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Context of 'March 27, 2001: Magazine Publishes Prison Letters from Convicted Oklahoma City Bomber'

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Mildred Frazer, the mother of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), says she blames the government and the news media for both McVeigh’s conviction and his death sentence (see June 11-13, 1997). She tells an ABC News interviewer: “Since my son—the day he was arrested—I feel that it was done, that he was convicted and sentenced to death by the media and the government. I’m not saying he didn’t have a fair trial. I’m just saying that I don’t think that it was done right from the beginning.” [Washington Post, 6/14/1997] During the sentencing hearing hours before, Frazer read a brief statement to the jury that she again shares with reporters. It reads in part: “I cannot even imagine the pain and suffering the people from Oklahoma City have endured since April 19th of 1995. This tragedy has affected many people around the world, including myself. I also understand the anger many people feel. I cannot tell you about Tim McVeigh, the son I love, any better than it already has been told the last three and a half days. He was a loving son and a happy child as he grew up. He was a child any mother could be proud of. I still to this very day cannot believe he could have caused this devastation. There are too many unanswered questions and loose ends. He has seen human loss in the past, and it has torn him apart. He is not the monster he has been portrayed as. He is also a mother and father’s son, a brother to two sisters, a cousin to many and a friend to many more.” [Serrano, 1998, pp. 311]

Entity Tags: Timothy James McVeigh, ABC News, Mildred (“Mickey”) Frazer

Timeline Tags: US Domestic Terrorism

Many legal experts say Timothy McVeigh’s defense lawyers may have inadvertently helped sentence their client to death (see June 11-13, 1997). At McVeigh’s behest, the defense lawyers’ strategy was to paint McVeigh as a political idealist who believed that the government’s actions at Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and the Branch Davidian compound near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), constituted the first wave of a larger assault by the government against its citizenry. Instead, many analysts say, the jury may have taken account of those beliefs in deciding McVeigh deserved to die. Law professor Laurence H. Tribe says, “The more he seemed like a person who misguidedly, but deliberately, schemed a form of revenge that involved the sacrifice of innocent life, the less likely the jury was to spare his life.” Fellow law professor Erwin Chemerinsky agrees, saying: “We especially want to deter people from thinking they can commit mass murder in the name of politics. My guess is that the defense was hoping that the jury would see this as a person outraged and maybe feel more empathy with him. I certainly think that from the defense perspective it was a counterproductive instruction.” Tribe believes McVeigh himself insisted that his lawyers emphasize his political ideology, saying: “Clearly Mr. McVeigh was unwilling to portray any kind of remorse through his demeanor or what he would allow his lawyers to argue. They must have decided that their only remaining recourse was to make what he did understandable, if outrageous.” [New York Times, 6/14/1997] McVeigh’s mother blames the government and the news media for McVeigh’s conviction and death sentence (see June 13, 1997).

Entity Tags: Timothy James McVeigh, Laurence Tribe, Erwin Chemerinsky

Timeline Tags: US Domestic Terrorism

According to an analysis by the New York Times, many questions remain unanswered in the aftermath of the conviction and death sentence of Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Who, if anyone, helped McVeigh assemble the bomb? Did McVeigh receive help from co-conspirator Terry Nichols alone (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or did he receive help from his friends in the militia and white supremacist movements (see (April 1) - April 18, 1995)? Was there a larger conspiracy that the McVeigh trial failed to uncover? In sentencing hearings, McVeigh’s lawyer Stephen Jones hinted at just such a conspiracy (see June 11-13, 1997), echoing assertions he and his fellow lawyers made during the trial—that McVeigh was part of a larger, shadowy conspiracy (see April 24, 1997). Jones asked jurors to spare McVeigh’s life in the hope that McVeigh may at some future date reveal the details of that alleged conspiracy, saying: “The chapter—the book of the Oklahoma City bombing—is not closed. Do not close it. Do not permit others to close it. Let there be a full accounting, not a partial accounting.” Prosecutor Joseph H. Hartzler chose from the outset to focus strictly on McVeigh and eschew attempting to prove the existence of a possible conspiracy. While Jones and his fellow lawyers were not allowed to present what they called evidence of a “global” conspiracy involving McVeigh, Jones’s media comments, including one assertion that both McVeigh’s co-conspirators and the federal government want McVeigh executed to keep him quiet, are fueling conspiracy theories among right-wing militia groups. Within the Justice Department, many argued that McVeigh may well have been part of just such a conspiracy, though evidence of that conspiracy was thin at best and the department is not conducting an investigation into any such possibility. It is possible that the upcoming trial of Nichols may shed more light on the issue. [New York Times, 6/15/1997] Oklahoma Representative Charles R. Key (R-Oklahoma City) wants McVeigh to face a state trial before his execution in order to explore his theory that the government covered up evidence of a conspiracy, and even that government officials knew the bombing was coming and did nothing to stop it. Key has succeeded in having a district judge order the empaneling of a grand jury to look into his allegations. Key’s lawyer, Mark Sanford, tells a local reporter that he hopes the grand jury will identify the notorious “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), saying: “I am glad someone is going to start looking into the investigation the federal jury never got into. Maybe we will get some answers. We know there is a John Doe No. 2. We have to get everybody who participated. They all have to be punished for what they did.” [New York Times, 6/15/1997] Key is involved with right-wing militia groups (see July 17, 1998).

Entity Tags: Stephen Jones, Charles R. Key, Joseph H. Hartzler, New York Times, Terry Lynn Nichols, Timothy James McVeigh, Mark Sanford

Timeline Tags: US Domestic Terrorism

The US Senate votes 98-0 to bar burial and other veterans benefits for anyone found guilty of capital offenses. The measure is directed at former Army Sergeant Timothy McVeigh, recently sentenced to death for killing eight federal employees in the Oklahoma City bombing (see June 11-13, 1997), to prevent him from being buried in a military cemetery after he is executed. [Chicago Sun-Times, 6/19/1997] Six days later, the House of Representatives votes to approve a similar resolution sponsored by Spencer Bachus (R-AL). Bachus says his bill was motivated not only by McVeigh, but by another crime: the 1981 slaying of an African-American teenager by Ku Klux Klan members. One of those convicted in the slaying, Henry Francis Hays, was executed and then buried in a Mobile, Alabama, military ceremony with full honors. Hays served briefly in the US Army in the early 1970s. “In a military ceremony, we said to our children and our grandchildren, ‘We’re overlooking this [crime], this is a good soldier,’” Bachus says. The Hays burial caused people to ask: “Who is entitled to a hero’s funeral? Who are our heroes?” As a decorated veteran of Desert Storm, McVeigh could have asked to be buried in Arlington National Cemetery. [Deseret News, 6/24/1997; Associated Press, 6/24/1997] McVeigh’s lawyer Stephen Jones calls the legislation a non-issue, saying his client has not asked to be buried in a military cemetery or to be buried with honors: “The controversy about Mr. McVeigh’s burial in a national cemetery is a classic straw man argument. Mr. McVeigh has not demonstrated any intent or desire to be buried in a national cemetery. The politicians are simply flogging this issue for votes when they should be concerned with the legitimate problems of the country. Mr. McVeigh hasn’t been formally sentenced to die yet. He has not lost his appeals, and moreover, he has not been executed yet.” [Rocky Mountain News, 6/20/1997]

Entity Tags: US Senate, Spencer Bachus, Henry Francis Hays, Timothy James McVeigh, Stephen Jones, US House of Representatives

Timeline Tags: US Domestic Terrorism

A.M. Rosenthal.A.M. Rosenthal. [Source: Schema Root (.org)]New York Times executive editor and columnist A.M. Rosenthal writes an excoriating op-ed column about the “traitor movement” that he says impelled Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to carry out the bombing of a federal building and kill 168 people (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Neither Congress, state governments, law enforcement agencies, nor American political parties have “done their duty,” he writes, in protecting the citizenry from what he calls “the gangs of armed racists who conceived and organized the crusade that inspired” McVeigh. “Since that day,” Rosenthal writes, “nothing has been done that diminishes the vivid likelihood that these gangs will carry out or inspire other bombings in other cities. They call themselves militia and patriots. But they are exactly what a prosecutor said about Timothy McVeigh—traitors. They talk and think like sick paranoids, which they are. But they know what they are doing. They are trying to inject civil servants with terror, prevent state governments from functioning, and eat away at American confidence in the ability of government to protect the citizenry and itself.” The “patriot movement” continues to, among other things, buy and distribute explosives for more bombings, cheat on their taxes, and commit an array of crimes, from money laundering to robbery to violent attacks on law enforcement officials and even murder. Most state law enforcement agencies are “paralyzed” by inaction, Rosenthal writes, with many state attorneys general refusing to enforce state legislation against militia and paramilitary “gangs.” Gun-rights advocates argue against any laws against gun distribution or ownership, Rosenthal writes, and as a result the most violent and deranged racists and anti-government activists have no problem assembling their own arsenals. In many instances, he writes, local militia organizations outgun the local and even state police. President Clinton spoke out against militias in the days after the Oklahoma City bombing, but, Rosenthal writes, he was drowned out by “politicians, lobbyists, and journalists who wanted him defeated in 1996 [calling him] a vote-hunting manipulator.… Since then there has been not much leadership from the president against armed racism and rebellion, no plan of action.” It is up to the press, he writes, to “report the importance” of the government’s failure to take action against the militia, and the public to “raise a gigantic fuss about the country’s collective refusal to do anything but shake its head and wipe its eye.” [New York Times, 6/20/1997]

Entity Tags: A. M. Rosenthal, Timothy James McVeigh, New York Times

Timeline Tags: US Domestic Terrorism

A grand jury convenes to investigate allegations that a larger conspiracy surrounds the 1995 bombing of a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), perhaps involving a federal government cover-up. Militia member Timothy McVeigh was convicted (see June 2, 1997) and sentenced to death (see June 11-13, 1997) for carrying out the bombing; his alleged co-conspirator Terry Nichols awaits trial for his role in the bombing. State Representative Charles R. Key (R-Oklahoma City) and accountant Glenn Wilburn, who lost two grandsons in the blast, gathered 13,500 signatures on a petition to force the review. (Wilburn became involved when private investigator J.D. Cash began his own investigation, fueled by his belief that McVeigh either had no involvement in the bombing or was part of a larger conspiracy. Cash is a strong advocate of the “John Doe No. 2” theory, which states that the putative, never-identified Doe No. 2 suspect “proves” the existence of a wider conspiracy—see June 14, 1995 and January 29, 1997). Both Key and Wilburn allege that the federal government had prior knowledge of the bombing (see June 15, 1997); Key is involved with right-wing militia groups (see July 17, 1998). Twelve jurors are selected in less than three hours. Prosecutor Pat Morgan questions jurors about their backgrounds, their acquaintance with victims of the explosion, and their views of the case. Five jurors know someone killed or injured in the bombing, or someone who participated in the rescue. One prospective member, Ben Baker, says the grand jury is unnecessary: “Everybody I’ve talked to believes this is kind of a waste of time and taxpayers’ money. I believe the same thing.” Federal officials have long stated that they doubt anyone besides McVeigh and Nichols was involved in the bombing plot, though circumstantial evidence exists of white supremacist militia involvement on some level (see (April 1) - April 18, 1995). Oklahoma City District Attorney Robert Macy, who will advise the grand jury, has already promised to file state murder charges against both McVeigh and Nichols. Macy originally opposed the grand jury, but now says he hopes it will “find out what the truth was in the Oklahoma City bombing, if there is any additional evidence.” Oklahoma Attorney General Drew Edmondson calls the grand jury investigation a waste of time and taxpayer money. “The notion that it can learn something that the FBI was unable to learn, is, I think, ludicrous,” he says. “The witnesses that Mr. Key is talking about, we know who they are, we know what they have to say. That doesn’t get us any closer to knowing the truth of it, hearing them say it again.” The grand jury petition names seven witnesses who have said they saw at least one other person with McVeigh in Oklahoma City on the day of the bombing. None of those witnesses were called before the federal grand jury that indicted McVeigh and Nichols (see August 10, 1995). [Deseret News, 6/30/1997; New York Times, 7/1/1997; Serrano, 1998, pp. 266]

Entity Tags: Pat Morgan, Charles R. Key, Ben Baker, Drew Edmondson, J.D. Cash, Robert (“Bob”) Macy, Terry Lynn Nichols, Glenn Wilburn, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Lawyers for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) ask Judge Richard P. Matsch for a new trial. They cite a number of reasons for the request, including what they call juror misconduct. Lead lawyer Stephen Jones says that jurors violated an order by Matsch not to discuss the case among themselves before they began their deliberations, referring to a conversation held on May 9 in which one juror allegedly said during a break, “I think we all know what the verdict should be.” Matsch was made aware of the conversation and decided it warranted no action. However, Jones says the conversation proves that McVeigh did not have “an impartial jury.” Jones also says McVeigh was denied a fair trial by Matsch’s ruling that the defense could not introduce into evidence a Justice Department report that criticized practices at the FBI crime laboratory (see January 27, 1997 and April 16, 1997). Jones also attacks Matsch’s refusal to allow the testimony of federal informant Carole Howe (see May 23, 1997), which might have led the jury to conclude that “the government failed to investigate leads which concerned a larger conspiracy to bomb the Federal Building in Oklahoma.” Matsch ruled that Howe’s testimony would have been irrelevant to the charges against McVeigh. “Had the defense been allowed to admit Howe’s testimony and present evidence that others may have committed the bombing,” Jones argues, “the seeds of reasonable doubt would have been planted in the minds of the jurors.” [New York Times, 7/8/1997] Prosecutors will oppose the request, calling the trial “scrupulously fair” and “close to perfect” in its handling. [New York Times, 7/25/1997] Matsch will deny the request (see August 12, 1997).

Entity Tags: Carole Howe, US Department of Justice, Stephen Jones, Richard P. Matsch, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The lawyer for alleged Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), Michael Tigar, asks that his client be granted a change of venue for his upcoming trial. Tigar argues that Nichols cannot receive a fair trial in Denver due to bomber Timothy McVeigh’s recent conviction and sentencing in that city (see June 2, 1997 and June 11-13, 1997). “Media coverage has now made it impossible for a jury in this district to make, if called upon, the reasoned moral response required by the cases,” Tigar argues in his brief. Tigar’s brief is accompanied by three bound documents filled with media coverage research. Prosecutors argue that Nichols can receive a fair trial: prosecutor Sean Connelly responds, “There is no reason to believe that Colorado jurors now lack the same ability fairly to decide Nichols’s guilt and punishment that was exhibited in the trial of his co-defendant McVeigh.” Tigar asks that the trial be moved to San Francisco; prosecutors say that Tigar wants the trial moved to a venue where the jury would be less likely to consider the death penalty if Nichols is convicted. Tigar’s arguments are much the same as those advanced by him and McVeigh’s legal team when McVeigh’s trial was moved from Oklahoma City to Denver (see February 20, 1996). “This community has come to share the characteristics identified by this court in its Feb. 20, 1996, opinion,” Tigar writes. [New York Times, 8/13/1997; New York Times, 8/14/1997] Judge Richard P. Matsch will deny the request four days later. [New York Times, 8/16/1997]

Entity Tags: Terry Lynn Nichols, Michael E. Tigar, Sean Connelly, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Judge Richard P. Matsch denies a bid by lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) to disqualify US Attorney Patrick M. Ryan from serving in the trial. Ryan, the US Attorney from Oklahoma City, might cry during Nichols’s trial, Nichols’s lawyers argue, as he did during the trial of Nichols’s alleged co-conspirator, Timothy McVeigh (see June 2, 1997), and thus unduly influence the jury. Ryan wept during his questioning of a witness who was testifying about the death of a little girl in the bombing (see May 3, 1997). Ryan says of the questioning: “I recognize my voice quivered. I stopped for about 10 seconds to try to regain control.” Matsch asks Ryan, “Do you believe you can participate in the trial of Terry Nichols with the necessary detachment required of a trial advocate?” Ryan says that he can, and pledges “proper decorum” during the trial; Matsch then denies the request. Matsch does grant a defense request to hold a hearing about what use the FBI made of correspondence it had seized belonging to Nichols. Defense attorney Michael Tigar presents testimony that shows officials of the Bureau of Prisons made copies of Nichols’s correspondence with his son, Josh, his wife, Marife, his mother, and some close friends in Michigan. Tigar says he protested the handing over of that correspondence to the FBI. Prosecutor James Orenstein tells Matsch that prison officials had the authority to give copies of the correspondence to the FBI, but admits the correspondence gave them nothing useful. Matsch rules: “We’re entitled to find that out. We’re going to hold a hearing and find out what was done with the mail.” [New York Times, 8/14/1997]

Entity Tags: Patrick M. Ryan, James Orenstein, Joshua Nichols, Michael E. Tigar, Richard P. Matsch, Timothy James McVeigh, Marife Torres Nichols, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), facing execution for his crimes (see June 11-13, 1997), is officially sentenced to death by Judge Richard P. Matsch. The hearing is a formality, as a jury sentenced McVeigh to death the day before; the entire proceeding takes nine minutes. Before Matsch pronounces sentence, he allows McVeigh to speak on his own behalf. McVeigh does so—briefly and cryptically. McVeigh says: “If the court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote: ‘Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.’ That’s all I have.” McVeigh is referring to a dissent written by Supreme Court Justice Louis D. Brandeis in a 1928 decision, Olmstead v. United States, which upheld the use of wiretap evidence. Brandeis’s dissent said that the government may not commit crimes to enforce the law, and warned of “terrible retribution” if it did. Stephen Jones, McVeigh’s lead lawyer, refuses to speculate as to why McVeigh chose to use that quote, though Jones says it is a favorite of his client. McVeigh believes the government broke the law in the Branch Davidian siege (see April 19, 1993 and April 19, 1993 and After). Jones’s defense partner, Christopher Tritico, tells reporters he is unfamiliar with the quote and will have to look it up. US Attorney Patrick M. Ryan, part of the prosecution team, later says that McVeigh’s remarks were so fleeting that “I didn’t catch it all.” Many families of the bombing victims find McVeigh’s quote cryptic and unclear. Roy Sells, who lost his wife in the bombing, says: “I don’t know if he was referring to the Waco deal or what. I wish he would’ve quoted something from his own heart instead of out of somebody else’s book. I wanted to hear what he had to say about it.” A survivor of the bombing, Paul Heath, says McVeigh’s statement makes it clear he remains unrepentant and still considers himself a revolutionary. During the proceeding, Matsch asks McVeigh for permission to release a letter McVeigh wrote to him on June 22, which asked that Jones be replaced by other lawyers from the defense team for his appeals: Richard Burr, Robert Nigh Jr., and Randall Coyne. The letter was not specific about McVeigh’s reason for requesting Jones’s removal, but cited “problems and difficulties I have had with my appointed counsel in the past.” McVeigh will publicly blame Jones for “screwing up” his trial, and has reportedly told a Buffalo News reporter that he believes Jones repeatedly lied to him about unnamed aspects of the trial (see August 14-27, 1997). Jones merely reminds reporters: “I did not seek this appointment. I am, as I said, a draftee” (see May 8, 1995). [New York Times, 8/14/1997; Serrano, 1998, pp. 320; University of Missouri-Kansas City School of Law, 2006; University of Missouri-Kansas City School of Law, 2006] McVeigh will later explain his choice of quote to Buffalo News reporter Lou Michel. “I want people to think about the statement,” McVeigh will say. “What [lead prosecutor Joseph] Hartzler is trying to do is not have people learn. He wants to have them put their heads in the sand.” The Brandeis quote, McVeigh will say, reflects on the death penalty: the government says it is wrong for McVeigh to have killed, and yet “now they’re going to kill me. They’re saying that’s an appropriate way to right a wrong?” [Serrano, 1998, pp. 321]

Entity Tags: Paul Heath, Lou Michel, Joseph H. Hartzler, Christopher L. Tritico, Patrick M. Ryan, Timothy James McVeigh, Roy Sells, Richard Burr, Richard P. Matsch, Stephen Jones, Robert Nigh, Jr, Randall Coyne, Louis Brandeis

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) concedes that his chances of avoiding execution through an appeal are “slim to none.” In a jailhouse interview published in the Buffalo News, McVeigh says the government’s evidence against him was problematic: “Some of it was false or some could be reasonably explained by other phenomenon.” McVeigh says that lab tests could have shown that the traces of explosive materials found on his clothes when he was arrested came from his own handgun. “What does that tell you about the objectivity of the FBI lab?” he asks (see January 27, 1997). [Mayhem (.net), 4/2009]

Entity Tags: Timothy James McVeigh, Buffalo News

Timeline Tags: US Domestic Terrorism

Adam Thurschwell, an attorney for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), “concede[s]” that Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) carried out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) “and did so for reasons that are crystal clear,” but says there is no proof his client participated in the plot. [Mayhem (.net), 4/2009]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Adam Thurschwell

Timeline Tags: US Domestic Terrorism

The upcoming trial of Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is expected to be fundamentally different from the trial of Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), according to a New York Times analysis. The charges against Nichols will be much the same—eight federal counts of murder and three conspiracy charges—but the case will include different evidence and different witnesses. Nichols was not in Oklahoma City on the day of the bombing; according to his lawyer Michael Tigar, Nichols had withdrawn from the bombing conspiracy (see March 1995), and was at his Kansas home with his family on the days preceding the bombing as well as on the morning of the bombing (see May 25 - June 2, 1995). The evidence against Nichols is strong, prosecutors say, but mostly circumstantial. And the case will hinge on evidence not introduced at McVeigh’s trial, including Nichols’s alleged participation in a robbery that prosecutors say helped fund the bombing (see November 5, 1994 and Before July 3, 1995). Much of the evidence that will be introduced against Nichols derives from a nine-hour interview Nichols gave to FBI agents two days after the bombing, when he voluntarily turned himself in for questioning (see 3:15 p.m. and After, April 21-22, 1995). Notes from that interview were not allowed to be used in the McVeigh trial because Nichols could not be compelled to testify, but Judge Richard P. Matsch has ruled that they may be introduced against Nichols. Some discrepancies exist between the government’s timeline of events and the evidence, such as an April 16, 1995 telephone call that prosecutors say McVeigh made to Nichols from Oklahoma City (see April 16-17, 1995); that phone call did not come from Oklahoma City, but from an outdoor pay phone near Nichols’s home in Herington, Kansas. Prosecutors believe Nichols lied to the FBI about the extent and purpose of his contacts with McVeigh in April 1995. [New York Times, 8/29/1997]

Entity Tags: Richard P. Matsch, Michael E. Tigar, New York Times, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Larry Mackey.Larry Mackey. [Source: Washington Post]Lawyer Larry A. Mackey, the lead prosecutor in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), is profiled by the New York Times. Mackey played what the Times calls “a major, though low-profile role in the first Oklahoma City bombing trial” of Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997), and delivered the closing argument in that trial (see May 30, 1997). Mackey had not planned on being involved in the Nichols trial, but honored a request from Attorney General Janet Reno to head the prosecution. McVeigh’s lead lawyer Stephen Jones calls Mackey “very professional,” and says: “He honors his word. If he tells you something, you can bank on it.” Former US Attorney Gerald D. Fines says of Mackey, “He is the most thorough and best-prepared lawyer I have seen in the government or private practice.” [New York Times, 11/1/1997]

Entity Tags: New York Times, Gerald D. Fines, Larry A. Mackey, Stephen Jones, Janet Reno, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The federal trial of Oklahoma City bombing co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) begins. As with Nichols’s accused co-conspirator Timothy McVeigh, recently convicted of murder and conspiracy surrounding the bombing (see June 2, 1997), the trial takes place in Denver, and is presided over by Judge Richard P. Matsch. Nichols faces the same eight counts of murdering federal officials and three counts of conspiracy that McVeigh was convicted of, and like McVeigh, he faces the death penalty if convicted. [New York Times, 11/4/1997; Douglas O. Linder, 2001] The jury consists of seven women and five men. It includes two bus drivers; a day-care worker; a bank clerk; a soda machine installer; a telemarketer; a loading-dock worker; a maintenance employee; an obstetrics nurse; a remedial reading tutor; a contract seamstress, whose husband is a corrections officer; and a geophysicist. Two members of the jury are African-American. As with the McVeigh jurors, their identities are concealed. Legal analysts say there is far less direct evidence of Nichols’s guilt than existed to use against McVeigh. [Washington Post, 10/31/1997; Fox News, 4/13/2005] Prosecutors tell the jury that Nichols worked “side by side” with McVeigh to build the bomb that destroyed the Murrah Federal Building. For his part, Nichols’s lawyer Michael E. Tigar says Nichols had nothing to do with the bomb plot, and is a victim of McVeigh’s deceit and a web of misleading circumstantial evidence. Lead prosecutor Larry Mackey (see October 31, 1997) says that the deceit was on the part of Nichols. Mackey acknowledges that Nichols was at his Herington, Kansas, home on the morning of the bombing: “Terry Nichols had planned it just that way,” he says. But Nichols had been involved in every aspect of building the bomb and plotting the attack. The prosecution’s case is far broader in its scope than the more narrowly focused case against McVeigh (see August 29, 1997). Tigar indicates that he plans to challenge what he calls the “junk science” used by the prosecution to forensically prove Nichols’s involvement in building the bomb. [New York Times, 11/4/1997]

Entity Tags: Timothy James McVeigh, Michael E. Tigar, Larry A. Mackey, Richard P. Matsch, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses, people who either lived through the bombing or who lost family members or friends. Unlike the heart-rending tales told throughout the trial of Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), the stories told today are strictly curtailed in order to restrict emotional reactions from jurors. Four jury members weep anyway during the recountings. Judge Richard P. Matsch, ruling in favor of a defense motion, has precluded “overly emotional” testimony, telling jurors this morning, “You have to consider it and not consider the emotions of it.” Matsch explains that testimony from survivors is being introduced only to establish who had died and how their deaths had affected the performance of the federal government, important elements in the indictment (see August 10, 1995), which charges not only murder but also a crime that interfered with interstate commerce. Witnesses stick closely to the bare facts and eschew the emotional stories and vignettes that were prominently featured during McVeigh’s trial. Even so, the testimony of survivor Helena Garrett, who testified during McVeigh’s trial (see April 25, 1997), moves some jurors to tears as she tells of waiting for rescue personnel to find her infant son, Tevin, who died in the blast. She says one child “looked as if she’d been dipped in blood,” and talks of the “line” made “of our babies” by rescue personnel who brought out the dead and injured children from the blasted Murrah Federal Building. [New York Times, 11/5/1997]

Entity Tags: Timothy James McVeigh, Helena Garrett, Richard P. Matsch, Tevin Garrett, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) attempts to prove that Nichols bought and stored the fertilizer used to make the bomb. [New York Times, 11/7/1997]
Buying Fertilizer from a Kansas Co-op - The prosecution puts two Kansas men on the stand who, the prosecution says, sold the fertilizer used to bomb the Murrah Federal Building to Nichols and his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Both salesmen, Jerry Showalter and Frederick A. Schlender Jr., worked at the Mid-Kansas Cooperative in McPherson, Kansas, when someone calling himself “Mike Havens” bought 4,000 pounds of ammonium nitrate in 80 50-pound bags in September and October 1994. Neither Showalter nor Schlender can identify Nichols or McVeigh as the buyer, but both say the buyer was “Havens,” a name federal investigators believe was used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). Both testify that they are certain “Havens” was not McVeigh. And they both say they offered “Havens” a less expensive, more efficient alternative to the ammonium nitrate, which he declined. Investigators found a receipt listing Havens as the buyer of the fertilizer in Nichols’s kitchen after the bombing (see May 1, 1995), a fact testified to by one of the FBI agents who found the receipt. Showalter recalls receiving a telephone call on September 29, 1994 from the manager of another branch of the co-op; the manager said he had a customer looking for two tons of ammonium nitrate. Showalter later sold the fertilizer to “Havens”; he gives a description of the man that could fit Nichols. Schlender testifies that he loaded the first ton of fertilizer on a red trailer pulled by a dark pickup truck with a light-colored camper top. He testifies that “Havens” was alone. Schlender concedes to defense lawyers that his descriptions of “Havens” have varied somewhat over time. He originally told the FBI that “Havens” was six feet tall; now he says that the man was anywhere between 5’8” and six feet tall. He also originally described the truck as a Dodge with Kansas plates; Nichols owned a GMC truck with Michigan plates. Schlender says he sold the second ton of fertilizer to “Havens” on October 18, loading it on the same trailer. The second time, he testifies, “Havens” was accompanied by another man, white and about six feet tall. Robert Nattier, president of the co-op, testifies that the “Havens” order was unusually large, and that most customers just buy a few bags for their lawns. Another FBI agent who analyzed the co-op’s receipts testifies that only a country club and a pipeline company bought similar amounts in the 16 months before the bombing. [New York Times, 11/7/1997; Washington Post, 11/7/1997; Denver Post, 12/24/1997]
Nichols Identified as Staying in Nearby Motel - Harry Bhakta, the manager of the Starlite Motel in Salina, Kansas, a town 30 miles north of McPherson, testifies that a man calling himself “Terry Havens” checked into his motel on October 16, 1994, and checked out the next day. Nichols’s lawyers concede that the handwriting on the Starlite Motel registration card is Nichols’s (see October 16, 1994). [New York Times, 11/7/1997]
Renting Storage Lockers for Fertilizer - Sharri Furman, who in 1995 was the bookkeeper for the Boots-U-Store-It storage facility in Council Grove, Kansas, testifies that in the fall of 1994 she rented two storage lockers to “Joe Kyle” and “Ted Parker,” both of which are, federal investigators contend, aliases used by Nichols (see October 16, 1994, October 17, 1994, and November 7, 1994). Furman also testified during McVeigh’s trial (see May 1-2, 1997). She identifies Nichols as “Parker.” Both defense and prosecution lawyers agree that the contracts signed by “Parker” are in Nichols’s handwriting. [Washington Post, 11/7/1997] The receipt from the locker rental contains two fingerprints from McVeigh (see May 1, 1995). [New York Times, 6/3/1997]
Seen in Company of McVeigh during Time Period in Question - Tim Donahue, a Kansas rancher who once worked with Nichols (see February - September 30, 1994), testifies that the last time he saw Nichols was in the company of McVeigh. The date, he recalls, was September 30, 1994, the last day Nichols worked on the Donahue ranch. Donahue also testifies that Nichols told him he thought the government was getting “too big and too powerful” and should be overthrown. Donahue acknowledges that those conversations were casual, and that Nichols never explicitly advocated violence. [Washington Post, 11/7/1997]

Entity Tags: Jerry Showalter, Frederick Schlender, Jr, Robert Nattier, Harry Bhakta, Timothy James McVeigh, Terry Lynn Nichols, Sharri Furman, Timothy Patrick Donahue

Timeline Tags: US Domestic Terrorism

Prosecutors in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) link Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to the October 1994 theft of explosive materials from a Kansas quarry (see October 3, 1994). The prosecution claims that Nichols and McVeigh used those materials in the construction of the bomb that devastated the Murrah Federal Building and killed 168 people. A blaster at the Martin Marietta Aggregates quarry near Marion, Kansas, Allen E. Radtke, testifies that on October 3, he discovered that someone had stolen 1,200 to 1,400 electric blasting caps, 75 60-foot lengths of Primadet non-electric blasting caps, and 150 sticks of Tovex explosive from two sheds. On October 4, Radtke says, he found that someone had drilled open the padlock on the back door of a third shed. FBI analyst James J. Cadigan testifies that he had compared the marks left on the padlock with a quarter-inch drill bit found at Nichols’s home (see 3:15 p.m. and After, April 21-22, 1995). Though the marks on the padlock seem to match marks made by Nichols’s drill bit, Judge Richard P. Matsch instructs the jury to disregard Cadigan’s conclusions to that effect. Nichols’s lawyer Michael Tigar, who has called such analysis “junk science” (see November 3, 1997), says that a thousand drill bits made by the same machine might produce the same marks. [New York Times, 11/8/1997]

Entity Tags: Michael E. Tigar, Allen E. Radtke, Richard P. Matsch, James J. Cadigan, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see May 19, 1995, August 8, 1995, and May 12-13, 1997), testifies against McVeigh’s alleged co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997). Fortier tells the jury that Nichols and McVeigh took him to an Arizona storage locker filled with explosives seven months before the bombing (see October 4 - Late October, 1994). Fortier has pleaded guilty to four felonies related to the bombing.
Saw Nichols in McVeigh's Company, Changes Testimony Previously Identifying Nichols as Co-Conspirator - He says he saw Nichols three times in Kingman, Arizona, the town in which McVeigh resided; two of those times, Nichols was in the company of McVeigh. Fortier testifies that he met both Nichols and McVeigh when they were Army soldiers stationed at Fort Benning, Georgia (see March 24, 1988 - Late 1990); Nichols, he says, was his platoon leader, but not his friend. Fortier says McVeigh sent him a letter saying that he and Nichols planned some sort of “positive offensive action” against the government (see September 13, 1994), and later McVeigh told him the “action” was the bombing of a federal building, to take place on the anniversary of the Branch Davidian massacre (see April 19, 1993 and April 19, 1993 and After). “He told me… that they were planning on bombing a building,” Fortier says. When asked by a prosecutor who was the “they” that McVeigh was referring to, Fortier replies, “He didn’t say specifically,” a drastic change from his testimony in the McVeigh trial, when he told the jury that McVeigh was referring to himself and Nichols. [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997]
Says McVeigh Told Him Nichols Robbed Gun Dealer - Fortier does identify Nichols as the man who robbed Arkansas gun dealer Roger Moore to help finance the bombing (see November 5, 1994); Fortier says that McVeigh told him, “Terry did Bob,” meaning “Bob Miller,” the name Moore used at gun shows. [New York Times, 12/16/1997]
Says He Refused to Take Active Part in Bombing, Says Nichols Withdrew - Fortier testifies that McVeigh asked him to rent a storage unit under a false name, but Fortier did not do so. He also testifies that McVeigh asked him to join him and Nichols in the bombing, but Fortier says he refused (see October 21 or 22, 1994). Later, Fortier says, McVeigh told him that Nichols “no longer wanted to help him mix the bomb” (see March 1995), testifying: “Tim told me that Terry no longer wanted to help him mix the bomb. He told me that there was some problem between—or the problem had to do with Terry’s wife, Marife. I asked Tim what he was going to do if Terry didn’t help him. I made a joke and said: ‘What would you do? Would you kill him if he doesn’t help you?’ And he answered me seriously and said he would not do that. And he went on to say that Terry would have to help him because he’s in it so far up till now.” Fortier identifies a length of explosives brought to his home for safekeeping by McVeigh as being from one of the Arizona storage lockers; an FBI expert, testifying immediately after Fortier, identifies a fingerprint on the wrapper for the explosives as belonging to Nichols.
Defense: Fortier a Lying Drug Addict - In cross-examination, Nichols’s lead lawyer, Michael Tigar, elicits that Nichols never mentioned anything to Fortier about bombing a building. As defense lawyers did in McVeigh’s trial, Tigar depicts Fortier as a drug user and self-admitted liar who has admitted to lying to FBI investigators about his knowledge and involvement in the bomb plot (see April 23 - May 6, 1995), and to planning to use his knowledge of the bomb plot to wangle profitable book and movie deals. Fortier admits that Tigar’s depictions are essentially accurate. Tigar asks, “Was there ever a time in your life where Mr. McVeigh and you and Mr. Nichols were standing side by side… when Mr. McVeigh said, ‘My friend Terry and I are going to blow up a building with people in it and kill people?’” Fortier replies, “No, sir.” [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997] Legal experts later say that Fortier’s testimony against Nichols is much less compelling than his testimony against McVeigh. Fortier did not know Nichols well, and had comparatively few dealings with him. [New York Times, 11/17/1997] The Washington Post describes the defense’s cross-examination of Fortier as “withering.” One of the defense’s contentions is that Fortier was far more involved in the bomb plot than his testimony indicates, and that he may have been more involved than Nichols. [Washington Post, 11/14/1997]

Entity Tags: Roger E. (“Bob”) Moore, Michael Joseph Fortier, Terry Lynn Nichols, Michael E. Tigar, Washington Post, Timothy James McVeigh, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) links Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to a rifle stolen from an Arkansas gun dealer, Roger Moore (see November 5, 1994 and Before July 3, 1995). Prosecutors have alleged that Nichols and McVeigh, who planned the robbery, used the proceeds from the robbery to finance the bombing. The link between Nichols and the robbery is made in part by Karen Anderson, Moore’s longtime girlfriend, who says the ornate, custom-made .308-caliber rifle found in Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995) was hers. She says when prosecutors first showed her the rifle, she exclaimed: “It’s my baby!… It was made for me.” Anderson says she has been Moore’s girlfriend for over 20 years, and lives in what is apparently an open relationship with Moore and his wife Carol. Prosecutors say Nichols donned a ski mask and robbed Moore’s gun dealership of more than $60,000 in guns, precious jewels, gold, silver, cash, and other items. Anderson says she recognized several other weapons seized by FBI agents from Nichols’s home. Of one, a shotgun, she says: “I shot a pair of blue jeans with this a couple of times. Jeans with holes cost $100. I figured if you shot them yourself, you could save about $90.” Anderson’s colorful testimony and flamboyant gestures trigger several waves of laughter in the courtroom, including one instance where she apologizes for inadvertently waving a submachine gun at Judge Richard P. Matsch, saying, “I just pointed it at the judge again!” Prosecutor Beth Wilkinson quips in response, “No matter how mad he makes you, don’t fire it.” Anderson says she has a list of the serial numbers of many of the stolen guns; Moore previously told investigators his list of the serial numbers disappeared the day of the robbery. Anderson also discusses her friendship with McVeigh, and says she and Moore were so impressed with McVeigh’s warnings about a United Nations plot to take over the country that they visited several military bases in an unsuccessful search for Russian vehicles. After Anderson testifies, Moore testifies, telling the jury how he was robbed by a man who carried a shotgun, wore a black ski mask, and bound him with duct tape before purloining items from his farm, from which he runs his dealership. He says he was alone on his farm the morning of the robbery, and had just gone outside to feed the animals when he heard a voice say, “Lay on the ground.” He turned and saw “a horrible picture, a man dressed with camouflage, with a black ski mask, carrying a pistol-grip shotgun aimed right at my face.” Attached to the shotgun was a garrote wire that he says could “cut your windpipe and jugular vein.” The robber was a white man wearing what he thinks were Israeli combat boots, Vietnam-era camouflage pants and shirt, and military gloves. Moore says he could see a short beard and suntanned skin through the mouth opening in the mask. He identifies a number of weapons shown to him by prosecution lawyers as being among those stolen from his dealership. Defense lawyer Michael Tigar accuses Moore of conspiring with McVeigh to commit insurance fraud. Tigar asks Moore: “Isn’t it a fact you were not robbed? Isn’t it a fact that you and Mr. McVeigh worked out a plan to get these guns out on the market, and you would collect whatever you could from the insurance company?” Moore angrily responds, “I deny that.” He admits to seeking an insurance settlement even though he had no serial numbers for the stolen weaponry, nor an accurate accounting of the weapons he said had been stolen. He also acknowledges telling investigators differing accounts of the robbery, and engaging in friendly letter exchanges with McVeigh after the robbery, including one letter written by Moore in the days before the bombing that complained of the “New World Order” (see September 11, 1990) and stated, “Plan is to bring the country down and have a few more things happen, then offer the 90 percent a solution (Better Red than Dead).” He also admits to using the alias “Bob Miller” on the gun-show circuit, and admits to previously telling lawyers that he suspected law enforcement agents or militia members of robbing him. However, he says, he also suspected McVeigh of setting him up, and says that the letters were designed to persuade McVeigh to come back to Arkansas so he could question him about the robbery. [New York Times, 11/18/1997; New York Times, 11/19/1997]

Entity Tags: Richard P. Matsch, Beth Wilkinson, Carol Moore, Michael E. Tigar, Roger E. (“Bob”) Moore, Terry Lynn Nichols, Timothy James McVeigh, Karen Anderson

Timeline Tags: US Domestic Terrorism

The ex-wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) testifies in Nichols’s trial. Lana Padilla, frequently breaking into tears during her stint in the witness stand, testifies that Nichols gave her a package that he told her not to open unless she heard that he had died; worried for his safety, she opened it anyway and found letters and evidence that prosecutors say tie Nichols to the Oklahoma City bombing. Nichols gave Padilla the package in the days before he left on a trip to the Philippines (see November 5, 1994 - Early January 1995). He told her to wait at least 60 days before opening the package, but she opened it the day after he left. “I was concerned that there was something awful, that he was not coming back,” she says. Inside were two envelopes, one addressed to her and one addressed to Jennifer McVeigh, the sister of his alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). The letter to Padilla explained how she could gain entry to a storage unit Nichols had rented in Las Vegas, Padilla’s home town, and how she could find a bag of valuables he had hidden in her kitchen. All of the items in storage, Nichols wrote, were for their teenaged son Joshua, while the items in the kitchen were for his daughter Nicole, whom he had with his second wife Marife, a Filipino native (see July - December 1990). A tearful Padilla reads from the letter: “There is no need to tell anyone about the items in storage and at home. Again only the three of us will know. I have the most trust in you here in the US to do as I’ve written.” Nichols, sitting at the defense table, puts his head down and weeps during the letter-reading. The envelope to Jennifer McVeigh contained a second envelope addressed to her brother that advised him to remove everything from a Council Grove, Kansas, locker and “liquidate” the contents of a second locker in that same town (see October 17, 1994), or failing that, to pay to keep it longer under the alias “Ted Parker” of Decker, Michigan. “Ted Parker” is an alias used by Nichols to rent one of the lockers (see November 7, 1994). The letter says Padilla “knows nothing” and concludes with the exhortation: “Your [sic] on your own. Go for it!! Terry.” Prosecutors believe that Nichols’s final exhortation referred to the Oklahoma City bombing. In December 1994, Padilla found the item Nichols had stashed in her kitchen: a WalMart bag filled with $20,000 in $100 bills. Padilla testifies: “My first reaction was surprise, because I didn’t really think—I mean, Terry was in between employment. His wife was away. I didn’t expect him to have any money.” Later that day, Padilla and her son Barry (from another marriage) went to the AAAABCO storage unit in Las Vegas that Nichols had indicated, and the two found a briefcase and a number of boxes. The boxes contained gold and silver coins, and a paper estimating their value at between $36,000 and $38,000; a bag containing a dark wig, panty hose, makeup, and a black ski mask; a cigar box containing jade stones; and other items. Many of those items will later be identified as proceeds from the robbery. When she saw the bag, she testifies: “I looked at the mask, and I thought that—I said: ‘What is he doing? You know, what is he doing? Robbing banks?’ And that was my reaction.” Prosecutors believe that the cash in the kitchen and the goods in the storage unit were obtained by a robbery Nichols had carried off days before (see November 5, 1994). Padilla also testifies that Nichols called her the day after the robbery, November 6, 1994, and spoke of the Branch Davidian debacle near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), and the possibility that the government would be destabilized by civil unrest (see November 6, 1994). “When I hung up the phone,” she testifies, “I realized that it was a very odd conversation. And I’m sorry to say that Waco didn’t enter my mind before the call and Waco didn’t enter my mind after the call. It was just something that seemed to be on Terry’s mind.” Nichols came to Padilla’s home in Las Vegas a few days later, she says, in order to visit Joshua before leaving for the Philippines. When Nichols returned from the Philippines on January 16, 1995, he stayed for a few days with Padilla before leaving for Kansas. Padilla testifies that on January 17: “Terry was standing in the kitchen. He looked at me puzzled. I knew the look was because he had gone behind the drawer” and not found the cash he had left. Padilla had taken the cash to her office for safekeeping, she testifies, and asked Nichols to give her some of it. He refused, she says, and she turned over $17,000 of the money to him. They agreed that she would put the remaining $3,000 in a savings account for Joshua, but she admits to not doing so. “Things changed in my household,” she testifies. She left her current husband, and, she says, “the money was used for the household.” [Washington Post, 11/19/1997; New York Times, 11/20/1997]

Entity Tags: Marife Torres Nichols, Jennifer McVeigh, Lana Padilla, Roger E. (“Bob”) Moore, Terry Lynn Nichols, Nicole Nichols, Timothy James McVeigh, Joshua Nichols

Timeline Tags: US Domestic Terrorism

FBI agent Stephen E. Smith testifies in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997).
Nichols Told of Picking Up McVeigh - Smith testifies that Nichols told him and other FBI agents that on Easter Sunday, April 16, 1995, three days before the bombing, he drove around downtown Oklahoma City looking for his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols, says Smith, drove around the Murrah Federal Building, McVeigh’s target, several times before finding McVeigh in a nearby alley (see April 16-17, 1995). McVeigh, according to what Nichols told Smith, had asked Nichols for a ride from Oklahoma City back to Nichols’s Herington, Kansas, home (see (February 20, 1995)) because his car had broken down. Nichols found McVeigh, Smith says: “[H]e was standing in a light rain with Mr. Nichols’s TV set and a green laundry bag.” Smith was one of the agents who interrogated Nichols for nine hours after the bombing (see 3:15 p.m. and After, April 21-22, 1995). He was not allowed to testify in McVeigh’s trial, but was allowed to introduce the 22 pages of handwritten notes taken during Nichols’s interrogation. Smith’s testimony is the first to describe what Nichols said about the trip from Oklahoma City to Herington. McVeigh was going to bring Nichols a television set, Nichols told Smith, when his car broke down. Nichols said after he received the telephone call from McVeigh at around 3 p.m., he left about 10 minutes later and drove straight to Oklahoma City. McVeigh had told him to “drive around the block a couple times,” Nichols told the agents, and added that he passed “that building” several times. The alley McVeigh was standing in was, Smith testifies, next to the YMCA near the Murrah Building. Nichols told Smith and the other agents that McVeigh was “hyper” during the return trip to Herington, and they talked about the upcoming anniversary of the federal assault on the Branch Davidian compound in Texas (see April 19, 1993 and April 19, 1993 and After). Nichols told the agents that McVeigh told him “he would see something big in the future.” Nichols, Smith testifies, asked if McVeigh was planning to rob a bank; McVeigh replied, “No, but I’ve got something in the works.” Nichols was shocked to learn that McVeigh was a suspect in the bombing, Smith testifies: “He thought Tim was driving back east to see his family.” Nichols told the agents he could not discern any motive for the bombing, since McVeigh “was supposed to receive an inheritance from his grandfather and he would have money” to do whatever he wanted. Smith testifies that when the agents asked Nichols if he was worried about what McVeigh might say about him, Nichols replied that “he’d be shocked if Mr. McVeigh implicated him.… Terry Nichols said he trusted Timothy McVeigh more than anyone. Timothy McVeigh lived up to his arrangements and took responsibility for his actions.” Smith adds that Nichols never clarified what he meant. Nichols told the agents that the Easter telephone call was the first contact he had had with McVeigh since November 1994. However, other testimony has shown numerous contacts between McVeigh and Nichols since that time period (see November 7, 1994, March 1995, April 13, 1995, April 15, 1995, and April 15-16, 1995). [New York Times, 11/21/1997] Nichols also told federal agents that he spent the morning of April 18 at an auction in Fort Riley, Kansas, and that the same morning, McVeigh had borrowed his pickup truck to run errands. Nichols told agents that the morning of April 18, McVeigh called at 6:00 a.m. and asked to borrow the truck. Nichols agreed, and the two met at a McDonald’s restaurant in Junction City, Kansas, around 7:30 a.m. The two drove to the auction site, and McVeigh took the truck, leaving Nichols at the auction. McVeigh returned after 1:00 p.m. Nichols told agents he signed in at the auction site sometime around noon. [New York Times, 11/26/1997]
Story Contradicted by Other Evidence - Other evidence has shown that Nichols’s story about driving to Oklahoma City to pick up McVeigh and a television set is false. That evidence has shown that on April 16, Nichols met McVeigh at a Dairy Queen in Herington, then the two drove separately to Oklahoma City to scout the location for the bomb. McVeigh left his getaway car at the scene (see April 13, 1995) and the two drove back to Herington in Nichols’s pickup truck (see April 16-17, 1995). On the morning of April 18, McVeigh, staying at a motel in Junction City with his rented Ryder truck (see April 15, 1995), met Nichols at a Herington storage unit (see (February 20, 1995)). The two loaded bags of fertilizer and drums of nitromethane into the Ryder truck, and McVeigh told Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” They drove separately to Geary County State Fishing Lake, where they met and mixed the explosive components. Nichols later told investigators that he cleaned out the storage shed on April 20. One witness told investigators that he saw McVeigh with a man resembling Nichols at the motel. Other witnesses recalled seeing the Ryder truck parked behind Nichols’s house on April 17, and the Ryder truck and a pickup truck resembling Nichols’s at Geary Lake on April 18. Other witnesses said that on either April 17 or 18, they saw what appeared to be Nichols’s pickup truck parked behind the Herington storage shed (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Videotape from the Regency Towers Apartments, one and a half blocks from the bombed Murrah Federal Building, showed Nichols’s dark blue pickup with a white camper shell passing the building on April 16, though the videotape does not itself disprove Nichols’s claims of driving to Oklahoma City to pick up McVeigh and a television set. [Denver Post, 12/24/1997; Fox News, 4/13/2005] Prosecutors will soon submit evidence showing that Nichols’s claims of his whereabouts on April 18 are incorrect (see November 25, 1997).
Shared Interest in Bombs - Nichols also said that he and McVeigh were curious about bombs. They read books and magazines about them, and discussed how they worked. Nichols told the agents that “it’s possible he [McVeigh] could make a device to blow up a building without my knowledge.” Nichols, Smith testifies, insisted that their interest in bombs was strictly out of curiosity. Nichols told Smith and the other agents that he had learned about explosives from people “who came by the table at gun shows and literature he had read.” Nichols also said that he had learned “ammonium nitrate fertilizer can be used to make a bomb.… I imagine you have to put a blasting cap on it.” Smith testifies that someone had informed Nichols that ammonium nitrate could be mixed with diesel fuel to make a bomb, but adds that Nichols said he had not done that.
Cross-Examination - Nichols’s defense lawyer, Ronald G. Woods, has Smith read the entire 22-page sheaf of handwritten notes he took during his interviews with Nichols, then tells Judge Richard P. Matsch that the typewritten transcript of those notes “was not accurate or complete.” Woods also questions why the interviews were not tape-recorded. Smith calls his notes accurate, but admits that he had not written down what he now testifies was Nichols’s silence when shown a letter he had written to McVeigh the previous November urging him to “Go for it.” During the interview, Smith says Nichols admitted to having the knowledge needed to build a fertilizer bomb after initially denying it. [Washington Post, 11/21/1997; New York Times, 11/22/1997; Denver Post, 12/24/1997]

Entity Tags: Geary State Fishing Lake And Wildlife Area, Murrah Federal Building, Ronald G. Woods, Federal Bureau of Investigation, Richard P. Matsch, Terry Lynn Nichols, Stephen E. Smith, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

As the prosecution in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) prepares to rest its case, the prosecuting lawyers attempt to show that Nichols lied about his whereabouts on the day the Oklahoma City bomb was built (see November 20-21, 1997). Nichols claimed that the day the bomb was assembled, April 18, 1995, he was at an auction in Fort Riley, Kansas, from 8:00 a.m. until after 1:00 p.m., while his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), had borrowed his truck. Prosecutors introduce evidence that shows Nichols and McVeigh worked together to build the bomb in an isolated section of Geary Lake State Park, 16 miles from Nichols’s home in Herington, Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols has not yet testified; his version of events comes from statements he gave to FBI agents two days after the bombing (see 3:15 p.m. and After, April 21-22, 1995). Mary Garza, a civilian employee at Fort Riley and the overseer of the auction that Nichols claimed he attended, produces a document that shows Nichols signed in to the auction at 12:50 p.m. that afternoon, and another document showing that he submitted a sealed bid at 12:37 p.m. on March 18, 1995. Garza testifies that the time clock was off by one month and one hour, and in reality Nichols submitted his bid at 1:37 p.m. on April 18, 1995. Nichols said he wandered from one auction building to the next, but other witnesses testify that the morning of April 18 was extremely cold and windy, and only one building was open to the public. Visitors such as Nichols were required to sign in. Nichols could conceivably have spent five hours outside, examining two small outdoor sales areas, the witnesses say, but the sale was quite small, and none of the witnesses saw Nichols that morning. [New York Times, 11/26/1997]

Entity Tags: Timothy James McVeigh, Mary Garza, Geary State Fishing Lake And Wildlife Area, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) submits a piece of wood into evidence that it says links Nichols to the bombing. The piece of wood has ammonium nitrate fertilizer crystals embedded in it, the same type of fertilizer used in the bomb that killed 168 people. The same fertilizer was found at Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995). The wood was found by a search team on April 21, 1995, in a parking lot across the street from the Murrah Federal Building. Prosecutors say the wood came from the side of the rented Ryder truck (see April 15, 1995) that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) used to deliver the bomb. FBI agent Alton Wilson testifies that “it appears to have come from the box panel from the Ryder truck.” FBI laboratory supervisor Steven G. Burmeister testifies that when he and other FBI agents searched Nichols’s home, they found explosives, including ammonium nitrate pellets. Ammonium nitrate is the fertilizer that was the main ingredient of the bomb. “They were on the steps leading up to the porch area,” Burmeister testifies. He also says the search turned up Primadet blasting caps, which are used to detonate explosives. Defense lawyers claim the wood was mishandled by FBI crime lab analysts; FBI chemist Ronald Kelly admits in testimony that he did not follow the proper steps in recovering and handling the wood. [New York Times, 11/29/1997] In cross-examination testimony, Burmeister says that he photographed the wood in April 1995, documenting the existence of the ammonium nitrate crystals embedded in it. When he examined the wood in November 1996, he realized that the crystals had disappeared from it. Burmeister says he believes the crystals disappeared as a result of testing in other sections of the lab. [New York Times, 12/2/1997]

Entity Tags: Steven G. Burmeister, Alton Wilson, Ronald L. Kelly, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Experts testify in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) that the bomb used to destroy the Murrah Federal Building in Oklahoma City was probably made with ammonium nitrate. Prosecutors have shown that Nichols bought two tons of ammonium nitrate fertilizer and stored it, along with other bomb components, in lockers rented under false names (see November 6, 1997). In aggressive cross-examination, defense lawyer Michael Tigar attempts to cast doubt on the forensic evidence presented by the experts. FBI laboratory supervisor Steven G. Burmeister, who has already defended his findings on ammonium nitrate crystals found in a shard of wood he and other experts believe was from the Ryder truck used to deliver the bomb (see November 28 - December 2, 1997), admits that nitromethane that, according to an FBI report, was found in Nichols’s home might have come from a container of model airplane fuel. Burmeister says that the evidence of nitromethane was found near model airplane parts; nitromethane is used in model airplane fuel. “When you reported out your results, did you report that you had found model airplane fuel and a model airplane?” Tigar asks, and Burmeister replies, “No.” Tigar then emphasizes: “You just reported you had found nitromethane. Right?” Burmeister responds, “The result was nitromethane and methanol.” Tigar continues to press, saying: “But did you take steps to make sure that people were going to understand that this was found right next to some model airplane parts? Did you do that?” Burmeister says he did not. British explosive expert Linda Jones, who testified in the trial of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says she believes the bomb weighed 3,000 to 6,000 pounds and contained ammonium nitrate. Its other elements were apparently consumed in the explosion. The prosecution has called Jones as an independent expert because of widespread criticism of the FBI laboratory and its employees (see January 27, 1997 and April 16, 1997). [New York Times, 12/2/1997]

Entity Tags: Linda Jones, Steven G. Burmeister, Terry Lynn Nichols, Michael E. Tigar

Timeline Tags: US Domestic Terrorism

The prosecution concludes its case against accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) with a gripping story by Marine Captain Matthew Cooper, telling of his attempts to rescue colleagues from the rubble of the devastated Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Legal experts say the prosecution presented a convincing, but not necessarily overwhelming, case against Nichols, who is charged with eight counts of first-degree murder and four counts of conspiracy related to the bombing. Nichols’s co-conspirator, Timothy McVeigh, has already been sentenced to death for the crime (see June 2, 1997 and June 11-13, 1997). Essentially, the prosecution used a mountain of circumstantial evidence to tie Nichols to the crime, even though he was not in Oklahoma City on the day of the bombing (see April 16-17, 1995). Law professor Christopher Mueller says, “There is a huge combination of circumstances that connect Nichols to McVeigh just as there was a huge combination of circumstances connecting McVeigh to the bombing.” Legal analyst Andrew Cohen says: “If the jurors followed the prosecution’s story, then Nichols is in big trouble. But the defense has already done a good job showing that there are inconsistencies and contradictions and those could be enough to hang a jury.” Analysts say the prosecutors were less successful in introducing emotion into the Nichols trial than the prosecutors in the McVeigh trial. And prosecution eyewitnesses such as Cooper and Michael Fortier (see November 12-13, 1997) were less effective in this trial than they were in testifying against McVeigh. Nichols’s defense lawyers have successfully challenged the prosecution’s attempts to have witnesses like Cooper tell graphic and emotionally wrenching stories; today, Cooper’s testimony is brief and matter-of-fact, whereas during his testimony in McVeigh’s trial, he was detailed and emotional, breaking into tears during his stint on the stand. Also, analysts say, the prosecution was not entirely successful in portraying Nichols’s motive for taking part in the bomb plot. [Washington Post, 12/3/1997]

Entity Tags: Christopher Mueller, Andrew Cohen, Matthew Cooper, Michael Joseph Fortier, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Defense lawyers continue their attempt to show that their client, accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), was not involved in the conspiracy to bomb the Murrah Federal Building (see December 2-3, 1997), but that others besides Nichols worked with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Two witnesses, James L. Sergent and Georgia Rucker, testify that they saw a large Ryder truck parked at Geary State Fishing Lake, north of Herington, Kansas, where Nichols lives, on April 10, 11, and 12, 1995. Prosecutors say that McVeigh and Nichols brought a Ryder truck to that lake on April 18 to assemble the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Rucker says she saw the same truck at the lake on April 18. Their testimony is designed to bolster the contention that more than just two people took part in building the bomb (see (April 1) - April 18, 1995). Defense lawyers also challenge the credibility of Roger E. Moore, an Arkansas gun dealer whom prosecutors say was robbed by Nichols as part of an attempt to finance the bomb construction (see November 17-18, 1997 and November 19, 1997). Defense witness Larry Hethcox says that Moore later told him the robber took many more items than he originally claimed in police reports. However, the prosecution forces Hethcox to acknowledge that the serial number of one of the guns found in Nichols’s house (see 3:15 p.m. and After, April 21-22, 1995) was of a gun Hethcox sold to Moore. [New York Times, 12/5/1997]

Entity Tags: James L. Sergent, Geary State Fishing Lake And Wildlife Area, Georgia Rucker, Roger E. (“Bob”) Moore, Terry Lynn Nichols, Timothy James McVeigh, Larry Hethcox

Timeline Tags: US Domestic Terrorism

The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) mounts an attack on Nichols’s alleged co-conspirator, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols’s lawyers present evidence showing that McVeigh is an anti-government zealot who passed out extremist literature and even wore a T-shirt showing a wanted poster for Abraham Lincoln to a child’s birthday party—the same shirt he wore the day of the bombing. Witnesses testify that McVeigh gave them copies of the same anti-government literature found in the home of Nichols during an FBI search (see 3:15 p.m. and After, April 21-22, 1995). Defense lawyers say that Nichols was just one of many people to whom McVeigh gave such literature, and that McVeigh was a far more committed extremist than Nichols. The defense introduces a letter McVeigh wrote to “S.C.,” a person the FBI believes to be Steven Garrett Colbern, a drifter with a degree in biochemistry and an interest in explosives, though investigators quickly cleared Colbern of any involvement in the bombing plot (see May 12, 1995). The letter was taped to an electrical tower in the California desert, near the Arizona state line, and found by electrical worker Donald E. Pipins (see November 30, 1994). The letter says in part: “I’m not looking for talkers. I’m looking for fighters,” men who could share “a common, righteous goal.” Pipins testifies to his finding the letter. [Washington Post, 11/14/1997; New York Times, 12/6/1997]

Entity Tags: Steven Garrett Colbern, Donald E. Pipins, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The defense in the Terry Nichols bombing conspiracy trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) presents an array of witnesses who say they saw convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) in the company of someone besides Nichols in the days before the bombing. The defense intends to portray the still-unidentified “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995) as McVeigh’s accomplice, and not Nichols. Government officials have long claimed that “John Doe No. 2” was a misidentification by witnesses of a person who had no involvement in the bomb plot, Private Todd Bunting of Fort Riley, Kansas (see June 14, 1995). Prosecutors say that those witnesses who claim to have seen “John Doe No. 2” might have seen Bunting or other Fort Riley soldiers with other Ryder trucks aside from that used by McVeigh to deliver the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or were influenced by the wanted poster.
Dishwasher Resembled Sketch - Darvin Ray Bates, the former mayor of Waurika, Oklahoma, says in May 1995 he hired a drifter to work as a dishwasher in his Duncan, Oklahoma restaurant. The drifter resembled the sketch federal officials circulated of “John Doe No. 2,” Bates testifies. He says, “I could never pronounce his name, and he said, ‘Just call me John’.” Bates says the man told him he was from Kingman, Arizona, the same town where McVeigh lived. In the days after the bombing, Bates testifies, he told “John” that he looked like the sketch of “John Doe No. 2,” and the man never returned to work. Bates informed the FBI of the encounter, but, he says, an agent told him “they had the two arrested that they needed in the case, and if they needed additional information they could call me.” No one from the FBI contacted Bates again.
Saw Man Accompanying McVeigh One Hour before Bombing - Morris John Kuper, Jr, a computer specialist, testifies that on April 21, two days after the bombing, he told FBI agents that he saw two men getting into an old car across the street from his parking lot at the Kerr-McGee Corporation in Oklahoma City about an hour before the April 19 bombing. One man looked like McVeigh, he testifies, while the other resembled “John Doe No. 2.” Kuper says it took months for FBI agents to contact him about his sighting. Obstetrical nurse Mary Martinez has already testified about seeing McVeigh and “John Doe No. 2” in a Ryder truck in Junction City, Kansas two days before the bombing; prosecutors were able to cast strong doubts upon her story (see December 2-3, 1997).
Sightings of Man At Motel - Hilda Sostre, a maid at the Dreamland Motel, where McVeigh stayed for four days before the bombing, testifies she saw a man resembling “John Doe No. 2” at the motel on April 17, two days before the bombing. She says she saw him walking towards a large Ryder truck. If accurate, Sostre’s sighting conflicts with the prosecution’s assertion that McVeigh did not bring the truck to the motel until much later that day. Shane M. Boyd, who was staying at the Dreamland, testifies that he saw a man resembling “John Doe No. 2” at the motel on Saturday, April 15. Boyd says he passed the man while walking back to his room (see April 13, 1995).
Store Worker Saw McVeigh, Man Together - Rose Mary Zinn says that on April 17, she was working alone in a store in Lincolnville, Kansas, when two men came in. “One was blond and white, and the other one was a dark-complected guy,” she testifies. “The dark-colored guy looked mean. So I know this might sound silly, but I thought, uh-oh, I’m going to be robbed.” Instead of robbing her, they bought cigarettes and soda and left. She says she watched them get into a large Ryder truck. She cannot testify to the men’s features, and says the blond man was shorter than his companion; McVeigh is described as being significantly taller than “John Doe No. 2.”
Father and Son Saw Two Men at Lake - Raymond Siek, who was returning from a funeral on the afternoon of April 17, says he noticed a Ryder truck at Geary State Fishing Lake, the place where prosecutors say the bomb was built on April 18. Siek testifies that he saw two men, and turned to his son, Kevin Siek, and observed, “I wonder what those idiots are doing down there in the rain.” Kevin Siek also testifies: his story is that he saw three men that day, with the third being shorter and perhaps an adolescent.
Other Sightings - On April 17, two people working at the body shop that rented McVeigh the Ryder truck, Eldon Elliott and Vicki Beemer, have said they saw McVeigh and another man in the shop, but neither can describe the second man. Estella Weigel, a health care worker, has already testified she saw a man who looked like “John Doe No. 2” driving an old Mercury similar in year and color to one owned by McVeigh sometime between 7 and 8 a.m. on April 17 (see December 2-3, 1997). [New York Times, 12/10/1997]

Entity Tags: Geary State Fishing Lake And Wildlife Area, Vicki Beemer, Estella Weigel, Dreamland Motel (Junction City, Kansas), Darvin Ray Bates, Todd David Bunting, Timothy James McVeigh, Terry Lynn Nichols, Shane Boyd, Mary Martinez, Kevin Siek, Eldon Elliott, Hilda Sostre, Raymond Siek, Rose Mary Zinn, Morris John Kuper, Jr

Timeline Tags: US Domestic Terrorism

Marife Nichols (see July - December 1990), the wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), gives what analysts call a powerful defense of her husband during trial testimony. Her testimony is combined with that of three others to cast doubt on the prosecution’s assertions that Nichols conspired with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to build and detonate the bomb that killed 168 people. The defense, already having attempted to establish that an unidentified person and not Nichols conspired with McVeigh (see December 2-3, 1997, December 4, 1997, and December 9, 1997), now tries to allege that McVeigh was a member of a much larger conspiracy that federal law-enforcement officials never seriously explored. The indictments against both McVeigh and Nichols say that “persons unknown” may have assisted McVeigh and Nichols in the bomb plot. The Washington Post observes that while the others’ testimonies may have helped Nichols, Nichols’s wife’s testimony may have “done more harm than good.” The New York Times agrees, saying that her testimony “seemed to confirm some of the strongest evidence against him.” [New York Times, 12/11/1997; Washington Post, 12/12/1997; New York Times, 12/12/1997]
Mechanic Testifies to Seeing Five Men at Bomb Building Site - Charles Farley, a mechanic from Wakefield, Kansas, testifies that on April 18, 1995, around 6:00 p.m., he came across five men and four vehicles, including a large Ryder truck and a farm truck laden with bags of ammonium nitrate fertilizer, at Geary State Fishing Lake, near Herington, Kansas. Prosecutors believe that McVeigh and Nichols alone built the bomb at the state park sometime on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Farley says he later saw one of the men, an older man with gray hair and a beard, on television. A photo of the man is shown to the jury, but the man is not identified. Sources say the man is the leader of a Kansas paramilitary group.
BATF Informant Testifies - Carol Howe, a former informant for the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995), then testifies, linking McVeigh to white supremacist Dennis Mahon and a group of Christian Identity supremacists living at Elohim City, Oklahoma (see (April 1) - April 18, 1995). Howe says in the spring of 1994, Mahon took a call from a man he identified as “Tim Tuttle,” a known alias of McVeigh’s (see October 12, 1993 - January 1994). Howe says she never told BATF or any other federal agents about the conversation because she did not know “Tuttle” was McVeigh. Howe also says she saw McVeigh at Elohim City in July 1994, in the company of two Elohim City residents, Peter Ward and Andreas Strassmeir. She says at the time she did not know McVeigh. After the bombing, Howe testifies, she told FBI investigators that Ward and his brother might be “John Doe No. 1 and No. 2,” the suspects portrayed in composite sketches circulated in the days after the bombing (see April 20, 1995). She testifies that in the days following the bombing, BATF agents showed her a videotape of McVeigh, and she told the agents she had seen McVeigh at a Ku Klux Klan rally.
White Supremacist Settlement Resident Testifies about Phone Call - Joan Millar, the daughter-in-law of Elohim City religious leader Robert Millar, testifies that on April 5, 1995, she believes she spoke to McVeigh on the telephone. Phone records show that McVeigh called a number in Elohim City on that date (see April 5, 1995). “When I answered the phone, it was a male voice,” she says. “He gave a name, but it wasn’t ‘McVeigh.’ He said that he had—he would be in the area within the next couple weeks and he wanted to know if he could come and visit Elohim City.” She says the caller was reluctant to explain how he knew of the settlement, then says he met some residents at a gun show. A man with “a very broad foreign accent” had given him a card with a telephone number on it, she says he told her. She asked if he had spoken to “Andy,” meaning Strassmeir, and the caller said that may be correct. Millar says the caller told her he would call again for directions, but never called back and never came to the settlement. Millar says that while Elohim City residents were angry and worried about the federal assault on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993 and April 19, 1993 and After), they planned no retaliation. Howe, however, testifies that she heard Strassmeir, Mahon, and Robert Millar advocate some sort of direct action against the federal government. Prosecutors have always maintained that Nichols and McVeigh bombed the Murrah Federal Building in Oklahoma City to avenge the people who died at the Branch Davidian compound.
Testimony of Wife - Marife Nichols testifies that she heard her husband talk about the Davidian tragedy with McVeigh and his brother James Nichols, but says she “did not see Terry being so mad about Waco.” Marife Nichols walks the jury through the events of April 21, when she accompanied her husband to the Herington, Kansas, police station to give voluntary statements about the bombing (see 3:15 p.m. and After, April 21-22, 1995). She describes her husband as “pale and scared,” and says, “He told me his name was in the news and James Nichols was in the news, and they’re supposed to be armed and dangerous.” Her husband worried that they were being followed by “a black car” on their way to the police station. When he said that, she testifies, “I asked him right then, ‘Are you involved in this?’ and he said, ‘No.’” She testifies that before he returned from a November 1994 trip to the Philippines (see November 5, 1994 - Early January 1995) he had told her that he was no longer having dealings with McVeigh (see March 1995). “I didn’t want Tim McVeigh in our life,” she says. [New York Times, 12/11/1997]
Cross-Examination Damaging to Defense Portrayal - Lead defense attorney Michael Tigar asserts that Marife Nichols’s testimony shows that “Terry Nichols was building a life, not a bomb.” However, under cross-examination, prosecutors quickly elicit details about the Nichols’s marriage that shows the two as distant and estranged, casting a new light on Marife Nichols’s attempt to portray their relationship as close and loving. She admits that for much of their seven-year marriage, they lived apart from one another, with her returning frequently to her home in the Philippines. She also admits that Nichols lied to her about breaking off his relationship with McVeigh, and that she suspected her husband was living a “secret life” that included numerous aliases and secret storage lockers, though she says as far as she knows, McVeigh was never in their home. She responds to questions about her husband’s shadowy activities by saying: “I don’t know. I didn’t ask him.” She recalls finding a letter to Nichols from McVeigh the week before the bombing, and though she says she did not understand the letter entirely, she remembers some phrases, including “shake and bake” and “needed an excuse for your second half.” US Attorney Patrick M. Ryan shows her a pink receipt found in the Nichols home for a ton of ammonium nitrate that prosecutors say was used to make the bomb, a receipt made out to “Mike Havens,” an alias used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). The receipt was wrapped around gold coins found at the back of her kitchen drawer; federal analysts found McVeigh’s fingerprints on the receipt. Ryan places two gold coins on the receipt, fitting them precisely into two dark impressions left on the receipt, presumably by the coins. The coins belong to Nichols, and may have come from a robbery Nichols perpetrated to help finance the bombing (see November 17-18, 1997). On April 16, she says, Nichols told her he was going to Omaha, Nebraska, to pick up McVeigh, when in reality he went to Oklahoma City (see April 16-17, 1995). Prosecutors have said that Nichols helped McVeigh stash the getaway car to be used on April 19 after the bomb was detonated (see April 13, 1995). He admitted lying to her about the April 16 trip just seconds before turning himself in on April 21, she says. She admits that Nichols had used a mail-order bride service to find her, and says he once told her, “Young ones were easier to train.” Marife Nichols was 17 when she married Nichols in November 1990; after they married in Cebu City, Philippines, he left her there and returned to the US without her, only bringing her to America months later. She says that she could not remember the exact date of their wedding. She also admits that when she joined Nichols in July 1991, she was pregnant with another man’s child. That child was found in 1993 dead with a plastic bag wrapped around his head; his death was ruled an accident. The two have two more children together. She is unable to offer an alibi for Nichols’s whereabouts on the morning of April 18, when prosecutors say he helped McVeigh construct the bomb. In saying she knew nothing about the storage lockers rented under aliases, she seems to contradict Tigar’s previous assertions that the storage lockers were used for storing innocent items and Nichols chose to use aliases merely to avoid creditors (see November 3, 1997). She also contradicts Nichols’s statements to the FBI that he had not seen McVeigh for months before the bombing.
Defense Rests - After Marife Nichols’s testimony concludes, the defense rests. The Post observes: “The defense’s eight-day case was aimed at generating confusion among jurors by poking holes in the government’s scenario, with the specter of additional accomplices and a second Ryder truck. At times, it seemed like the defense was trying to put the mysterious suspect John Doe No. 2—who was never identified and never found—on trial, instead of Nichols.” Nichols does not testify in his own defense.
Prosecutors Rebut Testimonies - The prosecution offers a brief rebuttal to the testimonies of witnesses who say they saw the Ryder truck at Geary Park earlier than April 17. State park employee Kerry L. Kitchener testifies that in April 1995, he was conducting a fishing survey at the park, and he saw no Ryder truck on April 10, 11, 13, 16, or 17, dates when defense witnesses said they had seen such a truck there. He testifies that he was not at the park on April 18, when prosecutors say Nichols and McVeigh built the bomb there in a Ryder truck. [Washington Post, 12/12/1997; New York Times, 12/12/1997]

Entity Tags: Geary State Fishing Lake And Wildlife Area, Charles Farley, Washington Post, Elohim City, Carole Howe, Andreas Strassmeir, Terry Lynn Nichols, Robert Millar, Timothy James McVeigh, Patrick M. Ryan, Kerry L. Kitchener, Joan Millar, Marife Torres Nichols, Michael E. Tigar, James Nichols, New York Times, Peter Ward

Timeline Tags: US Domestic Terrorism

The prosecution and defense in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) give their closing statements.
Prosecution: Nichols an Eager Participant - Prosecutor Beth Wilkinson tells the jury that even though Nichols was at home on the day of the bombing, he was an eager participant in the bomb plot, and shares the violent anti-government views of his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Like McVeigh, she says, Nichols wanted to strike back at the federal government for its role in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He intended death, destruction, and chaos in Oklahoma City on April 19, 1995,” she says. His favorite quote is from Founding Father Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” However, “Thomas Jefferson never bombed a day care center.” Nichols was involved in the plot from its inception in September 1994, when he left his job on a Kansas ranch “to begin gathering bomb components” (see September 13, 1994 and September 23, 1994), Wilkinson says. Nichols used aliases, such as “Mike Havens,” to purchase several tons of ammonium nitrate fertilizer, a key component in the bomb (see September 22, 1994 and September 30, 1994). He took part in the robbery of a quarry to secure explosives and explosive components (see October 3, 1994), and took part in the purchase of three barrels of nitromethane racing fuel from a Texas dealer (see October 21 or 22, 1994). Nichols also robbed an Arkansas gun dealer to help finance the bombing (see November 5, 1994), a fact confirmed by testimony given by McVeigh’s friend Michael Fortier (see November 12-13, 1997) and by the FBI finding items taken in that robbery in Nichols’s possession (see 3:15 p.m. and After, April 21-22, 1995). Nichols and McVeigh had assembled most of what they needed by November 1994, she says, when Nichols went to the Philippines (see November 5, 1994 - Early January 1995); after that point, she says, “all they had to do was wait.” When Nichols returned from his trip, they resumed their activities, using sales of guns and ammonium nitrate at gun shows to give themselves alibis. In contrast to a claim made in the opening statement by Nichols’s lead lawyer, Michael E. Tigar, she says Nichols was not building a life, “he was building a bomb, and he was building an alibi.” Wilkinson says that witnesses who testified they saw McVeigh with an unidentified person, and not Nichols, in the days before the bombing (see December 2-3, 1997, December 4, 1997, and December 9, 1997), were just plain wrong. Referring to the now-infamous “John Doe No. 2,” she says: “As a result of the media frenzy, sightings of John Doe 2 were about as common and credible as sightings of Elvis. No one is telling you Tim McVeigh was never with anyone else. The issue here is, who is on trial? John Doe 2 is not on trial. Tim McVeigh is not on trial. This is the trial of Terry Nichols.” Concluding the prosecution’s close, lead prosecutor Larry Mackey tells the jury, “It’s finally time—it’s time for justice” in what he calls “America’s most horrific crime.”
Defense: Nichols Victimized by Government - Tigar tells the jury that Nichols is the victim of a farrago of errors and circumstance; the evidence against him, Tigar says, is comprised of dishonest witnesses, sloppy investigation, and misleading circumstantial evidence. “It’s kind of like a stick on the ground, as Sherlock Holmes told Watson,” Tigar says. “If you stand here and look, it seems to point there. But if you walk around to the other side, it points in the opposite direction.” A fellow defense lawyer, Ronald G. Woods, attacks the government’s case, saying, “Anything that differs from the government’s theory, they discount, put aside, ridicule.” The witnesses who saw other men in McVeigh’s company during key moments in the bomb construction timeline were neither wrong nor mistaken, he says. Neither Tigar nor Woods refer at any length to the testimony of Nichols’s wife Marife, which is largely viewed as damaging to their client (see December 10-11, 1997). Tigar continues his previous attack on Fortier, saying: “Michael Fortier is the only witness who says he ever heard anyone say they wanted to bomb the Murrah Building. His testimony was bought and paid for, not with money but with a coin that only the government has the ability to print and hand out, and that is immunity from punishment.” Tigar says that Fortier was far more of a conspirator in the McVeigh plot than Nichols, and accuses the government of turning Fortier from a co-conspirator into a witness. Woods accuses the FBI of manipulating and fabricating witness testimony. Tigar concludes tearfully: “One hundred sixty-eight people died in Oklahoma City. We have never denied the reality of that.” But this is a nation that promises equal justice under law, he says, “rich or poor, neighbor or stranger, tax protester or not, someone who’s different from us, or not.… Members of the jury, I don’t envy you the job that you have,” he says, placing his hand on Nichols’s shoulders. “But I tell you, this is my brother. He’s in your hands.” [New York Times, 12/16/1997; New York Times, 12/17/1997]

Entity Tags: Michael Joseph Fortier, Beth Wilkinson, Larry A. Mackey, Michael E. Tigar, Terry Lynn Nichols, Timothy James McVeigh, Ronald G. Woods, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

After the closing arguments (see December 15-16, 1997) in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), Judge Richard P. Matsch sends the jury to begin its deliberations. Jurors will not be sequestered and are free to go home at the end of the day. Matsch reminds the jury that “individuals, including Mr. Nichols, have the right under the First Amendment to assemble and discuss even the most unpopular ideas, including unlawful acts, and such a discussion does not constitute an unlawful agreement.” He also tells the jurors to weigh the case solely on the evidence. [New York Times, 12/17/1997] Matsch gives the Nichols jury more leeway than he gave the jury that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Though Nichols faces the same charges that McVeigh faced, Matsch tells the jurors that they can consider charges of first-degree murder, second-degree murder, or involuntary manslaughter for Nichols in the deaths of eight federal law enforcement agents in the bombing. (Because McVeigh and Nichols were tried in federal courts, they could only face charges of murdering federal agents. Both men await state charges of murdering the other 160 victims.) If convicted, Nichols could escape with as little as six years in prison without parole for his role in the deaths of the agents, or he could be sentenced to death. McVeigh’s former lawyer Stephen Jones (see August 14-27, 1997) says: “I suspect the judge’s thinking went something like this: There was no evidence Nichols was in Oklahoma City on Wednesday and that he himself set off the bomb, so the jury might infer that while he wanted to blow up the building, he didn’t specifically want to kill these people.” To find Nichols guilty of first-degree murder, the jurors must conclude that he is guilty of premeditated murder; if they do not agree on premeditation, then their next choice is second-degree murder, or failing that, involuntary manslaughter, “the unlawful killing of a human being without malice.” This would be a “lawful act, done without due caution, which might produce death,” he says. Jones is critical of Matsch’s guidelines, saying: “I can’t imagine how the judge persuaded himself to give an instruction on manslaughter. I don’t see how you get involuntary manslaughter out of building a bomb. It’s like a virgin prostitute.” [New York Times, 12/19/1997; New York Times, 12/23/1997]

Entity Tags: Terry Lynn Nichols, Richard P. Matsch, Stephen Jones, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) sends a letter to the Dallas Morning News that says he expects the appeals of his conviction to fail. “Because of the intense public pressure and demand for my blood, I do not see an appeals court ruling in my favor,” he writes, echoing a statement made to a Buffalo News reporter (see August 17, 1997). McVeigh writes: “I have no fear of execution. If anything, death by execution is much more predictable than normal life or combat—because I at least know when and how I’m checking out.” [New York Times, 12/20/1997; Mayhem (.net), 4/2009]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 15-16, 1997) is convicted of one count of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter. He is found not guilty of use of a weapon of mass destruction (see April 16-17, 1995), and of using an explosive, as well as the more serious charges of first-degree and second-degree murder. The jury took 41 hours over six days to decide Nichols’s fate (see December 16-18, 1997). By rejecting the murder charges in the deaths of eight federal law-enforcement officials, the jury concludes that Nichols did not provably intend to kill the people inside the Murrah building. Observers and researchers such as law professor Douglas O. Linder will later conclude that the jury believed the defense’s contention that Nichols had withdrawn from the bombing plot (see March 1995 and March 31 - April 12, 1995), and was probably swayed by Nichols’s decision to stay home on the day of the bombing instead of joining convicted bomber Timothy McVeigh in Oklahoma City (see June 2, 1997) at the bomb site. The jury may also have been moved by Nichols’s show of emotion during the trial; unlike the stoic McVeigh, Nichols broke down and wept during several moments in the proceedings. Legal analysts say the split verdict is in part because of a much more effective defense (see December 2, 1997) than that presented by Nichols’s co-conspirator, McVeigh (see August 14-27, 1997), who was sentenced to death for carrying out the bombing (see June 2, 1997). Kentucky defense lawyer Kevin McNally says of the verdicts: “[They mean] he had a much less culpable state of mind regarding the homicides. To the jury, he engaged in certain actions that were reckless, but it wasn’t a premeditated killing.” Former federal prosecutor Marvin L. Rudnick says the jury “probably compromised” on the involuntary manslaughter verdicts. Lead prosecutor Larry Mackey says: “The jury has spoken. We accept their verdict in its entirety. We are prepared to go forward now with the penalty phase.” Nichols’s lead attorney, Michael Tigar, immediately files an appeal and says he will challenge any attempt by the jury to sentence Nichols to death. However, analysts feel that Nichols will escape execution. Denver attorney Andrew Cohen says: “I would be very surprised if the jury sentenced Nichols to death. They distinguished in their own minds what both men did.” Both McVeigh and Nichols face 160 counts of murder in an Oklahoma state court. [New York Times, 12/23/1997; Washington Post, 12/24/1997; New York Times, 12/24/1997; Douglas O. Linder, 2001; Indianapolis Star, 2003; Douglas O. Linder, 2006] Under federal law, a conviction of conspiracy to use a weapon of mass destruction can lead to the death penalty. The law is only three years old and has never been used. This death penalty provision was passed by Congress in 1994 after the bombing of the World Trade Center in New York (see February 26, 1993). [New York Times, 12/25/1997]
Mixed Reactions - Predictably, reactions regarding the verdict are mixed. Claudia Denny, whose two children were seriously injured in the blast, says, “We’re all disappointed, but we can live with it.” She says she would have preferred murder convictions, but “one more terrorist is off the street.… The important thing to us now is our children. This doesn’t change that. It doesn’t matter.” Bud Welch, who lost his daughter in the bombing, says that the involuntary manslaughter convictions were inappropriate because that charge is what people get “for running a stoplight” and killing someone with a car. Diane Leonard, whose husband was one of the eight law enforcement agents killed, calls the verdict “a slap in the face.” Marsha Knight, whose daughter was one of the 160 civilians killed in the blast, says: “He conspired to build the bomb. What the hell did they think he was going to do with it?” [New York Times, 12/24/1997; Washington Post, 12/24/1997] President Clinton says the convictions of McVeigh and Nichols “should offer a measure of comfort” to the relatives of the victims. But, he adds, “I know that no verdict in a court of law can ease the loss of a loved one.” [New York Times, 12/23/1997]
Judge Offers Leniency, Nichols Turns Down Offer - Judge Richard Matsch later tells Nichols he will consider some leniency in sentencing him to prison if he cooperates in helping the government learn more about the bombing conspiracy. Nichols rejects the offer. [Indianapolis Star, 2003]

Entity Tags: Andrew Cohen, Kevin McNally, Bud Welch, Douglas O. Linder, Claudia Denny, Diane Leonard, William Jefferson (“Bill”) Clinton, Marvin L. Rudnick, Timothy James McVeigh, Marsha Knight, Michael E. Tigar, Terry Lynn Nichols, Richard P. Matsch, Larry A. Mackey

Timeline Tags: US Domestic Terrorism

After two days of deliberations and testimony, the jury in the trial of convicted Oklahoma City bomber Terry Nichols (see December 23, 1997) deadlocks on whether Nichols should be sentenced to death (see October 20, 1995). The task of sentencing Nichols now falls to US District Judge Richard Matsch, who excuses the jury and begins considering the sentencing himself. Matsch has the option of sentencing Nichols to life in prison, or to a lesser term. Both Nichols and his partner, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), face murder charges in the state of Oklahoma. The prosecution put on witnesses who provided graphic, emotional testimony about the carnage and personal losses caused by the blast, while the defense painted Nichols as a loving family man who became caught up in a conspiracy he could not control. Prosecutors, already displeased by the jury’s failure to find Nichols guilty of first-degree murder, are further dismayed by the jury’s actions. Some relatives of the bombing victims, many of whom have attended every day of the trial, leave the courtroom in tears. Jury forewoman Niki Deutchman says: “I think he was building a life; he may also have been building a bomb. I don’t know.… The government wasn’t able to prove beyond a reasonable doubt a whole lot of the evidence. The government didn’t do a good job of proving Terry Nichols was greatly involved in this.” She says some jurors did not believe that Nichols was an equal partner in the bombing with McVeigh, and some believe his role to be peripheral at best. The prosecution’s case, Deutchman says, had large holes which some jurors believe preclude a death sentence. “There were a lot of specific acts [alleged by the government] that I had doubts about,” she says. The FBI came across as “arrogant” and “sloppy” in its investigation, Deutchman says, and notes: “I think the government’s attitude… is part of where all this comes from in the first place. I think maybe it’s time the government be more respectful… and not with the attitude that we know and you don’t, we have the power and you don’t.” Other jurors cite the failure of FBI agents to tape-record their initial interrogation of Nichols (see 3:15 p.m. and After, April 21-22, 1995) as one of many troublesome acts carried out by law enforcement officials. Diane Leonard, who lost her husband in the bombing, expresses her horror at the failure to impose the death sentence, saying: “At the verdict, I felt like a knife was piercing my chest. In any civilized society, death is the only appropriate punishment for such an horrendous act.” Other relatives of the victims call the jury inept and unfair. Matsch praises the jury, saying: “You worked at it; there’s no question about it. The result here will be subject to comment by many. There will be some who will criticize it. There will be some who praise it. You know that you are answerable to no one for your decisions.” Nichols’s lead attorney, Michael Tigar, says, “The jury has spoken, and the judge in summarizing this proceeding has given everybody an invaluable object lesson on how the American justice system works.” Denver lawyer Scott Robinson, who has attended the trial as a media commentator, reminds onlookers: “You can make any calculation you want; Terry Nichols is not going home any time soon or ever. I call it a Methuselah sentence. Only Methuselah would live to see the light of day.… It’s not a crushing defeat for the prosecution. If people view it as that, shame on them.” [Washington Post, 1/8/1997; New York Times, 12/30/1997; New York Times, 1/2/1998; Boston Globe, 1/8/1998; New York Times, 1/8/1998; Douglas O. Linder, 2001]
Analysts, Oklahoma Governor Weigh In - Denver attorney Andrew Cohen, like Robinson and other legal analysts, says the outcome is understandable. “You had far less evidence against Nichols than you had against McVeigh and I think that’s the ultimate truth about this Nichols trial,” he says. “I think that justice was served in the first trial and, I think, that the result of this Nichols trial, when the judge sentences Nichols, will be about as close to justice as I can imagine.” Law professor Christopher Mueller notes that Nichols wasn’t in Oklahoma City when the bomb was detonated (see March 1995 and April 16-17, 1995), and defense lawyers were skillful in casting doubt on whether Nichols actually helped McVeigh assemble the bomb (see April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995)). “A verdict of death for Timothy McVeigh and a verdict of a long prison term for Terry Nichols is a just outcome,” he says. Oklahoma Governor Frank Keating is sharply critical of the failure to sentence Nichols to death. “This was the most monstrous act of terrorism ever in the history of the United States,” he says. “The people who did this deserve the death sentence and certainly life in prison—and that hasn’t happened here yet.” Vera Chubb, who served on McVeigh’s jury, is dismayed by the outcome. “They [McVeigh and Nichols] had two years to plan this. If I knew of a friend or anyone that I thought was going to do this horrendous crime, I would have said something,” she says. “I was completely dismayed by this jury.” [Associated Press, 1/11/1998] Keating adds that he is “disappointed with the jury. They were expected to make this decision. This is what juries are supposed to do, and they walked away from it. I’m cautiously optimistic that Judge Matsch, who is a tough, no-nonsense, fact-filled, moral judge will make a decision to impose a life sentence on Nichols. We do have a backup prosecution in Oklahoma which, of course, I support, and we’ll wait and watch and see what happens.” [New York Times, 1/8/1998]

Entity Tags: Frank Keating, Christopher Mueller, Andrew Cohen, Federal Bureau of Investigation, Diane Leonard, Vera Chubb, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch, Scott Robinson, Michael E. Tigar, Niki Deutchman

Timeline Tags: US Domestic Terrorism

Prosecutors in Oklahoma City say they want a joint trial for convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) on 160 charges of first-degree murder. Oklahoma County District Attorney Robert Macy says he intends to bypass the customary grand jury and file charges against the two on his own for the 160 civilians who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). According to Assistant District Attorney Richard Wintory, Macy wants a joint trial with two separate juries. Trying the two again is not a violation of the constitutional ban on double jeopardy, because they were convicted on federal charges that involved the deaths of eight federal agents (see August 10, 1995). They have not been tried for the deaths of the 160 civilians. Wintory says the use of a double jury would save a great deal of time because “there is such a large overlap of the evidence” against both men. When evidence that has been ruled inadmissible against one defendant is to be introduced against the other, Wintory says, the jury that may not hear that evidence will be asked to leave the room. Double juries have been used successfully in other trials, and would spare the survivors and victims’ families of the bombing the stress and trauma of two more trials, a point agreed to by Jeffrey Abramson, a professor of government at Harvard. He says “the idea of two consecutive trials on top of two consecutive trials is too much for the public, the defendants, and the families to bear.” The use of two juries is “a way of balancing defendants’ rights and victims’ rights in a speedy trial.” However, “[i]t changes the psychodynamics of what it means to be on a jury. Two juries sitting in the same room will eyeball the defendant they’re not being asked to try. Certainly, this is not in Terry Nichols’s best interest. If I were his defense lawyer, I would resist.” Having McVeigh and Nichols in the same courtroom “carries a certain suggestion they were in cahoots.” [New York Times, 1/9/1998]

Entity Tags: Timothy James McVeigh, Jeffrey Abramson, Richard Wintory, Terry Lynn Nichols, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

Lawyers for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) ask the US Court of Appeals for the 10th Circuit, based in Denver, for a new trial for their client. They argue that McVeigh did not receive a fair trial. In a 225-page brief, McVeigh’s lawyers say that Judge Richard P. Matsch, the federal district judge who presided over McVeigh’s trial and sentencing, made a number of errors in his rulings, jurors had been exposed to prejudicial information in news reports that McVeigh had confessed to his defense team (see February 28 - March 4, 1997), Matsch ignored juror misconduct, and Matsch allowed “unfairly prejudicial, inflammatory” testimony from bombing survivors. [New York Times, 1/17/1998]

Entity Tags: Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), sends a 16-page letter to Judge Richard Matsch declaring that he would give up his life if it would bring back the 168 people who died in the blast. “If I in any way contributed to the Oklahoma City bombing, I am truly sorry,” he writes. “I’ve tried and tried, but there are no words that I can express to the victims and survivors for the loss, pain, sorrow, and heartache that they have gone through and will continue to go through for the rest of their lives.… I wish I could change the past, but I can’t. No one can. This is not anything that I ever wanted to happen. It’s a totally senseless act. This is a burden that I will carry with me all my life.” Nichols says that he never wanted to harm or kill anyone or to damage or destroy any buildings, and writes: “I would not do a horrible thing such as a terrorist bombing.… My heart truly goes out to the victims and survivors. And I am sincere when I say that I would give my life if it would bring back all those that died in the bombing.” He implies that he never believed his co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) would actually go through with the bombing. [New York Times, 3/25/1998; Chicago Tribune, 6/5/1998; Indianapolis Star, 2003; Douglas O. Linder, 2006; The Oklahoman, 4/2009]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Stephen Jones, the former lawyer for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and August 14-27, 1997), says he will fight a subpoena from a grand jury investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Documents unsealed today show that the grand jury asked the Oklahoma County District Attorney’s office in February to subpoena Jones. “I will not testify,” Jones says, citing both his attorney-client privilege and the Oklahoma shield law protecting journalists from testifying before grand juries. Jones says the shield law applies to him because he is writing a book and three law review articles about issues arising from the case that do not involve privileged information, as well as his appearances as a television commentator. The grand jury was convened after a campaign by Oklahoma State Representative Charles Key (R-Oklahoma City) and accountant Glenn Wilburn (see June 30, 1997). The grand jury does not have any connection with the District Attorney’s upcoming charges against both McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s current lawyer, Robert Nigh Jr., says the subpoena is a surprise to him. McVeigh has not waived his attorney-client privilege as it pertains to Jones, and any testimony by Jones could jeopardize McVeigh’s appeals. “He’s asked the 10th Circuit to grant a new trial,” Nigh says. “Anything revealed to the grand jury in the nature of defense work product could defeat our defense at a new trial and reveal our strategy.” Law professor Samuel Issacharoff has mixed feelings about the subpoena: “It should be unusual, exceptional and discouraged to try to turn lawyers into witnesses,” he says. “On the other hand, there is a distressing practice of lawyers holding press conferences and holding themselves out as commentators on the events of the day, including their perception of the client. The result is, they seem to invite this. It is a very unfortunate development because it places the lawyer’s interests starkly against those of the client.” [New York Times, 4/25/1998]

Entity Tags: Robert Nigh, Jr, Charles R. Key, Glenn Wilburn, Stephen Jones, Terry Lynn Nichols, Timothy James McVeigh, Samuel Issacharoff

Timeline Tags: US Domestic Terrorism

Judge Richard P. Matsch sentences convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997) to life in prison without the possibility of parole after his jury cannot decide whether to sentence him to death (see January 7, 1998). He is also sentenced to eight concurrent six-year terms for the deaths of eight federal agents. Matsch orders Nichols to pay $14.5 million in restitution to the General Services Administration (GSA) for the destruction of the Murrah Federal Building. Nichols swears he has only $40,000 in assets; Matsch says that any future proceeds he might receive for selling his story would be given over to the government. Nichols’s defense team tried in vain to assert that Nichols was a “dupe” of fellow defendant Timothy McVeigh (see June 11-13, 1997) and should be given a lighter sentence. Nichols, who refused to provide information about the bombing plot, gave Matsch a written apology (see March 10, 1998). Matsch says Nichols committed an act of treason that demands the most severe punishment: “The only inference that can be drawn from the evidence is that the purpose of the plan was to change the course of government through fear and intimidation.… The evidence shows to my satisfaction that the intention was to disrupt, to disorganize, to intimidate the operations of these agencies and United States government. Apparently, the intention was that the response would be fear and terror and intimidation and that these people would not be able to perform their work and that the response throughout the nation would be hysteria.… But you know, it didn’t work out that way. There was no anarchy. There was no reign of terror.… What occurred was that a community became even more united, and I think perhaps the country as well. We proceeded with the orderly processes of recovery and of restoration.… What he did was participate with others in a conspiracy that would seek to destroy all of the things that the Constitution protects. My obligation as a judge is to preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic. Terry Nichols has proven to be an enemy of the Constitution, and accordingly the sentence I am going to impose will be for the duration of his life. Anyone, no matter who that person might be or what his background might be, who participates in a crime of this magnitude has forfeited the freedoms that this government is designed to protect.” Prosecutors say they are pleased with the sentence, while Nichols’s defense lawyers continue to assert that Nichols did not intend to kill anyone in the bombing. Nichols’s lead attorney, Michael Tigar, files papers calling for a new trial; Matsch says he will schedule a hearing. Marsha Kight, whose daughter Frankie Ann Merrell was killed in the bombing, says: “I’m proud of what happened in the judicial system. I felt like singing ‘God Bless America.’ He got what he deserved.” [Chicago Tribune, 6/5/1998; Washington Post, 6/5/1998; New York Times, 6/5/1998; Douglas O. Linder, 2001; Indianapolis Star, 2003; Fox News, 4/13/2005] Nichols will serve his term in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). [Douglas O. Linder, 2006] Nichols refused an offer of leniency in return for his cooperation in further investigation of the bombing (see April 21, 1998).

Entity Tags: Frankie Ann Merrell, General Services Administration, Michael E. Tigar, Marsha Kight, Ramzi Yousef, Richard P. Matsch, Theodore J. (“Ted”) Kaczynski, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Federal Judge Richard P. Matsch gives permission for the Justice Department to assist the investigation of an Oklahoma grand jury investigating whether the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was carried out by more than the two men convicted of the crime (see June 30, 1997). Matsch presided over the trials of convicted bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). Matsch says he will allow a federal judge in Oklahoma to decide whether federal grand jury information used to indict McVeigh and Nichols (see August 10, 1995) could be used by the Oklahoma grand jury. [New York Times, 6/25/1998]

Entity Tags: Richard P. Matsch, Timothy James McVeigh, US Department of Justice, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The New York Times reports on previously undisclosed letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), as well as similarly undisclosed suspicions among McVeigh’s family members that he carried out the bombing—suspicions that they later shared with FBI investigators. According to the letters, all written to his younger sister and confidant Jennifer McVeigh, McVeigh was despondent over not being able to confide the extent of his anti-government activities to his family, even Jennifer, and at at least one point contemplated suicide. The Times obtained copies of the letters and summaries of the interviews, which were not presented at McVeigh’s trial last year.
Letters - An October 1993 letter to Jennifer (see October 20, 1993) expresses his distress over not being able to fully discuss his anti-government feelings and “lawless behavior,” and alleges that he left Special Forces training, not because he could not meet the physical requirements (see January - March 1991 and After), but because he learned that if he became a Green Beret, he could be required to take part in government-sanctioned assassinations and drug trafficking. A Christmas 1993 letter to Jennifer hints that he might be involved in bank robberies and/or other illegal activities (see December 24, 1993). And another letter, written four months before the bombing, warns her that he may “disappear” or go “underground” (see January 1995).
Family Suspicions - Jennifer told FBI investigators (see April 21-23, 1995) that she had an “eerie feeling” her brother was involved with the bombing. His father, William McVeigh, told investigators he was worried that McVeigh would do something to get in trouble; he also told investigators that his mother, Mildred Frazer, thought her son “did the bombing.” William McVeigh was not convinced of the government’s theory that his son’s anger over the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) was the trigger that set him on a path of destruction, a stance other family members emulated. William McVeigh told investigators that his son’s real problems may have begun over money, starting with the Army’s demand that he repay an “overpayment” (see March 1992 - February 1993), a demand that infuriated McVeigh. William McVeigh acknowledged that his son was obsessed with the deaths of the Branch Davidians, and told investigators that he and his son were at “opposite ends politically.” He said his son was bright but never really succeeded in life because he did not handle pressure well, did not take orders well, and had trouble handling the responsibilities of day-to-day work. But Jennifer thought that her brother’s breaking point came earlier, when he withdrew as a candidate for the Army’s Special Forces, as he wrote to her in an October 1993 letter (see October 20, 1993).
Undisclosed Evidence Suggesting Militia Ties - The Times also reports on previously undisclosed witness statements that indicate Timothy McVeigh may have had militia ties, something long suspected (see November 1992, January 23, 1993 - Early 1994, April 1993, April 19, 1993 and After, September 1993, October 12, 1993 - January 1994, March 1994, August - September 1994, September 12, 1994 and After, November 1994, and December 1994), but never made a large factor in McVeigh’s trial. One witness, a corrections officer who worked as a security guard in Kingman, Arizona, around the time McVeigh worked as a guard (see May-September 1993), told FBI investigators that he and his father once saw McVeigh with 10 or 15 other people dressed in camouflage in the desert north of Kingman in the fall of 1994. The group had firearms spread over the hood of an old yellow or tan station wagon, he said. The officer also said that he saw McVeigh’s friends Michael and Lori Fortier, whom he knew from high school, arrive—presumably at the desert meeting—in a small blue pickup truck with a white camper shell, a description that fits the truck owned at the time by McVeigh’s accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). The Fortiers have testified that Nichols came to their Kingman home in his blue pickup in October 1994, shortly after McVeigh had them rent a storage locker for him in which he stored stolen detonators and other explosives (see October 4 - Late October, 1994). [New York Times, 7/1/1998]

Entity Tags: Terry Lynn Nichols, Jennifer McVeigh, Federal Bureau of Investigation, Lori Fortier, New York Times, William (“Bill”) McVeigh, Michael Joseph Fortier, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The Tenth Circuit Court of Appeals upholds the conviction of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). [Tenth Circuit Court of Appeals, 9/8/1998; Douglas O. Linder, 2001] McVeigh appealed the conviction due to the allegedly poor performance of his lawyer (see August 14-27, 1997) and because of alleged errors by the presiding trial judge (see January 16, 1998). [CNN, 2001]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A federal appeals court orders the release of evidence used in the federal trials of convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). The order paves the way for Oklahoma authorities to try the two on state murder charges related to the deaths of 160 civilians in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The appeals judges say they will delay release of the evidence to allow defense lawyers to appeal their ruling. [New York Times, 10/5/1998]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) asks a federal appeals court in Denver for a new trial, contending that Judge Richard P. Matsch, who presided over his trial, made a number of reversible errors in both the trial and sentencing. Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) has also asked for a new trial (see January 16, 1998), a request that was denied (see September 8, 1998). Nichols’s legal team, Michael Tigar, Susan L. Foreman, and Adam Thurschwell, argue that Matsch erred in the instructions he gave the jurors, in the testimony he permitted, and in his interpretation of federal sentencing guidelines. According to Nichols’s lawyers, Matsch erred when he told the jury that Nichols’s responsibility for the deaths of people killed as a result of the bombing conspiracy (see 8:35 a.m. - 9:02 a.m. April 19, 1995) did not depend on proof that Nichols intended to kill anyone. An intent to kill, Nichols’s lawyers contend, is a necessary element in the offense. The jurors who convicted Nichols of conspiracy acquitted him of blowing up the building and of first- or second-degree murder in the deaths of the officers. They also contend that Nichols should have been sentenced under federal guidelines for arson and property damage, not first-degree murder, and that the restitution order of $14.5 million is punitive. [New York Times, 11/22/1998]

Entity Tags: Richard P. Matsch, Adam Thurschwell, Susan L. Foreman, Michael E. Tigar, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Charles Key.Charles Key. [Source: Oklahoma City Sentinel]An Oklahoma County grand jury investigating alternative theories about the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 30, 1997) wraps up without naming any new suspects aside from convicted bombing conspirators Timothy McVeigh (see June 11-13, 1997) and Terry Nichols (see June 4, 1998). After hearing 117 witnesses and weathering criticism that its work gave legitimacy to wild conspiracy theories surrounding the blast, the grand jury reports: “We cannot affirmatively state that absolutely no one else was involved in the bombing of the Alfred P. Murrah Federal Building. However, we have not been presented with or uncovered information sufficient to indict any additional conspirators.” [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; New York Times, 12/31/1998; The Oklahoman, 4/2009]
Findings - The jury reviewed documentation of a number of “warning” telephone calls to federal and local law enforcement agencies, and determined that none of them warned of a bombing attack against the Murrah Building, or any other attack. One such call came a week before the blast, a 911 call from an Oklahoma City restaurant that warned the operator of an upcoming bombing. The caller gave no more details. Police quickly looked into the call and determined it came from a mental patient who lived in a nearby care facility. The jury also investigated the numerous claims of sightings of a possible third bomber, “John Doe No. 2,” and determined that the information given by the witnesses was so disparate and general that nothing useful could be concluded. The jury reports that the sightings were most likely of Todd Bunting, an Army private who had no connection to McVeigh or the bombing (see January 29, 1997). “The similarity of… Todd Bunting to the composite of John Doe No. 2 [is] remarkable, particularly when you take into account Bunting’s tattoo of a Playboy bunny on his upper left arm and the fact that he was wearing a black T-shirt and a Carolina Panthers ball cap when he was at Elliott’s Body Shop,” the report states. Witness statements of “John Doe No. 2” fleeing the scene of the bombing in a “brown pickup truck” were erroneous, the report finds. A brown pickup truck did leave the area shortly before the bombing, driven by an employee of the Journal Record Building near the Murrah Building. The driver left the building shortly before the bombing after being informed that her child was ill. The jury finds no evidence that the bombing was orchestrated by the federal government, or that any agency knew about the bombing in advance. [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; Denver Post, 1/9/1999]
Journalist Indicted for Jury Tampering - The jury does bring an indictment against investigative journalist David Hoffman, who will plead guilty to jury tampering, admitting that he sent one of the alternate grand jurors a letter copy of a book on conspiracy theories about the bombing. In a sealed indictment, the jury cited Hoffman for “improper and perhaps illegal attempts to exert influence on the outcome of our investigation.” Hoffman will be given a suspended sentence and 200 hours of community service. Hoffman will later call the indictment “a sham charge by a corrupt government designed to silence me,” and will write a book, The Oklahoma City Bombing and the Politics of Terror, which says the government falsely accused McVeigh and Nichols of the crime, concealing the involvement of others, perhaps members of neo-Nazi groups with which McVeigh was involved (see October 12, 1993 - January 1994 and (April 1) - April 18, 1995). [New York Times, 12/31/1998; Vanity Fair, 9/2001; Lukeford (.net), 11/25/2002]
Report Denounced - Former Oklahoma State Representative Charles R. Key (R-Oklahoma City), who helped convene the grand jury, immediately denounces the findings. [Southern Poverty Law Center, 6/2001] Key has insisted that McVeigh and Nichols had unplumbed connections with Islamist terrorists (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After), and has insisted that what he calls “revisionist news reports” by the mainstream media have failed to show Islamist connections to the bombing. He has even implied that government officials were complicit in the bombing. [Charles Key, 3/12/1997] The grand jury reports, “We can state with assurance that we do not believe that the federal government had prior knowledge that this horrible terrorist attack was going to happen.” The jury findings are “a ditto of what the federal government presented in the McVeigh trial,” Key states. “It had huge, gaping holes.” Glenn Wilburn, who lost two grandchildren in the bombing, died in 1997 before the jury returned its findings. Key has set up a private non-profit group, the Oklahoma Bombing Investigation Committee, which also gathered information about possible witnesses and submitted their names to the grand jury and urged Congress not to let the federal investigation drop. Key says that group will issue a final report of its own that “will read quite differently than this report today.” [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; New York Times, 12/31/1998]

Entity Tags: Timothy James McVeigh, Oklahoma Bombing Investigation Committee, David Hoffman, Glenn Wilburn, Terry Lynn Nichols, Todd David Bunting, Charles R. Key

Timeline Tags: US Domestic Terrorism

The US Supreme Court refuses to hear an appeal of Timothy McVeigh’s conviction for bombing a federal building in Oklahoma City and killing eight federal agents (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). [Douglas O. Linder, 2001; Fox News, 4/13/2005]

Entity Tags: US Supreme Court, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, December 23, 1997, and June 4, 1998) is charged with 160 counts of murder at the state level in Oklahoma. Prosecutors say they will seek the death penalty. Nichols is serving a life sentence as a conspirator in the bombing of the Murrah Federal Building, which killed 168 people. The 160 counts of murder represent the civilians, as opposed to federal agents, killed in the blast. Oklahoma District Attorney Robert Macy says of Nichols’s previous convictions: “I’m not satisfied with the outcome of the Nichols trial. I feel like he needs to be tried before an Oklahoma jury.” Nichols escaped murder convictions in the previous trial. Along with the 160 counts of murder, Nichols faces one count of first-degree manslaughter for the death of a fetus, one count of conspiracy to commit murder, and one count of aiding and counseling in the placing of a substance or bomb near a public building. Macy says he intends to try Nichols’s convicted co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) at a later date. [New York Times, 5/30/1999; The Oklahoman, 4/2009]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) is transferred to the federal penitentiary in Terre Haute, Indiana. The facility is the only federal prison in the US equipped with an execution chamber (see June 11-13, 1997). [Douglas O. Linder, 2001; Washington Post, 5/25/2007]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A researcher for a 1997 documentary about the Branch Davidian debacle near Waco, Texas (see April 19, 1993), questions the government’s claim that the FBI did not use incendiary devices when it launched its assault on the Davidian compound. The assault triggered a fire that swept through the compound and killed nearly 80 Davidians, including their leader, David Koresh. Officials have since denied any use of incendiary or pyrotechnic devices during the assault, and investigations have concluded that the Davidians themselves set the fires that consumed them (see August 4, 1995). Researcher Michael McNulty, who is preparing a new documentary on the final assault, says state and federal officials are refusing to allow public access to over 12 tons of evidence from the Davidian site stored in Waco. McNulty says that according to evidence logs compiled by the Texas Rangers, at least six items listed as silencers or suppressors are actually “flash-bang” devices used by law enforcement officials to stun suspects. McNulty says the devices can start fires in small, enclosed spaces. The evidence logs show that the devices were found in areas of the compound in which the fires began, McNulty says. “It’s our belief that these pieces of ordnance could and probably did have an impact on the fire on April 19th,” he says. Justice Department spokesman Myron Marlin calls the allegations “nonsense” and says they ignore evidence that the fire was set in several places at the same time. “We know of no evidence that any incendiary device or flash-bang device was fired into the compound on April 19,” Marlin says. The chairman of the Texas Department of Public Safety, James Francis, says he has asked a federal judge to take control of the evidence and allow experts to examine it. [Associated Press, 7/29/1999] Francis will succeed in having the evidence opened and reexamined (see August 10, 1999 and After). Shortly thereafter, the Justice Department will admit that such devices were indeed used during the assault, but will claim that they had nothing to do with starting the fires (see August 25, 1999 and After). Examination will show that at least one of the spent shells was from an illumination flare fired into the compound during the early days of the assault (see September 9, 1999).

Entity Tags: Myron Marlin, Branch Davidians, David Koresh, Federal Bureau of Investigation, James B. Francis Jr, Michael McNulty

Timeline Tags: 1993 Branch Davidian Crisis

James B. Francis Jr., the head of the Texas Department of Public Safety and a fundraiser for the presidential campaign of Governor George W. Bush, convinces federal judge Walter Smith to order that government vaults containing 12 tons of evidence from the Branch Davidian compound near Waco be opened, and the contents reexamined. The Davidian compound was destroyed six years ago as the culmination of a 51-day standoff between the residents and the FBI (see April 19, 1993). Smith orders the reopening of the vaults after inquiries from an independent filmmaker, Michael McNulty (see July 29, 1999), and a lawyer, David Hardy, who has long challenged the government’s account of events. There are three kinds of evidence to be examined, Francis has said: “One is shells, shell casings, physical things. The second type of evidence is video and still photographs. The third type are interviews done there on the spot at the time.” Smith’s order reads in part: “First and foremost, the parties to civil litigation pending in this court have the right to seek access (see April 1995). Second, the events that took place between Feb. 28 and April 19, 1993, and thereafter, have resulted in sometimes intense interest from the national media and the members of the public. There may come a time when persons other than the current civil litigants would be allowed access to the materials.” [Associated Press, 8/10/1999; Associated Press, 9/10/1999; Associated Press, 9/17/1999] One document that will prove to be extremely significant is the 49th and final page of a December 1993 lab report that has long ago been made available to lawmakers and attorneys. The 49th page had been removed. It states that FBI investigators who examined the scene at Waco found a “fired US military 40mm shell casing which originally contained a CS gas round,” and two “expended 40mm tear gas projectiles.” (The Justice Department will later claim that the prosecution and defense lawyers in the civil trial received the 49th page as well.) [Associated Press, 9/11/1999] The Texas Rangers review the contents, and find a spent military tear-gas canister, which forces the FBI and the Justice Department to admit that their agents fired incendiary gas canisters into the compound during the final assault (see August 25, 1999 and After). The government has previously denied firing any weapons into the compound that might have caused the conflagration that consumed the building and killed almost all of the residents. As a result of the investigation, the federal government names a special prosecutor to investigate whether there was a government cover-up (see September 7-8, 1999 and July 21, 2000), and Attorney General Janet Reno (see July 29, 1999) has to weather calls from Republican lawmakers to resign. Later, Francis denies reopening the case for political reasons. His decision “unleashed a series of forces that were apparently a lot bigger than what I recognized,” he will say. “I never dreamed that it would turn into something like this.” He will claim that he is “doing everything in my power to not politicize this” controversy. Governor Bush himself refrains from commenting on the issue, though his chief of staff helped bring McNulty and Hardy to Francis’s attention. Hardy will say of Francis, “I don’t think there’s any question that he is the shining light of this entire inquiry.” Hardy used his friends in the Texas gun lobby to contact former Texas Senator Jerry Patterson; Patterson contacted Bush’s chief of staff Clay Johnson, who in turn referred him to Francis. “I think what happened to Jim Francis is he initially wanted to be very low-key and then as more and more revelations began to surface, he became angry and disgusted, as all of us are,” Patterson will say. “This was not a role that he sought.” As for his own role, Francis will say: “It’s important that the facts come out, whatever those are. I’m not a hero, but I have done the right thing.” [Excite, 7/28/1999; Excite, 7/29/1999; Associated Press, 8/10/1999; Associated Press, 9/10/1999; Associated Press, 9/17/1999] In July, the Justice Department called Francis’s allegations of mismanagement and possible cover-ups “nonsense.” [Excite, 7/28/1999; Excite, 7/29/1999]

Entity Tags: Branch Davidians, George W. Bush, David Hardy, Clay Johnson, Federal Bureau of Investigation, Walter Smith, Texas Rangers, James B. Francis Jr, US Department of Justice, Janet Reno, Michael McNulty, Jerry Patterson

Timeline Tags: 1993 Branch Davidian Crisis

Pyrotechnic CS gas canisters.Pyrotechnic CS gas canisters. [Source: Law Enforcement Equipment Distribution]According to newly presented documents, the FBI used two or three pyrotechnic tear gas canisters during the raid on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The documents contradict earlier FBI and Justice Department claims that law enforcement officials did nothing that could have contributed to the fire that killed over 80 sect members. Former senior FBI official Danny Coulson begins the revelations by admitting to the Dallas Morning News that the FBI had indeed used pyrotechnic grenades, though he says the grenades did not start the fires that consumed the building. Texas Department of Public Safety Commission Chairman James Francis says the Texas Rangers have “overwhelming evidence” supporting Coulson’s statement. “There are written reports by Rangers, there is photographic evidence, there is physical evidence, all three of which are problematic,” Francis says. Coulson, the founder of the FBI’s Hostage Rescue Team and a former assistant deputy director, says that two M651 CS tear gas grenades were fired into the building, but they were fired hours before the blazes erupted. Attorney General Janet Reno, who tells reporters she knew nothing of the grenade usage and is “very, very frustrated” at the knowledge, appoints former Senator John C. Danforth (R-MO) as the head of an investigatory commission (see September 7-8, 1999); Danforth will find that, regardless of the use of the pyrotechnic gas canisters, law enforcement officials were not responsible for the fire, and neither the FBI nor the Justice Department tried to cover up any actions (see July 21, 2000). [PBS Frontline, 10/1995; Dallas Morning News, 8/25/1999; Salon, 9/9/1999] The military M651 canisters, which burn for about 30 seconds to heat and release the solidified tear gas inside, were fired from a Bradley fighting vehicle at a bunker near the main building (see September 3, 1999). After the assault, a Texas Ranger found a spent 40mm gas canister shell lying on the ground and asked a nearby FBI agent, “What’s this?” The agent promised to find out, but never returned with an answer; the shell went into evidence containers (see August 10, 1999 and After). Two weeks after the FBI acknowledges the use of incendiary gas canisters at the Waco assault, Reno testifies on the matter to the House Judiciary Committee. She says that, based on the briefings she had been given (see April 17-18, 1993), “It was my understanding that the tear gas produced no risk of fire.… That fire was set by David Koresh and the people in that building.” After her testimony, Senate Majority Leader Trent Lott (R-MS) calls on Reno to resign. [Newsweek, 9/6/1999; Associated Press, 9/10/1999] FBI agent Byron Sage, the chief negotiator during the Davidian standoff, will say in 2003 that the incendiary gas canisters could not have set the fires. “This is the critical point, the M651 rounds were never directed towards the wooden structure,” he will say. “They were used in an area yards away from the building. Also, they were used earlier in the day. The fire didn’t start until four hours later. They had absolutely nothing to do with that fire.” Sage will say that the canisters were fired only at a construction pit near the compound where other gas-discharging devices had been smothered in mud. The pit was targeted because some Davidian gunfire during the ATF raid had come from that area, he will say. [Waco Tribune-Herald, 3/16/2003] Charles Cutshaw, an editor of Jane’s Defense Information and an expert on this kind of weapon, says these military tear gas cartridges are not intended to start fires. He says he knows of no studies or reports on how often such cartridges may have caused fires. [Washington Post, 9/4/1999] Shortly after the admission, federal prosecutor Bill Johnston, one of the lawyers for the government in the wrongful-death lawsuit filed by surviving Davidians (see April 1995), informs Reno that government lawyers had known for years about the use of pyrotechnic tear-gas rounds (see August 30, 1999). Johnston will be removed from the lawsuit and replaced by US Attorney Michael Bradford. [Fort Worth Star-Telegram, 7/21/2000] He will also plead guilty to concealing evidence from investigators concerning the canisters (see November 9, 2000).

Entity Tags: FBI Hostage Rescue Team, Bill Johnston, Danny Coulson, Byron Sage, Branch Davidians, Federal Bureau of Investigation, James B. Francis Jr, Trent Lott, Janet Reno, US Department of Justice, John C. Danforth, Texas Rangers, Charles Cutshaw, Michael Bradford

Timeline Tags: 1993 Branch Davidian Crisis

The FBI launches an internal inquiry into why it took six years to admit that agents may have fired potentially flammable tear gas canisters on the final day of the 1993 standoff with the Branch Davidian cult near Waco, Texas (see August 25, 1999 and After). Attorney General Janet Reno and FBI Director Louis Freeh order 40 FBI agents led by an FBI inspector to re-interview everyone who was at the Waco scene. James Francis, the chairman of the Texas Department of Public Safety who pressed for evidence to be reexamined (see August 10, 1999 and After), says federal officials must explain why Delta Force members were at the scene of the final assault (see August 28, 1999). “Everyone involved knows they were there. If there is an issue, it was what was their role at the time,” Francis says. “Some of the evidence that I have reviewed and been made aware of is very problematical as to the role of Delta Force at the siege.” A Defense Department document shows that a Special Forces unit was at the assault; the US military is prohibited from involvement in domestic police work without a presidential order. FBI spokesman James Collingwood says the bureau continues to insist that it did nothing to start the fires that consumed the Davidian compound and killed almost 80 Davidians (see April 19, 1993). “Freeh is deeply concerned that prior Congressional testimony and public statements [about the use of flammable devices] may prove to be inaccurate, a possibility we sincerely would regret.… [A]ll available indications are that those [pyrotechnic gas] rounds were not directed at the main, wooden compound. The rounds did not land near the wooden compound, and they were discharged several hours before the fire started.” Dan Burton (R-IN), chairman of the House Government Reform Committee, says: “I am deeply concerned by these inconsistencies.… I intend for the committee to get to the bottom of this.” Senator Charles Grassley (R-IA) says that the new evidence indicated “further erosion of the FBI’s credibility.” Privately, Justice Department officials are said to be furious that Reno was allowed to maintain for years that no such incendiary rounds were used during the assault, when some FBI officials presumably knew otherwise. [Associated Press, 8/26/1999] Reno has publicly said she is “very, very upset” at the sequence of events, and Collingwood describes Freeh as “incredulous.” [Newsweek, 9/6/1999]

Entity Tags: James B. Francis Jr, Branch Davidians, Charles Grassley, Federal Bureau of Investigation, Louis J. Freeh, US Department of Justice, James Collingwood, Janet Reno, Dan Burton

Timeline Tags: 1993 Branch Davidian Crisis

The media learns that members of the US Army’s elite Delta Force were involved in a March 1993 meeting to discuss the management of the Branch Davidian siege near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993). Former CIA officer Gene Cullen, who was a senior officer in the CIA’s Office of Security, says that he attended that meeting, which took place at CIA headquarters. Federal law prohibits military involvement in law enforcement matters and precludes CIA operations on domestic soil. The Delta Force members were “mostly observers,” Cullen recalls, but he says that they offered to lend more overt assistance if any more federal agents were killed. “Their biggest fear was that more agents would be killed,” says Cullen. Participants at the meeting also discussed the use of “sleeping gas” which could be used to peacefully end the siege. Cullen tells reporters: “My charter at the agency was facilities personnel and operations worldwide. So we called this meeting [at CIA] during the Waco crisis… to see how the [FBI’s Hostage Rescue Team] would respond if it was one of our buildings in this country, and if it were overseas, how Delta would respond. So we’re all sitting around the room talking about scenarios. The FBI gave us a briefing on what had transpired. The Delta guys didn’t say much. They were playing second fiddle to the FBI.” Pentagon officials deny any military involvement in the Waco siege. [Salon, 8/28/1999] In late October, Army officials will confirm they were asked to assist in the BATF assault that precipitated the crisis (see 5:00 A.M. - 9:30 A.M. February 28, 1993), and say they questioned the legality of military involvement, which would require a presidential order to allow their involvement in domestic law enforcement matters. A Pentagon official says no consideration was ever given to making a request of President Clinton to allow Army involvement in the situation. Pentagon officials will also admit that three Delta Force members were present at the April assault that destroyed the Davidians and killed almost all of the members, but say that they participated only as observers. They also admit that Delta Force officers did meet with Reno to discuss strategies of forcing the Davidians out of their compound. [Associated Press, 10/31/1999]

Entity Tags: Janet Reno, Branch Davidians, FBI Hostage Rescue Team, Gene Cullen, US Special Forces, Federal Bureau of Investigation, US Department of the Army

Timeline Tags: 1993 Branch Davidian Crisis

The FBI releases a videotape taken during the first minutes of the April 1993 assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993), which contains audio of Richard Rogers, the assistant special agent in charge of the FBI’s Hostage Rescue Team (see March 23, 1993), giving permission for agents to fire military tear gas at a bunker several hundred yards away from the main Davidian compound. Those military gas canisters contained incendiary devices to help disperse the gas. The Justice Department recently admitted, after six years of denials, that the FBI did use incendiary devices during the attack, though both agencies continue to insist that their actions did not lead to the fires that consumed the compound and killed almost 80 Davidians (see August 25, 1999 and After). Rogers gave permission to fire the incendiary canisters at 7:48 a.m., almost two hours after the assault commenced. The videotape was taken by an FBI surveillance aircraft using infrared radar during the first hours of the assault. [Reuters, 9/4/1999; Washington Post, 9/4/1999] The next day, the FBI will release another tape with audio describing the effects of one such gas canister on the bunker (see September 3, 1999).

Entity Tags: Branch Davidians, US Department of Justice, Federal Bureau of Investigation, Richard Rogers, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

The FBI releases a newly discovered videotape that shows FBI agents using incendiary, or pyrotechnic, tear-gas canisters during the April 1993 assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The audio portion of the videotape, taken by an FBI surveillance aircraft using infrared radar during the first hours of the assault, shows that agents were unable to breach the concrete wall of a bunker near to the main compound with the gas canister; the tape has an agent saying: “Yeah, the military gas did not penetrate that, uh, bunker where the bus was. It bounced off.” Another agent then suggested moving to a different position where a gas canister could be fired into the bunker through a doorway. The day before, the FBI released an earlier portion of the same videotape that shows the head of the FBI’s Hostage Rescue Team (HRT) giving permission for agents to use the incendiary gas canisters on the bunker (see September 2, 1999). The canister bounced off the bunker wall at 8:08 a.m.; the tape runs through 8:24 a.m., when an agent asked that it be shut off. The videotape is more evidence that, contrary to six years of denials from the FBI and the Justice Department, the FBI did use two and perhaps three incendiary devices during the final assault (see August 25, 1999 and After). Four hours after the events of the videotape, the compound erupted in flames that killed almost 80 Davidians; both the Justice Department and the FBI insist that the Davidians, not the FBI, caused the fires that consumed the compound. Attorney General Janet Reno describes herself as “very troubled” over the new evidence. “Over the past two weeks, I, along with many Americans, have been troubled, very troubled, over what has transpired,” she says during a press converence. Reno says her orders to assault the compound (see April 17-18, 1993) were very specific in banning the use of incendiary devices on any portion of the compound. Reno says she will appoint an outsider to head an independent investigation to “get to the truth” of what happened during that assault (see September 7-8, 1999). Reno says she has asked why it took so long for the FBI to inform the Justice Department about the tapes: “I questioned that. I think this is a matter the outside investigator should look at.” [Reuters, 9/4/1999; Washington Post, 9/4/1999]

Entity Tags: US Department of Justice, Branch Davidians, Janet Reno, FBI Hostage Rescue Team, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

John C. Danforth.John C. Danforth. [Source: Huffington Post]Attorney General Janet Reno names former Senator John Danforth (R-MO) as a special counsel to investigate the events of the April 1993 tragedy outside of Waco, Texas (see April 19, 1993), and specifically to determine whether actions by the FBI led to the fire that destroyed the Branch Davidian compound and killed almost 80 Davidians. Reno opens the investigation after learning that the FBI concealed evidence of the use of incendiary gas cartridges during the assault on the Davidian compound, actions that some believe may have started some of the fires (see August 10, 1999 and After, August 25, 1999 and After, and August 26, 1999). Danforth is a former US attorney general and an Episcopal priest. According to an Associated Press report, “both admirers and detractors have noted his emphasis on morals as well as his stubborn independence.” Former Senator Thomas Eagleton (D-MO), who served in the Senate with Danforth for 10 years, says: “He calls them like he sees them. Members of the Senate or House will have full faith in his finding.” [Associated Press, 9/7/1999; Associated Press, 9/9/1999; Fort Worth Star-Telegram, 7/21/2000] Republicans in Congress have called on Reno to resign, while Democrats defend her tenure and say her actions during and after the Waco assault have been “commendable.” House Judiciary Chairman Henry Hyde (R-IL) says that he will hold off on attempting to launch a five-member commission to probe the Waco debacle. He will allow the Danforth investigation to proceed unimpeded, unless he feels the Justice Department is not cooperating with the probe. “Should events prove otherwise, we will reconsider this decision,” Hyde says. [Associated Press, 9/9/1999] Danforth’s investigation will clear the FBI and the federal government of any wrongdoing (see July 21, 2000).

Entity Tags: Janet Reno, Henry Hyde, John C. Danforth, Branch Davidians, Thomas F. Eagleton, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Investigators say that a spent illumination flare found in evidence stored after the Branch Davidian tragedy (see April 19, 1993 and September 7, 1999) may have been one of two such devices fired by FBI agents to stop an intruder from entering the sect’s compound during the early days of the standoff (see 5:00 A.M. - 9:30 A.M. February 28, 1993). At least two such flares were fired during the 51-day standoff, which ended in flames that killed almost 80 Davidians. Some believe the FBI started the fires, either deliberately or accidentally, that consumed the compound. FBI spokesman John Collingwood says, “From talking to people in our Hostage Rescue Team, at one time, when your floodlight illumination was not active, they shot two parachute illumination rounds because of concern about people trying to sneak into the compound.” Rangers discovered the spent remains of one of the devices, a star parachute flare, when they recently searched a Waco storage facility for missing pyrotechnic tear-gas grenades (see August 10, 1999 and After). Currently, the government is enacting an investigation to determine if the FBI fired flammable devices into the compound, and why it took six years to acknowledge the use of military tear-gas canisters (see September 7-8, 1999). [Associated Press, 9/9/1999]

Entity Tags: Federal Bureau of Investigation, John Collingwood, Branch Davidians, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

Former Senator John Danforth (R-MO), the newly empaneled special counsel who will head a government investigation of the FBI’s actions that led up to the 1993 debacle at the Branch Davidian compound near Waco (see April 19, 1993 and September 7-8, 1999), says his investigation will answer “the dark questions” still pending six years later. “Was there a cover-up? Did the government kill people? How did the fire start? And was there shooting?” Danforth asks, ticking off the issues he hopes to resolve. “Those are questions that go to the basic integrity of government, not judgment calls.” Danforth says the investigation will focus primarily on the events of April 19, 1993, the final day in a 51-day standoff between the FBI and the Davidians, including allegations that FBI agents fired at the compound during that final assault and military personnel took part in the assault (see August 28, 1999). As a “special counsel,” Danforth can impanel a grand jury and seek federal charges. “I come into this with a totally open mind,” Danforth says, with Attorney General Janet Reno standing at his side. “I come into this with the notion that the chips should fall where they may. And that’s going to happen.” Congressional Republicans praise Danforth’s appointment, while President Clinton calls him honorable and intelligent, and says, “Based on what I know of him, it [Danforth’s selection] was a good move by the attorney general.” Reno says she will turn over future decisions on Danforth’s investigation to her deputy, Eric Holder, in the interests of impartiality. Danforth says he will use private-sector investigators rather than FBI agents to do the actual investigating. US Attorney Edward Dowd of St. Louis, a Democrat, will resign his position to join Danforth as his chief assistant. [Knight Ridder, 9/10/1999; Associated Press, 9/10/1999]

Entity Tags: Janet Reno, Branch Davidians, Edward Dowd, Federal Bureau of Investigation, William Jefferson (“Bill”) Clinton, John C. Danforth, Eric Holder

Timeline Tags: 1993 Branch Davidian Crisis

Richard Schwein, the former special agent in charge of the El Paso division of the FBI who was involved in the Branch Davidian siege of 1993 (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993), says the bureau was worried about more than just the possibility that the Davidians might torch their own compound. Schwein recalls that the FBI and the Bureau of Alcohol, Tobacco and Firearms (BATF) contacted former Davidians around the world (see Around 4:00 p.m. February 28, 1993). He says, “We were trying to find out as much as we could—what this was all about.” Schwein says the FBI feared an armed assault from the Davidians. “There was a concern they would burst out of the building shooting,” he says. “I know at one point, they intended to come out wired with explosives and set them off to kill FBI agents. We had a lot of concerns. We tried to plan for every eventuality.” [Daytona Beach Sunday News-Journal, 9/12/1999]

Entity Tags: Richard Schwein, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Representative Henry Waxman (D-CA) discloses that internal FBI documents that show information about the FBI’s use of incendiary tear-gas canisters during the 1993 Branch Davidian siege near Waco, Texas (see April 19, 1993), have been available in Justice Department files for years and were given to Congress no later than 1995. The FBI was embarrassed by recent revelations that its agents fired such canisters near the Davidian compound during the assault (see August 25, 1999 and After), though the bureau and the Justice Department both deny that the canisters had anything to do with the fires that consumed the compound and killed almost 80 Davidians. Two weeks ago, the Justice Department sent US Marshals to the FBI’s headquarters in Washington to seize infrared videotapes that contain references to the tear-gas rounds, but did not reveal that it contained FBI records in its own files regarding the use of those rounds. Attorney General Janet Reno ordered the seizure, saying she was angered by the revelations after spending six years denying the FBI ever used such incendiary devices. Reno says she did not see the internal FBI documents until two weeks ago. From the documents that have been made public, there is no indication that FBI officials explained to Reno or other Justice Department officials the potential dangers surrounding the use of such canisters (see April 17-18, 1993). A senior Justice Department official says the documents will likely be scrutinized by investigators with the Danforth inquiry (see September 7-8, 1999). Waxman, the ranking minority member of the House Oversight Committee, says he released the documents because the committee chairman, Dan Burton (R-IN), has said Reno failed to tell Congress about the incendiary canisters. Burton accused Reno of failing to inform Congress about the canisters after learning that an incomplete copy of a FBI lab report was sent to his committee in 1995 (see August 10, 1999 and After). [New York Times, 9/14/1999]

Entity Tags: Janet Reno, Branch Davidians, Henry A. Waxman, Dan Burton, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 1993 Branch Davidian Crisis

The Texas Rangers release a report to Congress that says they found spent cartridges from two different makes of sniper rifles carried by FBI agents during the final assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The cartridges indicate that FBI agents may have fired shots at the compound during the final assault on the Davidian compound, an assertion the FBI has long denied. Officials of the Bureau of Alcohol, Tobacco and Firearms (BATF) say that the cartridges may have come from shots their agents fired during the initial BATF raid on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Federal law enforcement officials say the cartridges were collected by FBI agents after they arrived in Waco (see March 1, 1993). [New York Times, 9/14/1999]

Entity Tags: Texas Rangers, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Special counsel John Danforth, heading the government’s probe into the 1993 Branch Davidian tragedy (see April 19, 1993 and September 7-8, 1999), asks the judge presiding over a civil lawsuit filed by some of the Davidian survivors (see April 1995) for a delay in the suit’s proceedings. In a filing for Judge Walter Smith, Danforth explains that the government inquiry seeks to depose witnesses who will also testify in the civil suit, and wants to interview those witnesses before they testify for the lawsuit, saying: “It is my firm belief that our inquiry will benefit by interviewing witnesses prior to their preparation for testimony in a civil trial. Because a civil trial inherently involves advocacy, testimony tends to be very well-rehearsed and coordinated with the testimony of other witnesses.” Danforth wants to find out if the FBI deliberately covered up its use of incendiary gas grenades during the April 19, 1993 siege (see August 25, 1999 and After), and whether agents fired shots during the assault on the Davidian compound. One of the plaintiffs’ attorneys has volunteered to postpone taking depositions from Attorney General Janet Reno and two key FBI agents for two weeks, but is reluctant to delay the depositions for 30 days; another lawyer intends to resist the request completely. [Associated Press, 9/17/1999]

Entity Tags: Janet Reno, Branch Davidians, Federal Bureau of Investigation, Walter Smith, John C. Danforth

Timeline Tags: 1993 Branch Davidian Crisis

The visitors’ center at the new Branch Davidian church outside Waco, Texas.The visitors’ center at the new Branch Davidian church outside Waco, Texas. [Source: Waco Cult (.com)]Workers break ground on the Mt. Carmel property near Waco, Texas, for a new Branch Davidian church. The Davidian compound that stood there before was burned to the ground six years ago during a standoff with FBI agents (see April 19, 1993); only about 12 Davidians remain in the area. The project is led by radio talk show host Alex Jones, who says the Davidians were victims of “a government cover-up of its violation of the First Amendment.” Jones, whose radio show features radical conspiracy theories and a variety of right-wing and gun advocates as guests, says of the church raising: “This is a statement. This is about saying the witch hunt of 1993 is over.” The party of workers includes the parents of Davidian leader David Koresh, who died during the standoff. Koresh’s stepfather Roy Haldeman says of the project, “I feel good about it.” He lived at the compound during 1992 and the early months of 1993. Jones says he and others have been talking about building a structure on the site for three years. “All of it, it’s all about public opinion,” he says. “We know that now is the perfect time, that’s why we’re doing it.… This is a monument to the First Amendment. You think about speech and the press, but it is also religion and the expression thereof.” During an interview with an Associated Press reporter, he wears a pin reading, “You burn it, we build it.” Jones has contributed $1,000 to the project, and says it will be complete in two or three months. The ownership of the Mt. Carmel property is in dispute. At least four parties claim it: Clive Doyle and a group of Davidians who lived at the compound; Douglas Mitchell, who claims to be the divinely appointed leader of the Branch Davidian Seventh-day Adventist Association; Amo Bishop Roden (see May 15, 1995), who has said that she was married “by contract” to the late George Roden, the former Branch Davidian leader (see November 3, 1987 and After); and Thomas Drake, Roden’s old bodyguard. Doyle says his group has maintained the grounds, erected a memorial to the Davidians slain in the standoff, and paid the taxes on it. He says he has been leading a small number of congregants in Bible studies in the Waco area and intends to lead services at the new church. One volunteer working on the church is Mike Robbins of Austin, a customer relations manager at a car dealership. He says he is not associated with the Davidians, but has constitutional concerns about what happened at the compound: “I came out here to support the First Amendment rights and the rights of every citizen,” he says. “There is a lack of tolerance in this country and I’m here to fight that.” [Associated Press, 9/19/1999; Dallas Morning News, 1/20/2000; Waco Tribune Herald, 5/3/2000] In November 1999, Jones is fired from his job as a host on Dallas’s KJFK-FM after refusing to stop broadcasting interviews with surviving Davidians, and for refusing to stop discussing his theories about government conspiracies surrounding the April 1993 debacle. Jones moves to a public-access cable TV channel and over the Internet. [Dallas Morning News, 1/20/2000] The target date for the completion of the project is pushed back to April 19, 2000, the seven-year anniversary of the conflagration at the former compound. About $40,000 has been raised for the project, volunteers say, but $50,000 more is needed. Doyle and his mother, Edna, live on the property in a mobile home. A good number of the volunteers helping build the church are anti-government activists who share theories about the government’s secret plan to destroy the Davidians, many of which are aired and discussed on the air by Jones, who regularly features survivors of the 1993 debacle on his cable show. The Michigan Militia has donated $500, and vendors sell T-shirts emblazoned with machine guns and slogans such as “Death to the New World Order.” Construction work is only done on Sundays, in deference to the Davidians’ Saturday Sabbath. [Howard News Service, 12/22/1999; Dallas Morning News, 1/20/2000] The church will be dedicated for services on April 19, 2000. The construction costs will come to at least $92,000. Some of the surviving Davidians do not want to worship at the new church, but prefer to meet in private homes. [Howard News Service, 12/22/1999; Associated Press, 4/19/2000] At the dedication service, former Attorney General Ramsey Clark says: “This is an occasion for joy, because from the ashes has risen the church. The world must never forget what the United States government did here.” Clark is one of several lawyers representing the surviving Davidians in a wrongful-death lawsuit against the US government (see April 1995). Five Michigan Militia members, dressed in combat fatigues and berets, will present sect members with a commemorative plaque from their group for the new building. [Dallas Morning News, 4/20/2000] Doyle will eventually win a court verdict awarding him ownership of the land. [The Mercury, 8/11/2002]

Entity Tags: Alex Jones, David Koresh, Amo Bishop Roden, Branch Davidians, Clive J. Doyle, Thomas Drake, Ramsey Clark, Roy Haldeman, George Roden, Douglas Mitchell, Mike Robbins, Michigan Militia

Timeline Tags: 1993 Branch Davidian Crisis

An expert retained by a House committee looking into the events of the FBI assault that led to the destruction of the Branch Davidian compound near Waco, Texas (see April 19, 1993), says that the FBI fired gunshots during the assault. The FBI has said it fired no shots during the assault. The expert says that his examination of videotape taken during the final assault shows FBI agents did indeed fire shots into the compound. The expert’s testimony is taken up by the plaintiffs in a $675 million civil suit against the government (see April 1995), who will propose recreating aspects of the siege’s final hours. [Fort Worth Star-Telegram, 7/21/2000] Experts for the civil suit will come to a different conclusion, saying that the videotape shows sunlight reflecting off debris and not muzzle flashes (see May 10, 2000).

Entity Tags: Federal Bureau of Investigation, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

US Postal Inspection Service logo.US Postal Inspection Service logo. [Source: Center for Regulatory Effectiveness]Special counsel John Danforth, heading the government’s probe into the 1993 Branch Davidian tragedy (see April 19, 1993 and September 7-8, 1999), names a group of US postal inspectors to investigate claims that the FBI tried to cover up its use of incendiary devices during the final assault on the Davidian compound. Preferring not to use FBI agents to investigate allegations against the bureau, Danforth said from the outset that he would use investigators from outside the Justice Department. “My basic thought is, the FBI should not be investigating the FBI,” Danforth said. Reporters laughed when someone suggested—facetiously—that US Postal Service “cops” could conduct the investigation. Now Danforth is bringing aboard some 80 postal inspectors to look into the allegations. The use of postal inspectors may indicate Justice Department officials could be targeted by the probe. Postal Inspection Service spokesman Robert Bethel acknowledges the choice of postal inspectors may seem odd to Americans unfamiliar with the agency. “A lot of people don’t know what a postal inspector is,” he says. “If they hear of postal inspectors, they think, is that someone who inspects post offices?” Postal inspectors have been investigating federal crimes involving the mails since 1772, and often investigate crimes such as extortion, child pornography, and on occasion murder, if they involve Postal Service employees. “We’ve always been called the ‘silent service,’ because we go about our business and don’t seek publicity,” Bethel says. The specific inspectors have not yet been chosen. In 1996, postal inspectors helped FBI investigators look into the events of the 1992 Ruby Ridge standoff (see August 31, 1992) and found evidence that an FBI official had obstructed justice. [All Points Broadcasting News, 10/2/1999]

Entity Tags: US Department of Justice, Branch Davidians, Robert Bethel, Federal Bureau of Investigation, John C. Danforth, US Postal Inspection Service

Timeline Tags: 1993 Branch Davidian Crisis

Copies of FBI infrared surveillance tapes taken during the first hours of the FBI assault against the Branch Davidian compound near Waco, Texas (see April 19, 1993), clearly show repeated bursts of rhythmic flashes from agents’ positions and from the compound; two experts hired by the surviving Davidians say the flashes must be gunfire. A third expert retained by the House Government Reform Committee, Carlos Ghigliotti, an expert in thermal imaging and videotape analysis, says he, too, believes the flashes to be gunfire. “The gunfire from the ground is there, without a doubt,” he says. FBI officials have long maintained that no agent fired a shot during either the 51-day standoff or during the final assault. Michael Caddell, the lead lawyer for the Davidians in their lawsuit against the government (see April 1995), says he has shown the tapes and the expert analysis to John Danforth, the former senator who is leading a government investigation into the FBI’s actions during the siege and the assault (see September 7-8, 1999). Caddell says his two experts are former Defense Department surveillance analysts. One of Caddell’s two experts also says the FBI’s infrared videotapes that have been released to the public, Congress, and the courts may have been altered. “There’s so much editing on this tape, it’s ridiculous,” says Steve Cain, an audio and video analysis expert who has worked with the Secret Service and the Internal Revenue Service. Cain says his analysis is preliminary because he has not been granted access to the original tapes. But, he says, the tapes appear to have been erased. There are significant erasures during the 80-minute period before the compound began burning. Cain says: “It’s just like the 18-minute gap on the Watergate tape. That was erased six times by Rose Mary Woods (see November 21, 1973). That’s why we’re trying to get to the originals.” Cain also says that he believes images were inserted into the videotapes, perhaps from different video cameras. Caddell says, “I think at this point, it’s clear that the whole investigation, and particularly the fire investigation, was garbage in-garbage out.” The videotapes were used in a 1993 Treasury Department review of the siege (see Late September - October 1993) and as evidence in a 1994 criminal trial against some of the surviving Davidians (see January-February 1994), both of which concluded that the Davidians themselves set the fires that consumed the compound. [Associated Press, 10/6/1999; Dallas Morning News, 10/7/1999]

Entity Tags: John C. Danforth, Branch Davidians, Carlos Ghigliotti, House Committee on Oversight and Government Reform, Steve Cain, Michael Caddell, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

A former Army colonel tells a Dallas reporter that the FBI overheard Branch Davidian leader David Koresh ordering the fires that consumed the Davidian compound and killed almost 80 of Koresh’s followers (see April 19, 1993). For years, many have accused the FBI of causing the fires that culminated the April 19, 1993 assault on the Davidian compound. Now, Colonel Rodney Rawlings, a former military adviser, says that he was in the FBI monitoring room outside the compound on the day of the assault, and he and several FBI agents overheard Koresh give the orders to fire the compound. The FBI had surveillance “bugs” in several places inside the compound, but FBI and Justice Department officials, including Attorney General Janet Reno, have said that they did not know if Koresh ordered the fires. In recent weeks, the FBI has come under heavy criticism for having to admit that its agents fired incendiary tear gas rounds at a bunker near the compound during the assault (see August 25, 1999 and After). Rawlings tells the Dallas Morning News that as the Army’s senior liaison to the FBI’s Hostage Rescue Team (HRT), he was in the monitoring room during the assault. He says: “You could hear everything from the very beginning, as it was happening. Anyone who says you couldn’t at the time is being less than truthful.” Rawlings says the FBI surveillance bugs picked up Koresh’s orders to set the fires. Shortly afterwards, he says, the bugs picked up the sound of gunfire. The bugs then recorded Koresh declaring that God did not want him to die, and Koresh’s chief lieutenant, Steve Schneider, saying that Koresh “wasn’t going to get out of this.” Both Koresh and Schneider were later found dead in a room of the compound, both dead of gunshot wounds. FBI officials have previously testified that transmissions from the eavesdropping devices were too garbled to allow agents to hear discussions about spreading fuel and setting fires. Rawlings says that the FBI’s denials bother him “to no end. They’ve had the opportunity to say, ‘We knew.’ We’ve not gotten a straightforward answer.” [Reuters, 10/8/1999]

Entity Tags: Janet Reno, Branch Davidians, David Koresh, FBI Hostage Rescue Team, Federal Bureau of Investigation, Rodney Rawlings, Steve Schneider

Timeline Tags: 1993 Branch Davidian Crisis

The special counsel’s office investigating the Branch Davidian tragedy (see April 19, 1993) asks for court-supervised tests to determine if flashes recorded by FBI infrared cameras during the final assault on the Davidian compound were made by gunshots fired by FBI agents (see October 7, 1999). The FBI has always insisted that its agents fired no shots during the assault. The Justice Department has refused similar requests from lawyers representing surviving Davidians in a lawsuit against the government (see April 1995). Justice Department officials say that such testing would be without critical data that the government has chosen to withhold under the rubric of national security. However, deputy special counsel Edward L. Dowd believes otherwise. In a letter to Judge Walter Smith, presiding over the civil suit, Dowd writes: “Both the trust of the public and the truth-seeking process are not best served by the course of events as they are unfolding. We propose therefore that the court supervise a neutral FLIR [forward-looking infrared] re-creation.” The Justice Department is facing growing criticism over what some perceive as its lack of cooperation in providing documents and other evidence relating to the Davidian siege and final assault. Even some FBI officials have privately complained that the department’s handling of the matter has further damaged the bureau’s credibility. Experts hired by lawyers in the suit have determined that the flashes captured by FBI cameras may well have been gunfire. Michael Caddell, lead lawyer for the Davidians in the civil suit, says that the special counsel’s request “forces the issue.” Caddell adds: “The procedure that’s been proposed is clearly designed to protect any legitimate security concerns by the FBI and the Department of Justice. They’ve taken away the one legitimate reason that they could have for refusing. Any refusal now is because they already know what the answer is going to be. I think that would be the most damning admission of liability they could possibly make. It’s clear now that the office of special counsel, the courts, and the plaintiffs are all interested in getting to the truth of what happened on April 19. The question that’s lingering out there is, is the government interested in getting at the truth?” FBI officials have offered to secretly conduct an examination of the FLIR videotapes for the special counsel’s investigation. [Dallas Morning News, 11/10/1999; Dallas Morning News, 11/16/1999] Smith will order the tests (see November 15, 1999).

Entity Tags: Michael Caddell, Branch Davidians, Edward Dowd, John C. Danforth, Walter Smith, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 1993 Branch Davidian Crisis

US District Judge Walter Smith overrides Justice Department objections and orders independent field testing to help determine whether government agents fired at the Branch Davidian compound in the last hours of a 1993 siege (see April 19, 1993 and November 5, 1999). In a three-page ruling, Smith writes that he has been “persuaded” by arguments from Branch Davidian lawyers and the office of special counsel John Danforth that the tests are needed to resolve whether flashes of light recorded by FBI infrared cameras were caused by government gunfire. FBI officials have consistently denied allegations that any of their agents fired gunshots during the final assault. Flashes recorded by an airborne FBI infrared camera just before the compound began burning are inexplicable electronic “anomalies,” the FBI claims. Michael Caddell, the lead lawyer for the Davidians in their civil suit against the government (see April 1995), says: “It again demonstrates that Judge Smith wants to get at the truth. If they [the FBI] really believe that’s not gunfire on that video, then the government’s lawyers should embrace this test with open arms.” [Dallas Morning News, 11/16/1999] The special counsel’s office also requests the actual guns carried by FBI agents during the assault. Examination of the weapons may help determine if agents fired during the six-hour assault. [Associated Press, 11/16/1999] FBI officials have secretly offered to conduct private tests for Danforth’s investigators, though Justice Department lawyers have rejected a proposal from Caddell and the Branch Davidian lawyers for a joint public test. These actions, along with a warning from Justice Department lawyers that they intended to use national security exemptions to withhold data needed to ensure accurate public tests, impelled Danforth’s office to ask for the public tests. Smith rules, “The court is persuaded that one FLIR [infrared] test should be conducted, with participation and observation by the parties and the OSC [office of special counsel].” [Dallas Morning News, 11/16/1999]

Entity Tags: Branch Davidians, US Department of Justice, John C. Danforth, Walter Smith, Federal Bureau of Investigation, Michael Caddell

Timeline Tags: 1993 Branch Davidian Crisis

Byron Sage, the chief FBI negotiator during the Waco, Texas, siege that claimed the lives of almost 80 Branch Davidians (see April 19, 1993), now says the FBI’s strategy during the siege was wrong. “We played right into the hands of David Koresh,” the leader of the Branch Davidians, Sage tells a television interviewer. “He had an apocalyptic end in mind, and he used us to fulfill his own prophecy.” [San Antonio Express-News, 2/27/2000]

Entity Tags: Federal Bureau of Investigation, Byron Sage, David Koresh, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

A newly released surveillance photograph taken during the FBI’s final assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993), casts doubt on theories that FBI agents opened fire on the Davidians during the assault (see September 14, 1999, October 1999, October 7, 1999, November 5, 1999, and November 15, 1999). The photo is part of a batch submitted to the Danforth investigation (see September 7-8, 1999) and to Judge Walter Smith, who is presiding over the wrongful-death lawsuit filed by Davidian survivors against the government (see April 1995). The photograph was taken on April 19, 1993, within seconds of the time when a flash appears on an infrared surveillance videotape at 11:24 a.m. Experts have claimed that such flashes indicate gunfire from FBI agents; however, no one is in the vicinity of the flash as shown in the photograph. Smith has ordered tests to be done to determine if the flashes on the videotapes are, indeed, gunfire. Lawyer Michael Caddell, speaking for the Davidians, says the photograph proves nothing: “Seeing one or two or 10 photographs doesn’t tell you a whole lot.” Two FBI planes were flying over the compound during the attack. One, an FBI Nightstalker, took infrared videotape of the scene and the other took still photographs on film. Until recently, the two had not been compared to one another. The infrared tapes show a tank destroying the back wall of the Davidians’ gymnasium just before 11:30 a.m.; at 11:24, the tape shows a flash off the right rear corner of the tank. The photo was taken almost at that same instance; no one can be seen in the photo, casting doubt on claims that someone was near the tank firing into the compound. Caddell notes that the photographs are not time-stamped, and the times of the photos must be estimated based on the amount of damage done to the gymnasium. “Being able to identify what time it is and whatever the precise moment when someone was firing from the rear of the tank is very suspect unless you’ve got a complete roll of film and you can see the entire sequence,” he says. [St. Louis Post-Dispatch, 1/12/2000; Associated Press, 1/13/2000]

Entity Tags: Walter Smith, Branch Davidians, Michael Caddell, Federal Bureau of Investigation, John C. Danforth

Timeline Tags: 1993 Branch Davidian Crisis

The St. Louis Post-Dispatch profiles two gun dealers, Henry S. McMahon and Karen Kilpatrick, who say they have endured threats of reprisal from federal officials after selling 223 guns to David Koresh, the Branch Davidian leader whose compound was destroyed by flames in a government assault (see April 19, 1993). McMahon, 37, and Kilpatrick, 42, were never charged with any crime, but they say government agents have threatened and intimidated them for seven years. They say they cannot hold down jobs, and live together in a federally subsidized apartment in a small Idaho town, surviving on government disability benefits. In 1997, the Justice Department rejected complaints they filed after finding no evidence of harassment or mistreatment. They tried to file a civil rights suit against the government, but could not pay for legal representation. They hope that the Danforth investigation (see July 21, 2000) will net them some government money. Both Kilpatrick and McMahon spent time at the Waco compound, and McMahon still has a Bible filled with handwritten notes he took during some of Koresh’s religious talks. McMahon says he never believed Koresh’s teachings: “I was there to sell David a gun,” he says.
BATF: No Evidence of Harassment - After the April 1993 debacle, the two claim that the Bureau of Alcohol, Tobacco and Firearms (BATF) has persecuted them, ruining their reputations among their fellow gun dealers. BATF spokesman Jeff Roehm says their allegations have been investigated and discounted. “There was no finding that anyone behaved inappropriately and no agent was disciplined,” Roehm says. He adds that he is prohibited by law from responding to specific allegations. McMahon says they sleep on air mattresses and keep their belongings boxed up, ready to flee from “the feds” at a moment’s notice.
Sold Guns to Koresh - McMahon and Kilpatrick moved to Waco in 1990, because Texas gun laws make it easy for people like them to sell guns without regulatory interference. Koresh was one of their best customers. McMahon calls Koresh a gun collector, who stockpiled an armory of various weapons (see May 26, 1993) merely to resell them for profit, and not to mount an assault on government officials. It was a July 1992 visit to McMahon’s business by BATF agents (see June-July 1992) that helped spark the BATF assault on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). McMahon says he told the agents, Jimmy Ray Skinner and Davy Aguilera (see June-July 1992 and November 1992 - January 1993), that Koresh was an investor. He also says that he called Koresh during that visit, and Koresh invited the agents to the Waco compound, but the agents declined the invitation.
Left Texas before Raid - Later in 1992, McMahon and Kilpatrick quit the gun-selling business in Texas and moved back to their home state of Florida; they deny that the BATF visit had anything to do with their decision. After the February 1993 BATF raid, they called the BATF office in Pensacola, informed the agents there of their business dealings with Koresh, and, though the agents told them to stay quiet, were besieged by reporters who somehow found out about their connections with Koresh.
Protective Custody - The BATF placed them in protective custody and flew them to Oregon, where they stayed with McMahon’s parents for 22 days. McMahon now says the agents told him their lives were in danger from Davidians loyal to Koresh, and adds that he and Kilpatrick now wish they had “gone public from the very get go” and not gone to Oregon. On March 23, federal agents brought them to Waco and questioned them—McMahon says they were threatened, shouted at, and physically assaulted—and told them they would be charged with manufacturing illegal weapons. They refused to implicate Koresh in illegal gun deals. Instead, the agents released the two and they returned to Florida. The owner of the gun shop that employed them, Duke McCaa, refused to take them back, citing his fear of the BATF and his lawyer’s advice. McCaa now says he does not believe McMahon’s and Kilpatrick’s tales of threats and harassment by federal agents. Kilpatrick testified for the prosecution in the 1994 trial of 11 Davidians (see January-February 1994).
Speaking for Gun-Rights Organizations - For a time, the two became high-profile spokespersons for the National Rifle Association (NRA) and other gun-rights groups; Soldier of Fortune magazine paid for them to go to Las Vegas, where they talked about Waco.
'They Owe Us' - The two moved to Bonners Ferry, Idaho, in 1993, where they worked a variety of odd jobs, including night security at a wilderness school for troubled youth. In 1995, McMahon testified before a House committee about Waco. After the testimony, McMahon says employees at the school harassed him and Kilpatrick, forcing them to quit. He and Kilpatrick filed for bankruptcy in 1996. Currently, the two live on disability payments; in 1997, a judge determined that Kilpatrick suffered from an “anxiety-related disorder” related to her involvement with the BATF assault on the Waco compound; McMahon was found to be unable to relate to fellow coworkers or cope with the pressures of employment. McMahon blames his jobless status on Waco, saying: “I have no problem getting a job or working. After I’ve been there awhile people find out more of what I am. Once they find out about Waco, I’m branded. I shouldn’t have to carry around this baggage to explain myself to people.” As for their insistence on government compensation: “We are due some compensation from the government. That’s the bottom line,” McMahon says. “They owe us.” [St. Louis Post-Dispatch, 1/29/2000]

Entity Tags: Henry S. McMahon, David Koresh, Branch Davidians, Duke McCaa, Davy Aguilera, US Department of Justice, Jimmy Ray Skinner, Karen Kilpatrick, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jeff Roehm, National Rifle Association

Timeline Tags: 1993 Branch Davidian Crisis

FBI agents testifying for an upcoming civil case filed against the government by survivors of the Branch Davidian tragedy near Waco, Texas, in 1993 (see April 19, 1993) contradict the government’s official explanation for its decision to dismantle the Davidians’ gymnasium with armored vehicles, as laid out in a 1993 Justice Department report on the assault by FBI agents on the Davidian compound (see October 8, 1993). The Justice Department report gave two reasons why a Combat Engineering Vehicle (CEV)—described as a modified Patton tank—tore through the back of the Davidian compound, causing the gym to partially collapse. According to the report, the CEV ripped out the back wall to give the Davidians an escape route and to allow for the eventual insertion of tear gas. However, an FBI agent testifying in the trial says the orders were to use the CEV to find a way to get to a guard tower at the back of the compound, where supervisors believed the Davidians had retreated to escape the tear gas already fired inside the compound. The agent was a passenger in the CEV in question. “You were not ordered to breach the rear side of the building to create escape openings?” plaintiffs’ attorney Michael Caddell of Houston asks in the deposition. “You were ordered to clear this path to the tower, correct?” The passenger responds, “Correct.” Caddell then asks, “What was the purpose of this path if it was cleared, or when it was cleared?” The passenger responds, “To effectively deliver gas to that tower area of the building where it was believed we were not getting gas.” He denies that the CEV was attempting to demolish the building, but Caddell asks, “You don’t call that building destroyed?” The passenger acknowledges that “portions of it” were indeed destroyed. An FBI agent who piloted a surveillance plane over the Davidian compound testifies that other agents in the plane noted that the Davidians would have to flee the compound because it was being demolished. The pilot testifies: “I recall some remarks that were made while, you know, ‘People were going to have to get out pretty soon because it’s going to, you know, the things are being kind of, during the penetrations, being taken away from them.’” Caddell also questions another agent, who drove the CEV in question. Caddell focuses on his assertion that the FBI drastically sped up the execution of the plan, which was originally conceived to take place over two days instead of a matter of hours. The driver testifies, “It was another CEV that had basically, what had been done was a railroad, a stanchion of railroad was welded to the blade itself, extending three feet on either side of the blade, and it was going to be used to drive along the side of the building, basically cutting the studs away and the sheetrock away, so we could actually see into the front sides of the building in hopes that they would come out when they were in plain view at that point.” Caddell asks, “How would the gym have looked any different if you had attacked it with the railroad CEV as opposed to the CEV you had?” The driver responds: “I have no idea. We never got to that part of the plan. I mean, in hindsight, it could have very well been the exact same result. But my plan at that point was not to destroy the gymnasium.” The agent who was riding in the CEV says that the FBI could have easily and quickly demolished the entire compound if it wanted to: “I think in no time at all the collateral destruction that you see on the empty gymnasium area would be the entire compound. I mean these are large powerful vehicles.” The driver denies Caddell’s assertion that the holes made by the CEVs could have served as openings for agents on foot to enter the compound. “They had told them we weren’t going to make entry into the building, and we didn’t,” he says. The passenger testifies that he didn’t think the Davidians would see the FBI’s actions as hostile and begin firing weapons, which led to the FBI dramatically escalating its schedule of firing tear gas into the compound. “I was actually very surprised when we were shot at,” the CEV passenger testifies. “I mean, you’ve got to keep in mind we were here 50 some days and there had been no exchanges and no shooting. And I especially felt with the notification and the negotiators talking to them and explaining what was going on, that they would not shoot. Didn’t see where that would be the logical step.” [Cox News Service, 1/30/2000]

Entity Tags: Michael Caddell, US Department of Justice, Branch Davidians, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

A Delta Force commando says he took an observer’s role during the April 1993 assault on the Branch Davidian compound (see April 19, 1993), watching the events unfold from the command post. The commando, now retired, was a sniper. Conflicting reports have surfaced about the role of Delta Force soldiers during the assault, which resulted in the deaths of nearly 80 Davidians (see August 28, 1999). The soldier, a former sergeant who is not publicly named, is questioned by lawyers representing a number of surviving Davidians and the family members of the slain in a civil lawsuit against the government (see April 1995). Two other Delta Forces members, both electronics technicians, have testified that they did not know where their colleague was during the assault, and said that he showed up hours after the siege ended and was tired, red-faced, and disheveled. The commando says he never got within a half-mile of the compound and did not carry a weapon that day. Lawyer Michael Caddell, representing the Davidians in the lawsuit, says he is troubled by conflicting testimony from the two Delta Force technicians and the retired sergeant, but adds that the issue may never be resolved. “The contradictions between his testimony and that of the previous two soldiers are striking and incredible,” he says. [CNN, 1/31/2000]

Entity Tags: Branch Davidians, Michael Caddell, 1st Special Forces Operational Detachment--Delta

Timeline Tags: 1993 Branch Davidian Crisis

Livingstone Fagan.Livingstone Fagan. [Source: Carol Moore (.net)]Livingstone Fagan, one of the 11 Branch Davidians convicted of crimes related to the February 1993 shootout with federal agents near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993), admits to firing at two of the four Bureau of Alcohol, Tobacco and Firearms (BATF) agents killed during the battle. He is the first Davidian to admit firing on BATF agents during the raid. Fagan says in a deposition that he fired at the two agents from the roof of the Davidian compound. The deposition is part of a wrongful death lawsuit brought by a number of Davidians against the federal government (see April 1995). In 1994, Fagan was convicted of manslaughter and a weapons charge, and given a 40-year prison sentence. He chose not to appeal his sentence based on what he says are religious reasons. He is serving his time at a federal prison in Pennsylvania. Fagan is a party to the lawsuit because his mother and wife died in the April 1993 assault on the compound (see April 19, 1993). During the trial, Fagan was identified by BATF agent Eric Evers, who was wounded in the February 1993 raid, as one of the Davidians who shot him. Fagan denies shooting at Evers, but says he did shoot at two other BATF agents. In a statement to attorney Marie Hagen, Fagan claimed he shot in self-defense, saying, “Your government murdered people who were very dear to me.” In the following exchange, which is part of Fagan’s deposition, he admits to shooting at the agents:
bullet Hagen: “Did you shoot at them?”
bullet Fagan: “Well, they fired at me.”
bullet Hagen: “OK. But did you shoot at them?”
bullet Fagan: “And so I responded.”
bullet Hagen: “Did you hit any of them?”
bullet Fagan: “I don’t know specifically, because I assume that there were others, too, that were firing then.”
Fagan says he watched one wounded BATF agent, Kenneth King, crawl from the rooftop, drop to the ground, and writhe in pain until he was rescued by fellow agents. A fellow Davidian who survived the April 1993 conflagration, David Thibodeau (see September 9, 1999), had written that Fagan “was kneeling in prayer in the chapel while the bullets were flying.” And Clive Doyle, a survivor who was acquitted in the same trial that convicted Fagan, has said he didn’t think Fagan fired during the raid. Fagan’s lawyer Kirk Lyons tries to downplay Fagan’s admission, saying: “This is a guy that’s been in solitary confinement for a long time, and he’s had nobody of his own mental abilities that he can talk to. He’s a little stir-crazy.” [San Antonio Express-News, 2/23/2000]

Entity Tags: David Thibodeau, Branch Davidians, Clive J. Doyle, Eric Evers, Kenneth King, Marie Hagen, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Kirk Lyons, Livingstone Fagan

Timeline Tags: 1993 Branch Davidian Crisis

Memos withheld from Congressional investigators (see August 4, 1995) by the FBI show that the FBI was riven by dissension during the Branch Davidian siege, which culminated in a fiery conflagration that killed scores of sect members (see April 19, 1993). The memos are released by the Dallas Morning News. Many senior FBI officials were pressing to use tear gas to bring the siege to a close, some as early as three weeks after its start. According to a March 23, 1993 memo (see March 23, 1993) written by then-Deputy Assistant Director Danny Coulson, the FBI’s top expert on tactics, the Hostage Rescue Team leader, Richard Rogers, was pressuring FBI officials to terminate the siege by using gas as part of an assault. Coulson disagreed with Rogers’s recommendations. Coulson is the former agent who recently revealed that the FBI had used pyrotechnic grenades during the final assault (see August 25, 1999 and After). Some House members are angry about the withheld memo, and note that they have consistently been denied documents even after subpoenas were issued. “We’ve had a subpoena out there for all relevant documents—all documents—since September 7, 1999,” says Mark Corallo, the spokesman for the House Government Reform Committee. “Is the Department of Justice withholding only embarrassing documents from us? It makes you wonder.” Other FBI documents released by the Dallas Morning News show that Attorney General Janet Reno gave her approval to use tear gas on the compound (see April 17-18, 1993). [Dallas Morning News, 2/28/2000]

Entity Tags: Federal Bureau of Investigation, Branch Davidians, Dallas Morning News, FBI Hostage Rescue Team, Mark Corallo, Richard Rogers, Janet Reno, Danny Coulson

Timeline Tags: 1993 Branch Davidian Crisis

Two former FBI negotiators who were heavily involved in the bureau’s siege of the Branch Davidian compound in Waco, Texas (see March 1, 1993), testify that the aggressive and hostile methods used by the FBI during the siege and final assault (see April 19, 1993) destroyed any chances of successfully negotiating a peaceful surrender from the Davidians, and resulted in the needless deaths of many Davidians who might have otherwise left the compound before the final, fatal assault. The agents give depositions for an upcoming civil suit filed by the surviving Davidians against the government (see April 1995). Retired FBI agent Frederick Lanceley testifies: “I think we could’ve gotten more people out if there were better decisions. I don’t think we would have gotten everybody out. But I think we would’ve gotten more people out.” [Dallas Morning News, 3/6/2000]

Entity Tags: Federal Bureau of Investigation, Frederick Lanceley, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh.An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh. [Source: CBS News]CBS News airs a February 22, 2000 interview with convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), awaiting execution in an Indiana federal prison (see July 13, 1999). McVeigh was interviewed by CBS reporter Ed Bradley for a 60 Minutes segment. McVeigh set only one condition for the interview: that Bradley not ask him whether he bombed the Murrah Federal Building. CBS does not air the entire interview, but runs selected excerpts interspersed with comments from others, including family members of the bombing victims. McVeigh spoke about his political ideology, his service in the Gulf War (see January - March 1991 and After), and what he considers to be his unfair criminal trial (see August 14-27, 1997). He expressed no remorse over the dead of Oklahoma City, and blamed the US government for teaching, through what he says is its aggressive foreign policy and application of the death penalty, the lesson that “violence is an acceptable option.” McVeigh described himself as returning from the Gulf War angry and bitter, saying: “I went over there hyped up, just like everyone else. What I experienced, though, was an entirely different ballgame. And being face-to-face close with these people in personal contact, you realize they’re just people like you.” Jim Denny, who had two children injured in the bombing, said he did not understand McVeigh’s Gulf War comparison: “We went over there to save a country and save innocent lives. When he compared that to what happened in Oklahoma City, I didn’t see the comparison. He came across as ‘the government uses force, so it’s OK for its citizens to use force.’ We don’t believe in using force.” McVeigh told Bradley that he “thought it was terrible that there were children in the building,” which provoked an angry reaction from Jannie Coverdale, who lost two grandchildren in the blast. “Timothy McVeigh is full of it,” she said. “He said it was terrible about the children. He had been to the Day Care Center. He had talked to the director of the Day Care Center. He knew those children were there.” McVeigh explained that the use of violence against the government could be justified by the fact that the government itself uses violence to carry out its aims. “If government is the teacher, violence would be an acceptable option,” he said. “What did we do to Sudan? What did we do to Afghanistan? Belgrade? What are we doing with the death penalty? It appears they use violence as an option all the time.” He said that the ubiquitous pictures of himself in an orange jumpsuit, leg irons, and handcuffs that made the rounds of the media two days after his arrest (see April 21, 1995) were “the beginning of a propaganda campaign.” Jurors, however, denied that pretrial publicity influenced their judgment. Juror John Candelaria told Bradley, “He’s the Oklahoma City bomber, and there is no doubt about it in my mind.” McVeigh refused to express any regrets or a wish that his life could have gone in a different direction, telling Bradley: “I think anybody in life says, ‘I wish I could have gone back and done this differently, done that differently.’ There are moments, but not one that stands out.” He admitted to forging something of a friendship with one of his former cellblock colleagues in the Colorado supermax prison he formerly occupied, Theodore “Ted” Kaczynski, the Unabomber. McVeigh said that while Kaczynski is “far left” while he is “far right” politically, “I found that, in a way that I didn’t realize, that we were much alike in that all we ever wanted or all we wanted out of life was the freedom to live our own lives however we chose to.” [Douglas O. Linder, 2001; CBS News, 5/11/2001; Douglas O. Linder, 2006; CBS News, 4/20/2009]

Entity Tags: Ed Bradley, CBS News, Theodore J. (“Ted”) Kaczynski, Jim Denny, Timothy James McVeigh, John Candelaria, Jannie Coverdale

Timeline Tags: US Domestic Terrorism

Six postal inspectors and two Army soldiers, all dressed in a variety of FBI-standard assault garb, reenact key scenarios from the 1993 FBI assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The purpose is to recreate “flashes” observed in 1993 infrared videotapes made by FBI observers during the assault, and determine if they were indeed gunfire from FBI agents, as some have alleged (see November 15, 1999). The exercise is done at the behest of District Judge Walter Smith, who ordered it as part of the proceedings of a civil suit by surviving Davidians against the federal government (see April 1995); additionally, the scenario is part of the evidentiary gathering by federal special counsel John Danforth, investigating the role of the FBI in the burning of the Davidian compound (see September 7-8, 1999). FBI officials who view the infrared tapes say they bear out their long-held assertions that none of their agents fired their guns during the April 19 assault on the Davidian compound. Michael Caddell, the lead lawyer for the Davidians in the lawsuit, says he believes the simulations will prove that the FBI shot at the compound, which is what his own experts reviewing the videos have said. US Attorney Michael Bradford, one of the government’s lead lawyers in the case, disagrees. “What we’re trying to do here… is get this issue hopefully put to rest so that the American public will not continue to hear what we consider a baseless allegation without foundation that the FBI was out in the back of that compound shooting that day,” he says. “It didn’t happen.” [New York Times, 3/20/2000; Washington Post, 3/20/2000]
Public Precluded from Seeing Videotapes - The exercise takes place at Fort Hood, Texas, under Danforth’s supervision. Initially, the infrared videos of the exercises were to be released to the public, but Smith seals the videos from public view. And, siding with Danforth against the Davidian lawyers, Smith denies motions by several news media organizations to witness the test. The New York Times writes, “The lack of public access has created the possibility that both sides in the case would offer conflicting opinions without any public review of the videos.” An independent analysis of the videos conducted by the private British company that conducts the simulations may be released to the public after they are turned over to the court some time in April. [New York Times, 2/17/2000; New York Times, 3/20/2000]
Simulations Carried Out to Determine Whether Videotaped 'Flashes' Might Be Gunfire - Danforth, Smith, and a group of about 20 observers watch the simulations, including representatives from the Department of Justice, the FBI, the Texas Rangers, and private lawyers representing the plaintiffs. In the simulations, the eight participants fire different weapons from prone and kneeling positions. They then slowly advance to a prescribed firing line, where they fire a series of single shots followed by short bursts and then long bursts of automatic gunfire. They repeat the exercise four times, as an FBI “Nightstalker” surveillance aircraft and a British Navy helicopter take turns filming from different angles. Additionally, an armored vehicle is driven beside a field littered with debris like twisted aluminum, broken glass, and pools of water, to see if light flashes from the debris could have caused similar flashes on the infrared video that could be mistaken for gunfire. Bradford has said that no matter how the videos are interpreted, they cannot be taken as proof that agents fired guns during the assault. “If there’s a flash in the testing, you can’t just conclude that means there was gunfire on April 19th,” Bradford said. “To me, that would mean the opposite. It would indicate it’s not a gun flash because you can’t see a person there. There’s more to be analyzed than just the flashes.” The private British firm, Vector Data Systems, was chosen in part because it owns FLIR, or “forward-looking infrared,” video cameras similar to those used by the FBI in 1993; the bureau has since abandoned those video cameras for more current technology. [New York Times, 2/17/2000; New York Times, 3/20/2000]
Davidian Lawyer: No Broad Conspiracy by FBI, Justice Department to Conceal Truth - Caddell disagrees with some Davidian supporters in discounting the broader conspiracy theories they advocate. “I know that may disappoint some people,” he says. “But this is not a big conspiracy, it’s a small conspiracy. There were a handful of people on April 19 who took matters into their own hands and disobeyed the orders of the attorney general and the FBI leadership. Those people have to be held accountable.” Of the Danforth investigators, Caddell says: “I think they’ll issue an honest report, a fair report. And I think it will be critical in many respects.” [Waco Tribune-Herald, 2/18/2000; Washington Post, 3/20/2000]

Entity Tags: Branch Davidians, John C. Danforth, Federal Bureau of Investigation, Michael Bradford, Michael Caddell, Vector Data Systems, Walter Smith, New York Times, US Department of Justice, Texas Rangers

Timeline Tags: 1993 Branch Davidian Crisis

In an interview, President Clinton says he “gave in” to the Justice Department’s arguments to go forward with the April 1993 FBI assault on the Branch Davidian compound near Waco, Texas. The resulting fiery conflagration took the lives of almost 80 Davidians and touched off a never-ending storm of controversy, accusations, and alternative theories (see April 19, 1993). The transcript of the interview will not be released until July 2000. When the transcript is released, Attorney General Janet Reno will say both she and Clinton required assurances about the operation’s necessity. “I think we both had to be convinced, if you will,” Reno will say. Reno signed off on the final orders for the assault (see April 17-18, 1993). Clinton says: “I gave in to the people in the Justice Department who were pleading to go in early, and I felt personally responsible for what had happened, and I still do. I made a terrible mistake.” Reno will say that she and Clinton discussed the imminent assault and the answers she had received from senior FBI officials. “My recollection was that we had a very difficult situation, that there were many issues,” she will say. “I went over those issues with him. He wanted to make sure my questions had been answered.” [Dallas Morning News, 7/28/2000] In November 2000, Reno will tell a group of schoolchildren in New York City, “[I]n a way, I’ll never know what the right thing to do was” in ending the standoff, but people have to “live with [their] judgments.… I’ve tried to do what is right.” Reno will make her statement in response to a direct question by a young girl. [New York Post, 11/21/2000]

Entity Tags: Branch Davidians, William Jefferson (“Bill”) Clinton, Janet Reno, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Judge Walter Smith, presiding over the $675 million civil suit brought by survivors and family members of the Davidian siege near Waco, Texas (see April 1995), announces that a court expert has determined that neither the FBI nor the Davidians fired weapons during the final day of the siege (see April 19, 1993). The expert’s preliminary study of infrared videotapes finds no firearm muzzle flashes from either federal agents or sect members (see March 20, 2000). [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Federal Bureau of Investigation, Walter Smith, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

One of the signs posted in John Joe Gray’s Texas compound.One of the signs posted in John Joe Gray’s Texas compound. [Source: True Crime Report]Texas Constitutional Militia member John Joe Gray barricades himself inside his rural home in Trinidad, Texas, with heavily armed family members, attempting to face down police officers. Gray is charged with assaulting two highway patrolmen; in 1999, he was pulled over for speeding, and as a result tried to grab a trooper’s gun and bit another trooper in the hand. Troopers subsequently found a number of high-powered rifles and plans to blow up a Dallas bridge in his car. When a judge lets Gray out of jail, he retreats to his 47-acre compound, accompanied by family members and friends from local militias. He sends a letter to local police telling them if they want to come and get him, they’d “better bring plenty of body bags.” Actor and conservative activist Chuck Norris, a Gray hero, fails to broker a settlement. [Southern Poverty Law Center, 6/2001; True Crime Report, 6/29/2010] Gray and his family members remain barricaded in the home for 10 years, with law enforcement officials choosing to allow him to remain in the home rather than flush him out and risk violence. (Some of those in the compound with Gray will later choose to depart.) Anderson County District Attorney Doug Lowe will say of Gray: “There were things that he had on him that led me to believe that he posed a threat to the safety of people in another city. That he was capable of building a bomb, that he had plans to make a bomb to blow up a bridge in Dallas, and that concerned me.” Local officials have bad memories of the Branch Davidian standoff in nearby Waco (see April 19, 1993), and say they are determined not to make the same mistake that federal and local officials made at that time. Henderson County Sheriff Ray Nutt will say, “I’m not willing to risk my deputies’ lives, and I really don’t want to end up having to kill a bunch of them folks up there.” Among the family members barricaded with Gray are Samuel and Joe Tarkington, two children who were brought to the Gray home by their mother—Gray’s daughter—and who have remained there ever since; and Gray’s two sons Jonathan and Timothy. The compound has its own food and water sources, but lacks electricity. “They’re still out there. [Gray’s] still in his own prison,” Nutt will say. “They’ve done no damage to anyone in the 10 years they’ve been out there. They haven’t won—we just haven’t been able to arrest them yet.” Gray has repeatedly vowed to kill anyone who attempts to enter the compound. [ABC News, 2/12/2010; True Crime Report, 6/29/2010] In June 2010, he will tell a reporter: “I’ll never leave. I don’t feel like a prisoner… because I’m living out here and following God’s laws.” [Associated Press, 6/28/2010]

Entity Tags: Ray Nutt, Doug Lowe, Chuck Norris, Joe Tarkington, Jonathan Gray, Texas Constitutional Militia, John Joe Gray, Timothy Gray, Samuel Tarkington

Timeline Tags: US Domestic Terrorism

The court in the $675 million civil suit brought by Branch Davidians against the federal government (see April 1995) releases the final report on a simulation of some aspects of the final siege, which killed almost 80 Davidians (see April 19, 1993). Experts find that flashes seen on a videotape, once thought to be muzzle flashes from the weapons of FBI agents (see October 1999), were sunlight reflecting off debris and not gunfire (see March 20, 2000). The final report supports earlier findings (see April 24, 2000). [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Federal Bureau of Investigation, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

Testimony begins in the civil suit filed by the survivors of the Branch Davidian conflagration outside Waco, Texas (see April 19, 1993), and the family members of those killed in the fire. The plaintiffs claim the government is responsible for the wrongful death of some 80 Davidians (see April 1995). The lead attorney for the plaintiffs, Michael Caddell, shows pictures of 15 children who died in the fire, and tells the jury that each of the children “never owned a gun. Never broke the law. Never hurt anyone.” For his part, US Attorney Michael Bradford, heading the government defense team, calls the Mt. Carmel compound of the Davidians an “armed encampment,” and says the Davidians ambushed agents of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF) when those agents presented search and arrest warrants to the residents (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993). Bradford tells the jury that Davidian leader David Koresh is responsible for the fire, not the FBI agents who assaulted the compound with tear gas and assault vehicles (see Late September - October 1993, August 2, 1996, and July 21, 2000). “The responsibility for those tragic events should not be placed upon the shoulders of the brave men and women of the ATF and the FBI,” Bradford says. “The responsibility for what happened at Mount Carmel is on David Koresh and the Branch Davidians. They caused this dangerous situation to occur, and they brought it to a tragic end.” The first to testify are three survivors of the conflagration, marking the first time any survivors have testified in the five-year legal proceedings. The survivors say that government reports of the Davidians being “armed to the teeth” are wrong, and depict the community as a happy, peaceful group. “There were people from all over the world: different personalities, different families, different interests, different likes and dislikes. We were all there for one purpose, and that was the Bible studies,” says Rita Riddle, who lost her brother Jimmy Riddle in the final fire. “David [Koresh] was my teacher.” Jaunessa Wendel, one of the children who left the compound before the fire, says: “It was our home. It was like an apartment building, a community center.” She testifies about bullets smashing through a window during the initial BATF raid, coming perilously close to striking her three younger siblings. “There was glass in my brother’s crib,” she recalls. Wendel’s mother, Jaydean Wendel, died in the shootout. Her father, Mark Wendel, died in the final fire. The three say they never learned to use guns from Koresh and other Davidians, disputing government testimony to the contrary, but admit that Koresh took other men’s wives as his own and fathered many of the community’s children (see February 27 - March 3, 1993). The government lawyers note that Wendel and another adult survivor previously told authorities that, contrary to their testimony today, they saw Riddle carrying or shooting a gun during the BATF raid, a contention that Riddle denies. Wendel says she lied during that testimony for fear that her family “might be split up” by the authorities if she did not tell them what she believed they wanted to hear. Government lawyers repeat earlier testimony from Wendel saying that she saw her mother fire on BATF agents. “You just made all that up?” Bradford asks. [Dallas Morning News, 6/6/2000]

Entity Tags: Mark Wendel, David Koresh, Branch Davidians, Jaunessa Wendel, Jimmy Riddle, Michael Caddell, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Michael Bradford, Jaydean Wendel, Rita Riddle

Timeline Tags: 1993 Branch Davidian Crisis

An advisory jury of five panelists in Waco, Texas, rules that law enforcement agents did not start the gun battle that began the Waco standoff between law enforcement officials and the Branch Davidians (see April 19, 1993), and decides that the federal government owes nothing to the Davidians who survived the conflagration. The panel takes just over an hour to decide that the government has no liability in the BATF raid (see 5:00 A.M. - 9:30 A.M. February 28, 1993), standoff, FBI assault, and culminating fire. The presiding judge, Walter Smith, will issue a final verdict next month after an expert testifies as to the possibility that the FBI fired into the compound during the siege, actions the FBI and Justice Department have long denied (see June 12, 2000). The civil suit had asked for $675 million in damages for the government’s allegedly causing the “wrongful deaths” of the Davidians. Waco music shop owner Bill Buzze says he and his fellow residents are ready for the publicity and the notoriety surrounding the Davidians to come to an end. “We really want it all to just go away,” he says. “It’s gone on too long, cost too much money, and hurt too many people.” Buzze’s employee Inez Bederka is not sure that people will forget so quickly. “I think it will always be on Waco, the stigma,” she says. “People are still putting Waco down real hard these days. The outside world just won’t treat you fair after a thing like that.… [I]t’s a shame that something bad like that had to happen before people heard about Waco.” Buzze says that many people have an unwarranted fascination and even fear of Waco and the surrounding area. “The Chamber of Commerce has a tough job now,” Buzze says. “They have to reassure people that we’re not going to shoot them if they come down to visit.” Chamber of Commerce president Jack Stewart is quick to point out that the Branch Davidians did not live in Waco proper, but in Elk, a small township on the outskirts of Waco. [Waco Journal, 7/18/2000; Southern Poverty Law Center, 6/2001]

Entity Tags: Jack Stewart, Bill Buzze, Branch Davidians, Inez Bederka, US Department of Justice, Federal Bureau of Investigation, Walter Smith, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Timeline Tags: 1993 Branch Davidian Crisis

An investigative commission headed by former Senator John C. Danforth (R-MO) finds no wrongdoing on the parts of the FBI, the Bureau of Alcohol, Tobacco and Firearms (BATF), or the Justice Department in their actions during the Waco standoff between law enforcement officials and the Branch Davidians (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993). Attorney General Janet Reno appointed the commission after documents surfaced in 1999 that indicated an FBI agent fired pyrotechnic gas canisters near the Branch Davidian compound during the raid, possibily contributing to the fire that destroyed the compound and killed many sect members (see August 25, 1999 and After). Danforth’s investigation also finds that, despite the documents, no government agency or individual contributed to any alleged cover-up, and emphatically clears Reno of any responsibility for the calamity. Danforth does find that a single FBI agent fired three flammable gas canisters into a concrete pit some 75 feet from the compound itself, as previously acknowledged. His report concludes that the FBI most likely mishandled that information, though the possibility exists of some sort of deliberate cover-up or falsification of evidence. Danforth’s report also notes that he had encountered “substantial resistance” to his probe from Justice Department officials, in some cases resulting in a “tug of war” over requested evidence that required intervention by Reno’s top deputy. [PBS Frontline, 10/1995; Dallas Morning News, 7/28/2000] Asked whether she feels vindicated by the report, Reno says: “One doesn’t think in terms of exoneration when you look at something like that. That was a terrible tragedy. And what I have always said was we have got to look to the future to see what we can do, what we can learn about human behavior to avoid tragedies like that.” The final report sums up 10 months of investigation, interviews, and evidence assessment; the investigation cost $12 million. [Dallas Morning News, 7/28/2000]

Entity Tags: John C. Danforth, Federal Bureau of Investigation, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, US Department of Justice, Janet Reno

Timeline Tags: 1993 Branch Davidian Crisis

On three occasions, military lawyers force members of Able Danger to cancel scheduled meetings with the FBI at the last minute. Able Danger officials want to share information about the Brooklyn al-Qaeda cell they believe they’ve discovered which includes Mohamed Atta and other hijackers (see January-February 2000). The exact timing of these meetings remains unclear, but they appear to happen around the time military lawyers tell Able Danger they are not allowed to pursue Mohamed Atta and other figures (see September 2000) . [Government Security News, 9/2005] In 2005, it will be reported that Lieutenant Colonel Anthony Shaffer contacted FBI agent Xanthig Magnum in attempts to set up these meetings. Magnum is willing to testify about her communications with Shaffer, but apparently she has not yet been able to do so. [Fox News, 8/28/2005] Shaffer will later elaborate that the meetings were set up around early summer. Col. Worthington, then head of Able Danger, is one of the Special Operations Command (SOCOM) officials scheduled to meet with FBI Counterterrorism agents. Shaffer ater claims the meetings were cancelled because “SOCOM lawyers would not permit the sharing of the US person information regarding terrorists located domestically due to ‘fear of potential blowback’ should the FBI do something with the information and something should go wrong. The lawyers were worried about another ‘Waco’ situation (see April 19, 1993). The critical counterterrorism information is never passed from SOCOM to the FBI before 9-11; this information did include the original data regarding Atta and the terrorist cells in New York and the DC area.” [US Congress, 2/15/2006 pdf file] Representative Curt Weldon (R-PA), who in 2005 helps bring to light the existence of the program, says, “Obviously, if we had taken out that cell, 9/11 would not have occurred and, certainly, taking out those three principal players in that cell would have severely crippled, if not totally stopped, the operation that killed 3,000 people in America.” [Government Security News, 8/2005]

Entity Tags: Xanthig Magnum, Mohamed Atta, Special Operations Command, Curt Weldon, Federal Bureau of Investigation, Able Danger, Anthony Shaffer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former federal prosecutor William “Bill” Johnston is indicted for obstructing the investigation of special counsel John Danforth, who led a government probe into the Branch Davidian debacle near Waco, Texas (see April 19, 1993, September 7-8, 1999, and July 21, 2000). Johnston, a former US attorney in Waco, is accused of concealing information about the FBI’s use of pyrotechnic CS gas rounds during the final assault on the Davidian compound (see August 25, 1999 and After). Danforth, a former Republican senator, says he preferred to release the investigation report without prosecuting anyone, but says the charges against Johnston are too severe to ignore. “I couldn’t just shrug it off,” Danforth says. Johnston is accused of hiding his notes about the use of incendiary tear gas rounds from the Justice Department and Congress. He is also accused of later lying about the notes to Danforth’s investigators and to the grand jury. Johnston has admitted to hiding his notes, but also helped bring the information about the incendiary gas rounds to the public. “My actions were foolish, regrettable, and wrong, but they were not criminal,” Johnston says. “I can’t confess to concealing the pyrotechnics when I was the government employee most responsible for disclosing them. And I can’t take full blame when there is so much blame to be spread around.” Danforth’s report found no evidence of a widespread government conspiracy to cover up the use of the pyrotechnic gas rounds, but asserted that members of the Justice Department’s prosecution team had failed to give information about the rounds to Davidian defense lawyers during a criminal trial in 1994 (see January-February 1994). The report also criticized two FBI evidence technicians, Richard Crum and James Cadigan, who checked the crime scene for failing to keep notes and giving evasive statements on their findings. Johnston says he hid his notes to protect himself from “enemies” in the Justice Department. “Certain people leaked a memo to the news media making it appear—falsely—that I attended a 1993 meeting at which the term ‘pyrotechnic’ was used,” Johnston says. “In any event, when I uncovered the notes, only days after the memo was leaked, I panicked, because I had just been ordered to place all my trial material in the hands of the people behind the smear campaign. I should have turned those notes over anyway and suffered the consequences, but I didn’t.” Danforth says that two other prosecutors on the trial, Ray Jahns and LeRoy Jahns, knew about the pyrotechnic gas rounds but did not disclose their knowledge. However, Danforth says there is not enough “tangible” evidence against the two to file charges. “There is a difference between what I believe and conclude and what I can prove beyond a reasonable doubt,” he says. [St. Louis Post-Dispatch, 11/9/2000] Johnston will accept a plea-bargain deal that gives him two years’ probation and 200 hours of community service in return for an admission of guilt. He will tell the court: “Whatever my reason [for withholding his notes], it was wrong. It will never be right to withhold something in fear or panic or whatever reason.” [Associated Press, 6/7/2001] In August 1999, Johnston wrote to Attorney General Janet Reno that he believes unnamed Justice Department officials were concealing evidence from her (see August 30, 1999).

Entity Tags: LeRoy Jahns, Federal Bureau of Investigation, Branch Davidians, James Cadigan, John C. Danforth, William (“Bill”) Johnston, US Department of Justice, Richard Crum, Janet Reno, Ray Jahns

Timeline Tags: 1993 Branch Davidian Crisis

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) gives up on his appeals and asks to be executed. In an affidavit, McVeigh writes: “I believe I am fully competent to make this decision. If the court thinks that a psychological evaluation is necessary to make certain I am competent, I will submit to such an evaluation. I will not justify or explain my decision to any psychologist, but will answer questions related to my competency.” He acknowledges that he makes his request against the advice of his attorneys, and asks that Judge Richard P. Matsch set an execution date within 120 days. McVeigh’s lawyer Nathan Chambers says that McVeigh has been considering this decision for some time now. “This is not a snap decision,” Chambers says. “The judge is going to want to make a determination that Mr. McVeigh’s decision is a decision he made voluntarily and knowingly.” McVeigh gives no further explanation, though some believe he intends to become a martyr for the far-right “patriot” movement. Eight days later, Matsch grants McVeigh’s request. [Los Angeles Times, 12/13/2000; The Oklahoman, 4/2009; Mayhem (.net), 4/2009]

Entity Tags: Richard P. Matsch, Nathan Chambers, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

January 16, 2001: McVeigh Execution Date Set

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) again says he wants to drop any further appeals (see March 8-9, 1999 and December 13, 2000) and asks to be executed. Judge Richard P. Matsch sets his execution date for May 16, 2001. [Douglas O. Linder, 2001; Fox News, 4/13/2005]

Entity Tags: Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) says he has no objection to having his upcoming execution (see June 11-13, 1997) televised. In a letter published by the Daily Oklahoman, McVeigh questions the fairness of limiting the number of witnesses to his execution, set for May 16 (see January 16, 2001); the Federal Bureau of Prisons (FBP) is considering allowing survivors and relatives of his victims to view his execution via closed-circuit broadcast. “Because the closed-circuit telecast of my execution raises these fundamental equal access concerns, and because I am otherwise not opposed to such a telecast, a reasonable solution seems obvious: hold a true public execution—allow a public broadcast,” McVeigh writes. “It has… been said that all of Oklahoma was a victim of the bombing. Can all of Oklahoma watch?” McVeigh’s attorney Robert Nigh Jr. says McVeigh is serious about his request. “He is in favor of public scrutiny of government action, including his execution,” Nigh says. FBP spokesperson Dan Dunne says of the idea of a public broadcast of McVeigh’s execution: “It hasn’t been considered. It won’t happen.” Nigh says that the idea of a publicly broadcast execution is not unreasonable, stating, “If it is our collective judgment that capital punishment is a reasonable response to crime, we need to come to grips with what it actually is.” [ABC News, 2/11/2001; New York Times, 2/11/2001]

Entity Tags: Federal Bureau of Prisons, Dan Dunne, Timothy James McVeigh, Robert Nigh, Jr

Timeline Tags: US Domestic Terrorism

Jayna Davis, appearing on a Fox News broadcast.Jayna Davis, appearing on a Fox News broadcast. [Source: Libertarian Republican (.com)]Former investigative reporter Jayna Davis, who once worked for KFOR-TV in Oklahoma City, tells Fox News’s Bill O’Reilly she has amassed evidence that she says proves Osama bin Laden was behind the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Former Army soldier Timothy McVeigh is awaiting execution for carrying out the bombing (see June 2, 1997 and June 11-13, 1997). Davis says that she attempted to give her evidence, comprised of court records, 24 witness statements, and reports from law enforcement, intelligence, and terror experts, to the FBI, which she says refused to accept the material. Davis says the FBI is involved in an elaborate conspiracy to conceal the existence of a Middle Eastern terror cell that carried out the bombing; law enforcement authorities have long dismissed the idea (see 10:00 a.m. April 19, 1995 and After) that the bombing was carried out by anyone other than McVeigh and his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). According to Davis’s version of events, a Middle Eastern terror cell was operating only blocks away from the Murrah Federal Building, the site of the bombing, and an Iraqi national who formerly served in Saddam Hussein’s Republican Guard was in contact with McVeigh on the day of the bombing. It was the Iraqi, not McVeigh, she says, who drove the Ryder truck containing the bomb to the federal building; he fled in a brown Chevrolet pickup truck. Davis says in the minutes after the bombing, an all-points bulletin was issued for the Iraqi, but it was inexplicably withdrawn shortly thereafter. Davis says the conspiracy consists of McVeigh, Nichols, and at least seven Middle Eastern men, with bin Laden masterminding the operation. “The evidence we have gathered definitely implicates McVeigh and Nichols,” she says. “I want to make that very clear. They were in it up to their eyeballs.” Of the FBI’s refusal to consider her evidence, she tells O’Reilly: “I was flabbergasted. I am unable to imagine any reason they would not accept it.” [WorldNetDaily, 3/21/2001]

Entity Tags: Osama bin Laden, Bill O’Reilly, Terry Lynn Nichols, Federal Bureau of Investigation, Timothy James McVeigh, Jayna Davis

Timeline Tags: US Domestic Terrorism

Stephen Jones, who represented convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says in an op-ed for the Daily Oklahoman he is willing to testify under oath that McVeigh did not act alone in the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). During McVeigh’s trial, Jones insisted that there was evidence of a larger conspiracy, perhaps involving domestic far-right militia groups and perhaps Islamist radicals. Jones says he is willing to testify on behalf of Terry Nichols, McVeigh’s accomplice (see December 23, 1997 and June 4, 1998), who is facing 160 counts of murder in an Oklahoma state court (see September 5, 2001). Jones refuses to say whether either McVeigh or Nichols were actually involved in the conspiracy, stating: “At this point, it’s not appropriate for me to name names or to go into detail in the media. There are pending proceedings.” However, he tells a reporter for The Oklahoman, “If McVeigh is saying he acted alone, that is inconsistent with what he told me.” Any such claim of sole responsibility, Jones says, would be inconsistent with his understanding of the case “and certainly contrary to many statements Tim McVeigh made to me while I was his attorney.” Such a claim, he says, “would be nothing more than an effort to obstruct justice in pending judicial proceedings.… If I remain silent, my silence could be taken… as condoning what he has said and I can’t do that.” Jones says his possible testimony would not violate attorney-client privilege, as he no longer represents McVeigh; moreover, Jones says, McVeigh gave up attorney-client privilege when he attacked Jones in a lawsuit last year (see August 14-27, 1997). [Reuters, 3/26/2001]

Entity Tags: Stephen Jones, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Esquire Magazine publishes a number of letters written by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to Phil Bacharach, a former reporter for the Oklahoma Gazette. Most of the material in the letters is trivial, with McVeigh joking about his favorite television shows and complaining about conditions in his cell, but at least one letter touches on his anger about the children who died in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). Nowhere in the letters does he discuss the bombing that killed 168 people, including 19 children. Bacharach, who now works as press secretary for Governor Frank Keating (R-OK), corresponded with McVeigh for two years before joining Keating’s staff, when the letter exchanges were terminated. Bacharach says that anyone looking for answers regarding the bombing will not find them in the letters. “It is beyond me to reconcile the Timothy McVeigh who murdered 168 people with the writer of these letters,” he writes. “True, this correspondence offers only a small window through which to look. I do know one thing: In the written word, at least, he has not a whisper of conscience.” The letters were written while McVeigh was incarcerated at a “supermax” penitentiary in Florence, Colorado; he now awaits execution in a federal prison in Indiana. According to the letters, McVeigh is fond of The Simpsons, King of the Hill, and Star Trek, and was not happy when he was moved from the cell he kept spotlessly clean to a cell “brutally thrashed by a pig inmate,” a leader of the Latin Kings street gang. He mocks Oklahoma County District Attorney Bob Macy, who had promised to try McVeigh on 160 state counts of murder, calling him “Bozo” and “a punk.” He calls the FBI “wizards at propaganda” who manipulated the facts of the Branch Davidian tragedy. A letter from November 26, 1996 sheds some light on McVeigh’s feelings about the Davidian tragedy, and may help explain his rationale for the bombing. In that letter, he wrote: “The public never saw the Davidians’ home video of their cute babies, adorable children, loving mothers, or protective fathers. Nor did they see pictures of the charred remains of children’s bodies. Therefore, they didn’t care when these families died a slow, tortuous death at the hands of the FBI.” Bacharach says it was an unwritten rule between them that they not discuss the bombing. Bacharach says in the letter exchange, he hoped to understand “what made a person who didn’t seem like evil-incarnate commit that evil act.” That never happened, he writes. “It is this fact—that he was not dead behind the eyes, a sheer lunatic—that troubles me the most. He didn’t have the right to be normal, glib, and pleasant, I thought. He owed the dead of Oklahoma City the decency of at least showing his evil.” [Associated Press, 3/27/2001]

Entity Tags: Timothy James McVeigh, Phil Bacharach, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

FBI agent Danny Defenbaugh, the lead investigator in the 1995 Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and After 9:02 a.m., April 19, 1995), tells a CNN reporter that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was planning subsequent attacks to follow the first bombing. He also says that there was no way McVeigh could not have known that his target, the Murrah Federal Building, had children inside. “There were other federal buildings that were mentioned,” Defenbaugh says, referring to potential targets in Dallas and Omaha. The FBI, after finding some of the storage units McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) used to store explosives, conducted an intensive search for other stores of explosives. “We sent out within two weeks of that letters to every storage facility in the United States,” he says, but notes that nothing turned up. “It was, and still is, probably the largest, most labor-intensive investigation ever conducted by the FBI.” As for the children being in the building, Defenbaugh says, “No matter what and how you go by that building, if you look at the building, you’re going to see all the little cut-out hands, all the little apples and flowers showing that there’s a kindergarten there—that there are children in that building.” Defenbaugh says the most frequent question he hears is whether others were involved in the conspiracy, usually referring to the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defenbaugh says that security camera footage from a McDonald’s (see 3:00 - 5:00 p.m. April 17, 1995) indicates that McVeigh carried out the bombing by himself. “There was no one else who came in [to the restaurant] with him, who was involved with him, who sat with him, who talked with him, who left with him, no indication whatsoever that there was anyone else,” he says. Defenbaugh notes that McVeigh is a pariah, even to anti-government militia groups, saying: “He’s not a martyr. He’s a cold-blooded killer.” [CNN, 3/28/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The people who died in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), even the children and babies, were merely “collateral damage,” according to Timothy McVeigh, who is awaiting execution for his role in the bombing (see June 2, 1997 and June 11-13, 1997). McVeigh admitted to his participation in the bombing to two Buffalo News reporters, Lou Michel and Dan Herbeck, who wrote the book American Terrorist: Timothy McVeigh and the Oklahoma City Bombing. The book is due to be published within days. “I understand what they felt in Oklahoma City,” McVeigh told the authors. “I have no sympathy for them.” The authors quote McVeigh as saying: “I recognized beforehand that someone might be bringing their kid to work. However, if I had known there was an entire day care center, it might have given me pause to switch targets. That’s a large amount of collateral damage.” CNN reported that according to Danny Defenbaugh, the FBI’s lead investigator in the case, there was no doubt that McVeigh knew there would be children among his victims (see March 28, 2001). In an ABC News interview, the authors say that McVeigh “never expressed one ounce of remorse” for his victims in their interviews with him, though they witnessed him become emotional over his remembrance of killing a gopher. According to the authors, McVeigh regrets only that the deaths of the children detracted from his message about the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see August 31, 1992 and August 21-31, 1992) debacles. McVeigh told the authors, using a reference to the song “Dirty for Dirty” by Bad Company: “What the US government did at Waco and Ruby Ridge was dirty. I gave dirty back to them at Oklahoma City.” The authors note that McVeigh said the triggering event for him was the government’s ban on some types of assault weapons (see September 13, 1994): when that happened, McVeigh told them, “I snapped.” Dr. John Smith, a psychiatrist who evaluated McVeigh, asked McVeigh why he continued with the bombing even though he knew children were in the building. “[H]e said, ‘One, the date was too important to put off,’” Smith says, noting that the date of the bombing, April 19, was the two-year anniversary of the Branch Davidian debacle, “and he went into a tirade about all the children killed at Waco.” According to Michel and Herbeck, McVeigh told them he alone planned the bombing, and when his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998) began to show reluctance in continuing (see March 1995 and March 31 - April 12, 1995), he forced him to keep working with him by threatening his family (legal sources dispute that claim, noting that Nichols never raised the idea of coercion in his defense). McVeigh denied that anyone else took part in the bombing, quoting a line from the movie A Few Good Men: “You can’t handle the truth.” McVeigh continued, “Because the truth is, I blew up the Murrah Building, and isn’t it kind of scary that one man could wreak this kind of hell?” He also told the authors that he was disappointed the building did not come down entirely, saying: “Damn, I didn’t knock the building down. I didn’t take it down.” McVeigh told the authors he knew he would get caught and even anticipated execution as a form of “state-assisted suicide.” Yet he worried initially about snipers as he was being charged. “He was ready to die but not at that moment—he wanted to make sure that his full message got out first,” Herbeck says. [New York Times, 3/29/2001; Associated Press, 3/29/2001; Oklahoma City Journal Record, 3/29/2001; Washington Post, 3/30/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Dan Herbeck, Lou Michel, Terry Lynn Nichols, John Smith

Timeline Tags: US Domestic Terrorism

Randy Weaver, the white separatist who was at the heart of the 1992 Ruby Ridge standoff with the FBI (see August 31, 1992), says the reasons given by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) for the bombing ring hollow. A book titled American Terrorist, based on prison interviews given by McVeigh to two reporters, claims that McVeigh targeted a federal building in retaliation for the Ruby Ridge (see August 21-31, 1992) and Branch Davidian (see April 19, 1993 and April 19, 1993 and After) tragedies (see March 29, 2001). Weaver is not buying it. “McVeigh took the law into his own hands,” he tells a reporter. “He had justified it in his own mind. I don’t agree with him at all. He has more anger in him than I do, and I don’t know how that could be.” Weaver’s wife and son died by FBI gunfire during the siege. A federal marshal was also killed in the standoff. [Associated Press, 3/31/2001]

Entity Tags: Timothy James McVeigh, Randy Weaver

Timeline Tags: US Domestic Terrorism

Anti-government groups believe that convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was a brainwashed “patsy” who undermined them, and is not a martyr to their cause, according to experts who monitor the groups. McVeigh is awaiting execution at an Indiana prison. Mark Pitcavage, who tracks right-wing hate groups for the Anti-Defamation League, says: “They view Timothy McVeigh as a patsy, as a sort of Lee Harvey Oswald type. Why hasn’t he come clean? Because he’s been brainwashed, [the groups believe,] and the government wants to execute him before he can wake up.” The Oswald comparison refers to the belief that some have that Oswald was an innocent man framed for the killing of President John F. Kennedy. Some anti-government extremists say that McVeigh was programmed by government agents to cause dissension among anti-government groups, and to give the government an excuse to crack down on the groups. Even so, some experts warn, some anti-government and militia groups will choose April 19, the date of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as a day to recognize and to possibly carry out further violence. Political scientist Evan McKenzie says, “Every April 19, everyone should hold their breath.” [Reuters, 4/5/2001]

Entity Tags: Timothy James McVeigh, Evan McKenzie, Mark Pitcavage

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), waiting for his execution (see January 16, 2001), meets with his father Bill McVeigh for the last time. He again refuses to apologize for the bombing: “Dad, if I did, I wouldn’t be telling the truth,” he says. [The Oklahoman, 4/2009]

Entity Tags: Timothy James McVeigh, William (“Bill”) McVeigh

Timeline Tags: US Domestic Terrorism

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