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Jennifer McVeigh ( April 24, 1995), the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), retains two lawyers to represent her in the event she is charged in the case. The lawyers are Joel L. Daniels and Andrew C. LoTempio, both of upstate New York, in the same area as the McVeigh family home in Pendleton, New York. Daniels has told the Buffalo News that he worries the FBI may charge Jennifer McVeigh with conspiracy. [New York Times, 5/9/1995]
Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and 3:15 p.m. and After, April 21-22, 1995) is charged as a co-conspirator in connection with the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Prosecutors say that Nichols, though he did not participate directly in the bombing, played a direct and central role in carrying it out with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Nichols is charged in a criminal complaint that is filed under seal with the court; a lawyer involved in the case says the prosecution may be trying to keep some undisclosed details of the evidence it is providing out of the public eye for the time being. Nichols’s lawyer, public defender David Phillips, says he expects Nichols to be indicted at any time. Nichols is being held in custody in Wichita, and will likely be moved to Oklahoma City soon. Prosecutors may be pressuring Nichols to turn state’s evidence against McVeigh, and lead them to others who may have been involved in the plot, particularly the elusive “John Doe No. 2” (see April 20, 1995). Nichols insists that he had no idea McVeigh planned to bomb the Murrah Federal Building, but prosecutors believe otherwise. One witness who may testify against Nichols is his former wife, Lana Padilla. In an interview Padilla recently gave to a tabloid television show, American Journal, she said Nichols gave her a package in 1994 that contained a key to a storage locker; the locker contained thousands of dollars in gold and silver bouillon (see November 5, 1994 - Early January 1995). In previous interviews with reporters, Padilla had not mentioned the locker. Investigators also believe that their 12-year-old son, Joshua Nichols, may have been at the rental office in Junction City where the Ryder truck containing the bomb was rented (see April 15, 1995). Some witnesses in Herington, Kansas (see (February 20, 1995)), say they saw Joshua Nichols in town the same day that McVeigh rented the Ryder truck in Junction City; a supermarket manager recalls seeing Nichols and his son on April 17, when they rented three film videos and bought a can of peanuts. “They browsed around about 30 minutes,” the manager says. “He came up to the clerk and said he was a new customer. She asked for his driver’s license and he said he didn’t have one. She asked for his Social Security number, and he just told us a number.” [New York Times, 5/9/1995; Douglas O. Linder, 2001; Fox News, 4/13/2005] Joshua Nichols tells reporters for ABC News that he was not with his father as the supermarket manager has stated. Prosecutors say Padilla put her son on a plane for their home in Las Vegas on April 17. [New York Times, 5/10/1995] Nichols is formally charged the following day (see May 10, 1995).
Federal prosecutors charge Terry Nichols, a suspected co-conspirator in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and May 9, 1995), with conspiring to carry out the bombing along with accused bomber Timothy McVeigh (see April 21, 1995). If convicted, Nichols could face the death penalty under federal anti-terrorism laws. Nichols is escorted under heavy guard into the Wichita, Kansas, federal courthouse; a woman in the crowd screams at him, “Baby killer!” Nichols is charged with being a direct participant in the “malicious damage and destruction” of a federal building, and charged with aiding and abetting the attack. Prosecutors have not yet revealed the evidence they have against him. The charges faced by McVeigh and Nichols are likely to be augmented or replaced entirely by a broader conspiracy indictment, federal officials say. Nichols’s public defender, Steven Gradert, refuses to speculate on whether the prosecutors are attempting to pressure Nichols into cooperating with their prosecution of McVeigh. “I don’t know,” Gradert says, and adds that he believes “the government is not quite sure what the theory of this case is.” Nichols is being transported to Oklahoma, where he will be incarcerated at the El Reno Federal Corrections Center, the same facility that currently houses McVeigh. Nichols’s ex-wife Lana Padilla and their son Joshua Nichols are in Oklahoma City to testify before a grand jury empaneled to hear evidence about the bombing. The FBI is also pressuring another friend of McVeigh’s and Nichols’s, Michael Fortier, to give more information (see April 23 - May 6, 1995, May 1, 1995 and May 8, 1995). Nichols has been held in the Sedgwick County, Oklahoma, jail since April 22 as a material witness to the bombing. He is accompanied by his two public defenders, Gradert and David Phillips. Gradert calls his client “scared… upset, and… nervous.” [New York Times, 5/10/1995]
A federal grand jury in Detroit charges James Nichols (see December 22 or 23, 1988, April 21, 1995 and After, and April 25, 1995) with conspiracy to build explosives. James is the brother of Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995), accused of conspiring with Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). The charges against James Nichols do not directly accuse him of conspiring with his brother and McVeigh to build the Oklahoma City bomb; the three-count indictment, brought by Assistant US Attorney Robert Cares, applies only to crimes Nichols is alleged to have committed in Michigan. It also refers to “other persons, whose names are known and unknown to jury” who joined in the conspiracy. The indictment says the conspiracy stretched from 1988 until federal agents raided Nichols’s farm on April 21, two days after the Oklahoma City bombing, and says the government has reason to believe Nichols had “prior knowledge” of the bombing. The indictment allows law enforcement authorities to keep Nichols in custody and to cancel an upcoming hearing for Nichols’s possible release. Nichols is being held pending arraignment before a federal magistrate. The indictment is based largely on testimony from Nichols’s neighbors (see April 21, 1995 and After), and is apparently similar to evidence provided in a criminal complaint filed in late April (see April 25, 1995). The indictment adds new details, such as the allegation that in 1994 he and his brother made and stored grenades at the Nichols farm, and in 1992 the brothers and McVeigh experimented with making and detonating bombs made of “readily available materials” like brake fluid. It also cites a letter McVeigh wrote James Nichols that said in part, “Keep me posted on any ‘trouble,’” a statement Cares interprets as pertaining to the bombing. [New York Times, 5/12/1995; Serrano, 1998, pp. 235]
An FBI affidavit filed today in Oklahoma suggests that planning for the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) began as early as September 1994, when accused bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995) began buying thousands of pounds of ammonium nitrate fertilizer and rented the first of several storage sheds in small towns in Kansas (see October 17, 1994). Nichols is accused of accumulating two tons of ammonium nitrate and, just before the bombing, purchasing an unspecified quantity of diesel fuel, another essential ingredient for the bomb. The affidavit, unsealed at a hearing for Nichols at the El Reno Federal Corrections Center outside Oklahoma City and intended to show a judge that sufficient grounds exist to charge Nichols with the bombing, provides the first look at the government’s case against Nichols and accused bomber Timothy McVeigh (see April 21, 1995). The affidavit provides a chronological timeline of events that together portray Nichols and McVeigh as Army buddies turned amateur terrorists, and suggests that Nichols may have actually led the bomb-making effort, though he did not participate in the bombing itself. Nichols’s brother James Nichols has also been indicted on charges of building bombs (see May 11, 1995). However, the indictment shows no direct involvement by James Nichols or anyone else in the bombing conspiracy. The indictment specifically offers no evidence that the as-yet unidentified “John Doe No. 2” (see April 20, 1995), suspected of accompanying McVeigh when he rented the Ryder truck used to deliver the bomb (see April 15-16, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is involved in the bombing, though authorities continue to search for him, believing him to be either a co-conspirator or a valuable witness. The affidavit states that “an explosive device of the magnitude” that wrecked the Murrah Federal Building “would have been constructed over a period of time utilizing a large quantity of bomb paraphernalia and materials.” Building such a bomb, the document says, “would necessarily have involved the efforts of more than one person,” although it does not say how many. The affidavit also reveals that five months before the bombing, Nichols left a letter that instructed McVeigh to clean out two of the storage sheds if Nichols were to unexpectedly die, told McVeigh he would be “on his own,” and said he should “go for it!” (see November 5, 1994 - Early January 1995). It shows that a search of Nichols’s home found numerous materials appearing to be related to the bomb, including explosive and other materials used in the bomb itself. And Nichols has admitted to having the knowledge required to make an ANFO (ammonium nitrate and fuel oil) bomb such as the one used in Oklahoma City. He said he disposed of ammonium nitrate by spreading it on his yard on April 21 after reading press accounts that the substance was one of the ingredients used in the bomb, and told investigators that the materials they found at his home were “household items.” After the 13-minute hearing, US Magistrate Ronald L. Howland orders Nichols held without bail pending a preliminary hearing scheduled for May 18. Patrick M. Ryan, the interim US Attorney for the Western District of Oklahoma, reads the charges against Nichols, and says the government will seek the death penalty. Nichols is currently represented by two federal public defenders, David Phillips and Steven Gradert, but the judge is expected to appoint another lawyer to represent Nichols on the bombing charges. [New York Times, 5/12/1995]
Authorities indict Steven Garrett Colbern on federal weapons charges in Oatman, a small mining town in northwestern Arizona. They describe Colbern as a “drifter” who is wanted on weapons charges in California. Colbern becomes of far more interest to federal authorities when he tells them he knew accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). However, authorities say they have no reason to believe Colbern was part of the bomb plot. Colbern attempted to fight off the law enforcement officials who arrested him, even attempting to pull a pistol during the brief melee, and is charged with resisting arrest as well. Investigators search his Oatman trailer and find firearms, ammunition, stolen medical supplies, and a laboratory for making methamphetamine, but no evidence linking Colbern to the bombing. Colbern tells investigators that he knew McVeigh under his alias, “Tim Tuttle” (see October 12, 1993 - January 1994 and February - July 1994), but says he knows nothing about the April 19 bombing. US Attorney Janet Napolitano says she does not want Colbern released on bail just yet. Oatman residents say Colbern came to town about four months ago, and has supported himself as a dishwasher and cook’s helper at a local restaurant. He has a degree in chemistry from UCLA and was a former research associate in DNA studies at Cedars-Sinai Research Institute in Los Angeles. Acquaintances who knew him during his youth in Oxnard, California, say he always had an interest in science and explosives. Dale Reese, who knew Colbern in a school biology club, says of Colbern: “He did talk about explosives. He was just interested in those sorts of things. He just liked making things go boom. He was very strange, very smart, kind of nerdish, kind of lonerish. I didn’t like the guy.” Authorities found a letter in McVeigh’s possession addressed to someone with the initials “S.C.,” and further investigation connected the letter with Colbern. Oatman is only 20 miles southwest of Kingman, Arizona, where McVeigh has frequently lived (see November 1991 - Summer 1992, May-September 1993, February - July 1994, September 13, 1994 and After, October 4 - Late October, 1994, February 1995, February 17, 1995 and After, and March 31 - April 12, 1995). Restaurant owner Daryl Warren tells a reporter that he has heard Colbern express anti-government and pro-Nazi sympathies in the past, and has spoken of the Arizona Patriots, a right-wing paramilitary group (see April 22, 1995). Warren says: “I do recall on two or three occasions politics being brought up, and he would always make references to the Third Reich. I was convinced that he was not too happy with our government.” Warren also says that Colbern was out of town for two or three weeks at the time of the bombing; Lou Mauro, who employs Colbern, says Colbern told him he was going to Los Angeles to visit his ailing mother and did not return until the weekend of April 22. One of Colbern’s roommates, Preston Scott Haney, says he and Colbern were together at the time of the bombing. “They [the FBI] think he is part of the Oklahoma bombing, but he was sitting right next to me when the bomb went off,” Haney says. “And he was here the week before and the week after.” Officials in Washington say they do not believe Colbern is “John Doe No. 2,” the missing man suspected of either being part of the bombing plot or a material witness to the conspiracy (see April 20, 1995). Another of Colbern’s roommates, Dennis Malzac, is also arrested on arson charges, and is suspected of being connected to an explosion behind a house in Kingman last February (see February 1995), along with a second man suspected of being in Connecticut. [New York Times, 5/13/1995] Newsweek will describe Colbern as a “gun-toting fugitive.” [Stickney, 1996, pp. 193] Days later, federal officials will clear Colbern of any involvement in the bombing. They will say that they hope Colbern can shed some light on McVeigh’s activities in the months before the bombing, and may offer him leniency on the charges he faces if he becomes a witness for the government prosecution of McVeigh. Both Colbern and McVeigh frequented gun shows in the northern Arizona area, but no witnesses have come forward to say they ever saw them together. [New York Times, 5/16/1995] Authorities believe McVeigh may have tried to recruit Colbern for his bomb plot (see November 30, 1994).
Amo Roden. [Source: Amo Roden]Reporter Peter J. Boyer publishes an article in the New Yorker depicting the almost-mesmerizing attraction the scene of the 1993 Branch Davidian massacre (see April 19, 1993) has over radical right-wingers. The site of the Branch Davidian compound, on a hill outside Waco, Texas, has been razed and burned over, but enough debris remained for Amo Bishop Roden to come to the site, fashion a crude shack from fence posts, pallets, and sheet metal, and take up residence there. Roden, the wife of former Davidian leader George Roden (see November 3, 1987 and After), says God told her to come to the site to keep the “end-time church” of Davidian leader David Koresh alive. She makes money by selling Davidian memorabilia, including T-shirts and photos. “People come by every day,” she says. “And usually it’s running around a hundred a day.” Most of the people who come to the site are tourists, she says, “but some are constitutional activists.” Boyer writes that Roden’s “constitutional activists” are “members of that portion of the American extreme fringe which believes the FBI raid on the Davidian compound exemplified a government at war with its citizens.” Boyer writes that those radical fringe members regard the Davidian compound as “a shrine,” and view April 19, the date of the Davidians’ destruction, as “a near-mystical date, warranting sober commemoration.” Last April 19, two things occurred to commemorate the date of the conflagration: the unveiling of a stone monument listing the names of the dead, and the bombing of a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The man responsible for the Oklahoma City bombing, Timothy McVeigh, has himself made the pilgrimage to Waco (see March 1993). Alan Stone, a professor of psychiatry and law at Harvard, says the mistakes made by the federal government at Waco will continue to fuel right-wing paranoia and conspiracy theories until the government acknowledges its mistakes: “The further I get away from Waco, the more I feel that the government stonewalled. It would be better if the government would just say, ‘Yes, we made mistakes, and we’ve done this, this, and that, so it won’t happen again.’ And, to my knowledge, they’ve never done it.” [New Yorker, 5/15/1995; Amo Roden, 2010] Religious advocate Dean Kelley writes that Roden collects money from tourists and visitors, ostensibly for the Davidians who own the property, but according to Kelley, the Davidians never receive any of the donations. [Dean M. Kelley, 5/1995] Four years after Boyer publishes his article, a similar article, again featuring an interview with Roden, is published in the Dallas Morning News. Paulette Pechacek, who lives near the property, will say of her and her husband, “We expected it [the visits] for months afterwards, but it surprises us that people still come.” [Dallas Morning News, 6/27/1999]
FBI investigators tell a Buffalo News reporter that they have not yet decided whether Jennifer McVeigh, the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is herself a suspect or merely a witness. Previous interrogations of Jennifer McVeigh have been problematic, with agents learning that she had destroyed evidence, and her evident unwillingness to cooperate in building a case against her brother (see April 21-23, 1995). She has been released from FBI custody (see April 24, 1995), but investigators are still considering her as a possible accomplice. “The FBI believes she knew ahead of time that something big was going to happen” (see April 15, 1995), an unidentified source tells the reporter. “But whether she knew a bomb was going to be exploded in Oklahoma City… that’s an open question. She’s a ‘tweener. Is she a suspect or just a witness? Right now, I don’t think the feds know what to do with her.” [Stickney, 1996, pp. 229] She has retained two lawyers from the Buffalo, New York, area to represent her in case charges are brought against her (see May 9, 1995). She will not be charged in the bombing, but she will testify in the grand jury investigation (see August 2, 1995).
The New York Times reports that Timothy McVeigh, accused of executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), has claimed responsibility for the bombing. The Times’s sources are two people who have spoken with McVeigh during his continuing incarceration at the Federal Correctional Institution in El Reno, Oklahoma; they spoke to Times reporter Pam Belluck in return for anonymity. McVeigh, the sources claim, told them he chose the Murrah Federal Building as a target because it housed so many government offices, and because it was more architecturally vulnerable than other federal buildings. The sources say McVeigh said he knew nothing of the day care center in the building, and was surprised to learn that children had died in the bombing. McVeigh told the sources that he was not “directly involved” with armed civilian paramilitary groups (see October 12, 1993 - January 1994, September 12, 1994 and After, November 1994, December 1994, January 1995, and April 5, 1995), though he admitted to having “relationships and acquaintances with a few people who have similar views,” primarily people he met at gun shows, the sources say. They say McVeigh acknowledges responsibility for the bombing, but does not believe he committed a crime. They say that McVeigh told them the planning for the bombing began at least nine months ago (see September 13, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, March 1995, March 31 - April 12, 1995, April 13, 1995, April 15, 1995, and 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995), and he had considered targets throughout the Midwest, from Denver to Kansas City to Texas and South Dakota. They say that McVeigh told them he had gone to the bomb site at least once (see October 20, 1994 and April 16-17, 1995) but had not gone inside the building. Federal officials say the Murrah Building was extremely vulnerable to explosive damage because of its large glass windows, its nine floors which could collapse upon one another, and because of the absence of any courtyard or plaza separating the building from the street, where a truck carrying a bomb could be parked. McVeigh’s alleged statements to the two sources suggest that those factors greatly influenced his choice of the building. The sources say that McVeigh was motivated to carry out the bombing in part because of the 1992 killing of white supremacist Randy Weaver’s wife and son during a standoff with federal agents in Ruby Ridge, Idaho (see August 31, 1992), and because of his fury over the Branch Davidian debacle outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After). McVeigh was also driven, they say, by a more general hatred of the government, which may be fueled in part by his failure to land a well-paying job when he left the Army (see November 1991 - Summer 1992). The sources say McVeigh did not single out any one experience that triggered his desire to plan and execute the bombing. McVeigh also noted, they say, that he did not specifically target the Bureau of Alcohol, Tobacco and Firearms (BATF), some of whose agents in Oklahoma City participated in the Davidian siege. Rather, they say, McVeigh wanted to target as many government agencies as possible in one strike. McVeigh talked about the significance of the date of the bombing, April 19; not only was it the date of the Davidian tragedy, but it was the anniversary of the battles of Lexington and Concord, where in 1775 the first shots of the American Revolution were fired. The sources provide few details of the bombing plot, and it is unclear if McVeigh divulged any such details. The sources say McVeigh did not speak much of his accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, 3:15 p.m. and After, April 21-22, 1995, and May 11, 1995), nor did he speak of others who might have been involved in the plot. They say that McVeigh did mention his acquaintance Steven Colbern (see May 12, 1995), and said that Colbern was not involved in the plotting. The sources say that while McVeigh carefully plotted the bombing itself, the escape he planned was less well thought out (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). He forgot to transfer the license plate from a Pontiac he traded (see January 1 - January 8, 1995) onto his getaway car, a Mercury Marquis (see April 13, 1995); the failure to transfer the plate caused him to be pulled over by a highway patrol officer. McVeigh told the sources he had no money with him and no back-up person to help him if he was detained. “I don’t know how to explain that gap in his planning or his organization,” one of the sources says. “The primary objective was obviously the building itself.” One of the sources adds: “He’s very anxious, obviously, because of the position he’s in. He’s anxious to see what the next step is in the process and when this will be resolved.” [New York Times, 5/16/1995]
An Army friend of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, After May 6, 1995, and May 16, 1995), Michael Fortier, tells federal authorities that he and McVeigh inspected the Murrah Federal Building in Oklahoma City as a potential bombing target in the days before the blast (see December 16, 1994 and After). Fortier knew McVeigh from their time together at Fort Riley, Kansas (see March 24, 1988 - Late 1990), and says he knew of McVeigh’s plans for the bombing while the two lived in Kingman, Arizona (see May-September 1993, February - July 1994, August 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, and February 17, 1995 and After). Fortier and his wife Lori decided to stop lying about their involvement with McVeigh and the bomb plot (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995) and tell the truth after receiving subpoenas for their testimony before a grand jury investigating the bombing; instead of testifying under oath, Fortier opens a discussion with prosecutors about a settlement, and gives his statements about McVeigh in an initial offer of the evidence he says he can provide. They also ask the authorities about retaining a lawyer. Michael Fortier admits that a statement he signed in Kingman, Arizona, is mostly false. Fortier and his wife testify for hours about their involvement with McVeigh and their complicity in the bomb plot. Fortier is negotiating with federal prosecutors for a plea deal, and for immunity for his wife, in return for his cooperation in their prosecution of McVeigh and co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995, April 24, 1995, and May 11, 1995). Fortier says he and McVeigh drove from Arizona to the Murrah Federal Building about a week before the bombing in an apparent effort to “case” the building. Fortier denies he had any direct role in the blast, but authorities have been very interested in him since the day of the bombing. Authorities have searched his trailer in Kingman and questioned him thoroughly, though officials say they have no basis to charge him with any direct involvement in the bombing. Fortier may still be charged as an accessory to the bombing, or on other related charges. It is doubtful, people involved in the case say, that the government would give Fortier full immunity from prosecution. Fortier is the first person to directly implicate McVeigh in the bombing; until now, investigators have only a large amount of circumstantial evidence tying McVeigh to the blast. Nichols has denied any direct knowledge of the bombing, and currently is not cooperating with investigators. Some investigators believe that Fortier may be the elusive “John Doe No. 2” (see April 20, 1995), who is considered either a co-conspirator or a material witness with knowledge of the plot, though Fortier does not clearly match the description of the suspect. [New York Times, 5/19/1995; Serrano, 1998, pp. 244-245]
James Nichols (see April 21, 1995 and After and April 25, 1995), the brother of accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is released on his own recognizance from a Michigan federal prison. Nichols has been held on charges of conspiring with his brother and accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995) to make bombs in Michigan, where he owns a farm in Decker. “If released, this defendant poses a risk of flight and a danger to the community,” Assistant United States Attorney Robert Cares tells Judge Paul Borman, citing his belief that Nichols had “prior knowledge” of the bombing. Defense lawyer Robert R. Elsey says Nichols is nothing more than an ordinary farmer, and brings a number of neighbors to the proceeding to vouch for Nichols’s character. Borman rules that there is not enough evidence to hold Nichols on the charges; says that he is not a threat to the public nor a flight risk, ruling, “There is not an iota of evidence of dangerous acts towards others”; and orders Nichols released into the custody of neighbors. Nichols will wear an electronic device to monitor his movements—he is under a curfew and restricted to moving in a small group of Michigan counties—and is ordered to stay away from explosives and firearms. Nichols has been held without bail since his Decker farmhouse was raided on April 21 (see April 21, 1995 and After). He was indicted in early May (see May 9, 1995) by a grand jury on charges of conspiring with McVeigh and his brother to make, store, and detonate bombs on his farm. Nichols was never charged in direct connection with the Oklahoma City bombing; in today’s hearing, Borman focused on the Michigan charges, and refused to allow the prosecution to tie Nichols to the Oklahoma City bombing without more evidence. Government prosecutors argued that Nichols should remain in jail because of his ties to the two subjects. Cares suggested that the “bottle bombs” that Nichols has admitted setting off with his brother and McVeigh were an “experiment” that served as a prelude to the 5,000-pound truck bomb in Oklahoma. Cares told the court: “James Nichols himself engaged in rhetoric of violence. If it was just rhetoric, we wouldn’t be here today. But he and Terry Nichols and Timothy McVeigh turned those words into action.” FBI agent Patrick Wease testified that a confidential source told him that Nichols said a group called the Patriots would take over the government by force. Wease testified that Nichols told the witness the Patriots “would be involved in the killing of cops, judges, and lawyers.” Elsey will argue at an upcoming hearing that all charges against Nichols be dropped. For his part, Nichols says he harbors no resentment towards the government, and says he wants to go home and plant his soybeans. He declines reporters’ requests to discuss his brother. Of the bombing itself, Nichols says: “It’s a bad tragedy, and everyone should cooperate—and I’m cooperating fully—to get to the bottom of it.” Elsey says Nichols’s anti-government views have been exaggerated. “He just believes the government in many instances is behaving beyond the norms of the constitution, and the limitations of the constitution,” Elsey says. “His alleged animosity to the government was ill-stated by himself.” Elsey adds that Nichols made some anti-government comments during a contentious divorce. [New York Times, 5/22/1995; New York Times, 5/23/1995; Serrano, 1998, pp. 235-236] In August, federal prosecutors will drop charges against Nichols concerning his manufacture of explosives on his farm. [New York Times, 8/11/1995] Nichols will be given a hero’s welcome when he returns to Decker, where many consider him an unwarranted victim of government persecution and a scapegoat for a bombing conspiracy that they believe was carried out by the government itself. [Stickney, 1996, pp. 193-194]
Joseph H. Hartzler. [Source: Associated Press]The US Justice Department names Joseph H. Hartzler, an Assistant US Attorney in Springfield, Illinois, to lead its prosecution of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995). Attorney General Janet Reno has moved Merrick Garland, who oversaw the initial phase of the bombing investigation, back to Washington to head the Justice Department’s criminal division. She creates what becomes known as the OKBOMB task force, a trial team focusing on continued investigation and the prosecution of McVeigh and his alleged accomplice, Terry Nichols. Reno selects Hartzler from dozens of resumes submitted by government lawyers from around the country. In the 1980s, Hartzler, who suffers from multiple sclerosis and is wheelchair-bound, helped convict four Puerto Rican nationalists accused in a bombing plot, and helped prosecute a federal judge in Chicago, in what became known as the “Greylord investigation.” He has worked as the chief of both the criminal and civil divisions in Chicago, one of the country’s largest US Attorney’s offices. Arlene Joplin, an Oklahoma City prosecutor, will remain on Hartzler’s prosecution team. Justice officials say that Hartzler was chosen because of several factors, including his background in complex criminal cases, terrorist prosecutions, and his ability to work with other government lawyers already on the case. Hartzler is asked by a criminal defense attorney not involved in the case what he thinks about it. Hartzler responds: “Whoever did this should spend some time in hell. I just want to accelerate the process.” Hartzler vows to have no press conferences, and will in fact have very few, though his team does have a few media “favorites,” most notably Jeffrey Toobin, a writer for the New Yorker and a legal analyst for ABC News who once worked with two of the OKBOMB staffers and is considered a supporter of the prosecution. [New York Times, 5/22/1995; Serrano, 1998, pp. 249-250] Missouri criminal defense lawyer Michael B. Metnick will later say of Hartzler: “His integrity is beyond reproach. He’s a prosecutor I can turn my back on.” Hartzler will tell a reporter that he asked for the McVeigh prosecution because “I thought I could make a difference.” [New York Times, 6/2/1997]
The Murrah Federal Building is demolished. [Source: The Oklahoman]The wrecked hulk of the Murrah Federal Building, destroyed in the Oklahoma City bombing a month ago (see 8:35 a.m. - 9:02 a.m. April 19, 1995), is brought down in a planned demolition. The demolition consists of 150 pounds of dynamite placed in 300 carefully selected locations, and costs the federal and state governments around $404,000. The entire demolition takes about eight seconds. Retired highway department employee Lawrence Glover says: “You can’t stand to look at something like that forever. It’s like when a family member dies and your heart is broken, but you’ve got to bury them and try to get back to the land of the living. Even when you don’t think you ever can.” Linda West of nearby Yukon says: “I had stayed away before now because I felt guilty. I felt like I was intruding somehow. Now that it’s all over, I need some sort of—it’s not closure, because there is no closure on this thing, but it’s like going to the cemetery after the funeral. I was listening to a radio talk show about how most people didn’t know why they came here, they just felt like they had to. I’m like that. I don’t know why, but I had to.” Hundreds of spectators watch the demolition in almost complete silence. Afterwards, many cry, hug one another, and slowly leave the scene. Many at the scene believe a memorial to the dead, and to the responders and rescue workers who saved so many from the rubble, should be erected on the site; others say a children’s playground or library would be fitting. Onlooker Bruce Ligon says, “It doesn’t really matter what they choose, because nobody in this town, or in this country either, is ever going to forget what happened.” [Washington Post, 5/24/1995; Fox News, 4/13/2005] Authorities had considered using cranes and wrecking balls instead of explosives to bring the building down, in concern that a second explosion, no matter how controlled, might further traumatize city residents. “The psychological ramifications were a real consideration of everyone involved in the decision,” Douglas Loizeaux, vice president of Controlled Demolition Inc, whose firm handles the demolition process, said last week. “There was a serious discussion about whether we would be traumatizing people even more by having another explosion. But by using implosion, we can bring the building down weeks sooner than by using a crane, and so the mending process can begin that much quicker.” Dusty Bowenkamp, a psychological nurse from Los Angeles who is coordinating the emergency mental health services of the American Red Cross in Oklahoma City, agreed with Loizeaux’s assessment. The building, she said last week, is “a magnet for people with grief.” She said she and her colleagues had discussed the ramifications of a second explosion, and talked with dozens of people who helped bring the dead and injured out of the rubble and others who carried blast victims into hospitals or the morgue. A few, she said, thought imploding the building was a bad idea: “it’s too much like what happened before—too much like the bomb.” The city residents were informed well in advance of the planned demolition so it would not “retrigger more fear.” The lawyer for accused bomber Timothy McVeigh, Stephen Jones (see May 8, 1995), had filed a motion to delay the demolition so he could examine the building for evidence, but that motion was denied. [New York Times, 5/16/1995; New York Times, 5/16/1995] Two days ago, a team of people hired by Jones did examine the building for clues; that team included an explosives expert, an architect, and a camera crew. Jones explained that he wanted to understand “the dynamics of the bomb” and “the physics of the explosion.… There needs to be a separate record from that of the government. There is a criminal litigation and civil litigation. All sides will need a record, and the government’s record wouldn’t necessarily be available.” [Stickney, 1996, pp. 222-223] A brick wall from another damaged building stands nearby. Written on it in dark red paint is:
We Search for the Truth.
We Seek Justice.
The Courts Require it.
The Victims Cry for it.
And GOD Demands it! [Serrano, 1998, pp. 174]
Robert Millar, the 69-year-old leader of the militantly religious, white supremacist community Elohim City in eastern Oklahoma (see 1973 and After), tells New York Times reporters that he and his community had nothing to do with accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995). The press has learned that some members of the Elohim City community may have devised the original Oklahoma City bomb plot (see 1983 and August 1994 - March 1995); McVeigh is suspected of having some ties with Elohim City community members (see January 23, 1993 - Early 1994, October 12, 1993 - January 1994, September 12, 1994 and After, November 1994, December 1994, February 1995, April 5, 1995, and April 8, 1995); and some sources claim federal agents were warned about the bombing from an informant in the community (see August 1994 - March 1995). Millar insists that no one in Elohim City knew who McVeigh was until they read about him in the papers. “I don’t think I’ve ever seen him,” Millar says. “I don’t think he’s ever been in any of my audiences to the best of my knowledge. He may have gotten our telephone number from someone if he used our telephone number. And if he phoned here, nobody here has any knowledge of ever talking to him.” Newsweek has reported that McVeigh called someone in Elohim City two weeks before the bombing (see April 5, 1995). Asked by a reporter if he had heard of McVeigh, if McVeigh called or visited the community, and whether he condoned the bombing, Millar says, “No, no, no, and no.” To another reporter asking about McVeigh’s alleged visit, he replies, “I imagine that your unnamed government sources are manipulating you.” Millar served as a “spiritual advisor” to Richard Snell, who was executed the day of the bombing for murdering a state trooper and a shopkeeper in Arkansas (see 9:00 p.m. April 19, 1995). Asked if he continues to espouse the racist and anti-Semitic ideals that have marked his community for years, Millar produces a careful answer: “I think the least-gifted black person has divinely endowed intellectual and physical capabilities that the most sophisticated robot we can produce is not able to equal. So what I’m saying is, I think all of God’s creation is special and gifted and I’m not interested in denigrating or belittling or misusing any part of God’s creation. That should be a sufficient answer.” He portrays Elohim City as a small village of “less than 100 people” whose inhabitants desire to be left alone, have little money, and little need for money. The community supports itself, he says, on the labor of some of the men, who “do logging; they also haul hay for the neighbors.” District Attorney Dianne Barker Harrold tells reporters that she does not believe the community is a threat: “I have no reason to foresee any problems. They’ve been here 22 years, and there haven’t been any problems.” Millar also announces that his granddaughter Angela Millar is marrying James Ellison, the former leader of the now-defunct Covenant, Sword, and Arm of the Lord. Ellison served a prison term for racketeering, and has claimed to have been involved in the 1983 Elohim City bomb plot (see 1983). [New York Times, 5/24/1995]
Entity Tags: Elohim City, Covenant, Sword, and Arm of the Lord, Angela Millar, Dianne Barker Harrold, James Ellison, New York Times, Timothy James McVeigh, Newsweek, Richard Wayne Snell, Robert Millar
Timeline Tags: US Domestic Terrorism
The lawyer for accused Oklahoma City co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) asks Federal Judge David L. Russell to release his client without bail. Defense lawyer Michael Tigar calls the government’s evidence against Nichols “lamentably thin,” and says Nichols’s actions, particularly in connection with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), were innocent and typical of a “peaceable, law-abiding person.” Tigar, along with co-counsel Ronald G. Woods, is apparently following a strategy of attempting to distance Nichols from McVeigh, claiming that Nichols and McVeigh had a “falling out” in February 1995 over plans to work gun shows and swap meets together. According to court papers filed by Tigar, Nichols had printed up his own business cards and other material for a new business trading in military equipment that had no place for McVeigh. Tigar also assails the government’s investigation, accusing FBI investigators of withholding evidence from the defense, of holding Nichols’s wife Marife (see July - December 1990) “virtually incommunicado and without counsel” for “33 days of continuous interrogation,” and of refusing to interview witnesses with information favorable to Nichols. According to Tigar’s timeline of events, Nichols, knowing little to nothing of a specific bomb plot (see Late 1992-Early 1993 and Late 1994, April 19, 1993 and After, October 12, 1993 - January 1994, September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, March 1995, April 13, 1995, and April 15-16, 1995), met with McVeigh on April 16 in Oklahoma City and drove him to Junction City, Kansas (see April 16-17, 1995). Prosecutors have stated that the day before, McVeigh told Nichols that “something big is going to happen,” impelling Nichols to ask if McVeigh planned on robbing a bank (see April 15, 1995). In Tigar’s timeline, this exchange never happened. Instead, Tigar’s timeline recounts a lengthy story of McVeigh calling Nichols on April 16 complaining of car trouble; McVeigh, Tigar claims, had a television set with him that belonged to Nichols’s ex-wife Lana Padilla that Nichols wanted for his home in Herington, Kansas (see (February 20, 1995)). Nichols drove to Oklahoma City to get the television set. Tigar says that the Nichols family used the television set to watch a videotape of The Lion King and two other movies on April 17. In the days before the bombing, Tigar says Nichols took his family to a restaurant, picked up new business cards and labels, and, on the day of the bombing, visited a local hardware store and a military surplus dealer to discuss selling or trading Army tools, possibly for roofing shingles, and worked around his house. Tigar says Marife Nichols has confirmed this version of events. Tigar also says that prosecution allegations that Nichols used his pickup truck on April 18 to help McVeigh load fertilizer into the rented Ryder truck McVeigh used for the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) are false, and instead Nichols had loaned McVeigh his truck, and not accompanied McVeigh to the loading site at Geary Lake in Kansas. Tigar also says that a fuel meter owned by Nichols and believed by the prosecution to have been used to measure the bomb ingredients was broken the entire time Nichols owned it. [New York Times, 5/19/1995; New York Times, 5/25/1995] Later press reports will show that Tigar’s information about the supposed “falling out” between McVeigh and Nichols comes from Padilla. According to Padilla: “He said, ‘Tim and I are going to go our separate ways and I am going to the shows myself.’ That surprised me. They were going to go their own ways and it was because Terry was going to buy his own house and have his wife and baby come out. I don’t think that Tim could stand that. Terry also said that Tim didn’t like kids.” [New York Times, 8/6/1995] The prosecution counters with a request to hold Nichols without bail, citing evidence seized from Nichols’s home that implicates him in the bombing conspiracy (see 3:15 p.m. and After, April 21-22, 1995), and a series of letters he wrote to the IRS and other federal agencies repudiating his citizenship and asking to be exempted from paying federal taxes (see April 2, 1992 and After). Prosecutors say the letters demonstrate Nichols’s repudiation of “roots to this country and its sovereign states” and that he therefore should be denied bail. “Nichols poses a danger to the community and an unreasonable risk of flight against which no conditions of release could adequately guard,” the prosecutors argue. Russell denies Nichols bail and orders him to remain in custody. Tigar says he will appeal the ruling. Russell also orders that Nichols be allowed to sleep without lights beaming into his cell 24 hours a day, and that prison officials not allow any more mental health professionals to interview Nichols without the court’s approval. Tigar has called a visit by a previous counselor “unwanted” and intrusive. [New York Times, 6/2/1995; New York Times, 6/3/1995]
Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols, is finally released from FBI custody after being held for over a month (see 3:15 p.m. and After, April 21-22, 1995). She has reassured her father-in-law Robert Nichols that she and her daughter Nicole are being treated well (see April 30, 1995), put up in an Oklahoma City hotel for the duration of her stay. Before she leaves FBI custody, she receives a Mother’s Day card signed by five female agents from the Kansas City field office. The card’s handwritten message reads in part: “We all hope the best for you. Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We have all fallen in love with Nicole. We all wish the best for you and your new baby. Don’t let all this latest news (see May 9, 1995, May 10, 1995, May 11, 1995, May 22, 1995, and May 25 - June 2, 1995) affect you. We are all here for you. If you ever are lonely, if you ever want to talk, if you ever want to cry, just call us. We’ll be here for you.” They pencil in a phone number and sign it “Love,” followed by their signatures. Marife will eventually return to her home country of the Philippines (see July - December 1990). [Serrano, 1998, pp. 231-232]
Stephen Jones, the lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is engaged in attempts to humanize his client in the public’s perception. As such, Jones gives an interview to the press where he talks about the huge volume of mail McVeigh receives every day, including letters of support and even marriage proposals. “The marriage proposals are kind of strange, but people have sent Bibles and other mementoes along with notes of support,” Jones says. “Some of these people have very anti-government views. They will write and say they believe the feds were responsible. One of the more radical said something like, ‘If you did it, right on.’ Others either wish him the worst or don’t indicate their preferences one way or another, except to say they hope he is able to get a fair trial.” Many of the letters McVeigh receives are from people who believe the government carried out the bombing; some ask if McVeigh was encouraged to carry out the bombing by government “provocateurs.” [Stickney, 1996, pp. 235-236]
Michael E. Tigar. [Source: Washington Post]The New York Times profiles Michael E. Tigar, the lead defense lawyer for accused Oklahoma City bombing conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Tigar, a law professor at the University of Texas, has represented numerous unpopular defendants in previous proceedings, and like Nichols, many of those clients’ cases presented what the Times calls “unusual or complicated legal and political questions.” At the beginning of his legal career, Tigar represented leftists such as Abbie Hoffman, Angela Davis, and H. Rap Brown; during the 1969 trial of the “Chicago Seven,” Tigar, representing anti-war organizer David Dellinger, was briefly jailed for contempt of court. In later years, Tigar represented clients on the right of the political spectrum, including accused Nazi war criminal John Demjanjuk and Senator Kay Bailey Hutchison (R-TX), who had been accused of misusing her office as state treasurer. In the early 1980s, he helped win a $2.9 million judgment against Chile for the Pinochet government’s assassination in Washington of former Chilean Ambassador Orlando Letelier. Michael J. Kennedy, who has worked closely with Tigar in the past, says: “He understands that the way we measure the value of our justice system is how it treats society’s pariahs. It’s easy to treat the popular people well. But what Mike understands is that the system will be measured by how it treats those people that the government considers to be despicable.” Tigar combines a strong knowledge of legal scholarship with a folksy, disarming courtroom style, according to the Times. [New York Times, 6/9/1995]
Law enforcement authorities call off the search for the so-called “John Doe No. 2,” believed to be another person involved in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20, 1995). Officials say the sketch identifying the man is of an innocent person. The sketch has been “enhanced” twice to further aid in identification. [Douglas O. Linder, 2001; Indianapolis Star, 2003] Government prosecutors say that the person believed to be depicted in the sketches is Todd David Bunting, an Army private from Fort Riley, Kansas; they say that Bunting has no connections to McVeigh or the bombing. A witness has told the FBI that he saw Bunting at Elliott’s Body Shop, a truck rental agency in Junction City, Kansas, on April 17, two days before the blast, either in the company of accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) or standing close to him while McVeigh rented the Ryder truck used in the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Authorities now believe that Bunting was at the rental shop on April 16, the day before McVeigh’s visit, or perhaps April 18, the day after. The FBI releases a statement that says in part: “That individual… resembles the sketch previously circulated as the second of two men who rented the truck on April 17 and who has been called John Doe No. 2.… [The FBI] has determined that individual who has been interviewed was not connected to the bombing.” Some investigators believe that the witness, the rental agent at the shop, became confused under pressure from investigators to recall the details of the second man he says he saw with McVeigh. [New York Times, 6/14/1995; Mickolus and Simmons, 6/1997, pp. 811; The Oklahoman, 4/2009] Bunting will later say that it is his face depicted in the composite sketches of “John Doe No. 2.” [New York Times, 12/3/1995] He closely resembles the sketch, and has a Carolina Panthers baseball cap with lightning strikes down the sides, much like the cap Doe No. 2 was said to wear. He even has a tattoo on his right arm where one witness said Doe No. 2 has a tattoo. The press learns of the Bunting identification before the FBI can hold an official press conference announcing its findings, and reporters trek to Timmonsville, South Carolina, where Bunting is attending the funeral of his mother-in-law, to interivew him; some reporters even barge into the funeral home. Bunting will later stand before cameras and reporters in a press conference held in Fort Riley, where he says he was at Elliott’s Body Shop in the company of another man, Sergeant Michael Hertig, to rent a truck and pack up his belongings to transfer to Fort Benning. He talks of the FBI’s questioning of him, and of the chill he felt when he learned he was being connected to the bombing, however tenuously. Author Richard A. Serrano will later write that after repeated humiliating press reports of false identifications of Doe No. 2 (see April 20, 1995 and May 1-2, 1995), the FBI wants the problems of Doe No. 2 to “go away… dissolve from the nation’s consciousness.” Serrano will suggest that agents deliberately found an innocent man, Bunting, who bears a strong resemblance to the sketch, and decided to use him to end the speculation. If true, the FBI’s efforts will be fruitless: the speculation will continue for years, with a Web site, “John Doe Times,” posted by an Alabama militiaman, hosting anti-government postings and criticism of the ongoing investigation. The far-right “Spotlight” newsletter will say in 1996 that federal agents had employed “dupes” to bomb the Murrah Building, and that McVeigh and Doe No. 2 were mere patsies. The newsletter will claim that Doe No. 2, a government provocateur, lives in hiding on an Indian reservation in upstate New York. Others will speculate that Doe No. 2 is white supremacist Michael Brescia (see August 1994 - March 1995, (April 1) - April 18, 1995, April 8, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995), who bears a close resemblance to the sketch. Brescia later pleads guilty to crimes unrelated to the bombing and will deny any involvement. [Serrano, 1998, pp. 265-266] Author Nicole Nichols, an expert in right-wing domestic terrorism unrelated to accused co-conspirator Terry Nichols, will later speculate that Doe No. 2 is actually Andreas Strassmeir, a gun aficianado and member of the militaristic Elohim City compound along with Brescia (see 1973 and After). Press reports later state that McVeigh denies any involvement by Strassmeir (see February 28 - March 4, 1997). Prosecutors will later reiterate that Bunting is “John Doe No. 2” and reiterate that he has no connection to the bombing (see January 29, 1997).
The constant presence of FBI agents in the small northern Arizona town of Kingman is unsettling the town’s residents. The investigators, combing through the town looking for evidence and witnesses to prove that former Kingman resident Timothy McVeigh carried out the Oklahoma City bombing (see March 1993, May-September 1993, February - July 1994, September 13, 1994 and After, October 4 - Late October, 1994, October 21 or 22, 1994, February 1995, February 17, 1995 and After, March 31 - April 12, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995), contrast poorly with many of the 13,000 residents, who arm themselves well and consider themselves opponents of the federal government. Some residents were outraged when the FBI arrested Kingman’s James Rosencrans during one of its sweeps, after Rosencrans threatened agents with an assault rifle (see May 1, 1995). One resident, James Maxwell Oliphant, tells a reporter he has waited for over a decade for blue-helmeted United Nations occupational forces to kick in his door. Oliphant, a self-described “patriot” who carries a Ku Klux Klan business card, has blown off one of his arms practicing with explosives, taken in skinheads who later turned against him, and served time in prison for conspiring to rob armored cars. He sees the influx of FBI agents in Kingman as the first of a wave of assaults the US government intends to carry out against its citizenry. Many of Oliphant’s fellow residents agree with him. Another resident, who refuses to give his name, says: “This is just the first sound of the alarm. People are going to rise up. There’s going to be a war. You can hear about it on AM radio.” The New York Times writes that “since the 1970s, [Kingman] has become a haven for disillusioned Americans hoping to distance themselves from big government.” David Baker, who once sold McVeigh a car, says he rarely leaves his house now for fear that FBI agents may be lying in wait to question him. The investigators are having as much trouble with the overly garrulous residents as the uncooperative ones; one, Jack Gohn, tells larger and more expansive stories about McVeigh every day. Agents attribute Gohn’s often-fanciful recollections to his suffering with Alzheimer’s disease and his stated desire for the $2 million federal reward being offered for information. But many more residents are not forthcoming. One flea market vendor proudly admits to a reporter that he lied to FBI agents for sport: “I sold McVeigh a .44 Magnum once,” he says, adding that his name is John Smith and pausing to see whether the reporter appears to believe him. “But I didn’t tell them that. It’s none of their business.” [New York Times, 6/18/1995]
Accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995) tells a legal researcher that he does not know the man identified only as “John Doe No. 2” (see April 20, 1995 and June 14, 1995) who is suspected of being involved in the bombing, says he is not sure that accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) was involved in the bombing, and denies any personal involvement in the bombing or the conspiracy. He also denies being as close to McVeigh as media reports and prosecutors have asserted (see March 24, 1988 - Late 1990, November 1991 - Summer 1992, April 19, 1993 and After, October 12, 1993 - January 1994, November 22, 1993, (September 30, 1994), September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, (February 20, 1995), March 1995, March 17, 1995, April 13, 1995, April 15-16, 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols speaks to anti-government legal researcher and lecturer Karl Granse, the leader of the anti-government legal group Citizens For a Tax-Free Republic. Granse later tells a reporter that Nichols says if he were not in jail, he would be looking for “John Doe No. 2” himself. He also says he is angered that FBI investigators attempted to question his 12-year-old son (see May 9, 1995), and refused to allow him to speak to his wife, Marife, for a month after the bombing. Nichols initiated the conversation, telephoning Granse from prison, and asked for legal advice. Granse is a self-taught legal researcher and holds no legal degree. It is the first time that Nichols has spoken to an outsider about his relationship with McVeigh. Granse says he knows Nichols’s brother James (see May 22, 1995) from a lecture James Nichols attended in December 1994; investigators have found audiotapes of Granse’s lectures in James Nichols’s belongings. Granse says he has been questioned by FBI investigators regarding his relationship with the Nichols family and denies any but the most casual knowledge of the family. He says he has never met McVeigh and does not know the identity of “John Doe No. 2.” Granse says he has no intention of joining Nichols’s legal team. He has produced a video about the bombing that suggests the US government actually carried it out. [New York Times, 6/24/1995]
Stephen Jones, the lawyer for accused Oklahoma City bomber Timothy McVeigh, (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), releases flattering photographs and videotapes of his client, along with McVeigh’s US Army records, saying that the public has a right to know McVeigh “as he really is.” McVeigh is a patriotic, happy young man, Jones says, and, quoting McVeigh’s military records, an “inspiration to young soldiers.” The photos and videotapes show McVeigh smiling and laughing with his lawyers. Jones has also allowed McVeigh to be interviewed by retired Colonel David Hackworth, a Newsweek columnist (see June 26, 1995, July 3, 1995) and June 26, 1995). “The public is entitled to know more about Mr. McVeigh than the government has released anonymously,” Jones says. Jones has already discussed the large amount of “supportive” mail McVeigh is receiving in prison (see June 9, 1995). Newsweek has released excerpts from Hackworth’s interview with McVeigh. Jones denies trying to influence potential jurors, saying: “If I were trying to influence potential jurors, I could say a lot more. The principal purpose behind it is to present our client to the public, to the families of the victims, to the victims who survived, as we believe he really is, to let them see something other than the 10 to 15 seconds of him walking out of the Noble County Courthouse. What I think you should draw from the record is that this is a young man who served his country honorably for four years.” Jones explains that he and McVeigh granted the interview with Hackworth because “Hack wrote him and said that he wanted to talk with my client, soldier-to-soldier.” [Associated Press, 6/26/1995; Chicago Sun-Times, 6/26/1995] The public-relations blitz is not entirely successful. Janet Walker, who lost her husband David in the blast, says: “They can’t make him innocent by putting a smile on his face, and they can’t make him guilty until they convict him. It’s nothing more than a ploy. I know that. He’ll get his in the end, if he’s guilty.” [Stickney, 1996, pp. 237-238] Jones tells reporters that McVeigh had been mistreated during his initial incarceration: telephone lines had been disconnected when he attempted to call a lawyer, and jailers had refused to give him a bulletproof vest during his “perp walk” transfer from the Noble County Courthouse (see April 21, 1995) because, Jones says, “It was like they were hoping Jack Ruby would come out.” Jones is referring to the man who shot accused Kennedy assassin Lee Harvey Oswald before Oswald could be arraigned. Noble County Undersheriff Raymond Jones strongly denies both of Jones’s claims. Jones also says that a camera set up to monitor McVeigh in his El Reno Federal Corrections Center cell, which is active 24 hours a day, is there to “engage in a kind of psychological warfare” that might “ultimately, perhaps… have an effect on [McVeigh’s] mental stability, which in turn might affect the trial.” The camera is later turned off for four hours a day, complying somewhat with Jones’s wishes. Jones also accuses prosecutors of “wiretapping” McVeigh’s conversations with his lawyers, and says that government wiretaps have been placed on his own phones, charges the prosecution denies. [Stickney, 1996, pp. 233-234, 239] Judge David L. Russell notes that Jones “slipped” Hackworth and photographer Peter Annin into the El Reno facility by pretending they were members of McVeigh’s legal team, and later asks McVeigh if he is comfortable with his lawyer conducting himself in such a manner. “Obviously, you don’t want somebody representing you that is not going to give you their all, would you agree with that?” Russell asks McVeigh. McVeigh says he is confident that Jones is representing him well, and assures Russell that he is “mentally competent” to make that determination. [Serrano, 1998, pp. 247-248]
Retired Colonel David Hackworth, a columnist for Newsweek, talks to PBS interviewer Charlie Rose about his recent interview with accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Hackworth’s interview will result in a brief column (see July 3, 1995) and a cover story (see June 26, 1995), both of which engender tremendous controversy; critics have said that Hackworth has played into McVeigh’s lawyers’ efforts to “soften his image” (see June 26, 1995). Hackworth says that while he “expected to find a monster,” he found a normal young man, “disarming… laid back,” and a “very cool” person. “He came across as the boy that lived next door.” Hackworth says he set up the interview after sending McVeigh a copy of his book About Face, which interested McVeigh enough to have him and attorney Stephen Jones agree to the interview, McVeigh’s first after being arrested. McVeigh is “nothing like I had read in the press.” Rose asks how much of McVeigh’s presentation was “spin” to affect the press, and Hackworth says, “One hundred percent.… He knew that Newsweek talks to 20 million people, he knew that if he could project this kind of ‘boy next door’ image, it would hit the, uh, it might present a new twist on where he is coming from.… He handled himself very well.… He’s so smart that he’s capable of masterminding the operation, which a lot of people in the press said” he was too unintelligent to have done on his own. People in the Pentagon have told him, Hackworth says, that McVeigh could have been a brilliantly successful officer had he stayed in the military. Hackworth says that McVeigh refused to answer direct questions about his carrying out the bombing, instead saying, “We’re going to trial… we’re pleading not guilty.” He calls the bombing a “precise… military operation” that “wasn’t something a militia type, frothing at the mouth, could have put together.” The bombing was handled well, he says, up until McVeigh’s “bug out,” or escape: “To jump in that old car… and get stopped (see 9:03 a.m. -- 10:17 a.m. April 19, 1995) was a minor charge.” Asked what that says about McVeigh, Hackworth replies, “It was almost one of those odd coincidences that we saw in the Lee Harvey Oswald case [the purported assassin of President John F. Kennedy], you know, it was perfect except he’s got the wrong ammunition or something.” Hackworth reiterates his characterization in Newsweek of McVeigh suffering from a “postwar hangover,” a depression that ensued after the war ended and he lost his battlefield comrades (see November 1991 - Summer 1992); his judgment became clouded and his thinking became skewed. Hackworth says that McVeigh denies any miltia ties whatsoever, and denies ever claiming he was being held as a “prisoner of war,” as news reports have alleged. Hackworth says that McVeigh told him he was treated well by his jailers, but says that McVeigh asked why he was not given a bulletproof vest on his short walk from the Noble County Courthouse to his transport to the El Reno federal facility. Hackworth says that the blank, grim look on McVeigh’s face that has characterized him in the news is actually the “thousand-yard stare” that soldiers get when they are expecting to be shot. Hackworth says he expected to “push a button” by asking McVeigh about the Branch Davidian standoff and ultimate tragedy (see April 19, 1993 and April 19, 1993 and After), but McVeigh was not rattled. He concludes that when he interviewed accused Iran-Contra conspirator Oliver North (see May-June, 1989), he caught North in “a hundred lies,” but he did not catch McVeigh in a single lie. Either McVeigh was telling the truth, Hackworth says, or he is a masterful liar. [PBS, 6/26/1995]
Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995 and April 24, 1995) gives an interview to Newsweek, saying he intends to plead not guilty to all charges; the interview quickly makes headlines around the country. In a cover story entitled “The Suspect Speaks,” McVeigh tells interviewer Colonel David Hackworth (see June 26, 1995) that the first he knew of the bombing was when a state trooper pulled him over driving north from Oklahoma City some 90 minutes after the blast (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh says he was “horrified” by the deaths of 19 children in the explosion, and adds: “And you know, that was the number one focal point of the media at the time, too, obviously—the deaths of the children. It’s a very tragic thing.” He refuses to directly confirm or deny any involvement in the bombing, saying, “The only way we can really answer that is that we are going to plead not guilty.” The interviewer tells him, “But you’ve got a chance right now to say, ‘Hell no!’” McVeigh replies, “We can’t do that.” McVeigh goes into some detail about his “average childhood” (see 1987-1988); his lawyer Stephen Jones (see May 8, 1995), present for the interview, tells the interviewer that McVeigh is “the boy next door, a boy wonder.” Newsweek records McVeigh’s appearance as “a little nervous, maybe, but good humored and self-aware. Normal.” The interview is held in a conference room at the El Reno Federal Corrections Center about 25 miles west of Oklahoma City. Jones has released pictures and an audio-less videotape of McVeigh laughing and smiling while talking to his lawyers, in an apparent attempt to soften his image. Of the video, Jones says, “We want to present our client to the public as we believe he really is.” The country is most familiar with the image of McVeigh being led away from an Oklahoma County Jail in handcuffs (see April 21, 1995). Jones also emphasizes McVeigh’s solid military record (see March 24, 1988 - Late 1990 and January - March 1991 and After). Jones placed heavy restrictions on the interview with McVeigh, and thusly little new material is given. McVeigh will not discuss any evidence that prosecutors say shows his guilt, and Jones refuses to allow McVeigh to answer questions about whether he committed the bombing. Though in May the press reported that sources had said McVeigh confessed to the bombing in prison (see May 16, 1995), Jones says: “I’m not aware of anything he said in the interview that is inconsistent with what has been reported up to this point by the New York Times and every other newspaper in the country. If you’re trying to suggest that there may have been anything inconsistent, may I respectfully suggest that you may have not read the interview carefully.” Jones later disputes one quote attributed to him of McVeigh, where Jones supposedly told the interviewer, “He’s innocent.” Jones says, “I frankly don’t remember saying that he’s innocent and I do not think that is something I would have said.” McVeigh also denies any affiliation with militia groups or attending meetings of such groups (see 1992 - 1995, January 23, 1993 - Early 1994, October 12, 1993 - January 1994, April 1994, September 12, 1994 and After, November 1994, January 1995, and April 5, 1995), and denies reports that he had called himself a “prisoner of war” and refused to state anything but his name, rank, and serial number (see April 21, 1995). He acknowledges setting off small explosions on a farm in Michigan with his accused co-conspirator Terry Nichols (see October 12, 1993 - January 1994), but says they were little more than plastic Pepsi bottles “that burst because of air pressure,” adding, “It was like popping a paper bag.” He refuses to go into details about his political views, saying merely that he was “bothered” by the 1993 Branch Davidian debacle (see March 1993, April 19, 1993, and April 19, 1993 and After), and acknowledges visiting the site after the final raid by FBI agents. He admits to having “been through Oklahoma City,” but when asked if he and his friend Michael Fortier (see May 19, 1995) had “cased” the Murrah Federal building in the days before the attack, replies, “I think I’d rather not answer that.” He says that the government has “[m]ost definitely” made “mistakes,” but does not characterize himself as an anti-government person. [New York Times, 6/26/1995; Serrano, 1998, pp. 225]
Federal investigators probing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) link weapons stolen in a 1994 Arkansas robbery (see November 5, 1994) to one of the bombing suspects, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995). Nichols is accused of plotting the bombing with Timothy McVeigh (see April 21, 1995 and April 24, 1995); both are suspected in the robbery. Some of the 66 rifles and shotguns, and eight handguns, stolen from Arkansas gun collector and dealer Roger Moore were found in a recent search of Nichols’s home in Herington, Kansas (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995). Thirty-three weapons were found in Nichols’s home, as well as a safe-deposit key stolen in the Moore robbery. Investigators have also determined that a rare, customized Winchester Model-43 .22-caliber Horner rifle stolen from Moore was discovered in a gun shop in Kingman, Arizona, where McVeigh has lived on and off for years (see March 1993, May-September 1993, February - July 1994, September 13, 1994 and After, October 4 - Late October, 1994, October 21 or 22, 1994, February 1995, February 17, 1995 and After, and March 31 - April 12, 1995). The gun shop owner, Jim Fuller, says he bought the rifle from a known associate of McVeigh’s, James Rosencrans (see May 1, 1995). [New York Times, 7/3/1995]
Stephen Higgins, the former head of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF), publishes an op-ed for the Washington Post explaining why his agency mounted a raid on the Branch Davidian compound outside of Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Higgins says he wrote the piece after watching and reading about the public reaction to the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which many claim was triggered by the Waco debacle (see April 19, 1993). Higgins says a raft of misinformation surrounds the BATF raid on the Davidian compound, and gives his rationale for the raid.
BATF Did Not Instigate Investigation into Davidians - “[D]espite what fundraisers at the National Rifle Association would have us believe, the [B]ATF is not part of some sinister federal plot to confiscate guns from innocent people,” he writes. The agency was alerted to the Davidians’ stockpiling of weapons by reports from a local deputy sheriff, who heard from a United Parcel Services driver that a package he delivered to the Davidians contained grenade parts (see November 1992 - January 1993), and earlier deliveries included black gunpower, firearms parts, and casings. “[C]onspiracy theorists had best include the local sheriff’s office and UPS as part of the collusion,” Higgins writes. In addition, the day before the raid, the Waco Tribune-Herald began the “Sinful Messiah” series of reports on the Davidians and their leader, David Koresh (see February 27 - March 3, 1993), which detailed, Higgins writes, “the potential danger the group represented to the community as well as, somewhat ironically, the failure of local law enforcement agencies in addressing the threat. (The conspiracy now would have to include the local newspaper publisher!)”
Davidians Posed Clear Threat to Community - Higgins says that it would have been dangerous to assume that the Davidians were peaceful people who did not plan to actually use the weapons they were amassing, and repeats the claim that Koresh said in late 1992 that “the riots in Los Angeles would pale in comparison to what was going to happen in Waco” (see December 7, 1992). Higgins goes on to say that during the 51-day siege, Koresh alluded to a previous plan to blow up the dam at Lake Waco, that Koresh wanted to provoke a confrontation with the BATF, and had at one point considered opening fire on a Waco restaurant to provoke just such a conflict.
BATF Feared Mass Suicide - Higgins notes that the BATF, like the FBI, feared the possibility of “mass suicide” (see February 24-27, 1993, Around 4:00 p.m. February 28, 1993, March 5, 1993, March 7-8, 1993, March 12, 1993, (March 19, 1993), and March 23, 1993), and gives several examples of cults who have carried out just such mass suicides.
Disputes Claims that BATF Fired First Shots - Higgins disputes the claims “that the Davidians were only defending themselves when they shot and killed four [B]ATF agents and wounded numerous others” during the February 1993 raid. He notes that investigations have shown that all four BATF agents were killed by Davidian gunfire (see February 2000) and not “friendly fire,” as some have alleged, and asks, “[W]hat possible excuse could there have been for the Davidians even taking up arms—let along using them—upon learning inadvertently from a TV cameraman that ATF agents were on their way to serve warrants?” Had the Davidians allowed the BATF agents to serve their warrants, “there would have been no subsequent loss of life on either side.” He goes on to say that it was the Davidians, not the BATF, who first opened fire, as a Treasury Department report has confirmed (see Late September - October 1993). He writes that for BATF agents to have merely “driven up to the compound and politely asked to conduct a search without displaying any firearms” would have been “dangerous and potentially suicidal.”
Using Waco as an Excuse for Violence - Higgins concludes that people like Timothy McVeigh, the Oklahoma City bomber, do not decide to do violence to innocent people because of tragedies such as the Davidian incident, but “use it as an excuse for their behavior.” He notes that after the Oklahoma City bombing, someone called it a “damned good start.” He says perhaps the upcoming hearings on the Waco tragedy (see Late July 1995) might influence some of these people: “By seeing the faces of the survivors and reading their stories, maybe those who so vehemently rail against government authority in general, and government workers in particular, will come to understand better that those people they’ve been so quick to criticize have real faces and real families. They car-pool to work. They coach Little League sports. They mow their lawns. They’re the family next door that waters your plants and takes in your mail while you’re away. No one deserves to have their life placed in jeopardy simply because they work in, or happen to be passing by, a government office. And no one, not even law enforcement officers who get paid for risking their lives, deserves to be targeted by violent extremists threatening to kill them simply for doing their jobs.” For others, like radio talk show host G. Gordon Liddy, who has advised his listeners to shoot BATF agents in the head because they wear bulletproof vests (see August 26 - September 15, 1994), “I doubt there’s much hope,” Higgins writes. He says that Liddy’s excuse that he was talking strictly about self-defense doesn’t wash; some angry and unstable individuals might well take Liddy’s words literally. Higgins compares Koresh to mass murderers such as Charles Manson and David Berkowitz (“Son of Sam”), and concludes: “We can’t change the outcome of what happened at Waco, but we have a responsibility not to ignore simple fairness and compassion in our search for the truth. If there is to be another hearing on Waco, let’s hope it’s for the purpose of examining the facts and learning from the tragedy, not merely to please one more special interest group with an anti-government agenda.” [Washington Post, 7/2/1995]
Entity Tags: US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Koresh, G. Gordon Liddy, Branch Davidians, Stephen Higgins, Washington Post, Waco Tribune-Herald, Timothy James McVeigh, National Rifle Association
Timeline Tags: 1993 Branch Davidian Crisis
Newsweek publishes a column by Colonel David Hackworth, who regularly writes on military matters for the magazine. Hackworth recently visited accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) in prison (see May 11, 1995). McVeigh and his lawyer Stephen Jones were featured in a recent issue of Newsweek as well (see June 26, 1995). Hackworth includes little of the actual words of the interview in this column, and spends most of his time giving his impression of McVeigh. He is ambivalent at best, lauding McVeigh’s military record and his ramrod-straight appearance, but speculative at best about McVeigh’s professed innocence. When he talked to McVeigh at the El Reno Federal Corrections Center, he writes, “I realized my gut feeling was right. He has what a lot of soldiers, good and bad, have: fire in the belly. When we talked about the military, a change came over him: McVeigh suddenly sat straight in his chair. The Army, he says, ‘teaches you to discover yourself. It teaches you who you are.’ I know what he means. To warriors, the military is like a religious order. It’s not a job. It’s a calling. Not too many people understand that calling or have what it takes.” Hackworth believes that after McVeigh returned from serving in Desert Storm (see March 24, 1988 - Late 1990 and January - March 1991 and After), he “slipped into what’s known among vets as a postwar hangover[. I’ve] seen countless veterans, including myself, stumble home after the high-noon excitement of the killing fields, missing their battle buddies and the unique dangers and sense of purpose. Many lose themselves forever.” He notes that McVeigh voluntarily washed himself out of Special Forces training (see January - March 1991 and After), “but seemingly accepted his defeat stoically. Did his failure drive him over the edge? Maybe, but McVeigh says no: ‘It wasn’t the straw that broke anything.’ He planned to get in shape and come back. Still, something snapped.” Hackworth writes that McVeigh left the Army because of the postwar letdown and the Army’s “drawdown” of personnel (see November 1991 - Summer 1992), and was particularly troubled by his comrades leaving the service. He quotes McVeigh as saying, “You can literally love your battle buddies more than anyone else in the world.” Hackworth adds: “When they shipped out he was devastated, wondering if he’d made a mistake by staying in the military. Losing your war buddies is like losing an arm or a leg—or a loved one. McVeigh may have been crushed by the amputation.” From there, Hackworth writes, McVeigh “couldn’t adjust to civilian life,” and notes: “I’m no shrink, but I’ve seen this failure to adapt many times before. The rules change on you. You’re used to order—having a dear objective, knowing just how to get the job done. Then you’re on your own in a different world, with no structure and little exact sense of what you’re supposed to do.” None of this excuses or even explains the crimes McVeigh is accused of committing, he writes, and concludes: “The Timothy McVeigh I talked with didn’t seem like a baby killer. He was in high combat form, fully aware that his performance in the interview was almost a matter of life and death. If he’d been in combat, he’d have a medal for his coolness under fire. He might also be the most devious con man to ever come down the pike. At times McVeigh came across as the boy next door. But you might never want to let him into your house.” [Newsweek, 7/3/1995] Hackworth’s column contains much the same information he gave PBS’s Charlie Rose in a recent interview (see June 26, 1995). In a harsh critique of Hackworth’s military writing, Slate writers Charles Krohn and David Plotz will call his column on McVeigh “astonishingly sympathetic,” and will mock Hackworth’s “postwar hangover” explanation of McVeigh’s alleged bombing. [Slate, 11/28/1996] Although the interview is dated July 3, the issue of Newsweek containing it appears on June 26.
James Rosencrans, a former neighbor of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), tells reporters that McVeigh’s friend, Michael Fortier (see May 19, 1995), attempted to make him an unwitting accomplice in a robbery that investigators believe was carried out to help finance the bombing (see November 5, 1994). Rosencrans, who has had at least one incident with law enforcement authorities as a result of the investigation into the bombing (see May 1, 1995), has turned over a rare rifle from the robbery to investigators, who believe accused co-conspirator Terry Nichols gave him the rifle (see Before July 3, 1995). Rosencrans has testified before the federal grand jury hearing evidence against McVeigh and Nichols. Fortier is also cooperating with authorities in return for reduced charges. The rare rifle, a customized Winchester .22-caliber, was given to Rosencrans along with two other firearms by Fortier, who once shared a trailer home with McVeigh next door to Rosencrans in Kingman, Arizona. “I believe he was trying to stick me with the rifle,” Rosencrans says. “I feel like I’m being played. I thought he was my friend.” Rosencrans says he knows “at least six people” in Kingman who had also gotten guns from Fortier. Rosencrans calls them “normal, everyday citizens,” who are “afraid of getting sucked in.” Rosencrans tells reporters that about a month before the bombing, McVeigh called Fortier to ask if Rosencrans could drive McVeigh for “maybe five or 10 hours” to an unspecified place and drop him off. Then, Rosencrans was to go to the nearest airport and “leave the car there.” Rosencrans recalls: “I said: ‘Leave the car there? What the hell for? Why don’t I just keep it?’” Rosencrans says he refused to drive McVeigh. [New York Times, 7/6/1995] Rosencrans tells reporters he fears he is the target of “a witch hunt” by federal agents whom, he says, are eager to implicate him in the bombing conspiracy. Of his grand jury testimony, he says the investigators “grilled me for four hours and then gave me four minutes on the stand. I went down there to help these guys. They treated me like a criminal, and then they ignored me when I got there.” The agents, he says, “are up to something.” He says he has refused to name anyone else who might have obtained guns from McVeigh or Fortier, and would continue to do so. “The Feds seem to think that there are 30 or 40 people involved in this thing, but they could just be somebody who happened to know somebody,” he says. “It’s a sad day in America when everything’s guilt by association.” [New York Times, 7/7/1995]
Federal prosecutors formally notify Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) that they intend to seek the death penalty against him in his upcoming trial. Prosecutors send a letter to McVeigh’s lead lawyer, Stephen Jones, advising that McVeigh will be indicted before August 11 with “one or more crimes potentially punishable by death.” The letter is signed by Patrick M. Ryan, the US Attorney in Oklahoma City. Government officials, including President Clinton and Attorney General Janet Reno, have said they would press for the death penalty against the person or persons responsible for the bombing (see 4:00 p.m., April 19, 1995 and April 22, 1995). The announcement ends speculation that the prosecution might take the death penalty off the table if McVeigh pleads guilty and cooperates with the investigation. While the prosecutors can seek the death penalty, only the trial jury can impose it, if it so chooses. Jones calls the decision to seek the death penalty a “charade,” saying that the decision was made by Clinton and Reno months ago. In a response to Ryan, Jones writes, “For us to reasonably believe that any type of fair review is to be conducted would require us to accept that you, as a nominee of the president for the position you hold, and the attorney general’s Capital Review Committee, appointed by Ms. Reno, would reach a decision and recommendation which overrides the president and the attorney general’s own public commitment.” Prosecutors have not yet decided whether to invoke the death penalty against McVeigh’s accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995). Nichols’s attorney Michael Tigar says he is preparing his defense as if it will be a death-penalty case. [New York Times, 7/12/1995] Two days later, defense lawyers for Nichols inform reporters that the federal government will also seek the death penalty against Nichols. [New York Times, 7/14/1995]
Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), says he will attempt to get McVeigh’s trial moved out of Oklahoma. McVeigh faces the death penalty if convicted of crimes related to the bombing (see July 11-13, 1995). Jones says he has in mind sites well away from Oklahoma City, including New Mexico, Oregon, Washington, West Virginia, and the city of San Francisco. “These are places where there has been way less than the usual media coverage,” Jones says. “I haven’t been contacted by a single person from any of those states, in terms of the media.” US Attorney Patrick Ryan has said McVeigh and his accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), could get fair trials in Oklahoma, and that to move the trial would “further victimize the victims,” whose family members would likely testify during the sentencing phase of the trials if either or both are convicted. Jones says: “That is not a factor used in measuring where trials are held.… We have three criteria. The contents of what has been carried in the media in those states, the facilities to hold trials, and whether there was a nearby federal prison that could accommodate security concerns.… I definitely think we should not be in Oklahoma.” [New York Times, 7/18/1995]
Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) refuses to give prosecutors a handwriting sample. He is transported from the El Reno Federal Corrections Center, about 25 miles west of Oklahoma City, to a courtroom in Oklahoma City, where he refuses to provide the sample. Prosecutors say the handwriting sample could be compared to a receipt for the rental of the Ryder truck used to plant the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The courtroom, across the street from the targeted Murrah Federal Building, still has rough wooden plywood covers for many of its blown-out windows and is adorned with purple mourning ribbons. One man in the building wears a T-shirt that reads on the front, “In Memory, April 19, 1995.” The back reads, “A society that makes war against its police had better learn to make friends with its criminals.” McVeigh’s lawyer, Stephen Jones, argues that McVeigh should not have to provide a handwriting sample on the grounds that it may violate his rights against self-incrimination. Jones also says that McVeigh has written only in block letters since before joining the military in 1988 (see March 24, 1988 - Late 1990), and that a handwriting sample in cursive letters would require more than a mechanical effort by his client. Prosecution assistant Sean Connelly reminds the court that the grand jury investigating the case has requested the sample, and calls it a “very routine” test. “We are not probing his mind or thought processes,” he says. “If he says he can’t spell ‘no,’ we’ll tell him N-O.” Judge David Russell finally rules that McVeigh will give the sample. “I’m going to order the defendant to comply with the subpoena of the grand jury,” he says. “I don’t see any reason to wait. The law is clear.” To McVeigh, he says, “Failure to comply could be used against you, not just in a contempt proceeding but as evidence in a trial.” When McVeigh again refuses to give the sample, Russell orders him charged with contempt of court and gives the defense five days to respond to the contempt charge. [New York Times, 7/19/1995]
Judge Martha A. Bethel, a municipal judge in western Montana, writes of her experiences with the Montana Freemen (see 1993-1994). She characterizes them as one of several “hate groups” that operate in Montana alongside the Montana Militia (see January 1, 1994 and February - March 1995) and others, and says the Freemen are little more than “terrorists.” She writes that in January 1995, a “Freeman” appeared in her court on charges related to outstanding traffic tickets. He refused to cooperate with the court proceedings, she writes, and said he was “not in any way bound by the laws of Montana.” In March, he filed legal documents asserting that Bethel had violated her oath of office. The documents, she writes, “recounted a hearing held before ‘justices’ of a ‘common law’ court, one of a number of tribunals created in Montana recently by the fringe groups that claim they have jurisdiction over our district and local courts. The ‘Ravalli County Court, Common Law Venue, Supreme Court, Country of Montana’ demanded that I dismiss the charges within 10 days or a warrant would be issued for my arrest. On the same day, the documents were filed in several other courts as well.” Subsequently, Bethel writes, she was threatened with kidnapping and trial before the “common law court,” and promised she would be sentenced for “treason.” One telephone caller told her, “Don’t come to Darby tonight for court tonight, or you won’t be leaving.” Other court officials were threatened: “[S]omeone threatened to shoot a justice of the peace in the head. A deputy county attorney was warned that his home would be burned and that he would be shot in the back. Our district judge heard threats, to his face, that he would be hanged in the city park.” An unknown person followed Bethel home after one night court session, and shortly thereafter someone called her to tell her that the Freemen knew where she lived. Bethel has received dozens of threatening phone calls as well as calls “from concerned citizens warning me of what they heard would happen to me or my home.” Callers have threatened to “riddle [her] home with gunfire.” She has received instructions from the police on how to hide from armed assailants, and once was advised to leave the county after police learned of a planned attack on her house. Recently, a federal law enforcement agency informed her that a contract for her murder had been issued, probably by someone involved with the Freemen. Bethel has twice sent her three pre-teenaged children to live with their father for a week to keep them safe. She says she and many of her fellow court officials and citizens “share a sinking feeling of helplessness” that little is being done to address the situation (see April 1995). “I used to enjoy hearing the deer, bears, and other animals move about at night without a second thought, other than expressing thanks for the beautiful place in which I live,” Bethel writes. “Now, when I hear deer giving their warning calls, or when I hear animals moving through the brush in the woods, I worry if an intruder is frightening them.” She concludes: “This has been a living nightmare. As judges, we all expect to deal with disgruntled people who refuse to take responsibility for their actions. But who in their right mind would choose to serve their community when the community becomes defenseless in the face of such terrorism?” [New York Times, 7/20/1995]
Kiri Jewell and her father David Jewell, in an undated photo. [Source: Life]A 14-year-old girl, Kiri Jewell, testifies to Congress about her experiences as a youthful member of the Branch Davidian sect near Waco, Texas. Jewell, who left the compound months before the conflagration that destroyed it and burned scores of her former fellow Davidians to death (see April 19, 1993), testifies that since age 10, leader David Koresh forced her to have sex with him. One of the reasons for the Congressional hearings, according to the Waco Herald, is to diminish the aura of martyrdom and celebrity Koresh enjoys among some Americans, particularly those on the radical right (see May 15, 1995). Jewell’s testimony is intended to demonstate that, as the Herald writes, Koresh “used the sect as a cover for rape.” Jewell is accompanied by her father; her mother Sherri died in the flames. She says she was five when her mother took her to Waco to join the Davidians. Koresh was obsessed with two things, she testifies: the Biblical Apocalypse and sex. “David was planning to lead the group to Israel to re-take Jerusalem,” she says. “He taught that there would be a big battle between the forces of the world and his people.” She recounts stories of Koresh using a wooden stick to “discipline” children. “It was called Kelper,” she recalls. She and her mother slept with Koresh in the same bed, she testifies, and says she has a childhood friend who at age 14 “ha[d] a baby for David.” She began being sexually abused by Koresh at age 10, she recounts, and recalls her first encounter. “He kissed me. I just sat there, but he then laid me down” on a bed, she testifies. After their encounter ended, he had her take a shower and then read from the Bible. She recalls, “He sat on the bed and read the Song of Solomon.” He later told her: “King David from the Bible would sleep with young virgins to keep him warm.… I had known this would happen sometime, so I just laid there and stared at the ceiling. I was 10 when this happened.” [Waco Tribune-Herald, 3/3/1993; Waco Leader, 7/21/1995] Jewell’s father David won a custody case in Michigan in 1992, and local authorities forced Koresh to relinquish the girl to her father’s custody (see February 27 - March 3, 1993). In 2003, Kiri Jewell will recall learning how to use a pistol to commit suicide from Koresh. “You didn’t want to stick the gun to your temple because you might live,” she will recall. “You wanted to stick it in your mouth and point up. He never was very specific but at some point, we were gonna have to die for him. I didn’t expect to live past 12.” [Western Mail, 4/18/2003]
Two Congressional subcommittees begin 10 days of joint hearings in an attempt to provide “a full accounting” of what happened at the Branch Davidian compound near Waco, Texas (see April 19, 1993). [Fort Worth Star-Telegram, 7/21/2000] The hearings conclude that the Davidians, and not federal officials, caused the fires that swept through the compound and killed almost 80 Davidians (see August 4, 1995).
Timothy McVeigh’s sister Jennifer McVeigh testifies before the federal grand jury investigating the Oklahoma City bombing. Her brother is charged with bombing the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995). Her testimony clears her of any suspicion that she may have been involved in the conspiracy to bomb the building. “She’s not a target,” says her attorney, Joel Daniels. Jennifer McVeigh’s testimony is not made public. She has previously told the FBI that her brother told her he almost died in 1994 while driving a car loaded with explosives (see December 18, 1994). She has said that her brother asked her to take two $100 bills to a bank and exchange them for smaller amounts so he could get rid of money stolen in a bank robbery (see 3:15 p.m. and After, April 21-22, 1995). Prosecutors were expected to ask her about her brother’s expressed hatred toward the federal government (see Mid-December 1994) and about the contents of 20 letters he sent her, including one where he warned her about possible law enforcement surveillance. Some of the letters expressed McVeigh’s disgust and frustration with the handling of the 1993 Branch Davidian standoff (see April 19, 1993 and April 19, 1993 and After). After she completes her testimony and the grand jury declines to indict her, prosecutors give Jennifer McVeigh a grant of immunity for her testimony in her brother’s upcoming trial. [Washington Post, 8/3/1995; Stickney, 1996, pp. 242; Fox News, 4/13/2005] Witnesses in the court building say that when she leaves the grand jury chambers, she is in tears; court officers prevent reporters from attempting to question her as she runs into a restroom. Federal investigators have described her as polite but not forthcoming in previous interrogations. [New York Times, 8/4/1995; Stickney, 1996, pp. 242]
The House of Representatives concludes a 10-day series of hearings on the series of events that concluded with the fiery deaths of scores of Branch Davidian members near Waco, Texas (see April 19, 1993 and Late July 1995). The hearings do not find evidence of a White House-driven conspiracy to either destroy the Davidians or cover up the truth of the matter, as some Republican House members had predicted. An Orlando Sentinel article says that many of the questions from those House Republicans “seemed fueled more by politics than any true desire to ensure that the government avoid future fiascos a la Waco.” The hearings determined that President Clinton did not micro-manage the events of the siege and ultimate assault, nor did they find evidence that Clinton ordered the assault to prove, as some House members alleged, that his administration is “tough on crime.” Committee co-chair Bill McCollum (R-FL) acknowledged at the end of the hearings that the raid, siege, and final conflagration were caused by a string of blunders by federal law enforcement agencies. Attorney General Janet Reno testified as to why the FBI’s final assault seemed at the time to be the best approach; her overriding concern was to remove Davidian leader David Koresh without harming the children inside the compound. A Davidian who survived the fire testified that the fires that devastated the compound were started under orders from Koresh. [Orlando Sentinel, 8/4/1995] In emotional testimony before the House, former Bureau of Alcohol, Tobacco and Firearms (BATF) agent Robert Rodriguez, who served as an informant for the BATF inside the Davidian compound, said he was angered and dismayed by his superiors’ decision to raid the compound even though the Davidians knew they were coming (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Rodriguez testified that two of his then-superiors, Philip Chojnacki and Charles Sarabyn, lied to the committee when they said they did not know that the Davidians had been alerted to the February raid. Chojnacki and Sarabyn were fired for their mismanagement of the BATF raid and for covering up evidence of their malfeasance (see Late September - October 1993), but were subsequently rehired (see December 23, 1994). Rodriguez said: “Two years I’ve waited for this.… It let me get everything out.” The events of that raid and the subsequent actions, he said, were “tearing me up inside.” [Chicago Tribune, 7/25/1995] In 1999, the FBI will admit to lobbing two pyrotechnic grenades into the compound during the April assault, though the bureau will deny that the grenades started the fires (see August 25, 1999 and After).
Entity Tags: Philip Chojnacki, Charles Sarabyn, Branch Davidians, Bill McCollum, David Koresh, Janet Reno, William Jefferson (“Bill”) Clinton, US House of Representatives, Robert Rodriguez, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation
Timeline Tags: 1993 Branch Davidian Crisis
Stephen Jones, the attorney representing accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says that an unidentified leg found in the rubble of the Murrah Federal Building might belong to “the real bomber.” [Indianapolis Star, 2003; Fox News, 4/13/2005] The leg and foot are clad in a combat boot. A medical examiner’s statement says in part: “This leg was clothed in a black military type boot, two socks, and an olive drab blousing strap. Anthropological analysis of this specimen reveals the individual to be light skinned, dark haired, probably less than 30 years of age, male (75 percent probability), and having an estimated height of 66 plus or minus three inches.” Examiner’s office official Ray Blackeney says that the leg was found on May 30, after the building was demolished (see 7:01 a.m. May 23, 1995). “I knew about it,” he says. “We all knew about it here at the Medical Examiner’s.” [New York Times, 8/7/1995; New York Times, 8/8/1995] Jones tells reporters: “There may be a logical explanation for the leg, but none comes to mind. There are no persons unaccounted for. It could have been a drifter nobody knows anything about. It could have been the individual that drove the vehicle used in the explosion. The third possibility is that this person was with the person driving [the vehicle].” [New York Times, 8/7/1995; Washington Post, 8/8/1995; New York Times, 8/8/1995] In late August, the examiner’s office will reveal that the leg belonged to an African-American female, contradicting portions of its earlier reporting. Frederick B. Jordan, the chief of the examiner’s office, will tell reporters, “DNA analysis by the FBI has shown conclusively that the left leg is not male but female.” Hair analysis has proven that the victim was African-American. Jones will tell reporters that the new information destroys any confidence one could have “in any of the forensic work in this case.” [New York Times, 8/31/1995] In February 1996, experts will determine that the leg belonged to a previously identified victim (see February 21, 1996 and February 24, 1996). [Fox News, 4/13/2005]
Michael Fortier, a friend of Oklahoma City bomber Timothy McVeigh who participated to an extent in the planning of the bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, April 19, 1995 and After, After May 6, 1995, and May 19, 1995), testifies to a grand jury about his involvement in the bombing plot. Fortier’s wife Lori also testifies; her attorney, Mack Martin, says: “Her testimony had nothing to do with Mr. Fortier. Her testimony had to do with other people involved in the bombing.” She has been given given a grant of immunity in return for her testimony. Michael Fortier tells the jury of his visit to the Murrah Federal Building with McVeigh to reconnoiter the building, and admits that McVeigh told him he intended to bomb the building (see December 16, 1994 and After). He has pled guilty to illegal firearms trafficking, knowledge of the bombing, and lying to federal agents (see April 19, 1995 and After and April 23 - May 6, 1995). [New York Times, 8/7/1995; Washington Post, 8/9/1995; Washington Post, 8/11/1995; Mickolus and Simmons, 6/1997, pp. 811; Serrano, 1998, pp. 245; Douglas O. Linder, 2001; Fox News, 4/13/2005] McVeigh’s lawyer Stephen Jones says Michael Fortier is anything but a credible witness, and notes that Fortier has previously said in a television interview that he did not think McVeigh had any involvement in the bombing (see May 8, 1995). [Washington Post, 8/9/1995] Instead, Jones says in a court filing that the grand jury should begin looking for evidence of a “broad domestic or foreign conspiracy to bomb the Oklahoma City Federal building” by demanding intelligence reports on Iran and other avenues of investigation (see 10:00 a.m. April 19, 1995 and After). [New York Times, 8/9/1995] Fortier’s lawyer, Michael McGuire, will say his client came forward out of guilt and remorse. “There is no expression of grief or words sufficient to describe his anguish over the responsibility he feels for knowing about the plans to bomb the Murrah building,” McGuire will say. “The defining thing that made him want to cooperate was his conscience.” Jones says, “I think any time the government has to give two [potential] co-defendants a pretty good deal, there are weaknesses in the case.” Fortier faces a maximum of 23 years in prison and fines totaling $1 million. [Washington Post, 8/11/1995] Through his lawyers, Fortier cut a deal to testify if he was assured he would not be charged as a co-conspirator in the plot, though prosecutors refused to grant him full immunity. Some observers have speculated that Fortier may have agreed to cooperate if prosecutors granted his wife immunity [New York Times, 6/21/1995; New York Times, 8/7/1995] , a deal later confirmed by reporters. [New York Times, 8/8/1995] Lori Fortier tells grand jurors about witnessing McVeigh conduct a demonstration using soup cans on her kitchen floor that illustrated the effects of a massive bombing (see (February 1994)). McVeigh, she says, arranged soup cans to simulate the pattern he could make with barrels of explosives. McVeigh placed the soup cans in a triangle, she says, to direct the force of an explosion at a desired target, with two of the three points of the triangle flush against the side of the truck to maximize the damage. Michael Fortier did not witness the demonstration, she testifies. She also says that McVeigh once drew a diagram that showed how to blow up a building. [New York Times, 9/4/1995; Serrano, 1998, pp. 91] Both the Fortiers will repeat their testimony in McVeigh’s trial (see May 12-13, 1997).
A federal grand jury indicts Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on 11 counts of murder and conspiracy. Neither McVeigh nor Nichols are present during the hearing. The grand jury is only empowered to bring federal charges; the eight murder charges are in regards to the eight federal agents slain in the bombing: Secret Service agents Mickey Maroney, Donald Leonard, Alan Whicher, and Cynthia Campbell-Brown; DEA agent Kenneth McCullough; Customs Service agents Paul Ice and Claude Madearis; and Paul Broxterman, an agent in the Office of the Inspector General at the Department of Housing and Urban Development. Both Nichols and McVeigh are expected to face 160 counts of murder brought by the state of Oklahoma; both will plead not guilty to all counts of the indictment (see August 15, 1995). The indictment levels the following charges:
on September 30, 1994, McVeigh and Nichols purchased 40 50-pound bags of ammonium nitrate (2,000 pounds in total, or one ton) in McPherson, Kansas, under the alias “Mike Havens” (see September 30, 1994);
on October 1, 1994, McVeigh and Nichols stole explosives from a storage locker in Marion, Kansas (the actual date of the theft is October 3—see October 3, 1994);
on October 3-4, 1994, McVeigh and Nichols transported the stolen explosives to Kingman, Arizona, and stored them in a rented storage unit (see October 4 - Late October, 1994);
on October 18, 1994, McVeigh and Nichols bought another ton of ammonium nitrate in McPherson, Kansas, again using the “Mike Havens” alias (see October 18, 1994);
in October 1994, McVeigh and Nichols planned the robbery of a firearms dealer in Arkansas as a means to finance the bombing, and on November 5 they “caused” firearms, ammunition, coins, cash, precious metals, and other items to be stolen from gun dealer Roger Moore (see November 5, 1994);
on December 16, 1994, McVeigh drove with Michael Fortier to Oklahoma City and identified the Murrah Federal Building as the target of the upcoming bombing (see December 16, 1994 and After);
in March 1995 McVeigh obtained a driver’s license in the name of “Robert Kling,” bearing a date of birth of April 19, 1972 (see Mid-March, 1995);
on April 14, 1995, McVeigh bought a 1977 Mercury Marquis in Junction City, Kansas, called Nichols in Herington, Kansas, used the “Kling” alias to set up the rental of a Ryder truck capable of transporting 5,000 pounds of cargo, and rented a room in Junction City (see April 13, 1995);
on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
on April 18, 1995, at Geary Lake State Park in Kansas, McVeigh and Nichols constructed the truck bomb using barrels filled with ammonium nitrate, fuel, and other explosives, and placed the cargo in the compartment of the Ryder truck (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995);
on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
on April 19, 1995, McVeigh “caused the truck bomb to explode” (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
The indictment accuses McVeigh and Nichols of plotting the bombing “with others unknown to the Grand Jury.” It does not mention the person identified earlier as “John Doe No. 2” (see June 14, 1995). The grand jury says it is confident others, as yet unidentified, also participated in the plot. Lead prosecutor Joseph Hartzler says: “The indictment mentions unknown co-conspirators. We will try to determine if there are others who aided and abetted this crime.” After the indictments are handed down, Attorney General Janet Reno says: “We will pursue every lead based on the evidence.… [M]ost of these leads have been pursued and exhausted.… [W]e have charged everyone involved that we have evidence of at this point.” Prosecutors say that while others may well have been involved, the plot was closely held between McVeigh and Nichols. US Attorney Patrick Ryan has already announced he will seek the death penalty against both McVeigh and Nichols (see July 11-13, 1995), a decision supported by Reno (see 4:00 p.m., April 19, 1995). A third conspirator, Michael Fortier, has pled guilty to lesser crimes regarding his involvement; Fortier has testified against McVeigh and Nichols in return for the lesser charges (see May 19, 1995 and August 8, 1995), and defense lawyers are expected to assail Fortier’s credibility during the trials (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995). Nichols’s lawyer Michael Tigar says, “Terry Nichols is not guilty of the allegations of which he is charged,” calls the case against his client “flimsy” and “irresponsible,” and accuses prosecutors of attempting to try his client “in the national media.” Periodically, Tigar holds up hand-lettered signs reading, among other messages, “Terry Nichols Wasn’t There” and “A Fair Trial in a Fair Forum.” Prosecutors have dropped all charges against Nichols’s brother James Nichols, who was indicted on three related explosive charges (see December 22 or 23, 1988, April 25, 1995, and May 11, 1995). US Attorney Saul A. Green says that “additional investigation failed to corroborate some of the important evidence on which the government initially relied.” [Washington Post, 8/11/1995; New York Times, 8/11/1995; Stickney, 1996, pp. 189-191; Mickolus and Simmons, 6/1997, pp. 811; Washington Post, 12/24/1997; Serrano, 1998, pp. 245; Douglas O. Linder, 2001] McVeigh’s lawyer, Stephen Jones, tells reporters after the hearing that he has been in contact with a man who, he says, told the government early in the fall of 1994 of plans to blow up federal buildings. This man, Jones says, was given a “letter of immunity” by the authorities in exchange for information involving a trip he had taken to Kingman, Arizona, Fortier’s hometown, and for information about his discussions with potential bombers whom, Jones says, the man had described as either “Latin American or Arab.” Jones refuses to identify the person to whom he is referring. [New York Times, 8/11/1995]
Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Geary State Fishing Lake And Wildlife Area, Cynthia Campbell-Brown, Alan Whicher, Stephen Jones, Donald Leonard, Claude Madearis, Roger E. (“Bob”) Moore, Saul A. Green, Paul Broxterman, Paul Douglas Ice, Janet Reno, James Nichols, Kenneth McCullough, Joseph H. Hartzler, Michael Joseph Fortier, Patrick M. Ryan, Mickey Maroney, Michael E. Tigar
Timeline Tags: US Domestic Terrorism
Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995) and his accused co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995) plead not guilty to eight federal charges of murder and three conspiracy charges associated with the bombing. Each of the 11 counts could earn the two the death penalty if they are convicted. The two men appear separately in the Oklahoma City Federal District Courthouse. McVeigh, wearing a blue sport coat, a blue open-neck shirt, khaki trousers and polished brown shoes, and standing in a military at-ease position, tells federal magistrate Ronald Howland, “Sir, I plead not guilty.” After McVeigh is taken out, Nichols is brought into Howland’s presence; he tells the magistrate, “Your Honor, I am innocent.” [New York Times, 8/16/1995]
Evidence in the case against accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) indicates that McVeigh was inspired largely by two books: a well-known favorite among white supremacists, the William Pierce novel The Turner Diaries (see 1978) and a second non-fiction book, Armed and Dangerous: The Rise of the Survivalist Right, by Chicago Tribune reporter James Coates. Coates wrote the book to warn against the dangers of far-right militia groups. McVeigh also drew inspiration for the bombing from the exploits of The Order, a far-right organization that staged armored car robberies (see April 19-23, 1984), murdered progressive radio host Alan Berg (see June 18, 1984 and After), and finally ceased operations when federal authorities killed its leader, Robert Jay Mathews, in a fiery shootout (see December 8, 1984). The Coates book, checked out from a library in Kingman, Arizona, by McVeigh, was found among other evidence seized from the Kansas home of his co-conspirator, Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995). A Kingman librarian says the book has been overdue for so long that it was purged from the library’s computer database. A person closely involved in the case tells a reporter that McVeigh had cited Chapter 2 of the Coates book, which describes how The Order grew from a small collection of bumblers into a heavily armed, well-financed terrorist cadre that used the proceeds of crimes to funnel hundreds of thousands of dollars to other far-right groups and buy land, guns, vehicles, and guard dogs. As for The Turner Diaries, a person involved in the case calls it McVeigh’s “Bible.” The Order viewed the Pierce novel as required reading, and used the exploits of the white supremacists in it to inspire and guide their own criminal activities. The Oklahoma City bombing closely mirrors the bombing of FBI headquarters in the Pierce novel; in the book, white revolutionaries use a truck filled with an explosive combination of fertilizer and fuel oil to destroy the building. The book calls the FBI bombing “propaganda of the deed,” an exemplary act meant to inspire others to strike their own blows. The McVeigh and Nichols indictments cite the two books, along with a prepaid telephone card issued by The Spotlight, an anti-Semitic newspaper issued by the white supremacist Liberty Lobby (see August 1994). According to Nichols’s defense team, Nichols had withdrawn from the bomb plot in March 1995 (see March 1995 and May 25 - June 2, 1995), and McVeigh showed close friends the copy of the Coates book, directing them to read the chapter on The Order, in what they say was an attempt to solicit others to help him carry out the bomb plot. [New York Times, 8/21/1995]
Prosecutors in the Oklahoma City bombing investigation (see 8:35 a.m. - 9:02 a.m. April 19, 1995) consider using an obscure charge, “misprison of felony,” to force others who may have knowledge of the bombing plot to come forward. Investigators are sure that only two men, Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), are primarily responsible for the bombing. However, they suspect that a number of friends and associates of the two men may have known something of the bombing plot before it was carried out. If someone did know of the plot, and failed to warn authorities beforehand, the charge may apply. One person close to McVeigh, state witness Michael Fortier (see August 8, 1995), faces the charge. The charge brings a three-year prison sentence and a $500 fine upon conviction. One person of interest is the alleged associate of McVeigh and Nichols who they believe actually carried out a November 1994 robbery in Arkansas (see November 5, 1994); the proceeds from that robbery were used to fund the bombing. Press reports say that while the FBI believes it knows who the robber is, the bureau lacks the evidence to bring charges. The question of the unidentified severed leg found in the rubble of the destroyed Murrah Federal Building (see August 7, 1995) also indicates that others may have been involved in the bombing. And investigators say they want to know more about a small trailer hitched to the Ryder truck McVeigh used to transport the bomb to Oklahoma City (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Former federal prosecutor Robert G. McCampbell says charging friends or acquaintances of suspects with misprision of felony would be highly unusual: “It is exceedingly rare that a charge of misprision of felony would be brought, but not unheard of,” he says. “But in a case of overwhelming importance, maybe you prosecute it.” Legal experts also believe that investigators may use the threat of the charge to compel cooperation. New York defense lawyer Michael Kennedy, who has represented Mafia members, says: “When the government casts this net, they’re saying, ‘We want to get everybody who knew about this.’ Their hope, in this regard, is that people will read about this, say to themselves, ‘I knew about it, and if I don’t come forward, it will be too late for me to improve my position.’ They hope that some others will come forward.… They say, ‘Tell us what you know, or we’re going to nail you.’ They attempt, by dint of their force, to make the guy come forward to tell what he knew.” Former New York Police Commissioner Raymond W. Kelly, who oversaw the 1993 World Trade Center bombing investigation (see February 26, 1993), says, “It’s a standard investigative technique.” The threat of such charges “gets a very strong message out” to “prevent further acts like that.” [New York Times, 8/29/1995]
Lawyers for Terry Nichols, accused of conspiring with Timothy McVeigh to bomb a federal building in Oklahoma City (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), say that the government’s case against Nichols is built on a series of innocent coincidences, and accuse the FBI of unfairly pressuring Nichols’s family for information. Nichols’s lawyer Michael Tigar and others on the defense team meet with US Attorney Patrick Ryan and Justice Department officials to argue that the government should not seek the death penalty against their client (see July 11-13, 1995). After the closed-door meeting, Tigar tells reporters that the FBI improperly recorded over 20 conversations Nichols had, including telephone conversations with his wife and mother, after his arrest (see 3:15 p.m. and After, April 21-22, 1995). “We’ve already seen the results of the government’s search warrants, the many tape-recorded conversations that were surreptitiously recorded without his knowledge,” Tigar says. “In short, we’ve seen it all. And we didn’t see anything in there that says the government has evidence that Terry Nichols did this.” Nichols, Tigar says, is an innocent victim of circumstance.
'Reasonable' Explanations - Tigar says that Nichols has reasonable explanations for using false names to rent two storage units in Kansas in the months before the bombing. According to these explanations, Nichols left his job as a farm worker in Marion, Kansas, on September 30, 1994 (see (September 30, 1994)), and had nowhere to live. He needed somewhere to store his household goods until he could find another place to live. He stored some of his goods in a storage unit rented under the alias “Shawn Rivers”; though authorities say Nichols rented the storage unit under the alias, Nichols says that McVeigh rented the unit (see September 22, 1994; Nichols may have rented a separate unit for his goods). Nichols kept his furniture and other items in that locker until October, when he rented two units in Council Grove, Kansas, under the names “Joe Kyle” (see October 17, 1994) and “Ted Parker” (see November 7, 1994). Nichols, according to Tigar, used the false names because he had an outstanding civil judgment on his credit card debts and wanted to prevent seizure of his possessions. Tigar also has an alternate explanation for a letter Nichols left behind him when he traveled to the Philippines (see November 5, 1994 - Early January 1995): the letter, which was to be opened only in the case of Nichols’s death, instructed McVeigh to clean everything out of one unit and liquidate the other. But Nichols’s lawyers now say these instructions contained an additional phrase, not previously disclosed by the government: “or you will have to pay extra months rent.” Nichols, according to Tigar, wanted McVeigh to sell his goods and give the proceeds to his family if for some reason he did not return from the Philippines. Instead, Nichols removed the goods from the unit when he bought a house in Herington, Kansas, in early 1995 (see (February 20, 1995)). Tigar says that Nichols had grown disaffected with McVeigh, and the more he learned of McVeigh’s proclivity towards violence, the less he wanted to have dealings with him. Nichols wanted to go into business as a gun dealer for himself, Tigar says: He had business cards and mailing labels printed in his own name, rented a mailbox under his name, registered with the state of Kansas so he could collect sales tax, and bought a license plate and insurance for his truck (see May 25 - June 2, 1995). Everything found in Nichols’s home and garage, Tigar claims, was for use in Nichols’s business. The fuel meter found in Nichols’s home, described by investigators as a device that “could be used to obtain the proper volume of diesel fuel to ammonium nitrate for a bomb,” did not work, Tigar says, and could not have been used to mix bomb ingredients. The anti-tank rocket found in Nichols’s home was, Tigar claims, an empty throw-away tube that such a rocket is packed in. The bags of fertilizer in the house were to be divided for resale in 8- and 24-ounce bottles at gun shows. The diesel fuel he bought in the days before the bombing (see April 15-16, 1995) was to fuel the diesel pickup truck he used to drive to Oklahoma City and pick up McVeigh (see April 16-17, 1995). The plastic barrels found on Nichols’s property are often used for storage and are thusly unremarkable. [New York Times, 9/7/1995; PBS Frontline, 1/22/1996]
Unreasonable Pressure - Tigar says that the pressure brought to bear on Nichols’s family members was improper and unreasonable. “To lie to Terry Nichols’s mother and say he’s not cooperating, and then to take her to the FBI office and record her as she talks to her son, I think is an outrage,” Tigar says. “To hold his wife for 34 days incommunicado and to tell her that the only way out for her husband is if she calls him up and reads to him a script written by FBI agents, I think is an outrage. Then to send his wife a Mother’s Day card signed by FBI agents saying they’re her only friends in the world and saying she should call the Kansas City field office if she ever needs to cry. What in the world are we coming to here?” The FBI also sent a Mother’s Day card to Nichols’s mother, Joyce Wilt of Lapeer, Michigan. Tigar gives reporters a copy of that card, which reads: “Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We are all here for you. If you are ever lonely, if you ever want to talk. If you ever want to cry, just call us. You are very special to us. You are a young girl caught up in something you don’t deserve to be in. We’re on your side. Think only about yourself and your kids.” [New York Times, 9/7/1995; Associated Press, 7/2/2005]
Anti-government extremist Charles Ray Polk is indicted by a federal grand jury for plotting to blow up the Internal Revenue Service building in Austin, Texas. When Polk was arrested, he was trying to buy plastic explosives to add to an enormous arsenal he had already amassed. Polk will be convicted and sentenced to 21 years in federal prison, though an appeals court will shave five years from his term. [Southern Poverty Law Center, 6/2001; Anti-Defamation League, 2011]
The Washington Post prints the Unabomber’s “manifesto” in an eight-page supplement. It is a 35,000-word document manually typed on 56 single-spaced pages (not including 11 pages of footnotes), largely about the dangers and ills of technology. [BBC, 11/12/1987; Washington Post, 4/13/1996; Washington Post, 1998; Newseum, 2011] It is published in cooperation with the New York Times. According to the Post, the document rails against modern society and technology, and explains something of the bomber’s rationale for his 17-year bombing spree. “In order to get our message before the public with some chance of making a lasting impression, we’ve had to kill people,” the author writes. He also admits to killing advertising executive Thomas Mosser (see December 10, 1994), and blames the firm Mosser worked for, Burson-Marstellar, for working with Exxon to minimize the public criticism the corporation received after the Exxon Valdez spill: “We blew up Thomas Mosser last December because he was a Burston-Marsteller executive,” the letter reads. The author represents himself as one of a group of anarchists he calls “FC,” and also misspells the name of the firm. [Washington Post, 4/13/1996] “FC” will later be found to stand for “Freedom Club.” [Washington Post, 1/23/1998]
Publish Manifesto or Suffer More Bombings, Unabomber Writes - The Post is following the directive made months before to the New York Times that the bomber, or the group he claims to represent, will stop his bombing spree if a national publication prints his article (see April 24, 1995). The manifesto will lead to the identification of the Unabomber as former college professor Theodore “Ted” Kaczynski (see April 3, 1996). Kaczynski’s sister-in-law Linda Patrik reads the manifesto in the International Herald Tribune and tells her husband David Kaczynski that she believes the manifesto could have been written by his brother. David Kaczynski reads the manifesto and agrees; he will, reluctantly, inform the FBI that it should consider his brother a suspect. [KSPR-TV, 2011]
Manifesto: Industry and Technology Must Be Destroyed to Save Humanity - Kaczynski’s manuscript is entitled “Industrial Society and Its Future.” (Throughout the manuscript, Kaczynski maintains the fiction that a group of people—“we”—are responsible for the document.) He calls industry and technology “a disaster for the human race,” claiming that they have “destabilized society… made life unfulfilling… subjected human beings to indignities… led to widespread psychological suffering (in the Third World to physical suffering as well) and… inflicted severe damage on the natural world.” The only way to save humanity, he writes, is for industry and technology to “break down.” He advocates “a revolution against the industrial system,” which “may or may not make use of violence.” He says he does not advocate a political revolution, and does not advocate the overthrow of governments, but instead “the economic and technological basis of the present society.”
'Leftists' 'Hate America,' 'Western Civilization,' and 'White Males' - Kaczynski bemoans the “feelings of inferiority” and “oversocialization” he attributes to the people he calls “leftists,” and says the “minority” of left-leaning “activists” and “feminists… hate anything that has an image of being strong, good, and successful. They hate America, they hate Western civilization, they hate white males, they hate rationality. The reasons that leftists give for hating the West, etc. clearly do not correspond with their real motives. They SAY they hate the West because it is warlike, imperialistic, sexist, ethnocentric, and so forth, but where these same faults appear in socialist countries or in primitive cultures, the leftist finds excuses for them, or at best he GRUDGINGLY admits that they exist; whereas he ENTHUSIASTICALLY points out (and often greatly exaggerates) these faults where they appear in Western civilization. Thus it is clear that these faults are not the leftist’s real motive for hating America and the West. He hates America and the West because they are strong and successful.… The leftist is anti-individualistic, pro-collectivist. He wants society to solve everyone’s problems for them, satisfy everyone’s needs for them, take care of them. He is not the sort of person who has an inner sense of confidence in his ability to solve his own problems and satisfy his own needs. The leftist is antagonistic to the concept of competition because, deep inside, he feels like a loser.” “Leftists” prefer “sordid” art forms that celebrate either “defeat and despair” or debauchery and depravity, Kaczynski writes. Ultimately, they are masochistic and self-hating, he claims. They are ruled by moral relativism, and have no real ethical or moral stance, though they pretend to such. “If our society had no social problems at all,” Kaczynski writes, “the leftists would have to INVENT problems in order to provide themselves with an excuse for making a fuss.”
Conservatives 'Fools' for Embracing Technology as Well as 'Traditional Values' - Kaczynski says that industry and technology do not cause society’s problems, but they exacerbate and intensify those problems. In a technological society, people are forced to live in ways nature and evolution never intended. In this section, he turns from lambasting “leftists” to calling conservatives “fools,” writing: “They whine about the decay of traditional values, yet they enthusiastically support technological progress and economic growth. Apparently it never occurs to them that you can’t make rapid, drastic changes in the technology and the economy of a society without causing rapid changes in all other aspects of the society as well, and that such rapid changes inevitably break down traditional values.”
Revolution 'Easier than Reform' - After a long analysis of a variety of social ills and behaviors, Kaczynski writes that modern industrial/technological society as we know it cannot be reformed, only destroyed and rebuilt. It is specious, he maintains, to believe that “bad” parts of technology can be eliminated while retaining the “good” parts. Moreover, he claims, technology is a more powerful social force than humanity’s aspirations for freedom. “The only way out,” he concludes, “is to dispense with the industrial-technological system altogether. This implies revolution, not necessarily an armed uprising, but certainly a radical and fundamental change in the nature of society.” Leftists, he writes, must not be part of any such revolution, because of their tendencies towards collectivization and totalitarianism, their love of technology, and their lust for power. Only anarchists, who desire to exist on an individual or small-group basis, can effectively carry out this level of social change. [Kaczynski, 1995]
A typical ‘LeRoy check,’ issued on a fraudulent lien. [Source: Anti-Defamation League]Montana Freemen leaders LeRoy Schweitzer, Rodney Skurdal (see 1993-1994 and May 1995), and others leave Skurdal’s Roundup, Montana, log cabin at night (see 1983-1995) in an armed convoy, and “occupy” the foreclosed ranch of Freeman Ralph Clark (see 1980s-1994) north of Jordan, Montana. The group renames the ranch “Justus Township.” Skurdal and the Freemen had named Skurdal’s two-story cabin and his 20 acres of land “Redemption Township.” In the ensuing months, people from around the area come to the ranch to take “classes” on their common law theories and check-kiting schemes, learning of the classes through ads in militia newsletters and displayed at gun shows. Federal authorities, fearing violence (see April 19, 1993), decide not to hinder the occupation. The “township” has its own laws, court, and officials; Clark is the “marshal” of Justus, and others serve on its court. [Chicago Tribune, 4/19/1996; Mark Pitcavage, 5/6/1996; New York Times, 5/29/1996; Billings Gazette, 3/25/2006] The “classes” teach what the Southern Poverty Law Center will call a “peculiar combination of common law ideology and break-the-bank schemes.” The Freemen accept pupils in groups of 25, charging varying fees per participant. “We are the new Federal Reserve,” Schweitzer tells one group. “We are competing with the Federal Reserve—and we have every authority to do it.” Many people who try to put the Freemen’s teachings into practice, such as common law ideologue Ron Griesacker, will claim to have attended “a school of learning” with Schweitzer before setting up “common law courts” in Kansas. Griesacker will be charged with fraud and conspiracy, as will others who attempt to set up “common law courts.” The Freemen teachings will continue to propagate for years, and banks across the region will be plagued with “Freemen checks” [Mark Pitcavage, 5/6/1996; Southern Poverty Law Center, 4/1998] , which locals call “LeRoy checks.” (Most area businesses have learned to demand cash-only payments from known Freemen.) One favorite trick is to issue a fake check to pay for merchandise, write the check for much more than the cost of the merchandise, then demand immediate cash refunds of the difference. A template letter included in a seminar packet reads in part, “You will be billed monthly for the principal, plus 18 percent per year for the balance due if you refuse to send refund.” Paul Dinsmore, a local radio station host who will say he attends “about a dozen” seminars, will comment: “They have set up a complete mirror image of the banking system. It’s a scheme for them to live high on the hog.” One Montana government official calls the Freemen scheme “paper terrorism.” [New York Times, 5/29/1996] Skurdal will be incensed when federal authorities auction his cabin and property for his failure to pay back taxes. [Chicago Tribune, 4/19/1996]
M. Elizabeth Broderick, a Palmdale, California, resident, becomes one of the biggest perpetrators of the Montana Freemen’s fraudulent “lien schemes” (see 1993-1994). Broderick, who was convicted of running a pyramid scheme in Colorado, attends a seminar at the Freemen’s “Justus Township” (see September 28, 1995 and After). She begins holding her own seminars in California, where she teaches the Freemen’s methods of distributing bogus checks and issuing fraudulent liens. Her seminars, which cost $125 to attend, regularly draw over 300 participants, and she employs 30 staffers. One supporter tells a reporter that her schemes are “based on common law and God’s laws. A sheriff in full dress uniform came in and said everything was true.” Federal officials later claim that Broderick has written more than $30 million worth of fraudulent checks; later still, the figure is revised upward to over $100 million. Broderick regularly sports a button that reads “Lien Queen,” and tells her students that her checks are accepted around 50 percent of the time. In early 1996, she tells a reporter that her liens caused Orange County, California, to go into bankruptcy. She estimates that she has some $1.18 billion in liens against California; she allows her seminar participants to write checks on those liens. She also has liens on the federal government. “Many, many mortgages, many, many car loans have been paid off,” she tells one reporter. “And I’m proud to say that it works as long as the feds don’t get in the way. That’s the only problem.” [Mark Pitcavage, 5/6/1996] In 1997, Broderick will be convicted of multiple felonies and sentenced to 16 years in prison (see March 1997).
An “umbrella” militia organization called the Tri-States Militia holds an organizing meeting. Group founder John Parsons, a South Dakota militia figure, tells the assembled militia members, “There is a thunder rolling across this country, and what you’re looking at is the lightning bolt in that thunder.” One of the Tri-States council members is Bradley Glover (see July 4-11, 1997). Part of the meeting is open to the press; Glover tells reporters: “We have two arms. The political side and the military side. We hope the political approach will solve our country’s problems, but if the situation deteriorates to the point where they deny our political efforts then we have the other side.” He tells the reporters that militias are little more than the “original neighborhood watch.” But one attendee at the meeting, recalling Glover’s statements in the portion of the meeting closed to the press, will call him a “crazy and dangerous” person who tried to push others into overt action at the meeting. Glover and other Tri-States members do not know that Parsons is a paid FBI informant who is earning $1,800 a month to run the Tri-States “National Information Center.” After members learn of Parsons’s FBI connections during the bombing conspiracy trial of militia leader Willie Ray Lampley (see November 9, 1995), the organization dissolves, with members accusing each other of a variety of crimes. Alabama militiaman Mike Vanderboegh accuses Glover of being an “agent provocateur,” paid by the government to encourage “patriots” to commit illegal acts and bring law enforcement down upon them. Vanderboegh says Glover “was tossed out of the organization for scaring little old ladies on patriot shortwave with tales of millions of jabbering communists poised to invade from Mexico… his mental health was the subject of intense and frequent debate during his association with Tri-States, and from personal observation I would say that he is either looney tunes or crazy like a fox.… It would be fair to say that he is an unstable personality with paranoid ideations [sic]. He started out with a pretty fair constitutional militia unit in Kansas, but his inherent instability caused most of his troops to vote with their feet to other, more responsible commanders (i.e., non-nutburgers that didn’t propose to START a war). Glover has a serious John Brown complex and has spoken of sparking the second American Civil War. He just can’t seem to figure out where Harper’s Ferry is at.” With his credibility among “mainstream” militia members in question, Glover will begin associating with more radical, violence-prone anti-government extremists. [Mark Pitcavage, 1997]
The US Marshals sell the foreclosed Montana ranch of farmer Ralph Clark for the Farmers Home Administration (FHA). Clark’s ranch has been occupied by the anti-government Freemen (see 1993-1994) and declared an independent “township” (see September 28, 1995 and After). The Freemen choose not to leave the ranch, though it now belongs to a local farmer. [Billings Gazette, 3/25/2006]
Saboteurs derail an Amtrak passenger train, the Sunset Limited, near Hyder, Arizona. A rail joint bar supporting a section of track over a 30-foot ravine is removed; sensors should have triggered an alarm, but the saboteurs wired the track so that the signal remained green and the crew would not be warned. Amtrak employee Mitchell Bates is killed and 78 others are injured in the resulting wreck. An anti-government message, signed by the “Sons of Gestapo,” is left behind. The letter, titled “Indictment of the ATF [Bureau of Alcohol, Tobacco, and Firearms] and FBI,” begins with a poem referencing the Branch Davidian siege (see March 1, 1993 and April 19, 1993), and concludes: “Who is policing the ATF, FBI, state troopers, county sheriffs, and local police? What federal law enforcement agency investigates each and every choke hold killing committed by a police officer? Each and every beating of a drunk wether [sic] or not a passerby videotapes it? Each and every shooting of a police officer’s wife who knows too much about drug kickbacks? Each and every killing at Ruby Ridge (see August 31, 1992)? The Gestapo accounts to no one. This is not Nazi Germany. All these people had rights. It is time for an independent federal agency to police the law enforcement agencies and other government employees. Sons of the Gestapo SOG.” Maricopa County Sheriff Joe Arpaio terms the derailment a “domestic terrorism” incident. Joe Roy of the Southern Poverty Law Center’s Klanwatch says his organization has no information on the “Sons of Gestapo.” Roy tells a reporter that it could be a local group, or “this could be Fred the farmer who’s mad at Amtrak for cutting across his land.… It very well could be some disgruntled individual who’s trying to blame it on the militias.” [CNN, 10/10/1995; New York Times, 10/11/1995; Associated Press, 10/14/1995; Southern Poverty Law Center, 6/2001] President Clinton says he is “profoundly outraged” by the attack and promises the government will “get to the bottom” of it and punish those responsible. [CNN, 10/10/1995] However, the perpetrators are never caught. [Southern Poverty Law Center, 6/2001]
Entity Tags: Joe Roy, William Jefferson (“Bill”) Clinton, Mitchell Bates, Joe Arpaio, Federal Bureau of Investigation, Amtrak, Southern Poverty Law Center, Sons of Gestapo, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: US Domestic Terrorism
In a letter to US Attorney Patrick Ryan, Attorney General Janet Reno authorizes prosecutors to seek the death penalty against indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 4:00 p.m., April 19, 1995, July 11-13, 1995, and August 10, 1995). The prosecutors promptly inform the federal court in Oklahoma City that they will do just that. Reno overrides protests from defense lawyers asking her to disqualify herself from the proceedings; McVeigh’s lawyer, Stephen Jones, told reporters that Reno and President Clinton both said “they would seek the death penalty before they even knew who the defendants were. We will mount our attack on the obvious prejudgment of the case.” Ryan says the prosecution will seek the death penalty on four of the counts lodged against McVeigh and Nichols: first-degree murder, conspiring to use a weapon of mass destruction with death resulting, using an explosive to destroy government property with death resulting, and using a weapon of mass destruction with death resulting. He says “aggravating factors” include the maiming, disfigurement, and other injuries inflicted on many individuals and the involvement of both defendants in “acts of burglary, robbery, and theft to finance and otherwise facilitate” the bombing. Governor Frank Keating (R-OK) approves of the decision, and recently said in an interview that it was not at all unusual “to see the president and the attorney general express their outrage” when they did. “This was an enormous national tragedy of titanic proportions,” Keating said. “The question is, are these [McVeigh and Nichols] the people who did it? If not, we need to find those who did.… But we want whoever did this to be prosecuted, convicted, and executed.” [New York Times, 8/21/1995; Washington Post, 10/21/1995; Douglas O. Linder, 2001] Jones refused to take part in the panel discussions over the use of the death penalty, calling them a fraud and a sham, and saying that the process should not have been conducted by the Justice Department. [Stickney, 1996, pp. 253]
A Texas jury awards Dr. Norman Tompkins and his wife Carolyn damages of $8.6 million, in a lawsuit the couple filed against anti-abortion activists. The organizations Operation Rescue, Missionaries to the Pre-Born, and the Dallas chapter of the Pro-Life Action Network (PLAN—see 1980 and 1986) were found liable in over 10 months of harassment against the couple. During that time, anti-abortion activists picketed the family’s home and offices; followed them to social events, church, and elsewhere; distributed fliers calling Tompkins a murderer; and were overheard by neighbors talking about shooting Tompkins. They left frequent anonymous threats on the family’s answering machine; one such message said in part: “I’m going to cut your wife’s liver out and make you eat it. Then I’m going to cut your head off.” Dr. Tompkins, an obstetrician/gynecologist, eventually quit his practice and the couple moved from their Dallas home. The defendants are liable for $3.6 million in punitive damages, $2.25 million for intentionally inflicting emotional distress, and $2.8 million for invading the Tompkins’ privacy. [Newport News Daily Press, 10/29/1995; National Organization for Women, 1/1996; Sarah Jones, 10/20/2010]
Hoppy Heidelberg. [Source: Digital Style Designs]Prosecutors in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) say that the recent dismissal of juror Hoppy Heidelberg from the investigation’s federal grand jury does not warrant throwing out indictments against the two suspects, Timothy McVeigh and Terry Nichols. Heidelberg was dismissed from the jury after disclosing information about the jury deliberations with Lawrence Myers, a reporter from Media Bypass, a magazine with ties to paramilitary groups. He also spoke to a reporter from the Daily Oklahoman. Heidelberg. a horse breeder from Blanchard, Oklahoma, told the reporters that prosecutors did not present enough evidence concerning the possibility of a larger conspiracy, and that they refused grand jury requests to interview witnesses and ask questions about such a larger conspiracy. Heidelberg may face contempt charges, as jurors are legally prohibited from revealing details of the cases they hear. Special US Attorney Sean Connelly calls Heidelberg’s concerns part of “his own conspiracy theories that predated this crime by decades.” Transcriptions from the magazine also show that Myers exaggerated and inflated Heidelberg’s complaints in the article. Heidelberg does not contend that the indictments of McVeigh and Nichols are unwarranted, though he says that he and other members of the grand jury are suspicious of the government’s case. Defense lawyers have asked that their clients have charges against them dropped because of what they call “prosecutorial misconduct” surrounding Heidelberg’s actions. Asked by reporters about charges that he is a conspiracy theorist, Heidelberg laughs and responds: “The people that know me know better. The people that don’t are going to have to wait to decide.” [New York Times, 10/14/1995; United States District Court, Western District of Oklahoma, 10/24/1995; Associated Press, 11/1/1995; Stickney, 1996, pp. 255] Heidelberg will later win a certain degree of fame as a “9/11 truther,” one of a group of theorists that believe the US government orchestrated the 9/11 attacks, or at the least were complicit in them. The article discussing Heidelberg will also cite theories saying that two separate explosions struck the Murrah Building (see After 9:02 a.m. April 19, 1995) and that an Oklahoma City police officer, Terry Yeakey, was “suicided,” i.e. murdered in a manner that appeared to be a suicide, after supposedly beginning to “express his concerns” that the government was hiding evidence of its collusion in the bombing. Yeakey’s death is one of a “slew of deaths” that have supposedly occurred to cover up the government’s role in the bombing, according to Heidelberg. Heidelberg will also release a video “proving” that the grand jury “was manipulated and obstructed” by the government. [Wendy Bird, 6/10/2008; Wide Eye Cinema, 2011]
Magistrate Ronald Howland, presiding over the preliminary matters in the upcoming trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), unseals nine documents in response to petitions from news organizations. One of these documents says two witnesses saw a man they believed to be McVeigh and another person leave the scene of the bombing shortly before the April 19 attack. The document is an affidavit that is part of a search warrant. Another document says that McVeigh was carrying a pamphlet with a quote from 17th-century philosopher John Locke when he was arrested (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). The quote reads: “I have no reason to suppose that he who would take away my liberty would not when he had men in his power take away everything else. And therefore it is lawful for me to treat him as one who has put himself in a state of war against me and kill him if I can.” [Reuters, 11/6/1995]
Oklahoma Constitutional Militia leader Willie Ray Lampley, his wife, and another man are arrested as they prepare explosives to bomb numerous targets, including the Southern Poverty Law Center in Montgomery, Alabama. The three, along with a fourth suspect later arrested, will be convicted and sentenced to terms of up to 11 years. [Southern Poverty Law Center, 6/2001]
Dr. Hugh Short, an Ancaster, Ontario, physician and abortion provider, is shot while watching television in his home. The bullet is fired through a second-floor window and shatters his elbow. [Washington Post, 1998] Anti-abortion advocate James Kopp will later be named as a suspect in Short’s shooting (see March 29, 2001).
British National Party logo. [Source: The Huntsman (.com)]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), travels to London to address the white nationalist British National Party (BNP). Pierce and BNP leader John Tyndall have a long friendship and alliance. Some 150 neo-Nazis attend the meeting and begin chanting, “Free the Order!” apparently in reference to the members of the violent American white supremacist group The Order (see Late September 1983 and September 9 - December 30, 1985). After this visit, Pierce is officially banned from England. [Center for New Community, 8/2002 ]
Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), says his client will not use an insanity defense when he goes on trial. “The psychiatric and psychological evaluations aren’t 100 percent completed, but from what we know at this point we have no reason to assert a mental defect,” Jones tells reporters. “He’s as sane as any lawyer or reporter.” McVeigh has been pronounced competent by Dr. Seymour Halleck, a University of North Carolina psychiatrist hired by Jones. McVeigh is also being examined by other experts. “There is no mental defect,” Jones tells an audience at the University of Oklahoma, an audience that includes reporters from the Daily Oklahoman. “We’re not pleading insanity, incompetency, or anything like that. It’s a straight, factual defense. I have said he would testify. That’s the present plan.” Jones also accuses Clinton administration members of pushing for a quick conviction and execution before the 1996 presidential election. “This offers [those in] the Clinton administration the opportunity to prove themselves or attempt to prove themselves as tough on crime,” Jones says. In 1996, author and reporter Brandon M. Stickney will write that some of Jones’s comments during the speech seem to mirror McVeigh’s own conspiratorial, anti-government thinking. [Chicago Sun-Times, 11/17/1995; Stickney, 1996, pp. 258-260]
Robert Nigh Jr. [Source: Associated Press]Defense lawyers for accused Oklahoma City bombers Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and July 11-13, 1995) ask that their clients’ trials be moved from Oklahoma due to intense media coverage from the bombing. The lawyers say that the media coverage has irredeemably tainted the jury pool. Oklahoma citizens are too close to the case, the lawyers argue, for either McVeigh or Nichols to receive a fair trial. The case is currently slated to be tried in Lawton, Oklahoma, some 85 miles away from Oklahoma City. One of McVeigh’s lawyers, Robert Nigh Jr., says: “We do not question for a moment that the people of Lawton or the people of Oklahoma are as fair as people anywhere in the country. They are simply too close in this case to determine the facts objectively.” Polls administered by two Houston researchers show that Lawton residents are far more familiar with the details of the case than residents of two other cities, Albuquerque and Kansas City, Kansas, and care more deeply about the case. All three cities are part of the Tenth Circuit. The polls say that almost half of Lawton residents have formed an opinion as to the guilt or innocence of McVeigh, and 96 percent of them believe him to be guilty. The numbers for Nichols are 30 percent and 90 percent, respectively. McVeigh’s lawyers state in a court filing: “The fevered passion of the community of Oklahoma has been escalated by local news reports concerning the case. Timothy McVeigh has been tried, convicted, and sentenced to death by the media in Oklahoma.” [New York Times, 11/22/1995; Fox News, 4/13/2005] The trial will be moved to Denver, Colorado (see February 20, 1996).
The Montana Freemen, increasingly isolated in their “Justus Township” hideaway (see September 28, 1995 and After), become disenchanted with their former friends, the Montana Militia (sometimes called the Militia of Montana, or MOM—see January 1, 1994). They even put a bounty on the head of Montana Militia founder John Trochmann (see February - March 1995). The Militia later says that the Freemen leaders are not entirely stable. “We’ve pretty much washed our hands of them,” MOM leader Randy Trochmann will say. [Mark Pitcavage, 5/6/1996]
Congress passes H.R. 1833, a bill that outlaws a specific type of abortion known as intact dilation and extraction, a procedure often performed during the third and final trimester of a pregnancy due to medical complications. One of the bill’s sponsors, Representative Charles Canady (R-FL), inaccurately calls the procedure “partial-birth abortion,” and the moniker is widely adopted by anti-abortion advocates. The American College of Obstetricians and Gynecologists and other medical organizations object to the nickname, calling it inaccurate and potentially inflammatory. [American College of Obstetricians and Gynecologists, 9/22/2006; CBS News, 4/19/2007] President Clinton will successfully veto the bill (see April 1996).
The cover of Conway and Siegelman’s book ‘Snapping.’ [Source: aLibris (.com)]In their book Snapping: America’s Epidemic of Sudden Personality Change, authors Flo Conway and Jim Siegelman write of their recent interviews with several law enforcement officials who dealt with various aspects of the Branch Davidian siege (see 5:00 A.M. - 9:30 A.M. February 28, 1993), the final tragic assault (see April 19, 1993), and the aftermath.
Former Deputy Attorney General Admits FBI Unprepared for Dealing with 'Cult' Behaviors - Former Deputy Attorney General Philip Heymann took his post on April 19, 1993, the day of the assault on the Davidian compound, and managed the Justice Department (DOJ) review of the siege and assault (see October 8, 1993). Heymann acknowledges that the FBI went into the siege unprepared to deal with a “cult,” as many label that particular group of the Branch Davidian sect, an offshoot of the Seventh-day Adventists Church. “The FBI was trained to deal with terrorists,” Heymann tells the authors, “but it wasn’t trained to deal with a religious group with a messianic leader. There was no precedent of the FBI’s handling such a situation and there had been no planning for one.” Heymann says he conducted the DOJ review less to assign blame than to help improve federal authorities’ future responses to situations like the Davidian confrontation, and even less connected situations such as the 1993 World Trade Center bombing (see February 26, 1993). “I wanted to see that we were organized in such a way that, if this situation came up again in any form, including an extreme Islamic fundamentalist group, we could understand how to think about them, how to talk to them, when to put pressure on and when not to put pressure on, all the things that go into negotiations,” Heymann says. He acknowledges that many DOJ and FBI officials are uncomfortable with the idea of cults and with the tactical changes dealing with such groups requires. “I hesitated to use any of those terms,” he says. “We tried to avoid labeling the group as a ‘cult’ suggesting crazies. There was a purposeful attempt to not give the group one label or another. The general understanding was that we were dealing with a, you know, a group that had passionate beliefs, that was extremely suspicious of the government.… We wanted to avoid having to dispute the people who, on the one side, treat groups like this as just another fundamentalist religion and, on the other, regard them as a dangerous form of mind control. I did not want to come down on one side or the other of that debate.” Conway and Siegelman believe that the FBI’s reluctance to deal with the “cult” aspect of the Davidians helped bring about the deaths of the Davidians on the final day of the siege. Heymann admits that many in the FBI and DOJ ignored or downplayed warnings that as a cult, the Davidians were prone to take unreasonable actions, such as hopeless confrontations with authorities and even mass suicide (see February 24-27, 1993, Around 4:00 p.m. February 28, 1993, March 5, 1993, March 7-8, 1993, March 12, 1993, (March 19, 1993), and March 23, 1993), and that some officials denied ever receiving those warnings after the final conflagration. “I think you have to assume that any organization after a result like this is going to try to play down their responsibility, but we ought to have picked that up in our report and I’m disappointed if we weren’t skeptical enough,” he says. He concludes: “I think we’re going to be prepared to confront any obvious illegality done in the name of religion. If someone commits a serious crime, like killing government agents, there’s no doubt that the government will be prepared to use force to make an arrest. But if they haven’t, if it’s a question of whether people have been brainwashed, I think you’ll continue to see the same history we’ve had for the last 20 or 30 years. We don’t really have any way of deciding whether brainwashing is holding someone against one’s will or not, or what to do about it.”
DOJ Assistant - Richard Scruggs, an assistant to the attorney general, worked with Heymann on the DOJ review, assembling the timeline of events of the siege. He recalls: “The AG [Attorney General Janet Reno] started here two weeks into the siege. I arrived two weeks later and, by that time, planning was already well underway to get the people out of the compound. After the fire, I was called in to try to figure out what the hell had happened. We did a thousand interviews. We got every piece of the story from everyone’s perspective.” He discusses the array of evidence and opinions the DOJ received concerning the reaction the Davidians were likely to have to the increasingly harsh and aggressive tactics mounted by the FBI during the siege. “The whole issue of suicide and the psychological makeup of Koresh and his followers was obviously something we looked into,” Scruggs says. “The bureau [FBI] sought dozens of expert opinions and many more were offered. There were literally hundreds of people calling in with advice, not just people off the street but people from recognized institutes and universities. The result was that FBI commanders, both in Waco and in Washington, had so many opinions, ranging from ‘they’ll commit suicide as soon as you make any move at all’ to ‘they’ll never commit suicide,’ that it really allowed them to pick whichever experts confirmed their own point of view. The experts FBI officials judged to be the most accurate were those who said suicide was unlikely, which turned out to be wrong.” Scruggs acknowledges that Reno was not given examples of all the opinions expressed, saying, “She only got the no-suicide opinion.” He insists that Reno was aware of the possibility of suicide, and offers two possible explanations as to why the FBI officials only gave her selected and slanted information (see April 17-18, 1993). “My first impression was that someone made a conscious decision to keep this information away from the AG,” he says. “It certainly looked that way. On the other hand, sometimes these things just happen, one decision leads to another, and nobody really thinks things through. I think the people who were putting together the material truly believed there was a low chance of suicide and then simply picked the materials that confirmed what they wanted to believe.” Scruggs acknowledges that DOJ and FBI officials ignored the warnings given by two FBI “profilers,” Peter Smerick and Mark Young (see March 3-4, 1993, March 7-8, 1993, and March 9, 1993). “Oh yes, absolutely,” he says. “Smerick and Young got wiped out by the on-site commander, who wanted a combination of negotiation and increasing pressure on the compound, the so-called ‘carrot-and-stick’ approach.” Scruggs, unlike Heymann and other government officials, says that the FBI “believes strongly in mind control, believe me.… There was a great debate going on in the bureau whether Koresh was a con man or whether he really thought he was some kind of messiah, but whichever he was there was no doubt that he was effectively controlling the rest of the people. Everybody assumed that.… Everybody believed he did it through some kind of brainwashing or mind control. We scrubbed the report of words like that, but the bureau used them. They fully understood that.” The mistake that was made during the siege was in believing that the increasingly aggressive “psywar” tactics used during the siege, even during the initial hours of the assault itself, was that “by making it very uncomfortable, they could overcome the control Koresh exercised over the rest and get out a large number of the women and children. They even used the phrase ‘the motherhood instinct.’”
Alternatives Considered and Rejected - But the options aside from assaulting the compound were in some ways worse. “The options were minimal. They could have killed Koresh—the Israelis couldn’t understand why he didn’t do that. The HRT had Koresh in their sights 50 times. They could have killed him and all his leaders and that would have been the end of it, but that was not an option. They looked into all kinds of other things. One official had heard rumors that the government had a secret weapon, like a laser weapon or sound weapon, that could vibrate people in some non-lethal way and get them out of there. We didn’t. We found out later there was a microwave weapon, but they couldn’t use it because it affected people differently based on their body size and weight. It didn’t do much to big people but it tended to cook little people.” Scruggs says that there was no “win” in any scenario they considered. “I’m not saying that mistakes weren’t made, because they were,” he says, “but I became firmly convinced in my own mind, after looking at this 16 hours a day for six months, that it was Koresh’s game. He was, in effect, controlling us no less than he was controlling his own people.” Scruggs echoes the words of senior FBI agent Byron Sage, who was present for the siege and the assault, who will say five years later that Koresh “had an apocalyptic end in mind, and he used us to fulfill his own prophecy” (see January 2000). Carl Stern, director of public affairs for the Department of Justice, was present at the decision-making sessions held in Reno’s office, and saw the FBI present its tear-gas assault plan for her approval. Stern, like Reno and others, was new to Washington and to the Davidian situation, and recalls the turmoil of meetings and decisions in the final weekend before the assault on Monday, April 19. “I arrived here on Tuesday and had my first meeting on Waco 15 minutes after I walked in the door,” Stern says. “Two people from the criminal division were advocating the tear gas plan. I took the other position and we argued it in front of the attorney general. The next day I attended a meeting where I really felt the idea had been turned off. I was confident that nothing was going forward (see April 12, 1993). Then on Saturday it got turned around 180 degrees” (see April 17-18, 1993). Stern is still unsure why the opposition to the assault plan disappeared so thoroughly. “The AG [Reno] was there with her deputies, the FBI director [William Sessions] was there with his deputies, and they were going through the whole thing all over again.” Stern summarizes the list of official priorities that weighed in favor of the action. “The FBI was concerned about deteriorating health conditions in the compound. There were dead bodies on the premises. The building had no indoor plumbing. People were defecating in buckets and dumping it in a pit out back and, after 50 days, there was real concern that there would be a massive disease outbreak and the first ones to get sick would be the kids. They were concerned that the perimeter of the compound was highly unstable. It was a large perimeter. There had been several breaches of it. There were rumors that armed pro-Koresh groups might come from Houston or California or elsewhere to put an end to the siege. Finally, the Hostage Rescue Team had been there for 49 days at that point—the longest they had ever gone before was four days. They were in sniper positions around the clock. They were losing their edge, not training, sitting out there in mudholes, and they were afraid if something went wrong in the rest of the country they would not be able to respond.” Stern confirms that one of Reno’s overriding concerns was the reports of child abuse she was receiving. “The AG asked a number of questions and this became the legend of what she was concerned about. She asked first about sanitary conditions. She asked next about sexual assault and child abuse. The FBI replied that if Koresh was still doing what he had been point prior to the raid (see November 3, 1987 and After) he was legally committing statutory rape. Third, the question of beatings came up. As recently as March 21, youngsters had been released who described having been beaten. The consensus was that, at a minimum, the government was not adequately protecting these children, but all that got distorted later.”
Mass Suicide Never Considered an Option for Davidians - Stern also confirms that FBI officials dismissed any idea that the Davidians might commit mass suicide, and that possibility was never figured into the plans for the assault. “What the attorney general heard was the assessment that he was not suicidal,” Stern says. What did figure into the planning was what the authors calls the “tough-cop culture of the FBI, which later evaluators cited as central factors in the proposal by bureau commanders to attack the compound with tear gas.” Stern says, “Remember, four officers had been killed, the FBI had never waited so long in the hostage situation, and from their perspective, it was really untenable that people who had killed federal officers were going on week after week thumbing their noses at law enforcement.”
Assault Did Not Follow Plan - The plans as approved by Reno never contained an option to attack the compound with armored vehicles. “Please keep in mind that there was no plan to demolish the compound. As we said at the time, it was not D-Day. The original plan was a two-day plan for gradual insertion of gas to progressively shrink the usable space and continually encourage people to come out.” The assault was carried out entirely differently; when the Davidians began firing automatic weapons at the armored vehicles and at personnel, ground commanders abandoned the plans and ordered an all-out assault with tear gas and armored vehicles. Even weather conditions played a part in the final conflagration. “No one anticipated the wind,” Stern recalls. “The tanks were not supposed to strike the building, but because of the wind, the gas wasn’t getting in and they had to get closer and finally insert the booms through the window millwork. In the course of doing so, they struck the walls and the roof.” Stern recalls the moments when the fires erupted throughout the compound. “I was in the SIOC [Strategic Intervention Operations Center] when the fire broke out. At first, Floyd Clarke, the FBI’s deputy director, thought an engine had blown on one of the vehicles they had rented from the Army. They didn’t realize what had happened. Then, when it became clear that it was a fire, they all sat there waiting for the people to come out. They were saying, ‘Come on baby, come on out, come on out.’ They were expecting people to come flooding out and there were no people coming out and they were absolutely incredulous. Even when it was over, they were still assuming they would find the kids in the bus they had buried underground.” Stern says FBI and DOJ officials were stunned at the realization that the Davidians had, in essence, committed mass suicide. “All I can tell you is that, given the atmosphere at the time, it was a surprise the suicide occurred. Remember, by then, most of the children in the compound were Koresh’s own. The thought that he would permit his own children to be harmed was inconceivable.” Conway and Siegelman point out that those experienced in “cult” “mind control” techniques had, indeed, anticipated just such an outcome. They theorize “that ranking FBI officers, tired of being manipulated by Koresh and, no doubt, genuinely concerned for the precedents they were setting for future confrontations, may have misguided the attorney general into giving ground commanders too much leeway in the execution of the final assault plan—leeway that, as the tank and tear gas assault progressed, unleashed the full destructive potential of Koresh and the people under his control. However, in our view, that gaping hole in the government’s strategy was not wrought by any battering ram or armored vehicle. Amid the push and pull of the government’s internal debate, the failure of FBI officials in Washington and Waco to heed warning that the cult’s destructive urges would ignite under pressure hastened the demise of the doom-bent Davidians.” The Davidians were never Koresh’s hostages as the FBI viewed them, the authors conclude, but willing participants willing to die for their leader and for their beliefs.
Reno Forced to Rely on FBI - Stern reminds the authors: “The attorney general had only been on the job five weeks. She didn’t even have her own staff yet. She was really flying solo. She had to rely on somebody, so she relied on the FBI and their vaunted Hostage Rescue Team. Those of us who have been around town a little longer know that, while there’s much to admire about the FBI, it does not have an unblemished record. There are times when they have been mistaken. They’re not perfect. In the world of cats and dogs, sometimes they’re closer to dogs than cats. If she had been attorney general for two years and had more experience dealing with the bureau, she might have solicited more information.” [Conway and Siegelman, 1995]
Entity Tags: Flo Conway, David Koresh, Carl Stern, Byron Sage, Branch Davidians, Federal Bureau of Investigation, FBI Hostage Rescue Team, US Department of Justice, Philip Heymann, Mark Young, Jim Siegelman, Richard Scruggs, Janet Reno, Floyd Clarke, Peter Smerick
Timeline Tags: 1993 Branch Davidian Crisis
Richard P. Matsch. [Source: Washington Post]The Tenth Circuit of Appeals removes Oklahoma District Judge Wayne E. Alley from the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), and assigns US District Judge Richard P. Matsch of Denver to preside over the trial. [New York Times, 12/5/1995; Douglas O. Linder, 2001] “We conclude that a reasonable person could not help but harbor doubts about the impartiality of Judge Alley,” the court rules. [Stickney, 1996, pp. 261] Alley’s offices were damaged in the blast, as was the entire courthouse, which stands less than 1,000 feet from the Murrah Building. Alley had a staff member injured in the bombings, and at least 33 of the victims conducted business regularly in the courthouse. Some judges helped in the rescue efforts; some judges attended as many as seven funerals. An employee in the court clerk’s office lost her child in the blast, and many court employees were injured either in the blast itself or in the aftermath. Fundraising drives for the victims and their families were held in the courthouse, and a popular T-shirt being sold features a law enforcement badge and the inscription, “In Memory, April 19, 1995, Oklahoma City.” The appeals court feels Alley risks having his impartiality questioned, and notes that both prosecuting and defense attorneys have requested his removal. [Serrano, 1998, pp. 254; Douglas O. Linder, 2001] In his request for Alley’s removal, defense lawyer Stephen Jones told reporters: “Judge Alley has a distinguished military, professional, and judicial career. Anyone who appears before him has the highest respect for him personally and professionally. However, our belief is that a victim of a traumatic incident cannot sit as a judge in a trial where the person accused of creating the incident is on trial. No one of us would want to be judged by such an individual.” [New York Times, 8/23/1995] US Attorney Patrick M. Ryan also asked that Alley step aside. In court papers, Ryan noted that there was no legal requirement that he do so, but stated that “[i]t is of paramount importance that the nation have complete confidence in the integrity of the verdict ultimately reached in this case, and that partisan detractors not be permitted—however wrongly—to raise questions about judicial fairness. There is too much at stake here to risk even an erroneous reversal, with all its attendant costs to the people of the United States, and most importantly, to the victims of this terrible crime. Failure to recuse could cause delay, uncertainty, and unwarranted focus on a matter that is collateral to the overriding issue of these defendants’ guilt or innocence.” [New York Times, 9/9/1995] Alley, who unsuccessfully fought to keep the case, wrote in a court filing regarding his removal, “The judge who succeeds to this case will have to bear a dreadful burden, and I wish him or her well.” Matsch has experience in similar trials; in 1987, he presided over the civil rights trial of four members of the white supremacist group The Order, who murdered progressive radio talk show host Alan Berg (see June 18, 1984 and After). He is known as a stickler for punctuality and order in his courtroom, brooking little nonsense from lawyers on either side of the case. Morris Dees of the Southern Poverty Law Center (SPLC), which monitors white supremacist and military groups, calls Matsch’s selection “poetic justice.” Defense lawyers for both Timothy McVeigh and Terry Nichols say they are comfortable with Matsch presiding over the trials of their clients. [New York Times, 12/5/1995; Serrano, 1998, pp. 255]
Defense lawyers for indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court for broad access to government documents to support their theory that domestic or “foreign” terrorists were involved in the bombing (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After). McVeigh’s lead defense lawyer Stephen Jones files the motion, which says that the sophistication and effectiveness of the bomb lend validity to the theory that the attack was carried out by a “terrorist organization.” Jones’s filing compares the Oklahoma City bombing to 1983 bombing attacks against the US Embassy and a Marine Corps barracks in Lebanon. [Reuters, 12/22/1995]
A New York Times analysis of indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) uses an interview with FBI profiler Jack Douglas to paint a picture of McVeigh as a burgeoning serial killer. Douglas, the model for the FBI analyst in the movie The Silence of the Lambs, describes McVeigh as an underachieving loner whose stunted social development, obsessive neatness, inability to deal with his abandonment by his mother, sexual frustration, obsession with guns, and overarching alienation led him to conceive and execute a plot that killed scores of innocent people. “There are the same kind of characteristics” in McVeigh’s makeup as serial killers possess, Douglas says. “Asocial, asexual, a loner, withdrawn, from a family with problems, strong feelings of inadequacy from early in life, an underachiever.” McVeigh did well in the highly structured environment of the US Army (see March 24, 1988 - Late 1990 and January - March 1991 and After), Douglas notes, but was unable to function successfully outside of that environment (see November 1991 - Summer 1992). His lifelong obsession with guns (see 1987-1988) blended with his increasing fascination with far-right militia, white supremacist, and separatist ideologies that led him to believe the government was actively plotting to disarm and repress its citizenry. McVeigh, always fascinated with computers, used the burgeoning network of computerized bulletin boards, email clients, videotape exchanges, shortwave radio broadcasts, and other information resources to fuel his beliefs, all codified in what Times reporter John Kifner calls “a venomous novel called The Turner Diaries” (see 1978) that depicts rebel white supremacists overthrowing the federal government and committing genocide against minority citizens.
Apocalyptic World View Triggered by Events - McVeigh’s increasingly apocalyptic world view, Douglas says, led him to carry out the bomb plot, perhaps in an effort to bring about the same supremacist rebellion that The Turner Diaries depicts. The federal raids on Randy Weaver’s cabin in Ruby Ridge, Idaho (see August 31, 1992), and the Branch Davidian compound in Texas (see April 19, 1993), the passage of the Brady gun control bill (see November 30, 1993), and the birth of the paramilitary militia movement (see August 1994 - March 1995) all spurred McVeigh forward. Kifner writes: “The paramilitary movement vowed to resist the government and publish manuals on forming underground guerrilla squads. Mr. McVeigh was just a little ahead of the curve.” The final straw for McVeigh, Kifner and Douglas theorize, was the passage of the August 1994 crime bill that outlawed 19 types of semiautomatic assault weapons (see September 13, 1994). Shortly thereafter, McVeigh wrote an angry letter to his friend Michael Fortier alerting him that he intended to take some sort of “positive action” against the government (see September 13, 1994).
Shared Inadequacies - Douglas calls McVeigh’s “obsession with weapons” an “overcompensation for deep-rooted feelings of inadequacy.… They compensate for a while by talking the talk, but after a while they have to go out and do something about it. Typically the time for violence is in the mid-20s. They look in the mirror and see they’re going nowhere fast. This is an easily controlled and manipulated personality. They are looking for something to hang their hat on, some ideology. They have difficulty fitting into groups, but they are more mission-oriented, more focused.” Seattle forensic psychiatrist Kenneth Muscatel has called this type of personality disorder “Smerdyakov syndrome,” after the scorned half-brother in Dostoyevsky’s novel The Brothers Karamazov, who listens to the other brothers inveigh against their father until, finally, he murders the father. Douglas notes the devoted friendship between McVeigh and indicted co-conspirator Terry Nichols, another underachieving loner who did well in the Army. “These two are birds of a feather,” Douglas says. “Each feeds off the other’s inadequacies.” Of McVeigh, Douglas says: “These people are comfortable in a structured environment, they do very well. But outside of a structured environment, without that rigidity, he just can’t survive. On the other hand, he’s probably doing fine now in jail. I bet they would say he’s a model prisoner.”
'Red Dawn' and the Militia Movement - McVeigh’s favorite movie is, by all accounts, a 1984 film called Red Dawn that depicts a group of Texas high school football players banding together to defeat an invasion of Soviet paratroopers. The “Wolverines,” as the footballers term themselves, transform themselves into a polished, lethal guerrilla force. The film contains a number of tropes that resonate with McVeigh and other militia sympathizers: the use of gun-registration forms to enable the Soviet invasion, political leaders eager to betray the American citizenry they represent, and others. The film is a cult classic among militia members. Along with another extraordinarily popular series of movies, the Rambo films, Red Dawn expresses what sociologist James William Gibson has noted is a new perspective on military veterans and popular culture; whereas traditional war movies show raw recruits uniting to battle an evil enemy on behalf of a just national cause, post-Vietnam movies such as Red Dawn and the Rambo films popularize the archetype of an alienated loner or small band of outlaws, betrayed by their own government and fighting for their view of the American ideal as renegades. Another favorite film of McVeigh’s is a very different offering, the 1985 black comedy Brazil, which depicts an Orwellian future dominated by an all-powerful bureaucracy. Actor Robert DeNiro plays a commando-like “outlaw repairman”; his character’s name is “Tuttle,” one of the aliases used by McVeigh (see April 19, 1993 and After, October 12, 1993 - January 1994, December 1993, February - July 1994, and May 12, 1995). The last movie McVeigh rented before the Oklahoma City bombing was Blown Away, the tale of a mad bomber.
'The Turner Diaries', Gun Regulation, and the Militia Movement - Kifner notes that much has been made of McVeigh’s fascination with William Pierce’s novel The Turner Diaries. McVeigh was an avid reader, paging through mercenary and gun magazines, white supremacist and anti-Semitic newsletters and fliers, and an array of apocalyptic and war novels. One of the more unusual works found in McVeigh’s possessions is a document titled “Operation Vampire Killer 2000,” written by militia leader Jack McLamb and predicting a “globalist,” “New World Order” (see September 11, 1990) takeover of the US by “the year 2000.” The document names the plotters against American democracy as, among others, the Order of the Illuminati, international bankers, the United Nations, the “Rothschild Dynasty,” the Internal Revenue Service, CBS News, Communists, the Yale secret society Skull and Bones, “humanist wackos,” and, possibly, aliens from outer space in Unidentified Flying Objects. McLamb writes: “For the World Elite to truly enjoy their ‘utopian’ Socialist Society, the subject masses must not have the means to protect themselves against more ‘voluntary compliance.’ When one grasps this logical position, there is no longer any question about it: THE GUNS WILL HAVE TO GO.” But The Turner Diaries was, according to one person involved in the investigation, McVeigh’s “Bible” (see August 20, 1995). As with so much of McVeigh’s reading material, Turner posited the forcible confiscation of citizen-owned guns by the US government as the presage to tyranny. In a book on the paramilitary movement, Kenneth Stern wrote: “Those who would regulate guns were cast as tyrants who were coming for people’s guns first. The government had to disarm citizens in order to subjugate them. The United Nations could march in and take over America; loyal Americans could be sent to concentration camps.” Both McVeigh and the paramilitary movement were “developing in the same time line,” Stern tells Kifner. “I would date the first functioning militia as February of 1994 in Montana, and then spreading to Michigan and other places” (see October 12, 1993 - January 1994). McVeigh and Nichols were apparently influenced by the writings of former Ku Klux Klan leader Louis Beam, who advocated a “leaderless resistance” of tiny, independent cells that “state tyranny” would find more difficult to control (see February 1992). “No one need issue an order to anyone,” Beam wrotes. “These idealists truly committed to the cause of freedom will act when they feel the time is ripe, or will take their cues from others who proceed them.” In Pierce’s novel, a bombing almost exactly like the Oklahoma City blast is carried out by the novel’s hero Earl Turner; the novel’s bombing destroys the FBI headquarters in Washington and inspires a nationwide revolt by white supremacists against the “tyrannical” government. It is conceivable, Kifner concludes, that McVeigh’s bomb was intended to strike the same sort of blow, and perhaps evoke the same results. [New York Times, 12/31/1995]
Entity Tags: Kenneth Muscatel, James William Gibson, Jack McLamb, Federal Bureau of Investigation, John Kifner, Timothy James McVeigh, Randy Weaver, Louis R. Beam, Jr, Michael Joseph Fortier, Terry Lynn Nichols, New York Times, John E. (“Jack”) Douglas, Kenneth Stern
Timeline Tags: US Domestic Terrorism
Randall Terry, the founder and former leader of the anti-abortion group Operation Save America (formerly named Operation Rescue), says that his vision of the organization’s goals was not merely to stop abortions in America, but to “recapture the power bases of America.” In a video broadcast on PBS, Terry says: “From the beginning when I founded Operation Rescue, the vision was not solely to end child-killing; the vision was to recapture the power bases of America, for child-killing to be the first domino, if you will, to fall in a series of dominoes. My feeling was, and still is, once we mobilize the momentum, the manpower, the money, and all that goes with that to make child-killing illegal, we will have sufficient moral authority and moral force and momentum to get the homosexual movement back in the closet, to get the condom pushers in our schools to be back on the fringes of society where they belong where women are treated with dignity, not as Playboy bunnies, etc., etc. We want to recapture the country, because right now the country’s power bases are in the hands of a very determined, very evil elite who are selling us a bill of goods. They call it good but it truly is evil. They say, ‘Here, it’s sweet,’ but in reality it’s bitter. It’s wormwood and gall.” [The Public Eye, 4/2000 ; Cronin, 2002, pp. 440; Feminist Women's Health Center News, 2010]
Four doctors and two abortion-provider organizations file a lawsuit under the civil section of the Freedom of Access to Clinic Entrances (FACE) Act (see May 1994). The case names the American Coalition of Life Activists (ACLA—see July 1993) as the primary defendant, and asks that the court enjoin the organization to stop publishing threats against doctors (see 1995 and After). The case also seeks monetary damages. One of the defendants is the Reverend Michael Bray of Bowie, Maryland. Bray, a co-founder of ACLA, wrote a book called A Time to Kill: A Study Concerning the Use of Force and Abortion (see September 1994). Bray served four years in federal prison in the 1980s for his role in the arson attacks and bombings of seven abortion clinics. The case will become commonly known as Planned Parenthood v. ACLA. [Ms. Magazine, 12/2002]
A women’s clinic in Atlanta is bombed. The explosive device is stuffed with rusty nails and bits of metal to act as shrapnel, obviously designed to injure and kill clinic workers and whoever else may be in the building. [Extremist Groups: Information for Students, 1/1/2006]
The Justice Department ends its two-year grand jury investigation into possible conspiracies behind abortion clinic violence (see 1986, March 26, 1986, June 1986, March 10, 1993, 1995 and After, and 1996). The jury finds no evidence of any national conspiracy to commit violence on the part of anti-abortion organizations. However, Nation reporter Bruce Shapiro will write in 2001 that the evidence unearthed by the FBI’s investigation in a 1998 abortion doctor murder (see October 23, 1998 and March 17-18, 2003) proves the existence of just such a conspiracy. [Nation, 4/23/2001]
David Kacynski informs the FBI that his brother, Theodore “Ted” Kaczynski, might be the infamous “Unabomber.” The situation begins when their mother Wanda puts her Lombard, Illinois house up for sale in preparation to move to Schenectady, New York, to live closer to David. In the final days before the move, Wanda and David Kaczynski find documents written by David’s older brother Ted that they find disturbing.
Independent Investigation - Even before the publication of the “Unabomber” manifesto in the Washington Post and elsewhere (see September 19, 1995), David Kaczynski had worried that his brother might be the Unabomber. After its publication, his wife Linda Patrik read the manifesto and alerted David Kaczynski to its possible connection to his brother. David Kaczynski goes through the papers from his mother’s house, which include letters written by his brother from as far back as the 1970s protesting the use of technology. The themes and wording of the letters were disturbingly similar to the manuscript attributed to the Unabomber. David Kaczynski contacted a private investigator (later identified as Susan Swanson, a long-time friend of the family), who compiled information about the Unabomber’s attacks. David Kaczynski compared them to information he had about his brother’s movements. “She was able to deduce that he worked in the cities that were relevant at the correct times,” her supervisor Terry Lenzner will later say. Swanson contacted a colleague, former FBI profiler Clint Van Zandt, who had briefly worked on a psychological profile of the Unabomber. Van Zandt compared letters written by Ted Kaczynski (whom Swanson did not reveal as the author) with the Unabomber document, and found marked similarities between the two. In mid-January, Van Zandt contacts Swanson and tells her the similarities are so strong that her client needs to go to the FBI, or he will be forced to do so. Swanson has already suggested that David Kaczynski retain the services of lawyer Anthony Bisceglie to represent the family.
Contacting the FBI - In late January, Bisceglie contacts the FBI in Washington, choosing to contact a friend in the bureau instead of the FBI’s Unabom task force in California. An FBI official will later recall, “The lawyer was nervous.” Initially, Bisceglie describes the situation without naming either of the brothers, or giving too much information about the grounds for David’s suspicions. “The brother was nervous,” the official later adds, “wanting to protect and not to smear his brother’s name if he wasn’t guilty and not to hurt him if he was.” After weeks of discussion, Bisceglie and David Kaczynski meet with FBI agents; David Kaczynski brings the documents from his mother’s house. Neither Bisceglie nor David Kaczynski are eager to identify Ted Kaczynski, but FBI agents have begun checking David Kaczynski’s background, and have already determined that Ted Kaczynski is probably the person he suspects of being the Unabomber. “We had kind of figured it out before he told us who his brother was, and that they both went to Harvard,” the official will later say. Bisceglie and David Kaczynski identify Theodore Kaczynski to FBI officials in early February. (Wanda Kaczynski is not told of the suspicions against her eldest son until late March.) Officials later say that they never considered David Kaczynski as having any involvement in his brother’s deeds, and never thought that he was motivated by the prospect of receiving the $1 million reward offered by the FBI for his capture and conviction (see August 20, 1998). Instead, the officials will say, David Kaczynski and the family want to ensure that if the FBI does go after Theodore Kaczynski, they will take precautions not to hurt him if and when they find him. Wanda Kaczynski authorizes an FBI search of the Lombard house as the family is preparing to leave. Using evidence found at the house, along with the documents and information provided by David Kaczynski and its own investigations, the FBI quickly learns that Theodore Kaczynski lives in an isolated cabin in the Montana mountains. Family and friends recall Ted Kaczynski as a brilliant mathematics student, perhaps a genius, but quite reclusive. LeRoy Weinberg, a veterinarian who lived behind the Kaczynskis in Evergreen Park, will later recall: “He never played with the other kids. He was a brilliant student, but even then his brother was much more social. I remember saying at the time that he may be brilliant, but I’m sure glad he’s not my kid.” Neighbors are aware that Ted Kaczynski had abandoned a promising career as a mathematics professor at the University of California at Berkeley to move into a tiny rural cabin in Montana some 15 years ago, and know little else. The Kaczynski’s father committed suicide in 1990 after learning he was suffering from terminal cancer. [New York Times, 4/4/1996; Washington Post, 4/5/1996; Reuters, 4/8/1996; Chicago Tribune, 4/9/1996] In April 1996, Van Zandt will say that David Kaczynski is a “national hero” for turning in his brother. “He used us to verify in his own mind his suspicions that his own brother may have been the Unabomber,” he will say. “Unfortunately, we confirmed his worst fears.” [Chicago Tribune, 4/9/1996]
The defense in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) presents evidence in one of the hearings conducted to consider a change of venue in the trial (see November 21, 1995). The hearing takes place at the Oklahoma City courthouse; McVeigh has been brought from his cell at the El Reno federal detention facility to take part, though he says nothing during the proceedings. The defense plays clips from television news broadcasts, some of which contain erroneous information; footage of tearful calls for McVeigh and his accomplice Terry Nichols to be executed; coverage of memorial services for the victims of the bombing; and promises by President Clinton, Attorney General Janet Reno, and Oklahoma Governor Frank Keating that the death penalty would be sought. In the back of the courtroom, victims’ family members begin weeping. An Associated Press report by Paul Queary notes that McVeigh “smiled” as the films were shown; Los Angeles Times reporter Richard A. Serrano will write that McVeigh “appeared relaxed and at ease in court.” The reports anger McVeigh’s sister Jennifer, who has driven from Pendleton, New York, to be with her brother in court. She later says: “He wasn’t smiling in reference to anything. He was smiling at me. And you know that if he wasn’t smiling, they’d criticize him and if he was smiling, they’d criticize him. You know what happened the last time when he wasn’t smiling.” She is referring to the iconic image of a grim-looking McVeigh squinting as he is “perp walked” on the day of his arrest (see April 21, 1995). Jennifer tells reporters after the hearing: “No matter what, he’s still my brother and I’m still going to be there for him. He’s just a normal person. He’s not this evil thing they’ve painted him.” She visits him at the city jail before returning to her hotel room and calling her father in Pendleton. She will begin the long drive back to Pendleton a few days later. [Stickney, 1996, pp. 268-270]
Stephen Jones, the lead defense lawyer for indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), asks the court to subpoena four men that Jones says may have information about the bombing. The subpoenas are in response to a $30 million wrongful-death lawsuit filed against McVeigh by Edye Smith, who lost her two sons in the blast. Jones wants to depose three members of the neo-Nazi British National Party (BNP): John Tyndall, David Irving, and Charles Sergeant. He also wants to depose Dennis Mahon, a Tulsa resident who heads the regional chapter of the White Aryan Resistance (WAR), a white separatist organization. Jones says he wants to know if the three BNP members supplied Mahon with a detonator that may have been used in the bombing. Jones also says that Mahon has told his staffers that he is an explosives expert and had bombed buildings in the past. Mahon denies making these claims, but affirms that Interpol considers him an international terrorist and has denied him admission to Great Britain. Jones says of Mahon, “The FBI has interviewed thousands of people in connection with this case yet they didn’t interview an international terrorist living just 90 miles away.” Jones has hired a London legal firm to pursue leads that suggest international connections in the bombing. Mahon has said he knew McVeigh from 1993 and 1994, when McVeigh traveled around the country selling weapons and items at gun shows (see April 19, 1993 and After). An informant has also told federal officials that Mahon may have been involved in a bombing plot targeting an Oklahoma City federal building (see August 1994 - March 1995 and November 1994). Jones also sends defense team researcher Ann Bradley to Amsterdam to talk with a lawyer for Daniel Spiegelman, a US citizen being held by Dutch authorities on a charge of “trading in stolen manuscripts,” and who faces extradition to the US for weapons smuggling and falsifying passports. The Dutch newspaper De Telegraaf runs a story noting the “resemblance” Spiegelman bears to the bombing suspect identified as “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Jones tells reporters: “We are certainly pursuing an investigation of that line and have been for some months. The attorney general herself [Janet Reno] said the FBI would certainly be justified to look at a European connection. We believe that the evidence may suggest a broader, deeper, more sophisticated conspiracy.” [Stickney, 1996, pp. 264, 271; Associated Press, 2/10/1996]
Entity Tags: Edye Smith, Charles Sergeant, British National Party, Ann Bradley, Daniel Spiegelman, Dennis Mahon, Federal Bureau of Investigation, John Tyndall, David Irving, Stephen Jones, Timothy James McVeigh, Janet Reno
Timeline Tags: US Domestic Terrorism
Jennifer McVeigh, the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), is featured in an interview segment aired on Dateline NBC. She was interviewed by Jane Pauley, who spoke with her at a Buffalo, New York, hotel a few days ago. Jennifer tells Pauley about her earlier statements to the FBI (see April 21-23, 1995), saying: “I think he knows I really didn’t have a choice, but… I still wonder, still have a lot of guilt. I talked to them and maybe I somehow hurt him. That’s really the biggest thing that bothers me every day—that I love my brother to death and want nothing more than to support him and be on your side. Yet I really had no choice and if I get called to testify, it will be for the prosecution. It’s tough. You’ll be in trouble if you don’t talk to them, or you talk to them and you’re going to get your brother in trouble.” Jennifer’s statements to Pauley probably do more harm than good to her brother’s chances in court, according to reporter and author Brandon M. Stickney. She echoes her brother’s anger at the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After), which the prosecution will argue was one of McVeigh’s driving rationales for carrying out the bombing. And she likely angers viewers, Stickney will write, by imploring the American people to try to “understand” the reasons behind the bombing, saying, “I think [the bombing] is evil in a sense that a lot of people… lives were torn apart, a lot of people died… innocent people.” After conferring with Richard Burr, a lawyer for her brother, she continues, “I think the act itself was a tragedy for everyone involved, but maybe there’s some sort of explanation to be had—I really don’t think anything could justify the consequences—just understanding would help.” Burr attended the interview and confered with Jennifer before she answered Pauley’s questions. [Stickney, 1996, pp. 271-272]
Judge Richard Matsch (see December 1, 1995), citing the defendants’ right to an impartial jury in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and November 21, 1995), moves the trial from Oklahoma City to Denver, Colorado. Matsch is the Chief Judge of the Federal District Court in Colorado, and is essentially moving the case to his “home” courtroom. Matsch rules that because of intensive negative media coverage of the bombing, neither Timothy McVeigh nor Terry Nichols can receive fair trials in Oklahoma City. “This court… concludes that there is so great a prejudice against these two defendants in the State of Oklahoma that they cannot obtain a fair and impartial trial at any place… in that state,” Matsch writes. McVeigh and Nichols have been “demonized” in the press, he continues. “The intensity of the humanization of the victims in the public mind is in sharp contrast with the prevalent portrayals of the defendants.… [T]he interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court’s obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements.” McVeigh’s attorney, Stephen Jones, says, “The judge examined all the evidence and saw that Oklahoma sees itself as the victims and that makes it difficult to get a fair trial here.” Prosecutors agreed that Oklahoma City was not the proper venue for the trial, but had asked that the trial be moved to Tulsa, only two hours from Oklahoma City; US Attorney Patrick Ryan, newly appointed by President Clinton to represent the Oklahoma City district, argued that moving the trial would present an undue hardship on the families of the victims who want to observe the trial. Attorney General Janet Reno says the government “does not have the right” to appeal Matsch’s decision and therefore is ready to move to trial “expeditiously.” Reno says the Justice Department would “pursue every means available to provide survivors and loved ones with an opportunity to observe and follow events in the courtroom.” Kathleen Treanor, who lost her daughter and her in-laws in the bombing, is angry with the decision, saying she had intended to go to the trials: “It stinks. Judge Matsch will not have to give up his bed or leave his home. He is inconvenienced in no way. I lost my only daughter and I won’t be able to afford to go.” But Toby Thompson, who lost his brother in the bombing, says: “It is very important that the trial be squeaky clean. If moving it to Nova Scotia would ensure that I wouldn’t have to go through it twice, that would be fine with me.” Legal experts say Matsch made the decision in order to obviate any possibility that the defense would use the venue of the trial as the basis for a possible appeal. Governor Frank Keating (R-OK) criticizes the decision, saying Matsch moved the trial to Denver “for his personal comfort.… It is easier for him to go home and sleep in his own bed. That’s what his decision says to the hundreds and thousands of people impacted in this bombing. Its wrong on the facts and it’s wrong on the law.” Keating says he will coordinate with Governor Roy Romer (D-CO) and Denver Mayor Wellington Webb, as well as the federal government, to fund transport and housing for relatives and friends of the victims who wish to attend the trials. [Washington Post, 2/21/1996; New York Times, 2/21/1996; Serrano, 1998, pp. 256; Douglas O. Linder, 2001] Chicago jury consultant Joe Guaftaferro says of the venue change: “Colorado, from a jury perspective, could be risky. There’s a lot of white supremacists in those hills.” Public affairs law professor Rita Simon, an expert on the effects of publicity on a jury, says she agrees with Matsch’s decision, and adds, “With proper instruction, jurors could put aside any pretrial prejudice they may have picked up as a result of publicity about the case.” [New York Times, 2/22/1996]
Entity Tags: Patrick M. Ryan, Kathleen Treanor, Janet Reno, Frank Keating, Wellington Webb, Toby Thompson, Timothy James McVeigh, Terry Lynn Nichols, Roy Romer, Joe Guaftaferro, Rita J. Simon, Richard P. Matsch, Stephen Jones
Timeline Tags: US Domestic Terrorism
Lawyers on both sides of the upcoming Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) agree to exhume the body of one of the 168 victims of the blast. The agreement to exhume the body of Lakesha Levy, an Air Force member killed in the explosion, is to determine whether the unidentified leg found in the rubble (see August 7, 1995) belongs to Levy. Defense lawyers for accused bomber Timothy McVeigh had at one time speculated that the leg might belong to “the real bomber,” but after DNA tests proved it belonged to an African-American female, those speculations ceased. Levy is buried in a New Orleans graveyard. Prosecutors say that their records show eight of the bombing victims were buried without their left legs. It is possible, they say, that Levy was buried with someone else’s leg. Levy’s body will be sent to an FBI forensics laboratory for investigation. [New York Times, 2/28/1996] The leg will be conclusively identified as Levy’s (see February 24, 1996).
The unidentified leg found in the rubble of the Oklahoma City bombing (see August 7, 1995 and February 21, 1996) belongs to Airman Lakesha Levy, according to DNA tests carried out by FBI forensic scientists. The FBI also uses footprints from the leg to identify it as Levy’s. Levy was buried with a severed leg belonging to another, as-yet-unidentified bombing victim. Stephen Jones, the lead defense attorney for indicted bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), says that the prosecution’s forensic evidence “appears to be moving in different directions like a weather vane in an Oklahoma stormy spring.” State medical examiner Frederick B. Jordan says his office made three mistakes in identifying Levy’s remains: burying the wrong leg with her, erroneously reporting that the wrong leg was still attached to the body, and erroneously reporting that Levy was found with a combat boot on her left foot. Jordan says the errors may refer to Levy’s right leg, not the severed left leg. The FBI has not yet identified the victim whose leg was buried with Levy. [Associated Press, 2/24/1996] The leg buried with Levy will never be identified. In 1999, it will be buried with honors, along with an assortment of other unidentified fragments and tissue remnants from the bomb site, in a memorial garden on the Oklahoma City capitol grounds. [Amarillo Globe-News, 12/11/1999]
The Montana Freemen (see September 28, 1995 and After), seemingly unrestrained by local laws (see January 1994, June-July 1994, February - March 1995, May 1995, September 28, 1995 and After, and October 2, 1995), publish a “public notice” in local newspapers announcing their intention to take control of a huge swath of land in northeastern Montana, including land owned by private citizens, the State of Montana, and the Bureau of Land Management (BLM). They announce that anyone trespassing on their land will be “arrested” and punished. The people of Jordan, Montana, and the nearby areas are outraged. “So if Dad was out feeding his cows,” says the son of a rancher who leases grazing land from the state, “to them he’d be trespassing on their so-called land, and they’d take him to their court. And from there your imagination could run rampant.… Maybe they wouldn’t do anything, but who knows. Dad was really upset; up until that time, all their threats had been against government officials. Now they were disrupting our lives.” County voters, enraged by local, state, and federal inaction against the Freemen, schedule a meeting to discuss their own actions against the Freemen, including cutting the telephone lines to the Freemen ranch and blockading the county roads leading to their compound. In apparent response, Freemen leader LeRoy Schweitzer holds a meeting (videotaped and later shown in court) outlining their own plan to kidnap government officials, perhaps a preemptive strike against the local citizenry. Schweitzer says: “We’ll travel in units of about 10 outfits, four men to an outfit, most of them with automatic weapons, whatever else we got—shotguns, you name it.… We’re going to have a standing order: Anyone obstructing justice, the order is shoot to kill.” Afterwards, many speculate that the FBI, likely conducting surveillance against the Freemen for months and aware of the escalating conflict, decides the time is right to move against the Freemen (see March 25, 1996). [Mark Pitcavage, 5/6/1996]
A Eureka, Montana, arms dealer, Cajun James, currently suing Freemen leader LeRoy Schweitzer (see 1993-1994) and other Freemen discloses that in February 1995 Schweitzer tried to buy $1.4 million in military-style weapons and equipment, including 200 .50-caliber rifles, 200,000 rounds of ammunition, 200 bulletproof vests, and 200 sets of binoculars. The Freemen’s money order bounced and the arms were never delivered. The FBI seized the check Schweitzer wrote and informed James it was fraudulent. James says the check looked so authentic that his bank had set up a new savings account for him and credited him with the money after reviewing the check. “It says ‘Certified Money Order,’ has the name and address of the ba[n]k on it and a notary signature,” James says. “By looking at it, there is no reason to think it is fraudulent. It was good enough to fool my bank.” The account number on the check was traced to the US District Court in Butte, Montana, and was active between 1990 and 1994, when it was shut down because Freemen were writing counterfeit checks on it. [Washington Post, 4/1996; Billings Gazette, 3/25/2006]
A jury convicts anti-abortion activist John Salvi of murdering two people and attempting to kill five others at two Massachusetts abortion clinics (see December 30, 1994 and After). Salvi’s lawyers fail in attempting to prove him insane, dubbing him a paranoid schizophrenic who is not legally responsible for his actions. In a statement to the court, Salvi refused to apologize for his actions, and instead told the court of his theories of a widespread anti-Catholic conspiracy. “As you know, I haven’t pled guilty though I am against abortion,” Salvi told the court. “My position is pro-welfare state, pro-Catholic labor union, and, basically, pro-life.” Salvi is sentenced to two consecutive life sentences as well as lengthy jail terms for the assault convictions. Planned Parenthood official Nicki Nichols Gamble says she hopes the verdict “will help to de-escalate the climate of fear and violence that has surrounded the services we provide.” Mark Nichols, the brother of Lee Ann Nichols, one of Salvi’s victims, says after the verdict is read, “Justice was done.” Ruth Ann Nichols, Lee Ann’s mother, said in a victim statement to Salvi and the court: “Without hesitation, I hope you have sheer misery every day of your life, as you have brought all the families. I request and hope that every December 30th they put you in solitary confinement.” Salvi’s attorney, J.W. Carney Jr., says he will appeal based on Judge Barbara Dortch-Okara’s refusal to allow Salvi to testify; towards the very end of the trial, Carney tried to assert Salvi’s right to testify, but attempted to limit the areas in which the prosecution could cross-examine him, and the judge refused to allow the restricted testimony. Carney told the jury that Salvi was a “sick, sick young man” who should be placed in a state mental facility. Prosecutor John Kivlan called Salvi an anti-abortion zealot and a “terrorist” who was lucid and sane enough to shoot seven people in three clinics in two states and avoid, for a time, a massive police manhunt. The prosecution showed that Salvi had attended meetings of anti-abortion groups and had literature from those groups, but could not show any links to the organized anti-abortion movement. [Washington Post, 3/19/1996; Kushner, 2003, pp. 39] In November 1996, Salvi will commit suicide in his jail cell. His convictions will be voided by Dortch-Okara because he will be unable to complete his appeals process due to his suicide, a technical ruling that will cause great pain to the family members of his victims. Ruth Ann Nichols will tell reporters, “I have to tell you the truth, it’s as if John Salvi is coming from the grave to bring me some hurt.” [New York Times, 2/2/1997]
Residents of the area around Jordan, Montana, where three Montana Freemen were arrested and the remaining Freemen are trapped inside their compound (see March 25, 1996), react with gratitude towards the FBI and anger towards the Freemen. A local bank hangs a sign reading: “Goodbye, LeRoy. Hello, FBI” (referring to arrested Freeman LeRoy Schweitzer). A resident, K.L. Bliss, recalls that he used to farm near the Clark family, who are active members of the Freemen (see 1980s-1994), and says that “everybody had planted by June—but [Ralph Clark] had weeds this high. He’s never made a bank payment since 1981, he’s never paid taxes since 1981—and he’s whining about the government.” Local farmer Tom Wilson says of the Freemen: “These guys haven’t had a job for quite a while. We drive by their place and never see them doing anything. They’re just sitting around dreaming up trouble.” One local resident, unidentified by the Associated Press, shouts: “I want to see blood! I’ve lived with this for two years, and it’s ruining my life. I want it over.” Ranch hand Terry Kastner calls the Freemen “brainwashed,” and wishes “they [the FBI]‘d go in there and shoot ‘em all. It would save the taxpayers a lot of money and time.” Tom Fogle, a county worker, is even more forceful. “If they can’t get them out of there peacefully in a couple of weeks, I’d say go in and get them out any way they can. If they don’t give up, I say go in and strafe ‘em.… Bring in the Apache helicopters and blow the hell out of them. I’m tired of it.” [Mark Pitcavage, 5/6/1996; New York Times, 5/28/1996]
Two armed Freemen man a patrol outpost on their besieged ranch. The US flag is flown upside down to indicate distress. [Source: Idaho Observer]Undercover FBI agents arrest the leader of the Montana Freemen (see 1993-1994), LeRoy Schweitzer, and two of his colleagues, Daniel E. Petersen Jr. and Lavon T. Hanson, on the “Justus Township” ranch (see September 28, 1995 and After). Schweitzer and Peterson go out in the early morning to inspect the site of a ham radio antenna they were having set up to facilitate communications; the site is on the ranch, but some distance from the main compound. The two are responding to a request from the chief of the installation crew to inspect the antenna. When they arrive, they learn that the installation crew is actually composed of FBI agents. Though Schweitzer and Petersen are heavily armed, they do not resist arrest. Hanson is also arrested without incident. Federal agents then surround the ranch with over 100 agents. Six Freemen voluntarily leave the compound; 20 or more heavily armed Freemen remain inside the ranch, along with several children, and a standoff between the Freemen and the FBI begins. [Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006] A lawyer who visited a Freemen residence in the fall of 1995 recalls seeing guns such as AR-15 assault rifles, shotguns, and hunting rifles in every corner, and gas masks hanging from the doors. Authorities believe that the Freemen ensconsced in the ranch house have those weapons and more besides. [Chicago Tribune, 4/19/1996]
Tactics Very Different from Ruby Ridge, Waco - US Attorney Sherry Matteucci says that federal authorities are seeking eight other people who are not in custody in the Freeman case, including Rodney Skurdal, who has been at large since a warrant for his arrest was issued in March 1995. Skurdal is the de facto leader of the Freemen holed up inside the ranch. The FBI says it is going to great lengths to ensure that this standoff does not end badly, as previous confrontations have in Ruby Ridge, Idaho (see August 31, 1992), and Waco, Texas (see April 19, 1993). “The FBI has gone to great pains to ensure that there is no armed confrontation, no siege, no armed perimeter, and no use of military assault-type tactics or equipment,” says Attorney General Janet Reno. “The FBI is trying to negotiate a peaceful solution.” The FBI says the confrontation is not a “siege,” as two of the three roads leading out of the Freeman compound are not blocked. Matteucci says authorities believe there are women and children among the besieged Freemen, but will not speculate as to the Freemen’s numbers or composition. FBI Director Louis Freeh decides at the outset not to use overt military tactics, as was done at both Ruby Ridge and Waco. Agents and law enforcement officials on the scene do not wear camouflage or black uniforms, but civilian clothes, and no armored personnel carriers are brought in. The FBI’s quasi-military Hostage Rescue Team (HRT) is heavily supplemented by trained negotiators and “profilers.” Instead of snipers, the FBI installs video surveillance cameras on a microwave tower leading into the farm, as well as extensive audio surveillance equipment. No perimeter is established, only roads leading into the ranch are blocked, and many people are allowed to drive in and out of the farm after being stopped and questioned by FBI or law enforcement agents. (Days after the arrests, the Freemen themselves will block the county road in front of their farm with a barbed wire barricade.) The HRT does not manage the standoff, as it did in Waco; instead, the FBI’s Critical Incident Response Group is in charge. The FBI agent in charge is Robert “Bear” Bryant, an assistant FBI director who in 1988 participated in the Marion, Utah, siege of a group of armed religious zealots that ended peacefully. Local police block media access to the farm, allegedly fearing violence against journalists. The FBI and the various law enforcement agencies establish an operations center at the Jordan county fairgrounds, with vehicles, command post trailers, and even an airstrip. The FBI sets up a dedicated telephone line into the farm for family members, and cuts the other phone lines. Jim Pate of Soldier of Fortune magazine, who met the Freemen leaders last year, warns that the confrontation could easily become violent. Lynn Davis of the Montana Human Rights Network agrees. “They haven’t shot anybody, but they’ve held people at gunpoint,” she says. “They’ve threatened. I’ve had two calls in the past week threatening my life, my children. Phone calls to both my home and office.” [CNN, 3/28/1996; Chicago Tribune, 4/19/1996; Mark Pitcavage, 5/6/1996]
'Sad, Middle-Aged Men' - Nick Murnion, the Garfield County attorney and a lifelong resident of Jordan, says of the Freemen, “It’s like they’re brainwashed.” The Freemen represent maybe one percent of the town, Murnion says, but “they are causing misery for the whole county.” A Jordan resident who asks to remain anonymous says: “We’re tore up about it. A lot of us have family out there.” She says that the Freemen have rejected everyone who does not share their beliefs, even family members. “If we’re not with them, we’re against them,” she says. [Washington Post, 4/1996] Matthew Sisler, the lawyer who visited the Freemen last year, has a somewhat different view. When he saw the group of heavily armed men, he says he did not fear them: “What we saw was a bunch of sad, middle-aged men who had lost their homes, who had not paid loans back or taxes, and wanted someone to blame.” [Chicago Tribune, 4/19/1996]
Entity Tags: Nick Murnion, Sherry Matteucci, Rodney Owen Skurdal, Robert (“Bear”) Bryant, Matthew Sisler, Montana Freemen, Louis J. Freeh, FBI Hostage Rescue Team, Critical Incident Response Group, Daniel Petersen, Federal Bureau of Investigation, Lynn Davis, Jim Pate, LeRoy Schweitzer, Lavon T. Hanson, Janet Reno
Timeline Tags: US Domestic Terrorism
The reaction among various militia and anti-government groups to the standoff between the FBI and the Montana Freemen (see March 25, 1996) is mixed. Some militia and “common law” (see Fall 2010) organizations issue statements in favor of the Freemen, warning that the FBI will cause another bloody debacle similar to those experienced at Ruby Ridge, Idaho (see August 31, 1992), and Waco, Texas (see April 19, 1993). Some predict that the Freemen standoff is the first step in a federal clampdown on the “patriot” movement, and call themselves ready for violence and even civil war. Other militia organizations are more cautious. The Tri-States Militia, a loose confederation of several militia organizations (see October 1995 and After), issues a press release criticizing the Freemen and saying they find it “insulting and offensive that people who call themselves members of the patriot community have combined their ‘patriotic’ activities with a clear attempt to defraud banking institutions and individual citizens through the use of phoney [sic] and/or money orders coupled with force and threats.” The Tri-States and other militia groups contrast the Freemen with their own, presumably “constitutional,” militias. (Later it is learned that the FBI had contacted a number of militia groups before they moved against the Freemen, apparently in an attempt to forestall any rash actions on the parts of the militias.)
Montana Militia Reactions - The Montana Militia (sometimes called the Militia of Montana, or MOM—see January 1, 1994) is cautious, perhaps attempting to ascertain where public opinion is before taking a stand. MOM founders John and Randy Trochmann say the group has sent representatives to the scene to “monitor” the situation and talk to Freeman Dale Jacobi, who used to run a business near MOM’s Nixon, Montana, headquarters. The group issues a press release asking other militias to “stand down” and not come to Montana. John Trochmann even says: “I think the FBI has been handling it very patiently. I admire them for their patience. And they’ve had a tremendous amount of pressure from the public (see March 1996 and March 25, 1996), from the local law enforcement (see November 1995), and from their superiors in the FBI and the Justice Department. I think they’re caught between a rock and a hard place, and they’re doing the only thing they can do.” Other MOM members are less cautious. Militiaman Steve McNeil announces that he is leading a militia caravan to Jordan, Montana, in support of the Freemen; he is later arrested at the courtroom where two of the Freemen are being arraigned (see March 26, 1996) for violating his probation. Had McNeil managed to bring an actual caravan, he may have found himself in conflict with a cordon of some 30 local ranchers who have grouped together to stand up to any such militia operations. Local farmer Cecil Weeding later explains: “The militias will just pump more hot air into the Freemen and make it worse. There will be a clash if they get here. This country is sick and tired of that thing up there, and wants to get it over.”
'Operation Certain Venture' - Former MOM leader Norm Olson, perhaps looking for a way to re-enter the limelight after his recent disgrace (see Summer 1996 - June 1997), tells reporters that the FBI is seeking a way to massacre the Freemen with the complicity of the local and national media, and calls on militia organizations to converge on Montana. He even releases his plans for “Operation Certain Venture,” an unarmed convoy of food, mail, and other supplies (including what he calls “women’s necessities”) that he says will help prevent an FBI slaughter. April 19, the day of the Branch Davidian conflagration and the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), might be a good day to set forth, Olson suggests. Olson is joined by the Alabama-based Gadsden Minutemen, led by Jeff Randall; Randall issues a plea for “dedicated volunteers,” but notes that “arrest is possible, and the FBI could very well decide to shoot unarmed civilians.” Mike Kemp, founder of the Minutemen, promises “there won’t be another Waco unanswered. They are pushing us to a confrontation. If the shooting starts, it could get very ugly, very quickly.” Kemp says the entire issue is over a few debts, and says the situation can easily be handled in civil court. On CBS’s Face the Nation, Olson says that if Jordan “is going to be the place where the second American revolution finally culminates in war, then it’s good for a battlefield commander to be there to look at the logistics, to look at the needs, and to find out exactly what the situation is on the ground.”
Other Opinions - Lawyer Gerry Spence, who represented Randy Weaver after the Ruby Ridge debacle, compliments the FBI on its restraint. “Patriot” leader James “Bo” Gritz, who helped negotiate Weaver’s surrender, implies that he is available to help negotiate a surrender for the Freemen as well, warning that “the longer these people stay within those walls, the more determined they get,” and even condoning the use of armed force against them if necessary. Samuel Sherwood of Idaho’s United States Militia Association calls the Freemen charlatans and rogues, and tells a reporter: “We’ve told everybody to stay away. These people aren’t what they are purporting to be. They are not the innocent victims of oppression.” Some members of Gritz’s “patriot” commune in Kediah, Idaho, a subgroup calling themselves the “Freemen Patriots,” go against their leader and issue claims of support for the Freemen, adding that the FBI standoff is a trap to capture more “patriots” and claiming that US Special Forces units have already been deployed at the scene. Some of the “Freemen Patriots” announce plans to hold a protest rally in Lewistown, Montana, on April 1 to support the Freemen, and ask all supporters to come sporting white ribbons. “We support the God-given right of our Freemen Brothers at Jordan, Montana, to be heard in a righteous constitutional court of law,” they proclaim. However, on April 1, only a few people actually show up. Lewistown police officer Bob Long describes the scene as “five or six guys out there at a RV park south of town. Right now, there are more newspeople in town than Freemen.” One extremist militia member, Bradley Glover, urges an array of violence to be mounted on behalf of the Freemen, but gets little reaction (see Late March 1996).
Twos and Threes - However, a small number of militia members attempt to visit the compound, usually traveling in groups of two or three. Some are allowed to visit the Freemen, but most are turned away, particularly if they are armed. If they are carrying fuel, groceries, firearms, or ammunition, these supplies are confiscated. Oklahoma militia leader and fugitive Stewart Waterhouse, with another militia member, Barry Nelson, breaks through a roadblock and drives into the ranch to join the Freemen. [Mark Pitcavage, 5/6/1996]
Entity Tags: Stewart Waterhouse, Norman (“Norm”) Olson, Samuel Sherwood, Steve McNeil, Tri-States Militia, Montana Militia, Randy Trochmann, Mike Kemp, Dale Jacobi, Cecil Weeding, Bradley Glover, Bob Long, Barry Nelson, Federal Bureau of Investigation, Montana Freemen, John Trochmann, Gadsden Minutemen, James (“Bo”) Gritz, Jeff Randall, Freemen Patriots, Gerry Spence
Timeline Tags: US Domestic Terrorism
Daniel Petersen and LeRoy Schweitzer. [Source: Associated Press]The day after the FBI besieges the Montana Freemen compound (see March 25, 1996), federal indictments are unsealed charging Freemen leader LeRoy Schweitzer, along with Freeman Daniel E. Petersen Jr. and others, with conspiracy, mail and bank fraud, armed robbery, and threats against federal officials (see January 1994, June-July 1994, February - March 1995, May 1995, and September 28, 1995 and After). [Billings Gazette, 3/25/2006] Schweitzer was arrested after passing a fraudulent check to an undercover FBI agent. According to the indictment, Schweitzer gave an FBI agent a fake “comptroller’s warrant” for $3 million, in return for the profits made by selling imports bought with the $3 million. Had the scheme gone as planned, Schweitzer could have netted $1 million in cash from the operation. Lavon Hanson is charged with facilitating Schweitzer’s scheme. Some of the indictments have been pending for a long time; some of them apply to Freemen currently involved in the standoff with the FBI. Schweitzer, Petersen, Rodney Skurdal, Richard Clark, and Emmett Clark are charged with conspiracy to impede government function and threatening to assault, kidnap, and murder a judge and other government officials. The same five, along with John McGuire, Cherlyn Bronson Petersen, Agnes Bollinger Stanton, William Stanton (see October 17, 1994), Ebert Stanton, Ralph Clark (see 1980s-1994), and Dale Jacobi are charged with 51 counts of conspiracy to defraud and to obtain money through false pretenses, and interfering with commerce (see October 2, 1995). McGuire is in custody in another state; Stanton is behind bars. Ken Toole of the Montana Human Rights Network says of Schweitzer and the Freemen: “They have essentially drawn a line in the sand with law enforcement who have tried to enforce those laws. They have threatened local law enforcement and other public officials.” Addressing accusations that the FBI is harassing Schweitzer and his fellows for their beliefs, Toole says the indictments are “clearly a matter of what they have done, not what they believe.” [CNN, 3/28/1996; Mark Pitcavage, 5/6/1996] The arraignment hearing does not go well. Schweitzer and Petersen scream down the judge and other members of the court, shouting that the court has no jurisdiction over them and they will not listen to court officers. They demand a change of venue to “Justus,” and yell about “admiralty law” vs. “common law” and the fringed flag voiding any civil jurisdiction (see Fall 2010). The judge sends Schweitzer and Petersen into another room, and completes the arraignment without their participation, giving them written copies of the arraignment. Author Mark Pitcavage later notes that every court appearance by the Freemen is an opportunity for guerrilla theater. Soldier of Fortune writer Jim Pate later observes that their fanaticism is like a holy war (see April 1995). “Their political philosophy is based on their religious philosophy. And in that respect, they are very similar to the young man who was just convicted of murdering the prime minister of Israel (see November 4, 1995). They’re similar in the depth of their convictions to Hamas.” Musselshell County Attorney John Bohlman (see February - March 1995), learning of the FBI arrests, moves himself and his family from their Roundup, Montana, home, fearing Freemen retaliation; CB scanners pick up reports that the Freemen intend to come into Roundup and kill people, though none actually do. [Mark Pitcavage, 5/6/1996]
Entity Tags: Ebert Stanton, Richard Clark, Daniel Petersen, William Stanton, Cherlyn Bronson Petersen, Agnes Bollinger Stanton, Ralph Clark, Montana Freemen, Rodney Owen Skurdal, Dale Jacobi, Jim Pate, Federal Bureau of Investigation, Emmett Clark, Mark Pitcavage, LeRoy Schweitzer, John Bohlman, Ken Toole, John McGuire, Lavon T. Hanson
Timeline Tags: US Domestic Terrorism
FBI agents broadcast a television appeal for the Montana Freemen to voluntarily surrender (see March 25, 1996). US Attorney Sherry Matteucci promises that there will be no violence or harm done to them, saying: “All of us very much want this situation to be resolved peacefully. I urge them to come in and talk with me, talk with lawyers, talk with whomever they feel comfortable about this situation. We absolutely intend no harm to the persons who are on the current property. I assure them that we are doing everything possible to make certain that a dangerous situation does not develop up here.” Garfield County Sheriff Charles Phipps also asks the Freemen to surrender. The Freemen do not respond. As the standoff wears on, the Freemen will continue to be relatively unresponsive. [Mark Pitcavage, 5/6/1996]
As part of its far-flung raid against the Montana Freemen (see March 25, 1996), the FBI serves warrants on bank fraud specialist M. Elizabeth Broderick and over two dozen of her associates (see October 1995 - March 1997). Broderick declares the government has no authority to arrest or detain her. The FBI agents ignore her protests and seize boxes of evidence from the Essex House Hotel in Lancaster, California, where she runs her fraud seminars. Broderick is not arrested, but is ordered to appear in court (see April 1, 1996). [Mark Pitcavage, 5/6/1996]
Indicted Montana Freemen Daniel Petersen and LeRoy Schweitzer, who have previously attempted to disrupt court proceedings with shouts, curses, and specious legal wrangling (see March 26, 1996), remain quiet in the court while Judge Richard Anderson reads the indictment to them. However, when asked to enter a plea, Petersen shouts at Anderson that he wants “you to be an honest person and the rest of these perverts to be honest people.” Petersen is taken to a holding cell to watch the proceedings; Anderson enters “not guilty” pleas on their behalf. [Mark Pitcavage, 5/6/1996]
Richard Clark, a Montana Freeman not among the members besieged inside their compound (see March 25, 1996), surrenders to federal officials. When Clark is arraigned in federal court the next day, he refuses to accept a lawyer or to give his name, saying that his name is “private.” For a time, he refuses to eat. [Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006]
Timothy McVeigh and Terry Nichols, accused of carrying out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), are moved to a jail in Englewood, Colorado, in preparation for their upcoming trials. The two are flown into the Jefferson County Airport northwest of Denver in a Defense Department jet and then transferred to a helicopter, presumably for a flight to the federal prison in Englewood. Heavily armed guards seal the area as the two are transferred to the helicopter. [Associated Press, 3/31/1996; Fox News, 4/13/2005] McVeigh and Nichols will be tried in Denver (see February 20, 1996).
The FBI prevents a concerned father, Utah truck driver Steve Mangum, from entering the Freemen compound outside Jordan, Montana, currently surrounded by FBI and law enforcement agents (see March 25, 1996). Mangum is concerned for the safety of his ex-wife Gloria Ward and their daughter Jaylynn, who are in the compound. Mangum agrees not to try to enter, but says he is particularly worried about his daughter; he tells reporters that since his ex-wife joined the Freemen, his daughter has been taught “to hate blacks, taught to hate policemen, [and that] school was evil.” [Mark Pitcavage, 5/6/1996]
Indicted Freemen leader LeRoy Schweitzer (see March 26, 1996) declares himself on a hunger strike, and is remanded to a federal detention center in Springfield, Missouri, that handles sick prisoners, so his health can be monitored. Both Schweitzer and his colleague Daniel Petersen refuse to bathe or change their clothes. In the following days, Schweitzer will abandon his hunger strike. Petersen will issue a barrage of legal documents, including “writs of mandamus” demanding his immediate release and charges to be dropped. He will threaten US Attorney Sherry Matteucci with imprisonment and a $1,000/day fine if she does not let him go. [Mark Pitcavage, 5/6/1996]
Bradley Glover, a Kansas militia member (see October 1995 and After), faxes a pronouncement to other militia members titled “Operation Worst Nightmare,” in which he urges overt and violent support for the Montana Freemen, currently involved in a standoff with federal authorities (see March 25, 1996). Glover calls on militia units around the country to carry out a number of actions, from destruction of federal facilities to “confiscating” weapons from gun stores and even seizing jails, should the federal authorities use military force against the Freemen. “We must make every effort to avoid open conflict at all costs,” he writes, “but let us be clear if the federal [sic] step across this line [using military force] the constitutional militia have no choice.” Glover is not trusted by many in the militia community, and his call to action receives little support. [Mark Pitcavage, 1997]
M. Elizabeth Broderick, under investigation for a massive Freemen-inspired check fraud scheme (see March 27, 1996), fails to appear in court to answer charges filed against her. Neither do her accomplices, Adolf Hoch and Laura Marie Hoey, appear. A woman who refuses to give any other name than “Myra” appears on their behalf and says she is filing a response to the injunction prepared by Broderick’s attorney. Judge William Keller issues injunctions against Broderick filing fraudulent liens against a postal service employee and against her distributing fraudulent checks. Broderick continues giving her seminars teaching people how to defraud banks (see October 1995 - March 1997), but stops handing out checks. “I am just appalled to think that a federal judge, someone who we’re supposed to admire and respect, is committing a fraud,” she says. [Mark Pitcavage, 5/6/1996]
Theodore ‘Ted’ Kaczynski, accused of killing two people and injuring 29 as part of the ‘Unabomber’ crime spree, shown shortly after his arrest. He is wearing the orange prison garb issued to him by Montana authorities. [Source: Associated Press]Theodore “Ted” Kaczynski, a former University of California at Berkeley mathematics professor who now lives as a recluse in a one-room, 10-foot by 12-foot cabin in the mountains outside Lincoln, Montana, is arrested for possession of bomb components. He is subsequently proven to be the “Unabomber” (see January 22, 1998). Kaczynski is turned in to law enforcement officials by his brother David Kaczynski, who believes Kaczynski’s writings bear a marked resemblance to the Unabomber’s recently published manifesto (see September 19, 1995 and January-March 1996 and After). [BBC, 11/12/1987; Washington Post, 1998; KSPR-TV, 2011]
Tiny Cabin Filled with Evidence - The cabin lacks indoor plumbing and running water. Among other items, the cabin contains a potbellied stove, which Kaczynski used to both heat the cabin and melt the metals used in making his bombs; a hooded sweatshirt similar to the one he is depicted as wearing in the now-infamous FBI sketch released of him years earlier (see February 20, 1987); the typewriter used to type his “manifesto”; books on bomb-making and many other subjects; a homemade pistol; and other more mundane items. [Washington Post, 4/4/1996; KSPR-TV, 2011] In the days after the arrest, the FBI will reveal that two live bombs found in the cabin are nearly identical to lethal devices used by the Unabomber in 1994 and 1995, though the bureau will not give more specifics about the bombs found. “It was as if once he found the right design, he stuck with it,” an FBI official will say. [New York Times, 4/8/1996] The evidence found in the cabin sheds light on Kaczynski’s motivations for the bombings (see April 3, 1996).
FBI Had No Leads - Kaczynski is responsible for killing Hugh Scrutton and two other people (see December 10, 1994 and April 24, 1995) and injuring 29 others between 1978 and 1995. FBI officials later say that while they have tracked thousands of leads over Kaczynski’s 18-year bombing spree, they had no real clues as to his identity before his brother stepped up to identify him as a possible suspect. David Kaczynski later says that he was not sure his brother was the bomber for a very long time: “I had never seen him violent, not toward me, not toward anyone. I tended to see his anger turned inward,” he will say. [Washington Post, 4/13/1996; Washington Post, 8/21/1998]
Arrest Uneventful - The arrest comes after weeks of intensive, if unobtrusive, surveillance by the FBI along with postal inspectors and explosives specialists. Disguised as lumberjacks and outdoorsmen, the agents began slipping into Helena and the tiny hamlet of Lincoln, some 50 miles northwest of Helena and not far from the cabin. The agents learned more about Kaczynski from local residents, and found that he is essentially a hermit who rarely leaves the property. FBI snipers moved in close to the cabin and staked it out for weeks, communicating with their commanders by encrypted radios. Mostly they watched as Kaczynski tended his garden and retrieved provisions from his root cellar; during the time he was under surveillance, he never left the property. On April 3, the agents finally move in, with 40 men in body armor surrounding the cabin and proffering a search warrant. An Army ordnance team accompanies the agents, with the duty of searching for booby traps; none are found. When Kaczynski sees the agents, he tries to withdraw inside the cabins, but is restrained. Once the agents have him, Kaczynski puts up no further resistance, and as one official says, becomes “quite personable, and well spoken.” He immediately asks for a lawyer, and refuses to answer questions, though he engages in pleasant small talk with the agents. A law enforcement official, noting that the FBI and other law enforcement agencies have collected a huge amount of physical and forensic evidence over the 17-year span of bombings, says, “We always believed there would come a day when all these many bits of information would begin to come together and that day was the day we executed the search warrant.” [New York Times, 4/4/1996]
When the FBI arrests “Unabomber” suspect Theodore “Ted” Kaczynski, a former University of California at Berkeley mathematics professor, in his tiny cabin outside Lincoln, Montana (see April 3, 1996), they also find a wealth of evidence that gives some indications as to why Kaczynski may have carried out the bombings. Some of the documents found in Kaczynski’s cabin relate directly to Kaczynski’s plans and executions of his bombing plots. Most of the documents are journals and diaries kept in at least 10 three-ring binders; some are written in Spanish and others in an easily decipherable code. They include explicit admissions, sometimes even boasts, of his crimes. According to federal prosecutors, some of the documents “reflect, in both word and deeds, the defendant’s hatred of anyone who interferes with the way he wants to live his life and his anti-technology views.” They cover his experimentation with various types of bombs, his methods of constructing explosive devices, and commentary on the outcome of his attacks. One journal entry regards the murder of computer store owner Hugh Scrutton (see December 11, 1985). Of that bombing, Kaczynski wrote: “Experiment 97. Dec. 11, 1985, I planted a bomb disguised to look like a scrap of lumber behind Rentech computer store in Sacramento. According to San Francisco Examiner, Dec. 20, the ‘operator‘… was killed, blown to bits.… Excellent! Humane way to eliminate someone. Probably never felt a thing.” He referred to a $25,000 reward by writing, “Rather flattering.” An earlier entry references the bomb that injured United Airlines president Percy Wood (see June 10, 1980): “After complicated preparation I succeeded in injuring the Pres of United A.L. but he was only one of a vast army of people who directly or indirectly are responsible for the jets.” [New York Times, 4/5/1996; Washington Post, 11/9/1997; Washington Post, 1/23/1998] Kaczynski’s journals reveal something of his inner motivations for his bombings. “I believe in nothing,” he wrote. “I don’t even believe in the cult of nature-worshipers or wilderness-worshipers.” Of his killings, Kaczynski wrote, “My motive for doing what I am going to do is simply personal revenge.” [Washington Post, 5/5/1998] However, his “manifesto” as published by the Washington Post gives some clues as to the political and social impetus for the bombings (see September 19, 1995).
Two people voluntarily leave the Freemen ranch near Jordan, Montana, currently surrounded by FBI and law enforcement agents (see March 25, 1996). Val Stanton and her young daughter Mariah leave. Stanton is not wanted on any charges. Some believe that their departures trigger the departure of Ebert and Agnes Stanton; they leave three days later, and are taken into custody. Agnes Stanton is released from jail, ordered to remain in “house arrest” at the residence of her son in Billings, Montana, and given an electronic ankle monitor. Ebert Stanton is denied bail. [Associated Press, 4/6/1996; Mark Pitcavage, 5/6/1996]
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