listens to the other brothers inveigh against their father until, finally, he murders the father. Douglas notes the devoted friendship between McVeigh and indicted co-conspirator Terry Nichols, another underachieving loner who did well in the Army. “These two are birds of a feather,” Douglas says. “Each feeds off the other’s inadequacies.” Of McVeigh, Douglas says: “These people are comfortable in a structured environment, they do very well. But outside of a structured environment, without that rigidity, he just can’t survive. On the other hand, he’s probably doing fine now in jail. I bet they would say he’s a model prisoner.”
'Red Dawn' and the Militia Movement - McVeigh’s favorite movie is, by all accounts, a 1984 film called Red Dawn that depicts a group of Texas high school football players banding together to defeat an invasion of Soviet paratroopers. The “Wolverines,” as the footballers term themselves, transform themselves into a polished, lethal guerrilla force. The film contains a number of tropes that resonate with McVeigh and other militia sympathizers: the use of gun-registration forms to enable the Soviet invasion, political leaders eager to betray the American citizenry they represent, and others. The film is a cult classic among militia members. Along with another extraordinarily popular series of movies, the Rambo films, Red Dawn expresses what sociologist James William Gibson has noted is a new perspective on military veterans and popular culture; whereas traditional war movies show raw recruits uniting to battle an evil enemy on behalf of a just national cause, post-Vietnam movies such as Red Dawn and the Rambo films popularize the archetype of an alienated loner or small band of outlaws, betrayed by their own government and fighting for their view of the American ideal as renegades. Another favorite film of McVeigh’s is a very different offering, the 1985 black comedy Brazil, which depicts an Orwellian future dominated by an all-powerful bureaucracy. Actor Robert DeNiro plays a commando-like “outlaw repairman”; his character’s name is “Tuttle,” one of the aliases used by McVeigh (see April 19, 1993 and After, October 12, 1993 - January 1994, December 1993, February - July 1994, and May 12, 1995). The last movie McVeigh rented before the Oklahoma City bombing was Blown Away, the tale of a mad bomber.
'The Turner Diaries', Gun Regulation, and the Militia Movement - Kifner notes that much has been made of McVeigh’s fascination with William Pierce’s novel The Turner Diaries. McVeigh was an avid reader, paging through mercenary and gun magazines, white supremacist and anti-Semitic newsletters and fliers, and an array of apocalyptic and war novels. One of the more unusual works found in McVeigh’s possessions is a document titled “Operation Vampire Killer 2000,” written by militia leader Jack McLamb and predicting a “globalist,” “New World Order” (see September 11, 1990) takeover of the US by “the year 2000.” The document names the plotters against American democracy as, among others, the Order of the Illuminati, international bankers, the United Nations, the “Rothschild Dynasty,” the Internal Revenue Service, CBS News, Communists, the Yale secret society Skull and Bones, “humanist wackos,” and, possibly, aliens from outer space in Unidentified Flying Objects. McLamb writes: “For the World Elite to truly enjoy their ‘utopian’ Socialist Society, the subject masses must not have the means to protect themselves against more ‘voluntary compliance.’ When one grasps this logical position, there is no longer any question about it: THE GUNS WILL HAVE TO GO.” But The Turner Diaries was, according to one person involved in the investigation, McVeigh’s “Bible” (see August 20, 1995). As with so much of McVeigh’s reading material, Turner posited the forcible confiscation of citizen-owned guns by the US government as the presage to tyranny. In a book on the paramilitary movement, Kenneth Stern wrote: “Those who would regulate guns were cast as tyrants who were coming for people’s guns first. The government had to disarm citizens in order to subjugate them. The United Nations could march in and take over America; loyal Americans could be sent to concentration camps.” Both McVeigh and the paramilitary movement were “developing in the same time line,” Stern tells Kifner. “I would date the first functioning militia as February of 1994 in Montana, and then spreading to Michigan and other places” (see October 12, 1993 - January 1994). McVeigh and Nichols were apparently influenced by the writings of former Ku Klux Klan leader Louis Beam, who advocated a “leaderless resistance” of tiny, independent cells that “state tyranny” would find more difficult to control (see February 1992). “No one need issue an order to anyone,” Beam wrotes. “These idealists truly committed to the cause of freedom will act when they feel the time is ripe, or will take their cues from others who proceed them.” In Pierce’s novel, a bombing almost exactly like the Oklahoma City blast is carried out by the novel’s hero Earl Turner; the novel’s bombing destroys the FBI headquarters in Washington and inspires a nationwide revolt by white supremacists against the “tyrannical” government. It is conceivable, Kifner concludes, that McVeigh’s bomb was intended to strike the same sort of blow, and perhaps evoke the same results. [New York Times, 12/31/1995]
Entity Tags: Kenneth Muscatel, James William Gibson, Jack McLamb, Federal Bureau of Investigation, John Kifner, Timothy James McVeigh, Randy Weaver, Louis R. Beam, Jr, Michael Joseph Fortier, Terry Lynn Nichols, New York Times, John E. (“Jack”) Douglas, Kenneth Stern
Timeline Tags: US Domestic Terrorism
The defense in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) presents evidence in one of the hearings conducted to consider a change of venue in the trial (see November 21, 1995). The hearing takes place at the Oklahoma City courthouse; McVeigh has been brought from his cell at the El Reno federal detention facility to take part, though he says nothing during the proceedings. The defense plays clips from television news broadcasts, some of which contain erroneous information; footage of tearful calls for McVeigh and his accomplice Terry Nichols to be executed; coverage of memorial services for the victims of the bombing; and promises by President Clinton, Attorney General Janet Reno, and Oklahoma Governor Frank Keating that the death penalty would be sought. In the back of the courtroom, victims’ family members begin weeping. An Associated Press report by Paul Queary notes that McVeigh “smiled” as the films were shown; Los Angeles Times reporter Richard A. Serrano will write that McVeigh “appeared relaxed and at ease in court.” The reports anger McVeigh’s sister Jennifer, who has driven from Pendleton, New York, to be with her brother in court. She later says: “He wasn’t smiling in reference to anything. He was smiling at me. And you know that if he wasn’t smiling, they’d criticize him and if he was smiling, they’d criticize him. You know what happened the last time when he wasn’t smiling.” She is referring to the iconic image of a grim-looking McVeigh squinting as he is “perp walked” on the day of his arrest (see April 21, 1995). Jennifer tells reporters after the hearing: “No matter what, he’s still my brother and I’m still going to be there for him. He’s just a normal person. He’s not this evil thing they’ve painted him.” She visits him at the city jail before returning to her hotel room and calling her father in Pendleton. She will begin the long drive back to Pendleton a few days later. [Stickney, 1996, pp. 268-270]
Judge Richard Matsch (see December 1, 1995), citing the defendants’ right to an impartial jury in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and November 21, 1995), moves the trial from Oklahoma City to Denver, Colorado. Matsch is the Chief Judge of the Federal District Court in Colorado, and is essentially moving the case to his “home” courtroom. Matsch rules that because of intensive negative media coverage of the bombing, neither Timothy McVeigh nor Terry Nichols can receive fair trials in Oklahoma City. “This court… concludes that there is so great a prejudice against these two defendants in the State of Oklahoma that they cannot obtain a fair and impartial trial at any place… in that state,” Matsch writes. McVeigh and Nichols have been “demonized” in the press, he continues. “The intensity of the humanization of the victims in the public mind is in sharp contrast with the prevalent portrayals of the defendants.… [T]he interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court’s obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements.” McVeigh’s attorney, Stephen Jones, says, “The judge examined all the evidence and saw that Oklahoma sees itself as the victims and that makes it difficult to get a fair trial here.” Prosecutors agreed that Oklahoma City was not the proper venue for the trial, but had asked that the trial be moved to Tulsa, only two hours from Oklahoma City; US Attorney Patrick Ryan, newly appointed by President Clinton to represent the Oklahoma City district, argued that moving the trial would present an undue hardship on the families of the victims who want to observe the trial. Attorney General Janet Reno says the government “does not have the right” to appeal Matsch’s decision and therefore is ready to move to trial “expeditiously.” Reno says the Justice Department would “pursue every means available to provide survivors and loved ones with an opportunity to observe and follow events in the courtroom.” Kathleen Treanor, who lost her daughter and her in-laws in the bombing, is angry with the decision, saying she had intended to go to the trials: “It stinks. Judge Matsch will not have to give up his bed or leave his home. He is inconvenienced in no way. I lost my only daughter and I won’t be able to afford to go.” But Toby Thompson, who lost his brother in the bombing, says: “It is very important that the trial be squeaky clean. If moving it to Nova Scotia would ensure that I wouldn’t have to go through it twice, that would be fine with me.” Legal experts say Matsch made the decision in order to obviate any possibility that the defense would use the venue of the trial as the basis for a possible appeal. Governor Frank Keating (R-OK) criticizes the decision, saying Matsch moved the trial to Denver “for his personal comfort.… It is easier for him to go home and sleep in his own bed. That’s what his decision says to the hundreds and thousands of people impacted in this bombing. Its wrong on the facts and it’s wrong on the law.” Keating says he will coordinate with Governor Roy Romer (D-CO) and Denver Mayor Wellington Webb, as well as the federal government, to fund transport and housing for relatives and friends of the victims who wish to attend the trials. [Washington Post, 2/21/1996; New York Times, 2/21/1996; Serrano, 1998, pp. 256; Douglas O. Linder, 2001] Chicago jury consultant Joe Guaftaferro says of the venue change: “Colorado, from a jury perspective, could be risky. There’s a lot of white supremacists in those hills.” Public affairs law professor Rita Simon, an expert on the effects of publicity on a jury, says she agrees with Matsch’s decision, and adds, “With proper instruction, jurors could put aside any pretrial prejudice they may have picked up as a result of publicity about the case.” [New York Times, 2/22/1996]
Entity Tags: Patrick M. Ryan, Kathleen Treanor, Janet Reno, Frank Keating, Wellington Webb, Toby Thompson, Timothy James McVeigh, Terry Lynn Nichols, Roy Romer, Joe Guaftaferro, Rita J. Simon, Richard P. Matsch, Stephen Jones
Timeline Tags: US Domestic Terrorism
Timothy McVeigh and Terry Nichols, accused of carrying out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), are moved to a jail in Englewood, Colorado, in preparation for their upcoming trials. The two are flown into the Jefferson County Airport northwest of Denver in a Defense Department jet and then transferred to a helicopter, presumably for a flight to the federal prison in Englewood. Heavily armed guards seal the area as the two are transferred to the helicopter. [Associated Press, 3/31/1996; Fox News, 4/13/2005] McVeigh and Nichols will be tried in Denver (see February 20, 1996).
Stephen Jones, the lead defense lawyer for indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), asks the court to provide him with classified documents from the CIA, Defense Intelligence Agency, and National Security Agency. The documents concern terrorist groups in Iraq, Iran, the Sudan, Great Britain, and Germany. In a sealed document not given to the prosecution, Jones tells Judge Richard P. Matsch that he has evidence from several confidential sources that the bombing was financed and carried out by a foreign terrorist group, and he wants the documents to prove that allegation. Prosecution member Beth Wilkinson calls the defense request “speculative and over-broad.” Federal officials say they do not believe the files will help the defense exonerate either McVeigh or his co-conspirator Terry Nichols, Wilkinson says, and adds that after April 21, 1995, when McVeigh was arrested (see April 21, 1995), the intelligence agencies had no role in the criminal investigation. “It is the government’s position that the bomb cost the defendants less than $1,000 to put together,” Wilkinson says. “They didn’t need a foreign government to finance the bombing.” Wilkinson says that the prosecution has already given Jones and Nichols’s lawyers an enormous amount of documents, including videotapes, photographs, laboratory reports, telephone and hotel records, and witness statements. Wilkinson says Jones’s attempts to get classified information are “effort[s] to investigate where the government stopped its investigation” of a possible overseas connection to the bombing. If the government were to allow Jones to review all its unrelated files, she says, “we would be here for years.” Matsch says he will read the request, but gives no indication as to how he will rule. Jones has also asked for documentation of accusations made by FBI forensic specialist Frederic Whitehurst, who has said that FBI scientists have not always handled evidence properly (see January 27, 1997). A Justice Department memo indicates that one of the FBI explosive experts who handled evidence in the Oklahoma City bombing case has been criticized by Whitehurst. Wilkinson says the government will turn over all pertinent information about Whitehurst’s complaints to the defense. [New York Times, 4/10/1996] Matsch will rule against the request. [Reuters, 4/30/1996]
ABC News airs a documentary on the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), entitled Rage and Betrayal: The Lives of Tim McVeigh and Terry Nichols. McVeigh, who is accused of actually detonating the bomb, gets the larger share of time. The documentary traces the family lives of both men, portraying them as unsuccessful products of broken homes and terming them “losers.” The documentary is a bit superficial and “glib,” says New York Times reviewer Walter Goodman. Another documentary, on Dateline NBC, is perhaps less superficial, Goodman writes, but host Bill Moyers presents a stronger point of view, arguing that the bombing was a political act fueled by extremists who hate the federal government. The NBC documentary spends less time on reviewing the facts of the case and more on Moyers’s position, and on the victims’ feelings, Goodman observes. [New York Times, 4/11/1996]
Lawyers for the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) assail the prosecution’s decision to seek the death penalty against their clients. They say that Attorney General Janet Reno, who made the final decision to seek the execution of Timothy McVeigh and Terry Nichols if they are convicted (see October 20, 1995), ignored Justice Department procedures in making that decision. “The government cannot simply ignore its own rules when it decides who lives or dies,” says McVeigh’s lead lawyer, Stephen Jones. Jones accuses Reno of “categorical prejudgment” of the death penalty. Nichols’s lead lawyer, Michael Tigar, calls Reno’s decision “two-faced.” Both note that within hours of the bombing, Reno announced the government would seek to execute whoever carried out the attack (see 4:00 p.m., April 19, 1995 and April 22, 1995); rules adopted in February 1996 allow the attorney general to seek the death penalty in federal cases only after informing defense lawyers and going through a review by an in-house Death Penalty Committee. US Attorney Sean Connelly counters that when Reno announced that “she would prosecute [the bombing] to the fullest extent possible, she was not acting as a judge, she was acting as a law enforcement officer.” Defense lawyers also argue that the 1994 federal death penalty statutes are unconstitutional. Connelly retorts, “If the death penalty is not appropriate in this case, it would be hard to imagine any case where it would be.” [New York Times, 5/2/1996]
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]
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) ask the court to throw out evidence garnered against their client. Their reason: his wife, Marife Nichols, now claims she did not understand her legal rights at the time she let federal agents search her family’s home and car in Herington, Kansas. Investigators found a receipt for 2,000 pounds of ammonium nitrate, the fertilizer used in the bomb, bearing the fingerprints of Nichols’s co-conspirator Timothy McVeigh (see May 1, 1995), guns stolen in a robbery investigators believed was carried out to finance the bombing (see Before July 3, 1995), and other evidence. Nichols’s lawyer Michael Tigar says, “All consents obtained from Mrs. Nichols were tainted by oppression, coercion, intimidation, and duress.” Marife Nichols now says she spoke with FBI agents for about six hours once she and her husband went to the police station. She says she tried to cooperate with the agents because she wanted to end the questioning and go home. One of the agents, Eugene N. Thomeczek, “told me I had to tell the truth,” she says, and the other told her that if she answered, “Mr. Thomeczek will not ask questions again and again.” She says she could not go home, in part because her house was being searched, and later because she feared being harassed by reporters. She says she also wanted to retrieve $5,000 in currency, and nine gold and three silver coins she had hidden in the box springs of her mattress. All were kept in evidence and later returned to her. She and her daughter Nicole were taken to a hotel, and over the next 37 days they were moved from one hotel to another. During that time, she learned she was pregnant with her son Christian. “I felt confused,” she says. “I didn’t know what to do.” She says she did not realize that wives do not have to testify against their husbands and that she had the right to a lawyer. The lawyers also want to throw out Terry Nichols’s statements he made to the FBI during nine hours of questioning after he took his wife and young daughter to the Herington Public Safety Building (see 3:15 p.m. and After, April 21-22, 1995). Nichols was not adequately appraised of his rights, Tigar argues, and says that the information gleaned from Nichols during the interview was obtained through illegal coercion. All information obtained from Terry Nichols, Tigar argues, is “fruit of a poisoned tree” and must be thrown out. Nichols had agreed from the outset to speak to FBI agents without a lawyer present. [New York Times, 6/29/1996; Serrano, 1998, pp. 256-257] Judge Richard P. Matsch will not throw out the evidence (see August 14, 1996), saying that defense allegations of “coercion” and duplicity are false. [New York Times, 8/15/1996]
Judge Richard Matsch, presiding over the upcoming trials of accused Oklahoma City bombing suspects Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), rules that a law establishing the closed-circuit telecast of the trial is constitutional, overruling objections from defense lawyers. He later orders the telecast to be shown in a government auditorium near the Oklahoma City airport. However, in January 1997, Matsch will ban the media from covering the closed-circuit telecast. [New York Times, 7/16/1996; Fox News, 4/13/2005]
Judge Richard P. Matsch, presiding over the trials of the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), rules that statements made by Terry Nichols against co-defendant Timothy McVeigh cannot be used against McVeigh at trial. Matsch also refuses defense requests to suppress a wide array of evidence against both Nichols and McVeigh (see June 28, 1996). Prosecutor Joseph Hartzler says Matsch’s decision to retain the evidence “affirms that the federal government conducted its investigation into the Oklahoma City bombing with great care, as well as speed and skill.… The court ruled today that the government did not violate anyone’s constitutional rights, and it rejected all of the defense motions to surpress evidence. In short, every piece of evidence will be admissible.” Hartzler is not entirely accurate in his statement; Nichols’s statements against McVeigh given during Nichols’s nine-hour interrogation by FBI agents (see 3:15 p.m. and After, April 21-22, 1995) are not admissible, and the agents who interrogated Nichols cannot testify about what Nichols told them. That evidence includes Nichols’s assertion that met McVeigh in Oklahoma City on April 16, 1995, three days before the bombing, and drove McVeigh back to Kansas (see April 16-17, 1995). Nor will a jury learn that Nichols told agents he lent McVeigh his pickup truck on April 18, the day prosecutors say the two assembled the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). [New York Times, 8/15/1996]
Author Brandon M. Stickney, a reporter for the Lockport Union-Sun & Journal in upstate New York, catalogs a number of unproven and sometimes extremist conspiracy theories that have sprouted in the aftermath of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Stickney includes his findings in his “unauthorized biography” of accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), All-American Monster. Among the theories Stickney presents:
The bombing was carried out by the Japanese. This theory was promulgated by Michigan Militia leaders Norm Olson and Ray Southwell (see April 1994), and proved so embarrassing for the two that they resigned their posts.
Both the Oklahoma City bombing and the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After) were engineered by Clinton administration personnel in order to kill two former bodyguards of President Clinton who were preparing to go public with lurid tales of Clinton’s sexual transgressions. Secret Service agent Alan Wicher was killed in Oklahoma, and BATF agent Robert William was killed at Waco. Clinton attended Wicher’s funeral, and William had worked for the BATF in Little Rock while Clinton was governor of Arkansas. Idaho resident Bill Trowbridge told an Associated Press reporter after a militia meeting: “[T]hat makes four different bodyguards killed. Three in Waco, and this one. Sure did benefit Bill Clinton, didn’t it? Check that out.”
The UN participated in the bombing plot. This theory has been promoted by the John Birch Society (see March 10, 1961 and December 2011), the editors of the white-separatist magazine The Spotlight, and other organizations and groups that have warned about a partnership between the UN and the US government to impose tyranny and martial law on American citizens, as part of the imposition of what they call the “New World Order” (see September 11, 1990). Gate Keepers information service representative Pam Beesley told an AP reporter that “this is what the UN does when they go in and overthrow a country. They produce unrest in the country first.”
The bomb was an “electrodynamic gaseous fuel device” impossible for amateurs like McVeigh and his accomplice Terry Nichols to have made. Instead, it must have been made by US officials possessed of “high-level, top-secret” information. This theory came from former FBI agent Ted Gunderson, who makes regular appearances in The Spotlight. According to Gunderson, “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) was “vaporized by design” in the blast, and McVeigh was a “throwaway” or an “expendable asset.”
Two bombs, not one, destroyed the Murrah Federal Building. It is true that two “incidents” were recorded at 9:02 a.m. on April 19, 1995, 11.9 seconds apart, but, according to Oklahoma chief geophysicist James Lawson, the second tremor was not caused by a second bomb, but by the building collapsing (see After 9:02 a.m. April 19, 1995). Lawson told the AP he still gets calls from people demanding to know about the “second explosion.” “A lot of them are anxious to explain to me that our government committed mass murder,” he said. “They are disappointed that I’m not saying it was two blasts.”
Stickney writes that many people have told him flatly that “they know” the government caused the bombing, and writes: “No matter what I told them, or for how long I tried to tell it, they would not change their minds that the government was involved. Distrust in public officials has reached the point of delusion, where Americans create their own explanations they cannot understand. One of the people who spoke with me went so far as to say he’d obtained a photograph of the bombed-out Murrah (ordered through a late-night AM radio show) that ‘proves two bombs were set off. McVeigh was led to Oklahoma by his nose, by the government.’” A video titled Oklahoma City: What Really Happened sells well at gun shows and through militia magazines and Web sites. On the box, it poses the questions: “Was there more than one bomb?” “What happened to John Doe No. 2?” “Was there a Middle Eastern connection?” and “Did some occupants of the building have prior warning?” [Stickney, 1996, pp. 265-267]
Entity Tags: United Nations, Timothy James McVeigh, Ted Gunderson, William Jefferson (“Bill”) Clinton, Ray Southwell, Clinton administration, James Lawson, Brandon M. Stickney, Alan Wicher, Bill Trowbridge, Robert William, Terry Lynn Nichols, Pam Beesley, Norman (“Norm”) Olson, John Birch Society
Timeline Tags: US Domestic Terrorism
The press learns that FBI agents found a hand-drawn map of Oklahoma City’s Murrah Federal Building during a search of accused co-conspirator Terry Nichols’s Herington, Kansas, property (see 3:15 p.m. and After, April 21-22, 1995). Nichols is accused of conspiring with Timothy McVeigh to bomb the building (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). On the map, reports say, is one street labeled as an escape route from the bomb site to a point north of a nearby YMCA, where McVeigh’s getaway car is believed to have been parked (see April 13, 1995). Nichols’s lawyers, under instructions from the judge not to discuss details of evidence not disclosed in court, refuse to confirm or deny the existence of such a document. A source close to the investigation confirms the map’s existence. [New York Times, 9/10/1996]
Judge Richard P. Matsch, presiding over the upcoming trials of accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), upholds the charges against the two men. Defense lawyers had asked that the indictments against their clients be set aside because, they argued, federal laws making it a crime to use a weapon like a truck bomb to kill people and damage US property are unconstitutional. Such laws exceed Congress’s power to regulate interstate commerce, they argued, using as precedent a 1995 Supreme Court decision that invalidated the Gun-Free Schools Act of 1990, a law that would have made it a federal crime to possess a gun within 1,000 feet of of a school’s grounds. The Court found that the gun law, based on the concept of regulating interstate commerce, infringed on state and local control of schools. Matsch refuses to apply this reasoning to the Oklahoma City case; the charges McVeigh and Nichols face center on the deaths of eight federal workers in the blast. (They will face some 160 counts of murder and related charges from Oklahoma after their federal trials conclude.) Matsch rules that “the impact on interstate commerce is both obvious and substantial” if the evidence in the indictment is proved at trial. “The use of a truck bomb of sufficient explosive power to destroy an office building, killing and injuring hundreds of its occupants, has a substantial effect on interstate commerce. That effect is even more apparent and substantial when the building is owned by the national Government and houses the employees of many of its agencies. An attack on such a building and the people in it by placement of a bomb in a truck in front of it produces consequences ranging far beyond state or local interests.” It is up to the prosecution to prove a willful participation in an agreement to use a bomb in a truck as a weapon to attack the federal building and the people in it. [New York Times, 9/10/1996]
Judge Richard P. Matsch, presiding over the upcoming trials of accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), refuses to allow prosecutors to use the results of a bomb test using a device similar to the one McVeigh is accused of using to destroy the Murrah Federal Building and kill 168 people. Prosecutors signed a written agreement with the defense in September 1995 assuring defense counsel that they would receive written notice of tests of explosive devices containing ammonium nitrate. In June 1996, the British government conducted a test explosion of a 5,000-pound ammonium nitrate bomb in Soccoro, New Mexico. FBI agents had free access to the site, but experts for the defense were kept more than a mile away, “so far it took eight seconds for the sound of the blast to get there,” according to a complaint from Nichols’s legal team. “That is not meaningful observation.” Prosecutors say the test bombing was not intended to be a replica of the Oklahoma City blast, and that lawyers for the defense had been provided with photographs, videotapes, and all data from the tests, in which the impact of the bomb on vehicles, street signs, and other items was tested. However, Matsch says that is not enough. “I’m going to enforce the agreement,” he rules. The defense was not given equal access, so prosecution experts cannot use the test results at trial. [New York Times, 10/5/1996]
Accused Oklahoma City bombers Timothy McVeigh, left, and Terry Nichols look on as Judge Richard Matsch orders their trials to be severed. [Source: The Oklahoman]Judge Richard Matsch orders separate trials for accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), in a ruling considered a victory for the defense. McVeigh will be tried first. Both defendants’ lawyers argued that to try the two men together would irreparably harm their right to receive fair trials. McVeigh’s lawyers, Stephen Jones and Robert Nigh Jr., wrote in a filing, “The government envisions a trial in which the actions and statements of Terry Nichols become indistinguishable from the actions of Timothy McVeigh.” And Nichols’s lead lawyer Michael Tigar argued that Nichols “stands in serious risk of being found guilty by ‘mass application’ if he was tried jointly with Mr. McVeigh.” Matsch rules that McVeigh could be harmed by introduction of statements made by Nichols implicating him in the bombing, and the defense’s inability to cross-examine Nichols if Nichols were to exercise his right to avoid self-incrimination. “The court cannot save a joint trial by sacrificing the interests of one defendant to protect the other,” Matsch rules. “Timothy McVeigh will be profoundly prejudiced by a joint trial in this case. His lawyers cannot question Terry Nichols or cross-examine the FBI agents on what they say Terry Nichols said. In short, Timothy McVeigh may be caught in cross-fire.” Tigar says after the ruling, “A separate trial will force the government to prove its case against Mr. Nichols, rather than merely rely on guilt by association and spillover prejudice from the case against Mr. McVeigh.” [New York Times, 9/8/1996; New York Times, 10/26/1996; Douglas O. Linder, 2001] Prosecutor Sean Connelly, presenting the government’s desire for a single joint trial, has told Matsch: “The proof will be unified: McVeigh and Nichols, Nichols and McVeigh, every step of the way.” [New York Times, 10/4/1996] Joseph Hartzler leads the team of attorneys prosecuting McVeigh (see May 22, 1995). [TruTV, 2/2009]
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]
Defense lawyers in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) seek to suppress the testimony of nine prosecution witnesses. Some of these witnesses are publicly identified for the first time, disclosed in court papers filed by the lawyers for defendants Timothy McVeigh and Terry Nichols. McVeigh’s trial is slated to begin in March. Some of the newly identified witnesses are:
Fred Skrdla, who worked at a gasoline station in Billings, Oklahoma, some 80 miles north of Oklahoma City, on the day of the bombing. Skrdla remembers a man driving a large Ryder truck (see April 15, 1995) buying gasoline between 1 a.m. and 3 a.m (see (1:00 a.m.) April 19, 1995). The man paid cash. Skrdla says he was busy and does not remember if the man was alone or had company. When he saw composite drawings of “John Doe No. 1” and “John Doe No. 2” (see April 20, 1995), he recognized one of them as the man who bought the gasoline. When he saw television coverage of McVeigh being “perp walked” out of the Noble County Courthouse in Perry, Oklahoma (see April 21, 1995), he became sure that the man he saw paying for the gasoline was McVeigh.
William Dunlap, who took his wife to work in Oklahoma City on the day of the bombing. Minutes before the bomb detonated in front of the Murrah Federal Building, Dunlap told FBI investigators, he drove past the building and noticed a Ryder truck parked in front of it. Dunlap said he saw a white man get out of the truck and walk to the rear of it. Dunlap said the man wore jeans, was in his mid- to late 20s, had “clean-cut” hair, a “medium” complexion, a slight build, and was between 5’8” and 5’9” tall. McVeigh is 6’2”. Dunlap told investigators he thought the man might have been McVeigh, but he was not certain.
Stephen Jones, McVeigh’s lead lawyer, says the “saturation” news coverage of the crime and the arrests has “tainted” the ability of Skrdla, Dunlap, and the other witnesses to make accurate identifications of the person or persons they believe they saw. Jones cites information given to the FBI by David Ferris, a Junction City, Kansas, taxi driver who talked about a passenger he had on April 17, two days before the bombing. In early interviews, Ferris did not say that any of the passengers he had looked like McVeigh, and denied taking any passengers to the McDonald’s restaurant on South Washington Boulevard that day, where the investigators are sure McVeigh went (see May 9, 1997). Interviewers’ notes show that Ferris became emotional during the questioning, and tearfully said he “never picked up McVeigh.” The next day, however, Ferris changed his story, saying he took a man resembling McVeigh to the McDonald’s in question between 3:30 and 4:00 p.m. on April 17. Ferris told agents that he had seen McVeigh’s picture on television and was “scared and panicked” after realizing who he was. Jones also contends that identifications of McVeigh by Eldon Elliott and Tom Kessinger, who rented the truck to McVeigh, were tainted by television news coverage of McVeigh; by the time Elliott and Kessinger made their identifications, Jones says, McVeigh’s face was so familiar “monks living on the mountainside in Tibet could have made the same identification.” Nichols’s lead lawyer, Michael Tigar, is attempting to suppress identification by an unnamed witness or witnesses who worked at the Mid-Kansas Cooperative in McPherson and, prosecutors say, sold fertilizer to McVeigh and Nichols (see September 23, 1994, September 30, 1994, and October 18, 1994). [New York Times, 1/13/1997] Judge Richard P. Matsch refuses to bar the witnesses’ testimonies. [New York Times, 2/21/1997]
Entity Tags: Fred Skrdla, Federal Bureau of Investigation, David Ferris, William Dunlap, Tom Kessinger, Timothy James McVeigh, Terry Lynn Nichols, Richard P. Matsch, Stephen Jones, Michael E. Tigar, Eldon Elliott
Timeline Tags: US Domestic Terrorism
Federal officials state that the circulation of a sketch identified as “John Doe No. 2” (see April 20, 1995), a man once believed to have had some connection with accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), was a mistake. The person, described as short, stocky, thick-necked, and olive-skinned, was misidentified by a witness who gave an incorrect recollection to federal investigators. Prosecutors say that while the possibility exists that others besides McVeigh and Terry Nichols were involved in the bombing, they have no physical descriptions to give to the public. Prosecutors identify the man in the “John Doe No. 2” sketch as Private Todd Bunting, an Army soldier stationed at Fort Riley, Kansas, near Junction City, Kansas, where McVeigh rented a Ryder truck used in the bombing (see April 15, 1995). Bunting entered the same Ryder rental office on April 18, a day after McVeigh entered the office. The sketch is based on the recollections of Tom Kessinger, a mechanic in the truck rental office. He and two other employees identified McVeigh from the sketch, but Kessinger’s recollection of “John Doe No. 2” as a man accompanying McVeigh was not supported by the others. McVeigh’s lawyer Stephen Jones says that because of the misidentification of Bunting, all the identifications of all the Ryder clerks must be thrown out. “I don’t think any of those identifications are now safe,” Jones says. Bunting is 5’11”, 200 pounds, muscular and stocky, with dark brown hair, a wide, square chin, and relatively dark skin. On April 18, he accompanied Sergeant Michael Hertig, another Fort Riley soldier, to pick up a truck that Hertig had reserved five days before. Prosecutors believe Kessinger, pressured by investigators, became confused in his recollections and mistakenly identified Bunting as accompanying McVeigh and not Hertig. On November 22, 1996, Kessinger positively identified Bunting as “John Doe No. 2.” He also says he is now unsure that McVeigh was with anyone when he came to rent the Ryder truck. The other Ryder clerks, Vicki Beemer and Eldon Elliott (see 3:00 - 5:00 p.m. April 17, 1995), have said that they believe McVeigh was with another man, but cannot recall what that man looks like. [New York Times, 1/30/1997]
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
The FBI is now seeking Robert Jacques, whom it believes sought a remote hideout in the Ozark mountains of Missouri with the two Oklahoma City bombing suspects, Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). The FBI wants to question Jacques to help agents reconstruct McVeigh’s and Nichols’s activities before the bombing. Missouri real estate broker William Maloney tells CNN that in the fall of 1994, Jacques visited his office with Nichols and a man named Tim. Maloney says that several months earlier he got a phone inquiry about land and asked the caller’s name. According to Maloney, “He says ‘McVeigh,’ and I said, ‘M-C-V-E-Y’ and he said, ‘That’s close enough.’” [New York Times, 3/10/1997]
The Justice Department inspector general releases a report criticizing the FBI’s practices at its crime laboratory that may cast doubts on evidence to be presented in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). The report, issued after an 18-month investigation of the laboratory, includes questions about the handling of evidence relating to the Oklahoma City bombing, including the size and composition of the bomb, and of chemical residues found on McVeigh’s clothing and on a knife he was carrying when apprehended. McVeigh’s lead lawyer, Stephen Jones, says he has always intended to challenge the integrity of the physical evidence against McVeigh. The report, prepared by the Justice Department’s inspector general, Michael R. Bromwich, finds that FBI examiner David R. Williams prepared his September 5, 1995, report on the explosives used in the Oklahoma City bombing “in a way most incriminating to the defendants” (McVeigh and co-conspirator Terry Nichols). Williams, his supervisor, and two other agents were transferred in January in response to Bromwich’s preliminary findings (see January 27, 1997). Williams has been dropped from the government’s witness list. [New York Times, 4/17/1997]
For the first day of testimony in the Timothy McVeigh trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997), prosecutor Joseph Hartzler puts on an array of victims of the Oklahoma City bombing. Cynthia Klaver, a Water Resources Board attorney who accidentally caught the sound of the explosion on tape (see 9:02 a.m. and After, April 19, 1995), is the first to testify. The first piece of evidence introduced is the copy of the violently racist novel The Turner Diaries (see 1978) that McVeigh gave to his cousin Kyle Kraus (see November 1991 - Summer 1992). During the trial, the prosecution presents an array of evidence, including computer graphics, video presentations, actual pieces of the Ryder truck used to deliver the bomb, hundreds of pages of documents, phone records and motel registration cards (see Early May 1995 and After), receipts showing the purchase of ammonium nitrate (see May 1, 1995), storage locker receipts (see May 1, 1995 and After), and a large scale model of downtown Oklahoma City, featuring a plastic replica of the Murrah Building that snaps apart. Marine Captain Michael Norfleet, whose wounds suffered in the blast forced him to retire from service, tells of his battle to escape the devastated building. Helena Garrett tells of losing her infant son Tevin in the blast; another victim testifies to seeing Garrett hysterically attempting to find her child in the fire and rubble. She recalls watching rescue workers bringing out the bodies of dead children and wrapping them in sheets. She did not find her son; rescue workers found her son’s body three days later. Hartzler also shows the jury a videotape made by a television cameraman minutes after the attack; the tape shows dazed, bloodied survivors stumbling through smoke and debris. A child’s voice can be heard crying: “Daddy! Daddy!” Many in the courtroom weep during the videotape and the victims’ testimonies, including members of the jury, prosecution lawyers, and even one of McVeigh’s lawyers. The first day of testimony establishes a pattern that will hold throughout the prosecution’s case: begin the day with technical and forensic evidence, and end with emotional testimony from witnesses, survivors, and family members of those slain in the blast. The prosecution presents more victims during the days of testimony later in the week. On the first day, and throughout the trial, McVeigh’s co-defendant, Terry Nichols, sits in the front row of the courtroom, watching the proceedings. [New York Times, 4/26/1997; Serrano, 1998, pp. 280-281]
One of the prosecution’s star witnesses in the Timothy McVeigh bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) testifies. Lori Fortier, the wife of McVeigh’s friend and fellow conspirator Michael Fortier, tells the jury that one night in October 1994, McVeigh sat in her Kingman, Arizona, living room and told her and her husband he was going to blow up the Murrah Federal Building in Oklahoma City. “He drew a diagram, just a box,” she says, “and he filled the box with [soup cans] representing barrels” (see (February 1994)). The box represented the truck he would park in front of the building, and the barrels would be filled with ammonium hydrate and anhydrous hydrazine, a chemical used in rocket fuel. She says she remembers the names of the chemicals because McVeigh borrowed her dictionary the next day to look them up. McVeigh, she says, chose the Murrah Building because it was, in his estimation, “an easy target.” Lori Fortier testifies after being given a grant of immunity (see August 8, 1995); her husband Michael, also cooperating with the investigation and slated to testify, received a plea agreement in return for his cooperation (see May 19, 1995). She also says McVeigh was furious with the federal government over the Branch Davidian tragedy (see April 19, 1993, April 19, 1993 and After, and April 24, 1995), and thought the Murrah Building was the workplace of some of the law enforcement agents involved in the Davidian standoff. She says that McVeigh’s fellow conspirator, Terry Nichols, helped McVeigh in several robberies that the two used to buy the bomb materials (see November 5, 1994), but at the last minute, McVeigh told her and her husband that “Terry wanted out and Terry did not want to mix the bomb” (see March 1995). Her husband also refused to help McVeigh in his getaway after the bombing. She recalls her husband joining McVeigh in building and exploding pipe bombs in the mountains, and remembers a September 1994 letter to her husband from McVeigh in which McVeigh “said he wanted to take action against the government” (see September 13, 1994). Weeks later, McVeigh told the Fortiers that he wanted to blow up a government building. “I think Michael told him he was crazy,” she testifies. She also remembers laminating a fake driver’s license for McVeigh with the name “Robert D. Kling,” an alias McVeigh used to rent the Ryder truck used to deliver the bomb (see Mid-March, 1995, April 15, 1995, 9:03 a.m. -- 10:17 a.m. April 19, 1995, and February 19, 1997). Asked if she feels any responsibility for the bombing, she admits, “I could have stopped it.” She says she didn’t believe McVeigh was capable of actually executing such an action. “I wish I could have stopped it now. If I could do it all over again, I would have.” Fortier holds up under four hours of harsh cross-examination by McVeigh’s lawyer Stephen Jones, who paints her as an unreliable drug addict who had hoped to profit from her and her husband’s knowledge of the bombing and continues to hammer at her over her admission that she could have called authorities and stopped the bombing. Fortier admits to using drugs, and to lying about McVeigh shortly after the attack, explaining that she did so for fear that she and her husband would be implicated. “I never had any interest in selling my story,” she says. [University of Missouri-Kansas City School of Law, 4/29/1997; New York Times, 4/30/1997; New York Times, 5/1/1997; New York Times, 5/8/1997; Serrano, 1998, pp. 284-286]
Virginia gun dealer Gregory Pfaff testifies that Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) wanted to buy detonation cord from him six months before the Murrah Building was destroyed by a bomb (see Late September or October, 1994). McVeigh was so eager to buy “det cord,” Pfaff testifies, that he offered to drive from Arizona to Virginia to pick it up. Pfaff says he met McVeigh at gun shows several times during 1992; in September or October 1994, he testifies, McVeigh called him and “asked if I could get him detonation cord.” Pfaff says that he did not sell “det cord,” a highly regulated item, but did not want to offend McVeigh, so he told him he could not ship it within the US. McVeigh then offered to come to Virginia from Arizona to pick it up. “It was an awful long way to drive,” Pfaff recalls telling McVeigh, but he says McVeigh told him “it didn’t matter, that he needed it bad.” The sale never took place. Pfaff is one of 14 prosecution witnesses to take the stand, all testifying to their knowledge of McVeigh’s bomb-construction scheme. Kyle Kraus, McVeigh’s second cousin, says McVeigh mailed him a copy of The Turner Diaries (see 1978) in 1991, while Kraus was still in high school. The novel is an inflammatory racist work that prosecutors say McVeigh used as an ideological blueprint for the bombing (see April 24, 1997). The prosecution enters the novel as Exhibit #1. Kraus, who with other witnesses testifies that McVeigh has been thinking about explosives and a racially motivated “civil war” for a long time, says that at Christmas of 1991, when McVeigh was at home on leave from the Army (see January - March 1991 and After), he asked Kraus what he thought of the book. Kraus says he told McVeigh the book was “powerful” and added that it “would be very, you know, very frightening if it really did come to this.” McVeigh told him, according to Kraus’s testimony, that “if the government continued its strong hold,” the country could face “a civil war.” Dana Rogers, the finance director of Colorado mail-order house Paladin Press, testifies that McVeigh ordered several books about weapons and explosives, including one titled “Homemade C4.” The book’s description in Paladin’s catalogue, as read by Rogers, says: “Serious survivors knew that the day may come when they need something more powerful than commercial dynamite or common improvised explosives. For blowing bridges, shattering steel, and derailing tanks, they need C-4.” The explosive is “not legally available to civilian and is hard to come by on the black market,” Rogers says; the book offers a recipe with “legal, common, and inexpensive” ingredients. Helen May Mitchell, an employee of the Clark Lumber Company in Herington, Kansas, says she rented a storage locker to a “Shawn Rivers,” who gave alleged co-conspirator Terry Nichols’s mailing address in Marion as his contact information. Though Mitchell testifies that she cannot recall what “Rivers” looked like, prosecutors say “Rivers” was another alias used by McVeigh. Robert D. Nattier, the president and general manager of the Mid-Kansas Cooperative, testifies that a man calling himself “Mike Havens” bought 2,000 pounds of ammonium nitrate fertilizer on September 30, 1994 (see September 30, 1994) and again on October 18, 1994 (see October 18, 1994) from the store in McPherson, Kansas. “Havens” has been identified as a psuedonym used by McVeigh; the McPherson store is 37 miles west of the ranch near Marion, Kansas, where Nichols worked (see (September 30, 1994)). Nattier’s testimony is bolstered by testimony from FBI agent Louis Michalko, who tells the jury of finding receipts by a “Mike Havens” for 4,000 pounds of fertilizer from the McPherson branch of the co-op (see May 1, 1995 and After). A rancher, Timothy Patrick Donahue, testifies that on Nichols’s last day of work on the ranch, September 30, 1994 (see February - September 30, 1994), he saw McVeigh standing outside Nichols’s home. That same evening, antiques dealer Marion Ogden says he saw McVeigh alone at the Nichols house, and he saw guns stored behind Nichols’s living-room sofa. Sharri Furman, an employee of the Boots-U-Store-It storage locker center in Council Grove, Kansas, testifies that a “Joe Kyle” rented a storage locker there on October 17. She cannot remember what “Kyle” looked like, but prosecutors say Nichols used the name as an alias (see October 17, 1994). She identifies Nichols as “Ted Parker,” who rented a storage unit on November 7, 1994 (see November 7, 1994). [New York Times, 5/2/1997; New York Times, 5/3/1997; Chicago Tribune, 5/3/1997]
The sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997), Jennifer McVeigh, reluctantly testifies for the prosecution under a grant of immunity. Her brother nods at her when she enters the courtroom. She tells jurors that her brother ranted against federal agents as “fascist tyrants,” and told her he intended to move from “the propaganda stage” to “the action stage” in the months before the bombing of the Oklahoma City Federal Building (see Mid-December 1994). She describes a November 1994 visit from her brother (see November 1994), in which he showed her a videotape about the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He was very angry,” she testifies. “He thought the government murdered the people there, basically, gassed and burned them.” Her brother held the Bureau of Alcohol, Tobacco and Firearms (BATF) and the FBI responsible: “I think he felt someone should be held accountable,” she says. During his visit, she says McVeigh told her he felt it necessary to do more than hand out pamphlets attacking the government. “He was not in the propaganda stage,” she says he told her. “He was now in the action stage.” He never explained what he meant by this, she says. She also reads aloud a letter he wrote to the American Legion on her word processor, in which he accused the government of drawing “first blood” in its “war” against its citizens, and said only militia groups could protect the citizenry from the government. And, after being prompted by prosecutors, she recalls driving with her brother when “Tim brought up a time when he was traveling with explosives and nearly got into an accident” (see December 18, 1994). They had been “talking about traffic jokes, accident jokes.” She recalls him talking about driving in another car with “up to 1,000 pounds” of explosives. “They were going down a hill. There was a traffic light. They couldn’t stop in time.” Her brother did not run into another car. Asked why she had not pressed her brother for more details, she replies, “I don’t think I wanted to know.” She did not see her brother again after that visit, but kept in touch with him by letters and telephone calls. He told her he had a network of friends around the country, whom she only knows by their first names: Terry (Nichols), Mike (Michael Fortier—see May 12-13, 1997), and Lori (Fortier—see April 29-30, 1997). Her brother wrote her a letter in early 1995 telling her to get in touch with the Fortiers “in case of alert.… Lori is trustworthy. Let them know who you are and why you called.” He told her not to use their home phone, as it was likely the government would be surveilling it. She testifies that after her brother left, she found another document on her computer entitled “ATF—Read,” which prosecutor Joseph Hartzler says reads as if it were meant for the BATF (see November 1994). Jennifer McVeigh testifies that she called her brother and asked him what to do with the file, and he advised her to “just leave it there.” Prosecution lawyer Beth Wilkinson reads the letter aloud. It told the BATF that its agents “will swing in the wind one day for your treasonous acts against the Constitution and the United States,” and ended: “Remember the Nuremberg trials, war trials.… Die, you spineless cowardice [sic] b_stards!” In March and April 1995, she says her brother sent her two letters, the first of which she later burned as he instructed her to in the letter. The first letter told her, “Something big is going to happen in the month of the bull,” indicating April, and advised her to stay on her “vacation longer” (Jennifer planned to go to Pensacola, Florida, for a two-week vacation beginning April 8). The second letter, dated March 25, 1995, told her not to write him after April 1, “even if it’s an emergency,” and advised her to “watch what you say.” He then sent her a third mailing with a short note and three short clippings from the racist novel The Turner Diaries (see 1978 and April 15, 1995). On April 7, the day before she went on vacation, she says she divided her brother’s belongings into two boxes, putting one into her closet and giving the other to a friend for safekeeping. After hearing of his arrest on August 21 (see April 21, 1995), she burned the Turner clippings. “I was scared,” she explains. “I heard Tim’s name announced, and I figured [the FBI would] come around sooner or later.” The FBI searched her truck and the house in Florida where she vacationed, and were waiting for her when she flew into the Buffalo, New York, airport (see April 21-23, 1995). She says she was questioned eight to nine hours a day for “eight days straight.” Agents showed her a timeline of events culminating in the Oklahoma City bombing, and threatened to charge her with an array of crimes related to her brother’s actions and her own in concealing or destroying evidence. She identifies her brother’s handwriting on an order for a book on how to make explosives, and on a business card for Paulsen’s Military Supplies where he apparently had made notations about buying TNT (see April 21, 1995). She also identifies his handwriting on the back of a copy of the Declaration of Independence found in his car after the bombing (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). It read, “Obey the Constitution of the United States, and we won’t shoot you.” Under cross-examination by her brother’s lawyers, she breaks down in tears, explaining that she agreed to testify because FBI agents “told me he was guilty [and] was going to fry.” She admits to destroying papers she thought might incriminate him, lying to FBI investigators in her first sworn statement, and resisting her parents’ claims to cooperate with the government. She says she began cooperating truthfully after FBI agents threatened to charge her with treason and other crimes that carry the death penalty. [University of Missouri-Kansas City School of Law, 5/5/1997; New York Times, 5/6/1997; New York Times, 5/7/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 284-]
Entity Tags: Lori Fortier, Beth Wilkinson, Federal Bureau of Investigation, Joseph H. Hartzler, Terry Lynn Nichols, Michael Joseph Fortier, Jennifer McVeigh, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: US Domestic Terrorism
Prosecutors in the Timothy McVeigh bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) bring on a number of witnesses that show McVeigh was the telephone caller who reserved the Ryder rental truck that carried the Oklahoma City bomb (see April 15, 1995). Both McVeigh and accused co-conspirator Terry Nichols used a telephone debit cart issued under the alias “Daryl Bridges” by The Spotlight, a racist newsletter published by the far-right Liberty Lobby (see August 1994). A telephone debit card is pre-paid and makes it difficult to put together a record of billed calls. Twenty-nine representatives from telephone companies explain how they gathered records related to the case. Frederic Dexter, a computer expert from the FBI who worked on telephone reconstructions on the Unabomber (see April 3, 1996) and World Trade Center bombing (see February 26, 1993 and February 7, 1995) cases, explains how his team had reassembled the records for 647 calls billed to the Daryl Bridges card, sifting through tens of thousands of computerized bits of data. A representative from the long-distance company Sprint tells of a call to the debit card’s toll-free number on the morning of April 14, 1995 from a pay phone in Junction City, Kansas, the same morning that someone called a Junction City truck rental office to reserve the Ryder truck that carried the bomb (see April 13, 1995). At the time, prosecutors say, McVeigh was a block away, buying a car, and had stepped out for a few minutes. The call was made at 9:54 a.m.; phone records show that only two calls came into the rental office that day, one at 9:54 a.m. and the other in the afternoon. The technical testimony is broken by the emotional testimony of a survivor of the blast, former Army Captain Lawrence Martin, who was severely injured when the bomb went off. Martin breaks down in tears while recalling the last moments of life of his friends and colleagues in the Murrah Building. [New York Times, 5/8/1997]
Prosecutors in the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) use a number of witnesses to establish a timeline leading up to McVeigh’s rental of a Ryder truck (under the alias “Robert D. Kling”—see Mid-March, 1995) that, they say, he used to bomb an Oklahoma City federal building (see April 15, 1995). Eldon Elliott, the owner of the Junction City, Kansas, truck rental agency that rented McVeigh the truck (see February 19, 1997), identifies McVeigh as the truck renter “Kling.” McVeigh’s lawyer, Stephen Jones, presses Elliott to admit that he does not remember what McVeigh was wearing the day he rented the truck, though Elliott maintains he remembers McVeigh quite clearly. Jones notes that in his initial statement to the FBI, Elliott told investigators that “Kling” was either 5’10” or 5’11” “or a little taller,” whereas McVeigh is 6’1”. Other witnesses show that a Junction City taxi took a passenger identified as McVeigh from a shopping center near the Dreamland Motel to a McDonald’s restaurant on April 17; McVeigh was staying at the Dreamland on that day (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) under the alias “Robert Kling.” Security photographs from the Junction City McDonald’s show a man closely resembling McVeigh buying a meal, and, in court, the McDonald’s manager identifies McVeigh as the customer. Prosecutors say McVeigh was in Junction City that afternoon without a car because he had parked his car the night before in Oklahoma City to use for his getaway after the blast. Another witness says he delivered an order of Chinese food ordered by “Kling” to Room 25 of the Dreamland Motel during the time McVeigh stayed in that room, though under cross-examination he says the man who accepted the food was not McVeigh. Perhaps the most memorable witness is Marife Nichols, the Filipina bride of McVeigh’s accused co-conspirator Terry Nichols (see July - December 1990). She testifies that McVeigh had stayed with her and her husband in their Marion, Kansas, home for a few days in September 1994 (see (September 30, 1994)). She testifies that on April 16, 1995, her family’s dinner was interrupted by a telephone call; her husband then left the house and did not return until the following morning. Prosecutors say that Terry Nichols drove 220 miles from their house in Herington, Kansas, to Oklahoma City, where he picked up McVeigh after McVeigh had stashed his car for his planned getaway (see April 16-17, 1995). Press reports have alleged (see February 28 - March 4, 1997) that McVeigh and Marife Nichols had an affair during the summer of 1994; lawyers do not broach the subject during the trial. [CNN, 5/9/1997; New York Times, 5/10/1997; New York Times, 5/16/1997] Marife Nichols will confirm the affair in 2004. [New York Times, 4/9/2004]
One of the star witnesses for the prosecution in the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997), McVeigh’s close friend Michael Fortier (see March 24, 1988 - Late 1990), testifies. Fortier’s wife Lori has testified previously (see April 29-30, 1997). She received a grant of immunity, and Fortier himself pled guilty to reduced charges in return for his cooperation (see May 19, 1995). Far from being boisterous and disrespectful during the trial as he once claimed he would be (see April 23 - May 6, 1995), Fortier is somber and repentant. Fortier testifies that he and McVeigh “cased” the Murrah Building in Oklahoma City several months before McVeigh bombed it (see December 16, 1994 and After), and says that McVeigh bombed the building “to cause a general uprising in America.” McVeigh originally planned to bomb the building around 11 a.m. because, Fortier testifies, “everybody would be getting ready for lunch.” Fortier says he expressed his concern that the bombing would kill many people, and McVeigh replied that he “considered all those people to be as if they were storm troopers in the movie Star Wars. They may be individually innocent, but because they are part of the evil empire they were guilty by association.” Fortier says that he sent off for a mail-order identification kit that McVeigh used to make a false driver’s license for himself. Fortier admits that he knew for months of McVeigh’s plans (see September 13, 1994 and After and September 13, 1994), and that he could have prevented the bombing with a single telephone call to law enforcement authorities: “I live with that knowledge every day,” he says. Lead prosecutor Joseph Hartzler asks Fortier why he did not make the call. Fortier replies that he has no excuse except his friendship with McVeigh, saying: “I’d known Tim for quite a while. If you don’t consider what happened in Oklahoma, Tim is a good person.” Fortier recalls going with McVeigh to Oklahoma City, where they examined the Murrah Building, and McVeigh considered a number of alternatives for delivering the bomb (see December 16, 1994 and After). Fortier testifies as to the location of the alley that McVeigh said he would use to stash his getaway car; investigators found the key to McVeigh’s rented Ryder truck (see April 15, 1995) in that alley. The trip also involved going to Junction City, Kansas, where McVeigh sold a number of stolen weapons (see November 5, 1994) in what prosecutors say was an effort to finance the bombing. Fortier testifies, “He told me they picked that building because that was where the orders for the attack on Waco came from,” referring to the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He told me—he also told me that he was wanting to blow up a building to cause a general uprising in America hopefully that would knock some people off the fence into—and urge them into taking action against the federal government.” At one point, testifying about his involvement in the case driving his father into having a nervous breakdown, Fortier weeps on the stand. McVeigh lived with the Fortiers several times in the years leading up to the bombing (see May-September 1993 and February - July 1994), he testifies. He recalls receiving a letter from McVeigh (see September 13, 1994) in which, he says: “Tim told me that him and Terry Nichols had decided to take some type of positive offensive action. He wanted to know if I wanted to partake of it.” A week later, McVeigh came back to Kingman and, Fortier recalls, “we had a conversation near my fence in my front yard. Tim was telling me what he meant by taking action. He told me that he—him and Terry were thinking of blowing up a building. He asked me to help them. I turned him down.” Later in 1994, Fortier testifies, McVeigh asked him to rent a storage locker for him somewhere outside Kingman, but Fortier told McVeigh he could not find one. A few days after that, Fortier testifies, McVeigh and Nichols came to Kingman and rented a storage locker themselves (see October 4 - Late October, 1994). Soon after, McVeigh and Nichols showed Fortier the contents of the locker—about a dozen boxes of explosives that McVeigh said they had stolen from a quarry in Kansas (see October 3, 1994). Just before October 31, 1994, Fortier testifies, “Tim said that him and Terry had chosen a federal building in Oklahoma City” and showed him how he could “make a truck into a bomb.” Under cross-examination, McVeigh’s lead lawyer, Stephen Jones, lambasts Fortier as a liar, a thief, a drug addict, and an opportunist who had initially tried to profit from his knowledge of the bombing, playing the audiotapes of Fortier’s bluster and bragging as captured on government wiretaps (see After May 6, 1995). Fortier admits to lying to the FBI in his initial interviews. Jones does not shake Fortier from his statements about McVeigh, though he does elicit a statement from Fortier that Nichols had withdrawn from the bomb plot in the final days of preparation (see March 1995). [New York Times, 5/13/1997; New York Times, 5/14/1997; Serrano, 1998, pp. 286-287]
Fingerprint expert Louis G. Hupp, a forensic scientist for the FBI, testifies at the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) that no fingerprints belonging to McVeigh were found in many of the places where prosecutors say McVeigh prepared for the Oklahoma City bombing. Hupp has appeared twice before in the trial, testifying for the prosecution. Today he makes his admission under cross-examination from McVeigh’s defense lawyers. No prints belonging to McVeigh were found on the rental contract for the Ryder truck used to deliver the bomb (see April 15, 1995), in the truck rental office, or in the Kansas motel room where McVeigh was staying at the time the truck was rented (see April 13, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). Neither were McVeigh’s prints found on any of the storage lockers he used to store explosives before the blast (see September 22, 1994, October 4 - Late October, 1994, October 17, 1994, and November 7, 1994), or in the pickup truck prosecutors say co-conspirator Terry Nichols used to drive to Oklahoma City to meet McVeigh three days before the bombing (see April 16-17, 1995). Hupp says it is not unusual to have found none of McVeigh’s fingerprints at the various locations, as many chemicals used to find fingerprints depend on the presence of perspiration in the fingers. If there is no perspiration, he testifies, it is often likely that no prints will be found. Hupp says he found prints belonging to Nichols on a motel registration card signed by “Joe Kyle,” one of Nichols’s aliases (see October 16, 1994 and October 17, 1994), and on two money orders used to pay for a telephone debit card that prosecutors say Nichols and McVeigh used in their preparations for the bombing (see May 6-7, 1997). Hupp also testifies that after McVeigh was taken into custody (see April 21, 1995), he inventoried and sealed a box of McVeigh’s belongings taken from him by authorities at the Perry, Oklahoma, jail. He took the box to Washington, DC. [New York Times, 5/16/1997]
FBI forensic expert Steven G. Burmeister and chemist Ronald L. Kelly testify in the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) that the FBI crime lab found residues of explosives on McVeigh’s shirt and jeans, clothing that McVeigh was wearing when he was arrested less than 90 minutes after allegedly detonating a bomb in front of an Oklahoma City federal building (see 9:03 a.m. -- 10:17 a.m. April 19, 1995 and April 21, 1995). However, Burmeister says his experts found no such residues in the car McVeigh was driving when he was arrested. Nor did they find any such residues in a Kansas storage locker that prosecutors say McVeigh and co-conspirator Terry Nichols used to store bomb supplies (see September 22, 1994, October 4 - Late October, 1994, October 17, 1994, and November 7, 1994). Prosecutors use Burmeister’s testimony to establish the exact composition of the bomb. Lab experts found residue of three substances on earplugs McVeigh was carrying when he was arrested (see Early May 1995 and After): nitroglycerine; PETN, a crystalline substance found in detonation cord; and EGDN, which is added to dynamite. PETN was also found on the white T-shirt and long-sleeved undershirt McVeigh was wearing when he was stopped by a state trooper, and PETN and nitroglycerine were found in the right pocket of McVeigh’s jeans. McVeigh’s lawyers cross-examine the two about a search they performed in the aftermath of the bombing; the two experts found and bagged items, including two fragments of the Ryder rental truck that prosecutors say carried the bomb (see April 15, 1995). One was a red-and-yellow piece of the truck body, which Burmeister later determined contained crystals of the explosive ammonium nitrate. Prosecutors say the bomb was composed of ammonium nitrate, a substance often used as fertilizer but which can become a powerful explosive when mixed with fuel oil or racing fuel. Burmeister testifies that such a bomb would require a detonator and an explosive such as dynamite to boost the explosion. Kelly admits to picking up and bagging several items, including a truck part, before an FBI photographer could take pictures of them; Kelly says he replaced the items, let the photographer take pictures, and rebagged them. Defense lawyer Christopher L. Tritico indirectly accuses Kelly of planting evidence. “You didn’t find it in the parking lot, yourself, isn’t that right?” Tritico asks, to which Kelly replies, “That is absolutely incorrect.” Defense lawyers hammer away at the two over reports that the FBI crime lab had been criticized by a Justice Department report on its use of substandard procedures (see April 16, 1997), but Burmeister emphasizes that he, Kelly, and the other technicians were extremely careful about their evidence retrieval and testing. McVeigh’s lawyers elicit an admission from Burmeister that no PETN or EGDN was found at the scene of the bombing. Burmeister also admits that the crime lab’s handling of the bombing evidence could have been better, citing the practice of using paper bags to transport McVeigh’s clothing from the Perry jail to the FBI lab. Judge Richard P. Matsch limits the scope of the defense’s attack on the lab’s evidence handling, and repeatedly refuses to allow the jury to hear criticisms of the crime lab’s procedures issued by former lab employee Frederic Whitehurst (see January 27, 1997); nor does he allow the defense to introduce the Justice Department report. The last witness of the day, Linda Jones of the British Ministry of Defense’s Forensic Explosives Laboratory, testifies that “it would be fairly simple” for one person to build such a bomb as was used in Oklahoma City, challenging the defense’s theory that only a large number of conspirators and bomb experts could have built the bomb. [New York Times, 5/20/1997; New York Times, 5/21/1997]
The prosecution in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) rests its case on an emotional note after having presented 137 witnesses. [Douglas O. Linder, 2001] The government presented what many legal analysts call a masterful case, moving far more quickly than anticipated and using witnesses to establish a string of facts that paint a strong picture of McVeigh’s guilt. The prosecution ends on a powerfully emotional note, presenting a number of first responders and survivors. Florence Rogers, a credit union employee who worked in the Murrah Federal Building, tells the jury of the moment when she lost seven of her co-workers in the bomb blast. She recalls the bomb going off with a “torrnado-like rush.” She was thrown to the floor, she recalls, and, she says, “everything else was gone.” Mike Shannon, chief of special operations for the Oklahoma City Fire Department, uses a diagram to show the jury how the bomb took an enormous “bite” from the north face of the building, and to show where rescuers finally freed the last survivor, 15-year-old Brandy Ligons, over 12 hours after the bombing. “To climb into” the area where Ligons was trapped, Shannon testifies, “it took people lying on their stomach, taking debris, pushing it down under their belly down between their legs. The second person would lay his head on the first person’s bottom and take that debris and pass it between his legs, and they would work their way into the pile. It was just big enough for just one person to wiggle through.” Dangling over Ligons and the rescuers was a 40,000-pound slab of concrete, ready to fall and crush everyone involved. Shannon testifies as to the difficulties of rescuing victims and removing the dead from a building whose front had pancaked into a heap of rubble. The effect was “like squeezing grapes,” he says. “Body fluids were dripping through, and it would just drip onto your gear as you were crawling through, onto your helmet.” Responder Alan Prokop tells jurors of the hand that rose from the rubble of the devastated building and grasped his, a hand belonging to a woman trapped under a huge slab of concrete. Prokop held her hand and felt her slowly die while rescuers tried vainly to free her. He recalls hearing the sound of what he thought was running water, and tells of a fellow rescuer saying, “It isn’t water, Alan, it’s blood.” Dr. Frederick B. Jordan, the Oklahoma State Medical Examiner, presents the jury with 163 death certificates for those who died in the bombing. He tells the jury how some of the victims were identified using the mangled remains of their bodies: a fingerprint from a resident alien card, a print taken from a box of Clairol hair coloring agent from a victim’s home, a scar on a little girl’s arm. The prosecution never mentions a contention by a federal grand jury that McVeigh and his co-conspirator Terry Nichols built the truck bomb at Geary Lake State Park in Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995); indeed, the prosecution does not attempt to prove how or where the bomb was built. The prosecution does not introduce a letter written by Nichols on November 21, 1994 that advised McVeigh to clean out two storage lockers (see November 5, 1994 - Early January 1995). After the prosecution rests, defense lawyer Stephen Jones moves for a summary acquittal, a motion rejected by Judge Richard P. Matsch. However, the judge says he may delete some portions of the indictment before giving the jury its final instructions. Those portions include references to the purchase of bomb components, the rental of some storage units, the construction of the truck bomb at the Kansas lake, and the robbery of an Arkansas gun dealer used to finance the bombing, another instance not cited by the prosecution (see November 5, 1994). “I had in mind some redaction of the indictment, or perhaps even more substantial changes, before submitting it to the jury,” Matsch says after the jury is excused for the day. “I think we’ll deal with it at the instructions conference as the most appropriate time.” [New York Times, 5/22/1997; Washington Post, 5/22/1997; Denver Post, 6/3/1997; Denver Post, 6/14/1997; Associated Press, 1/11/1998] Legal analyst Andrew Cohen will say that the prosecutors did not “bore” the jury with a morass of technical details, instead moving swiftly through technical testimony and pacing their witnesses so that each day ended with the emotional testimony of a victim or family member. Law professor Christopher Mueller says after the prosecution rests: “[T]his is a trial the way a trial ought to look.… I think the prosecution has presented a very strong, almost compelling case. The biggest payoff is in the abandonment of much of the scientific proof that would have been enormously distracting” to the jury. [Washington Post, 5/22/1997; Denver Post, 6/14/1997]
Entity Tags: Florence Rogers, Andrew Cohen, Alan Prokop, Christopher Mueller, Brandy Ligons, Timothy James McVeigh, Stephen Jones, Richard P. Matsch, Mike Shannon, Frederick B. Jordan, Terry Lynn Nichols, Geary State Fishing Lake And Wildlife Area
Timeline Tags: US Domestic Terrorism
The defense in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) calls a witness who casts doubts on the FBI’s version of the events preceding the bombing of the Murrah Federal Building (see May 9, 1997). Nancy Kindle, a waitress at a Denny’s Restaurant in Junction City, Kansas, where McVeigh spent the weekend before the bombing (see April 13, 1995, April 15, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995), testifies that on Easter Sunday, April 16, McVeigh and two other men came into her restaurant for lunch. She placed them on a waiting list, and, she recalls, had to ask how to spell “McVeigh.” She describes one of McVeigh’s companions as “scraggly looking” and short. She cannot recall what the third person looked like. She says she saw McVeigh again later that afternoon at a Junction City Texaco, and remembers speaking to him, because, she says, “he had a cute appearance to me.” McVeigh’s co-conspirator Terry Nichols has given a different version of events: according to Nichols, McVeigh called him on the afternoon of April 16 and asked him to come to Oklahoma City to pick him up because his car had broken down; during the drive back to Kansas, Nichols said that McVeigh had told him he was planning “something big” (see April 16-17, 1995). Judge Richard P. Matsch has not allowed the prosecution to introduce Nichols’s statements. The call that came to the Nichols home that afternoon came from a telephone booth a few blocks away from the Nichols’s Herington, Kansas, residence, not from Oklahoma City; prosecutors have suggested that the two men made the four-and-a-half-hour drive to Oklahoma City to drop off McVeigh’s car for a getaway after the bombing. Kindle’s version of events seems to corroborate allegations that McVeigh worked in conjunction with several other conspirators aside from Nichols (see (April 1) - April 18, 1995). [New York Times, 5/24/1997]
Timothy McVeigh sits in the courtroom during his trial. [Source: India Times]Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is convicted on all 11 counts of murder and conspiracy. [University of Missouri-Kansas City School of Law, 6/2/1997; Douglas O. Linder, 2001] The jury deliberates for over 23 hours, spread over four days (including a weekend), before announcing it has a verdict. McVeigh, who enters the courtroom with a smile on his face, shows no emotion when the guilty verdicts are read aloud by US District Judge Richard Matsch; Matsch polls the 12 jurors to ensure that they are indeed unanimous in their verdict. McVeigh is convicted of first-degree murder in the deaths of eight law enforcement agents who died in the blast, one count of conspiracy to use a weapon of mass destruction, one count of using a weapon of mass destruction, and one count of destruction of a federal building. McVeigh awaits a trial in Oklahoma, where he will face 160 counts of murdering the civilians who died in the bombing; Oklahoma City district attorney Bob Macy says he will file state charges that will bring both McVeigh and fellow conspirator Terry Nichols to court to face the death penalty. Many family members break down in tears as the verdicts are read; one woman shouts, “We got him!” Lead prosecutor Joseph Hartzler accepts an ovation from the gallery, and later says: “We’re obviously very pleased with the verdict. We always had confidence in our evidence. Now maybe everyone else will have confidence in our evidence.” Defense attorney Stephen Jones says he will prepare his client for the sentencing phase, where many feel McVeigh will be sentenced to death (see June 11-13, 1997). (Both sets of attorneys are under a judicial gag order preventing them from discussing the details of the case.) Jannie Coverdale, who lost her grandchildren in the blast, says she has mixed emotions: “This is bittersweet. After all, this is a young man who has wasted his life. I’m glad they found him guilty, but I’m sad for him, too. I feel sorry for him. He had so much to offer his country.… I want him to get the death penalty, but not out of revenge. It’s necessary. I haven’t seen any remorse from Timothy McVeigh. If he ever walked the streets, he would murder again. I don’t want to see that.” Asked if the verdict will bring her closure, she says: “I don’t think there will ever be closure. Too many people are missing.” Sharon Ice, whose brother Paul Douglas Ice was one of the federal agents killed in the bombing, calls McVeigh a “monster.” Former judge Durant Davidson says he supports the verdict: “I don’t have any question about that. There was a time before the trial started that I didn’t know. [But] after having followed it, there would not have been any question in my mind.” In Washington, President Clinton refuses to comment directly on the verdict, citing the judge’s gag order, but says: “This is a very important and long overdue day for the survivors and families of those who died in Oklahoma City.… I say to the families of the victims, no single verdict can bring an end to your anguish. But your courage has been an inspiration to all Americans. Our prayers are with you.” [Denver Post, 6/3/1997; New York Times, 6/3/1997; Washington Post, 6/3/1997; Associated Press, 1/11/1998] McVeigh’s father William and his sister Jennifer release a statement from their Pendleton, New York, home that reads in part: “Even though the jury has found Tim guilty, we still love him very much and intend to stand by him no matter what happens. We would like to ask everyone to pray for Tim in this difficult time.” [Washington Post, 6/3/1997] Later, a juror says he and his fellows grew more convinced of McVeigh’s guilt with each day that the trial continued. “There is no justification for that kind of action,” juror Tony Stedman will say. [Associated Press, 1/11/1998] As the prosecution leaves the courthouse, a weeping woman pushes her way towards lead attorney Joseph Hartzler, throws her arms around him, and says, “Dear God, thank you for what you have done.” [Serrano, 1998, pp. 292]
Entity Tags: Jannie Coverdale, Paul Douglas Ice, Jennifer McVeigh, Joseph H. Hartzler, Richard P. Matsch, William Jefferson (“Bill”) Clinton, Robert (“Bob”) Macy, Tony Stedman, Sharon Ice, William (“Bill”) McVeigh, Terry Lynn Nichols, Stephen Jones, Timothy James McVeigh
Timeline Tags: US Domestic Terrorism
Legal observers say that the guilty verdict against Oklahoma City bomber Timothy McVeigh (see June 2, 1997) does not mean that the trial of McVeigh’s accused co-conspirator, Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), will proceed as smoothly for the prosecution. The prosecutors in the Nichols trial will likely have to use witnesses and evidence the McVeigh prosecutors left out of McVeigh’s trial (see May 21, 1997); those witnesses and evidence were considered “shaky” or potentially confusing for the McVeigh jury. For example, the prosecution chose not to present evidence that McVeigh and Nichols assembled the bomb at Geary Lake State Park in Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), apparently because prosecution lawyers were uncertain over their witnesses’ credibility on that subject. The Geary allegation is a central element of the Nichols indictment. Similarly, the McVeigh prosecutors chose not to mention the robbery of an Arkansas gun dealer, which they believed was used to finance the bombing (see November 5, 1994), but the Nichols prosecutors will undoubtedly use that robbery as another key element of their case against Nichols. Michael Fortier, a friend of McVeigh’s who has extensive knowledge of the bomb plot, testified against McVeigh (see May 12-13, 1997); he will also testify against Nichols, but his testimony is expected to be less effective against Nichols. Perhaps the most powerful argument for the Nichols defense is the allegation that Nichols broke with McVeigh a month before the bombing and did not take part in the bombing itself (see March 1995), an allegation supported not just by Nichols, but by his ex-wife Lana Padilla and by Fortier. [New York Times, 6/3/1997]
James Blassengill and his wife, Willie, who lost six family members in the bombing, comfort one another after the verdict. [Source: AP / Washington Post]The jury in the trial of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997) unanimously decides that McVeigh should be sentenced to death by lethal injection. The verdict is written in heavy black ink by jury foreman James Osgood, a single word: “Death.”
Statements by Prosecution and Defense - The prosecution puts an array of survivors and family members of the victims on the stand to tell their harrowing stories, and shows videotapes of some of the surviving children battling grave injuries in the months after the bombing. The defense counters with testimonials from some of McVeigh’s former Army friends (see March 24, 1988 - Late 1990 and January - March 1991 and After), and a presentation by McVeigh’s divorced parents, Bill McVeigh and Mildred Frazer; the father introduces a 15-minute videotape of McVeigh as a child and concludes simply, “I love Tim.” The defense emphasizes McVeigh’s far-right political views, insisting that his misguided belief that the government intended to impose tyranny on its citizens was fueled by the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Branch Davidian (see April 19, 1993 and April 19, 1993 and After) incidents, and drove McVeigh to mount his own strike against a government facility. However, defense lawyer Richard Burr tells the jury, “He is just like any of us.” The defense brings in soldiers who served with McVeigh in the Army to testify about McVeigh’s exemplary service, but their statements are quickly neutralized when prosecutors remind them that they are all taught as their first rule of duty “never to kill noncombatants, including women and children.” Another damning moment comes when prosecutor Beth Wilkinson elicits testimony that shows McVeigh killed more people in the bombing than US forces lost during Desert Storm—168 to 137. Jones pleads for a life sentence without parole. At no time do defense lawyers say that McVeigh feels any remorse towards the lives he took.
Unanimous Verdict - The jury takes about 11 hours over two days to reach its verdict. The jury unanimously finds that at least seven “aggravating circumstances” were associated with McVeigh’s crimes, including his intention to kill, his premeditation and planning, that he created a grave risk to others with reckless disregard for their lives, that he committed offenses against federal law enforcement officials, and that he created severe losses for the victims’ families. They are split in consideration of “mitigating factors” proposed by the defense. Only two find McVeigh to be a “reliable and dependable person”; only four say he had “done good deeds and helped others” during his life; none see him as a “good and loyal friend”; and none agree with the proposition that he “believed deeply in the ideals upon which the United States was founded.” Lead prosecutor Joseph Hartzler says: “This is not a day of great joy for the prosecution team. We’re pleased that the system worked and justice prevailed. But the verdict doesn’t diminish the great sadness that occurred in Oklahoma City two years ago. Our only hope is that the verdict will go some way toward preventing such a terrible, drastic crime from ever occurring again.” Juror Tonya Stedman says that the jury wrestled with the idea of taking McVeigh’s life for his crimes: “It was difficult because we’re talking about a life. Yes, 168 died as a result of it, but this is another life to consider. This was a big decision. I feel confident in the decision we made.” Most relatives of the bombing victims echo the sentiments expressed by Charles Tomlin, who lost a son in the explosion: “I could see the strain on them [the jurors]. You know it was a hard decision to make to put a man to death, but I’m glad they did.” However, some agree with James Kreymborg, who lost his wife and daughter in the blast. Kreymborg says he “really did not want the death penalty” because “I’ve had enough death.” Mike Lenz, whose pregnant wife died in the blast, says: “It’s not going to bring back my wife and lessen my loss. My reason for believing or wanting to put McVeigh to death is it stops. It stops here. He can’t reach out and try to recruit anybody else to his cause.” Marsha Kight, who lost her daughter in the explosion, says she would have preferred a life sentence in prison: “There is a lot of pain in living—death is pretty easy.” Lead defense attorney Stephen Jones acknowledges respect for the jury’s decision, and adds: “We ask that the barriers and intolerance that have divided us may crumble and suspicions disappear and hatred cease. And our divisions and intolerance being healed, we may live together in justice and peace. God save the United States of America. God save this honorable court.” President Clinton had publicly called for the death sentence after the bombing (see April 23, 1995), but avoids directly commenting on the jury’s decision, citing the impending trial of fellow bombing suspect Terry Nichols (see November 3, 1997). Instead, Clinton says: “This investigation and trial have confirmed our country’s faith in its justice system. To the victims and their families, I know that your healing can be measured only one day at a time. The prayers and support of your fellow Americans will be with you every one of those days.” McVeigh faces 160 murder charges under Oklahoma state law. [New York Times, 6/4/1997; Denver Post, 6/14/1997; Washington Post, 6/14/1997; Serrano, 1998, pp. 297-300, 308, 313-315; Douglas O. Linder, 2001; Douglas O. Linder, 2006; Douglas O. Linder, 2006] McVeigh shows no emotion when the sentence is read. When he is escorted out of the courtroom, he flashes a peace sign to the jury, then turns to his parents and sister in the front row, and mouths, “It’s okay.” [Serrano, 1998, pp. 315]
McVeigh Will Be Incarcerated in Colorado 'Supermax' Facility - McVeigh will be held in the same “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczynski, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). In a letter to the authors of McVeigh’s authorized biography, American Terrorist, Kaczynski will later say he “like[s]” McVeigh, describing him as “an adventurer by nature” who, at the same time, is “very intelligent” and expressed ideas that “seemed rational and sensible.” [Douglas O. Linder, 2006] A person who later speaks to McVeigh in prison will call him “the scariest man in the world” because he is so quiet and nondescript. “There’s nothing alarming about him—nothing,” the person will say. “He’s respectful of his elders, he’s polite. When he expresses political views, for most of what he says, Rush Limbaugh is scarier. That’s what’s incredibly frightening. If he is what he appears to be, there must be other people out there like him. You look at him and you think: This isn’t the end of something; this is the beginning of something.” [Nicole Nichols, 2003] McVeigh is one of only 13 people to be sentenced to death under federal law. It has been 34 years since any prisoner sentenced to death under federal law was executed. [New York Times, 6/4/1997] He will speak briefly and obscurely on his own behalf when Judge Richard Matsch formally sentences him to death (see August 14, 1997).
Entity Tags: Joseph H. Hartzler, William Jefferson (“Bill”) Clinton, Tonya Stedman, James Kreymborg, Charles Tomlin, James Osgood, Beth Wilkinson, Timothy James McVeigh, William (“Bill”) McVeigh, Terry Lynn Nichols, Marsha Kight, Theodore J. (“Ted”) Kaczynski, Mildred (“Mickey”) Frazer, Mike Lenz, Richard P. Matsch, Stephen Jones, Richard Burr
Timeline Tags: US Domestic Terrorism
According to an analysis by the New York Times, many questions remain unanswered in the aftermath of the conviction and death sentence of Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Who, if anyone, helped McVeigh assemble the bomb? Did McVeigh receive help from co-conspirator Terry Nichols alone (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or did he receive help from his friends in the militia and white supremacist movements (see (April 1) - April 18, 1995)? Was there a larger conspiracy that the McVeigh trial failed to uncover? In sentencing hearings, McVeigh’s lawyer Stephen Jones hinted at just such a conspiracy (see June 11-13, 1997), echoing assertions he and his fellow lawyers made during the trial—that McVeigh was part of a larger, shadowy conspiracy (see April 24, 1997). Jones asked jurors to spare McVeigh’s life in the hope that McVeigh may at some future date reveal the details of that alleged conspiracy, saying: “The chapter—the book of the Oklahoma City bombing—is not closed. Do not close it. Do not permit others to close it. Let there be a full accounting, not a partial accounting.” Prosecutor Joseph H. Hartzler chose from the outset to focus strictly on McVeigh and eschew attempting to prove the existence of a possible conspiracy. While Jones and his fellow lawyers were not allowed to present what they called evidence of a “global” conspiracy involving McVeigh, Jones’s media comments, including one assertion that both McVeigh’s co-conspirators and the federal government want McVeigh executed to keep him quiet, are fueling conspiracy theories among right-wing militia groups. Within the Justice Department, many argued that McVeigh may well have been part of just such a conspiracy, though evidence of that conspiracy was thin at best and the department is not conducting an investigation into any such possibility. It is possible that the upcoming trial of Nichols may shed more light on the issue. [New York Times, 6/15/1997] Oklahoma Representative Charles R. Key (R-Oklahoma City) wants McVeigh to face a state trial before his execution in order to explore his theory that the government covered up evidence of a conspiracy, and even that government officials knew the bombing was coming and did nothing to stop it. Key has succeeded in having a district judge order the empaneling of a grand jury to look into his allegations. Key’s lawyer, Mark Sanford, tells a local reporter that he hopes the grand jury will identify the notorious “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), saying: “I am glad someone is going to start looking into the investigation the federal jury never got into. Maybe we will get some answers. We know there is a John Doe No. 2. We have to get everybody who participated. They all have to be punished for what they did.” [New York Times, 6/15/1997] Key is involved with right-wing militia groups (see July 17, 1998).
A grand jury convenes to investigate allegations that a larger conspiracy surrounds the 1995 bombing of a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), perhaps involving a federal government cover-up. Militia member Timothy McVeigh was convicted (see June 2, 1997) and sentenced to death (see June 11-13, 1997) for carrying out the bombing; his alleged co-conspirator Terry Nichols awaits trial for his role in the bombing. State Representative Charles R. Key (R-Oklahoma City) and accountant Glenn Wilburn, who lost two grandsons in the blast, gathered 13,500 signatures on a petition to force the review. (Wilburn became involved when private investigator J.D. Cash began his own investigation, fueled by his belief that McVeigh either had no involvement in the bombing or was part of a larger conspiracy. Cash is a strong advocate of the “John Doe No. 2” theory, which states that the putative, never-identified Doe No. 2 suspect “proves” the existence of a wider conspiracy—see June 14, 1995 and January 29, 1997). Both Key and Wilburn allege that the federal government had prior knowledge of the bombing (see June 15, 1997); Key is involved with right-wing militia groups (see July 17, 1998). Twelve jurors are selected in less than three hours. Prosecutor Pat Morgan questions jurors about their backgrounds, their acquaintance with victims of the explosion, and their views of the case. Five jurors know someone killed or injured in the bombing, or someone who participated in the rescue. One prospective member, Ben Baker, says the grand jury is unnecessary: “Everybody I’ve talked to believes this is kind of a waste of time and taxpayers’ money. I believe the same thing.” Federal officials have long stated that they doubt anyone besides McVeigh and Nichols was involved in the bombing plot, though circumstantial evidence exists of white supremacist militia involvement on some level (see (April 1) - April 18, 1995). Oklahoma City District Attorney Robert Macy, who will advise the grand jury, has already promised to file state murder charges against both McVeigh and Nichols. Macy originally opposed the grand jury, but now says he hopes it will “find out what the truth was in the Oklahoma City bombing, if there is any additional evidence.” Oklahoma Attorney General Drew Edmondson calls the grand jury investigation a waste of time and taxpayer money. “The notion that it can learn something that the FBI was unable to learn, is, I think, ludicrous,” he says. “The witnesses that Mr. Key is talking about, we know who they are, we know what they have to say. That doesn’t get us any closer to knowing the truth of it, hearing them say it again.” The grand jury petition names seven witnesses who have said they saw at least one other person with McVeigh in Oklahoma City on the day of the bombing. None of those witnesses were called before the federal grand jury that indicted McVeigh and Nichols (see August 10, 1995). [Deseret News, 6/30/1997; New York Times, 7/1/1997; Serrano, 1998, pp. 266]
The lawyer for alleged Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), Michael Tigar, asks that his client be granted a change of venue for his upcoming trial. Tigar argues that Nichols cannot receive a fair trial in Denver due to bomber Timothy McVeigh’s recent conviction and sentencing in that city (see June 2, 1997 and June 11-13, 1997). “Media coverage has now made it impossible for a jury in this district to make, if called upon, the reasoned moral response required by the cases,” Tigar argues in his brief. Tigar’s brief is accompanied by three bound documents filled with media coverage research. Prosecutors argue that Nichols can receive a fair trial: prosecutor Sean Connelly responds, “There is no reason to believe that Colorado jurors now lack the same ability fairly to decide Nichols’s guilt and punishment that was exhibited in the trial of his co-defendant McVeigh.” Tigar asks that the trial be moved to San Francisco; prosecutors say that Tigar wants the trial moved to a venue where the jury would be less likely to consider the death penalty if Nichols is convicted. Tigar’s arguments are much the same as those advanced by him and McVeigh’s legal team when McVeigh’s trial was moved from Oklahoma City to Denver (see February 20, 1996). “This community has come to share the characteristics identified by this court in its Feb. 20, 1996, opinion,” Tigar writes. [New York Times, 8/13/1997; New York Times, 8/14/1997] Judge Richard P. Matsch will deny the request four days later. [New York Times, 8/16/1997]
Judge Richard P. Matsch denies a bid by lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) to disqualify US Attorney Patrick M. Ryan from serving in the trial. Ryan, the US Attorney from Oklahoma City, might cry during Nichols’s trial, Nichols’s lawyers argue, as he did during the trial of Nichols’s alleged co-conspirator, Timothy McVeigh (see June 2, 1997), and thus unduly influence the jury. Ryan wept during his questioning of a witness who was testifying about the death of a little girl in the bombing (see May 3, 1997). Ryan says of the questioning: “I recognize my voice quivered. I stopped for about 10 seconds to try to regain control.” Matsch asks Ryan, “Do you believe you can participate in the trial of Terry Nichols with the necessary detachment required of a trial advocate?” Ryan says that he can, and pledges “proper decorum” during the trial; Matsch then denies the request. Matsch does grant a defense request to hold a hearing about what use the FBI made of correspondence it had seized belonging to Nichols. Defense attorney Michael Tigar presents testimony that shows officials of the Bureau of Prisons made copies of Nichols’s correspondence with his son, Josh, his wife, Marife, his mother, and some close friends in Michigan. Tigar says he protested the handing over of that correspondence to the FBI. Prosecutor James Orenstein tells Matsch that prison officials had the authority to give copies of the correspondence to the FBI, but admits the correspondence gave them nothing useful. Matsch rules: “We’re entitled to find that out. We’re going to hold a hearing and find out what was done with the mail.” [New York Times, 8/14/1997]
The upcoming trial of Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is expected to be fundamentally different from the trial of Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), according to a New York Times analysis. The charges against Nichols will be much the same—eight federal counts of murder and three conspiracy charges—but the case will include different evidence and different witnesses. Nichols was not in Oklahoma City on the day of the bombing; according to his lawyer Michael Tigar, Nichols had withdrawn from the bombing conspiracy (see March 1995), and was at his Kansas home with his family on the days preceding the bombing as well as on the morning of the bombing (see May 25 - June 2, 1995). The evidence against Nichols is strong, prosecutors say, but mostly circumstantial. And the case will hinge on evidence not introduced at McVeigh’s trial, including Nichols’s alleged participation in a robbery that prosecutors say helped fund the bombing (see November 5, 1994 and Before July 3, 1995). Much of the evidence that will be introduced against Nichols derives from a nine-hour interview Nichols gave to FBI agents two days after the bombing, when he voluntarily turned himself in for questioning (see 3:15 p.m. and After, April 21-22, 1995). Notes from that interview were not allowed to be used in the McVeigh trial because Nichols could not be compelled to testify, but Judge Richard P. Matsch has ruled that they may be introduced against Nichols. Some discrepancies exist between the government’s timeline of events and the evidence, such as an April 16, 1995 telephone call that prosecutors say McVeigh made to Nichols from Oklahoma City (see April 16-17, 1995); that phone call did not come from Oklahoma City, but from an outdoor pay phone near Nichols’s home in Herington, Kansas. Prosecutors believe Nichols lied to the FBI about the extent and purpose of his contacts with McVeigh in April 1995. [New York Times, 8/29/1997]
Newsweek reports that accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is using the adjoining cell to his in the Denver Federal Correctional Institution as an office to help prepare his defense. He has the cell jammed with documents as well as a VCR, which he uses to view footage related to the bombing. Nichols, through his attorneys, has already challenged the seating arrangements at the trial; he has asked the judge to keep the two seats next to the jury box open so he can make eye contact with the jurors. [Mayhem (.net), 4/2009]
Larry Mackey. [Source: Washington Post]Lawyer Larry A. Mackey, the lead prosecutor in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), is profiled by the New York Times. Mackey played what the Times calls “a major, though low-profile role in the first Oklahoma City bombing trial” of Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997), and delivered the closing argument in that trial (see May 30, 1997). Mackey had not planned on being involved in the Nichols trial, but honored a request from Attorney General Janet Reno to head the prosecution. McVeigh’s lead lawyer Stephen Jones calls Mackey “very professional,” and says: “He honors his word. If he tells you something, you can bank on it.” Former US Attorney Gerald D. Fines says of Mackey, “He is the most thorough and best-prepared lawyer I have seen in the government or private practice.” [New York Times, 11/1/1997]
The federal trial of Oklahoma City bombing co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) begins. As with Nichols’s accused co-conspirator Timothy McVeigh, recently convicted of murder and conspiracy surrounding the bombing (see June 2, 1997), the trial takes place in Denver, and is presided over by Judge Richard P. Matsch. Nichols faces the same eight counts of murdering federal officials and three counts of conspiracy that McVeigh was convicted of, and like McVeigh, he faces the death penalty if convicted. [New York Times, 11/4/1997; Douglas O. Linder, 2001] The jury consists of seven women and five men. It includes two bus drivers; a day-care worker; a bank clerk; a soda machine installer; a telemarketer; a loading-dock worker; a maintenance employee; an obstetrics nurse; a remedial reading tutor; a contract seamstress, whose husband is a corrections officer; and a geophysicist. Two members of the jury are African-American. As with the McVeigh jurors, their identities are concealed. Legal analysts say there is far less direct evidence of Nichols’s guilt than existed to use against McVeigh. [Washington Post, 10/31/1997; Fox News, 4/13/2005] Prosecutors tell the jury that Nichols worked “side by side” with McVeigh to build the bomb that destroyed the Murrah Federal Building. For his part, Nichols’s lawyer Michael E. Tigar says Nichols had nothing to do with the bomb plot, and is a victim of McVeigh’s deceit and a web of misleading circumstantial evidence. Lead prosecutor Larry Mackey (see October 31, 1997) says that the deceit was on the part of Nichols. Mackey acknowledges that Nichols was at his Herington, Kansas, home on the morning of the bombing: “Terry Nichols had planned it just that way,” he says. But Nichols had been involved in every aspect of building the bomb and plotting the attack. The prosecution’s case is far broader in its scope than the more narrowly focused case against McVeigh (see August 29, 1997). Tigar indicates that he plans to challenge what he calls the “junk science” used by the prosecution to forensically prove Nichols’s involvement in building the bomb. [New York Times, 11/4/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses, people who either lived through the bombing or who lost family members or friends. Unlike the heart-rending tales told throughout the trial of Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), the stories told today are strictly curtailed in order to restrict emotional reactions from jurors. Four jury members weep anyway during the recountings. Judge Richard P. Matsch, ruling in favor of a defense motion, has precluded “overly emotional” testimony, telling jurors this morning, “You have to consider it and not consider the emotions of it.” Matsch explains that testimony from survivors is being introduced only to establish who had died and how their deaths had affected the performance of the federal government, important elements in the indictment (see August 10, 1995), which charges not only murder but also a crime that interfered with interstate commerce. Witnesses stick closely to the bare facts and eschew the emotional stories and vignettes that were prominently featured during McVeigh’s trial. Even so, the testimony of survivor Helena Garrett, who testified during McVeigh’s trial (see April 25, 1997), moves some jurors to tears as she tells of waiting for rescue personnel to find her infant son, Tevin, who died in the blast. She says one child “looked as if she’d been dipped in blood,” and talks of the “line” made “of our babies” by rescue personnel who brought out the dead and injured children from the blasted Murrah Federal Building. [New York Times, 11/5/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) attempts to prove that Nichols bought and stored the fertilizer used to make the bomb. [New York Times, 11/7/1997]
Buying Fertilizer from a Kansas Co-op - The prosecution puts two Kansas men on the stand who, the prosecution says, sold the fertilizer used to bomb the Murrah Federal Building to Nichols and his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Both salesmen, Jerry Showalter and Frederick A. Schlender Jr., worked at the Mid-Kansas Cooperative in McPherson, Kansas, when someone calling himself “Mike Havens” bought 4,000 pounds of ammonium nitrate in 80 50-pound bags in September and October 1994. Neither Showalter nor Schlender can identify Nichols or McVeigh as the buyer, but both say the buyer was “Havens,” a name federal investigators believe was used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). Both testify that they are certain “Havens” was not McVeigh. And they both say they offered “Havens” a less expensive, more efficient alternative to the ammonium nitrate, which he declined. Investigators found a receipt listing Havens as the buyer of the fertilizer in Nichols’s kitchen after the bombing (see May 1, 1995), a fact testified to by one of the FBI agents who found the receipt. Showalter recalls receiving a telephone call on September 29, 1994 from the manager of another branch of the co-op; the manager said he had a customer looking for two tons of ammonium nitrate. Showalter later sold the fertilizer to “Havens”; he gives a description of the man that could fit Nichols. Schlender testifies that he loaded the first ton of fertilizer on a red trailer pulled by a dark pickup truck with a light-colored camper top. He testifies that “Havens” was alone. Schlender concedes to defense lawyers that his descriptions of “Havens” have varied somewhat over time. He originally told the FBI that “Havens” was six feet tall; now he says that the man was anywhere between 5’8” and six feet tall. He also originally described the truck as a Dodge with Kansas plates; Nichols owned a GMC truck with Michigan plates. Schlender says he sold the second ton of fertilizer to “Havens” on October 18, loading it on the same trailer. The second time, he testifies, “Havens” was accompanied by another man, white and about six feet tall. Robert Nattier, president of the co-op, testifies that the “Havens” order was unusually large, and that most customers just buy a few bags for their lawns. Another FBI agent who analyzed the co-op’s receipts testifies that only a country club and a pipeline company bought similar amounts in the 16 months before the bombing. [New York Times, 11/7/1997; Washington Post, 11/7/1997; Denver Post, 12/24/1997]
Nichols Identified as Staying in Nearby Motel - Harry Bhakta, the manager of the Starlite Motel in Salina, Kansas, a town 30 miles north of McPherson, testifies that a man calling himself “Terry Havens” checked into his motel on October 16, 1994, and checked out the next day. Nichols’s lawyers concede that the handwriting on the Starlite Motel registration card is Nichols’s (see October 16, 1994). [New York Times, 11/7/1997]
Renting Storage Lockers for Fertilizer - Sharri Furman, who in 1995 was the bookkeeper for the Boots-U-Store-It storage facility in Council Grove, Kansas, testifies that in the fall of 1994 she rented two storage lockers to “Joe Kyle” and “Ted Parker,” both of which are, federal investigators contend, aliases used by Nichols (see October 16, 1994, October 17, 1994, and November 7, 1994). Furman also testified during McVeigh’s trial (see May 1-2, 1997). She identifies Nichols as “Parker.” Both defense and prosecution lawyers agree that the contracts signed by “Parker” are in Nichols’s handwriting. [Washington Post, 11/7/1997] The receipt from the locker rental contains two fingerprints from McVeigh (see May 1, 1995). [New York Times, 6/3/1997]
Seen in Company of McVeigh during Time Period in Question - Tim Donahue, a Kansas rancher who once worked with Nichols (see February - September 30, 1994), testifies that the last time he saw Nichols was in the company of McVeigh. The date, he recalls, was September 30, 1994, the last day Nichols worked on the Donahue ranch. Donahue also testifies that Nichols told him he thought the government was getting “too big and too powerful” and should be overthrown. Donahue acknowledges that those conversations were casual, and that Nichols never explicitly advocated violence. [Washington Post, 11/7/1997]
Prosecutors in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) link Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to the October 1994 theft of explosive materials from a Kansas quarry (see October 3, 1994). The prosecution claims that Nichols and McVeigh used those materials in the construction of the bomb that devastated the Murrah Federal Building and killed 168 people. A blaster at the Martin Marietta Aggregates quarry near Marion, Kansas, Allen E. Radtke, testifies that on October 3, he discovered that someone had stolen 1,200 to 1,400 electric blasting caps, 75 60-foot lengths of Primadet non-electric blasting caps, and 150 sticks of Tovex explosive from two sheds. On October 4, Radtke says, he found that someone had drilled open the padlock on the back door of a third shed. FBI analyst James J. Cadigan testifies that he had compared the marks left on the padlock with a quarter-inch drill bit found at Nichols’s home (see 3:15 p.m. and After, April 21-22, 1995). Though the marks on the padlock seem to match marks made by Nichols’s drill bit, Judge Richard P. Matsch instructs the jury to disregard Cadigan’s conclusions to that effect. Nichols’s lawyer Michael Tigar, who has called such analysis “junk science” (see November 3, 1997), says that a thousand drill bits made by the same machine might produce the same marks. [New York Times, 11/8/1997]
Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see May 19, 1995, August 8, 1995, and May 12-13, 1997), testifies against McVeigh’s alleged co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997). Fortier tells the jury that Nichols and McVeigh took him to an Arizona storage locker filled with explosives seven months before the bombing (see October 4 - Late October, 1994). Fortier has pleaded guilty to four felonies related to the bombing.
Saw Nichols in McVeigh's Company, Changes Testimony Previously Identifying Nichols as Co-Conspirator - He says he saw Nichols three times in Kingman, Arizona, the town in which McVeigh resided; two of those times, Nichols was in the company of McVeigh. Fortier testifies that he met both Nichols and McVeigh when they were Army soldiers stationed at Fort Benning, Georgia (see March 24, 1988 - Late 1990); Nichols, he says, was his platoon leader, but not his friend. Fortier says McVeigh sent him a letter saying that he and Nichols planned some sort of “positive offensive action” against the government (see September 13, 1994), and later McVeigh told him the “action” was the bombing of a federal building, to take place on the anniversary of the Branch Davidian massacre (see April 19, 1993 and April 19, 1993 and After). “He told me… that they were planning on bombing a building,” Fortier says. When asked by a prosecutor who was the “they” that McVeigh was referring to, Fortier replies, “He didn’t say specifically,” a drastic change from his testimony in the McVeigh trial, when he told the jury that McVeigh was referring to himself and Nichols. [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997]
Says McVeigh Told Him Nichols Robbed Gun Dealer - Fortier does identify Nichols as the man who robbed Arkansas gun dealer Roger Moore to help finance the bombing (see November 5, 1994); Fortier says that McVeigh told him, “Terry did Bob,” meaning “Bob Miller,” the name Moore used at gun shows. [New York Times, 12/16/1997]
Says He Refused to Take Active Part in Bombing, Says Nichols Withdrew - Fortier testifies that McVeigh asked him to rent a storage unit under a false name, but Fortier did not do so. He also testifies that McVeigh asked him to join him and Nichols in the bombing, but Fortier says he refused (see October 21 or 22, 1994). Later, Fortier says, McVeigh told him that Nichols “no longer wanted to help him mix the bomb” (see March 1995), testifying: “Tim told me that Terry no longer wanted to help him mix the bomb. He told me that there was some problem between—or the problem had to do with Terry’s wife, Marife. I asked Tim what he was going to do if Terry didn’t help him. I made a joke and said: ‘What would you do? Would you kill him if he doesn’t help you?’ And he answered me seriously and said he would not do that. And he went on to say that Terry would have to help him because he’s in it so far up till now.” Fortier identifies a length of explosives brought to his home for safekeeping by McVeigh as being from one of the Arizona storage lockers; an FBI expert, testifying immediately after Fortier, identifies a fingerprint on the wrapper for the explosives as belonging to Nichols.
Defense: Fortier a Lying Drug Addict - In cross-examination, Nichols’s lead lawyer, Michael Tigar, elicits that Nichols never mentioned anything to Fortier about bombing a building. As defense lawyers did in McVeigh’s trial, Tigar depicts Fortier as a drug user and self-admitted liar who has admitted to lying to FBI investigators about his knowledge and involvement in the bomb plot (see April 23 - May 6, 1995), and to planning to use his knowledge of the bomb plot to wangle profitable book and movie deals. Fortier admits that Tigar’s depictions are essentially accurate. Tigar asks, “Was there ever a time in your life where Mr. McVeigh and you and Mr. Nichols were standing side by side… when Mr. McVeigh said, ‘My friend Terry and I are going to blow up a building with people in it and kill people?’” Fortier replies, “No, sir.” [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997] Legal experts later say that Fortier’s testimony against Nichols is much less compelling than his testimony against McVeigh. Fortier did not know Nichols well, and had comparatively few dealings with him. [New York Times, 11/17/1997] The Washington Post describes the defense’s cross-examination of Fortier as “withering.” One of the defense’s contentions is that Fortier was far more involved in the bomb plot than his testimony indicates, and that he may have been more involved than Nichols. [Washington Post, 11/14/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) links Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to a rifle stolen from an Arkansas gun dealer, Roger Moore (see November 5, 1994 and Before July 3, 1995). Prosecutors have alleged that Nichols and McVeigh, who planned the robbery, used the proceeds from the robbery to finance the bombing. The link between Nichols and the robbery is made in part by Karen Anderson, Moore’s longtime girlfriend, who says the ornate, custom-made .308-caliber rifle found in Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995) was hers. She says when prosecutors first showed her the rifle, she exclaimed: “It’s my baby!… It was made for me.” Anderson says she has been Moore’s girlfriend for over 20 years, and lives in what is apparently an open relationship with Moore and his wife Carol. Prosecutors say Nichols donned a ski mask and robbed Moore’s gun dealership of more than $60,000 in guns, precious jewels, gold, silver, cash, and other items. Anderson says she recognized several other weapons seized by FBI agents from Nichols’s home. Of one, a shotgun, she says: “I shot a pair of blue jeans with this a couple of times. Jeans with holes cost $100. I figured if you shot them yourself, you could save about $90.” Anderson’s colorful testimony and flamboyant gestures trigger several waves of laughter in the courtroom, including one instance where she apologizes for inadvertently waving a submachine gun at Judge Richard P. Matsch, saying, “I just pointed it at the judge again!” Prosecutor Beth Wilkinson quips in response, “No matter how mad he makes you, don’t fire it.” Anderson says she has a list of the serial numbers of many of the stolen guns; Moore previously told investigators his list of the serial numbers disappeared the day of the robbery. Anderson also discusses her friendship with McVeigh, and says she and Moore were so impressed with McVeigh’s warnings about a United Nations plot to take over the country that they visited several military bases in an unsuccessful search for Russian vehicles. After Anderson testifies, Moore testifies, telling the jury how he was robbed by a man who carried a shotgun, wore a black ski mask, and bound him with duct tape before purloining items from his farm, from which he runs his dealership. He says he was alone on his farm the morning of the robbery, and had just gone outside to feed the animals when he heard a voice say, “Lay on the ground.” He turned and saw “a horrible picture, a man dressed with camouflage, with a black ski mask, carrying a pistol-grip shotgun aimed right at my face.” Attached to the shotgun was a garrote wire that he says could “cut your windpipe and jugular vein.” The robber was a white man wearing what he thinks were Israeli combat boots, Vietnam-era camouflage pants and shirt, and military gloves. Moore says he could see a short beard and suntanned skin through the mouth opening in the mask. He identifies a number of weapons shown to him by prosecution lawyers as being among those stolen from his dealership. Defense lawyer Michael Tigar accuses Moore of conspiring with McVeigh to commit insurance fraud. Tigar asks Moore: “Isn’t it a fact you were not robbed? Isn’t it a fact that you and Mr. McVeigh worked out a plan to get these guns out on the market, and you would collect whatever you could from the insurance company?” Moore angrily responds, “I deny that.” He admits to seeking an insurance settlement even though he had no serial numbers for the stolen weaponry, nor an accurate accounting of the weapons he said had been stolen. He also acknowledges telling investigators differing accounts of the robbery, and engaging in friendly letter exchanges with McVeigh after the robbery, including one letter written by Moore in the days before the bombing that complained of the “New World Order” (see September 11, 1990) and stated, “Plan is to bring the country down and have a few more things happen, then offer the 90 percent a solution (Better Red than Dead).” He also admits to using the alias “Bob Miller” on the gun-show circuit, and admits to previously telling lawyers that he suspected law enforcement agents or militia members of robbing him. However, he says, he also suspected McVeigh of setting him up, and says that the letters were designed to persuade McVeigh to come back to Arkansas so he could question him about the robbery. [New York Times, 11/18/1997; New York Times, 11/19/1997]
The ex-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) testifies in Nichols’s trial. Lana Padilla, frequently breaking into tears during her stint in the witness stand, testifies that Nichols gave her a package that he told her not to open unless she heard that he had died; worried for his safety, she opened it anyway and found letters and evidence that prosecutors say tie Nichols to the Oklahoma City bombing. Nichols gave Padilla the package in the days before he left on a trip to the Philippines (see November 5, 1994 - Early January 1995). He told her to wait at least 60 days before opening the package, but she opened it the day after he left. “I was concerned that there was something awful, that he was not coming back,” she says. Inside were two envelopes, one addressed to her and one addressed to Jennifer McVeigh, the sister of his alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). The letter to Padilla explained how she could gain entry to a storage unit Nichols had rented in Las Vegas, Padilla’s home town, and how she could find a bag of valuables he had hidden in her kitchen. All of the items in storage, Nichols wrote, were for their teenaged son Joshua, while the items in the kitchen were for his daughter Nicole, whom he had with his second wife Marife, a Filipino native (see July - December 1990). A tearful Padilla reads from the letter: “There is no need to tell anyone about the items in storage and at home. Again only the three of us will know. I have the most trust in you here in the US to do as I’ve written.” Nichols, sitting at the defense table, puts his head down and weeps during the letter-reading. The envelope to Jennifer McVeigh contained a second envelope addressed to her brother that advised him to remove everything from a Council Grove, Kansas, locker and “liquidate” the contents of a second locker in that same town (see October 17, 1994), or failing that, to pay to keep it longer under the alias “Ted Parker” of Decker, Michigan. “Ted Parker” is an alias used by Nichols to rent one of the lockers (see November 7, 1994). The letter says Padilla “knows nothing” and concludes with the exhortation: “Your [sic] on your own. Go for it!! Terry.” Prosecutors believe that Nichols’s final exhortation referred to the Oklahoma City bombing. In December 1994, Padilla found the item Nichols had stashed in her kitchen: a WalMart bag filled with $20,000 in $100 bills. Padilla testifies: “My first reaction was surprise, because I didn’t really think—I mean, Terry was in between employment. His wife was away. I didn’t expect him to have any money.” Later that day, Padilla and her son Barry (from another marriage) went to the AAAABCO storage unit in Las Vegas that Nichols had indicated, and the two found a briefcase and a number of boxes. The boxes contained gold and silver coins, and a paper estimating their value at between $36,000 and $38,000; a bag containing a dark wig, panty hose, makeup, and a black ski mask; a cigar box containing jade stones; and other items. Many of those items will later be identified as proceeds from the robbery. When she saw the bag, she testifies: “I looked at the mask, and I thought that—I said: ‘What is he doing? You know, what is he doing? Robbing banks?’ And that was my reaction.” Prosecutors believe that the cash in the kitchen and the goods in the storage unit were obtained by a robbery Nichols had carried off days before (see November 5, 1994). Padilla also testifies that Nichols called her the day after the robbery, November 6, 1994, and spoke of the Branch Davidian debacle near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), and the possibility that the government would be destabilized by civil unrest (see November 6, 1994). “When I hung up the phone,” she testifies, “I realized that it was a very odd conversation. And I’m sorry to say that Waco didn’t enter my mind before the call and Waco didn’t enter my mind after the call. It was just something that seemed to be on Terry’s mind.” Nichols came to Padilla’s home in Las Vegas a few days later, she says, in order to visit Joshua before leaving for the Philippines. When Nichols returned from the Philippines on January 16, 1995, he stayed for a few days with Padilla before leaving for Kansas. Padilla testifies that on January 17: “Terry was standing in the kitchen. He looked at me puzzled. I knew the look was because he had gone behind the drawer” and not found the cash he had left. Padilla had taken the cash to her office for safekeeping, she testifies, and asked Nichols to give her some of it. He refused, she says, and she turned over $17,000 of the money to him. They agreed that she would put the remaining $3,000 in a savings account for Joshua, but she admits to not doing so. “Things changed in my household,” she testifies. She left her current husband, and, she says, “the money was used for the household.” [Washington Post, 11/19/1997; New York Times, 11/20/1997]
FBI agent Stephen E. Smith testifies in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997).
Nichols Told of Picking Up McVeigh - Smith testifies that Nichols told him and other FBI agents that on Easter Sunday, April 16, 1995, three days before the bombing, he drove around downtown Oklahoma City looking for his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols, says Smith, drove around the Murrah Federal Building, McVeigh’s target, several times before finding McVeigh in a nearby alley (see April 16-17, 1995). McVeigh, according to what Nichols told Smith, had asked Nichols for a ride from Oklahoma City back to Nichols’s Herington, Kansas, home (see (February 20, 1995)) because his car had broken down. Nichols found McVeigh, Smith says: “[H]e was standing in a light rain with Mr. Nichols’s TV set and a green laundry bag.” Smith was one of the agents who interrogated Nichols for nine hours after the bombing (see 3:15 p.m. and After, April 21-22, 1995). He was not allowed to testify in McVeigh’s trial, but was allowed to introduce the 22 pages of handwritten notes taken during Nichols’s interrogation. Smith’s testimony is the first to describe what Nichols said about the trip from Oklahoma City to Herington. McVeigh was going to bring Nichols a television set, Nichols told Smith, when his car broke down. Nichols said after he received the telephone call from McVeigh at around 3 p.m., he left about 10 minutes later and drove straight to Oklahoma City. McVeigh had told him to “drive around the block a couple times,” Nichols told the agents, and added that he passed “that building” several times. The alley McVeigh was standing in was, Smith testifies, next to the YMCA near the Murrah Building. Nichols told Smith and the other agents that McVeigh was “hyper” during the return trip to Herington, and they talked about the upcoming anniversary of the federal assault on the Branch Davidian compound in Texas (see April 19, 1993 and April 19, 1993 and After). Nichols told the agents that McVeigh told him “he would see something big in the future.” Nichols, Smith testifies, asked if McVeigh was planning to rob a bank; McVeigh replied, “No, but I’ve got something in the works.” Nichols was shocked to learn that McVeigh was a suspect in the bombing, Smith testifies: “He thought Tim was driving back east to see his family.” Nichols told the agents he could not discern any motive for the bombing, since McVeigh “was supposed to receive an inheritance from his grandfather and he would have money” to do whatever he wanted. Smith testifies that when the agents asked Nichols if he was worried about what McVeigh might say about him, Nichols replied that “he’d be shocked if Mr. McVeigh implicated him.… Terry Nichols said he trusted Timothy McVeigh more than anyone. Timothy McVeigh lived up to his arrangements and took responsibility for his actions.” Smith adds that Nichols never clarified what he meant. Nichols told the agents that the Easter telephone call was the first contact he had had with McVeigh since November 1994. However, other testimony has shown numerous contacts between McVeigh and Nichols since that time period (see November 7, 1994, March 1995, April 13, 1995, April 15, 1995, and April 15-16, 1995). [New York Times, 11/21/1997] Nichols also told federal agents that he spent the morning of April 18 at an auction in Fort Riley, Kansas, and that the same morning, McVeigh had borrowed his pickup truck to run errands. Nichols told agents that the morning of April 18, McVeigh called at 6:00 a.m. and asked to borrow the truck. Nichols agreed, and the two met at a McDonald’s restaurant in Junction City, Kansas, around 7:30 a.m. The two drove to the auction site, and McVeigh took the truck, leaving Nichols at the auction. McVeigh returned after 1:00 p.m. Nichols told agents he signed in at the auction site sometime around noon. [New York Times, 11/26/1997]
Story Contradicted by Other Evidence - Other evidence has shown that Nichols’s story about driving to Oklahoma City to pick up McVeigh and a television set is false. That evidence has shown that on April 16, Nichols met McVeigh at a Dairy Queen in Herington, then the two drove separately to Oklahoma City to scout the location for the bomb. McVeigh left his getaway car at the scene (see April 13, 1995) and the two drove back to Herington in Nichols’s pickup truck (see April 16-17, 1995). On the morning of April 18, McVeigh, staying at a motel in Junction City with his rented Ryder truck (see April 15, 1995), met Nichols at a Herington storage unit (see (February 20, 1995)). The two loaded bags of fertilizer and drums of nitromethane into the Ryder truck, and McVeigh told Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” They drove separately to Geary County State Fishing Lake, where they met and mixed the explosive components. Nichols later told investigators that he cleaned out the storage shed on April 20. One witness told investigators that he saw McVeigh with a man resembling Nichols at the motel. Other witnesses recalled seeing the Ryder truck parked behind Nichols’s house on April 17, and the Ryder truck and a pickup truck resembling Nichols’s at Geary Lake on April 18. Other witnesses said that on either April 17 or 18, they saw what appeared to be Nichols’s pickup truck parked behind the Herington storage shed (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Videotape from the Regency Towers Apartments, one and a half blocks from the bombed Murrah Federal Building, showed Nichols’s dark blue pickup with a white camper shell passing the building on April 16, though the videotape does not itself disprove Nichols’s claims of driving to Oklahoma City to pick up McVeigh and a television set. [Denver Post, 12/24/1997; Fox News, 4/13/2005] Prosecutors will soon submit evidence showing that Nichols’s claims of his whereabouts on April 18 are incorrect (see November 25, 1997).
Shared Interest in Bombs - Nichols also said that he and McVeigh were curious about bombs. They read books and magazines about them, and discussed how they worked. Nichols told the agents that “it’s possible he [McVeigh] could make a device to blow up a building without my knowledge.” Nichols, Smith testifies, insisted that their interest in bombs was strictly out of curiosity. Nichols told Smith and the other agents that he had learned about explosives from people “who came by the table at gun shows and literature he had read.” Nichols also said that he had learned “ammonium nitrate fertilizer can be used to make a bomb.… I imagine you have to put a blasting cap on it.” Smith testifies that someone had informed Nichols that ammonium nitrate could be mixed with diesel fuel to make a bomb, but adds that Nichols said he had not done that.
Cross-Examination - Nichols’s defense lawyer, Ronald G. Woods, has Smith read the entire 22-page sheaf of handwritten notes he took during his interviews with Nichols, then tells Judge Richard P. Matsch that the typewritten transcript of those notes “was not accurate or complete.” Woods also questions why the interviews were not tape-recorded. Smith calls his notes accurate, but admits that he had not written down what he now testifies was Nichols’s silence when shown a letter he had written to McVeigh the previous November urging him to “Go for it.” During the interview, Smith says Nichols admitted to having the knowledge needed to build a fertilizer bomb after initially denying it. [Washington Post, 11/21/1997; New York Times, 11/22/1997; Denver Post, 12/24/1997]
As the prosecution in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) prepares to rest its case, the prosecuting lawyers attempt to show that Nichols lied about his whereabouts on the day the Oklahoma City bomb was built (see November 20-21, 1997). Nichols claimed that the day the bomb was assembled, April 18, 1995, he was at an auction in Fort Riley, Kansas, from 8:00 a.m. until after 1:00 p.m., while his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), had borrowed his truck. Prosecutors introduce evidence that shows Nichols and McVeigh worked together to build the bomb in an isolated section of Geary Lake State Park, 16 miles from Nichols’s home in Herington, Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols has not yet testified; his version of events comes from statements he gave to FBI agents two days after the bombing (see 3:15 p.m. and After, April 21-22, 1995). Mary Garza, a civilian employee at Fort Riley and the overseer of the auction that Nichols claimed he attended, produces a document that shows Nichols signed in to the auction at 12:50 p.m. that afternoon, and another document showing that he submitted a sealed bid at 12:37 p.m. on March 18, 1995. Garza testifies that the time clock was off by one month and one hour, and in reality Nichols submitted his bid at 1:37 p.m. on April 18, 1995. Nichols said he wandered from one auction building to the next, but other witnesses testify that the morning of April 18 was extremely cold and windy, and only one building was open to the public. Visitors such as Nichols were required to sign in. Nichols could conceivably have spent five hours outside, examining two small outdoor sales areas, the witnesses say, but the sale was quite small, and none of the witnesses saw Nichols that morning. [New York Times, 11/26/1997]
The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) submits a piece of wood into evidence that it says links Nichols to the bombing. The piece of wood has ammonium nitrate fertilizer crystals embedded in it, the same type of fertilizer used in the bomb that killed 168 people. The same fertilizer was found at Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995). The wood was found by a search team on April 21, 1995, in a parking lot across the street from the Murrah Federal Building. Prosecutors say the wood came from the side of the rented Ryder truck (see April 15, 1995) that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) used to deliver the bomb. FBI agent Alton Wilson testifies that “it appears to have come from the box panel from the Ryder truck.” FBI laboratory supervisor Steven G. Burmeister testifies that when he and other FBI agents searched Nichols’s home, they found explosives, including ammonium nitrate pellets. Ammonium nitrate is the fertilizer that was the main ingredient of the bomb. “They were on the steps leading up to the porch area,” Burmeister testifies. He also says the search turned up Primadet blasting caps, which are used to detonate explosives. Defense lawyers claim the wood was mishandled by FBI crime lab analysts; FBI chemist Ronald Kelly admits in testimony that he did not follow the proper steps in recovering and handling the wood. [New York Times, 11/29/1997] In cross-examination testimony, Burmeister says that he photographed the wood in April 1995, documenting the existence of the ammonium nitrate crystals embedded in it. When he examined the wood in November 1996, he realized that the crystals had disappeared from it. Burmeister says he believes the crystals disappeared as a result of testing in other sections of the lab. [New York Times, 12/2/1997]
Experts testify in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) that the bomb used to destroy the Murrah Federal Building in Oklahoma City was probably made with ammonium nitrate. Prosecutors have shown that Nichols bought two tons of ammonium nitrate fertilizer and stored it, along with other bomb components, in lockers rented under false names (see November 6, 1997). In aggressive cross-examination, defense lawyer Michael Tigar attempts to cast doubt on the forensic evidence presented by the experts. FBI laboratory supervisor Steven G. Burmeister, who has already defended his findings on ammonium nitrate crystals found in a shard of wood he and other experts believe was from the Ryder truck used to deliver the bomb (see November 28 - December 2, 1997), admits that nitromethane that, according to an FBI report, was found in Nichols’s home might have come from a container of model airplane fuel. Burmeister says that the evidence of nitromethane was found near model airplane parts; nitromethane is used in model airplane fuel. “When you reported out your results, did you report that you had found model airplane fuel and a model airplane?” Tigar asks, and Burmeister replies, “No.” Tigar then emphasizes: “You just reported you had found nitromethane. Right?” Burmeister responds, “The result was nitromethane and methanol.” Tigar continues to press, saying: “But did you take steps to make sure that people were going to understand that this was found right next to some model airplane parts? Did you do that?” Burmeister says he did not. British explosive expert Linda Jones, who testified in the trial of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says she believes the bomb weighed 3,000 to 6,000 pounds and contained ammonium nitrate. Its other elements were apparently consumed in the explosion. The prosecution has called Jones as an independent expert because of widespread criticism of the FBI laboratory and its employees (see January 27, 1997 and April 16, 1997). [New York Times, 12/2/1997]
The prosecution concludes its case against accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) with a gripping story by Marine Captain Matthew Cooper, telling of his attempts to rescue colleagues from the rubble of the devastated Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Legal experts say the prosecution presented a convincing, but not necessarily overwhelming, case against Nichols, who is charged with eight counts of first-degree murder and four counts of conspiracy related to the bombing. Nichols’s co-conspirator, Timothy McVeigh, has already been sentenced to death for the crime (see June 2, 1997 and June 11-13, 1997). Essentially, the prosecution used a mountain of circumstantial evidence to tie Nichols to the crime, even though he was not in Oklahoma City on the day of the bombing (see April 16-17, 1995). Law professor Christopher Mueller says, “There is a huge combination of circumstances that connect Nichols to McVeigh just as there was a huge combination of circumstances connecting McVeigh to the bombing.” Legal analyst Andrew Cohen says: “If the jurors followed the prosecution’s story, then Nichols is in big trouble. But the defense has already done a good job showing that there are inconsistencies and contradictions and those could be enough to hang a jury.” Analysts say the prosecutors were less successful in introducing emotion into the Nichols trial than the prosecutors in the McVeigh trial. And prosecution eyewitnesses such as Cooper and Michael Fortier (see November 12-13, 1997) were less effective in this trial than they were in testifying against McVeigh. Nichols’s defense lawyers have successfully challenged the prosecution’s attempts to have witnesses like Cooper tell graphic and emotionally wrenching stories; today, Cooper’s testimony is brief and matter-of-fact, whereas during his testimony in McVeigh’s trial, he was detailed and emotional, breaking into tears during his stint on the stand. Also, analysts say, the prosecution was not entirely successful in portraying Nichols’s motive for taking part in the bomb plot. [Washington Post, 12/3/1997]
The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses designed to cast doubt on Nichols’s alleged participation in the Oklahoma City bombing plot with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Three witnesses testify that in the days before the bomb destroyed an Oklahoma City federal building, they saw McVeigh in the company of a man who has become known as “John Doe No. 2,” a person that some believe conspired with McVeigh to build and deliver the bomb. Prosecutors believe that “John Doe No. 2” was an Army soldier who had no involvement with McVeigh (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defense lawyers assert that McVeigh conspired with “John Doe No. 2” and not their client. Eldon Elliott, who owns the Junction City, Kansas, shop where McVeigh rented the Ryder truck used to deliver the bomb (see April 15, 1995), testifies that he rented the Ryder truck to McVeigh, and that when McVeigh picked up the truck on April 17 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), he was accompanied by a man who was not Nichols. Estella Weigel, a health worker, then testifies that she was driving south on Interstate 135 near McPherson, Kansas, sometime between 7 a.m. and 8 a.m. on April 18 when she had to slow down for a large Ryder truck following closely behind a beige car that “reminded me of my sister’s ‘78 Mercury.” McVeigh had just bought a similar car, which prosecutors say he used for his getaway (see April 13, 1995). Weigel noted that the car had no license plates, and later realized that the driver resembled the sketch of “John Doe No. 2.” There were two men in the truck, she says, neither of whom were Nichols. Prosecutors say Nichols and McVeigh were at that time on their way to Geary County State Fishing Lake to assemble the bomb. A third witness, obstetrical nurse Mary Martinez, tells the jury she saw McVeigh driving a large Ryder truck in Junction City on the morning of April 18; a man she thought was “Mexican” was in the passenger seat. Under cross-examination, Martinez admits that her story has changed dramatically: she originally described a smaller Ryder truck with a red-haired driver, and said the passenger stood up in the cab of the truck. [Washington Post, 12/4/1997; New York Times, 12/4/1997; Denver Post, 12/24/1997]
The mother of a woman killed in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) issues an angry statement demanding that accused Oklahoma City bombing conspirator Terry Nichols (see November 3, 1997) testify in his own defense. Marsha Kight, the mother of 22-year-old Frankie Ann Merrell, who died in the bombing, is incensed at media reports that Nichols will probably not testify in his own defense. Lead defense lawyer Michael Tigar says that while no final decision as to Nichols’s testimony has yet been made, his client is under no obligation to take the stand. [New York Times, 12/5/1997]
Defense lawyers continue their attempt to show that their client, accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), was not involved in the conspiracy to bomb the Murrah Federal Building (see December 2-3, 1997), but that others besides Nichols worked with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Two witnesses, James L. Sergent and Georgia Rucker, testify that they saw a large Ryder truck parked at Geary State Fishing Lake, north of Herington, Kansas, where Nichols lives, on April 10, 11, and 12, 1995. Prosecutors say that McVeigh and Nichols brought a Ryder truck to that lake on April 18 to assemble the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Rucker says she saw the same truck at the lake on April 18. Their testimony is designed to bolster the contention that more than just two people took part in building the bomb (see (April 1) - April 18, 1995). Defense lawyers also challenge the credibility of Roger E. Moore, an Arkansas gun dealer whom prosecutors say was robbed by Nichols as part of an attempt to finance the bomb construction (see November 17-18, 1997 and November 19, 1997). Defense witness Larry Hethcox says that Moore later told him the robber took many more items than he originally claimed in police reports. However, the prosecution forces Hethcox to acknowledge that the serial number of one of the guns found in Nichols’s house (see 3:15 p.m. and After, April 21-22, 1995) was of a gun Hethcox sold to Moore. [New York Times, 12/5/1997]
The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) mounts an attack on Nichols’s alleged co-conspirator, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols’s lawyers present evidence showing that McVeigh is an anti-government zealot who passed out extremist literature and even wore a T-shirt showing a wanted poster for Abraham Lincoln to a child’s birthday party—the same shirt he wore the day of the bombing. Witnesses testify that McVeigh gave them copies of the same anti-government literature found in the home of Nichols during an FBI search (see 3:15 p.m. and After, April 21-22, 1995). Defense lawyers say that Nichols was just one of many people to whom McVeigh gave such literature, and that McVeigh was a far more committed extremist than Nichols. The defense introduces a letter McVeigh wrote to “S.C.,” a person the FBI believes to be Steven Garrett Colbern, a drifter with a degree in biochemistry and an interest in explosives, though investigators quickly cleared Colbern of any involvement in the bombing plot (see May 12, 1995). The letter was taped to an electrical tower in the California desert, near the Arizona state line, and found by electrical worker Donald E. Pipins (see November 30, 1994). The letter says in part: “I’m not looking for talkers. I’m looking for fighters,” men who could share “a common, righteous goal.” Pipins testifies to his finding the letter. [Washington Post, 11/14/1997; New York Times, 12/6/1997]
The defense in the Terry Nichols bombing conspiracy trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) presents an array of witnesses who say they saw convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) in the company of someone besides Nichols in the days before the bombing. The defense intends to portray the still-unidentified “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995) as McVeigh’s accomplice, and not Nichols. Government officials have long claimed that “John Doe No. 2” was a misidentification by witnesses of a person who had no involvement in the bomb plot, Private Todd Bunting of Fort Riley, Kansas (see June 14, 1995). Prosecutors say that those witnesses who claim to have seen “John Doe No. 2” might have seen Bunting or other Fort Riley soldiers with other Ryder trucks aside from that used by McVeigh to deliver the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or were influenced by the wanted poster.
Dishwasher Resembled Sketch - Darvin Ray Bates, the former mayor of Waurika, Oklahoma, says in May 1995 he hired a drifter to work as a dishwasher in his Duncan, Oklahoma restaurant. The drifter resembled the sketch federal officials circulated of “John Doe No. 2,” Bates testifies. He says, “I could never pronounce his name, and he said, ‘Just call me John’.” Bates says the man told him he was from Kingman, Arizona, the same town where McVeigh lived. In the days after the bombing, Bates testifies, he told “John” that he looked like the sketch of “John Doe No. 2,” and the man never returned to work. Bates informed the FBI of the encounter, but, he says, an agent told him “they had the two arrested that they needed in the case, and if they needed additional information they could call me.” No one from the FBI contacted Bates again.
Saw Man Accompanying McVeigh One Hour before Bombing - Morris John Kuper, Jr, a computer specialist, testifies that on April 21, two days after the bombing, he told FBI agents that he saw two men getting into an old car across the street from his parking lot at the Kerr-McGee Corporation in Oklahoma City about an hour before the April 19 bombing. One man looked like McVeigh, he testifies, while the other resembled “John Doe No. 2.” Kuper says it took months for FBI agents to contact him about his sighting. Obstetrical nurse Mary Martinez has already testified about seeing McVeigh and “John Doe No. 2” in a Ryder truck in Junction City, Kansas two days before the bombing; prosecutors were able to cast strong doubts upon her story (see December 2-3, 1997).
Sightings of Man At Motel - Hilda Sostre, a maid at the Dreamland Motel, where McVeigh stayed for four days before the bombing, testifies she saw a man resembling “John Doe No. 2” at the motel on April 17, two days before the bombing. She says she saw him walking towards a large Ryder truck. If accurate, Sostre’s sighting conflicts with the prosecution’s assertion that McVeigh did not bring the truck to the motel until much later that day. Shane M. Boyd, who was staying at the Dreamland, testifies that he saw a man resembling “John Doe No. 2” at the motel on Saturday, April 15. Boyd says he passed the man while walking back to his room (see April 13, 1995).
Store Worker Saw McVeigh, Man Together - Rose Mary Zinn says that on April 17, she was working alone in a store in Lincolnville, Kansas, when two men came in. “One was blond and white, and the other one was a dark-complected guy,” she testifies. “The dark-colored guy looked mean. So I know this might sound silly, but I thought, uh-oh, I’m going to be robbed.” Instead of robbing her, they bought cigarettes and soda and left. She says she watched them get into a large Ryder truck. She cannot testify to the men’s features, and says the blond man was shorter than his companion; McVeigh is described as being significantly taller than “John Doe No. 2.”
Father and Son Saw Two Men at Lake - Raymond Siek, who was returning from a funeral on the afternoon of April 17, says he noticed a Ryder truck at Geary State Fishing Lake, the place where prosecutors say the bomb was built on April 18. Siek testifies that he saw two men, and turned to his son, Kevin Siek, and observed, “I wonder what those idiots are doing down there in the rain.” Kevin Siek also testifies: his story is that he saw three men that day, with the third being shorter and perhaps an adolescent.
Other Sightings - On April 17, two people working at the body shop that rented McVeigh the Ryder truck, Eldon Elliott and Vicki Beemer, have said they saw McVeigh and another man in the shop, but neither can describe the second man. Estella Weigel, a health care worker, has already testified she saw a man who looked like “John Doe No. 2” driving an old Mercury similar in year and color to one owned by McVeigh sometime between 7 and 8 a.m. on April 17 (see December 2-3, 1997). [New York Times, 12/10/1997]
Entity Tags: Geary State Fishing Lake And Wildlife Area, Vicki Beemer, Estella Weigel, Dreamland Motel (Junction City, Kansas), Darvin Ray Bates, Todd David Bunting, Timothy James McVeigh, Terry Lynn Nichols, Shane Boyd, Mary Martinez, Kevin Siek, Eldon Elliott, Hilda Sostre, Raymond Siek, Rose Mary Zinn, Morris John Kuper, Jr
Timeline Tags: US Domestic Terrorism
Marife Nichols (see July - December 1990), the wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), gives what analysts call a powerful defense of her husband during trial testimony. Her testimony is combined with that of three others to cast doubt on the prosecution’s assertions that Nichols conspired with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to build and detonate the bomb that killed 168 people. The defense, already having attempted to establish that an unidentified person and not Nichols conspired with McVeigh (see December 2-3, 1997, December 4, 1997, and December 9, 1997), now tries to allege that McVeigh was a member of a much larger conspiracy that federal law-enforcement officials never seriously explored. The indictments against both McVeigh and Nichols say that “persons unknown” may have assisted McVeigh and Nichols in the bomb plot. The Washington Post observes that while the others’ testimonies may have helped Nichols, Nichols’s wife’s testimony may have “done more harm than good.” The New York Times agrees, saying that her testimony “seemed to confirm some of the strongest evidence against him.” [New York Times, 12/11/1997; Washington Post, 12/12/1997; New York Times, 12/12/1997]
Mechanic Testifies to Seeing Five Men at Bomb Building Site - Charles Farley, a mechanic from Wakefield, Kansas, testifies that on April 18, 1995, around 6:00 p.m., he came across five men and four vehicles, including a large Ryder truck and a farm truck laden with bags of ammonium nitrate fertilizer, at Geary State Fishing Lake, near Herington, Kansas. Prosecutors believe that McVeigh and Nichols alone built the bomb at the state park sometime on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Farley says he later saw one of the men, an older man with gray hair and a beard, on television. A photo of the man is shown to the jury, but the man is not identified. Sources say the man is the leader of a Kansas paramilitary group.
BATF Informant Testifies - Carol Howe, a former informant for the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995), then testifies, linking McVeigh to white supremacist Dennis Mahon and a group of Christian Identity supremacists living at Elohim City, Oklahoma (see (April 1) - April 18, 1995). Howe says in the spring of 1994, Mahon took a call from a man he identified as “Tim Tuttle,” a known alias of McVeigh’s (see October 12, 1993 - January 1994). Howe says she never told BATF or any other federal agents about the conversation because she did not know “Tuttle” was McVeigh. Howe also says she saw McVeigh at Elohim City in July 1994, in the company of two Elohim City residents, Peter Ward and Andreas Strassmeir. She says at the time she did not know McVeigh. After the bombing, Howe testifies, she told FBI investigators that Ward and his brother might be “John Doe No. 1 and No. 2,” the suspects portrayed in composite sketches circulated in the days after the bombing (see April 20, 1995). She testifies that in the days following the bombing, BATF agents showed her a videotape of McVeigh, and she told the agents she had seen McVeigh at a Ku Klux Klan rally.
White Supremacist Settlement Resident Testifies about Phone Call - Joan Millar, the daughter-in-law of Elohim City religious leader Robert Millar, testifies that on April 5, 1995, she believes she spoke to McVeigh on the telephone. Phone records show that McVeigh called a number in Elohim City on that date (see April 5, 1995). “When I answered the phone, it was a male voice,” she says. “He gave a name, but it wasn’t ‘McVeigh.’ He said that he had—he would be in the area within the next couple weeks and he wanted to know if he could come and visit Elohim City.” She says the caller was reluctant to explain how he knew of the settlement, then says he met some residents at a gun show. A man with “a very broad foreign accent” had given him a card with a telephone number on it, she says he told her. She asked if he had spoken to “Andy,” meaning Strassmeir, and the caller said that may be correct. Millar says the caller told her he would call again for directions, but never called back and never came to the settlement. Millar says that while Elohim City residents were angry and worried about the federal assault on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993 and April 19, 1993 and After), they planned no retaliation. Howe, however, testifies that she heard Strassmeir, Mahon, and Robert Millar advocate some sort of direct action against the federal government. Prosecutors have always maintained that Nichols and McVeigh bombed the Murrah Federal Building in Oklahoma City to avenge the people who died at the Branch Davidian compound.
Testimony of Wife - Marife Nichols testifies that she heard her husband talk about the Davidian tragedy with McVeigh and his brother James Nichols, but says she “did not see Terry being so mad about Waco.” Marife Nichols walks the jury through the events of April 21, when she accompanied her husband to the Herington, Kansas, police station to give voluntary statements about the bombing (see 3:15 p.m. and After, April 21-22, 1995). She describes her husband as “pale and scared,” and says, “He told me his name was in the news and James Nichols was in the news, and they’re supposed to be armed and dangerous.” Her husband worried that they were being followed by “a black car” on their way to the police station. When he said that, she testifies, “I asked him right then, ‘Are you involved in this?’ and he said, ‘No.’” She testifies that before he returned from a November 1994 trip to the Philippines (see November 5, 1994 - Early January 1995) he had told her that he was no longer having dealings with McVeigh (see March 1995). “I didn’t want Tim McVeigh in our life,” she says. [New York Times, 12/11/1997]
Cross-Examination Damaging to Defense Portrayal - Lead defense attorney Michael Tigar asserts that Marife Nichols’s testimony shows that “Terry Nichols was building a life, not a bomb.” However, under cross-examination, prosecutors quickly elicit details about the Nichols’s marriage that shows the two as distant and estranged, casting a new light on Marife Nichols’s attempt to portray their relationship as close and loving. She admits that for much of their seven-year marriage, they lived apart from one another, with her returning frequently to her home in the Philippines. She also admits that Nichols lied to her about breaking off his relationship with McVeigh, and that she suspected her husband was living a “secret life” that included numerous aliases and secret storage lockers, though she says as far as she knows, McVeigh was never in their home. She responds to questions about her husband’s shadowy activities by saying: “I don’t know. I didn’t ask him.” She recalls finding a letter to Nichols from McVeigh the week before the bombing, and though she says she did not understand the letter entirely, she remembers some phrases, including “shake and bake” and “needed an excuse for your second half.” US Attorney Patrick M. Ryan shows her a pink receipt found in the Nichols home for a ton of ammonium nitrate that prosecutors say was used to make the bomb, a receipt made out to “Mike Havens,” an alias used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). The receipt was wrapped around gold coins found at the back of her kitchen drawer; federal analysts found McVeigh’s fingerprints on the receipt. Ryan places two gold coins on the receipt, fitting them precisely into two dark impressions left on the receipt, presumably by the coins. The coins belong to Nichols, and may have come from a robbery Nichols perpetrated to help finance the bombing (see November 17-18, 1997). On April 16, she says, Nichols told her he was going to Omaha, Nebraska, to pick up McVeigh, when in reality he went to Oklahoma City (see April 16-17, 1995). Prosecutors have said that Nichols helped McVeigh stash the getaway car to be used on April 19 after the bomb was detonated (see April 13, 1995). He admitted lying to her about the April 16 trip just seconds before turning himself in on April 21, she says. She admits that Nichols had used a mail-order bride service to find her, and says he once told her, “Young ones were easier to train.” Marife Nichols was 17 when she married Nichols in November 1990; after they married in Cebu City, Philippines, he left her there and returned to the US without her, only bringing her to America months later. She says that she could not remember the exact date of their wedding. She also admits that when she joined Nichols in July 1991, she was pregnant with another man’s child. That child was found in 1993 dead with a plastic bag wrapped around his head; his death was ruled an accident. The two have two more children together. She is unable to offer an alibi for Nichols’s whereabouts on the morning of April 18, when prosecutors say he helped McVeigh construct the bomb. In saying she knew nothing about the storage lockers rented under aliases, she seems to contradict Tigar’s previous assertions that the storage lockers were used for storing innocent items and Nichols chose to use aliases merely to avoid creditors (see November 3, 1997). She also contradicts Nichols’s statements to the FBI that he had not seen McVeigh for months before the bombing.
Defense Rests - After Marife Nichols’s testimony concludes, the defense rests. The Post observes: “The defense’s eight-day case was aimed at generating confusion among jurors by poking holes in the government’s scenario, with the specter of additional accomplices and a second Ryder truck. At times, it seemed like the defense was trying to put the mysterious suspect John Doe No. 2—who was never identified and never found—on trial, instead of Nichols.” Nichols does not testify in his own defense.
Prosecutors Rebut Testimonies - The prosecution offers a brief rebuttal to the testimonies of witnesses who say they saw the Ryder truck at Geary Park earlier than April 17. State park employee Kerry L. Kitchener testifies that in April 1995, he was conducting a fishing survey at the park, and he saw no Ryder truck on April 10, 11, 13, 16, or 17, dates when defense witnesses said they had seen such a truck there. He testifies that he was not at the park on April 18, when prosecutors say Nichols and McVeigh built the bomb there in a Ryder truck. [Washington Post, 12/12/1997; New York Times, 12/12/1997]
Entity Tags: Geary State Fishing Lake And Wildlife Area, Charles Farley, Washington Post, Elohim City, Carole Howe, Andreas Strassmeir, Terry Lynn Nichols, Robert Millar, Timothy James McVeigh, Patrick M. Ryan, Kerry L. Kitchener, Joan Millar, Marife Torres Nichols, Michael E. Tigar, James Nichols, New York Times, Peter Ward
Timeline Tags: US Domestic Terrorism
The prosecution and defense in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) give their closing statements.
Prosecution: Nichols an Eager Participant - Prosecutor Beth Wilkinson tells the jury that even though Nichols was at home on the day of the bombing, he was an eager participant in the bomb plot, and shares the violent anti-government views of his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Like McVeigh, she says, Nichols wanted to strike back at the federal government for its role in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He intended death, destruction, and chaos in Oklahoma City on April 19, 1995,” she says. His favorite quote is from Founding Father Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” However, “Thomas Jefferson never bombed a day care center.” Nichols was involved in the plot from its inception in September 1994, when he left his job on a Kansas ranch “to begin gathering bomb components” (see September 13, 1994 and September 23, 1994), Wilkinson says. Nichols used aliases, such as “Mike Havens,” to purchase several tons of ammonium nitrate fertilizer, a key component in the bomb (see September 22, 1994 and September 30, 1994). He took part in the robbery of a quarry to secure explosives and explosive components (see October 3, 1994), and took part in the purchase of three barrels of nitromethane racing fuel from a Texas dealer (see October 21 or 22, 1994). Nichols also robbed an Arkansas gun dealer to help finance the bombing (see November 5, 1994), a fact confirmed by testimony given by McVeigh’s friend Michael Fortier (see November 12-13, 1997) and by the FBI finding items taken in that robbery in Nichols’s possession (see 3:15 p.m. and After, April 21-22, 1995). Nichols and McVeigh had assembled most of what they needed by November 1994, she says, when Nichols went to the Philippines (see November 5, 1994 - Early January 1995); after that point, she says, “all they had to do was wait.” When Nichols returned from his trip, they resumed their activities, using sales of guns and ammonium nitrate at gun shows to give themselves alibis. In contrast to a claim made in the opening statement by Nichols’s lead lawyer, Michael E. Tigar, she says Nichols was not building a life, “he was building a bomb, and he was building an alibi.” Wilkinson says that witnesses who testified they saw McVeigh with an unidentified person, and not Nichols, in the days before the bombing (see December 2-3, 1997, December 4, 1997, and December 9, 1997), were just plain wrong. Referring to the now-infamous “John Doe No. 2,” she says: “As a result of the media frenzy, sightings of John Doe 2 were about as common and credible as sightings of Elvis. No one is telling you Tim McVeigh was never with anyone else. The issue here is, who is on trial? John Doe 2 is not on trial. Tim McVeigh is not on trial. This is the trial of Terry Nichols.” Concluding the prosecution’s close, lead prosecutor Larry Mackey tells the jury, “It’s finally time—it’s time for justice” in what he calls “America’s most horrific crime.”
Defense: Nichols Victimized by Government - Tigar tells the jury that Nichols is the victim of a farrago of errors and circumstance; the evidence against him, Tigar says, is comprised of dishonest witnesses, sloppy investigation, and misleading circumstantial evidence. “It’s kind of like a stick on the ground, as Sherlock Holmes told Watson,” Tigar says. “If you stand here and look, it seems to point there. But if you walk around to the other side, it points in the opposite direction.” A fellow defense lawyer, Ronald G. Woods, attacks the government’s case, saying, “Anything that differs from the government’s theory, they discount, put aside, ridicule.” The witnesses who saw other men in McVeigh’s company during key moments in the bomb construction timeline were neither wrong nor mistaken, he says. Neither Tigar nor Woods refer at any length to the testimony of Nichols’s wife Marife, which is largely viewed as damaging to their client (see December 10-11, 1997). Tigar continues his previous attack on Fortier, saying: “Michael Fortier is the only witness who says he ever heard anyone say they wanted to bomb the Murrah Building. His testimony was bought and paid for, not with money but with a coin that only the government has the ability to print and hand out, and that is immunity from punishment.” Tigar says that Fortier was far more of a conspirator in the McVeigh plot than Nichols, and accuses the government of turning Fortier from a co-conspirator into a witness. Woods accuses the FBI of manipulating and fabricating witness testimony. Tigar concludes tearfully: “One hundred sixty-eight people died in Oklahoma City. We have never denied the reality of that.” But this is a nation that promises equal justice under law, he says, “rich or poor, neighbor or stranger, tax protester or not, someone who’s different from us, or not.… Members of the jury, I don’t envy you the job that you have,” he says, placing his hand on Nichols’s shoulders. “But I tell you, this is my brother. He’s in your hands.” [New York Times, 12/16/1997; New York Times, 12/17/1997]
After the closing arguments (see December 15-16, 1997) in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), Judge Richard P. Matsch sends the jury to begin its deliberations. Jurors will not be sequestered and are free to go home at the end of the day. Matsch reminds the jury that “individuals, including Mr. Nichols, have the right under the First Amendment to assemble and discuss even the most unpopular ideas, including unlawful acts, and such a discussion does not constitute an unlawful agreement.” He also tells the jurors to weigh the case solely on the evidence. [New York Times, 12/17/1997] Matsch gives the Nichols jury more leeway than he gave the jury that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Though Nichols faces the same charges that McVeigh faced, Matsch tells the jurors that they can consider charges of first-degree murder, second-degree murder, or involuntary manslaughter for Nichols in the deaths of eight federal law enforcement agents in the bombing. (Because McVeigh and Nichols were tried in federal courts, they could only face charges of murdering federal agents. Both men await state charges of murdering the other 160 victims.) If convicted, Nichols could escape with as little as six years in prison without parole for his role in the deaths of the agents, or he could be sentenced to death. McVeigh’s former lawyer Stephen Jones (see August 14-27, 1997) says: “I suspect the judge’s thinking went something like this: There was no evidence Nichols was in Oklahoma City on Wednesday and that he himself set off the bomb, so the jury might infer that while he wanted to blow up the building, he didn’t specifically want to kill these people.” To find Nichols guilty of first-degree murder, the jurors must conclude that he is guilty of premeditated murder; if they do not agree on premeditation, then their next choice is second-degree murder, or failing that, involuntary manslaughter, “the unlawful killing of a human being without malice.” This would be a “lawful act, done without due caution, which might produce death,” he says. Jones is critical of Matsch’s guidelines, saying: “I can’t imagine how the judge persuaded himself to give an instruction on manslaughter. I don’t see how you get involuntary manslaughter out of building a bomb. It’s like a virgin prostitute.” [New York Times, 12/19/1997; New York Times, 12/23/1997]
Accused Oklahoma City conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 15-16, 1997) is convicted of one count of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter. He is found not guilty of use of a weapon of mass destruction (see April 16-17, 1995), and of using an explosive, as well as the more serious charges of first-degree and second-degree murder. The jury took 41 hours over six days to decide Nichols’s fate (see December 16-18, 1997). By rejecting the murder charges in the deaths of eight federal law-enforcement officials, the jury concludes that Nichols did not provably intend to kill the people inside the Murrah building. Observers and researchers such as law professor Douglas O. Linder will later conclude that the jury believed the defense’s contention that Nichols had withdrawn from the bombing plot (see March 1995 and March 31 - April 12, 1995), and was probably swayed by Nichols’s decision to stay home on the day of the bombing instead of joining convicted bomber Timothy McVeigh in Oklahoma City (see June 2, 1997) at the bomb site. The jury may also have been moved by Nichols’s show of emotion during the trial; unlike the stoic McVeigh, Nichols broke down and wept during several moments in the proceedings. Legal analysts say the split verdict is in part because of a much more effective defense (see December 2, 1997) than that presented by Nichols’s co-conspirator, McVeigh (see August 14-27, 1997), who was sentenced to death for carrying out the bombing (see June 2, 1997). Kentucky defense lawyer Kevin McNally says of the verdicts: “[They mean] he had a much less culpable state of mind regarding the homicides. To the jury, he engaged in certain actions that were reckless, but it wasn’t a premeditated killing.” Former federal prosecutor Marvin L. Rudnick says the jury “probably compromised” on the involuntary manslaughter verdicts. Lead prosecutor Larry Mackey says: “The jury has spoken. We accept their verdict in its entirety. We are prepared to go forward now with the penalty phase.” Nichols’s lead attorney, Michael Tigar, immediately files an appeal and says he will challenge any attempt by the jury to sentence Nichols to death. However, analysts feel that Nichols will escape execution. Denver attorney Andrew Cohen says: “I would be very surprised if the jury sentenced Nichols to death. They distinguished in their own minds what both men did.” Both McVeigh and Nichols face 160 counts of murder in an Oklahoma state court. [New York Times, 12/23/1997; Washington Post, 12/24/1997; New York Times, 12/24/1997; Douglas O. Linder, 2001; Indianapolis Star, 2003; Douglas O. Linder, 2006] Under federal law, a conviction of conspiracy to use a weapon of mass destruction can lead to the death penalty. The law is only three years old and has never been used. This death penalty provision was passed by Congress in 1994 after the bombing of the World Trade Center in New York (see February 26, 1993). [New York Times, 12/25/1997]
Mixed Reactions - Predictably, reactions regarding the verdict are mixed. Claudia Denny, whose two children were seriously injured in the blast, says, “We’re all disappointed, but we can live with it.” She says she would have preferred murder convictions, but “one more terrorist is off the street.… The important thing to us now is our children. This doesn’t change that. It doesn’t matter.” Bud Welch, who lost his daughter in the bombing, says that the involuntary manslaughter convictions were inappropriate because that charge is what people get “for running a stoplight” and killing someone with a car. Diane Leonard, whose husband was one of the eight law enforcement agents killed, calls the verdict “a slap in the face.” Marsha Knight, whose daughter was one of the 160 civilians killed in the blast, says: “He conspired to build the bomb. What the hell did they think he was going to do with it?” [New York Times, 12/24/1997; Washington Post, 12/24/1997] President Clinton says the convictions of McVeigh and Nichols “should offer a measure of comfort” to the relatives of the victims. But, he adds, “I know that no verdict in a court of law can ease the loss of a loved one.” [New York Times, 12/23/1997]
Judge Offers Leniency, Nichols Turns Down Offer - Judge Richard Matsch later tells Nichols he will consider some leniency in sentencing him to prison if he cooperates in helping the government learn more about the bombing conspiracy. Nichols rejects the offer. [Indianapolis Star, 2003]
Entity Tags: Andrew Cohen, Kevin McNally, Bud Welch, Douglas O. Linder, Claudia Denny, Diane Leonard, William Jefferson (“Bill”) Clinton, Marvin L. Rudnick, Timothy James McVeigh, Marsha Knight, Michael E. Tigar, Terry Lynn Nichols, Richard P. Matsch, Larry A. Mackey
Timeline Tags: US Domestic Terrorism
After two days of deliberations and testimony, the jury in the trial of convicted Oklahoma City bomber Terry Nichols (see December 23, 1997) deadlocks on whether Nichols should be sentenced to death (see October 20, 1995). The task of sentencing Nichols now falls to US District Judge Richard Matsch, who excuses the jury and begins considering the sentencing himself. Matsch has the option of sentencing Nichols to life in prison, or to a lesser term. Both Nichols and his partner, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), face murder charges in the state of Oklahoma. The prosecution put on witnesses who provided graphic, emotional testimony about the carnage and personal losses caused by the blast, while the defense painted Nichols as a loving family man who became caught up in a conspiracy he could not control. Prosecutors, already displeased by the jury’s failure to find Nichols guilty of first-degree murder, are further dismayed by the jury’s actions. Some relatives of the bombing victims, many of whom have attended every day of the trial, leave the courtroom in tears. Jury forewoman Niki Deutchman says: “I think he was building a life; he may also have been building a bomb. I don’t know.… The government wasn’t able to prove beyond a reasonable doubt a whole lot of the evidence. The government didn’t do a good job of proving Terry Nichols was greatly involved in this.” She says some jurors did not believe that Nichols was an equal partner in the bombing with McVeigh, and some believe his role to be peripheral at best. The prosecution’s case, Deutchman says, had large holes which some jurors believe preclude a death sentence. “There were a lot of specific acts [alleged by the government] that I had doubts about,” she says. The FBI came across as “arrogant” and “sloppy” in its investigation, Deutchman says, and notes: “I think the government’s attitude… is part of where all this comes from in the first place. I think maybe it’s time the government be more respectful… and not with the attitude that we know and you don’t, we have the power and you don’t.” Other jurors cite the failure of FBI agents to tape-record their initial interrogation of Nichols (see 3:15 p.m. and After, April 21-22, 1995) as one of many troublesome acts carried out by law enforcement officials. Diane Leonard, who lost her husband in the bombing, expresses her horror at the failure to impose the death sentence, saying: “At the verdict, I felt like a knife was piercing my chest. In any civilized society, death is the only appropriate punishment for such an horrendous act.” Other relatives of the victims call the jury inept and unfair. Matsch praises the jury, saying: “You worked at it; there’s no question about it. The result here will be subject to comment by many. There will be some who will criticize it. There will be some who praise it. You know that you are answerable to no one for your decisions.” Nichols’s lead attorney, Michael Tigar, says, “The jury has spoken, and the judge in summarizing this proceeding has given everybody an invaluable object lesson on how the American justice system works.” Denver lawyer Scott Robinson, who has attended the trial as a media commentator, reminds onlookers: “You can make any calculation you want; Terry Nichols is not going home any time soon or ever. I call it a Methuselah sentence. Only Methuselah would live to see the light of day.… It’s not a crushing defeat for the prosecution. If people view it as that, shame on them.” [Washington Post, 1/8/1997; New York Times, 12/30/1997; New York Times, 1/2/1998; Boston Globe, 1/8/1998; New York Times, 1/8/1998; Douglas O. Linder, 2001]
Analysts, Oklahoma Governor Weigh In - Denver attorney Andrew Cohen, like Robinson and other legal analysts, says the outcome is understandable. “You had far less evidence against Nichols than you had against McVeigh and I think that’s the ultimate truth about this Nichols trial,” he says. “I think that justice was served in the first trial and, I think, that the result of this Nichols trial, when the judge sentences Nichols, will be about as close to justice as I can imagine.” Law professor Christopher Mueller notes that Nichols wasn’t in Oklahoma City when the bomb was detonated (see March 1995 and April 16-17, 1995), and defense lawyers were skillful in casting doubt on whether Nichols actually helped McVeigh assemble the bomb (see April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995)). “A verdict of death for Timothy McVeigh and a verdict of a long prison term for Terry Nichols is a just outcome,” he says. Oklahoma Governor Frank Keating is sharply critical of the failure to sentence Nichols to death. “This was the most monstrous act of terrorism ever in the history of the United States,” he says. “The people who did this deserve the death sentence and certainly life in prison—and that hasn’t happened here yet.” Vera Chubb, who served on McVeigh’s jury, is dismayed by the outcome. “They [McVeigh and Nichols] had two years to plan this. If I knew of a friend or anyone that I thought was going to do this horrendous crime, I would have said something,” she says. “I was completely dismayed by this jury.” [Associated Press, 1/11/1998] Keating adds that he is “disappointed with the jury. They were expected to make this decision. This is what juries are supposed to do, and they walked away from it. I’m cautiously optimistic that Judge Matsch, who is a tough, no-nonsense, fact-filled, moral judge will make a decision to impose a life sentence on Nichols. We do have a backup prosecution in Oklahoma which, of course, I support, and we’ll wait and watch and see what happens.” [New York Times, 1/8/1998]
Entity Tags: Frank Keating, Christopher Mueller, Andrew Cohen, Federal Bureau of Investigation, Diane Leonard, Vera Chubb, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch, Scott Robinson, Michael E. Tigar, Niki Deutchman
Timeline Tags: US Domestic Terrorism
Prosecutors in Oklahoma City say they want a joint trial for convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) on 160 charges of first-degree murder. Oklahoma County District Attorney Robert Macy says he intends to bypass the customary grand jury and file charges against the two on his own for the 160 civilians who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). According to Assistant District Attorney Richard Wintory, Macy wants a joint trial with two separate juries. Trying the two again is not a violation of the constitutional ban on double jeopardy, because they were convicted on federal charges that involved the deaths of eight federal agents (see August 10, 1995). They have not been tried for the deaths of the 160 civilians. Wintory says the use of a double jury would save a great deal of time because “there is such a large overlap of the evidence” against both men. When evidence that has been ruled inadmissible against one defendant is to be introduced against the other, Wintory says, the jury that may not hear that evidence will be asked to leave the room. Double juries have been used successfully in other trials, and would spare the survivors and victims’ families of the bombing the stress and trauma of two more trials, a point agreed to by Jeffrey Abramson, a professor of government at Harvard. He says “the idea of two consecutive trials on top of two consecutive trials is too much for the public, the defendants, and the families to bear.” The use of two juries is “a way of balancing defendants’ rights and victims’ rights in a speedy trial.” However, “[i]t changes the psychodynamics of what it means to be on a jury. Two juries sitting in the same room will eyeball the defendant they’re not being asked to try. Certainly, this is not in Terry Nichols’s best interest. If I were his defense lawyer, I would resist.” Having McVeigh and Nichols in the same courtroom “carries a certain suggestion they were in cahoots.” [New York Times, 1/9/1998]
Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), sends a 16-page letter to Judge Richard Matsch declaring that he would give up his life if it would bring back the 168 people who died in the blast. “If I in any way contributed to the Oklahoma City bombing, I am truly sorry,” he writes. “I’ve tried and tried, but there are no words that I can express to the victims and survivors for the loss, pain, sorrow, and heartache that they have gone through and will continue to go through for the rest of their lives.… I wish I could change the past, but I can’t. No one can. This is not anything that I ever wanted to happen. It’s a totally senseless act. This is a burden that I will carry with me all my life.” Nichols says that he never wanted to harm or kill anyone or to damage or destroy any buildings, and writes: “I would not do a horrible thing such as a terrorist bombing.… My heart truly goes out to the victims and survivors. And I am sincere when I say that I would give my life if it would bring back all those that died in the bombing.” He implies that he never believed his co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) would actually go through with the bombing. [New York Times, 3/25/1998; Chicago Tribune, 6/5/1998; Indianapolis Star, 2003; Douglas O. Linder, 2006; The Oklahoman, 4/2009]
Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), refuses an offer of leniency in his upcoming sentencing, an offer contingent on his cooperation in the FBI’s continuing investigation of the bomb plot. In a brief filed by his lawyers, Nichols says any such cooperation would help the state of Oklahoma convict him on 160 counts of murder relating to the bombing. He does offer to look over the thousands of pages of government evidence in an attempt to help the government pinpoint any other suspected participants. Judge Richard Matsch has said he would sentence Nichols to life in prison unless Nichols cooperates with the FBI. Nichols’s lawyer Michael E. Tigar has said that Nichols still faces a state murder investigation in Oklahoma, and “whatever he says falls into hands that do not have his best interests at heart.” [New York Times, 3/26/1998; Washington Post, 4/21/1998]
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