!! History Commons Alert, Exciting News
Profile: Timothy James McVeigh
a.k.a. Tim Tuttle, T. Tuttle, Terry Tuttle, Shawn Rivers, Tim Johnson
Timothy James McVeigh was a participant or observer in the following events:
A New York Times editorial warns that the conviction and death sentence of domestic terrorist Timothy McVeigh (see June 11-13, 1997) has done nothing to stem what it calls “the violence of the militias that inspired him.” The editorial warns: “The militias are different from anything that preceded them because they gather not to take out their rage on Communists or minorities, but to wage war against a government they consider treasonous. In recent years militia groups have assaulted, harassed, and threatened scores of government officials. It is difficult for most Americans to take seriously a group of people whose targets include America’s county clerks and whose members hold that manufacturers’ labels on the backs of road signs actually point the way to the nearest concentration camp. But militia ideology has already provoked the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), the worst act of terrorism ever to take place on American soil. Since that act the militias have continued to grow, and the possibility of more terrorism is undimmed.” Some American communities, the editorial observes, “can no longer enforce their land, tax, and weapons laws, unwilling to risk that an employee might be attacked by militia members” (see January 1994 and April 1994). Firefighters fear taking helicopters over land owned by some militia members, because they worry they will be shot down. Militia officials have filed phony liens against local officials in at least 23 states (see 1993-1994). The editorial states: “The militias are a particularly insidious strain of the American viruses of paranoia and violence. They echo the white supremacy of the Ku Klux Klan and the conspiracy theories and gun obsessions of the John Birch Society. They draw on the American icon of the man who wants to be left alone to live by his creed, taking ideas and leaders from the rural Posse Comitatus movement that reached its peak during the farm crisis of the 1980s (see 1969).… [W]ith the end of the cold war, it may be that conspiracy theories once obsessed with Communism turned inward toward the American government. The militias, most of which operate in small, autonomous groups, now also have the Internet to propagate theories and plans.” The McVeigh case has invigorated many hardcore militia groups, many of whom insist the bombing was carried out by the government to discredit the militia movement and to justify its intention to implement martial law and tyranny. Many mainstream groups such as the National Rifle Association (NRA) welcome militia members and echo many militias’ ideologies and beliefs. And some lawmakers, such as Representative Helen Chenoweth (R-ID), are openly sympathetic to the militias (see February 15, 1995 and May 2, 1995). The editorial concludes with praise for the federal government’s peaceful resolution of the Montana Freemen standoff (see June 13, 1996), stating: “The Freemen standoff also showed the importance of public condemnation of violence. The Freemen found little support in surrounding communities. While militia forces thrive on government attacks, they cannot withstand the disdain of their neighbors. The militias are so widespread because they ostensibly draw on ideas strongly rooted in American history. But even citizens with sympathy for those ideas need to distinguish between their peaceful and their violent expression.” [New York Times, 6/14/1997] The editorial echoes concerns recently expressed by Times columnist Frank Rich (see June 5, 1997).
Many legal experts say Timothy McVeigh’s defense lawyers may have inadvertently helped sentence their client to death (see June 11-13, 1997). At McVeigh’s behest, the defense lawyers’ strategy was to paint McVeigh as a political idealist who believed that the government’s actions at Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and the Branch Davidian compound near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), constituted the first wave of a larger assault by the government against its citizenry. Instead, many analysts say, the jury may have taken account of those beliefs in deciding McVeigh deserved to die. Law professor Laurence H. Tribe says, “The more he seemed like a person who misguidedly, but deliberately, schemed a form of revenge that involved the sacrifice of innocent life, the less likely the jury was to spare his life.” Fellow law professor Erwin Chemerinsky agrees, saying: “We especially want to deter people from thinking they can commit mass murder in the name of politics. My guess is that the defense was hoping that the jury would see this as a person outraged and maybe feel more empathy with him. I certainly think that from the defense perspective it was a counterproductive instruction.” Tribe believes McVeigh himself insisted that his lawyers emphasize his political ideology, saying: “Clearly Mr. McVeigh was unwilling to portray any kind of remorse through his demeanor or what he would allow his lawyers to argue. They must have decided that their only remaining recourse was to make what he did understandable, if outrageous.” [New York Times, 6/14/1997] McVeigh’s mother blames the government and the news media for McVeigh’s conviction and death sentence (see June 13, 1997).
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).
The US Senate votes 98-0 to bar burial and other veterans benefits for anyone found guilty of capital offenses. The measure is directed at former Army Sergeant Timothy McVeigh, recently sentenced to death for killing eight federal employees in the Oklahoma City bombing (see June 11-13, 1997), to prevent him from being buried in a military cemetery after he is executed. [Chicago Sun-Times, 6/19/1997] Six days later, the House of Representatives votes to approve a similar resolution sponsored by Spencer Bachus (R-AL). Bachus says his bill was motivated not only by McVeigh, but by another crime: the 1981 slaying of an African-American teenager by Ku Klux Klan members. One of those convicted in the slaying, Henry Francis Hays, was executed and then buried in a Mobile, Alabama, military ceremony with full honors. Hays served briefly in the US Army in the early 1970s. “In a military ceremony, we said to our children and our grandchildren, ‘We’re overlooking this [crime], this is a good soldier,’” Bachus says. The Hays burial caused people to ask: “Who is entitled to a hero’s funeral? Who are our heroes?” As a decorated veteran of Desert Storm, McVeigh could have asked to be buried in Arlington National Cemetery. [Deseret News, 6/24/1997; Associated Press, 6/24/1997] McVeigh’s lawyer Stephen Jones calls the legislation a non-issue, saying his client has not asked to be buried in a military cemetery or to be buried with honors: “The controversy about Mr. McVeigh’s burial in a national cemetery is a classic straw man argument. Mr. McVeigh has not demonstrated any intent or desire to be buried in a national cemetery. The politicians are simply flogging this issue for votes when they should be concerned with the legitimate problems of the country. Mr. McVeigh hasn’t been formally sentenced to die yet. He has not lost his appeals, and moreover, he has not been executed yet.” [Rocky Mountain News, 6/20/1997]
A.M. Rosenthal. [Source: Schema Root (.org)]New York Times executive editor and columnist A.M. Rosenthal writes an excoriating op-ed column about the “traitor movement” that he says impelled Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to carry out the bombing of a federal building and kill 168 people (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Neither Congress, state governments, law enforcement agencies, nor American political parties have “done their duty,” he writes, in protecting the citizenry from what he calls “the gangs of armed racists who conceived and organized the crusade that inspired” McVeigh. “Since that day,” Rosenthal writes, “nothing has been done that diminishes the vivid likelihood that these gangs will carry out or inspire other bombings in other cities. They call themselves militia and patriots. But they are exactly what a prosecutor said about Timothy McVeigh—traitors. They talk and think like sick paranoids, which they are. But they know what they are doing. They are trying to inject civil servants with terror, prevent state governments from functioning, and eat away at American confidence in the ability of government to protect the citizenry and itself.” The “patriot movement” continues to, among other things, buy and distribute explosives for more bombings, cheat on their taxes, and commit an array of crimes, from money laundering to robbery to violent attacks on law enforcement officials and even murder. Most state law enforcement agencies are “paralyzed” by inaction, Rosenthal writes, with many state attorneys general refusing to enforce state legislation against militia and paramilitary “gangs.” Gun-rights advocates argue against any laws against gun distribution or ownership, Rosenthal writes, and as a result the most violent and deranged racists and anti-government activists have no problem assembling their own arsenals. In many instances, he writes, local militia organizations outgun the local and even state police. President Clinton spoke out against militias in the days after the Oklahoma City bombing, but, Rosenthal writes, he was drowned out by “politicians, lobbyists, and journalists who wanted him defeated in 1996 [calling him] a vote-hunting manipulator.… Since then there has been not much leadership from the president against armed racism and rebellion, no plan of action.” It is up to the press, he writes, to “report the importance” of the government’s failure to take action against the militia, and the public to “raise a gigantic fuss about the country’s collective refusal to do anything but shake its head and wipe its eye.” [New York Times, 6/20/1997]
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]
Lawyers for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) ask Judge Richard P. Matsch for a new trial. They cite a number of reasons for the request, including what they call juror misconduct. Lead lawyer Stephen Jones says that jurors violated an order by Matsch not to discuss the case among themselves before they began their deliberations, referring to a conversation held on May 9 in which one juror allegedly said during a break, “I think we all know what the verdict should be.” Matsch was made aware of the conversation and decided it warranted no action. However, Jones says the conversation proves that McVeigh did not have “an impartial jury.” Jones also says McVeigh was denied a fair trial by Matsch’s ruling that the defense could not introduce into evidence a Justice Department report that criticized practices at the FBI crime laboratory (see January 27, 1997 and April 16, 1997). Jones also attacks Matsch’s refusal to allow the testimony of federal informant Carole Howe (see May 23, 1997), which might have led the jury to conclude that “the government failed to investigate leads which concerned a larger conspiracy to bomb the Federal Building in Oklahoma.” Matsch ruled that Howe’s testimony would have been irrelevant to the charges against McVeigh. “Had the defense been allowed to admit Howe’s testimony and present evidence that others may have committed the bombing,” Jones argues, “the seeds of reasonable doubt would have been planted in the minds of the jurors.” [New York Times, 7/8/1997] Prosecutors will oppose the request, calling the trial “scrupulously fair” and “close to perfect” in its handling. [New York Times, 7/25/1997] Matsch will deny the request (see August 12, 1997).
Federal Judge Richard P. Matsch refuses to grant convicted Oklahoma City bomber Timothy McVeigh’s request for a new trial (see July 7-25, 1997). Matsch says McVeigh’s trial was fair and impartial. McVeigh’s lawyer, Stephen Jones, says he will appeal Matsch’s ruling. [New York Times, 8/12/1997]
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]
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), facing execution for his crimes (see June 11-13, 1997), is officially sentenced to death by Judge Richard P. Matsch. The hearing is a formality, as a jury sentenced McVeigh to death the day before; the entire proceeding takes nine minutes. Before Matsch pronounces sentence, he allows McVeigh to speak on his own behalf. McVeigh does so—briefly and cryptically. McVeigh says: “If the court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote: ‘Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.’ That’s all I have.” McVeigh is referring to a dissent written by Supreme Court Justice Louis D. Brandeis in a 1928 decision, Olmstead v. United States, which upheld the use of wiretap evidence. Brandeis’s dissent said that the government may not commit crimes to enforce the law, and warned of “terrible retribution” if it did. Stephen Jones, McVeigh’s lead lawyer, refuses to speculate as to why McVeigh chose to use that quote, though Jones says it is a favorite of his client. McVeigh believes the government broke the law in the Branch Davidian siege (see April 19, 1993 and April 19, 1993 and After). Jones’s defense partner, Christopher Tritico, tells reporters he is unfamiliar with the quote and will have to look it up. US Attorney Patrick M. Ryan, part of the prosecution team, later says that McVeigh’s remarks were so fleeting that “I didn’t catch it all.” Many families of the bombing victims find McVeigh’s quote cryptic and unclear. Roy Sells, who lost his wife in the bombing, says: “I don’t know if he was referring to the Waco deal or what. I wish he would’ve quoted something from his own heart instead of out of somebody else’s book. I wanted to hear what he had to say about it.” A survivor of the bombing, Paul Heath, says McVeigh’s statement makes it clear he remains unrepentant and still considers himself a revolutionary. During the proceeding, Matsch asks McVeigh for permission to release a letter McVeigh wrote to him on June 22, which asked that Jones be replaced by other lawyers from the defense team for his appeals: Richard Burr, Robert Nigh Jr., and Randall Coyne. The letter was not specific about McVeigh’s reason for requesting Jones’s removal, but cited “problems and difficulties I have had with my appointed counsel in the past.” McVeigh will publicly blame Jones for “screwing up” his trial, and has reportedly told a Buffalo News reporter that he believes Jones repeatedly lied to him about unnamed aspects of the trial (see August 14-27, 1997). Jones merely reminds reporters: “I did not seek this appointment. I am, as I said, a draftee” (see May 8, 1995). [New York Times, 8/14/1997; Serrano, 1998, pp. 320; University of Missouri-Kansas City School of Law, 2006; University of Missouri-Kansas City School of Law, 2006] McVeigh will later explain his choice of quote to Buffalo News reporter Lou Michel. “I want people to think about the statement,” McVeigh will say. “What [lead prosecutor Joseph] Hartzler is trying to do is not have people learn. He wants to have them put their heads in the sand.” The Brandeis quote, McVeigh will say, reflects on the death penalty: the government says it is wrong for McVeigh to have killed, and yet “now they’re going to kill me. They’re saying that’s an appropriate way to right a wrong?” [Serrano, 1998, pp. 321]
Entity Tags: Paul Heath, Lou Michel, Joseph H. Hartzler, Christopher L. Tritico, Patrick M. Ryan, Timothy James McVeigh, Roy Sells, Richard Burr, Richard P. Matsch, Stephen Jones, Robert Nigh, Jr, Randall Coyne, Louis Brandeis
Timeline Tags: US Domestic Terrorism
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), facing execution for his crimes (see June 11-13, 1997), says his lead defense lawyer Stephen Jones “screwed up badly,” accuses Jones of lying to him repeatedly, and says he does not want Jones to continue representing him (see August 14, 1997). The Buffalo News has reported that McVeigh told a reporter: “It’s a cultural clash between us. Jones would be a politician, and I’d be a statesman.… The truth is this guy only succeeded in getting the death sentence and now he doesn’t want to let go.” An appeals court names Robert Nigh Jr., one of McVeigh’s trial lawyers, to be in charge of his appeal. [New York Times, 8/14/1997; New York Times, 8/28/1997; Serrano, 1998, pp. 319] In a statement given to the press after McVeigh’s sentencing, law professor and appellate lawyer Alan Dershowitz agreed with McVeigh. “When [McVeigh] gets to prison, he’s going to learn that his lawyer did a terrible job,” said Dershowitz. “This is going to be the grist of the eventual appeal. This was an awful, awful defense.… His lawyers seemed to be more interested in their own reputations.” [Washington Post, 6/14/1997] Four days later, Jones agrees to resign as McVeigh’s counsel. Jones denies lying to McVeigh, saying: “No one has lied to Mr. McVeigh on the defense team. Certainly I haven’t lied to him, and I can’t imagine that anybody else” on the defense team has. “I think it would be extremely difficult to represent him in view of these statements he has made that have no basis in fact. He doesn’t have any basis to seek my withdrawal, but I have a basis to seek it.” He refers to McVeigh as a “liar and an ingrate.” McVeigh has said he will leave it to “Congress, the bar, and the judiciary to investigate and discover” the alleged lies and misconduct of Jones. He also has said he bears no ill will towards the jurors who convicted him, stating, “I thought they ruled too much on emotion, but I wanted to convey no personal vendetta against them.” He said some of the prosecution’s evidence against him “was false or some could be reasonably explained by other phenomenon.” [New York Times, 8/19/1997; New York Times, 8/21/1997; Fox News, 4/13/2005] Shortly thereafter, Jones will announce that he has signed a contract to write a book about the trial. [Serrano, 1998, pp. 319] In 1998, the press will report that when McVeigh learned of Jones’s book deal, he considered it a betrayal, and wrote: “Mr. Jones did this without informing me and without my consent. I cannot believe that his account will not be based upon confidential communications. I consider this to be a betrayal.” Jones will respond that McVeigh knew of his book deal, and discussed whether Jones could help his sister Jennifer find an agent to represent her for her own book deal. Jones will write: “I intend to write a book not about Mr. McVeigh, but about my personal experiences of my role and what it was like for me. All the material for this book is either in the court records, the transcripts and exhibits, or in the press. None of it comes from Tim or any source confidential to him.” The writings from McVeigh and Jones will come from documents later unsealed by the court. [New York Times, 2/11/1998]
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) concedes that his chances of avoiding execution through an appeal are “slim to none.” In a jailhouse interview published in the Buffalo News, McVeigh says the government’s evidence against him was problematic: “Some of it was false or some could be reasonably explained by other phenomenon.” McVeigh says that lab tests could have shown that the traces of explosive materials found on his clothes when he was arrested came from his own handgun. “What does that tell you about the objectivity of the FBI lab?” he asks (see January 27, 1997). [Mayhem (.net), 4/2009]
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]
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]
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]
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]
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) sends a letter to the Dallas Morning News that says he expects the appeals of his conviction to fail. “Because of the intense public pressure and demand for my blood, I do not see an appeals court ruling in my favor,” he writes, echoing a statement made to a Buffalo News reporter (see August 17, 1997). McVeigh writes: “I have no fear of execution. If anything, death by execution is much more predictable than normal life or combat—because I at least know when and how I’m checking out.” [New York Times, 12/20/1997; Mayhem (.net), 4/2009]
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]
Lawyers for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) ask the US Court of Appeals for the 10th Circuit, based in Denver, for a new trial for their client. They argue that McVeigh did not receive a fair trial. In a 225-page brief, McVeigh’s lawyers say that Judge Richard P. Matsch, the federal district judge who presided over McVeigh’s trial and sentencing, made a number of errors in his rulings, jurors had been exposed to prejudicial information in news reports that McVeigh had confessed to his defense team (see February 28 - March 4, 1997), Matsch ignored juror misconduct, and Matsch allowed “unfairly prejudicial, inflammatory” testimony from bombing survivors. [New York Times, 1/17/1998]
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]
Stephen Jones, the former lawyer for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and August 14-27, 1997), says he will fight a subpoena from a grand jury investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Documents unsealed today show that the grand jury asked the Oklahoma County District Attorney’s office in February to subpoena Jones. “I will not testify,” Jones says, citing both his attorney-client privilege and the Oklahoma shield law protecting journalists from testifying before grand juries. Jones says the shield law applies to him because he is writing a book and three law review articles about issues arising from the case that do not involve privileged information, as well as his appearances as a television commentator. The grand jury was convened after a campaign by Oklahoma State Representative Charles Key (R-Oklahoma City) and accountant Glenn Wilburn (see June 30, 1997). The grand jury does not have any connection with the District Attorney’s upcoming charges against both McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s current lawyer, Robert Nigh Jr., says the subpoena is a surprise to him. McVeigh has not waived his attorney-client privilege as it pertains to Jones, and any testimony by Jones could jeopardize McVeigh’s appeals. “He’s asked the 10th Circuit to grant a new trial,” Nigh says. “Anything revealed to the grand jury in the nature of defense work product could defeat our defense at a new trial and reveal our strategy.” Law professor Samuel Issacharoff has mixed feelings about the subpoena: “It should be unusual, exceptional and discouraged to try to turn lawyers into witnesses,” he says. “On the other hand, there is a distressing practice of lawyers holding press conferences and holding themselves out as commentators on the events of the day, including their perception of the client. The result is, they seem to invite this. It is a very unfortunate development because it places the lawyer’s interests starkly against those of the client.” [New York Times, 4/25/1998]
Theodore ‘Ted’ Kaczynski, convicted of charges stemming from the ‘Unabomber’ serial bombing spree, is escorted into the courtroom to hear his sentence. [Source: Associated Press]An unrepentant Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), is sentenced to four life terms in prison with no possibility of release (see January 22, 1998). [Washington Post, 1998] Representatives of some of his victims’ families speak out during the sentencing hearing. “Lock him so far down that when he dies he will be closer to hell,” says Susan Mosser, whose husband Thomas Mosser was killed by one of Kaczynski’s bombs (see December 10, 1994). “May your own eventual death occur as you have lived, in a solitary manner, without compassion or love,” says Lois Epstein, whose husband Charles Epstein suffered a crippling injury to his hand due to another Kaczynski bomb (see June 22, 1993). In handing down his sentence, Judge Garland Burrell Jr. says, “The defendant committed unspeakable and monstrous crimes for which he shows utterly no remorse.” Kaczynski still poses a grave danger to society and would mail his bombs again if he could, Burrell says. Kaczynski delivers a statement to the court; he expresses no remorse whatsoever for his actions, and instead accuses the government of distorting the meaning of his crimes. “Two days ago, the government filed a sentencing memorandum, the purpose of which was clearly political,” containing “false statements, misleading statements,” he says. Kaczynski is referring to excerpts from his journals which prosecutors used to portray him, not as a principled citizen out to save society and the environment from the ravages of technology, but, in the words of the Washington Post, as “a petulant, almost childish murderer who killed to extract ‘personal revenge’ on people who crossed him—from women who did not respond to his overtures to campers who wandered by his Montana cabin to planes filled with ‘a lot of businesspeople.’” Kaczynski tells the court: “By discrediting me personally, they hope to discredit my political ideas.… At a later time I expect to respond at length to the sentencing memorandum. Meanwhile, I hope the public will reserve judgment against me and all the facts about the Unabomb case until another time.” After Kaczynski speaks, Susan Mosser walks to the prosecutors’ table and speaks. “Nails,” she says. “Razor blades. Wire. Pipe and batteries. The recipe for what causes pain. Hold it in your hand, as my husband Tom did, and you feel unbearable pain.” She tells how Kaczynski’s bomb, made with wires and pipes and filled with nails, tore her husband’s torso apart, spilling his entrails over the kitchen floor. Other victims tell the court that they would have supported a death sentence. Nicklaus Suino, injured by one of Kaczynski’s bombs (see November 15, 1985), says, “I wouldn’t have shed a tear if he was executed.” David Gelernter, another man crippled by one of Kaczynski’s bombs (see June 24, 1993), says he argued for a death sentence but says that Kaczynski will live on as “a symbol of cowardice.” Kaczynski’s brother David Kaczynski speaks briefly outside the courthouse, telling reporters: “There are no words to express the sorrow of today’s proceedings. To all of these people, the Kaczynski family offers its deepest apologies. We’re very, very sorry.” [Washington Post, 5/5/1998] Kaczynski will live out his sentence at the Florence, Colorado, “Supermax” federal prison, in a small cell equipped with a shower, toilet, electric lamp, concrete desk and stool, and a small television. He will have access to books from a well-stocked library, and will eat three meals a day in his cell. The Florence facility is considered the most secure prison in the nation; it is designed to house “the folks who simply cannot function in open institutions,” according to research analyst Tom Werlich. Kaczynski will not be alone at the “Supermax” facility: others such as Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and World Trade Center bombing mastermind Ramzi Yousef (see February 7, 1995) are in the same facility. Like the other inmates, Kaczynski will have no contact with other inmates, and for the two hours a day he spends outside his cell, he will be constantly escorted by at least two guards. [Associated Press, 7/4/1998]
Entity Tags: Nicklaus Suino, David Kaczynski, David Gelernter, Charles Epstein, Lois Epstein, Washington Post, Thomas J. Mosser, Susan Mosser, Theodore J. (“Ted”) Kaczynski, Tom Werlich, Garland E. Burrell Jr., Timothy James McVeigh, Ramzi Yousef
Timeline Tags: US Domestic Terrorism
Michael Fortier, a co-conspirator in the Oklahoma City bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, October 21 or 22, 1994, and December 16, 1994 and After) who cooperated with authorities in testifying against bombers Timothy McVeigh and Terry Nichols (see May 19, 1995, August 8, 1995, April 29-30, 1997, May 12-13, 1997, and November 12-13, 1997), is sentenced to 12 years in prison for his role in the bomb plot, fined $200,000, and ordered to pay $4,300 in restitution. Judge G. Thomas Van Bebber’s decision seeks a middle ground between the relatives of bombing victims, who have demanded a harsh sentence for Fortier, and federal prosecutors, who recommend leniency for Fortier’s cooperation. Fortier’s lawyer Michael McGuire tells Van Bebber: “Michael Fortier did not believe Timothy McVeigh was going to carry out the bombing. For his negligence, he will always be the unforgiven man.” Fortier also receives credit for the 34 months he has already served in detention. In the sentencing hearing, Fortier apologizes to the victims for not turning in McVeigh and Nichols ahead of the bombing. “I deeply regret not taking the information I had to the police,” he says through tears. “I sometimes daydream that I did do this and became a hero, but [the] reality is that I am not.… I have paid close attention to the testimony given by the bombing survivors. The stories are so horrifying, so heartbreaking, and so full of human suffering that I cannot bear them. I am too weak to contemplate them for long. I feel as if my mind will break and I’ll cry and cry and never stop. Dear people, please, I offer my apology and I ask you to forgive me.… Please, please don’t let thoughts of me continue to hurt you.” Many survivors and victims’ relatives testify at the sentencing, telling of the grief and despair they and their families have suffered. Constance Favorite, who lost a daughter in the bombing, tells the judge: “All he needed to do was take responsibility and call. One phone call would have done it.” Marsha Kight, who also lost a daughter in the bombing, says Fortier’s sentence is too light. “Life in prison is what I would have considered enough,” she says. “I think he conspired. I think he helped buy components for the bomb. What do you call that?” Prosecutors call the sentence “appropriate” and say they are unmoved by Fortier’s declarations of remorse. “I think everyone in the courtroom had to think that it’s a little too late and a little too little,” says US Attorney Patrick M. Ryan. Van Bebber, chief judge of the US District Court for Kansas, was appointed to handle the sentencing because an appeals court ruled in 1995 that Oklahoma City federal judges had a potential conflict of interest in the case. The Oklahoma City federal courthouse sits across the street from where the Murrah building once stood, and itself was damaged by the bombing. [Washington Post, 5/28/1998; New York Times, 5/28/1998; Douglas O. Linder, 2001; The Oklahoman, 4/2009] Van Bebber rejected pleas for leniency from Fortier’s lawyers, who asked that Fortier be sentenced to serve the 33 months he has already been incarcerated—essentially setting him free immediately. He followed prosecutors’ recommendations that Fortier serve between 11 and 14 years, after saying that he was considering sentencing Fortier to over 17 years in prison. [New York Times, 5/13/1998] Fortier’s lawyers say they will appeal the sentence, and accuse prosecutors of misrepresenting the amount of jail time they would seek if Fortier cooperated with the investigation and testified in the McVeigh and Nichols trials. [Indianapolis Star, 2003] Fortier will win an appeal of his sentencing; the appellate court will find that Van Bebber used sentencing guidelines that were too strict. Fortier’s jail sentence will remain the same, but his fine will be reduced to $75,000. [The Oklahoman, 4/2009] He serves his sentence in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). He will be released in January 2006, after serving 10 years and six months of his sentence. [Douglas O. Linder, 2001]
Judge Richard P. Matsch sentences convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997) to life in prison without the possibility of parole after his jury cannot decide whether to sentence him to death (see January 7, 1998). He is also sentenced to eight concurrent six-year terms for the deaths of eight federal agents. Matsch orders Nichols to pay $14.5 million in restitution to the General Services Administration (GSA) for the destruction of the Murrah Federal Building. Nichols swears he has only $40,000 in assets; Matsch says that any future proceeds he might receive for selling his story would be given over to the government. Nichols’s defense team tried in vain to assert that Nichols was a “dupe” of fellow defendant Timothy McVeigh (see June 11-13, 1997) and should be given a lighter sentence. Nichols, who refused to provide information about the bombing plot, gave Matsch a written apology (see March 10, 1998). Matsch says Nichols committed an act of treason that demands the most severe punishment: “The only inference that can be drawn from the evidence is that the purpose of the plan was to change the course of government through fear and intimidation.… The evidence shows to my satisfaction that the intention was to disrupt, to disorganize, to intimidate the operations of these agencies and United States government. Apparently, the intention was that the response would be fear and terror and intimidation and that these people would not be able to perform their work and that the response throughout the nation would be hysteria.… But you know, it didn’t work out that way. There was no anarchy. There was no reign of terror.… What occurred was that a community became even more united, and I think perhaps the country as well. We proceeded with the orderly processes of recovery and of restoration.… What he did was participate with others in a conspiracy that would seek to destroy all of the things that the Constitution protects. My obligation as a judge is to preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic. Terry Nichols has proven to be an enemy of the Constitution, and accordingly the sentence I am going to impose will be for the duration of his life. Anyone, no matter who that person might be or what his background might be, who participates in a crime of this magnitude has forfeited the freedoms that this government is designed to protect.” Prosecutors say they are pleased with the sentence, while Nichols’s defense lawyers continue to assert that Nichols did not intend to kill anyone in the bombing. Nichols’s lead attorney, Michael Tigar, files papers calling for a new trial; Matsch says he will schedule a hearing. Marsha Kight, whose daughter Frankie Ann Merrell was killed in the bombing, says: “I’m proud of what happened in the judicial system. I felt like singing ‘God Bless America.’ He got what he deserved.” [Chicago Tribune, 6/5/1998; Washington Post, 6/5/1998; New York Times, 6/5/1998; Douglas O. Linder, 2001; Indianapolis Star, 2003; Fox News, 4/13/2005] Nichols will serve his term in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). [Douglas O. Linder, 2006] Nichols refused an offer of leniency in return for his cooperation in further investigation of the bombing (see April 21, 1998).
The New York Times reports on previously undisclosed letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), as well as similarly undisclosed suspicions among McVeigh’s family members that he carried out the bombing—suspicions that they later shared with FBI investigators. According to the letters, all written to his younger sister and confidant Jennifer McVeigh, McVeigh was despondent over not being able to confide the extent of his anti-government activities to his family, even Jennifer, and at at least one point contemplated suicide. The Times obtained copies of the letters and summaries of the interviews, which were not presented at McVeigh’s trial last year.
Letters - An October 1993 letter to Jennifer (see October 20, 1993) expresses his distress over not being able to fully discuss his anti-government feelings and “lawless behavior,” and alleges that he left Special Forces training, not because he could not meet the physical requirements (see January - March 1991 and After), but because he learned that if he became a Green Beret, he could be required to take part in government-sanctioned assassinations and drug trafficking. A Christmas 1993 letter to Jennifer hints that he might be involved in bank robberies and/or other illegal activities (see December 24, 1993). And another letter, written four months before the bombing, warns her that he may “disappear” or go “underground” (see January 1995).
Family Suspicions - Jennifer told FBI investigators (see April 21-23, 1995) that she had an “eerie feeling” her brother was involved with the bombing. His father, William McVeigh, told investigators he was worried that McVeigh would do something to get in trouble; he also told investigators that his mother, Mildred Frazer, thought her son “did the bombing.” William McVeigh was not convinced of the government’s theory that his son’s anger over the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) was the trigger that set him on a path of destruction, a stance other family members emulated. William McVeigh told investigators that his son’s real problems may have begun over money, starting with the Army’s demand that he repay an “overpayment” (see March 1992 - February 1993), a demand that infuriated McVeigh. William McVeigh acknowledged that his son was obsessed with the deaths of the Branch Davidians, and told investigators that he and his son were at “opposite ends politically.” He said his son was bright but never really succeeded in life because he did not handle pressure well, did not take orders well, and had trouble handling the responsibilities of day-to-day work. But Jennifer thought that her brother’s breaking point came earlier, when he withdrew as a candidate for the Army’s Special Forces, as he wrote to her in an October 1993 letter (see October 20, 1993).
Undisclosed Evidence Suggesting Militia Ties - The Times also reports on previously undisclosed witness statements that indicate Timothy McVeigh may have had militia ties, something long suspected (see November 1992, January 23, 1993 - Early 1994, April 1993, April 19, 1993 and After, September 1993, October 12, 1993 - January 1994, March 1994, August - September 1994, September 12, 1994 and After, November 1994, and December 1994), but never made a large factor in McVeigh’s trial. One witness, a corrections officer who worked as a security guard in Kingman, Arizona, around the time McVeigh worked as a guard (see May-September 1993), told FBI investigators that he and his father once saw McVeigh with 10 or 15 other people dressed in camouflage in the desert north of Kingman in the fall of 1994. The group had firearms spread over the hood of an old yellow or tan station wagon, he said. The officer also said that he saw McVeigh’s friends Michael and Lori Fortier, whom he knew from high school, arrive—presumably at the desert meeting—in a small blue pickup truck with a white camper shell, a description that fits the truck owned at the time by McVeigh’s accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). The Fortiers have testified that Nichols came to their Kingman home in his blue pickup in October 1994, shortly after McVeigh had them rent a storage locker for him in which he stored stolen detonators and other explosives (see October 4 - Late October, 1994). [New York Times, 7/1/1998]
Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) asks a federal appeals court in Denver for a new trial, contending that Judge Richard P. Matsch, who presided over his trial, made a number of reversible errors in both the trial and sentencing. Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) has also asked for a new trial (see January 16, 1998), a request that was denied (see September 8, 1998). Nichols’s legal team, Michael Tigar, Susan L. Foreman, and Adam Thurschwell, argue that Matsch erred in the instructions he gave the jurors, in the testimony he permitted, and in his interpretation of federal sentencing guidelines. According to Nichols’s lawyers, Matsch erred when he told the jury that Nichols’s responsibility for the deaths of people killed as a result of the bombing conspiracy (see 8:35 a.m. - 9:02 a.m. April 19, 1995) did not depend on proof that Nichols intended to kill anyone. An intent to kill, Nichols’s lawyers contend, is a necessary element in the offense. The jurors who convicted Nichols of conspiracy acquitted him of blowing up the building and of first- or second-degree murder in the deaths of the officers. They also contend that Nichols should have been sentenced under federal guidelines for arson and property damage, not first-degree murder, and that the restitution order of $14.5 million is punitive. [New York Times, 11/22/1998]
Charles Key. [Source: Oklahoma City Sentinel]An Oklahoma County grand jury investigating alternative theories about the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 30, 1997) wraps up without naming any new suspects aside from convicted bombing conspirators Timothy McVeigh (see June 11-13, 1997) and Terry Nichols (see June 4, 1998). After hearing 117 witnesses and weathering criticism that its work gave legitimacy to wild conspiracy theories surrounding the blast, the grand jury reports: “We cannot affirmatively state that absolutely no one else was involved in the bombing of the Alfred P. Murrah Federal Building. However, we have not been presented with or uncovered information sufficient to indict any additional conspirators.” [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; New York Times, 12/31/1998; The Oklahoman, 4/2009]
Findings - The jury reviewed documentation of a number of “warning” telephone calls to federal and local law enforcement agencies, and determined that none of them warned of a bombing attack against the Murrah Building, or any other attack. One such call came a week before the blast, a 911 call from an Oklahoma City restaurant that warned the operator of an upcoming bombing. The caller gave no more details. Police quickly looked into the call and determined it came from a mental patient who lived in a nearby care facility. The jury also investigated the numerous claims of sightings of a possible third bomber, “John Doe No. 2,” and determined that the information given by the witnesses was so disparate and general that nothing useful could be concluded. The jury reports that the sightings were most likely of Todd Bunting, an Army private who had no connection to McVeigh or the bombing (see January 29, 1997). “The similarity of… Todd Bunting to the composite of John Doe No. 2 [is] remarkable, particularly when you take into account Bunting’s tattoo of a Playboy bunny on his upper left arm and the fact that he was wearing a black T-shirt and a Carolina Panthers ball cap when he was at Elliott’s Body Shop,” the report states. Witness statements of “John Doe No. 2” fleeing the scene of the bombing in a “brown pickup truck” were erroneous, the report finds. A brown pickup truck did leave the area shortly before the bombing, driven by an employee of the Journal Record Building near the Murrah Building. The driver left the building shortly before the bombing after being informed that her child was ill. The jury finds no evidence that the bombing was orchestrated by the federal government, or that any agency knew about the bombing in advance. [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; Denver Post, 1/9/1999]
Journalist Indicted for Jury Tampering - The jury does bring an indictment against investigative journalist David Hoffman, who will plead guilty to jury tampering, admitting that he sent one of the alternate grand jurors a letter copy of a book on conspiracy theories about the bombing. In a sealed indictment, the jury cited Hoffman for “improper and perhaps illegal attempts to exert influence on the outcome of our investigation.” Hoffman will be given a suspended sentence and 200 hours of community service. Hoffman will later call the indictment “a sham charge by a corrupt government designed to silence me,” and will write a book, The Oklahoma City Bombing and the Politics of Terror, which says the government falsely accused McVeigh and Nichols of the crime, concealing the involvement of others, perhaps members of neo-Nazi groups with which McVeigh was involved (see October 12, 1993 - January 1994 and (April 1) - April 18, 1995). [New York Times, 12/31/1998; Vanity Fair, 9/2001; Lukeford (.net), 11/25/2002]
Report Denounced - Former Oklahoma State Representative Charles R. Key (R-Oklahoma City), who helped convene the grand jury, immediately denounces the findings. [Southern Poverty Law Center, 6/2001] Key has insisted that McVeigh and Nichols had unplumbed connections with Islamist terrorists (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After), and has insisted that what he calls “revisionist news reports” by the mainstream media have failed to show Islamist connections to the bombing. He has even implied that government officials were complicit in the bombing. [Charles Key, 3/12/1997] The grand jury reports, “We can state with assurance that we do not believe that the federal government had prior knowledge that this horrible terrorist attack was going to happen.” The jury findings are “a ditto of what the federal government presented in the McVeigh trial,” Key states. “It had huge, gaping holes.” Glenn Wilburn, who lost two grandchildren in the bombing, died in 1997 before the jury returned its findings. Key has set up a private non-profit group, the Oklahoma Bombing Investigation Committee, which also gathered information about possible witnesses and submitted their names to the grand jury and urged Congress not to let the federal investigation drop. Key says that group will issue a final report of its own that “will read quite differently than this report today.” [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; New York Times, 12/31/1998]
Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, December 23, 1997, and June 4, 1998) is charged with 160 counts of murder at the state level in Oklahoma. Prosecutors say they will seek the death penalty. Nichols is serving a life sentence as a conspirator in the bombing of the Murrah Federal Building, which killed 168 people. The 160 counts of murder represent the civilians, as opposed to federal agents, killed in the blast. Oklahoma District Attorney Robert Macy says of Nichols’s previous convictions: “I’m not satisfied with the outcome of the Nichols trial. I feel like he needs to be tried before an Oklahoma jury.” Nichols escaped murder convictions in the previous trial. Along with the 160 counts of murder, Nichols faces one count of first-degree manslaughter for the death of a fetus, one count of conspiracy to commit murder, and one count of aiding and counseling in the placing of a substance or bomb near a public building. Macy says he intends to try Nichols’s convicted co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) at a later date. [New York Times, 5/30/1999; The Oklahoman, 4/2009]
Michael E. Tigar, the lead defense attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998), says evidence given to the defense near the end of the federal trial provided enough information about another suspect to warrant a new trial (see March 31 - April 12, 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, April 13, 1995, April 15, 1995, April 15, 1995, April 15, 1995, April 16-19, 1995, 3:00 p.m. April 17, 1995, 3:00 - 5:00 p.m. April 17, 1995, April 17-21, 1995, (6:00 p.m.) April 17, 1995, 9:00 p.m. April 17, 1995, 8:00 a.m. April 18, 1995, 7:00 p.m. April 18, 1995, April 18, 1995, and Early Morning, April 19, 1995). “Government counsel argued that Mr. Nichols mixed the bomb and that he was with [fellow conspirator Timothy] McVeigh for long periods on April 17 and 18,” Tigar states (see April 13, 1995, April 15, 1995, April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). “The withheld evidence contradicts this key government theory.” Tigar called a number of witnesses who said they saw McVeigh with an unknown suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) and/or other people during key periods in the days and weeks leading up to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Tigar will demand those documents for his new trial request. [New York Times, 7/8/1999; Mayhem (.net), 4/2009] Judge Richard P. Matsch, who presided over the first trial, will deny Nichols’s request. [New York Times, 9/14/1999] In December 2000, a federal appeals court will also deny the request. [New York Times, 12/19/2000]
The FBI releases its report on what it calls “Project Megiddo,” an examination of what it calls “the potential for extremist criminal activity in the United States by individuals or domestic groups who attach special significance to the year 2000.” The report is released to law enforcement agencies throughout the country, but not to the public. A statement accompanying the report reads in part: “The threat posed by extremists as a result of perceived events associated with the year 2000 (Y2K) is very real. The volatile mix of apocalyptic religious and [New World Order] conspiracy theories (see February 4, 1999) may produce violent acts aimed at precipitating the end of the world as prophesied in the Bible.” The report is based on nine months of intelligence and data collection by the domestic terrorism unit of the FBI. Soon after its release, the Center for Studies on New Religions (CESNUR) will obtain a copy and release it on the Internet. The report’s executive summary notes that “Megiddo,” a hill in northern Israel, is the site of a number of Biblical-era battles, and the Hebrew word “armageddon” derives from a Hebrew phrase meaning “hill of Megiddo.” The Bible’s depiction of “Armageddon” is, the report states, “the assembly point in the apocalyptic setting of God’s final and conclusive battle against evil. The name ‘Megiddo’ is an apt title for a project that analyzes those who believe the year 2000 will usher in the end of the world and who are willing to perpetrate acts of violence to bring that end about.” While much of the media-fueled debate about the upcoming “end of the millennium” focuses on technological issues, such as the anticipated widespread disabling of computer networks and the like, the FBI report focuses more specifically on the religious connotations of the time as viewed by far-right “Christian Identity” (see 1960s and After) and related white supremacist, separatist, and militia organizations. The report, the summary states, “is intended to analyze the potential for extremist criminal activity in the United States by individuals or domestic extremist groups who profess an apocalyptic view of the millennium or attach special significance to the year 2000.” It is difficult to say what groups may pose a threat as 1999 comes to a close, the report states, as it is difficult to anticipate which groups will follow through on their rhetoric and which will not. Moreover, the report notes, many domestic extremist groups are not traditionally structured in a hierarchical fashion; the possibility of “lone wolf” strikes by individuals operating outside a militia or extremist group may in some cases outweigh the likelihood of violent assaults carried out by such groups. The report notes that the worst domestic terrorist event in US history, the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), was carried out by two “lone wolves,” Timothy McVeigh and Terry Nichols. The report finds few indications of what it calls “specific threats to domestic security,” but focuses more on suspicious activities by a variety of militia groups who are arming themselves, stockpiling food, raising money through illegal means, and other actions which may serve as a warning of future violence. Problems caused by “Y2K glitches” such as power outages and computer failures may be interpreted by some extremist groups as the first actions of a government assault on the citizenry, the FBI warns, and may precipitate violent responses. [Ontario Consultants on Religious Tolerance, 10/1999; Federal Bureau of Investigation, 10/20/1999; Washington Post, 10/31/1999] The right-wing news blog WorldNetDaily will accuse the FBI of issuing the report to “set up” militia groups as patsies for the government’s own terrorist activities (see December 9, 1999).
An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh. [Source: CBS News]CBS News airs a February 22, 2000 interview with convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), awaiting execution in an Indiana federal prison (see July 13, 1999). McVeigh was interviewed by CBS reporter Ed Bradley for a 60 Minutes segment. McVeigh set only one condition for the interview: that Bradley not ask him whether he bombed the Murrah Federal Building. CBS does not air the entire interview, but runs selected excerpts interspersed with comments from others, including family members of the bombing victims. McVeigh spoke about his political ideology, his service in the Gulf War (see January - March 1991 and After), and what he considers to be his unfair criminal trial (see August 14-27, 1997). He expressed no remorse over the dead of Oklahoma City, and blamed the US government for teaching, through what he says is its aggressive foreign policy and application of the death penalty, the lesson that “violence is an acceptable option.” McVeigh described himself as returning from the Gulf War angry and bitter, saying: “I went over there hyped up, just like everyone else. What I experienced, though, was an entirely different ballgame. And being face-to-face close with these people in personal contact, you realize they’re just people like you.” Jim Denny, who had two children injured in the bombing, said he did not understand McVeigh’s Gulf War comparison: “We went over there to save a country and save innocent lives. When he compared that to what happened in Oklahoma City, I didn’t see the comparison. He came across as ‘the government uses force, so it’s OK for its citizens to use force.’ We don’t believe in using force.” McVeigh told Bradley that he “thought it was terrible that there were children in the building,” which provoked an angry reaction from Jannie Coverdale, who lost two grandchildren in the blast. “Timothy McVeigh is full of it,” she said. “He said it was terrible about the children. He had been to the Day Care Center. He had talked to the director of the Day Care Center. He knew those children were there.” McVeigh explained that the use of violence against the government could be justified by the fact that the government itself uses violence to carry out its aims. “If government is the teacher, violence would be an acceptable option,” he said. “What did we do to Sudan? What did we do to Afghanistan? Belgrade? What are we doing with the death penalty? It appears they use violence as an option all the time.” He said that the ubiquitous pictures of himself in an orange jumpsuit, leg irons, and handcuffs that made the rounds of the media two days after his arrest (see April 21, 1995) were “the beginning of a propaganda campaign.” Jurors, however, denied that pretrial publicity influenced their judgment. Juror John Candelaria told Bradley, “He’s the Oklahoma City bomber, and there is no doubt about it in my mind.” McVeigh refused to express any regrets or a wish that his life could have gone in a different direction, telling Bradley: “I think anybody in life says, ‘I wish I could have gone back and done this differently, done that differently.’ There are moments, but not one that stands out.” He admitted to forging something of a friendship with one of his former cellblock colleagues in the Colorado supermax prison he formerly occupied, Theodore “Ted” Kaczynski, the Unabomber. McVeigh said that while Kaczynski is “far left” while he is “far right” politically, “I found that, in a way that I didn’t realize, that we were much alike in that all we ever wanted or all we wanted out of life was the freedom to live our own lives however we chose to.” [Douglas O. Linder, 2001; CBS News, 5/11/2001; Douglas O. Linder, 2006; CBS News, 4/20/2009]
Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) gives up on his appeals and asks to be executed. In an affidavit, McVeigh writes: “I believe I am fully competent to make this decision. If the court thinks that a psychological evaluation is necessary to make certain I am competent, I will submit to such an evaluation. I will not justify or explain my decision to any psychologist, but will answer questions related to my competency.” He acknowledges that he makes his request against the advice of his attorneys, and asks that Judge Richard P. Matsch set an execution date within 120 days. McVeigh’s lawyer Nathan Chambers says that McVeigh has been considering this decision for some time now. “This is not a snap decision,” Chambers says. “The judge is going to want to make a determination that Mr. McVeigh’s decision is a decision he made voluntarily and knowingly.” McVeigh gives no further explanation, though some believe he intends to become a martyr for the far-right “patriot” movement. Eight days later, Matsch grants McVeigh’s request. [Los Angeles Times, 12/13/2000; The Oklahoman, 4/2009; Mayhem (.net), 4/2009]
Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) says he has no objection to having his upcoming execution (see June 11-13, 1997) televised. In a letter published by the Daily Oklahoman, McVeigh questions the fairness of limiting the number of witnesses to his execution, set for May 16 (see January 16, 2001); the Federal Bureau of Prisons (FBP) is considering allowing survivors and relatives of his victims to view his execution via closed-circuit broadcast. “Because the closed-circuit telecast of my execution raises these fundamental equal access concerns, and because I am otherwise not opposed to such a telecast, a reasonable solution seems obvious: hold a true public execution—allow a public broadcast,” McVeigh writes. “It has… been said that all of Oklahoma was a victim of the bombing. Can all of Oklahoma watch?” McVeigh’s attorney Robert Nigh Jr. says McVeigh is serious about his request. “He is in favor of public scrutiny of government action, including his execution,” Nigh says. FBP spokesperson Dan Dunne says of the idea of a public broadcast of McVeigh’s execution: “It hasn’t been considered. It won’t happen.” Nigh says that the idea of a publicly broadcast execution is not unreasonable, stating, “If it is our collective judgment that capital punishment is a reasonable response to crime, we need to come to grips with what it actually is.” [ABC News, 2/11/2001; New York Times, 2/11/2001]
Jayna Davis, appearing on a Fox News broadcast. [Source: Libertarian Republican (.com)]Former investigative reporter Jayna Davis, who once worked for KFOR-TV in Oklahoma City, tells Fox News’s Bill O’Reilly she has amassed evidence that she says proves Osama bin Laden was behind the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Former Army soldier Timothy McVeigh is awaiting execution for carrying out the bombing (see June 2, 1997 and June 11-13, 1997). Davis says that she attempted to give her evidence, comprised of court records, 24 witness statements, and reports from law enforcement, intelligence, and terror experts, to the FBI, which she says refused to accept the material. Davis says the FBI is involved in an elaborate conspiracy to conceal the existence of a Middle Eastern terror cell that carried out the bombing; law enforcement authorities have long dismissed the idea (see 10:00 a.m. April 19, 1995 and After) that the bombing was carried out by anyone other than McVeigh and his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). According to Davis’s version of events, a Middle Eastern terror cell was operating only blocks away from the Murrah Federal Building, the site of the bombing, and an Iraqi national who formerly served in Saddam Hussein’s Republican Guard was in contact with McVeigh on the day of the bombing. It was the Iraqi, not McVeigh, she says, who drove the Ryder truck containing the bomb to the federal building; he fled in a brown Chevrolet pickup truck. Davis says in the minutes after the bombing, an all-points bulletin was issued for the Iraqi, but it was inexplicably withdrawn shortly thereafter. Davis says the conspiracy consists of McVeigh, Nichols, and at least seven Middle Eastern men, with bin Laden masterminding the operation. “The evidence we have gathered definitely implicates McVeigh and Nichols,” she says. “I want to make that very clear. They were in it up to their eyeballs.” Of the FBI’s refusal to consider her evidence, she tells O’Reilly: “I was flabbergasted. I am unable to imagine any reason they would not accept it.” [WorldNetDaily, 3/21/2001]
Stephen Jones, who represented convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says in an op-ed for the Daily Oklahoman he is willing to testify under oath that McVeigh did not act alone in the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). During McVeigh’s trial, Jones insisted that there was evidence of a larger conspiracy, perhaps involving domestic far-right militia groups and perhaps Islamist radicals. Jones says he is willing to testify on behalf of Terry Nichols, McVeigh’s accomplice (see December 23, 1997 and June 4, 1998), who is facing 160 counts of murder in an Oklahoma state court (see September 5, 2001). Jones refuses to say whether either McVeigh or Nichols were actually involved in the conspiracy, stating: “At this point, it’s not appropriate for me to name names or to go into detail in the media. There are pending proceedings.” However, he tells a reporter for The Oklahoman, “If McVeigh is saying he acted alone, that is inconsistent with what he told me.” Any such claim of sole responsibility, Jones says, would be inconsistent with his understanding of the case “and certainly contrary to many statements Tim McVeigh made to me while I was his attorney.” Such a claim, he says, “would be nothing more than an effort to obstruct justice in pending judicial proceedings.… If I remain silent, my silence could be taken… as condoning what he has said and I can’t do that.” Jones says his possible testimony would not violate attorney-client privilege, as he no longer represents McVeigh; moreover, Jones says, McVeigh gave up attorney-client privilege when he attacked Jones in a lawsuit last year (see August 14-27, 1997). [Reuters, 3/26/2001]
Esquire Magazine publishes a number of letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to Phil Bacharach, a former reporter for the Oklahoma Gazette. Most of the material in the letters is trivial, with McVeigh joking about his favorite television shows and complaining about conditions in his cell, but at least one letter touches on his anger about the children who died in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). Nowhere in the letters does he discuss the bombing that killed 168 people, including 19 children. Bacharach, who now works as press secretary for Governor Frank Keating (R-OK), corresponded with McVeigh for two years before joining Keating’s staff, when the letter exchanges were terminated. Bacharach says that anyone looking for answers regarding the bombing will not find them in the letters. “It is beyond me to reconcile the Timothy McVeigh who murdered 168 people with the writer of these letters,” he writes. “True, this correspondence offers only a small window through which to look. I do know one thing: In the written word, at least, he has not a whisper of conscience.” The letters were written while McVeigh was incarcerated at a “supermax” penitentiary in Florence, Colorado; he now awaits execution in a federal prison in Indiana. According to the letters, McVeigh is fond of The Simpsons, King of the Hill, and Star Trek, and was not happy when he was moved from the cell he kept spotlessly clean to a cell “brutally thrashed by a pig inmate,” a leader of the Latin Kings street gang. He mocks Oklahoma County District Attorney Bob Macy, who had promised to try McVeigh on 160 state counts of murder, calling him “Bozo” and “a punk.” He calls the FBI “wizards at propaganda” who manipulated the facts of the Branch Davidian tragedy. A letter from November 26, 1996 sheds some light on McVeigh’s feelings about the Davidian tragedy, and may help explain his rationale for the bombing. In that letter, he wrote: “The public never saw the Davidians’ home video of their cute babies, adorable children, loving mothers, or protective fathers. Nor did they see pictures of the charred remains of children’s bodies. Therefore, they didn’t care when these families died a slow, tortuous death at the hands of the FBI.” Bacharach says it was an unwritten rule between them that they not discuss the bombing. Bacharach says in the letter exchange, he hoped to understand “what made a person who didn’t seem like evil-incarnate commit that evil act.” That never happened, he writes. “It is this fact—that he was not dead behind the eyes, a sheer lunatic—that troubles me the most. He didn’t have the right to be normal, glib, and pleasant, I thought. He owed the dead of Oklahoma City the decency of at least showing his evil.” [Associated Press, 3/27/2001]
FBI agent Danny Defenbaugh, the lead investigator in the 1995 Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and After 9:02 a.m., April 19, 1995), tells a CNN reporter that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was planning subsequent attacks to follow the first bombing. He also says that there was no way McVeigh could not have known that his target, the Murrah Federal Building, had children inside. “There were other federal buildings that were mentioned,” Defenbaugh says, referring to potential targets in Dallas and Omaha. The FBI, after finding some of the storage units McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) used to store explosives, conducted an intensive search for other stores of explosives. “We sent out within two weeks of that letters to every storage facility in the United States,” he says, but notes that nothing turned up. “It was, and still is, probably the largest, most labor-intensive investigation ever conducted by the FBI.” As for the children being in the building, Defenbaugh says, “No matter what and how you go by that building, if you look at the building, you’re going to see all the little cut-out hands, all the little apples and flowers showing that there’s a kindergarten there—that there are children in that building.” Defenbaugh says the most frequent question he hears is whether others were involved in the conspiracy, usually referring to the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defenbaugh says that security camera footage from a McDonald’s (see 3:00 - 5:00 p.m. April 17, 1995) indicates that McVeigh carried out the bombing by himself. “There was no one else who came in [to the restaurant] with him, who was involved with him, who sat with him, who talked with him, who left with him, no indication whatsoever that there was anyone else,” he says. Defenbaugh notes that McVeigh is a pariah, even to anti-government militia groups, saying: “He’s not a martyr. He’s a cold-blooded killer.” [CNN, 3/28/2001]
The people who died in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), even the children and babies, were merely “collateral damage,” according to Timothy McVeigh, who is awaiting execution for his role in the bombing (see June 2, 1997 and June 11-13, 1997). McVeigh admitted to his participation in the bombing to two Buffalo News reporters, Lou Michel and Dan Herbeck, who wrote the book American Terrorist: Timothy McVeigh and the Oklahoma City Bombing. The book is due to be published within days. “I understand what they felt in Oklahoma City,” McVeigh told the authors. “I have no sympathy for them.” The authors quote McVeigh as saying: “I recognized beforehand that someone might be bringing their kid to work. However, if I had known there was an entire day care center, it might have given me pause to switch targets. That’s a large amount of collateral damage.” CNN reported that according to Danny Defenbaugh, the FBI’s lead investigator in the case, there was no doubt that McVeigh knew there would be children among his victims (see March 28, 2001). In an ABC News interview, the authors say that McVeigh “never expressed one ounce of remorse” for his victims in their interviews with him, though they witnessed him become emotional over his remembrance of killing a gopher. According to the authors, McVeigh regrets only that the deaths of the children detracted from his message about the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see August 31, 1992 and August 21-31, 1992) debacles. McVeigh told the authors, using a reference to the song “Dirty for Dirty” by Bad Company: “What the US government did at Waco and Ruby Ridge was dirty. I gave dirty back to them at Oklahoma City.” The authors note that McVeigh said the triggering event for him was the government’s ban on some types of assault weapons (see September 13, 1994): when that happened, McVeigh told them, “I snapped.” Dr. John Smith, a psychiatrist who evaluated McVeigh, asked McVeigh why he continued with the bombing even though he knew children were in the building. “[H]e said, ‘One, the date was too important to put off,’” Smith says, noting that the date of the bombing, April 19, was the two-year anniversary of the Branch Davidian debacle, “and he went into a tirade about all the children killed at Waco.” According to Michel and Herbeck, McVeigh told them he alone planned the bombing, and when his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998) began to show reluctance in continuing (see March 1995 and March 31 - April 12, 1995), he forced him to keep working with him by threatening his family (legal sources dispute that claim, noting that Nichols never raised the idea of coercion in his defense). McVeigh denied that anyone else took part in the bombing, quoting a line from the movie A Few Good Men: “You can’t handle the truth.” McVeigh continued, “Because the truth is, I blew up the Murrah Building, and isn’t it kind of scary that one man could wreak this kind of hell?” He also told the authors that he was disappointed the building did not come down entirely, saying: “Damn, I didn’t knock the building down. I didn’t take it down.” McVeigh told the authors he knew he would get caught and even anticipated execution as a form of “state-assisted suicide.” Yet he worried initially about snipers as he was being charged. “He was ready to die but not at that moment—he wanted to make sure that his full message got out first,” Herbeck says. [New York Times, 3/29/2001; Associated Press, 3/29/2001; Oklahoma City Journal Record, 3/29/2001; Washington Post, 3/30/2001]
Randy Weaver, the white separatist who was at the heart of the 1992 Ruby Ridge standoff with the FBI (see August 31, 1992), says the reasons given by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) for the bombing ring hollow. A book titled American Terrorist, based on prison interviews given by McVeigh to two reporters, claims that McVeigh targeted a federal building in retaliation for the Ruby Ridge (see August 21-31, 1992) and Branch Davidian (see April 19, 1993 and April 19, 1993 and After) tragedies (see March 29, 2001). Weaver is not buying it. “McVeigh took the law into his own hands,” he tells a reporter. “He had justified it in his own mind. I don’t agree with him at all. He has more anger in him than I do, and I don’t know how that could be.” Weaver’s wife and son died by FBI gunfire during the siege. A federal marshal was also killed in the standoff. [Associated Press, 3/31/2001]
Anti-government groups believe that convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was a brainwashed “patsy” who undermined them, and is not a martyr to their cause, according to experts who monitor the groups. McVeigh is awaiting execution at an Indiana prison. Mark Pitcavage, who tracks right-wing hate groups for the Anti-Defamation League, says: “They view Timothy McVeigh as a patsy, as a sort of Lee Harvey Oswald type. Why hasn’t he come clean? Because he’s been brainwashed, [the groups believe,] and the government wants to execute him before he can wake up.” The Oswald comparison refers to the belief that some have that Oswald was an innocent man framed for the killing of President John F. Kennedy. Some anti-government extremists say that McVeigh was programmed by government agents to cause dissension among anti-government groups, and to give the government an excuse to crack down on the groups. Even so, some experts warn, some anti-government and militia groups will choose April 19, the date of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as a day to recognize and to possibly carry out further violence. Political scientist Evan McKenzie says, “Every April 19, everyone should hold their breath.” [Reuters, 4/5/2001]
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), whose execution is rapidly approaching (see January 16, 2001), politely declines a request by the animal rights group PETA (People for the Ethical Treatment of Animals) that he make his last meal a vegetarian one. In a handwritten letter responding to PETA’s request, McVeigh writes that he sympathizes with the group’s cause, but will not make that request. PETA issued the request through the prison warden, stating that McVeigh’s last meal should have no meat because “Mr. McVeigh should not be allowed to take even one more life.” The warden refused, and PETA sent the request directly to McVeigh. “Truth is, I understand your cause—I’ve seen slaughter houses myself—but I still believe in reasonable taking and eating of game (as an outdoorsman and hunter),” he writes. “My one main problem with the ‘veg’ movement is this (besides the fact I’m a libertarian): Where do you draw the line and what standard is used to define that line?” McVeigh questions whether “grubs/worms/etc.” suffer. He also argues that “plants are alive, too. They react to stimuli (including pain); have circulatory systems, etc.… To me, the answer is as the Indians believed: respect for the life you take to sustain yourself, but come to terms with your place in the ‘food chain.’” He congratulates the organization on the media attention it has garnered as a result of the request, writing: “You should have seen the local editorial response to your letter. You gotta remember, this is meat-eatin’ farm country; still, good job getting the attention to your cause (like protesting dead rats on [the popular television reality show] ‘Survivor’).” McVeigh closes by saying he cannot “sustain a prolonged intellectual debate on the subject, as my time is short” but suggests the organization should contact his friend Ted Kaczynski (see April 3, 1996), an inmate of the Florence, Colorado, “supermax” prison that until recently housed McVeigh, whom McVeigh says would be more likely to take up the vegetarian issue. [Mayhem (.net), 4/2009]
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) says that he bombed the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995) after considering a plan to assassinate Attorney General Janet Reno. McVeigh’s statement comes in a written response he gives to questions submitted by Fox News reporter Rita Cosby. McVeigh calls the bombing both a retaliatory strike and a pre-emptive one against an “increasingly militaristic and violent federal government.” Last month, McVeigh’s admission of his role in the bombing was made public by two reporters, in which he called the deaths of children in the blast “collateral damage” (see March 29, 2001). McVeigh provides the answers to the Fox reporters’ questions to make sure his motives for setting the bomb are clear. “I explain this not for publicity,” he writes. “I explain so that the record is clear as to my thinking and motivations in bombing a government installation.” He notes again that the date of April 19 was chosen to reflect the date of the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After), calling the government’s assault on the Davidian compound the equivalent of the Chinese government’s “deploying tanks against its own citizens.” McVeigh says he waited two years for the government to correct its “abuse of power,” and became angry when “they actually gave awards and bonus pay to those agents involved, and conversely, jailed the survivors of the Waco inferno after the jury wanted them set free” (see January-February 1994). McVeigh says he observed what he calls “multiple and ever-more aggressive raids across the country” by the government that constituted what he calls an unacceptable pattern of behavior. He says violent action against the government became an option for him only after protest marches, letter-writing campaigns, and media awareness “failed to correct the abuse.” His first thought was “a campaign of assassination,” including Reno, Judge Walter Smith, who handled the Branch Davidian trial, and Lon Horiuchi, the FBI agent who shot to death the wife of white separatist Randy Weaver during the Ruby Ridge siege (see August 31, 1992 and August 21-31, 1992). Assassinating Reno, McVeigh says, would “mak[e] her accept ‘full responsibility’ in deed, not just word,” for the Davidian disaster. But, he says, federal agents are merely soldiers, and he decided to strike against them at what he calls one of their command centers. The bombing, he says, was “morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations,” and therefore was acceptable for that reason. “I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government,” he writes. “Based on the observations of the policies of my own government, I viewed this action as an acceptable option.” Asked about calling the children slain in the blast “collateral damage,” McVeigh writes: “Collateral Damage? As an American news junkie; a military man; and a Gulf War Veteran, where do they think I learned that (It sure as hell wasn’t Osami [sic] Bin Laden!)” [Fox News, 4/26/2001; Associated Press, 4/27/2001; New York Times, 4/27/2001; Fox News, 4/27/2001]
An investigative report commissioned by Charles Key (R-OK), a former Oklahoma legislator with ties to regional militia organizations, will conclude that the government’s investigation into the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was riddled with omissions and errors. Key informs WorldNetDaily (WND), a conservative news Web site, of the upcoming report’s conclusions. Key helped convene a grand jury investigation in 1998 to look into questions surrounding the bombing; when the jury found no evidence of a larger conspiracy, as Key had hoped it would (see December 30, 1998), he denounced the jury’s findings and created the Oklahoma Bombing Investigation Committee, an independent body that conducted the investigation and wrote the report. Key says he hopes the report will help Americans finally “get to the truth” behind the bombing conspiracy. “The purpose of our report is to document the truth,” Key tells WND. “We, as so many others do, believe that facts regarding other perpetrators, prior knowledge, and the number of explosive devices used to damage the Murrah Building has been concealed.” Key says the committee found “substantial evidence” proving that federal law enforcement officials and court officials knew of the attack well beforehand, but either ignored those warnings or deliberately allowed the attack to go forward. One of those warnings came from a government informant, Carole Howe, whose credibility was questioned by her handlers at the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995). Other warnings came from two informants affiliated with organizations in foreign countries, Key says. Four government agencies, including the BATF and the US Marshals, received a notification “to be on the alert for possible attacks against individuals, federal institutions, or the public at large.” Key also says that Federal Judge Wayne Alley, who originally handled the case against convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), told a reporter that the day of the bombing he had been warned to be on the alert for a possible bombing. Key also says he has statements from five witnesses who claim that no BATF agents were in the building at the time of the attack (this is false; a BATF agent documented his experiences in trying to escape from the building; see 9:02 a.m. and After, April 19, 1995). Other witnesses have told Key that they saw bomb squad vehicles in downtown Oklahoma City before the bomb went off. Key says “over 70 witnesses” saw McVeigh “and one or more John Does” in the days before, and on the day of, the bombing. After the bombing, Key says, around 40 witnesses identified the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) as a man of Middle Eastern descent (see 10:00 a.m. April 19, 1995 and After). Federal authorities ignored those witnesses, Key claims. Key also says that several witnesses in the building told of a “second bomb” going off before (not after) McVeigh’s truck bomb exploded. (Claims that a second bomb went off after the truck bomb detonated have been disputed—see After 9:02 a.m. April 19, 1995 and 9:22 a.m. April 19, 1995). Some of the witnesses say that the first, smaller detonation drove them to hide under their desks just before the larger bomb detonated, thus giving them the chance to save themselves. Key says the committee obtained seismological evidence from what he calls an expert source that, he says, “supports the fact that there were multiple explosions” that morning. But, as was the case with other witnesses, the expert “was not allowed to testify at the federal trials,” the report says. And, Key says, witnesses claim to have actually seen a number of bombs in the building that morning, reports that caused rescue personnel to evacuate the building while people were still trapped inside (see 10:00 a.m. and After, April 19, 1995 and 10:28 a.m. April 19, 1995). The report questions the size of McVeigh’s bomb, which was estimated at a number of different sizes but was eventually concluded by government experts to be somewhere around 4,800 pounds; the report says that estimate is incorrect. The damage suffered by the Murrah Building could not have been caused by a bomb of that size, according to “experts” quoted by the report. Key also says that the government deliberately prevented evidence of others’ involvement in the bombing to be used in McVeigh’s and Nichols’s trials, and says that indictments against the two named those persons (this is false—see August 10, 1995). Key says allegations by Jayna Davis that Osama bin Laden masterminded the bomb conspiracy (see March 20, 2001) support the report’s contentions. The report contains other allegations, including possible involvement by federal law enforcement and court officials, FBI officials refusing to allow Federal Emergency Management Agency (FEMA) personnel to investigate the building, FBI officials refusing to run fingerprint checks of over 1,000 prints obtained in the investigation, what the report calls “blatant bias” exhibited towards “anyone asking questions or probing into facts,” and of breaking “[v]irtually all of the rules governing grand juries.” Key’s committee concludes that the Clinton administration “had prior knowledge of the bombing,” and that “McVeigh and Nichols did not act alone.” Key tells WND: “The final report represents years of extensive investigation and countless interviews. It contains information never reported before in any forum.” [WorldNetDaily, 5/4/2001]
Gore Vidal and friend. [Source: Economist]Author Gore Vidal says he will attend the execution of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Vidal was offered one of three witness slots McVeigh was given for friends or family members. Vidal says he has “exchanged several letters” with McVeigh since McVeigh wrote him in 1998 about an article Vidal wrote on the Bill of Rights. Vidal says that while he does not approve of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he and McVeigh share some views on the federal government. “He’s very intelligent,” Vidal says of McVeigh. “He’s not insane.” Vidal says he and McVeigh agree that the federal government went far beyond its limits in the FBI’s assault on the Branch Davidian compound outside of Waco, Texas, an assault that resulted in the deaths of 78 people (see April 19, 1993 and April 19, 1993 and After). “This guy’s got a case—you don’t send the FBI in to kill women and children,” Vidal says. “The boy has a sense of justice.” Vidal says he intends to write an article for Vanity Fair about the execution. [New York Times, 5/7/2001]
New York Times reporter James Sterngold goes to Kingman, Arizona, to interview people there about a former resident, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), who now awaits execution (see June 11-13, 1997). While many in the small desert town continue to voice their suspicion of, and opposition to, the federal government as McVeigh did, they do not endorse McVeigh’s actions. McVeigh’s friend Walter “Mac” McCarty, an elderly ex-Marine who always carries a gun on his hip, recalls McVeigh attending some of his courses on handgun usage and safety (see February - July 1994). McCarty says he is angry at McVeigh for blowing up the Murrah Federal Building and killing 168 people (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He calls the bombing senseless, but has an equal amount of anger and criticism for the FBI’s actions after the bombing, when he says agents from that bureau descended on the town and harassed its citizens. Kingman is not a haven for anti-government extremists, McCarty says. “There never was at any time a really organized militia or group like that around Kingman, and I would know,” he says. There are some people around here who think that way, I can tell you that. But it’s not organized like they say.” McCarty’s statement does not completely coincide with Kingman history. Arizona has had a number of active militias in the recent past, according to Kingman Police Chief Larry J. Butler, and some terrorist attacks, the largest being the derailment of an Amtrak train six months after McVeigh detonated his bomb (see October 9, 1995). Butler says during the mid-1990s, he would occasionally hear of hunters coming across makeshift survivalist camps in the desert. Butler remembers some “zealots” who would argue with his officers, claiming the government had no right to force them to register their cars or get drivers’ licenses, but he says those confrontations had dwindled away to almost nothing. Butler says: “To the extent there were any, Tim McVeigh killed the feelings for militias around here. I can tell you, there’s no sympathy for them.” Steve Johnson of the Mohave County Sheriff’s Department, agrees, saying: “I can’t say that they are here and I can’t say that they aren’t here. We just don’t see them.” Groups like the Southern Poverty Law Center say that since McVeigh’s bombing, the number of militia groups in Arizona has dropped sharply. [New York Times, 5/10/2001]
The Justice Department reveals that it failed to turn over nearly 4,000 pages of documentary evidence to the defense in the trial of convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). Attorney General John Ashcroft postpones McVeigh’s execution (see January 16, 2001) for 30 days to allow defense attorneys to review the newly released documents. [Douglas O. Linder, 2001; New York Times, 5/11/2001; Washington Post, 5/11/2001; Fox News, 4/13/2005] Apparently many of the documents relate to the FBI’s investigation into the never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), which the agency now terms a “dead-end” investigation. Sources say many of the documents are “302 forms,” the forms that document the raw interviews conducted by agents with witnesses. [Washington Post, 5/11/2001; Mayhem (.net), 4/2009] The documents were found by bureau archivists in Oklahoma City as they canvassed the agency’s 56 field offices in a final search of records related to the bombing in anticipation of McVeigh’s execution (see June 11-13, 1997). Lawyers for both McVeigh and his convicted co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) were legally entitled to review the records as they prepared for the two trials. Justice Department spokesperson Mindy Tucker issues the following statement: “On Tuesday, May 8, the Department of Justice notified Timothy McVeigh’s attorney of a number of FBI documents that should have been provided to them during the discovery phase of the trial. While the department is confident the documents do not in any way create any reasonable doubt about McVeigh’s guilt and do not contradict his repeated confessions of guilt, the department is concerned that McVeigh’s attorneys were not able to review them at the appropriate time.” The FBI blames its obsolete computer system for the error. Prosecutors say the documents were not material to either case. McVeigh’s former lawyer Stephen Jones says, “I said all along they weren’t giving us everything.” [New York Times, 5/11/2001; Indianapolis Star, 2003] Law professor James S. Liebman, who helped conduct an extensive study of death penalty appeals across the country, says the failure to produce the documents is “something I’ve just never heard of.… I can tell you, it’s extremely rare if it’s ever happened before.” [Washington Post, 5/11/2001]
New York Times reporter David Stout observes that the FBI’s admitted failure to turn over documents to convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, June 2, 1997, and May 10-11, 2001) will fuel conspiracy theories that will last for years. Attorney General John Ashcroft admitted as much when he ordered a delay in McVeigh’s scheduled execution to review the incident, saying, “If any questions or doubts remain about this case, it would cast a permanent cloud over justice.” Stout writes: “But for some people the cloud has been there all along, and always will be. They will never accept the government’s assertion that the withholding of the documents was simple human, bureaucratic error. And so the 1995 bombing of a federal office building in Oklahoma City seems likely to join the assassinations of John F. Kennedy and the Rev. Dr. Martin Luther King Jr. as events whose truth—in the eyes of some Americans—is forever untold.” Charles Key, a former Oklahoma state legislator who has recently released a statement packed with assertions of a larger conspiracy and government malfeasance surrounding the bombing (see May 4, 2001), has been particularly vocal in his scorn over the document incident, and his contention that it is just part of a larger conspiracy by the government to cover up the truth behind the bombing. McVeigh’s former lawyer Stephen Jones seems to agree with Key; in his recent book (see August 14-27, 1997) Others Unknown: Timothy McVeigh and the Oklahoma Bombing Conspiracy, Jones asserts: “The real story of the bombing, as the McVeigh defense pursued it, is complex, shadowy, and sinister. McVeigh, like the government, had its own reasons to keep it so. It stretches, web-like, from America’s heartland to the nation’s capital, the Far East, Europe, and the Middle East, and much of it remains a mystery.” Others go even farther in their beliefs. Charles Baldridge of Terre Haute, Indiana, where McVeigh is incarcerated awaiting execution, says, “I won’t say that McVeigh didn’t do it, but he wasn’t the brains, he wasn’t the one who orchestrated it.” Asked who orchestrated the bombing, Baldridge replies, “The government.” Many people believe that if the government did not actually plan and execute the bombing, it allowed it to happen, in order to use it as an excuse for passing anti-terrorism laws and curbing basic freedoms. Many of the same conspiracy theories that sprouted in the aftermath of the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After) are now appearing in the public discourse about the Oklahoma City bombing, Stout notes. [New York Times, 5/13/2001]
Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) demands a new trial, saying that the recent cache of documents “unearthed” by the FBI relating to the bombing investigation (see May 10-11, 2001) supported his defense. Many of the documents concern the FBI’s investigation into a suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), which the agency now terms a “dead-end” investigation. [New York Times, 5/27/2001; Mayhem (.net), 4/2009] Lawyers for both Nichols and convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) will receive the documents. [New York Times, 5/27/2001]
FBI Director Louis J. Freeh admits that the bureau made a “serious error” in failing to produce nearly 4,000 pages of documents related to the Oklahoma City bombing before the convictions of conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s lawyers are seeking a delay in McVeigh’s execution to give them a chance to review the newly-released documents (see May 10-11, 2001); the execution, scheduled for today, has already been postponed until June 11. Nichols’s lawyers have asked for a new trial based on the documents’ release (see May 15, 2001). In a hearing before a House of Representatives appropriations subcommittee, Freeh gives details of how the breakdown occurred, and says he has ordered immediate corrective steps. “The FBI committed a serious error by not ensuring that every piece of information was properly accounted for and, when appropriate, provided to the prosecutors so that they could fulfill their discovery obligations,” Freeh tells the House committee members. “It was our unquestionable obligation to identify every document regardless of where it was generated and regardless of where in our many, many offices it resided.” However, Freeh says, none of the documents would have had a bearing on the trials of either McVeigh or Nichols: “Several lawyers and agents from the Justice Department and the FBI conducted a page-by-page review of the material. Nothing in the documents raises any doubt about the guilt of McVeigh and Nichols.” Representative David R. Obey (D-WI) says, “I find it incredibly frustrating that year after year the agency which is supposed to be the quintessential example of excellence in law enforcement winds up being an example of Mr. Foul-up.” [New York Times, 5/17/2001] Lawyers for both Nichols and McVeigh will receive the documents. [New York Times, 5/27/2001]
One of the documents turned over to the lawyers for convicted Oklahoma City bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) is a report about a purported eyewitness to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) whose statements were attacked during McVeigh’s trial. Eyewitness Morris John Kuper Jr. called the FBI two days after the bombing to say that an hour before the bombing, he saw a man resembling McVeigh walking in the company of another man near the Murrah Federal Building. He told agents that he saw both men get into an old, light-colored car similar to the Mercury Marquis McVeigh was arrested in later that morning (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). In court, Kuper described the other man as being similar to a sketch of the suspected, never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Kuper also testified that he told agents they should check security cameras at two nearby buildings to see if they caught anything, but, Kuper told the court, “they took my name and phone number and never contacted me again.” FBI documents show that he contacted the FBI via email in October 1995, not on April 21 as he claimed; US Attorney Patrick Ryan challenged Kuper’s credibility in court over the discrepancy in dates. The newly discovered document details Kuper’s conversation with agents on April 21. Ryan says now that he never knew the document existed: “I certainly would never intentionally tell the jury someone had not come forward for six months if I knew they had come forward a couple of days after the bombing.” Ryan says that he still believes Kuper and other defense witnesses who claimed to have seen others accompanying McVeigh before the bombing were “fairly unreliable. The problem with any of these witnesses, even if some were right, you didn’t know which were the right ones and which were the wrong ones.” At the time, fellow prosecutor Beth Wilkinson compared the “John Doe No. 2” accounts to “Elvis sightings.” McVeigh has also said that “John Doe No. 2” does not exist. [New York Times, 5/27/2001]
Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who cooperated with the prosecution of McVeigh and fellow conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) in order to escape prosecution for his own participation in the bomb plot, says through his attorneys that federal prosecutors lied in order to get a harsher sentence for him. Fortier was given 12 years in prison for his actions (see May 27, 1998). During his sentencing hearing, prosecutors argued that Fortier’s sentence should exceed standard guidelines because of the magnitude of the crime. They argued that Fortier knew profits from the sale of stolen guns would be used to help finance the bombing because he was present when his wife, Lori, and McVeigh discussed it (see April 3-4, 1995). Recently, prosecutor Sean Connelly conceded there was no evidence Fortier was present during the conversation between his wife and McVeigh or was told by either one of them what had been said. [Mayhem (.net), 4/2009]
Convicted Oklahoma City bomber Timothy McVeigh, awaiting execution (see January 16, 2001), changes his mind about his appeals, and allows his attorneys to file a motion to delay his execution. Six days later, an appeals court refuses to delay the execution and McVeigh announces he is ready to die. [Douglas O. Linder, 2001; Fox News, 4/13/2005] McVeigh’s attorneys write in their motion that the government continues to withhold evidence (see May 10-11, 2001): “The overt acts alleged against Mr. McVeigh, together with the circumstantial evidence and absence of proof concerning the making of the bomb, created the impressions that Mr. McVeigh was the primary actor bearing full responsibility for the bombing. In this context, any credible evidence that other specific individuals played a major role in the bombing, for example construction of the bomb, would have cast doubt on the overt acts committed by Mr. McVeigh. If Mr. McVeigh’s execution is stayed and he is given access to the tools of civil discovery, there is reason to believe that a nexus between some of these individuals and Mr. McVeigh will be established.” Judge Richard P. Matsch, who presided over the McVeigh trial, has called the prosecution’s failure to turn over the evidence “shocking.” [Mayhem (.net), 4/2009]
William Pierce, the head of the National Alliance (see 1970-1974) and the author of the infamous race-war fantasy The Turner Diaries (see 1978), says that Timothy McVeigh, the convicted Oklahoma City bomber (see June 2, 1997 and June 11-13, 1997) who was inspired by Pierce’s book, is a “man of principle” who is “willing to accept the consequences” for what he did. However, Pierce does not give his blessing to McVeigh’s act of terrorism, saying: “I wouldn’t have chosen to do what he did.… It’s really shameful to kill a lot of people when there’s no hope for accomplishing anything.” He says that while some of his NA members quit after the bombing, new ones joined: “Probably, on the whole, it was helpful,” he says. [New York Times, 6/9/2001; Anti-Defamation League, 2005]
A small number of Branch Davidians, who live a quiet existence outside of Waco, Texas, and worship in a church dedicated in April 2000 (see September 18, 1999 - April 19, 2000) and built very near the site of the April 1993 conflagration that killed almost 80 of their fellow Davidians (see April 19, 1993), say they have no connection to Oklahoma City bomber Timothy McVeigh. McVeigh, a racist white separatist who evidence shows used the 1993 tragedy as a spark for his decision to bomb a federal building in Oklahoma City on the second anniversary of the Davidian tragedy (see 8:35 a.m. - 9:02 a.m. April 19, 1995), is due to be executed for his crime (see June 2, 1997). Davidian leader Clive Doyle says his group does not appreciate McVeigh’s actions. “I don’t see that blowing up a building that kills a whole bunch of kids really makes a strike against the government or law enforcement, if that’s what you’re against,” he says. “It didn’t hurt them all that much and it didn’t help us.” Doyle escaped the April 1993 fire that destroyed the Mt. Carmel compound, but lost his 18-year-old daughter in the flames. Doyle and others say that in recent weeks more and more radical-right extremists have come to view the site of the conflagration; he has begun building a security fence to keep out unwanted visitors. Robert Darden, an English professor who wrote a book on the Branch Davidians and the Waco siege, says the sect is generally peaceful, and had been so until its leader David Koresh led its members down a path of armed militancy. Doyle says he does not believe Koresh would have approved of either the McVeigh bombing or any armed assault against government authorities. He recalls Koresh welcoming a man who offered to rally thousands of militiamen in an attack on federal agents, but also says Koresh discouraged such an action. Ron Goins, who is not a Davidian but who often visits the new church and its members, says, “I felt the same rage [as McVeigh], but I didn’t feel the responsibility upon myself to take lives, especially since there were innocent people who died in Oklahoma City.” Moreover, Goins says, McVeigh’s bombing shifted public attention away from scrutiny of the government and toward “mad bombers, lone gunmen, and things like that.” Doyle says he is unhappy that people now connect the Davidian tragedy with the Oklahoma City bombing. [Waco Tribune-Herald, 6/10/2001]
Lawyers for FBI laboratory employees send an urgent letter to Attorney General John Ashcroft alleging that a key prosecution witness in the trial of accused Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) may have lied during McVeigh’s trial. The accusations center around Steven Burmeister, now the FBI laboratory’s chief of scientific analysis, who testified that the FBI crime lab found residues of explosives on the clothing that McVeigh was wearing when he was arrested after the bomb exploded (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). The letter reads in part, “Material evidence presented by the government in the OKBOMB prosecution through the testimony of Mr. Burmeister appears to be false, misleading, and potentially fabricated,” referring to testimony Burmeister had given in an unrelated civil case, which contradicted his testimony in the McVeigh case; Burmeister had talked about the restrictions on his work area and the requirement that laboratory employees wear protective clothing. The letter is sent to Ashcroft by fax and by courier with the notation “urgent matter for the immediate attention of the attorney general.” The letter will sit in Ashcroft’s clerical office for nearly two months before being turned over to the FBI. Justice Department spokesperson Barbara Comstock will say that neither Ashcroft nor other top department officials ever saw the letter, and it was never reviewed to determine if it should be given to McVeigh’s lawyers. Prosecutors used Burmeister’s testimony to determine the exact composition of the bomb McVeigh used to bring down the Murrah Federal Building and kill 168 people. The judge in the trial, Richard P. Matsch, refused to allow McVeigh’s lawyers to hear criticisms of the crime lab’s evidence handling (see January 27, 1997 and May 20, 1997). The accusations against Burmeister were never given to McVeigh’s lawyers, even as a judge was weighing the option to delay McVeigh’s execution because the government failed to turn over other evidence (see May 10-11, 2001, May 16, 2001, and June 1-7, 2001). The letter is later turned over to the lawyers of convicted bombing conspirator Terry Nichols (see December 23, 1997, June 4, 1998, and May 15, 2001), who will face 160 counts of murder in an upcoming trial by the State of Oklahoma (see September 5, 2001). [New York Times, 5/1/2003]
The execution chamber in the Terre Haute, Indiana, federal prison. McVeigh is strapped into this chair and executed by lethal injection. [Source: Agence France-Presse / University of Missouri-Kansas City School of Law]Convicted Oklahoma City bomber Timothy McVeigh (see January 16, 2001) is executed by lethal injection as survivors of the bombing and relatives of the victims watch on closed-circuit television. His last meal was two pints of chocolate chip ice cream. According to his lawyers, McVeigh is “upbeat” about his upcoming execution, saying he prefers dying to life in prison. At 7 a.m., dressed in a shirt, khaki pants, and slip-on shoes, McVeigh is led to the execution chamber and strapped to a padded gurney. The curtains over glass panels separating the chamber from a viewing area are opened to allow 30 people to directly watch McVeigh’s final moments, while another 300 victims and relatives gather in Oklahoma City to watch the event on closed-circuit television. (McVeigh’s father William McVeigh chose not to attend the execution, and later tells reporters that he prefers to remember his son as a smiling toddler.) According to witnesses, McVeigh acts as if he is in control of the proceedings, staring straight into the television cameras until the lethal injection—three injections of sodium thiopental, pancuronium bromide, and finally potassium chloride—causes him to slip into unconsciousness and death. McVeigh is pronounced dead at 7:14 a.m. local time. [Douglas O. Linder, 2001; Fox News, 4/13/2005; Douglas O. Linder, 2006; TruTV, 2008; Mayhem (.net), 4/2009] His is the first federal execution in over 30 years. [Southern Poverty Law Center, 6/2001] McVeigh says nothing before his execution, but issues a written statement quoting from the poem “Invictus” by William Ernest Henley. [Indianapolis Star, 2003] The last stanza of the poem reads:
“It matters not how strait the gate,
“How charged with punishments the scroll,
“I am the master of my fate:
“I am the captain of my soul.” [Guardian, 6/11/2001; University of Missouri-Kansas City School of Law, 6/11/2001]
He has written to reporters that his body will be released to one of his attorneys and cremated, and his ashes spread over an undisclosed location. He wrote that he considers the bloodshed caused by his bombing unfortunate, but is not sorry for his actions, calling the bombing a “legit tactic” in his “war” against the federal government. [Mayhem (.net), 4/2009] He has also asked that his body not be autopsied, a request the prison system grants upon his signature on a form reading: “I, Timothy McVeigh, hereby certify; that no abuse has been inflicted upon me while I have been in the custody of the US Bureau of Prisons. I hereby waive any claim of such abuse.” Presumably he signed the form before his execution, as his body will not be autopsied. [TruTV, 2008]
Authorities say that the black hearse seen leaving the Terre Haute federal penitentiary supposedly carrying the body of executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) was a decoy used as a security measure. McVeigh’s body was actually removed from the penitentiary in a van shortly after the execution. Bureau of Prisons spokesperson Dan Dunne tells a reporter: “Someone could have tried an ambush or something. There are all kinds of possibilities that could have happened.” McVeigh’s body was taken to a local funeral home, where McVeigh was cremated and his ashes given to one of his attorneys, according to the Reverend Ron Ashmore of St. Margaret Mary Church. [Mayhem (.net), 4/2009]
Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair. [Source: Vanity Fair]Vanity Fair publishes a profile of convicted Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) by author and pundit Gore Vidal, who attended McVeigh’s execution (see May 6, 2001) and who exchanged letters with McVeigh for three years while he awaited execution. McVeigh invited Vidal to attend his execution as a result of their letter exchange.
Simplistic Portrayal of McVeigh as Lone 'Mad Bomber' - Vidal is convinced that the government orchestrated McVeigh’s conviction (see June 2, 1997) and the media’s portrayal of McVeigh as a lone mad bomber who “wanted to destroy innocent lives for no reason other than a spontaneous joy in evildoing.” Vidal also asserts that, in the government’s story, McVeigh “had no serious accomplices” (see December 23, 1997 and June 4, 1998). Orchestrating the media response was not particularly difficult, he writes, as few in the mainstream press were particularly interested in why McVeigh carried out the bombing aside from the simple explanation that he was “evil incarnate.” Any explanation of more complexity, Vidal writes, was dismissed as wild conspiracy theories. It was predictable, Vidal writes, that evidence pertinent to McVeigh’s case was not provided until well after his conviction and sentencing (see May 10-11, 2001), and that it would be largely ignored (see June 1-7, 2001). Vidal recounts numerous instances where, when he began to attempt an explanation of McVeigh’s obsession with the 1993 Branch Davidian conflagration (see April 19, 1993) and his belief that he was at war with the US government on a variety of news broadcasts, he was cut short by the hosts.
'Counter-Attack' against US Government - According to Vidal, McVeigh was clear in his letters that the bombing was more than just, McVeigh wrote, “a simple act of ‘revenge’ for Waco,” but “a strike against the US government,” or more precisely, “a ‘counter-attack’ rather than a self-declared war.” In one letter, he quoted pundit H.L. Mencken as writing, “Every normal man must be temped at times to spit on his hands, hoist the black flag, and begin slitting throats.” Vidal recalls that he warned McVeigh that “Mencken often resorted to Swiftian hyperbole and was not to be taken too literally.” He then speculates on the “interesting possibility,” perhaps “the grandest conspiracy of all… that he neither made nor set off the bomb outside the Murrah Building: it was only later, when facing either death or life imprisonment, that he saw to it that would be given sole credit for hoisting the black flag and slitting throats, to the rising fury of various ‘militias’ across the land who are currently outraged that he is getting sole credit for a revolutionary act organized, some say, by many others. At the end, if this scenario is correct, he and the detested Feds were of a single mind.” Regardless of who carried out the bombing, Vidal writes, it is clear that “McVeigh himself was eager to commit what he called ‘federally assisted suicide.’” Vidal quotes an interview with Dr. John Smith, a psychiatrist who interviewed McVeigh in prison and was then released from his oath of confidentiality by McVeigh to discuss his findings with reporters, who concluded that McVeigh was quite sane, and carried out the bombing both in revenge for the Waco assault and because “he also wanted to make a political statement about the role of the federal government and protest the use of force against the citizens.” Smith found that McVeigh was disappointed that the media had refused to discuss what he considered “the misuse of power by the federal government” that impelled him to carry out the bombing.
Limited Contact with Militias - According to Smith, McVeigh told him, “I did not expect a revolution.” He had had numerous discussions with some of the militia groups around Kingman, Arizona, Smith said, about how easy it would be to “cut Interstate 40 in two” and thereby disrupt the transportation between the eastern and western portions of the country, but those discussions, McVeigh told Smith, were “rather grandiose” and never acted upon. Vidal acknowledges that for three years before the bombing, McVeigh lived in the semi-underground world of the American militia movement. During that time, he came to believe, as many militia members did at the time, that the federal government planned on following up its assault weapons ban (see September 13, 1994) with a massive, nationwide raid on gun owners and militia members in the spring of 1995. Vidal writes, “This was all the trigger that McVeigh needed for what he would do—shuffled the deck, as it were.” Vidal claims that McVeigh, unlike many militia members, had “no hang-ups about blacks, Jews, and all the other enemies of the various ‘Aryan’ white nations to be found in the Patriots’ ranks.” He was fascinated with the violently racist novel The Turner Diaries (see 1978) and 1987-1988), he acknowledges, but only for its themes of individual Americans using guns and explosives to overthrow “the System.” Smith bolstered Vidal’s contention by reporting that McVeigh had insisted to him that he was not a racist nor a homophobe—“he made that very clear.”
Rationale for Bombing, and for Killing Civilians, Children - Vidal quotes a 1998 essay McVeigh wrote for the right-wing publication Media Bypass, “Essay on Hypocrisy,” that addressed his choice to blow up the Murrah Building, which contained a daycare center. The US, he wrote, set the precedent for bombing and killing civilians. When US military forces attack Iraqi government buildings with daycare centers or schools in them, McVeigh wrote, the media reported the children were being used as “shields” by the Iraqis. Vidal claims that no evidence exists that proves McVeigh knew about the presence of children in the Murrah Building, and repeats McVeigh’s claims that he had no such foreknowledge. However, Vidal notes, the FBI knew about the children in the Branch Davidian compound, “and managed to kill 27 of them.” In a final set of longhand notes McVeigh sent to Vidal in the weeks before his execution, McVeigh wrote: “I explain herein why I bombed the Murrah Federal Building in Oklahoma City. I explain this not for publicity, nor seeking to win an argument of right or wrong, I explain so that the record is clear as to my thinking and motivations in bombing a government installation. I chose to bomb a Federal Building because such an action served more purposes than other options. Foremost, the bombing was a retaliatory strike: a counter-attack, for the cumulative raids (and subsequent violence and damage) that federal agents had participated in over the preceding years (including, but not limited to, Waco). From the formation of such units as the FBI’s ‘Hostage Rescue’ and other assault teams amongst federal agencies during the 80s, culminating in the Waco incident, federal actions grew increasingly militaristic and violent, to the point where at Waco, our government—like the Chinese—was deploying tanks against its own citizens.” The federal government has militarized the police, he wrote, and his bombing was designed as a “pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from US foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment. (The bombing of the Murrah Building was not personal no more than when Air Force, Army, Navy, or Marine personnel bomb or launch cruise missiles against (foreign) government installations and their personnel.)”
'Exaggerated Sense of Justice' - Vidal has previously written that McVeigh suffered from what he called “an exaggerated sense of justice,” outraging many who read his words. He defends that characterization, and writes, “I knew that few Americans seriously believe that anyone is capable of doing anything except out of personal self-interest, while anyone who deliberately risks—and gives—his life to alert his fellow citizens to an onerous government is truly crazy.” McVeigh’s act may not have sparked a rebellion, Vidal writes, but it did presage an explosion of sorts in the number of citizens identifying themselves with the militia movement, many of whom joined local militia groups because they believed the government had orchestrated the bombing and then unjustly blamed McVeigh for it. Others believe that government agents planted bombs inside the Murrah Building set to go off when McVeigh’s truck bomb detonated. Many believe that McVeigh was used by the government to perpetuate “state police power,” similar to instances during the Vietnam War when “bogus Viet Cong units that were sent out to rape and murder Vietnamese to discredit the National Liberation Front,” or when US forces pretended to “find” Communist arms dumps in El Salvador. Vidal repeats the tale that all 17 members of the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) working in their Murrah Building office suspiciously failed to report to work on the day of the bombing, suggesting that they knew of the bombing in advance (see December 30, 1998).
Militia Involvement? - Vidal then engages in a long and detailed attack on the evidence that shows McVeigh and his co-conspirator Terry Nichols built the bomb themselves. He believes that McVeigh and Nichols were involved in a complex and shadowy “plot involving militia types and government infiltrators—who knows?—as prime movers to create panic in order to get” President Clinton to enact the Anti-Terrorism Act, and cites research by journalist and author Joel Dyer, who in his own writings detailed his belief that the government downplayed McVeigh’s militia affiliations to make a case that he was a quintessential and possibly deranged “lone bomber.” Dyer and Vidal both cite the poor defense put on by McVeigh’s trial lawyer, Stephen Jones, who, Dyer contended, “often left the jury more confused and bored than convinced of his client’s innocence. Even when he succeeded in his attempts to demonstrate that a large conspiracy was behind the bombing, he did little to show that McVeigh was not at the center of the conspiracy. Jones’s case led some reporters to speculate that McVeigh himself was limiting his own defense in order to prevent evidence that might implicate others in the bombing from entering the record.” McVeigh did indeed confess to the bombing to his defense lawyers and, later, to Vidal, but, Vidal writes, “I believe that by confessing McVeigh was, once again, playing the soldier, attempting to protect his co-conspirators.” Vidal writes that his own research has unearthed a number of militia members who may have played a part in the April 19 bombing, and a systematic effort by the FBI and the McVeigh prosecution team to quash any evidence of that sort during McVeigh’s trial. He also challenges the government’s assertion that the reports of a third co-conspirator, “John Doe No. 2,” was a US Army private with no connection to McVeigh or the bombing (see January 29, 1997). Instead, he writes, that person was likely a well-known militia member in Shawnee County, Kansas, and possibly a member of the separatist Republic of Texas organization. He cites a book on the bombing by former journalist David Hoffman, who was convicted of trying to tamper with the McVeigh jury (see December 30, 1998), as being “the most thorough of a dozen or two accounts of what did and did not happen on that day in April.” Like Vidal, Hoffman does not believe that McVeigh’s truck bomb could have caused the damage inflicted on the Murrah Building, and cites a number of military and government experts who make the same contentions, even citing one report that claims the “five separate bombs” used in the explosion “have a Middle Eastern ‘signature,’ pointing to either Iraqi or Syrian involvement” (see 10:00 a.m. April 19, 1995 and After). Vidal notes that the search for bodies in the destroyed building was halted after 16 days (see May 4, 1995), against the wishes of those who wanted to continue attempting to search for more evidence in the bomb site. Six days later the building was demolished (see 7:01 a.m. May 23, 1995), leading one critic, retired Air Force Brigadier General Benton K. Partin, to declare that the building was demolished as “a classic cover-up” executed by Communist agents. Vidal writes of Partin’s belief that Communists orchestrated the cover-up, “Well, nobody’s perfect.” (Vidal errs in his “six day” claim; the building was demolished 19 days later.) Vidal writes: “In the end, McVeigh, already condemned to death, decided to take full credit for the bombing. Was he being a good professional soldier, covering up for others? Or did he, perhaps, now see himself in a historic role with his own private Harper’s Ferry, and though his ashes molder in the grave, his spirit is marching on? We may know—one day.” [Vanity Fair, 9/2001]
Entity Tags: Joel Dyer, David Hoffman, Benton K. Partin, Federal Bureau of Investigation, H.L. Mencken, Timothy James McVeigh, Gore Vidal, Stephen Jones, Terry Lynn Nichols, Vanity Fair, John Smith, Murrah Federal Building
Timeline Tags: US Domestic Terrorism
Oklahoma City District Attorney Wes Lane announces that Oklahoma will continue prosecuting convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) on 160 state charges of murder, in part because the state fears Nichols may win his federal appeals (see June 4, 1998). “I will not roll the dice on this issue. There is simply too much at stake,” Lane says. He says that the state will seek the death penalty against Nichols. Lane took over the case after District Attorney Robert Macy retired in June 2001; some have speculated that Oklahoma might drop the case due to the expenditure, the difficulty of finding an impartial jury, and the emotional toll on the victims of another trial. Nichols’s lead lawyer for the state case, Brian Hermanson, writes in a letter quoted by local newspapers that Nichols was willing to drop his appeals and accept a federal life sentence to avoid a state trial. The letter states: “Taking such a step ensures that he will spend the rest of his life in prison. It would enable Mr. Lane to drop the state prosecution, thereby sparing Oklahoma the trauma and expense of another trial.” Lane responds that “the interests of the people of the State of Oklahoma cannot be vindicated by the blind reliance on the federal government or Terry Lynn Nichols,” and says he will seek sanctions against Hermanson for what he calls a “glaring, blatant violation” of a state court order not to discuss the case. Shelly Thompson, who lost her mother in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says: “You can’t just get away with a little bit of a crime. We’re going to go for the whole thing. I want to make sure he will stay in prison for his life. This is something I need to do for her. He was not found guilty in my mother’s death and 159 other deaths. They are more than numbers.” [New York Times, 9/6/2001; The Oklahoman, 4/2009; Mayhem (.net), 4/2009]
The FBI gathered a significant amount of evidence that showed links between convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001) and white supremacists who had threatened to attack government buildings, according to investigative memos procured by the Associated Press. This evidence includes hotel receipts, a speeding ticket, prisoner interviews, informant reports, and phone records suggesting that McVeigh had contact with white supremacists connected to the Elohim City community (see 1983, January 23, 1993 - Early 1994, April 1993, October 12, 1993 - January 1994, August 1994 - March 1995, August - September 1994, September 12, 1994 and After, September 13, 1994 and After, November 1994, December 1994, February 1995, March 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, and Before 9:00 A.M. April 19, 1995). “It is suspected that members of Elohim City are involved either directly or indirectly through conspiracy,” FBI agents wrote in a memo shortly after the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). An FBI teletype shows that some of the supremacists who were present when McVeigh called Elohim City (see April 5, 1995) were familiar with explosives, and had made a videotape in February 1995 vowing to wage war against the federal government and promising a “courthouse massacre.” The AP notes that the Murrah Building, devastated by the blast, was directly across the street from the federal courthouse. The teletype also notes that two members of a violent Aryan Nation bank robbery gang who live in the Elohim City compound left the compound on April 16 for a location in Kansas a few hours away from where McVeigh completed the final assembly of the bomb (see 8:15 a.m. and After, April 18, 1995). Some of the evidence was not turned over to McVeigh’s lawyers for his trial. “They short-circuited the search for the truth,” says McVeigh’s original lead attorney, Stephen Jones. “I don’t doubt Tim’s role in the conspiracy. But I think he clearly aggrandized his role, enlarged it, to cover for others who were involved.” The FBI agent in charge of the investigation, Dan Defenbaugh, says he never saw the FBI teletype that linked McVeigh to the Elohim City community. He says he would not have considered the teletype a “smoking gun” that would have altered the outcome of the investigation, but his team “shouldn’t have been cut out. We should have been kept in on all the items of the robbery investigation until it was resolved as connected or not connected to Oklahoma City.” Defenbaugh adds that he knew nothing of a 1996 plea offer by prosecutors to one of the robbers, Peter Kevin Langan (identified by the AP as Kevin Peter Langan), who said he had information about the bombing. Langan made several demands the government was unwilling to meet, and the plea offer was rescinded. Langan’s lawyer later said Langan could disprove the April 19, 1995 alibis for two of the bank robbers, casting doubt on their denials of non-involvement with the bomb conspiracy. The FBI acknowledges its failure to turn over some documents, but says it found no evidence that McVeigh was involved with anyone in the conspiracy aside from his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). FBI spokesman Mike Kortan says: “We believe we conducted an exhaustive investigation that pursued every possible lead and ran it to ground. We are confident that those who committed the crime have been brought to justice and that there are no other accomplices out there.” Part of the problem, Defenbaugh says, was that white supremacist militia groups shared many of McVeigh’s far-right beliefs, and some had their own plans for carrying out bombings that had nothing to do with McVeigh’s tightly controlled conspiracy. “Even though we had our conspiracy theories, we still had to deal with facts and the fact is we couldn’t find anyone else who was involved,” Defenbaugh says. Jones says of the Elohim City connection: “I think Tim was there. I think he knew those people and I think some helped, if not in a specific way, in a general way.” Retired FBI agent Danny Coulson says: “I think you have too many coincidences here that raise questions about whether other people are involved. The close associations with Elohim City and the earlier plan to do the same Murrah building all suggest the complicity of other people.” [Associated Press, 2/13/2003]
The Associated Press reveals that 10 days before the execution of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001), lawyers for FBI laboratory employees sent an urgent letter to Attorney General John Ashcroft, saying that a prosecution witness in the McVeigh trial, forensic expert Steven Burmeister, may have lied on the stand (see June 11, 2001). The letter was never given to McVeigh’s lawyers. McVeigh’s former lawyer Stephen Jones says, “It is truly shocking and just the latest revelation of government conduct that bankrupts the prosecution, investigation, and verdict.” Justice Department spokesperson Barbara Comstock says she does not believe the allegations, even if true, would have affected the outcome of the trial, saying, “Court after court has found that the evidence of guilt against McVeigh was overwhelming.” FBI officials call the allegations against Burmeister specious. FBI laboratory director Dwight Adams says: “It didn’t happen. Steve Burmeister is one of the FBI’s finest experts. He is meticulous and honest.” [New York Times, 5/1/2003]
Convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) will stand trial on 160 counts of first-degree murder, Oklahoma State District Court Judge Allen McCall rules. The 160 murder counts represent the 160 citizens who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Nichols is already serving a life term in federal prison (see June 4, 1998) for his role in the bombing as it pertained to eight federal law enforcement officials killed in the blast. Nichols faces the death penalty in the upcoming trial. The United States Supreme Court has already ruled that a state trial does not amount to double jeopardy. The preliminary hearing features the same arguments and some of the same witnesses that testified against Nichols in 1997, most prominently Michael Fortier, a friend of Nichols’s co-conspirator Timothy McVeigh who is also serving jail time for his role in the bombing conspiracy (see May 27, 1998). [New York Times, 5/14/2003]
Anti-abortion activist Eric Robert Rudolph, wanted in a deadly spree of bombings that targeted abortion clinics, a gay and lesbian nightclub, and the 1996 Olympic Park in Atlanta (see October 14, 1998), is captured after five years of living as a fugitive from law enforcement attempts to find and arrest him. Rudolph is found in the mountainous Nantahala National Forest of western North Carolina, where FBI and other authorities believe he has been hiding since his 1998 bombing of an Alabama abortion clinic (see January 29, 1998). “He had been in the area the whole time,” says Cherokee County Sheriff Keith Lovin. Rudolph may face the death penalty. He was spotted by a Murphy, North Carolina, police officer, who saw him behind a local grocery store. The officer initially thought Rudolph might be a burglar. Rudolph does not resist arrest and is quickly brought into custody, where he is identified. Rudolph’s last known sighting was in July 1998. Rudolph later says that during some of his time as a fugitive, he was forced to subsist on acorns and salamanders until he began successfully stealing food from local businesses and residences.
Attorney General: Rudolph 'the Most Notorious American Fugitive' on FBI's List - Attorney General John Ashcroft calls Rudolph “the most notorious American fugitive on the FBI’s ‘Most Wanted’ list,” and adds, “This sends a clear message that we will never cease in our efforts to hunt down all terrorists, foreign or domestic, and stop them from harming the innocent.” Former nurse Emily Lyons, who was disfigured and disabled in the 1998 Alabama bombing, tells reporters that she has always believed Rudolph was alive and in hiding; she says she looks forward to confronting him in court and asking him why he bombed the clinic and other locales. “What was it that you picked that day, that place, for what purpose?” she says. “Why did you do the Olympics? Why did you do [that] to the others in Atlanta? What were you trying to tell everybody that day?… That’s the ultimate goal, to see him in court, possibly to talk to him and to see the final justice done.” Family members will tell reporters that Rudolph is against all forms of government, and holds white supremacist, anti-Semitic, and separatist views. He has been confirmed as a member of the violent anti-abortion and anti-gay organization Army of God (AOG—see 1982, August 1982, and July 1988). [CNN, 5/31/2003; CNN, 5/31/2003; CNN, 12/11/2003; Orlando Weekly, 8/24/2006]
Studied Unabomber - During his isolation in Murphy, Rudolph determined to become one of the most dangerous terrorists of all time. He focused primarily on the “lone wolf” methods employed by Ted Kaczynski, the “Unabomber” (see April 3, 1996). FBI agent Jack Killorin later says of Rudolph: “Eric was something of a student of the game. I think he learned from the Unabomber that if you go underground, the trail goes cold. If you isolate yourself, you can evade identification and capture.” [Orlando Weekly, 8/24/2006]
Praised by White Supremacist, Extremist Organizations - White supremacist and extremist anti-abortion groups praise Rudolph as a “hero” and “freedom fighter,” and call him a “martyr” for his actions. Some of the organizations call for further violence in emulation of Rudolph’s actions. The Anti-Defamation League (ADL) warns that the extremist “chatter” comprises a “a dangerous mix” of twisted conspiracy theories about Jews and calls to violence. “What some hatemongers and extremists are saying is, this person is a hero whose crusade against abortion and the government is noble and praiseworthy,” says Abraham Foxman of the ADL. “What is even more troubling is that some of the chatter is calling for violence or lone-wolf acts to be carried out in Rudolph’s name. Others are using the arrest as an excuse to spread twisted conspiracy theories about Jews. As we have seen in the past, this can be a dangerous mix.” A Pennsylvania faction of the Christian Identity and neo-Nazi group Aryan Nations (see Early 1970s) posts on its Web site: “Let his enemies gloat, for their days are numbered. There will always be another to fill the shoes of a fallen hero. The enemy has not won and will NEVER win.” An Atlantic City neo-Nazi group posts a comment saying: “[A]nother good solid white warrier becomes another prisoner of war! We need more lone wolves… WAY MORE!!!” A message posted on a White Revolution message board praises Rudolph for killing “degenerate scum.” A Christian Identity (see 1960s and After) poster warns that the government will escalate attempts to “persecute” white supremacist and neo-Nazi organizations. Several white supremacist organizations such as Stormfront charge the “Jewish-controlled media” with “unfairly” targeting their organizations in the wake of the Rudolph bombings. “[T]he message is clear,” one site posts. “Shut up, or else!” A Stormfront poster writes that if there were “more Erich [sic] Rudolphs, Timothy McVeighs, Benjamin Smiths, and Buford Furrows in America, we’d have a much nicer place to live.” Smith and Furrow are two white supremacists who went on deadly shooting sprees in the Midwest and California in the summer of 1999 (see July 2-4, 1999 and August 10, 1999). The AOG Web site posts a photo of a nurse injured in the Alabama bombing with the caption, “Babykilling Abortion Nurse Emily Lyons got a taste of her own medicine.” [Anti-Defamation League, 6/3/2003]
Entity Tags: Benjamin Smith, Timothy James McVeigh, Aryan Nations, Anti-Defamation League, Abraham Foxman, Theodore J. (“Ted”) Kaczynski, Stormfront, Federal Bureau of Investigation, John Ashcroft, Keith Lovin, Eric Robert Rudolph, Buford Furrow, Emily Lyons, Jack Killorin, Army of God
Timeline Tags: US Domestic Terrorism
A cardboard box delivered to the Scottsdale, Arizona, Office of Diversity and Dialogue explodes when the office director, Donald Logan, opens it. He suffers severe burns and lacerations from the blast. His assistant, Renita Linyard, is also severely injured, and office staffer Jacque Bell suffers lesser injuries. Scottsdale police quickly call for help from the US Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), and veteran BATF special agent Tristan Moreland heads the investigation. Moreland believes that Logan, an African-American federal employee, was targeted for his job and his race. Moreland begins looking at white supremacist groups in the area. He learns that a national gathering of supremacists, neo-Nazis, and Ku Klux Klan (KKK) members took place a few months earlier in a park outside Scottsdale, an event called Aryanfest 2004. Two supremacists in attendance, Dennis Mahon (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and Tom Metzger (see 1981 and After), attract Moreland’s particular attention. Mahon bragged at Aryanfest about his connection to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Metzger is well known for his advocacy of “lone wolf” style attacks such as McVeigh’s, where individuals launch attacks without the overt backing or involvement of actual organizations. Metzger heads a white supremacist organization called White Aryan Resistance (WAR) and Mahon is a member of that organization. (WAR will later change its name to The Insurgent.) Metzger and Mahon have been friends for decades. Moreover, Mahon had left a voice message at the Scottsdale diversity office months before about the city’s upcoming Hispanic heritage week, a message virulent enough in its hatred and implied threat of violence to attract the attention of law enforcement authorities (see October 2003). Moreland decides to investigate Mahon and Metzger further, and the BATF learns that Mahon and his twin brother Daniel had been living in a trailer park in Tempe, Arizona, before the bombing. They left the area shortly after, moving to a trailer park in Catoosa, Oklahoma. Unwilling to allow the investigation to stall, Moreland decides to find a willing confidential informant to go to Catoosa and get close to Mahon. The subsequent investigation elicits evidence that Mahon and Metzger were involved in the Scottsdale bombing and other attacks as well (see January 26, 2005 and After). [TPM Muckraker, 1/10/2012]
Entity Tags: Renita Linyard, Dennis Mahon, Daniel Mahon, Donald Logan, Office of Diversity and Dialogue, Timothy James McVeigh, Tom Metzger, White Aryan Resistance, Tristan Moreland, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jacque Bell
Timeline Tags: US Domestic Terrorism
The FBI orders an internal review of its files to determine whether documents related to the 1995 Oklahoma City bombing case were improperly withheld from investigators or defense lawyers. Bombing conspirator Terry Nichols, already convicted on federal charges related to the case and serving a life sentence (see June 4, 1998), faces 161 counts of first-degree murder in an upcoming trial in McAlester, Oklahoma (see May 13, 2003). Recent press reports have raised new questions as to whether Nichols’s co-conspirator, bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001), had more accomplices than just Nichols. An Associated Press report says that documents not introduced at McVeigh’s trial (see June 2, 1997) indicated that FBI agents had destroyed evidence and failed to share other information that indicated McVeigh was part of a larger group of white supremacists who may have helped him carry out the bombing (see (April 1) - April 18, 1995). McVeigh had murky ties with a group called the Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and perhaps took part in bank robberies the group carried out. Moreover, ARA members possessed explosive blasting caps similar to those McVeigh used in the bomb; additionally, a driver’s license in the name of an alias used by Roger Moore, a man robbed by Nichols as part of an attempt to finance the bombing (see November 5, 1994), was later found in the possession of ARA member Richard Guthrie. Law enforcement officials continue to insist that no evidence exists of any larger conspiracy involving anyone other than Nichols and McVeigh, and the FBI’s internal review is motivated by nothing more than “an abundance of caution.” A government official says: “If there’s information out there, that needs to be looked at. This will be a document review to ascertain whether there are documents that were relative to the investigation and that should have been reviewed during the investigation or the prosecution.” If additional records are identified, the Justice Department will determine whether records were improperly withheld from defense lawyers in the case, the official says. The FBI had to conduct a similar document review just days before McVeigh’s 2001 execution after the Justice Department disclosed that the bureau had not turned over thousands of pages of interview reports and other material to McVeigh’s lawyers (see May 10-11, 2001). [New York Times, 2/27/2004; New York Times, 3/16/2004] Also, former television reporter Jayna Davis says she has unearthed ties between McVeigh, Nichols, and Iraqi soldiers operating undercover in the US; Davis has said the FBI refused to act on her information, and has accused the agency of a cover-up (see March 20, 2001). Retired FBI agent David Cid, who worked on the original case, calls Davis’s allegations absurd. “What possible motive would we have to conceal a Middle Eastern link?” he asks. “That was our immediate first assumption anyway” (see 10:00 a.m. April 19, 1995 and After). The presiding judge in the case, District Court Judge Steven Taylor, will conduct a hearing after the FBI’s announcement, but Nichols’s trial will not be delayed. [New York Times, 2/29/2004]
Lead defense lawyer Brian Hermanson. [Source: Corbis / TruTV]Michael E. Tigar, the former lead attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see June 4, 1998) who now faces a state trial on 161 counts of first-degree murder (see March 1, 2004), joins Nichols’s current defense team in speculating that the bombing may have been carried out by a larger group of white supremacists, of which Nichols was only a minor member and perhaps little more than a scapegoat. While prosecutors say they have “an avalanche of evidence” showing Nichols’s heavy involvement, defense lawyers led by Brian T. Hermanson say that Nichols and his cohort, convicted bomber Timothy McVeigh (see June 2, 1997), were part of the purported larger conspiracy. McVeigh, Hermanson argues, “conspired with others whose identities are still unknown” and “orchestrated various events and evidence so as to make it appear that Mr. Nichols was involved and, thereby, direct attention away from others.” Some evidence exists of McVeigh’s involvement with the violent white supremacist group Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and it is possible that McVeigh took part in bank robberies the group carried out. Tigar says, “Is it too bad they killed Tim?” referring to McVeigh’s execution (see 7:14 a.m. June 11, 2001). “If they really wanted to find out what happened, maybe some of the revelations, now that the cover is blown, maybe he would have talked. Who knows?” Tigar seems to be implying that the government executed McVeigh to ensure his silence, a conclusion prosecutors dispute. Prosecutors say they have given the defense all exculpatory evidence, and that they can indisputably prove Nichols’s guilt. Assistant Oklahoma County District Attorney Sandra H. Elliott says, “Whether or not anybody else is involved, we can prove Mr. Nichols is.” Mark S. Hamm, a criminology professor who has written about the ARA, says: “The preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the ARA. [But t]here’s no smoking gun here.” Stephen Jones, who represented McVeigh during his trial (see May 8, 1995), says: “Where the Nichols defense clearly wants to go is to try for an acquittal or hung jury using material the government withheld.” If successful, the Nichols lawyers will try to get Nichols’s federal conviction (see December 23, 1997) reversed. However, “it has to succeed in [these proceedings] first.” [New York Times, 3/16/2004]
Lawyers make their opening statements in the trial of Oklahoma City bombing conspirator Terry Nichols (see March 1, 2004), charged with 161 counts of first-degree murder in the bombing. Nichols is already serving a life sentence from a conviction in federal court (see December 23, 1997). Assistant District Attorney Lou Keel calls Nichols and executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) “partners in terror,” and tells of a plethora of evidence joining the two in the conspiracy to destroy the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Lead defense lawyer Brian T. Hermanson says that Nichols was the victim of “manipulation” and “betrayal” by his friend McVeigh. The prosecution seems to be following a similar path as that taken in Nichols’s federal trial, but Nichols’s defense is trying to raise new doubts about others possibly involved in the conspiracy (see March 16, 2004), including questioning the existence and identity of the infamous “John Doe No. 2,” a purported fellow conspirator who was never caught and whom the FBI has said never existed (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995).
Judge Lashes Prosecution for 'Inexcusable Conduct' - Judge Steven Taylor excoriates the prosecution for its “inexcusable conduct” in withholding an impropriety in jury selection, saying that the impropriety might cause a mistrial later in the case. Taylor says the Oklahoma County District Attorney’s office failed to inform the court until the jury was already chosen that among the 12 jurors and six alternates were three relatives of a prosecutor with local roots who had worked on jury selection. “The court cannot imagine why the prosecutors affirmatively chose not to reveal this information during the jury selection,” Taylor says, blaming prosecutor George Burnett for the lapse. Burnett, Taylor says, knew in early March that he was related to three or four people in the 357-member jury pool, but continued to participate in the process of jury selection that included three of his relatives. At that point, Burnett told his fellow prosecutors, but no one told Taylor until March 12, the day after the jury was selected and the process closed. The jurors bear no blame in the matter, Taylor says. He dismissed the three jurors in question, leaving only three alternates. If the jurors should fall below the requisite dozen, he warns, “the trial will not end in a mistrial, it will end in a dismissal with prejudice,” meaning Nichols cannot be retried on the charges. Prosecutors do not respond in court to Taylor’s admonishment, and say nothing to reporters, as Taylor has barred both sides from speaking to reporters about the case. [New York Times, 3/23/2004]
The press reports that Terry Nichols, convicted on federal and state charges surrounding the 1995 Oklahoma City bombing (see December 23, 1997 and May 26, 2004), admitted to his involvement in the conspiracy to blow up the Murrah Federal Building during secret plea negotiations in 2003. Presumably these were the negotiations where prosecutors ultimately rejected an offer by Nichols’s lawyers for Nichols to plead “no content” to the 161 charges of first-degree murder in return for being spared the death penalty (see February 17, 2004). Nichols signed a statement acknowledging helping bomber Timothy McVeigh (see December 23, 1997 and June 4, 1998) construct the bomb, though he denied having any prior knowledge of the target (see April 11, 1995) or knowing any other co-conspirators (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After). Prosecutors now say they never believed Nichols was being entirely truthful in his plea offer. [New York Times, 11/30/2004; The Oklahoman, 4/2009]
PBS Frontline releases a chronology of events in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The original source of the chronology is a document given to freelance reporter Ben Fenwick by a disgruntled staff member on the defense team of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who was unhappy with the way lead attorney Stephen Jones was handling the case (see August 14-27, 1997). In late March or early April of 1997, shortly before McVeigh’s trial began (see April 24, 1997), Fenwick brings the document to ABC News. The document is titled “Factual Chronology,” and details McVeigh’s movements and activities in the years, days, and months leading up to the bombing. Fenwick reportedly had the document in his possession for several months before approaching ABC with it. PBS Frontline producer Martin Smith, at the time an ABC News employee, saw the document. ABC produces two reports on McVeigh; those reports, along with an article Fenwick wrote for Playboy magazine, were the first to use the chronology as source material. Smith and co-producer Mark Atkinson will later produce a dual biography of McVeigh and co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) using the chronology. Of the document, Smith writes, “This 66-page chronology is extraordinary in that it correlates in great detail with everything I had learned about McVeigh and Nichols and provided a great deal of new detail on McVeigh’s movements and actions in the crucial days and hours leading up to the bombing.” Much of the material in the chronology came directly from McVeigh. Smith writes that the material comprises “a startling confession, outlining in considerable detail how McVeigh prepared and carried out the attack.” He notes that the chronology is “consistent with statements made by McVeigh during dozens of hours of interviews done with him by reporters Lou Michel and Dan Herbeck for their recent book, American Terrorist: Timothy McVeigh and the Oklahoma City Bombing.” The document is labeled as being from Jones’s law firm Jones, Wyatt, & Roberts, and is stamped, “CONFIDENTIAL AND PRIVILEGED MEMORANDUM; ATTORNEY WORK PRODUCT and ATTORNEY/CLIENT COMMUNICATION.” It is labeled as being routed to Jones from Amber McLaughlin and Bob Wyatt, and dated January 22, 1996. [PBS Frontline, 3/2005]
Entity Tags: Lou Michel, Amber McLaughlin, ABC News, Ben Fenwick, Dan Herbeck, Martin Smith, Terry Lynn Nichols, Mark Atkinson, Bob Wyatt, PBS Frontline, Stephen Jones, Timothy James McVeigh
Timeline Tags: US Domestic Terrorism
Dennis Mahon, a white supremacist in Catoosa, Oklahoma (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After), tells Rebecca Williams he committed multiple terrorist bombings since the early 1980s. Mahon is not aware that Williams is an informant working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), nor that Williams’s trailer, in which he makes his statements, is wired for both audio and video. Mahon is showing Williams an album of old pictures, his old Ku Klux Klan robe, and other memorabilia of his life in the white supremacist movement, when he tells Williams about the bombings he says he committed, many with his twin brother Daniel. The bombing targets included an abortion clinic, a Jewish community center, and the offices of IRS and immigration authorities. Mahon says he made his bombs with ammonium nitrate, fuel oil, and powdered sugar “for an extra bang,” and says he set the bombs off at 2 a.m. to avoid casualties but still send a message. Williams is one of the few informants to gain such access into what TPM Muckraker calls the “network of so-called ‘lone wolf’ extremists, a loose-knit group of racists and anti-government types who seem to always be looking for ways to start or win an ever-coming race war.” The same network produced “lone wolf” Timothy McVeigh, who killed 168 people in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The BATF probe will result in investigations of the Mahons (see January 10, 2012 and After), as well as white supremacist leader Tom Metzger (see 1981 and After) and Missouri survivalist Robert Joos, who stockpiled weapons in caves on his farm near the Ozarks. On January 26, 2005, Williams moves into a rental trailer in the Catoosa trailer park and puts a Confederate flag sticker in her window. She is much younger than the 54-year-old Mahon and, according to TPM Muckraker, is both attractive and able to handle herself around dangerous males. (The BATF initially provides little background information on Williams to the media; later the media learns that her brother was a BATF informant who infiltrated a motorcycle gang, and that she became an informant for the money. She has formerly worked as, among other jobs, an exotic dancer.) The same day that she moves in, the Mahon brothers come over to introduce themselves. “I’m a girl and they’re guys and, you know, guys like to talk to pretty girls so they—we just started talking,” she later testifies. Williams will establish a friendship with the brothers that will last four years, most of it recorded by BATF cameras and microphones. Her pickup truck is wired, and she even has a microphone on her key chain. Within hours of meeting her, Dennis Mahon brags about the bombings he carried out, and Daniel Mahon speaks of drive-by shootings and car bombings. Daniel tells her: “We thought we were doing the right thing. We were just trying to send a message. When I would take someone’s car out, it wasn’t anger. It was a sense of duty. It is like a military operation. You plan for it, equip for it.” When Williams asks if they had ever sent package bombs, Dennis whispers, “In Tempe, Arizona, Godd_mn diversity officer, Scottsdale Police Department, had his fingers blown off.” He then backs away from his admission and says he showed “white cops how to do it.” Williams is flirtatious with the brothers, and mails them photographs of herself in a bikini with a grenade hanging from around her neck, and of her standing in front of a swastika flag. Williams’s investigation documents the Mahons’ close connection to Metzger, Joos, and other white supremacists; Joos will be convicted of multiple weapons charges, but Metzger will not be charged with any crime (see June 25, 2009). [TPM Muckraker, 1/10/2012; Associated Press, 1/26/2012]
Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, June 4, 1998, and May 26, 2004) has said that he believes his co-conspirator, Timothy McVeigh (see 7:14 a.m. June 11, 2001), was involved with a white supremacist compound in eastern Oklahoma, Elohim City (see (April 1) - April 18, 1995). Nichols’s statements to the FBI, a US congressman, and his family are now being reported by The Oklahoman. Representative Dana Rohrbacher (R-CA), who met with Nichols on June 27, 2005 at the federal prison in Florence, Colorado, says: “He said he was driving past it one time and Tim McVeigh knew everything about Elohim City, just told him all about it. And he said on a number of occasions… Tim McVeigh mentioned his friend, Andy the German, who lives at Elohim City.… So there was a strong indication that Tim McVeigh had much more than just a minor association with some of the people at Elohim City.” “Andy the German” is Andreas Strassmeir, a former German soldier who helped coordinate security at Elohim City (see 1973 and After). Strassmeir has admitted meeting McVeigh at a 1993 Tulsa gun show (see April 1993), but has said he never saw or spoke with him again. Strassmeir has denied any role in the bombing (see November 1994), as has Elohim City leader Robert Millar (see May 24, 1995). The FBI investigated Elohim City after discovering McVeigh called there two weeks before the bombing (see April 5, 1995), and ruled out the residents as suspects (see February 1995). The bureau never found conclusive proof that McVeigh ever visited there, though other sources found that McVeigh and Nichols had visited there in late 1993 (see October 12, 1993 - January 1994) and learned that McVeigh took part in paramilitary exercises there in late 1994 (see September 12, 1994 and After). For years, many have speculated that Strassmeir and other Elohim City residents may have played a part in the bombing; Rohrbacher says he is considering holding Congressional hearings on the possibility, and says he asked Nichols specifically about those theories. Former federal informant Carole Howe has claimed she saw McVeigh and Strassmeir together at Elohim City in July 1994, and has said Strassmeir talked about blowing up federal buildings in Oklahoma (see August 1994 - March 1995 and November 1994). Federal prosecutors did not believe Howe’s claims. [The Oklahoman, 7/10/2005] A precursor of the McVeigh-Nichols bomb plot was hatched in 1983 by Elohim City residents (see 1983). Some believe that Strassmeir may have been McVeigh’s alleged co-conspirator identified only as “John Doe No. 2” (see June 14, 1995), even though federal authorities have said that person was not involved with Nichols or McVeigh (see January 29, 1997). McVeigh told his friend Michael Fortier that he planned the Oklahoma City bombing with input from people at Elohim City (see December 1994). Less than two weeks before the bombing, McVeigh went to a strip club with people from Elohim City, including Strassmeir (see April 8, 1995).
One of the billboards erected by WorldNetDaily. [Source: WorldNetDaily]The conservative news blog WorldNetDaily (WND), which has been at the forefront of the “birther” movement challenging President Obama’s citizenship (see August 1, 2008 and After, October 21, 2008, October 24, 2008, November 12, 2008 and After, and December 5, 2008), begins erecting billboards asking “Where’s the Birth Certificate?” Joseph Farah, editor and chief executive officer of WND, calls the billboard initiative “the truth and transparency campaign.” The first, a digital electronic billboard, is displayed along Highway 165 in Ball, Louisiana, and two more standard billboards are being prepared for display in Los Angeles and Pennsylvania. Farah says the “national [billboard] campaign is going to be big and long-lasting,” and uses WND to solicit donations for more billboards. Farah says he and the WND staff deliberately chose not to name Obama in the billboards: “There are several reasons we chose the message, ‘Where’s the birth certificate?’ There is only one birth certificate controversy in this country today—despite the near-total absence of this issue from coverage in the non-WND media. This is a grass-roots issue that resonates around the country, as our own online petition with nearly 400,000 signers suggests. In addition, I like the simplicity of the message. I like the fact that the message will cause some people to ask themselves or others about the meaning of the message. It will stir curiosity. It will create a buzz. I’m assuming when these billboards are springing up all over the country, it might even make some in the news media curious. And there’s one more factor that persuaded me this was the way to go. Come 2012, campaign laws will pose restrictions on political advertising mentioning the names of presidential candidates. This one clearly doesn’t. I would like to see the federal government make the case that this is somehow a political ad.” Farah blames “timid elected officials in Washington, corrupt judges around the country, and a news media that show a stunning lack of curiosity about the most basic facts of Obama’s background—especially how it relates to constitutional eligibility for the highest office in the land” for failing to investigate the “birther” controversy. Obama released his birth certificate in 2008 (see June 13, 2008), and since then it has been validated by multiple governmental and independent sources (see June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). Farah, however, is not convinced, and believes the birth certificate “controversy” is part of a larger, sinister scheme by the Obama administration: “As Obama transforms this country from self-governing constitutional republic to one governed by a central ruling elite, the simple fact remains that no controlling legal authority has established that he is indeed a ‘natural born citizen’ as the Constitution requires,” he says. “Obama’s promises of transparency have become a bad joke as he continues to hide simple, innocuous documents like his birth certificate and his student records.” Farah says WND is operating as an “independent watchdog on government” by launching the billboard campaign, and not acting as a partisan organization. “I wish such a campaign were not absolutely necessary,” he says. “I wish there were checks and balances in our political and electoral systems to ensure that constitutional eligibility of presidential candidates was established before politicians could assume the highest office in the land. I wish my colleagues in the news media believed the Constitution really means what it says and pressed this issue as hard as we have pressed it at WND. I wish radio talk show hosts were bold enough to ask this question. But wishing is not enough. It’s time to raise the visibility of this issue vital to the rule of law in America. I ask everyone to pitch in and help WND make a simple yet profound statement: The Constitution still matters.” [WorldNetDaily, 5/20/2009] In November 2010, WND will erect a “birth certificate” billboard along Highway 93 near Kingman, Arizona, the small town in which Oklahoma City bomber Timothy McVeigh planned the destruction of the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Other billboards will be erected in Pennsylvania, Texas, Alabama, and Delaware. [WorldNetDaily, 11/8/2010]
Receive weekly email updates summarizing what contributors have added to the History Commons database
Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.