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Profile: Wayne E. Alley

Wayne E. Alley was a participant or observer in the following events:

Richard P. Matsch.Richard P. Matsch. [Source: Washington Post]The Tenth Circuit of Appeals removes Oklahoma District Judge Wayne E. Alley from the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), and assigns US District Judge Richard P. Matsch of Denver to preside over the trial. [New York Times, 12/5/1995; Douglas O. Linder, 2001] “We conclude that a reasonable person could not help but harbor doubts about the impartiality of Judge Alley,” the court rules. [Stickney, 1996, pp. 261] Alley’s offices were damaged in the blast, as was the entire courthouse, which stands less than 1,000 feet from the Murrah Building. Alley had a staff member injured in the bombings, and at least 33 of the victims conducted business regularly in the courthouse. Some judges helped in the rescue efforts; some judges attended as many as seven funerals. An employee in the court clerk’s office lost her child in the blast, and many court employees were injured either in the blast itself or in the aftermath. Fundraising drives for the victims and their families were held in the courthouse, and a popular T-shirt being sold features a law enforcement badge and the inscription, “In Memory, April 19, 1995, Oklahoma City.” The appeals court feels Alley risks having his impartiality questioned, and notes that both prosecuting and defense attorneys have requested his removal. [Serrano, 1998, pp. 254; Douglas O. Linder, 2001] In his request for Alley’s removal, defense lawyer Stephen Jones told reporters: “Judge Alley has a distinguished military, professional, and judicial career. Anyone who appears before him has the highest respect for him personally and professionally. However, our belief is that a victim of a traumatic incident cannot sit as a judge in a trial where the person accused of creating the incident is on trial. No one of us would want to be judged by such an individual.” [New York Times, 8/23/1995] US Attorney Patrick M. Ryan also asked that Alley step aside. In court papers, Ryan noted that there was no legal requirement that he do so, but stated that “[i]t is of paramount importance that the nation have complete confidence in the integrity of the verdict ultimately reached in this case, and that partisan detractors not be permitted—however wrongly—to raise questions about judicial fairness. There is too much at stake here to risk even an erroneous reversal, with all its attendant costs to the people of the United States, and most importantly, to the victims of this terrible crime. Failure to recuse could cause delay, uncertainty, and unwarranted focus on a matter that is collateral to the overriding issue of these defendants’ guilt or innocence.” [New York Times, 9/9/1995] Alley, who unsuccessfully fought to keep the case, wrote in a court filing regarding his removal, “The judge who succeeds to this case will have to bear a dreadful burden, and I wish him or her well.” Matsch has experience in similar trials; in 1987, he presided over the civil rights trial of four members of the white supremacist group The Order, who murdered progressive radio talk show host Alan Berg (see June 18, 1984 and After). He is known as a stickler for punctuality and order in his courtroom, brooking little nonsense from lawyers on either side of the case. Morris Dees of the Southern Poverty Law Center (SPLC), which monitors white supremacist and military groups, calls Matsch’s selection “poetic justice.” Defense lawyers for both Timothy McVeigh and Terry Nichols say they are comfortable with Matsch presiding over the trials of their clients. [New York Times, 12/5/1995; Serrano, 1998, pp. 255]

Entity Tags: Richard P. Matsch, Morris Dees, Terry Lynn Nichols, Patrick M. Ryan, Timothy James McVeigh, Wayne E. Alley, Stephen Jones

Timeline Tags: US Domestic Terrorism

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]

Entity Tags: Timothy James McVeigh, Carole Howe, Charles R. Key, Oklahoma Bombing Investigation Committee, Federal Bureau of Investigation, Jayna Davis, Wayne E. Alley, WorldNetDaily

Timeline Tags: US Domestic Terrorism

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