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Profile: Michael Joseph Fortier
Michael Joseph Fortier was a participant or observer in the following events:
Entrance to Fort Riley, Kansas. [Source: US Military (.com)]Terry Nichols, a 33-year-old Michigan farmer and house husband described as “aimless” by his wife Lana, joins the US Army in Detroit. He is the oldest recruit in his platoon and his fellow recruits call him “Grandpa.” During basic training at Fort Benning, Georgia, Nichols meets fellow recruits Timothy McVeigh (see 1987-1988), who joined the Army in Buffalo, New York, and Arizona native Michael Fortier. All three share an interest in survivalism, guns, and hating the government, particularly Nichols and McVeigh; unit member Robin Littleton later recalls, “Terry and Tim in boot camp went together like magnets.” For McVeigh, Nichols is like the older brother he never had; for Nichols, he enjoys taking McVeigh under his wing. Nichols also tells McVeigh about using ammonium nitrate to make explosives he and his family used to blow up tree stumps on the farm. The three are members of what the Army calls a “Cohort,” or Cohesion Operation Readiness and Training unit, which generally keeps soldiers together in the same unit from boot camp all the way through final deployment. It is in the Army that McVeigh and Nichols become enamored of the novel The Turner Diaries (see 1978), which depicts a United States racially “cleansed” of minorities and other “undesirables” (McVeigh is already familiar with the novel—see 1987-1988). All three are sent to the 11 Bravo Infantry division in Fort Riley, Kansas, where they are finally separated into different companies; McVeigh goes to tank school, where he learns to operate a Bradley fighting vehicle as well as becoming an outstanding marksman. [New York Times, 5/4/1995; New York Times, 5/28/1995; Stickney, 1996, pp. 91-95; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh later says he joined the Army because he was disillusioned with the “I am better than you because I have more money” mindset some people have, and because he was taken with the Army’s advertisement that claimed, “We do more before 9 a.m. than most people do all day.” [PBS Frontline, 1/22/1996] Fellow unit member Specialist Ted Thorne will later recall: “Tim and I both considered ourselves career soldiers. We were going to stay in for the 20-plus years, hopefully make sergeant major. It was the big picture of retirement.” [Serrano, 1998, pp. 31]
Nichols Leaves Army, Tells of Plans to Form 'Own Military Organization' - In the spring of 1989, Nichols, who planned on making a career of military service, leaves the Army due to issues with an impending divorce and child care, but his friendship with McVeigh persists. Fellow soldier Glen Edwards will later say that he found Nichols’s choice to serve in the Army unusual, considering his virulent hatred of the US government: “He said the government made it impossible for him to make a living as a farmer. I thought it strange that a 32-year-old man would be complaining about the government, yet was now employed by the government. Nichols told me he signed up to pull his 20 years and get a retirement pension.” Before Nichols leaves, he tells Edwards that he has plans for the future, and Edwards is welcome to join in. Edwards will later recall, “He told me he would be coming back to Fort Riley to start his own military organization” with McVeigh and Fortier. “He said he could get any kind of weapon and any equipment he wanted. I can’t remember the name of his organization, but he seemed pretty serious about it.” [New York Times, 5/28/1995; Stickney, 1996, pp. 96, 101]
McVeigh Continues Army Career, Described as 'Strange,' 'Racist,' but 'Perfect Soldier' - McVeigh does not leave the Army so quickly. He achieves the rank of sergeant and becomes something of a “model soldier.” He plans on becoming an Army Ranger. However, few get to know him well; only his closest friends, such as Nichols, know of his passion for firearms, his deep-seated racism, or his hatred for the government. McVeigh does not see Nichols during the rest of his Army stint, but keeps in touch through letters and phone calls. Friends and fellow soldiers will describe McVeigh as a man who attempts to be the “perfect soldier,” but who becomes increasingly isolated during his Army career; the New York Times will describe him as “retreating into a spit-and-polish persona that did not admit nights away from the barracks or close friendships, even though he was in a ‘Cohort’ unit that kept nearly all the personnel together from basic training through discharge.” His friends and colleagues will recall him as being “strange and uncommunicative” and “coldly robotic,” and someone who often gives the least desirable assignments to African-American subordinates, calling them “inferior” and using racial slurs. An infantryman in McVeigh’s unit, Marion “Fritz” Curnutte, will later recall: “He played the military 24 hours a day, seven days a week. All of us thought it was silly. When they’d call for down time, we’d rest, and he’d throw on a ruck sack and walk around the post with it.” A fellow soldier, Todd Regier, will call McVeigh an exemplary soldier, saying: “As far as soldiering, he never did anything wrong. He was always on time. He never got into trouble. He was perfect. I thought he would stay in the Army all his life. He was always volunteering for stuff that the rest of us wouldn’t want to do, guard duties, classes on the weekend.” Sergeant Charles Johnson will later recall, “He was what we call high-speed and highly motivated.” McVeigh also subscribes to survivalist magazines and other right-wing publications, such as Guns & Ammo and his favorite, Soldier of Fortune (SoF), and keeps an arsenal of weapons in his home (see November 1991 - Summer 1992). Regier will later tell a reporter: “He was real different. Kind of cold. He wasn’t enemies with anyone. He was kind of almost like a robot. He never had a date when I knew him in the Army. I never saw him at a club. I never saw him drinking. He never had good friends. He was a robot. Everything was for a purpose.” [New York Times, 5/4/1995; Stickney, 1996, pp. 86; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh is taken with the increasing number of anti-government articles and advertisements in SoF, particularly the ones warning about what it calls the impending government imposition of martial law and tyranny, and those telling readers how to build bombs and other items to use in “defending” themselves from government aggression. [Serrano, 1998, pp. 27-28] McVeigh is not entirely “by the book”; he knows his friend Michael Fortier is doing drugs, but does not report him to their superior officers. [PBS Frontline, 1/22/1996] McVeigh is promoted to sergeant faster than his colleagues; this is when he begins assigning the undesirable tasks to the four or five black specialists in the group, tasks that would normally be performed by privates. “It was well known, pretty much throughout the platoon, that he was making the black specialists do that work,” Regier will recall. “He was a racist. When he talked he’d mention those words, like n_gger. You pretty much knew he was a racist.” The black soldiers complain to a company commander, earning McVeigh a reprimand. Sergeant Anthony Thigpen will later confirm Regier’s account, adding that McVeigh generally refuses to socialize with African-Americans, and only reluctantly takes part in company functions that include non-whites. Captain Terry Guild will later say McVeigh’s entire company has problems with racial polarization, “[a]nd his platoon had some of the most serious race problems. It was pretty bad.” In April 1989, McVeigh is sent to Germany for two weeks for a military “change-up program.” While there, he is awarded the German equivalent of the expert infantryman’s badge. In November 1989, he goes home for Thanksgiving with Fortier, and meets Fortier’s mother Irene. In late 1990, McVeigh signs a four-year reenlistment agreement with the Army. [New York Times, 5/4/1995]
McVeigh Goes on to Serve in Persian Gulf War - McVeigh will serve two tours of duty in the Persian Gulf War, serving honorably and winning medals for his service (see January - March 1991 and After). Nichols and McVeigh will later be convicted of planning and executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Entity Tags: Ted Thorne, Terry Guild, Todd Regier, Terry Lynn Nichols, Robin Littleton, Michael Joseph Fortier, Charles Johnson, Glen Edwards, Marion (“Fritz”) Curnutte, Anthony Thigpen, Timothy James McVeigh, US Department of the Army
Timeline Tags: US Domestic Terrorism
Future Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) goes to the site of the Branch Davidian siege in Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993), to see if the gun ownership rights of the Davidians are being curtailed (see January 23, 1993 - Early 1994). Federal agents block his passage to the compound, but McVeigh stays for a few days sellling bumper stickers, pamphlets, and literature; among his offerings are titles such as “Make the Streets Safe for a Government Takeover,” “Politicians Love Gun Control” (featuring a Nazi swastika and a Communist hammer and scythe), “Fear the Government that Fears Your Gun,” and “A Man with a Gun is a Citizen, A Man without a Gun is a Subject.” McVeigh is particularly horrified by the FBI’s use of Bradley fighting vehicles, the tanks he manned during Desert Storm (see January - March 1991 and After), in the siege. He tells a student reporter: “The government is afraid of the guns people have because they have to have control of the people at all times. Once you take away the guns, you can do anything to the people. The government is continually growing bigger and more powerful, and the people need to prepare to defend themselves against government control.” The normally self-effacing and reticent McVeigh even climbs up onto the hood of his car to be seen and heard better. “You give them an inch and they take a mile,” he says of the federal government. “I believe we are slowly turning into a socialist government. The government is growing bigger and more powerful, and the people need to prepare to defend themselves against government control.” McVeigh leaves Waco after a few days and goes to Kingman, Arizona, to visit an Army buddy, Michael Fortier (see May-September 1993); he later goes to Arkansas to meet with a gun-dealing friend, Roger Moore, who calls himself “Bob Miller” at the gun shows they frequent (see January 23, 1993 - Early 1994); though he wants to build ammunition with Moore, McVeigh does not stay long, and later recalls Moore as being a dictator and a “pr_ck.” During his time in Waco, McVeigh becomes known to federal agents, in part because of an interview with a reporter from Southern Methodist University’s school newspaper, the Daily Campus. The published interview, printed on March 30, includes a photograph of McVeigh. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 67-70; Douglas O. Linder, 2001; Southern Poverty Law Center, 6/2001; Nicole Nichols, 2003; Douglas O. Linder, 2006] He is also captured on film by a crew from the Texas television station KTVT, a CBS affiliate, sitting on the hood of his car just outside the compound. [Stickney, 1996, pp. 155] Later he will tell friends at a Pennsylvania gun show that he crawled up to the perimeter fence erected by the FBI around the Davidian compound “without being seen by any of the agents,” and will warn one gun dealer, George (or Greg) Pfaff, that the Davidian standoff “could be the start of the government coming house-to-house to retrieve the weapons from the citizens.” [Serrano, 1998, pp. 71] The college reporter, Michelle Rauch, will later testify in McVeigh’s criminal trial. She will recall meeting McVeigh on a hill outside the Davidian compound, where protesters and observers are gathered. She will recall that the hilltop was “a few miles” from the compound, making it difficult for the people gathered there to see any of the activities around the compound. McVeigh tells Rauch that the local sheriff should have just gone down with a warrant and arrested Davidian leader David Koresh. Rauch will recall McVeigh as being calm, and finds his statements quite helpful to her understanding of the protesters’ objections to the FBI standoff. Her article quotes McVeigh as saying, “It seems like the ATF [referring to the Bureau of Alcohol, Tobacco and Firearms, sometimes abbreviated BATF] just wants a chance to play with their toys, paid for by government money”; “The government is afraid of the guns people have because they have to have control of the people at all times. Once you take away the guns, you can do anything to the people”; “You give them an inch and they take a mile”; “I believe we are slowly turning into a socialist government”; and “The government is continually growing bigger and more powerful, and the people need to prepare to defend themselves against government control.” McVeigh, according to the article, considers the BATF mere “pawns” of the federal government, and blames the government for the standoff, saying it violated the Constitution in surrounding the Davidian compound. The standoff, he says, is just the first step in a comprehensive government assault on the citizenry and Americans should be watchful for further actions. [Douglas O. Linder, 2006]
Television news footage of the Branch Davidian conflagration of April 19, 1993. [Source: Anu News (.com)]Many white separatists and right-wing militia members are aghast, appalled, and infuriated by the violent end to the Branch Davidian siege in Waco, Texas (see April 19, 1993). Two of those are future Oklahoma City bombers Terry Nichols and Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995); when McVeigh watches the flames devour the Davidian compound, he stands in Nichols’s living room and weeps. McVeigh has already visited the compound during the siege (see March 1993); in the following weeks, he revisits the scene, collecting pamphlets from the Davidians, taking photographs, and even taking samples of the charred wood left behind. McVeigh begins wearing, and selling at gun shows, caps that depict the BATF (Bureau of Alcohol, Tobacco and Firearms) logo with bullet holes in them (see August 26 - September 15, 1994). He sells flares that can be used as missiles. Moreover, he and Nichols soon begin practicing with explosives and agitating for violent assaults on government officials with local militia members (see October 12, 1993 - January 1994). McVeigh later tells interviewers: “I didn’t define the rules of engagement in this conflict. The rules, if not written down, are defined by the aggressor. It was brutal, no holds barred. Women and children were killed at Waco and Ruby Ridge (see August 31, 1992). You put back in [the government’s] faces exactly what they’re giving out.” McVeigh’s favorite magazine, Soldier of Fortune, later publishes articles calling the FBI and BATF “the Gestapo” and accusing the government of funneling illegal drugs into the country through the auspices of the DEA; McVeigh will read these articles, and other more overt anti-government publications that directly accuse the government of plotting to enact “new Wacos” throughout the country, with a new fervor. Another favorite is a videotape, “Waco: The Big Lie,” promoted by militia leader Linda Thompson (see April 3, 1993 and September 19, 1994), who accuses the government of deliberately plotting the deaths of everyone inside the Davidian compound and setting the compound afire by shooting flames at the building through a tank. McVeigh will later claim to have learned the “real truth” about the siege after meeting a former Davidian, Paul Fatta, on the gun show circuit (see Late 1992-Early 1993 and Late 1994). Nichols’s neighbor Phil Morawski will later recall of McVeigh: “He said he witnessed part of the siege at Waco and was very upset about it; the government overstepped its bounds. Waco is kind of like the battle cry for Tim and many others.” McVeigh’s friend Michael Fortier (see March 24, 1988 - Late 1990) will later recall discussing the Davidian debacle with McVeigh, saying, “We both concluded that the federal government had intentionally attacked those people and may not have intentionally started the fire, but they were certainly the cause of the fire and potentially murdered those people in Waco.” Fortier’s wife Lori will recall McVeigh’s position differently: according to her recollection, McVeigh believes that “the government murdered those people.” After the bombing, Dennis Mahon, the head of the Oklahoma cell of the White Aryan Resistance, will tell federal officials about McVeigh, whom he claims to have known under an alias: “I met Tim Tuttle, but I didn’t know he was alias Tim McVeigh. I met him at gun shows (see January 23, 1993 - Early 1994). He sold military stuff, knives, gun parts, camouflage uniforms.… And we talked about Waco. And I said: ‘What comes around goes around. If they keep doing this terrorism on our people, terrorism’s going to happen to them…’ He said: ‘Probably. Probably so.‘… Timothy McVeigh is my hero. Wish we had a thousand more like him. He took action.” Mahon will later be identified by one witness as the person driving the Ryder truck for McVeigh on the day of the Oklahoma City bombing (see April 15, 1995), though the identification is in doubt, and Mahon will not be charged for playing a part in the bombing. [Stickney, 1996, pp. 155, 159; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 76-78; Nicole Nichols, 2003; CNN, 12/17/2007] McVeigh will send videotapes about the Davidian tragedy, such as “Waco: The Big Lie,” to his friends, including his former coworker Carl Lebron (see November 1991 - Summer 1992), his former Army comrade Albert Warnement (see January - March 1991 and After), and his neighbors Richard and Lynn Drzyzga (see October 1990). Lebron considers the videotapes “nonsense,” and the Drzyzgas become concerned that McVeigh may actually believe the “nutty” “paranoia” of the information in them. McVeigh will also write a letter to his childhood friend Steve Hodge, breaking off their friendship because Hodge is not sufficiently enraged by the Davidian tragedy (see July 14, 1994). [Serrano, 1998, pp. 78] McVeigh is not the only one preaching active retribution for Waco. James Nichols, Terry’s older brother (see December 22 or 23, 1988), says they are planning to kill law enforcement officials. Paul Izydorek, a family friend, will later tell a CNN reporter: “Evidently, James had told [Izydorek’s son] one or two times about how they were going to kill cops and judges and, you know, really clean house on all the local government. I didn’t take it serious but I guess maybe that’s what the heck they was really talking about, maybe they was a lot more serious, you know, than I realized.” [Stickney, 1996, pp. 156]
Entity Tags: Philip Morawski, Richard Drzyzga, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Timothy James McVeigh, Paul Gordon Fatta, Terry Lynn Nichols, Michael Joseph Fortier, Steve Hodge, Lori Fortier, Branch Davidians, Lynn Drzyzga, Albert Warnement, Carl Edward Lebron Jr, Paul Izydorek, Dennis Mahon, James Nichols, Linda Thompson, Federal Bureau of Investigation
Timeline Tags: US Domestic Terrorism, 1993 Branch Davidian Crisis
Michael Fortier. [Source: Indianapolis Star]Future Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) travels to Kingman, Arizona, to move in with his old Army friend Michael Fortier (see March 24, 1988 - Late 1990, November 1991 - Summer 1992, and March 1993) in Fortier’s trailer home, where he tells Fortier he intends to carry out some unnamed violent action against the government in response to the Branch Davidian tragedy (see April 19, 1993 and After). McVeigh briefly works as a security guard for State Security. Fortier will later recall, “I thought he was still in the Army when he showed up at my door,” noting McVeigh’s tight blond crewcut and his camouflage clothing. “When you saw him, it was like he never left. Actually, I never thought he would leave the service. It was just him.… I have to say McVeigh was a good soldier, a much better soldier than I ever was. His shoes were always spit shined and his clothes always pressed. I would put them on straight out of the dryer.” When they first met in the Army, Fortier will recall, he did not like McVeigh, who is from upstate New York (see 1987-1988). “He had this real New York attitude, real rude and blunt,” Fortier will recall. “He just had no tact.” But, he will continue, “you just got used to his attitude.” Staff Sergeant Albert Warnement, another member of the same company who also sometimes went shooting with McVeigh on the weekends, will later recall, “Fortier was probably his best friend.” Fortier’s mother Irene Fortier has a different recollection of McVeigh, remembering him as “polite and courteous.” McVeigh and Fortier share a dislike of the US government—in the front yard of his trailer, Fortier flies both an American flag and a “Don’t Tread on Me” flag often connected with right-wing militia groups—and a fascination with weaponry. Fortier keeps a half-dozen or more guns in his home, as is commonplace in many northern Arizona homes. McVeigh tells him it is time to take violent action against the US government (see August 21-31, 1992). McVeigh stays in Kingman for around five months, though he soon moves into a rented trailer in the Canyon West Mobile and RV trailer park, and gives Fortier’s address as his residence on an application to rent a private mail box, #206, at the Mail Room (see February - July 1994) under the alias “Tim Tuttle” (see October 12, 1993 - January 1994). He and Fortier discuss forming a militia to fight the “New World Order” (see September 11, 1990), which, they believe, is represented by the government’s fatal assault against the Branch Davidians near Waco, Texas (see April 19, 1993 and April 19, 1993 and After). [New York Times, 5/6/1995; New York Times, 5/21/1995; Stickney, 1996, pp. 151; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 79; Douglas O. Linder, 2001] During the first weeks of his stay at the Fortiers’ home, McVeigh visits his friend Roger Moore, an Arkansas gun dealer (see March 1993). At some time during his stay, he uses methamphetamines, probably obtained from Fortier and in the company of Fortier. He writes his father Bill during this time and asks him not to divulge his address. [PBS Frontline, 1/22/1996] In October 1993, McVeigh leaves Arizona to move in with another Army friend, Terry Nichols (see October 12, 1993 - January 1994).
Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992 and 8:35 a.m. - 9:02 a.m. April 19, 1995) gives a demonstration of how he would set off a fertilizer bomb to destroy a building to his friend Lori Fortier, while he is staying with Lori and her husband Michael (see February - July 1994). His demonstration shows how he would arrange barrels containing an explosive mixture of fertilizer and fuel oil in a truck to create a powerful, targeted explosion. On the Fortier’s kitchen floor, he arranges a number of soup cans in a triangle that would, McVeigh says, direct the force of an explosion at a desired target, with two of the three points of the triangle flush against the side of the truck to maximize the damage. [New York Times, 9/4/1995; Stickney, 1996, pp. 164; Serrano, 1998, pp. 91]
Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992 and 8:35 a.m. - 9:02 a.m. April 19, 1995) returns to Kingman, Arizona, where he moves in again with his Army friend Michael Fortier (see May-September 1993). During this time, McVeigh takes, and loses, a number of jobs, including a security guard position and as a clerk at a Tru-Value hardware store (see February - July 1994). (A chronology of McVeigh’s actions completed by his lawyers will say that shortly after arriving, he leaves Fortier’s home and moves into a house in Golden Valley, Arizona, about 20 miles outside of Kingman, where he lives for six months—see Early 2005. Other evidence disputes this claim.) He turns the house into a bunker, and begins experimenting with bombs and explosives. He renounces his US citizenship on March 16, begins openly speaking of his apocalyptic world views, and continues taking methamphetamines and smoking marijuana (see May-September 1993). In July, McVeigh and Fortier steal items from a National Guard armory. [New York Times, 4/23/1995; New York Times, 4/24/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001] In April, McVeigh spends a brief period of time at the home of Roger Moore, a gun dealer in Arkansas (see March 1993). In June, he goes to upstate New York to visit his ailing grandfather. McVeigh serves as best man in the Fortiers’ July wedding. [PBS Frontline, 1/22/1996]
Conflicting Stories of Problems at Residence - For a time, McVeigh lives in a Kingman, Arizona, trailer park (see May-September 1993). Residents will later tell some reporters that he was arrogant and standoffish, and full of anger against the US government. “He drank a lot of beer and threw out the cans, and I always had to pick them up,” Bob Ragin, owner of the park, will be quoted as saying. Ragin will remember having frequent quarrels with McVeigh, whom Ragin says played loud music and kept a dog in violation of his lease. “Basically he just had a poor attitude, a chip on the shoulder kind of thing,” Ragin will recall. “He was very cocky. He looked like he was ready to get in a fight pretty easy. I’ll tell you, I was a little afraid of him and I’m not afraid of too many people.… You’d tell him there were beer cans all over the yard and he’d just mumble. When I went to talk to him, I’d tell somebody, ‘If you hear fighting or windows breaking, call the police.‘… [H]e piled up so many violations, I asked him to leave. When he did, the trailer was a disaster. It was trashed.” A neighbor, Danny Bundy, later recalls, “Him and his girlfriend drove like maniacs through here.” Some reports will say McVeigh’s alleged girlfriend was pregnant. Bundy will also recall McVeigh standing at the edge of the trailer park and firing rounds from a semiautomatic weapon into the desert. In 1996, author Brandon M. Stickney will write that the characterizations of McVeigh’s troublesome behavior at the mobile home park are largely wrong. He will quote Ragin as calling McVeigh “the perfect tenant,” and will write: “These stories, published by many top news agencies like the Associated Press and the New York Times, were completely wrong. One of the sources quoted even recanted his statements. Timothy McVeigh may have been unstable, but he was never the type to drink a lot of beer, play loud music (he is known for using headphones unless he was in his car), or have a girlfriend, much less a pregnant one.” Stickney will write that McVeigh spent much of this period, not living in a rented trailer, but with the Fortiers, and later in a small rental house in Golden Valley, a claim that tallies with the chronology later created by McVeigh’s lawyers. The FBI will learn that McVeigh owned a Tec-9 semiautomatic assault weapon, which is illegal to own (see September 13, 1994) but was legal when McVeigh bought it in early 1993. Another Kingman resident, Jeff Arrowood, will recall seeing McVeigh frequent a local shooting range. Arrowood will say that McVeigh fires hundreds of rounds at random targets. “Quite frankly, it scared the hell out of me,” he will say. “He pretty much went crazy, emptying on anything—trees, rocks, anything there. He just went ballistic.” [New York Times, 4/23/1995; New York Times, 4/23/1995; New York Times, 4/24/1995; Stickney, 1996, pp. 152, 163-165]
Timothy McVeigh (see November 1991 - Summer 1992, February - July 1994, September 13, 1994 and After, and September 12, 1994 and After), plotting to blow up a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), sends a letter to his Army buddy Michael Fortier (see February - July 1994). He tells Fortier that he and his friend Terry Nichols (see October 12, 1993 - January 1994) plan to take “some type of positive offensive action” against the government. [Washington Post, 12/24/1997] Fortier will later say that a week after receiving the letter, McVeigh tells him what sort of “positive action” he means. Fortier will say, “He told me that him and Terry were thinking of blowing up a building.” [Serrano, 1998, pp. 79] Subsequent analysis by FBI behavioral analyst Jack Douglas will indicate that part of McVeigh’s impetus for deciding on “positive action” is the signing of a crime bill into law that bans the ownership and distribution of 19 types of assault weapons (see September 13, 1994). [New York Times, 12/31/1995] It is around this time that Terry Nichols’s brother James (see December 22 or 23, 1988) tells McVeigh and his brother that they are heading down the wrong path with their paramilitary actions. According to neighbor Philip Morawski, “[James] believed that there were other ways of bringing about change.” [People, 5/8/1995]
After federal legislation bans the ownership of certain assault weapons (see September 13, 1994), future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992, February - July 1994 and 8:35 a.m. - 9:02 a.m. April 19, 1995) decides that the government intends to launch more Waco-style raids (see April 19, 1993). He also decides that he is a likely target for violent government action. McVeigh begins stockpiling weapons and supplies at his Kingman, Arizona, home. His actions unnerve his friend Michael Fortier (see February - July 1994), who has joined McVeigh in experimenting with bombs, but apparently is unwilling to join McVeigh in his plans for more direct action against the government (see September 12, 1994 and After and September 13, 1994). [CNN, 12/17/2007] McVeigh will later tell his lawyers that it is around this time that he and co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, October 12, 1993 - January 1994, and (September 30, 1994)) begin training with weapons and explosives in preparation for the bombing. In December 1995, he will explain that for him, the assault weapons ban (see September 13, 1994 and After) was “the final straw.” He and Nichols decide that it is time to go on the “offensive,” he will later say. On September 15, Nichols asks his wife Marife to go back to the Philippines. [PBS Frontline, 1/22/1996] A federal grand jury will later determine that September 13 is the “official” date that McVeigh begins his conspiracy to bomb the Murrah Federal Building in Oklahoma City (see September 13, 1994). On this day, McVeigh is renting a motel room in Vian, Oklahoma, visiting white supremacist friends in nearby Elohim City, Oklahoma (see 1973 and After and August - September 1994), and probably taking part with other anti-government activists in paramilitary maneuvers (see September 12, 1994 and After). [Douglas O. Linder, 2006]
Timothy McVeigh (see November 1991 - Summer 1992, February - July 1994, September 12, 1994 and After, September 13, 1994 and After, and September 13, 1994), plotting to blow up the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), goes out into the Arizona desert with his friend Michael Fortier and tests a small bomb made of similar materials he plans to use in the bomb to be used in the attack. The bomb is composed of fertilizer and jet fuel in a one-gallon Gatorade container. McVeigh wants to ensure that the blasting cap he uses will detonate the bomb. The test is successful. [PBS Frontline, 1/22/1996]
Timothy McVeigh (see November 1991 - Summer 1992, February - July 1994, September 12, 1994 and After, September 13, 1994 and After, and September 13, 1994), plotting to blow up the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), stores explosive materials stolen from a Kansas quarry (see October 3, 1994) in a Flagstaff, Arizona, storage facility for approximately three weeks, due to the failure of his friend Michael Fortier (see May-September 1993) to rent a unit for them in Kingman, Arizona, as McVeigh had requested. In late October, McVeigh rents a storage locker at the Northern Storage facility in Kingman. Fortier will later tell FBI investigators that McVeigh and his accomplice Terry Nichols show him explosives in the locker sometime in late October. [PBS Frontline, 1/22/1996; New York Times, 8/29/1997; Washington Post, 12/24/1997; Washington Post, 12/24/1997]
Wearing a biker disguise, future Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) purchases $2,775 worth of nitromethane, a racing fuel used in bomb construction, from an Ennis, Texas, drag-racing track, in three large drums. After purchasing the fuel, McVeigh and co-conspirator Terry Nichols travel to Kingman, Arizona, where McVeigh and his friend Michael Fortier (see February - July 1994) test the explosives mixture. [PBS Frontline, 1/22/1996; New York Times, 8/29/1997; Douglas O. Linder, 2001; Indianapolis Star, 2003] Reportedly, McVeigh buys the fuel with $3,000 obtained by Nichols from the sale of gold. It is unclear where Nichols obtained the gold. They had some trouble finding a venue for the purchase, even driving McVeigh to contact his hometown friend David Darlak (see 1987-1988), but McVeigh learned of a source on the Funny Car Racing Circuit by hanging around “pit” areas on local race tracks. The source is located in Manhattan, Kansas, but Nichols and McVeigh had to drive to Ennis to get the fuel. McVeigh goes to the track alone, letting Nichols out before driving to the track itself. Timothy Chambers, a VP Racing Fuels truck manager, sells McVeigh three drums of nitromethane for $925 each; McVeigh pays in cash. Chambers does not ask McVeigh his name, but does ask what he plans on doing with it. McVeigh responds that he and his friends like to race Harley-Davidson motorcycles around Oklahoma City, an explanation Chambers will later say he does not believe. Chambers will later identify McVeigh to federal investigators as the man who bought such a large amount of nitromethane for cash, saying he clearly remembers McVeigh’s “possum face.” McVeigh and Nichols take the drums of fuel to Kansas, storing them in one of the sheds they have rented in Herington. They also buy six black plastic barrels with full take-off lids, six white plastic barrels with smaller lids, and a blue plastic barrel. They obtain the white barrels free from the Hillsboro Milk Co-op, and pay $12 each for the black barrels. They obtain the blue barrel from a plastics manufacturing company in Council Grove. Afterwards, they drive to Kingman, Arizona, where McVeigh stays for four days with Fortier, and shows Fortier some of the materials. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 94-95] The New York Times will later state the date of the fuel-oil purchase as October 20. [New York Times, 8/29/1997] A chronology of events compiled by McVeigh’s lawyers will give the date as October 22. In September, McVeigh attempted to buy similar racing fuel from a Topeka, Kansas, race track (see September 1994). McVeigh and Nichols stay in a room at the Amish Inn in Pauls Valley, Oklahoma, before driving to Ennis to get the racing fuel. The room is rented with cash under the name of “Joe Kyle,” an alias used by Nichols (see October 17, 1994). “Kyle“‘s address is given as “Rt. 2, Box 28, Hillsboro, KS,” the same information given by Nichols using the alias “Terry Havens” in an earlier motel stay (see October 16, 1994). [PBS Frontline, 1/22/1996] McVeigh tries to persuade Fortier to take an active part in the bombing plot, but Fortier refuses, asking, “What about all the people?” Fortier is referring to the people who will die or be injured in such a blast. McVeigh advises Fortier to think of the victims as “storm troopers in Star Wars” who, although individually innocent, “are guilty because they work for the evil empire.” Fortier makes it clear that he will not take an active role in the bombing. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 97; Douglas O. Linder, 2006]
Timothy McVeigh, a white supremacist engaged in plotting to blow up a federal building in Oklahoma City (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995), drives to the Murrah Federal Building with his friend, bookkeeper and part-time gun dealer Michael Fortier (see February - July 1994 and October 21 or 22, 1994); McVeigh tells Fortier that he intends to bomb the building (see September 13, 1994). [Mickolus and Simmons, 6/1997, pp. 810; Serrano, 1998, pp. 82-83; Douglas O. Linder, 2001]
Concealing Blasting Caps, Going to Pick Up Stolen Weapons - McVeigh comes to Fortier’s Kingman, Arizona, home from New Mexico, and meets the Fortiers at the local Mohave Inn. Lori Fortier wraps two boxes of blasting caps stolen by McVeigh (see October 4 - Late October, 1994) in Christmas wrapping paper. The plan is for McVeigh and Michael Fortier to drive to Oklahoma City in McVeigh’s car to scout the Murrah location, then drive to Council Grove, Kansas, to pick up weapons McVeigh says his friend and fellow conspirator Terry Nichols stole to help finance the bombing (see November 5, 1994)—adding that he wishes Nichols had killed the victim of the robbery, Roger Moore, when he stole the weapons. In Council Grove, they will rent a car. Fortier will take the weapons back to Arizona in the rental and sell them. McVeigh will drive north with the blasting caps. Fortier will later say he is more interested in the weapons than he is in any bombing plot, as McVeigh says he can have half of the profits from their sale. Both Fortier and his wife later say that Fortier has no intentions of joining McVeigh in carrying out any violence.
Discussions of Bombing Plans - During the drive to Oklahoma City, McVeigh and Fortier pass a large Ryder storage truck, and McVeigh tells Fortier he wants to use a truck similar to that for the bombing, but a size larger. Nichols has already decided against targeting a federal building in Kansas, and McVeigh and Nichols have determined that no federal building in Dallas would serve as a good target, so the Murrah Building in Oklahoma City is the best choice, McVeigh says, in part because he believes (erroneously) that the building “was where the orders for the attack on Waco came from” (see April 19, 1993 and April 19, 1993 and After). He also confides in Fortier that he believes his attack will mark the first shot in a general anti-government, white supremacist uprising similar to that depicted in his favorite novel, The Turner Diaries (see 1978). When they arrive at the Murrah Building, they drive around the building twice. Fortier observes that the elevator shaft in the building might stop it from collapsing entirely. They stop in the parking lot and look at the building from several angles; after about 20 minutes, a nervous Fortier tells McVeigh, “Let’s leave.” McVeigh says that he is considering remaining inside the truck after parking it outside the Murrah Building and setting the fuse. A shaken Fortier says that would amount to “suicide,” but McVeigh, Fortier recalls, replies that he may decide to “stay inside and shoot anyone who tried to stop him.” McVeigh shows Fortier an alley behind the YMCA building across the street in which he can hide a getaway car. He is also mulling over having their mutual friend Terry Nichols “follow and wait” for him, presumably to help him escape the scene of the blast. McVeigh shows Fortier the loading zone for the Murrah Building, a good place, he says, to park the bomb-laden truck. According to Fortier, McVeigh is also considering driving “the truck down the stairs and crash[ing] it through the front doors.” McVeigh complains about Nichols, whom he calls “the old man,” apparently showing signs of backing out of the plot. Nichols’s waffling is part of the reason McVeigh is interested in soliciting Fortier’s involvement.
Viewing the 'Stash' - After leaving Oklahoma City, McVeigh and Fortier drive to the storage shed in Council Grove, Kansas (McVeigh using back roads to avoid the major highways where, he says, the government has set up spy cameras, and staying overnight at a Junction City, Kansas, motel), where McVeigh and Nichols are storing explosive materials for the bomb (see November 7, 1994). McVeigh shows Fortier the “stash,” as Fortier will later call it. They drive to Manhattan, Kansas, where McVeigh rents a gray Chevrolet Caprice; they drive back to Council Grove, eat at a Pizza Hut, and load the Caprice with about 30 guns, also being stored at the shed. Fortier then drives back to Kingman in the Caprice; McVeigh drives back to Michigan in his 1988 Chevrolet Spectrum Turbo, where he is staying with a friend (see December 18, 1994), taking three of the stolen guns, some stolen ammunition, and the Christmas-wrapped blasting caps with him. [PBS Frontline, 1/22/1996; New York Times, 5/13/1997; Serrano, 1998, pp. 83-85, 90-91, 97, 106] In 1998, author Richard A. Serrano will write that Fortier drove back to Kingman in a Ford Crown Victoria, not a Caprice, and that the two chose the Ford because of its generous trunk space, necessary for storing the guns. Serrano will write that Fortier rented the Crown Victoria at a Hertz rental firm in Manhattan. According to Serrano, Fortier drives west towards Kingman, not stopping for sleep until he pulls over at a rest stop on the Arizona-New Mexico border, while McVeigh drives his Chevrolet to Michigan. [Serrano, 1998, pp. 106-107]
Kevin Nicholas, a farmhand in Vassar, Michigan, receives a phone call from his friend Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995). McVeigh is en route to Nicholas’s home to stay with him. From a truck stop in Saginaw, Michigan, McVeigh calls Nicholas and asks him to drive out to a Speedway service station near I-75. He needs a ride to Nicholas’s house because he has had an accident with his car; on his way back from Kansas (see December 16, 1994 and After), he was rear-ended, and just managed to get his damaged car to the truck stop. When Nicholas arrives, he helps McVeigh load belongings into his car, including two Christmas packages. McVeigh tells Nicholas to leave the packages alone. According to later statements by Nicholas: “I was just grabbing stuff, and just throwing it in the back of my truck, and Tim said: ‘Don’t handle them. I’ll take care of them two Christmas-wrapped packages there,’ because I was just tossing his other stuff in, you know, was in a hurry, wanted to get home.” Nicholas asks McVeigh what is in the packages and, according to Nicholas, McVeigh replies, “I’ll tell you later.” The two manage to pry the bumper of McVeigh’s car far enough to allow McVeigh to follow Nicholas to his home. McVeigh stores the packages in a shed near Nicholas’s house, and later takes them to Chicago, on a trip to visit David Paulsen, a gun and military surplus dealer. After the Chicago trip, according to Nicholas, McVeigh will tell him that the packages contained blasting caps that he had gotten “dirt cheap” (see October 3, 1994), though author Richard A. Serrano will later write that McVeigh told Nicholas about the “caps” later that same evening. Multiple sources agree that McVeigh never tells Nicholas that he is planning on using the caps to detonate a bomb in Oklahoma City. [PBS Frontline, 1/22/1996; New York Times, 5/9/1997; Serrano, 1998, pp. 107-109] The blasting caps in the packages were wrapped by McVeigh’s friend Lori Fortier (see December 16, 1994 and After). McVeigh is thankful that the blasting caps did not explode when his car was hit. He later buys an old blue Pontiac station wagon from James Nichols, the brother of his co-conspirator Terry Nichols (see December 22 or 23, 1988 and January 1 - January 8, 1995). [Serrano, 1998, pp. 107-109]
Oklahoma City bombing conspirator Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) rents a room at the Belle Art Motel in Kingman, Arizona, for two weeks. He registers under his own name, and the car he lists is registered under his name. During this time, McVeigh moves the explosive materials stored in Kingman (see October 4 - Late October, 1994 and December 16, 1994 and After) to the storage shed in Council Grove, Kansas, and later to another storage facility in Herington, Kansas (see September 22, 1994), where fellow conspirator Terry Nichols is buying a house (see (February 20, 1995)). After leaving the motel, McVeigh stays in the desert for approximately a week, living in his station wagon. On February 9, Nichols pays for another three month’s worth of storage at the Council Grove facility, using the alias “Joe Kyle” (see November 7, 1994). [PBS Frontline, 1/22/1996; Douglas O. Linder, 2001] During his time at the Belle Art, McVeigh invites his friends Michael and Lori Fortier to come over, and pressures Michael Fortier to sell the stolen guns he has given him (see December 16, 1994 and After). The Fortiers will leave after 20 minutes or so, worried that their friend is extremely agitated and almost impossible to talk to. Later, McVeigh and Fortier attend some gun shows and sell some weapons; McVeigh tells Fortier that his co-conspirator Terry Nichols (see January 28-29, 1995) needs $2,000 of the gun sale proceeds, so Fortier gives McVeigh that money to send to Nichols (see February 17, 1995 and After). [Serrano, 1998, pp. 118, 122]
Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) checks out of the Kingman, Arizona, Hill Top Motel, where he has stayed for five days. He is quiet, according to co-owner Dennis Schroeder, and pays cash for his stay. Investigators will have trouble determining where McVeigh will go between February 17 and March 31, when he checks into another Kingman motel (see March 31 - April 12, 1995) [New York Times, 4/29/1995; New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001] , though further investigation will later show that McVeigh most likely moves in with his friend Michael Fortier (see February - July 1994), who lives in Kingman, after leaving the motel. (It is also possible that McVeigh lives in his car during this time, spending nights in the desert, and only bunking with the Fortiers a few times.) During this time, Fortier picks up McVeigh’s mail, accompanied by a man that some witnesses will say resembles the second bombing suspect, “John Doe No. 2” (see April 20, 1995). McVeigh and Fortier attend a gun show in Reno, Nevada (see January 31 - February 12, 1995), where Fortier sells nine guns for $2,500, presumably guns obtained during a robbery by McVeigh’s co-conspirator Terry Nichols (see November 5, 1994 and December 16, 1994 and After). McVeigh mails $1,000 from the gun sales to Nichols. In late February, Fortier and McVeigh will take part in another gun show in St. George, Utah, selling three more guns and enabling McVeigh to send Nichols another $1,000. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001]
Future Oklahoma City bomber Timothy McVeigh (see October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) makes a fake driver’s license using forms his friend Michael Fortier (see February 17, 1995 and After) ordered from an advertisement in Soldier of Fortune magazine. He uses a typewriter belonging to the Fortiers. McVeigh chooses the name “Robert Kling,” picking the last name in honor of the alien race of Klingons in Star Trek. He selects April 19, 1972 as his fake birthday, and lists as his birthplace Redfield, South Dakota. When he asks Lori Fortier if he can use her iron to laminate the fake license, she tells him she will do it herself so as to avoid the possibility of his ruining her iron. She will later recall: “It was white. It had a blue strip across the top, and Tim had put his picture on there. And it was the false name of Robert Kling.” The federal indictment against McVeigh will incorrectly state that McVeigh “obtained” the ID instead of making it for himself. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 122, 133] The issue date of the Kling license is false—April 19, 1993, the date of the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After). [New York Times, 6/3/1997] The New York Times will later point out that McVeigh may have also chosen the last name of “Kling” because he served with Kerry Kling during his stint in the Army (see March 24, 1988 - Late 1990). [New York Times, 4/23/1995]
Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) writes a letter to his sister Jennifer in Pendleton, New York, instructing her not to try to contact him after April 1, 1995. He sends her a box of memorabilia, including his high school yearbook and his military records, telling her, “They’re yours now.” He tells her that “something big is going to happen in the month of the bull,” referring to the astrological sign Taurus, which begins on April 20 (see Mid-December 1994). He tells her to burn the letter, which she does. He has sent her letters before, some written in code, and has advised her that if she wants to write him, she should disguise her penmanship so the authorities cannot identify her as their author. He tells her that she can trust his friends Michael and Lori Fortier (see February 17, 1995 and After), and says that sometime soon he may have to go underground and disappear. “In case of ‘alert,’ contact Mike Fortier,” he writes. “Let him know who you are and why you called.… If you must call him, Jenny, this is serious. No being lazy. Use a pay phone, and take a roll of quarters with you! They will, w/out a doubt, be watching you and tapping the phone—use a pay phone!… Note: Read back cover of Turner Diaries (see 1978) before you begin.” The back cover of that book, McVeigh’s favorite novel, reads in part: “What will you do when they come to take your guns? The patriots fight back with a campaign of sabotage and assassination.… Turner and his comrades suffer terribly, but their ingenuity and boldness in devising and executing new methods of guerrilla warfare lead to a victory of cataclysmic intensity and worldwide scope.” McVeigh’s letters continually warn her about being surveilled by government authorities, and not to trust anyone, even her friends. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 117-118, 123]
Law professor Douglas O. Linder will later use a book by two death-row inmates, Secrets Worth Dying For by David Hammer and Jeffrey Paul, to claim that a number of white supremacists from the Aryan Republican Army (ARA—see 1992 - 1995, October 12, 1993 - January 1994, and November 1994) and Elohim City (see November 1994 and April 5, 1995) may help Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) construct his bomb at this time. Hammer and Paul will write their book after spending time in the Florence, Colorado, “Supermax” prison with McVeigh (see June 2, 1997). Linder himself will say that the claims lend themselves to dispute, as the trial record does no more than “hint at th[e] possibility” of someone besides McVeigh and his co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, October 12, 1993 - January 1994, and February - July 1994) being involved in the bomb construction, and “[a]ny book written by convicted death row inmates raises credibility concerns.” However, Linder says other evidence gives the Hammer and Paul claims at least some credibility.
McVeigh Receives Help in Building Bomb? - According to the authors and Linder, ARA members, possibly including a bomb expert McVeigh will later call “Poindexter” (see March 1995), join McVeigh in early April to work on the bomb. The men probably camp at Geary Lake, where on April 14 McVeigh meets with Nichols to receive some cash (see April 13, 1995). This same evening, a Junction City pizza delivery man brings a pizza to Room 25 of the Dreamland Motel, where he gives it to a man identifying himself as “Bob Kling,” an alias used by McVeigh (see Mid-March, 1995) to rent the Ryder truck used to deliver the bomb (see April 15, 1995). The delivery man later tells an FBI interviewer that “Kling” is not McVeigh. Linder, via Hammer and Paul, will say that the man who takes the pizza “was, most likely, ARA member Scott Stedeford.” Linder, drawing on Hammer and Paul’s material as well as his own research, believes that McVeigh, Nichols, and, “probably,” the never-identified “John Doe No.2” (see April 15, 1995 and and April 20, 1995) drive to Oklahoma City (see April 16-17, 1995), with McVeigh and “Doe” in McVeigh’s Mercury Marquis (see April 13, 1995) and Nichols in his pickup truck. McVeigh parks the Marquis in a parking lot near the Murrah Building, and all three ride back to the Dreamland Motel in Nichols’s truck. McVeigh leaves Elliott’s Body Shop in Junction City with a Ryder truck on April 17 (see 3:00 - 5:00 p.m. April 17, 1995), after renting it under the name “Robert Kling” and telling the employees he plans on using it for a four-day trip to Omaha.
Conflicting Stories - At this point, Linder will write, the accounts of what happens become quite divergent. McVeigh leaves for his storage locker in Herington, Kansas, either alone or in the company of Elohim City resident Michael Brescia (see April 8, 1995). At the Herington storage facility, McVeigh, perhaps in the company of Brescia, meets either Nichols or “Poindexter.” (In their book, Hammer and Paul will quote McVeigh as saying Nichols is “a no-show” at the locker, and complaining, “He and Mike [Fortier] were men who liked to talk tough, but in the end their b_tches and kids ruled.”) McVeigh and his partners load bags of fuses and drums of nitromethane into the Ryder truck. In his authorized biography American Terrorist by Lou Michel and Dan Herbeck, McVeigh will claim that he and Nichols also load bags of fertilizer into the truck, and he and Nichols finish constructing the bomb at Geary Park on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). McVeigh, according to Michel and Herbeck, drives by himself towards Oklahoma City in the Ryder truck, parking for the night near Ponca City and sleeping in the cab. Hammer and Paul will tell a different story. They will claim that the fertilizer is loaded into a “decoy” truck and then two trucks, not one, drive to Oklahoma City. In their version of events, the bomb is finished on the night of April 18 in a warehouse in Oklahoma City by McVeigh, Poindexter, and ARA member Richard Guthrie. After the bomb is completed, according to Hammer and Paul, Guthrie or another ARA member kills Poindexter by cutting his throat; the explanation to McVeigh is, “Soldier, he was only hired help, not one of us.” (Linder will admit that Hammer and Paul’s version of events is “sensational” and may not be entirely reliable.) FBI interviews will later include a couple who own a diner in Herington recalling McVeigh, Nichols, and a third, unidentified man having breakfast in their restaurant on the morning of April 18 (see 8:00 a.m. April 18, 1995). Witnesses will recall seeing a Ryder truck and a pickup truck at Geary Lake later this morning. This afternoon, a hair salon owner sees McVeigh and an unidentified companion enter their business and attempt to get haircuts (see April 18, 1995). Owners of a steakhouse in Perry, Oklahoma, will tell FBI investigators that they see McVeigh and “a stocky companion” eat dinner in their restaurant around 7 p.m. this evening. Linder will conclude, “We might never know exactly who assisted McVeigh in the 24 hours leading up to the dreadful events of April 19, but the McVeigh-and-McVeigh-alone theory, and the McVeigh-and-just-Nichols theory, both seem to stretch credulity.” [Douglas O. Linder, 2006]
Entity Tags: Elliott’s Body Shop (Junction City, Kansas), Douglas O. Linder, Dan Herbeck, Aryan Republican Army, “Poindexter”, Terry Lynn Nichols, Scott Stedeford, Timothy James McVeigh, Michael Joseph Fortier, David Hammer, Federal Bureau of Investigation, Elohim City, Jeffrey Paul, Geary State Fishing Lake And Wildlife Area, Lou Michel, Michael William Brescia
Timeline Tags: US Domestic Terrorism
Michael and Lori Fortier, friends of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) who are helping him with his bombing plot (see February 17, 1995 and After and Mid-March, 1995), take part in a gun show in Tucson, Arizona. They sell almost all of the weapons McVeigh had obtained from a robbery in Arkansas (see November 5, 1994). McVeigh has told them they could split the profits with him (see December 16, 1994 and After). The Fortiers keep a .22 Hornet, a Ruger Mini 14, and a shotgun. [PBS Frontline, 1/22/1996]
Timothy McVeigh, preparing to blow up the Murrah Federal Building in Oklahoma City (see September 13, 1994, October 20, 1994, March 31 - April 12, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995), places a telephone call to white militia members in Elohim City, Oklahoma (see November 1994 and February 1995). [Douglas O. Linder, 2001] McVeigh has just finished a brief telephone conversation with someone at Elliott’s Body Shop in Junction City, Kansas, presumably in regards to renting a Ryder truck (see April 15, 1995). [Douglas O. Linder, 2006] According to later press reports, a law enforcement official will say that McVeigh receives no active response from the Elohim City inhabitants. Elohim City leader Robert Millar will later confirm that the compound did receive the call, in a common room where members often gather for coffee, though he does not know who spoke with McVeigh. Phone records indicate that the call comes from a number in Kingman, Arizona, where McVeigh often lives. That same Kingman telephone is recorded as having made another call to another number. Press reports will speculate that McVeigh may be calling to solicit assistance for the bombing, as his co-conspirator Terry Nichols has informed him he wants no further involvement in the plot (see March 31 - April 12, 1995) [New York Times, 8/6/1995; New York Times, 8/13/1995] , as has his friend and fellow conspirator Michael Fortier (see April 5, 1995). In 2005, The Oklahoman will report that McVeigh spoke for about two minutes with Joan Millar, Robert Millar’s daughter-in-law. Joan Millar will later testify that McVeigh asked if he could visit the compound in a few weeks. “He said that he had been at a gun show and he had met some of the young men from Elohim City and someone had given him a card with the phone number on it,” she will recall. “[H]e said, ‘I don’t remember his name, but he had a very broad foreign accent.’ I said, ‘Was it Andy?’ And he said, ‘That might have been his name.’” “Andy” is Andreas Strassmeir, Elohim City’s head of security (see 1973 and After). [The Oklahoman, 7/10/2005] Elohim City residents concocted a plot to blow up the Murrah Building years before (see 1983), though without McVeigh’s participation. It is not certain if McVeigh is familiar with the Elohim City bomb plot. McVeigh allegedly goes to a strip club in Oklahoma City three days later in the company of two Elohim City inhabitants (see April 8, 1995).
Michael Fortier, the friend of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) who has been helping McVeigh in the plotting (see February - July 1994, February 17, 1995 and After, Mid-March, 1995, and April 3-4, 1995), tells McVeigh that he will no longer help him (see (April 1) - April 18, 1995). With McVeigh’s co-conspirator Terry Nichols refusing to take an active role in the actual bombing (see March 1995 and March 31 - April 12, 1995), McVeigh wants Fortier to assist in the bombing itself. McVeigh asks Fortier if he will go to Oklahoma City with him to detonate the bomb. Fortier replies, “Never.” McVeigh then asks if Fortier will help him escape, saying, “If I can make it to Las Vegas somehow, give me a ride out into the desert.” Fortier replies, “I won’t do that either.” Fortier will later recall that McVeigh has become increasingly disgusted with him, calling him “domesticated,” and says that McVeigh calls him “names” and gives him “dirty looks.” Fortier will recall: “He said it [domesticated] like it was a curse word. As if that was something that was bad. He was urging me to leave my wife and travel with him on the road, sort of like being desperadoes or something.” Fortier tells McVeigh that he would never abandon his family. “I’m not going to help you do this.” McVeigh tells Fortier: “We can’t be friends any longer. I’m going to Colorado to find some real friends, some manly friends.” After their conversation, McVeigh calls his father and tells him he and Fortier have had a falling out, and that he can no longer contact McVeigh by dialing the Fortier’s telephone number. [PBS Frontline, 1/22/1996; Serrano, 1998, pp. 123-124]
Michael and Lori Fortier, close friends of suspected Oklahoma City bomber Timothy McVeigh who have some involvement in the bombing conspiracy (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After), see the news broadcasts of the bombing on television in their Kingman, Arizona, home (see 8:35 a.m. - 9:02 a.m. April 19, 1995). They have a house guest, Marion Day Laird. Laird will later recall that the Fortiers exhibit almost no reaction to the news of the bombing. “They acted the same,” she later says. “They didn’t act any differently that I would notice.” Fortier’s recollection of his reaction is quite different. “Right away, I thought Tim did it,” he will say. “I think I thought, ‘Oh my God, he did it.’” Fortier and his wife discuss calling the FBI the day of the bombing, or at least asking advice from Lori’s father, but after seeing President Clinton and Attorney General Janet Reno promise the death penalty for those responsible (see 4:00 p.m., April 19, 1995), they decide to tell no one. Later, when the FBI tracks them down and begins pressing them for information, Michael Fortier will lie about their involvement. “I felt Tim was like a buffer zone,” Fortier will say. “If people thought he was guilty, then that would bring suspicion down on myself. But if he was innocent, then surely I would have no knowledge.” In the days after the bombing, when FBI investigators first question the Fortiers, as Michael Fortier will recall, “I told them I didn’t think Tim was capable of it.” When asked about the possible involvement of suspected accomplice Terry Nichols, Fortier will say: “I just gave a negative answer that I didn’t know nothing about Terry. I just wanted to push him aside and not even have to think about him.” [Serrano, 1998, pp. 239-240] Investigators become more interested in the Fortiers after learning that a local reporter seeking to interview the couple is greeted with a shotgun and the words, “Stay away from here.” [Stickney, 1996, pp. 184]
Oklahoma City bombing conspirator Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), having turned himself into the local police in Herington, Kansas (see 2:00 p.m. and After, April 21, 1995), is interrogated for nine hours by federal authorities and consents to have his home and truck searched (see Evening, April 21, 1995 and After). [Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Nine-Hour Interrogation, No Recording Made - Starting around 3:15 p.m., FBI agents interrogate Nichols for over nine hours. Nichols agrees to speak without a lawyer present. The agents do not record the interview, instead making handwritten notes on it. Preliminary questions include verification of his Social Security number (which he says he never uses because he does not believe in having a federal government number; he also says he does not pay federal taxes (see March 16, 1994)) and his job (self-employed dealer of military surplus). They then ask him when he heard that he might have been involved in the bombing. Nichols says he only heard of his alleged involvement earlier in the day. He says he knew bombing suspect Timothy McVeigh during their stint in the Army (see March 24, 1988 - Late 1990). He says that he saw the sketches of the two bombing suspects (see April 20, 1995), but does not believe the sketch of “No. 1” looks like McVeigh. He explains that once he heard about his being a suspect, he decided to go directly to the local police instead of federal agents, because “I didn’t want another Waco” (see April 19, 1993 and April 19, 1993 and After). Apparently Nichols means he did not want to become involved in an armed standoff with police and FBI agents. He says he realized he was being followed when he pulled into the Surplus City parking lot, and came directly to the police station. Agents Stephen E. Smith and Scott Crabtree then begin asking him about his brother James, and he gives some information about his earlier life in Decker on his brother’s farm, and notes that McVeigh had lived with them for a time (see Summer 1992 and October 12, 1993 - January 1994). At this point, around 3:30 p.m., the agents inform him that he is not a suspect, but a witness. Nevertheless they ask him to read aloud a form titled “Interrogation; Advice of Rights,” that sets forth his rights to have a lawyer present or to remain silent. He refuses to sign the form. Smith will later testify, “He said the word ‘interrogation’ sounded like the Nazis.” The US Attorney for Kansas, Randall K. Rathbun, tells reporters, “He refused to sign the form, indicating that since it dealt with interrogation, he said that was a word that reminded him of Nazi Germany and he refused to sign the form dealing with his rights.” From Washington, lead FBI counsel Howard Shapiro advises the agents that they need to secure Nichols’s oral acknowledgment that he is waiving his rights to legal representation, and advise him again that he is free to go. Shapiro adds that if Nichols does leave, the agents should follow him and arrest him once a warrant for his detention as a material witness is available. Nichols waives his rights to a lawyer and agrees to continue speaking. Shapiro advises the agents not to tell Nichols about the warrant for his arrest being prepared, as it may discourage him from talking. [New York Times, 5/11/1995; New York Times, 7/2/1996; Denver Post, 12/24/1997; Serrano, 1998, pp. 203-205] He signs a Consent to Search form allowing agents to search his home and pickup truck, though his lawyers will later claim he believes his wife will be allowed to be present during the search. He says repeatedly that he hopes the agents searching his home can tell the difference between cleaning solvents and bomb components: “There is nothing in my house or truck that could be construed as bomb-making materials,” he says. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 205]
Denies Knowledge of Bombing - Nichols denies any foreknowledge of McVeigh’s bombing, saying merely that McVeigh had told him “something big” was in the offing (see April 15, 1995). He tells his questioners that the first he heard of the bombing was while watching a television demonstration at the Home Cable Television sales outlet in Herington. The agents ask him when he last had contact with McVeigh. According to Nichols, he sent McVeigh a letter in February 1995, asking McVeigh if the next time he was in Las Vegas, he could pick up an old television set from his ex-wife Lana Padilla; Nichols says he wanted the television set for when his son Joshua visited.
Tells of Long Easter Trip to Oklahoma City, Junction City for Television - On the afternoon of Easter Sunday, April 16, Nichols says, McVeigh called and asked him to come to Oklahoma City to pick up the television set (see April 16-17, 1995). “I’m pressed for time to get back east” to his family in New York, Nichols says McVeigh told him. “If you want your television, you’ll have to come to Oklahoma City.” Although Oklahoma City is some 250 miles away, Nichols agreed to make the trip. He also agreed to tell his wife that he was going to Omaha, not Oklahoma City, at McVeigh’s request. Nichols explains: “He [McVeigh] has a private nature. He has told me that no one is to know his business. Some of the things he wanted kept private were trivial matters. He just doesn’t want people to know what he is doing. That is just his nature.” Nichols tells the agents that before Easter, he had last heard from McVeigh in November 1994 or perhaps early 1995 (see February 20, 1995 and April 11, 1995). He then says: “In my eyes, I did not do anything wrong but I can see how lawyers can turn stuff around. I did not know anything. Lawyers can turn stuff around.” He denies ever seeing McVeigh at any motel in Junction City, Kansas (see September 22, 1994, January 19 - January 27, 1995, and (February 20, 1995)), says he has no knowledge of McVeigh renting a Ryder truck (see April 15, 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), and was never asked by McVeigh to buy any materials related to making bombs (see September 13, 1994, September 22, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, October 29-30, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, November 9, 1994, January 19 - January 27, 1995, January 31 - February 12, 1995, February 20, 1995, March 1995, March 17, 1995, April 5-10, 1995, April 15-16, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). He says he drove to Oklahoma City and picked up McVeigh near the Murrah Federal Building (see April 16-17, 1995). McVeigh loaded the television into the pickup, Nichols says, along with a green duffel bag. They then headed towards Junction City. Nichols says he met McVeigh in an alleyway and never saw McVeigh’s car, which he says McVeigh claimed was broken down. Asked what they talked about, Nichols responds, “McVeigh talked in code.” He only later understood what his friend meant when he said “something big” was going to happen; he claims that he thought McVeigh was talking about robbing a bank. The conversation then turned to the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After), and McVeigh said he was interested in a protest rally for April 19 in Washington, DC. Nichols says he does not know why McVeigh wanted to go to Junction City. Maybe McVeigh had another car there, Nichols speculates. He let McVeigh off in Junction City, ate by himself at a Denny’s restaurant, and made the short drive home.
Second Trip to Junction City - On Tuesday, April 18, Nichols says, McVeigh called him around 6 a.m. and asked to borrow his pickup. Nichols says he met McVeigh in Junction City, and spent the morning at a military surplus auction while McVeigh used the truck. When they met up again in the early afternoon, all McVeigh had, Nichols says, was his green duffel bag. Explaining why McVeigh had had the truck for hours and brought back no items, Nichols explains, “Tim lives and travels light.” He then tells of picking up items from a storage locker McVeigh has rented (see April 20, 1995), and says that was the last time he saw McVeigh. The agents would find some of McVeigh’s belongings in his garage: a sleeping bag, rucksack, and rifle. [New York Times, 5/11/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 205-208; The Oklahoman, 4/2009]
Morning's Events - Nichols says he spoke to his ex-wife Lana Padilla earlier that day, angering his wife Marife, who announced she wanted to go back to the Philippines. “I’ve got friends there,” he says she told him. “I don’t have friends here. You got friends like Tim.” Marife does not like McVeigh, Nichols says, complaining that he lives his life “on the edge” and drives too fast. As for his conversation with Padilla, Nichols says she asked him about $3,000 he had apparently given her for their son Joshua. Investigators will later speculate that the money came from a robbery Nichols perpetrated in order to fund the bombing (see November 5, 1994). He says he went to a local lumberyard, then came back home.
Turning Up the Heat on Nichols - Nichols and Marife watched a few minutes of television together, and that was when they saw news reports identifying McVeigh as a suspect in the bombing. “I thought and swore that I could not believe it was him because he was heading back to see his family!” he says. “And he was back there in Oklahoma City? When I heard his name on TV, that is when I figured out why my name was on the radio, because I was his friend.… I was feeling shock, because I heard my name. How am I involved? How am I connected to it? I must not have known him that well for him to do that.” Nichols says he and McVeigh had become somewhat estranged, in part because McVeigh did not like Nichols’s penchant for practical jokes. The agents lean in and begin demanding to know if McVeigh executed the bombing, and if Nichols had any role in it. It is apparent they do not believe Nichols’s stories. Nichols, talking fast, says: “I feel upset that I’m involved, in a sense, because of him, and knowing that I am not.… I feel I cannot trust anyone any more than Tim. I would be shocked if he implicated me. Tim takes responsibility for his actions, and he lives up to his arrangements.… I cannot see why he would do it.” The agents ease off for a bit, and ask Nichols about his recent fertilizer purchases. He admits buying two 50-pound bags of ammonium nitrate at a Manhattan, Kansas, elevator, for which he has the receipts. He intends to sell it in one-pound bags at gun shows, to be used as fertilizer. He has already sold a few bags at earlier gun shows, he says: “If I sell any more at these shows, they will question me.” He says he spread some of the leftover fertilizer on his lawn just recently. (Investigators will later determine that the fertilizer was probably left over from the bomb-making process (see 8:15 a.m. and After, April 18, 1995).) He did not mention the fertilizer earlier, he says, because ammonium nitrate can be used to make an explosive compound, and “[i]t would make me look guilty to a jury.” He says he is working to build a new career as a military surplus dealer and create a peaceful life for himself and his family (see April 6, 1995). While he has worked gun shows with McVeigh in the past, he says, he does not know any of the other vendors, and though they never associated with militia members, he did recently sell 30 MREs (military “meals ready to eat”) to members of the Michigan Militia. Sometimes he heard talk about the Davidian tragedy and federal law enforcement officials at the shows, but he rarely took part in the conversations. He admits to having some anti-government feelings, and has read some of the literature, but says others got “hyped” about it and talked about taking action. McVeigh “was much more hyped about Waco,” he says. McVeigh is very knowledgeable about explosives, and is “capable” of building a bomb such as the one detonated in Oklahoma City, he says, but the agents should not assume he actually carried out the bombing. Nichols denies having specific knowledge himself of how to build a fertilizer bomb similar to that used in Oklahoma City, though he says the information is readily available. McVeigh is particularly fascinated with guns, Nichols says, and is extremely knowledgeable about them. He notes some common acquaintances, including Michael Fortier (see December 16, 1994 and After, Mid-March, 1995, April 5, 1995, and April 19, 1995 and After). whom he merely identifies by his last name and does not disclose that the three of them served in the Army together. Nichols admits to having rented a number of storage facilities in Las Vegas (see November 5, 1994 - Early January 1995) and in Kansas, including one in Herington (see September 22, 1994) and another in Council Grove (see October 17, 1994 and November 7, 1994), but he just uses them for storing household items, he says, along with a few guns and ammunition. After more questioning, Nichols admits that he now suspects McVeigh might well be the bomber. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 208-214] One source says that the FBI first learns of Fortier from Nichols’s 12-year-old son Joshua, who phones the bureau from his Las Vegas home and speaks with agent Debbie Calhoun about Fortier. [Stickney, 1996, pp. 183]
Break and Resumption - Everyone, including Nichols, is tired. At 6:10 p.m., they take a break, and give Nichols a glass of water and two slices of pizza. They refuse to let him see his wife. Special Agent John F. Foley sits with Nichols, and they talk casually until about 7:00 p.m. Smith and Crabtree resume the questioning, and ask Nichols to verify that the house or garage is not “booby-trapped.” He says it is not, and gives them a map of his house that indicates where guns and ammunition are stored on his property. Nichols repeats much of what he said earlier, insisting that his story about McVeigh’s borrowing his pickup truck on April 18 is factual and that he fully intends to build a new life for himself with his family. While McVeigh had grown increasingly agitated about the federal government and had become more radicalized, Nichols says, he himself just wanted to settle down. At 11:15 p.m., they play him an audiotape of his ex-wife Lana and his son Joshua urging him to cooperate. The tape upsets Nichols. Just after midnight, they hand him copies of the letters he had left at his ex-wife’s house urging McVeigh to “Go for it!” (see November 5, 1994 - Early January 1995). Nichols says he wrote the letter to take the place of a will, worried that he might not return from the trip he took to the Philippines. During the last two hours of interrogation, a new pair of agents, Foley and Daniel L. Jablonski, begin pressuring Nichols, accusing him of lying. Nichols does not respond to the new tactics. He refuses to take a polygraph exam, and refuses to sign a form certifying that he has been advised of his Miranda rights. He ends by denying any involvement whatsoever in the bombing. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Serrano, 1998, pp. 208-214]
Wife Questioned for Six Hours - Marife Nichols is questioned for six hours (see 3:15 p.m. and After, April 21, 1995).
Warrants Signed - Oklahoma City’s chief federal judge, David L. Russell, is at the FBI’s command center, and after the decision is made in Washington to procure a material witness arrest warrant, Russell signs it. It is faxed to the police station in Herington at 4:46 p.m. FBI agents interrogating Nichols do not tell him that the material witness warrant is now available; lead agent Thomas A. Price will later say he did not want to interrupt the interrogation. Russell will say he is not aware that Nichols is being interviewed by the FBI, and, noting language on the warrant that says Nichols “has attempted to leave the jurisdiction of the United States,” will say that the language is “inconsistent” with Nichols’s voluntary presentation at the police station.
Public Defender Denied Access - Public defender David J. Phillips, the federal defender for Kansas, learns from television reports that Nichols is in custody and has asked for legal representation. Phillips repeatedly calls the Herington police station, but is told that no one is available to speak with him. At 9:10 p.m., he calls a federal prosecutor in Topeka and is told that Nichols is not being arrested, and that Nichols is not the “John Doe” the FBI is looking for. Price will testify that he is aware of Phillips’s attempts to contact the police, and has told Police Chief Dale Kuhn to write down Phillips’s number. “[I]f Nichols asked for counsel, we’d provide the number,” Price will testify. Phillips will represent Nichols beginning April 22. [New York Times, 7/2/1996]
Possible Militia Affiliation - The FBI says it has reason to believe Nichols is a member of the Michigan Militia (see October 12, 1993 - January 1994); spokesmen for the Michigan Militia say Nichols is not a member and their group has no connection to the bombing [New York Times, 4/22/1995] , though a relative says that both brothers are indeed members of the group. A neighbor of Nichols, Randy Izydorek, tells a reporter that Nichols is proud of his affiliation with groups such as the Michigan Militia. “He told me it’s nationwide and it’s growing,” Izydorek says. [New York Times, 4/23/1995] (Militia spokesmen have said the group ejected Nichols and his brother James for “hyperbolic language,” apparently referring to calls for violence.) [New York Times, 4/24/1995]
Nichols Arrested and Jailed, Admits to Using Aliases - Shortly after midnight, the agents formally serve the warrant on Nichols and arrest him. At 12:24 a.m., Nichols is incarcerated in Abilene, Kansas. The afternoon of April 22, he is transferred to a jail in Wichita, Kansas, in the custody of Smith and Crabtree, where he will make his initial court appearance. Nichols continues to talk; during the drive, he admits to using a number of aliases, including Ken Parker (see October 17, 1994, November 5, 1994 - Early January 1995, and November 7, 1994) and Jim Kyle (see October 17, 1994, October 21 or 22, 1994, November 5, 1994, January 19 - January 27, 1995, and January 31 - February 12, 1995). McVeigh, he says, often used aliases such as Shawn Rivers (see September 22, 1994 and October 1994) and Tim Tuttle (see October 12, 1993 - January 1994, November 22, 1993, December 1993, February - July 1994, and November 30, 1994). McVeigh liked to use aliases, he says, and Nichols went along with the practice. “But we parted ways last fall,” he says. “The way we both live did not jive.” His brother James always “got along well” with McVeigh, he says. [PBS Frontline, 1/22/1996; New York Times, 7/2/1996; Denver Post, 12/24/1997; Serrano, 1998, pp. 215]
Entity Tags: Terry Lynn Nichols, Debbie Calhoun, David L. Russell, Scott Crabtree, Thomas A. Price, Timothy James McVeigh, Dale Kuhn, Ronald G. Woods, David J. Phillips, Daniel L. Jablonski, Randy Izydorek, Stephen E. Smith, Nicole Nichols, Howard Shapiro, Randall K. Rathbun, Federal Bureau of Investigation, James Nichols, Joshua Nichols, John F. Foley, Michigan Militia, Lana Padilla, Michael Joseph Fortier, Marife Torres Nichols, Murrah Federal Building
Timeline Tags: US Domestic Terrorism
Michael and Lori Fortier, close friends of accused Oklahoma City bomber Timothy McVeigh who took part in the conspiracy to build and detonate the bomb (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After), are closely questioned by FBI agents. Federal agents have combed through their home town of Kingman, Arizona, compiling evidence and questioning friends and neighbors. The Fortiers have pretended to know nothing about the bomb plot (see April 19, 1995 and After) and continue to lie to investigators. Michael Fortier tells agents that his trip to Oklahoma City to “case” the target of the bombing, the Murrah Federal Building (see December 16, 1994 and After), happened in a far different way than the evidence suggests: Fortier says that he hitched a ride to Kansas to buy guns from McVeigh for resale. The agents do not believe his story. He tells agents that he never heard McVeigh discuss anything to do with bombmaking, and says he only discussed guns and government issues with McVeigh, “never, ever” discussing blowing up any buildings. On May 6, perhaps cracking under the stress of the interrogations and the intense, negative media coverage (reporters are camped out in front of his home and filing stories about him being an accomplice in the bombing), he asks agents to stop interrogating him. “I don’t want to cooperate,” he says. “I can’t be of any more help. I don’t know anything.” The agents accuse Fortier of being heavily involved in the bombing conspiracy, and of lying about his involvement. One agent calls Fortier a “baby killer,” the same imprecation leveled at McVeigh after his arraignment (see April 21, 1995). After the agents threaten to “raid” his home, Fortier agrees to cooperate. The agents give him enough time to get his wife, their two-year-old daughter Kayla, and their cats out of their trailer home. [Serrano, 1998, pp. 240-243]
The FBI says that evidence compiled on the Oklahoma City bombing shows that it was planned for months by accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) and a small number of co-conspirators. The statement by the FBI echoes statements made earlier by Attorney General Janet Reno (see April 22, 1995). Evidence shows that McVeigh was driven in part by his rage at the government’s handling of the Branch Davidian standoff two years earlier (see April 19, 1993). McVeigh has refused to cooperate with investigators, and reportedly has shown no remorse or emotion of any kind, even when confronted with photographs of dead and maimed children being taken from the devasted Murrah Federal Building. The attack was timed to coincide with the Branch Davidian conflagration of April 19, 1993, investigators say, and was executed after months of planning, preparation, and testing. Some investigators believe that McVeigh may lack the leadership skills to plan and execute such a plot, and theorize that the ringleader of the conspiracy may turn out to be someone else (see April 21, 1995 and After). Evidence collected from the Ryder truck, particularly shards of blue plastic from barrels containing the fertilizer and fuel oil that comprised most of the bomb’s elements, point to the involvement of Terry Nichols, a friend of McVeigh’s who is coming under increasing scrutiny as a possible co-conspirator (see 3:15 p.m. and After, April 21-22, 1995). Similar barrels were found in Nichols’s garage in his Herington, Kansas, home (see (February 20, 1995)), along with other evidence tying him to the bomb’s construction.
Investigating Possible Involvement of Sister - Investigators are in the process of searching the home of McVeigh’s younger sister Jennifer, who has returned from a vacation in Pensacola, Florida (see April 7, 1995 and April 21-23, 1995). They are also poring over Jennifer McVeigh’s 1995 Chevrolet pickup truck, registered in New York. Investigators say the two siblings are very close, share similar anti-government views (see March 9, 1995), and have had numerous conversations in recent months (see Mid-December 1994). Jennifer McVeigh is taken into federal custody as well, as a witness, not as a suspect, and is released on April 25, after an intensive interrogation session that leaves her frightened and angry. “They told me Tim was guilty,” she will later recall, “and that he was going to fry.” According to her recollections, the agents threaten to charge her as a co-conspirator unless she gives them evidence against her brother, but she refuses to cooperate. She does reveal some information about her brother’s involvement in gun dealing, his strong belief in the US Constitution as he and right-wing white separatist groups interpret it, and his obsession with the violently racist novel The Turner Diaries (see 1978). “He had people he knew around the country,” she tells agents, mentioning three: “Mike and Lori and Terry.” Terry is Terry Nichols. “Mike and Lori” are McVeigh’s close friends Michael and Lori Fortier (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, April 19, 1995 and After, and December 16, 1994 and After). She tells them about watching anti-government videotapes with her brother, in particular one called “Day 51” about the Waco siege. “It depicted the government raiding the compound, and it implied that the government gassed and burned the people inside intentionally and attacked the people,” she tells the agents. “He was very angry. I think he thought the government murdered the people there, basically gassed and burned them down.” The agents ask if by the government, he meant the FBI and the ATF (Bureau of Alcohol, Tobacco and Firearms, also abbreviated BATF). “He felt that someone should be held accountable,” she answers, and says her brother believed no one ever had been held responsible. She shows them the “ATF Read” letter he had written on her word processor (see November 1994) that concludes with the exhortation, “Die, you spineless cowardice [sic] b_stards!” She says that McVeigh had told her he had moved out of a “planning” stage into an “action” stage, though he never explained to her exactly what “action” he intended to take. Later, she will sign a statement detailing what her brother had told her. She will always insist that he never spoke to her about ammonium nitrate, anhydrous hydrazine, or any of the chemical components of the bomb, and had never spoken to her about the scene in The Turner Diaries that depicts the FBI building in Washington being obliterated by a truck bomb similar to the one used in Oklahoma City. The FBI seizes a number of her belongings, including samples of her antigovernment “patriot” literature. But, they determine, Jennifer McVeigh was never a part of her brother’s conspiracy.
Interviewing Alleged Co-Conspirator's Ex-Wife - Investigators are also interviewing Nichols’s ex-wife, Lana Padilla, who currently lives in Las Vegas. The press speculates that she is cooperating with the investigation and may have been taken to a undisclosed location for security reasons. Investigators are combing through a large body of writings McVeigh left behind, many of which detail his far-right, anti-government ideological beliefs. From what they have read so far, McVeigh believes that his Second Amendment rights are absolute, and he has the right to live without any restraints from the government. They have not found any documents detailing any operational plan for the bombing, nor have they found evidence that McVeigh directly threatened any government buildings or personnel. The FBI is offering a $2 million reward for information about McVeigh and the bombing. [New York Times, 4/24/1995; New York Times, 4/24/1995; Serrano, 1998, pp. 237-238]
Entity Tags: Michael Joseph Fortier, Janet Reno, Federal Bureau of Investigation, Branch Davidians, Jennifer McVeigh, Lori Fortier, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Terry Lynn Nichols, Lana Padilla
Timeline Tags: US Domestic Terrorism
Federal investigators begin searching the Kingman, Arizona, home of Michael Fortier, a known friend and associate of accused Oklahoma City bomber Timothy McVeigh (see March 24, 1988 - Late 1990, May-September 1993, February - July 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, April 19, 1995 and After, April 21, 1995, and April 24, 1995). Agents have been questioning Fortier and his wife Lori for days (see April 23 - May 6, 1995).
A dozen cars filled with about 20 agents drive onto Fortier’s property; Fortier’s trailer home sports an American flag and a yellow Revolutionary War-era banner showing a coiled snake and a “Don’t Tread on Me” slogan. The agents rope off the area with yellow tape. As the agents approach Fortier’s home, a neighbor and friend, James Rosencrans, emerges from his house and advances on the agents carrying a pistol and a rifle. Rosencrans gets into an argument with sheriff’s deputies, and is arrested for disorderly conduct. [New York Times, 5/1/1995] Rosencrans will not remain in custody. Soon after the altercation, he will tell a reporter that when he heard the news of the bombing, he thought of McVeigh and said at the time, “Our boy’s been busy.” [New York Times, 7/3/1995]
Michael Fortier, a suspected participant in the Oklahoma City bombing conspiracy (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After) whom the FBI believes has lied to investigators (see April 23 - May 6, 1995), unsuccessfully attempts to foil investigators by removing a cache of guns and drugs from his home. FBI personnel monitor the activities at the Fortier home, and place Fortier under court-authorized electronic surveillance of his telephone and inside his home. Soon after the wiretaps are placed, Fortier makes a number of belligerent statements to a friend, Lonnie Hubbard, in a phone call, saying if he is called to testify in any trial, he will pick his nose on camera and “flick it” at the lens. “Flick it and then kind of wipe it on the judge’s desk,” he says. He will also invite the lawyers to play a game of “pull my finger” during any such testimony, he says, between bouts of laughter. “I’m the key, I’m the key,” he tells Hubbard. “Cause you’re the key,” Hubbard replies. “The key man,” Fortier says. “That can unlock the whole mystery,” Hubbard says. “The head honcho.… I hold the key to it all.” To his brother John Fortier, he brags about the instant celebrity he will achieve, saying that he will concoct “some asinine story and get my friends to go in on it.… I found my career, ‘cause I can tell a fable.… I could tell stories all day.” To his friend Glynn Bringle, he says: “I want to wait till after the trial and do book and movie rights. I can just make up something juicy. Something that’s worth the Enquirer [a tabloid news publication], you know.” He speculates that he can sell photographs of McVeigh for $50,000, and make up to a million dollars by marketing his life story with McVeigh. “Make one cool mil,” he boasts. He tells some of his lies to a CNN reporter, in a segment that is broadcast nationwide (see May 8, 1995). Fortier’s parents, Paul and Irene Fortier, beg him to tell the truth to the federal investigators; Fortier later says the entire situation drove his father into “a nervous breakdown,” and admits lying to his father about his involvement. The FBI microphones record Fortier screaming at his mother, “Shut the f_ck up!” when she brings up the problems the family is suffering. [Serrano, 1998, pp. 240-243]
Michael Fortier, a suspected co-conspirator in the Oklahoma City bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, and April 19, 1995 and After), tells a CNN interviewer that neither he nor accused bomber Timothy McVeigh had any involvement in the bombing. Of McVeigh, Fortier says: “I do not believe Tim blew up any building in Oklahoma. There’s nothing for me to look back and say: ‘Yeah, that might have been. I should have seen it back then.’ There’s nothing like that.” He continues: “People cannot make a judgment on his guilt by what they read in the paper. But by what I see on TV, they have. They want his blood. In America, we believe people are innocent until proven guilty. Everyone must remember that. Whoever says, ‘Forget the judiciary system, let’s just hang him now,’ those people are not Americans. They may think they are, but they are not Americans.” Fortier refuses to speculate on the identity of the so-called “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995), instead continuing to defend McVeigh. “I just want to tell him to be strong. You are not alone. Right now, he might feel like there isn’t anyone on this earth who is any way supportive of him. But there is. Everyone should be supportive of him because he’s an innocent man.” Fortier is lying about his lack of knowledge of McVeigh’s involvement, and his own (see April 23 - May 6, 1995). [Washington Post, 8/9/1995; Serrano, 1998, pp. 243] In August 1995, Fortier will testify as to his involvement with McVeigh in the bombing plot, and will admit that McVeigh told him of his intentions to bomb the Murrah Federal Building in Oklahoma City (see August 8, 1995).
Federal prosecutors charge Terry Nichols, a suspected co-conspirator in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and May 9, 1995), with conspiring to carry out the bombing along with accused bomber Timothy McVeigh (see April 21, 1995). If convicted, Nichols could face the death penalty under federal anti-terrorism laws. Nichols is escorted under heavy guard into the Wichita, Kansas, federal courthouse; a woman in the crowd screams at him, “Baby killer!” Nichols is charged with being a direct participant in the “malicious damage and destruction” of a federal building, and charged with aiding and abetting the attack. Prosecutors have not yet revealed the evidence they have against him. The charges faced by McVeigh and Nichols are likely to be augmented or replaced entirely by a broader conspiracy indictment, federal officials say. Nichols’s public defender, Steven Gradert, refuses to speculate on whether the prosecutors are attempting to pressure Nichols into cooperating with their prosecution of McVeigh. “I don’t know,” Gradert says, and adds that he believes “the government is not quite sure what the theory of this case is.” Nichols is being transported to Oklahoma, where he will be incarcerated at the El Reno Federal Corrections Center, the same facility that currently houses McVeigh. Nichols’s ex-wife Lana Padilla and their son Joshua Nichols are in Oklahoma City to testify before a grand jury empaneled to hear evidence about the bombing. The FBI is also pressuring another friend of McVeigh’s and Nichols’s, Michael Fortier, to give more information (see April 23 - May 6, 1995, May 1, 1995 and May 8, 1995). Nichols has been held in the Sedgwick County, Oklahoma, jail since April 22 as a material witness to the bombing. He is accompanied by his two public defenders, Gradert and David Phillips. Gradert calls his client “scared… upset, and… nervous.” [New York Times, 5/10/1995]
An Army friend of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, After May 6, 1995, and May 16, 1995), Michael Fortier, tells federal authorities that he and McVeigh inspected the Murrah Federal Building in Oklahoma City as a potential bombing target in the days before the blast (see December 16, 1994 and After). Fortier knew McVeigh from their time together at Fort Riley, Kansas (see March 24, 1988 - Late 1990), and says he knew of McVeigh’s plans for the bombing while the two lived in Kingman, Arizona (see May-September 1993, February - July 1994, August 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, and February 17, 1995 and After). Fortier and his wife Lori decided to stop lying about their involvement with McVeigh and the bomb plot (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995) and tell the truth after receiving subpoenas for their testimony before a grand jury investigating the bombing; instead of testifying under oath, Fortier opens a discussion with prosecutors about a settlement, and gives his statements about McVeigh in an initial offer of the evidence he says he can provide. They also ask the authorities about retaining a lawyer. Michael Fortier admits that a statement he signed in Kingman, Arizona, is mostly false. Fortier and his wife testify for hours about their involvement with McVeigh and their complicity in the bomb plot. Fortier is negotiating with federal prosecutors for a plea deal, and for immunity for his wife, in return for his cooperation in their prosecution of McVeigh and co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995, April 24, 1995, and May 11, 1995). Fortier says he and McVeigh drove from Arizona to the Murrah Federal Building about a week before the bombing in an apparent effort to “case” the building. Fortier denies he had any direct role in the blast, but authorities have been very interested in him since the day of the bombing. Authorities have searched his trailer in Kingman and questioned him thoroughly, though officials say they have no basis to charge him with any direct involvement in the bombing. Fortier may still be charged as an accessory to the bombing, or on other related charges. It is doubtful, people involved in the case say, that the government would give Fortier full immunity from prosecution. Fortier is the first person to directly implicate McVeigh in the bombing; until now, investigators have only a large amount of circumstantial evidence tying McVeigh to the blast. Nichols has denied any direct knowledge of the bombing, and currently is not cooperating with investigators. Some investigators believe that Fortier may be the elusive “John Doe No. 2” (see April 20, 1995), who is considered either a co-conspirator or a material witness with knowledge of the plot, though Fortier does not clearly match the description of the suspect. [New York Times, 5/19/1995; Serrano, 1998, pp. 244-245]
Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995 and April 24, 1995) gives an interview to Newsweek, saying he intends to plead not guilty to all charges; the interview quickly makes headlines around the country. In a cover story entitled “The Suspect Speaks,” McVeigh tells interviewer Colonel David Hackworth (see June 26, 1995) that the first he knew of the bombing was when a state trooper pulled him over driving north from Oklahoma City some 90 minutes after the blast (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh says he was “horrified” by the deaths of 19 children in the explosion, and adds: “And you know, that was the number one focal point of the media at the time, too, obviously—the deaths of the children. It’s a very tragic thing.” He refuses to directly confirm or deny any involvement in the bombing, saying, “The only way we can really answer that is that we are going to plead not guilty.” The interviewer tells him, “But you’ve got a chance right now to say, ‘Hell no!’” McVeigh replies, “We can’t do that.” McVeigh goes into some detail about his “average childhood” (see 1987-1988); his lawyer Stephen Jones (see May 8, 1995), present for the interview, tells the interviewer that McVeigh is “the boy next door, a boy wonder.” Newsweek records McVeigh’s appearance as “a little nervous, maybe, but good humored and self-aware. Normal.” The interview is held in a conference room at the El Reno Federal Corrections Center about 25 miles west of Oklahoma City. Jones has released pictures and an audio-less videotape of McVeigh laughing and smiling while talking to his lawyers, in an apparent attempt to soften his image. Of the video, Jones says, “We want to present our client to the public as we believe he really is.” The country is most familiar with the image of McVeigh being led away from an Oklahoma County Jail in handcuffs (see April 21, 1995). Jones also emphasizes McVeigh’s solid military record (see March 24, 1988 - Late 1990 and January - March 1991 and After). Jones placed heavy restrictions on the interview with McVeigh, and thusly little new material is given. McVeigh will not discuss any evidence that prosecutors say shows his guilt, and Jones refuses to allow McVeigh to answer questions about whether he committed the bombing. Though in May the press reported that sources had said McVeigh confessed to the bombing in prison (see May 16, 1995), Jones says: “I’m not aware of anything he said in the interview that is inconsistent with what has been reported up to this point by the New York Times and every other newspaper in the country. If you’re trying to suggest that there may have been anything inconsistent, may I respectfully suggest that you may have not read the interview carefully.” Jones later disputes one quote attributed to him of McVeigh, where Jones supposedly told the interviewer, “He’s innocent.” Jones says, “I frankly don’t remember saying that he’s innocent and I do not think that is something I would have said.” McVeigh also denies any affiliation with militia groups or attending meetings of such groups (see 1992 - 1995, January 23, 1993 - Early 1994, October 12, 1993 - January 1994, April 1994, September 12, 1994 and After, November 1994, January 1995, and April 5, 1995), and denies reports that he had called himself a “prisoner of war” and refused to state anything but his name, rank, and serial number (see April 21, 1995). He acknowledges setting off small explosions on a farm in Michigan with his accused co-conspirator Terry Nichols (see October 12, 1993 - January 1994), but says they were little more than plastic Pepsi bottles “that burst because of air pressure,” adding, “It was like popping a paper bag.” He refuses to go into details about his political views, saying merely that he was “bothered” by the 1993 Branch Davidian debacle (see March 1993, April 19, 1993, and April 19, 1993 and After), and acknowledges visiting the site after the final raid by FBI agents. He admits to having “been through Oklahoma City,” but when asked if he and his friend Michael Fortier (see May 19, 1995) had “cased” the Murrah Federal building in the days before the attack, replies, “I think I’d rather not answer that.” He says that the government has “[m]ost definitely” made “mistakes,” but does not characterize himself as an anti-government person. [New York Times, 6/26/1995; Serrano, 1998, pp. 225]
James Rosencrans, a former neighbor of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), tells reporters that McVeigh’s friend, Michael Fortier (see May 19, 1995), attempted to make him an unwitting accomplice in a robbery that investigators believe was carried out to help finance the bombing (see November 5, 1994). Rosencrans, who has had at least one incident with law enforcement authorities as a result of the investigation into the bombing (see May 1, 1995), has turned over a rare rifle from the robbery to investigators, who believe accused co-conspirator Terry Nichols gave him the rifle (see Before July 3, 1995). Rosencrans has testified before the federal grand jury hearing evidence against McVeigh and Nichols. Fortier is also cooperating with authorities in return for reduced charges. The rare rifle, a customized Winchester .22-caliber, was given to Rosencrans along with two other firearms by Fortier, who once shared a trailer home with McVeigh next door to Rosencrans in Kingman, Arizona. “I believe he was trying to stick me with the rifle,” Rosencrans says. “I feel like I’m being played. I thought he was my friend.” Rosencrans says he knows “at least six people” in Kingman who had also gotten guns from Fortier. Rosencrans calls them “normal, everyday citizens,” who are “afraid of getting sucked in.” Rosencrans tells reporters that about a month before the bombing, McVeigh called Fortier to ask if Rosencrans could drive McVeigh for “maybe five or 10 hours” to an unspecified place and drop him off. Then, Rosencrans was to go to the nearest airport and “leave the car there.” Rosencrans recalls: “I said: ‘Leave the car there? What the hell for? Why don’t I just keep it?’” Rosencrans says he refused to drive McVeigh. [New York Times, 7/6/1995] Rosencrans tells reporters he fears he is the target of “a witch hunt” by federal agents whom, he says, are eager to implicate him in the bombing conspiracy. Of his grand jury testimony, he says the investigators “grilled me for four hours and then gave me four minutes on the stand. I went down there to help these guys. They treated me like a criminal, and then they ignored me when I got there.” The agents, he says, “are up to something.” He says he has refused to name anyone else who might have obtained guns from McVeigh or Fortier, and would continue to do so. “The Feds seem to think that there are 30 or 40 people involved in this thing, but they could just be somebody who happened to know somebody,” he says. “It’s a sad day in America when everything’s guilt by association.” [New York Times, 7/7/1995]
Michael Fortier, a friend of Oklahoma City bomber Timothy McVeigh who participated to an extent in the planning of the bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, April 19, 1995 and After, After May 6, 1995, and May 19, 1995), testifies to a grand jury about his involvement in the bombing plot. Fortier’s wife Lori also testifies; her attorney, Mack Martin, says: “Her testimony had nothing to do with Mr. Fortier. Her testimony had to do with other people involved in the bombing.” She has been given given a grant of immunity in return for her testimony. Michael Fortier tells the jury of his visit to the Murrah Federal Building with McVeigh to reconnoiter the building, and admits that McVeigh told him he intended to bomb the building (see December 16, 1994 and After). He has pled guilty to illegal firearms trafficking, knowledge of the bombing, and lying to federal agents (see April 19, 1995 and After and April 23 - May 6, 1995). [New York Times, 8/7/1995; Washington Post, 8/9/1995; Washington Post, 8/11/1995; Mickolus and Simmons, 6/1997, pp. 811; Serrano, 1998, pp. 245; Douglas O. Linder, 2001; Fox News, 4/13/2005] McVeigh’s lawyer Stephen Jones says Michael Fortier is anything but a credible witness, and notes that Fortier has previously said in a television interview that he did not think McVeigh had any involvement in the bombing (see May 8, 1995). [Washington Post, 8/9/1995] Instead, Jones says in a court filing that the grand jury should begin looking for evidence of a “broad domestic or foreign conspiracy to bomb the Oklahoma City Federal building” by demanding intelligence reports on Iran and other avenues of investigation (see 10:00 a.m. April 19, 1995 and After). [New York Times, 8/9/1995] Fortier’s lawyer, Michael McGuire, will say his client came forward out of guilt and remorse. “There is no expression of grief or words sufficient to describe his anguish over the responsibility he feels for knowing about the plans to bomb the Murrah building,” McGuire will say. “The defining thing that made him want to cooperate was his conscience.” Jones says, “I think any time the government has to give two [potential] co-defendants a pretty good deal, there are weaknesses in the case.” Fortier faces a maximum of 23 years in prison and fines totaling $1 million. [Washington Post, 8/11/1995] Through his lawyers, Fortier cut a deal to testify if he was assured he would not be charged as a co-conspirator in the plot, though prosecutors refused to grant him full immunity. Some observers have speculated that Fortier may have agreed to cooperate if prosecutors granted his wife immunity [New York Times, 6/21/1995; New York Times, 8/7/1995] , a deal later confirmed by reporters. [New York Times, 8/8/1995] Lori Fortier tells grand jurors about witnessing McVeigh conduct a demonstration using soup cans on her kitchen floor that illustrated the effects of a massive bombing (see (February 1994)). McVeigh, she says, arranged soup cans to simulate the pattern he could make with barrels of explosives. McVeigh placed the soup cans in a triangle, she says, to direct the force of an explosion at a desired target, with two of the three points of the triangle flush against the side of the truck to maximize the damage. Michael Fortier did not witness the demonstration, she testifies. She also says that McVeigh once drew a diagram that showed how to blow up a building. [New York Times, 9/4/1995; Serrano, 1998, pp. 91] Both the Fortiers will repeat their testimony in McVeigh’s trial (see May 12-13, 1997).
A federal grand jury indicts Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on 11 counts of murder and conspiracy. Neither McVeigh nor Nichols are present during the hearing. The grand jury is only empowered to bring federal charges; the eight murder charges are in regards to the eight federal agents slain in the bombing: Secret Service agents Mickey Maroney, Donald Leonard, Alan Whicher, and Cynthia Campbell-Brown; DEA agent Kenneth McCullough; Customs Service agents Paul Ice and Claude Madearis; and Paul Broxterman, an agent in the Office of the Inspector General at the Department of Housing and Urban Development. Both Nichols and McVeigh are expected to face 160 counts of murder brought by the state of Oklahoma; both will plead not guilty to all counts of the indictment (see August 15, 1995). The indictment levels the following charges:
on September 30, 1994, McVeigh and Nichols purchased 40 50-pound bags of ammonium nitrate (2,000 pounds in total, or one ton) in McPherson, Kansas, under the alias “Mike Havens” (see September 30, 1994);
on October 1, 1994, McVeigh and Nichols stole explosives from a storage locker in Marion, Kansas (the actual date of the theft is October 3—see October 3, 1994);
on October 3-4, 1994, McVeigh and Nichols transported the stolen explosives to Kingman, Arizona, and stored them in a rented storage unit (see October 4 - Late October, 1994);
on October 18, 1994, McVeigh and Nichols bought another ton of ammonium nitrate in McPherson, Kansas, again using the “Mike Havens” alias (see October 18, 1994);
in October 1994, McVeigh and Nichols planned the robbery of a firearms dealer in Arkansas as a means to finance the bombing, and on November 5 they “caused” firearms, ammunition, coins, cash, precious metals, and other items to be stolen from gun dealer Roger Moore (see November 5, 1994);
on December 16, 1994, McVeigh drove with Michael Fortier to Oklahoma City and identified the Murrah Federal Building as the target of the upcoming bombing (see December 16, 1994 and After);
in March 1995 McVeigh obtained a driver’s license in the name of “Robert Kling,” bearing a date of birth of April 19, 1972 (see Mid-March, 1995);
on April 14, 1995, McVeigh bought a 1977 Mercury Marquis in Junction City, Kansas, called Nichols in Herington, Kansas, used the “Kling” alias to set up the rental of a Ryder truck capable of transporting 5,000 pounds of cargo, and rented a room in Junction City (see April 13, 1995);
on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
on April 18, 1995, at Geary Lake State Park in Kansas, McVeigh and Nichols constructed the truck bomb using barrels filled with ammonium nitrate, fuel, and other explosives, and placed the cargo in the compartment of the Ryder truck (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995);
on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
on April 19, 1995, McVeigh “caused the truck bomb to explode” (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
The indictment accuses McVeigh and Nichols of plotting the bombing “with others unknown to the Grand Jury.” It does not mention the person identified earlier as “John Doe No. 2” (see June 14, 1995). The grand jury says it is confident others, as yet unidentified, also participated in the plot. Lead prosecutor Joseph Hartzler says: “The indictment mentions unknown co-conspirators. We will try to determine if there are others who aided and abetted this crime.” After the indictments are handed down, Attorney General Janet Reno says: “We will pursue every lead based on the evidence.… [M]ost of these leads have been pursued and exhausted.… [W]e have charged everyone involved that we have evidence of at this point.” Prosecutors say that while others may well have been involved, the plot was closely held between McVeigh and Nichols. US Attorney Patrick Ryan has already announced he will seek the death penalty against both McVeigh and Nichols (see July 11-13, 1995), a decision supported by Reno (see 4:00 p.m., April 19, 1995). A third conspirator, Michael Fortier, has pled guilty to lesser crimes regarding his involvement; Fortier has testified against McVeigh and Nichols in return for the lesser charges (see May 19, 1995 and August 8, 1995), and defense lawyers are expected to assail Fortier’s credibility during the trials (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995). Nichols’s lawyer Michael Tigar says, “Terry Nichols is not guilty of the allegations of which he is charged,” calls the case against his client “flimsy” and “irresponsible,” and accuses prosecutors of attempting to try his client “in the national media.” Periodically, Tigar holds up hand-lettered signs reading, among other messages, “Terry Nichols Wasn’t There” and “A Fair Trial in a Fair Forum.” Prosecutors have dropped all charges against Nichols’s brother James Nichols, who was indicted on three related explosive charges (see December 22 or 23, 1988, April 25, 1995, and May 11, 1995). US Attorney Saul A. Green says that “additional investigation failed to corroborate some of the important evidence on which the government initially relied.” [Washington Post, 8/11/1995; New York Times, 8/11/1995; Stickney, 1996, pp. 189-191; Mickolus and Simmons, 6/1997, pp. 811; Washington Post, 12/24/1997; Serrano, 1998, pp. 245; Douglas O. Linder, 2001] McVeigh’s lawyer, Stephen Jones, tells reporters after the hearing that he has been in contact with a man who, he says, told the government early in the fall of 1994 of plans to blow up federal buildings. This man, Jones says, was given a “letter of immunity” by the authorities in exchange for information involving a trip he had taken to Kingman, Arizona, Fortier’s hometown, and for information about his discussions with potential bombers whom, Jones says, the man had described as either “Latin American or Arab.” Jones refuses to identify the person to whom he is referring. [New York Times, 8/11/1995]
Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Geary State Fishing Lake And Wildlife Area, Cynthia Campbell-Brown, Alan Whicher, Stephen Jones, Donald Leonard, Claude Madearis, Roger E. (“Bob”) Moore, Saul A. Green, Paul Broxterman, Paul Douglas Ice, Janet Reno, James Nichols, Kenneth McCullough, Joseph H. Hartzler, Michael Joseph Fortier, Patrick M. Ryan, Mickey Maroney, Michael E. Tigar
Timeline Tags: US Domestic Terrorism
Prosecutors in the Oklahoma City bombing investigation (see 8:35 a.m. - 9:02 a.m. April 19, 1995) consider using an obscure charge, “misprison of felony,” to force others who may have knowledge of the bombing plot to come forward. Investigators are sure that only two men, Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), are primarily responsible for the bombing. However, they suspect that a number of friends and associates of the two men may have known something of the bombing plot before it was carried out. If someone did know of the plot, and failed to warn authorities beforehand, the charge may apply. One person close to McVeigh, state witness Michael Fortier (see August 8, 1995), faces the charge. The charge brings a three-year prison sentence and a $500 fine upon conviction. One person of interest is the alleged associate of McVeigh and Nichols who they believe actually carried out a November 1994 robbery in Arkansas (see November 5, 1994); the proceeds from that robbery were used to fund the bombing. Press reports say that while the FBI believes it knows who the robber is, the bureau lacks the evidence to bring charges. The question of the unidentified severed leg found in the rubble of the destroyed Murrah Federal Building (see August 7, 1995) also indicates that others may have been involved in the bombing. And investigators say they want to know more about a small trailer hitched to the Ryder truck McVeigh used to transport the bomb to Oklahoma City (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Former federal prosecutor Robert G. McCampbell says charging friends or acquaintances of suspects with misprision of felony would be highly unusual: “It is exceedingly rare that a charge of misprision of felony would be brought, but not unheard of,” he says. “But in a case of overwhelming importance, maybe you prosecute it.” Legal experts also believe that investigators may use the threat of the charge to compel cooperation. New York defense lawyer Michael Kennedy, who has represented Mafia members, says: “When the government casts this net, they’re saying, ‘We want to get everybody who knew about this.’ Their hope, in this regard, is that people will read about this, say to themselves, ‘I knew about it, and if I don’t come forward, it will be too late for me to improve my position.’ They hope that some others will come forward.… They say, ‘Tell us what you know, or we’re going to nail you.’ They attempt, by dint of their force, to make the guy come forward to tell what he knew.” Former New York Police Commissioner Raymond W. Kelly, who oversaw the 1993 World Trade Center bombing investigation (see February 26, 1993), says, “It’s a standard investigative technique.” The threat of such charges “gets a very strong message out” to “prevent further acts like that.” [New York Times, 8/29/1995]
A New York Times analysis of indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) uses an interview with FBI profiler Jack Douglas to paint a picture of McVeigh as a burgeoning serial killer. Douglas, the model for the FBI analyst in the movie The Silence of the Lambs, describes McVeigh as an underachieving loner whose stunted social development, obsessive neatness, inability to deal with his abandonment by his mother, sexual frustration, obsession with guns, and overarching alienation led him to conceive and execute a plot that killed scores of innocent people. “There are the same kind of characteristics” in McVeigh’s makeup as serial killers possess, Douglas says. “Asocial, asexual, a loner, withdrawn, from a family with problems, strong feelings of inadequacy from early in life, an underachiever.” McVeigh did well in the highly structured environment of the US Army (see March 24, 1988 - Late 1990 and January - March 1991 and After), Douglas notes, but was unable to function successfully outside of that environment (see November 1991 - Summer 1992). His lifelong obsession with guns (see 1987-1988) blended with his increasing fascination with far-right militia, white supremacist, and separatist ideologies that led him to believe the government was actively plotting to disarm and repress its citizenry. McVeigh, always fascinated with computers, used the burgeoning network of computerized bulletin boards, email clients, videotape exchanges, shortwave radio broadcasts, and other information resources to fuel his beliefs, all codified in what Times reporter John Kifner calls “a venomous novel called The Turner Diaries” (see 1978) that depicts rebel white supremacists overthrowing the federal government and committing genocide against minority citizens.
Apocalyptic World View Triggered by Events - McVeigh’s increasingly apocalyptic world view, Douglas says, led him to carry out the bomb plot, perhaps in an effort to bring about the same supremacist rebellion that The Turner Diaries depicts. The federal raids on Randy Weaver’s cabin in Ruby Ridge, Idaho (see August 31, 1992), and the Branch Davidian compound in Texas (see April 19, 1993), the passage of the Brady gun control bill (see November 30, 1993), and the birth of the paramilitary militia movement (see August 1994 - March 1995) all spurred McVeigh forward. Kifner writes: “The paramilitary movement vowed to resist the government and publish manuals on forming underground guerrilla squads. Mr. McVeigh was just a little ahead of the curve.” The final straw for McVeigh, Kifner and Douglas theorize, was the passage of the August 1994 crime bill that outlawed 19 types of semiautomatic assault weapons (see September 13, 1994). Shortly thereafter, McVeigh wrote an angry letter to his friend Michael Fortier alerting him that he intended to take some sort of “positive action” against the government (see September 13, 1994).
Shared Inadequacies - Douglas calls McVeigh’s “obsession with weapons” an “overcompensation for deep-rooted feelings of inadequacy.… They compensate for a while by talking the talk, but after a while they have to go out and do something about it. Typically the time for violence is in the mid-20s. They look in the mirror and see they’re going nowhere fast. This is an easily controlled and manipulated personality. They are looking for something to hang their hat on, some ideology. They have difficulty fitting into groups, but they are more mission-oriented, more focused.” Seattle forensic psychiatrist Kenneth Muscatel has called this type of personality disorder “Smerdyakov syndrome,” after the scorned half-brother in Dostoyevsky’s novel The Brothers Karamazov, who listens to the other brothers inveigh against their father until, finally, he murders the father. Douglas notes the devoted friendship between McVeigh and indicted co-conspirator Terry Nichols, another underachieving loner who did well in the Army. “These two are birds of a feather,” Douglas says. “Each feeds off the other’s inadequacies.” Of McVeigh, Douglas says: “These people are comfortable in a structured environment, they do very well. But outside of a structured environment, without that rigidity, he just can’t survive. On the other hand, he’s probably doing fine now in jail. I bet they would say he’s a model prisoner.”
'Red Dawn' and the Militia Movement - McVeigh’s favorite movie is, by all accounts, a 1984 film called Red Dawn that depicts a group of Texas high school football players banding together to defeat an invasion of Soviet paratroopers. The “Wolverines,” as the footballers term themselves, transform themselves into a polished, lethal guerrilla force. The film contains a number of tropes that resonate with McVeigh and other militia sympathizers: the use of gun-registration forms to enable the Soviet invasion, political leaders eager to betray the American citizenry they represent, and others. The film is a cult classic among militia members. Along with another extraordinarily popular series of movies, the Rambo films, Red Dawn expresses what sociologist James William Gibson has noted is a new perspective on military veterans and popular culture; whereas traditional war movies show raw recruits uniting to battle an evil enemy on behalf of a just national cause, post-Vietnam movies such as Red Dawn and the Rambo films popularize the archetype of an alienated loner or small band of outlaws, betrayed by their own government and fighting for their view of the American ideal as renegades. Another favorite film of McVeigh’s is a very different offering, the 1985 black comedy Brazil, which depicts an Orwellian future dominated by an all-powerful bureaucracy. Actor Robert DeNiro plays a commando-like “outlaw repairman”; his character’s name is “Tuttle,” one of the aliases used by McVeigh (see April 19, 1993 and After, October 12, 1993 - January 1994, December 1993, February - July 1994, and May 12, 1995). The last movie McVeigh rented before the Oklahoma City bombing was Blown Away, the tale of a mad bomber.
'The Turner Diaries', Gun Regulation, and the Militia Movement - Kifner notes that much has been made of McVeigh’s fascination with William Pierce’s novel The Turner Diaries. McVeigh was an avid reader, paging through mercenary and gun magazines, white supremacist and anti-Semitic newsletters and fliers, and an array of apocalyptic and war novels. One of the more unusual works found in McVeigh’s possessions is a document titled “Operation Vampire Killer 2000,” written by militia leader Jack McLamb and predicting a “globalist,” “New World Order” (see September 11, 1990) takeover of the US by “the year 2000.” The document names the plotters against American democracy as, among others, the Order of the Illuminati, international bankers, the United Nations, the “Rothschild Dynasty,” the Internal Revenue Service, CBS News, Communists, the Yale secret society Skull and Bones, “humanist wackos,” and, possibly, aliens from outer space in Unidentified Flying Objects. McLamb writes: “For the World Elite to truly enjoy their ‘utopian’ Socialist Society, the subject masses must not have the means to protect themselves against more ‘voluntary compliance.’ When one grasps this logical position, there is no longer any question about it: THE GUNS WILL HAVE TO GO.” But The Turner Diaries was, according to one person involved in the investigation, McVeigh’s “Bible” (see August 20, 1995). As with so much of McVeigh’s reading material, Turner posited the forcible confiscation of citizen-owned guns by the US government as the presage to tyranny. In a book on the paramilitary movement, Kenneth Stern wrote: “Those who would regulate guns were cast as tyrants who were coming for people’s guns first. The government had to disarm citizens in order to subjugate them. The United Nations could march in and take over America; loyal Americans could be sent to concentration camps.” Both McVeigh and the paramilitary movement were “developing in the same time line,” Stern tells Kifner. “I would date the first functioning militia as February of 1994 in Montana, and then spreading to Michigan and other places” (see October 12, 1993 - January 1994). McVeigh and Nichols were apparently influenced by the writings of former Ku Klux Klan leader Louis Beam, who advocated a “leaderless resistance” of tiny, independent cells that “state tyranny” would find more difficult to control (see February 1992). “No one need issue an order to anyone,” Beam wrotes. “These idealists truly committed to the cause of freedom will act when they feel the time is ripe, or will take their cues from others who proceed them.” In Pierce’s novel, a bombing almost exactly like the Oklahoma City blast is carried out by the novel’s hero Earl Turner; the novel’s bombing destroys the FBI headquarters in Washington and inspires a nationwide revolt by white supremacists against the “tyrannical” government. It is conceivable, Kifner concludes, that McVeigh’s bomb was intended to strike the same sort of blow, and perhaps evoke the same results. [New York Times, 12/31/1995]
Entity Tags: Kenneth Muscatel, James William Gibson, Jack McLamb, Federal Bureau of Investigation, John Kifner, Timothy James McVeigh, Randy Weaver, Louis R. Beam, Jr, Michael Joseph Fortier, Terry Lynn Nichols, New York Times, John E. (“Jack”) Douglas, Kenneth Stern
Timeline Tags: US Domestic Terrorism
According to reports by the Dallas Morning News, indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) has confessed to planning the bombing and detonating a bomb in front of the Murrah Federal Building. [Douglas O. Linder, 2001; Indianapolis Star, 2003] Reporter Pete Slover cites as his source “summaries of several 1995 interviews with a defense team member” [New York Times, 3/1/1997] , though he later admits in a court filing that he could not be sure the story was true before filing it. [Serrano, 1998, pp. 271] Researchers will later learn that McVeigh suspects his lead attorney Stephen Jones of leaking his purported confession to the press. The leak is later shown to be from a member of Jones’s staff, who gave a computer disk containing FBI reports to Slover, apparently unaware that the McVeigh “confession” was also on the disk. [Douglas O. Linder, 2006] However, this reported speculation is countered by an opinion advanced in 1998 by author Richard A. Serrano, who will write that the defense’s work to humanize McVeigh and “soften” his image (see June 26, 1995) “was blown apart” by the leaked information. [Serrano, 1998, pp. 271] The Morning News prints the article on its Web site seven hours before its next print edition can be published, and later cites a desire to match the immediacy of television and to ensure its exclusive isn’t “scooped” by a competitor. Editors worried before publication that McVeigh’s lawyers might leak the story in one fashion or another to another media outlet. [New York Times, 3/3/1997]
Details of Bombing Plot, Involvement by Co-Conspirator Nichols, Denials of Wider Conspiracy - According to documents obtained by the Morning News, McVeigh’s defense lawyers wrote that McVeigh told one of them that his bombing of the Murrah Federal Building during working hours would leave a “body count” that would make a statement to the federal government. McVeigh also named his friend, alleged co-conspirator Terry Nichols, as being intimately involved with the bomb plot (see August 10, 1995), but insisted he alone drove the Ryder truck containing the bomb that destroyed the Murrah Building. McVeigh also denied any involvement by Terry Nichols’s brother James Nichols (see December 22 or 23, 1988, May 11, 1995, and April 25, 1995). The Morning News describes the source of its reporting as summaries of several 1995 interviews with a member of the defense team’s staff, conducted between July and December 1995 at the El Reno Federal Corrections Center in Oklahoma, where McVeigh was held before his transfer to the Denver area in March 1996. The summaries, the Morning News says, validate much of the prosecution’s contention that McVeigh and Nichols committed robberies and burglary in the course of assembling money and materials for the bombing, even as it acknowledges that they could not be used by prosecutors in either man’s trial. One summary of a July 1995 interview has a staffer asking McVeigh if it would have been better to bomb the building at night when relatively few people would have been present. According to the staffer: “Mr. McVeigh looked directly into my eyes and told me: ‘That would not have gotten the point across to the government. We needed a body count to make our point.’” According to the documents, McVeigh and Nichols used significantly more ammonium nitrate than federal investigators have estimated—some 5,400 pounds as compared to federal estimates of 4,800 pounds—and about $3,000 worth of high-powered racing fuel to make a lethal explosive combination. “Mr. McVeigh states that 108 50-pound bags of ammonium nitrate fertilizer were mixed with the nitro fuel purchased by Terry Nichols,” one summary reads. The summaries also have McVeigh admitting to his involvement in a 1994 robbery carried out by Nichols and himself to fund the bombing plot (see November 5, 1994 and Before July 3, 1995). “Mr. McVeigh stated that he laid out the plan and that Terry Nichols alone broke into [gun dealer Roger] Moore’s house and stole the weapons,” one summary reads. The summary tallies closely with recent statements by McVeigh’s friend Michael Fortier, who pled guilty to helping transport the stolen weapons and is now helping the prosecution (see May 19, 1995 and August 8, 1995). Fortier has testified that he and McVeigh sold the weapons stolen from Moore in Arizona. McVeigh also detailed a burglary committed by himself and Nichols at a Kansas rock quarry (see October 3, 1994). He also gave information about a third burglary carried out by himself and Fortier of a National Guard armory (see February - July 1994), where they attempted to steal welding tools but only made off with hand tools. According to the summaries, McVeigh denied being part of a larger conspiracy, and said the bomb plot was conceived and executed by himself and Nichols. He called a witness who claimed knowledge of a Middle Eastern or Islamist connection (see February - July 1994) a “bullsh_t artist.” He also said that another conspiracy theory centered around right-wing activist Andreas Strassmeir is groundless (see January 23, 1993 - Early 1994 and April 20, 1995). [Dallas Morning News, 3/1/1997; Washington Post, 3/1/1997] Initially, McVeigh’s lead defense attorney Stephen Jones calls the documents “a hoax” and denies that McVeigh made any of those statements. The Dallas Morning News is trying to garner attention and subscriptions, Jones says, and implies that the Morning News’s source is “setting up” the paper: “They just bought the Brooklyn Bridge,” he says. The Morning News has informed Jones of the identity of the source that provided it with the documents. [Washington Post, 3/1/1997] “This is about the most irresponsible form of journalism,” Jones says. He says that after McVeigh learned of the story, his client said, “There’s a practical joker every week.” [New York Times, 3/1/1997]
Defense Alleges Press Stole Documents - The Morning News denies a subsequent defense allegation that Slover stole thousands of computerized documents belonging to McVeigh’s defense lawyers, documents Jones says were used in the Morning News’s reporting. Jones says the documents acknowledge McVeigh’s responsibility for the bombing, but do not constitute a confession. The Morning News, Jones says, got the documents “by fraud, deception, misrepresentation, and theft” involving the defense’s computer files. Attorney Paul Watler, speaking for the Morning News, “categorically denies it committed any crime,” and says the documents were obtained through “routine news-gathering techniques.” The Morning News “did not hack into Mr. Jones’ computer system, and it did not assist anyone else in doing so,” Watler says. Jones says the documents are not, as some reports say, notes of a defense staffer’s conversations with McVeigh; defense lawyers have previously alleged that they produced a “fake confession” designed to persuade a witness to talk to defense investigators. Jones says any such false confessions, if they exist, would not be used during McVeigh’s trial. Jones says he may ask Judge Richard Matsch to delay the trial for 90 days to allow for a “cooling-off period” and allow “people to move on.” Watler says Jones is using the allegations to cloud the trial proceedings. [Dallas Morning News, 3/4/1997; New York Times, 3/4/1997] Freelance journalist J.D. Cash, who writes for a far-right publication called The Jubilee and a small Oklahoma newspaper, the McCurtain Daily Gazette, denies reports that he is the source of the article. Cash says he is not “the intermediary who set up The Dallas Morning News,” but says he is familiar with the documents described in the newspaper’s accounts. The confession, Cash says, is “a mixture of fact and fantasy.”
Possible Negative Impact on Jury - Observers worry that the story may prejudice a potential jury. “It’s a worst-case scenario,” says legal studies professor Jeffrey Abramson. “At the witching hour, but before people have been isolated from pretrial publicity, you get explosive evidence, exactly the kind of thing that makes it very difficult for a defendant to think he hasn’t already been tried in the press.” Law professor Rita J. Simon says the article could make a fair trial very difficult. “The jurors will know there was some report about a confession,” she says. “I can’t imagine, no matter where you hold the trial, that the jurors will not hear about it. As soon as the trial gets under way, the story will come out afresh.” [New York Times, 3/2/1997]
Second Purported Confession - Days later, a second confession from McVeigh is reported, this time published by Playboy magazine. The article containing the purported confession is written by freelance reporter Ben Fenwick, and is apparently based on an internal summary of the case compiled by the McVeigh defense team (see Early 2005). Fenwick had obtained the document in 1996, he later says, and had kept it under wraps in the hopes of eventually writing a book about the case. He quickly wrote an article based on the document and sold it to Playboy after Slover’s article hit the press. According to Fenwick’s article, McVeigh says he detonated the bomb when he was a block away from the Murrah Building, and admitted to the bombing during a lie detector test administered by his lawyers. Other details in the article contradict physical evidence already presented in open court. Jones says: “These escalating reports of alleged statements by Mr. McVeigh are corrupting the heart of the jury system. The American ideals of justice are being held hostage to sensationalism.” Fenwick is soon hired by ABC News as a legal consultant, an arrangement that allows ABC to quote extensively from the article in a special broadcast aired shortly before the trial begins. Fenwick will later admit that he did not authenticate the document before using it. The document and the article will lead the FBI to discover McVeigh’s purchase of racing fuel from an Ennis, Texas, dealer (see October 21 or 22, 1994). [New York Times, 3/14/1997; New York Times, 3/18/1997; Serrano, 1998, pp. 271]
Entity Tags: Jeffrey Abramson, James Nichols, Terry Lynn Nichols, Andreas Strassmeir, Dallas Morning News, J.D. Cash, Ben Fenwick, Stephen Jones, Timothy James McVeigh, Rita J. Simon, Roger E. (“Bob”) Moore, Murrah Federal Building, Michael Joseph Fortier, Paul Watler, Playboy, Pete Slover, Richard P. Matsch, Richard A. Serrano
Timeline Tags: US Domestic Terrorism
Opening statements are presented in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995).
Heavy Security - Security in and around the Byron Rogers Federal Building and Courthouse in Denver, where the trial is being held, is tight. Roads and sidewalks approaching the building are blocked off. Special credentials are needed to walk around certain areas inside the courthouse. Pedestrian traffic in and out of the federal office next door is constrained with a heavy police presence. Federal officers look under the hoods of cars and check beneath vehicles with mirrors on the streets surrounding the building. Concrete barriers prevent vehicles from getting too close to the building. Even the nearby manhole covers are sealed shut. [CNN, 4/17/1997; Serrano, 1998, pp. 274]
Jury Makeup - The jury (see March 31, 1997 and After) is composed of seven men and five women; their identities and personal information have been shielded so they can avoid being sequestered. Six alternate jurors—three men and three women—are also available. The jurors include a retired teacher, a registered nurse, an auto mechanic, a real estate manager, and a store manager who served in the Air Force. Several are military veterans. One said during jury selection that he hopes the trial will not turn McVeigh into another victim: “I believe there have been enough victims. We don’t need another one.” James Osgood, the jury foreman and store manager, believes in mandatory gun ownership. (Like the other members of the jury, Osgood’s identity will not be revealed until after the trial is concluded.) Several expressed their doubts and worry about being able to impose the death penalty if McVeigh is convicted. Some 100 potential jurors were screened to create this jury of 12 members and six alternates. As the trial commences, McVeigh greets the jury by saying, “Good morning.” He will not speak to them again during the trial. Judge Richard P. Matsch begins by saying: “We start the trial, as we are today, with no evidence against Timothy McVeigh. The presumption of innocence applies.” [Washington Post, 4/23/1997; New York Times, 4/23/1997; Serrano, 1998, pp. 275; Douglas O. Linder, 2001]
Prosecution: McVeigh a Cold, Calculating Terrorist - Lead prosecutor Joseph Hartzler begins with an emotional evocation of the bombing and the story of one of the victims, Tevin Garrett, a 16-month-old child who cried when his mother Helena Garrett left him at the Murrah Building’s day care center. The mothers could wave at their children through the day care’s glass windows, Hartzler says. “It was almost as if you could reach up and touch the children. None of those parents ever touched their children again while they were alive.” He says of Tevin Garrett’s mother, “She remembers this morning [the morning of the bombing] because it was the last morning of [Tevin’s] life” (see 9:02 a.m. - 10:35 a.m. April 19, 1995). Hartzler wastes little time in slamming McVeigh as a “twisted,” calculating terrorist who murdered 168 people in the hope of starting a mass uprising against the US government. McVeigh, Hartzler says, “chose to take their innocent lives to serve his own twisted purposes.… In plain and simple terms, it was an act of terror and violence, intended to serve a selfish political purpose. The man who committed this act is sitting in this courtroom behind me. He is the one who committed those murders.” Hartzler says that McVeigh blew up a federal building in Oklahoma City to avenge the federal assault on the Branch Davidian religious compound outside Waco, Texas (see April 19, 1993, April 19, 1993 and After, and April 24, 1995). “Across the street, the Ryder truck was there to resolve a grievance,” Hartzler says. “The truck was there to impose the will of Timothy McVeigh on the rest of America and to do so by premeditated violence and terror, by murdering innocent men, women, and children, in hopes of seeing blood flow in the streets of America.” He notes that McVeigh carried an excerpt from the violently racist novel The Turner Diaries (see 1978) that depicts the bombing of FBI headquarters in Washington. Hartzler reads the following line from the excerpt: “The real value of our attack lies in the psychological impact, not in the immediate casualties.” Hartzler also notes the T-shirt McVeigh wore when he was arrested, a shirt that Hartzler says “broadcast his intentions.” On the front was a likeness of Abraham Lincoln and on the back a quote from Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Drops of scarlet blood dripped from a picture of a tree. Investigators found traces of residue on McVeigh’s shirt, in his pants pockets, and on a set of earplugs found in his pocket (see Early May 1995 and After). Hartzler reads from a document McVeigh had written on a computer belonging to his sister, Jennifer (see November 1994). In a letter addressed to the Bureau of Alcohol, Tobacco and Firearms, McVeigh wrote: “All you tyrannical [expletive], you’ll swing in the wind one day for your treasonous attacks against the Constitution of the United States.… Die, you spineless, cowardice [sic] b_stards” (see May 5-6, 1997). Hartzler says the trial has nothing to do with McVeigh’s beliefs or his freedoms of expression: “We aren’t prosecuting him because we don’t like his thoughts. We’re prosecuting him because his hatred boiled into violence.” Of the innocent victims, Hartzler tells the jury that McVeigh “compared them to the storm troopers in [the popular science fiction movie] Star Wars (see October 21 or 22, 1994). Even if they are innocent, they work for an evil system and have to be killed.” Hartzler moves to preempt expected defense attacks on the prosecution’s star witness, Michael Fortier (see After May 6, 1995, May 19, 1995 and August 8, 1995), on reports that evidence was mishandled by an FBI crime lab (see January 27, 1997), and the failure to identify or apprehend the now-infamous “John Doe No. 2” (see June 14, 1995). Hartzler concludes: “Timothy McVeigh liked to consider himself a patriot, as someone who could start a second American revolution. Ladies and gentlemen, statements from our forefathers can never be twisted to justify warfare against women and children. Our forefathers didn’t fight British women and children. They fought other soldiers, they fought them face to face, hand to hand. They didn’t plant bombs and then run away wearing earplugs” (see Early May 1995 and After) Hartzler returns to the prosecutors’ table; Matsch calls a brief recess.
Defense: McVeigh Innocent, Framed by Lies - McVeigh’s attorney, Stephen Jones, tells the jury that McVeigh is innocent, and says that McVeigh’s views fall within the “political and social mainstream.” Like Hartzler, he begins with the story of a mother who lost one of her two children in the bombing, saying that the mother saw someone other than McVeigh outside the Murrah Building before the bomb went off. “I have waited two years for this moment,” Jones says, and says he will prove that other people, not McVeigh, committed the bombing. Jones sketches McVeigh’s biography, focusing on his exemplary military service and the bitter disappointment he suffered in not being accepted in the Army’s Special Forces (see January - March 1991 and After). It was after he left the Army, Jones says, that McVeigh began to steep himself in political ideology. But far from being an extremist, Jones says, McVeigh began to study the Constitution. The shirt he wore when he was arrested bore the motto “Sic Semper Tyrannis,” but that is not merely a revolutionary slogan, Jones notes: it is the motto of the State of Virginia. McVeigh was “extremely upset” over what he viewed as government abuses of individual liberty, Jones admits, but says it was no different from how “millions of people fear and distrust the government.” McVeigh’s statement that “something big was going to happen” (see Mid-December 1994, March 25, 1995 and After, and April 15, 1995) had nothing to do with the bombing, Jones says, but was merely a reflection of the increasing anxiety and concern he was seeing among his friends and fellow political activists, all of whom believed “that the federal government was about to initiate another Waco raid, except this time on a different scale” (see April 19, 1993 and April 19, 1993 and After). “[B]eing outraged is no more an excuse for blowing up a federal building than being against the government means that you did it.” Jones spends much of his time attacking Fortier’s credibility as well as the consistency of other prosecution witnesses, saying that they will give “tailored testimony” crafted by the government to bolster its case, and focuses on the reports of crime lab mishandling of key evidence (see April 16, 1997): “The individuals responsible for the evidence… contaminated it… manipulated it, and then they engaged in forensic prostitution,” he says. After the case is done, Jones says, the jury will see that the evidence shows, “not just reasonable doubt, but that my client is innocent.” He closes by reminding the jury, “Every pancake has two sides.” [Washington Post, 4/25/1997; New York Times, 4/25/1997; Serrano, 1998, pp. 275-280; Douglas O. Linder, 2006]
One of the prosecution’s star witnesses in the Timothy McVeigh bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) testifies. Lori Fortier, the wife of McVeigh’s friend and fellow conspirator Michael Fortier, tells the jury that one night in October 1994, McVeigh sat in her Kingman, Arizona, living room and told her and her husband he was going to blow up the Murrah Federal Building in Oklahoma City. “He drew a diagram, just a box,” she says, “and he filled the box with [soup cans] representing barrels” (see (February 1994)). The box represented the truck he would park in front of the building, and the barrels would be filled with ammonium hydrate and anhydrous hydrazine, a chemical used in rocket fuel. She says she remembers the names of the chemicals because McVeigh borrowed her dictionary the next day to look them up. McVeigh, she says, chose the Murrah Building because it was, in his estimation, “an easy target.” Lori Fortier testifies after being given a grant of immunity (see August 8, 1995); her husband Michael, also cooperating with the investigation and slated to testify, received a plea agreement in return for his cooperation (see May 19, 1995). She also says McVeigh was furious with the federal government over the Branch Davidian tragedy (see April 19, 1993, April 19, 1993 and After, and April 24, 1995), and thought the Murrah Building was the workplace of some of the law enforcement agents involved in the Davidian standoff. She says that McVeigh’s fellow conspirator, Terry Nichols, helped McVeigh in several robberies that the two used to buy the bomb materials (see November 5, 1994), but at the last minute, McVeigh told her and her husband that “Terry wanted out and Terry did not want to mix the bomb” (see March 1995). Her husband also refused to help McVeigh in his getaway after the bombing. She recalls her husband joining McVeigh in building and exploding pipe bombs in the mountains, and remembers a September 1994 letter to her husband from McVeigh in which McVeigh “said he wanted to take action against the government” (see September 13, 1994). Weeks later, McVeigh told the Fortiers that he wanted to blow up a government building. “I think Michael told him he was crazy,” she testifies. She also remembers laminating a fake driver’s license for McVeigh with the name “Robert D. Kling,” an alias McVeigh used to rent the Ryder truck used to deliver the bomb (see Mid-March, 1995, April 15, 1995, 9:03 a.m. -- 10:17 a.m. April 19, 1995, and February 19, 1997). Asked if she feels any responsibility for the bombing, she admits, “I could have stopped it.” She says she didn’t believe McVeigh was capable of actually executing such an action. “I wish I could have stopped it now. If I could do it all over again, I would have.” Fortier holds up under four hours of harsh cross-examination by McVeigh’s lawyer Stephen Jones, who paints her as an unreliable drug addict who had hoped to profit from her and her husband’s knowledge of the bombing and continues to hammer at her over her admission that she could have called authorities and stopped the bombing. Fortier admits to using drugs, and to lying about McVeigh shortly after the attack, explaining that she did so for fear that she and her husband would be implicated. “I never had any interest in selling my story,” she says. [University of Missouri-Kansas City School of Law, 4/29/1997; New York Times, 4/30/1997; New York Times, 5/1/1997; New York Times, 5/8/1997; Serrano, 1998, pp. 284-286]
The sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997), Jennifer McVeigh, reluctantly testifies for the prosecution under a grant of immunity. Her brother nods at her when she enters the courtroom. She tells jurors that her brother ranted against federal agents as “fascist tyrants,” and told her he intended to move from “the propaganda stage” to “the action stage” in the months before the bombing of the Oklahoma City Federal Building (see Mid-December 1994). She describes a November 1994 visit from her brother (see November 1994), in which he showed her a videotape about the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He was very angry,” she testifies. “He thought the government murdered the people there, basically, gassed and burned them.” Her brother held the Bureau of Alcohol, Tobacco and Firearms (BATF) and the FBI responsible: “I think he felt someone should be held accountable,” she says. During his visit, she says McVeigh told her he felt it necessary to do more than hand out pamphlets attacking the government. “He was not in the propaganda stage,” she says he told her. “He was now in the action stage.” He never explained what he meant by this, she says. She also reads aloud a letter he wrote to the American Legion on her word processor, in which he accused the government of drawing “first blood” in its “war” against its citizens, and said only militia groups could protect the citizenry from the government. And, after being prompted by prosecutors, she recalls driving with her brother when “Tim brought up a time when he was traveling with explosives and nearly got into an accident” (see December 18, 1994). They had been “talking about traffic jokes, accident jokes.” She recalls him talking about driving in another car with “up to 1,000 pounds” of explosives. “They were going down a hill. There was a traffic light. They couldn’t stop in time.” Her brother did not run into another car. Asked why she had not pressed her brother for more details, she replies, “I don’t think I wanted to know.” She did not see her brother again after that visit, but kept in touch with him by letters and telephone calls. He told her he had a network of friends around the country, whom she only knows by their first names: Terry (Nichols), Mike (Michael Fortier—see May 12-13, 1997), and Lori (Fortier—see April 29-30, 1997). Her brother wrote her a letter in early 1995 telling her to get in touch with the Fortiers “in case of alert.… Lori is trustworthy. Let them know who you are and why you called.” He told her not to use their home phone, as it was likely the government would be surveilling it. She testifies that after her brother left, she found another document on her computer entitled “ATF—Read,” which prosecutor Joseph Hartzler says reads as if it were meant for the BATF (see November 1994). Jennifer McVeigh testifies that she called her brother and asked him what to do with the file, and he advised her to “just leave it there.” Prosecution lawyer Beth Wilkinson reads the letter aloud. It told the BATF that its agents “will swing in the wind one day for your treasonous acts against the Constitution and the United States,” and ended: “Remember the Nuremberg trials, war trials.… Die, you spineless cowardice [sic] b_stards!” In March and April 1995, she says her brother sent her two letters, the first of which she later burned as he instructed her to in the letter. The first letter told her, “Something big is going to happen in the month of the bull,” indicating April, and advised her to stay on her “vacation longer” (Jennifer planned to go to Pensacola, Florida, for a two-week vacation beginning April 8). The second letter, dated March 25, 1995, told her not to write him after April 1, “even if it’s an emergency,” and advised her to “watch what you say.” He then sent her a third mailing with a short note and three short clippings from the racist novel The Turner Diaries (see 1978 and April 15, 1995). On April 7, the day before she went on vacation, she says she divided her brother’s belongings into two boxes, putting one into her closet and giving the other to a friend for safekeeping. After hearing of his arrest on August 21 (see April 21, 1995), she burned the Turner clippings. “I was scared,” she explains. “I heard Tim’s name announced, and I figured [the FBI would] come around sooner or later.” The FBI searched her truck and the house in Florida where she vacationed, and were waiting for her when she flew into the Buffalo, New York, airport (see April 21-23, 1995). She says she was questioned eight to nine hours a day for “eight days straight.” Agents showed her a timeline of events culminating in the Oklahoma City bombing, and threatened to charge her with an array of crimes related to her brother’s actions and her own in concealing or destroying evidence. She identifies her brother’s handwriting on an order for a book on how to make explosives, and on a business card for Paulsen’s Military Supplies where he apparently had made notations about buying TNT (see April 21, 1995). She also identifies his handwriting on the back of a copy of the Declaration of Independence found in his car after the bombing (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). It read, “Obey the Constitution of the United States, and we won’t shoot you.” Under cross-examination by her brother’s lawyers, she breaks down in tears, explaining that she agreed to testify because FBI agents “told me he was guilty [and] was going to fry.” She admits to destroying papers she thought might incriminate him, lying to FBI investigators in her first sworn statement, and resisting her parents’ claims to cooperate with the government. She says she began cooperating truthfully after FBI agents threatened to charge her with treason and other crimes that carry the death penalty. [University of Missouri-Kansas City School of Law, 5/5/1997; New York Times, 5/6/1997; New York Times, 5/7/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 284-]
Entity Tags: Lori Fortier, Beth Wilkinson, Federal Bureau of Investigation, Joseph H. Hartzler, Terry Lynn Nichols, Michael Joseph Fortier, Jennifer McVeigh, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: US Domestic Terrorism
One of the star witnesses for the prosecution in the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997), McVeigh’s close friend Michael Fortier (see March 24, 1988 - Late 1990), testifies. Fortier’s wife Lori has testified previously (see April 29-30, 1997). She received a grant of immunity, and Fortier himself pled guilty to reduced charges in return for his cooperation (see May 19, 1995). Far from being boisterous and disrespectful during the trial as he once claimed he would be (see April 23 - May 6, 1995), Fortier is somber and repentant. Fortier testifies that he and McVeigh “cased” the Murrah Building in Oklahoma City several months before McVeigh bombed it (see December 16, 1994 and After), and says that McVeigh bombed the building “to cause a general uprising in America.” McVeigh originally planned to bomb the building around 11 a.m. because, Fortier testifies, “everybody would be getting ready for lunch.” Fortier says he expressed his concern that the bombing would kill many people, and McVeigh replied that he “considered all those people to be as if they were storm troopers in the movie Star Wars. They may be individually innocent, but because they are part of the evil empire they were guilty by association.” Fortier says that he sent off for a mail-order identification kit that McVeigh used to make a false driver’s license for himself. Fortier admits that he knew for months of McVeigh’s plans (see September 13, 1994 and After and September 13, 1994), and that he could have prevented the bombing with a single telephone call to law enforcement authorities: “I live with that knowledge every day,” he says. Lead prosecutor Joseph Hartzler asks Fortier why he did not make the call. Fortier replies that he has no excuse except his friendship with McVeigh, saying: “I’d known Tim for quite a while. If you don’t consider what happened in Oklahoma, Tim is a good person.” Fortier recalls going with McVeigh to Oklahoma City, where they examined the Murrah Building, and McVeigh considered a number of alternatives for delivering the bomb (see December 16, 1994 and After). Fortier testifies as to the location of the alley that McVeigh said he would use to stash his getaway car; investigators found the key to McVeigh’s rented Ryder truck (see April 15, 1995) in that alley. The trip also involved going to Junction City, Kansas, where McVeigh sold a number of stolen weapons (see November 5, 1994) in what prosecutors say was an effort to finance the bombing. Fortier testifies, “He told me they picked that building because that was where the orders for the attack on Waco came from,” referring to the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He told me—he also told me that he was wanting to blow up a building to cause a general uprising in America hopefully that would knock some people off the fence into—and urge them into taking action against the federal government.” At one point, testifying about his involvement in the case driving his father into having a nervous breakdown, Fortier weeps on the stand. McVeigh lived with the Fortiers several times in the years leading up to the bombing (see May-September 1993 and February - July 1994), he testifies. He recalls receiving a letter from McVeigh (see September 13, 1994) in which, he says: “Tim told me that him and Terry Nichols had decided to take some type of positive offensive action. He wanted to know if I wanted to partake of it.” A week later, McVeigh came back to Kingman and, Fortier recalls, “we had a conversation near my fence in my front yard. Tim was telling me what he meant by taking action. He told me that he—him and Terry were thinking of blowing up a building. He asked me to help them. I turned him down.” Later in 1994, Fortier testifies, McVeigh asked him to rent a storage locker for him somewhere outside Kingman, but Fortier told McVeigh he could not find one. A few days after that, Fortier testifies, McVeigh and Nichols came to Kingman and rented a storage locker themselves (see October 4 - Late October, 1994). Soon after, McVeigh and Nichols showed Fortier the contents of the locker—about a dozen boxes of explosives that McVeigh said they had stolen from a quarry in Kansas (see October 3, 1994). Just before October 31, 1994, Fortier testifies, “Tim said that him and Terry had chosen a federal building in Oklahoma City” and showed him how he could “make a truck into a bomb.” Under cross-examination, McVeigh’s lead lawyer, Stephen Jones, lambasts Fortier as a liar, a thief, a drug addict, and an opportunist who had initially tried to profit from his knowledge of the bombing, playing the audiotapes of Fortier’s bluster and bragging as captured on government wiretaps (see After May 6, 1995). Fortier admits to lying to the FBI in his initial interviews. Jones does not shake Fortier from his statements about McVeigh, though he does elicit a statement from Fortier that Nichols had withdrawn from the bomb plot in the final days of preparation (see March 1995). [New York Times, 5/13/1997; New York Times, 5/14/1997; Serrano, 1998, pp. 286-287]
The defense in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) rests after having presented 25 witnesses over less than four days of testimony. [Douglas O. Linder, 2001] McVeigh does not testify in his own defense. [Washington Post, 6/14/1997] Defense lawyers, led by Stephen Jones, found it difficult to cast doubt on the prosecution’s case (see May 21, 1997). Their story was that McVeigh was the unwitting victim of an overzealous federal investigation and the treachery of his friends. Today, they try to cast doubt on some of the witness testimony, with little apparent success, focusing on critical testimony by two friends of McVeigh’s, Michael and Lori Fortier (see May 19, 1995, August 8, 1995, April 29-30, 1997, After May 6, 1995, and May 12-13, 1997), calling them drug addicts who were lying in order to profit from their story and to avoid jail time. The last witness, Deborah Brown, who employed Lori Fortier at her tanning salon in Kingman, Arizona, testifies that she had bought amphetamines from the Fortiers, and tells the jury the Fortiers were so poor that “their baby was on some kind of state assistance to get formula and diapers.” Jones plays an audiotape for the jury of Michael Fortier’s telephone conversations that were wiretapped by federal agents in the weeks after the bombing, when Fortier was considered a suspect. In those recordings, Fortier boasted to his brother John that he could mislead federal agents and make a million dollars through book rights from his connection to McVeigh, saying: “I can tell a fable, I can tell stories all day long. The less I say now, the bigger the price will be later.” On another audiotape, Fortier, his voice slurred from apparent drug use, is heard telling a friend: “The less I say right now, the bigger the price later—there will be books, book rights. I’m the key, the head honcho, General Crank. I hold the key to it all.… I could pick my nose and wipe it on the judge’s desk.” Jones also plays excerpts from an interview Fortier gave CNN, where he said: “My friend Tim McVeigh is not the face of terror that is reported on the cover of Time magazine. I do not believe that Tim blew up any building in Oklahoma.” Fortier has already admitted that he lied to the press and the FBI during the early phases of the investigation. However, the defense has no alibi for McVeigh, nor does it offer an alternative theory to the prosecution’s version of events.
Prosecution's Case Not Challenged, Analysts Say - Legal analysts say Jones did little to challenge the prosecution, and note that Judge Richard Matsch prohibited Jones from presenting his theory of a foreign terrorist conspiracy behind the bombing (see 10:00 a.m. April 19, 1995 and After). Neither did Matsch allow Jones to put FBI laboratory technicians on the stand to explain their alleged mishandling of evidence in the case (see January 27, 1997), though Jones did present FBI lab technician Frederic Whitehurst, whose whistleblowing led to a Justice Department investigation that revealed the mishandlings (see May 27, 1997). Jones also suffered a setback when his star witness, Daina Bradley, abruptly changed the story she had told for almost two years. Bradley, a victim of the bombing who lost her two children and her mother along with her right leg, had said that she saw a “swarthy” man get out of the Ryder truck that carried the fertilizer bomb. On the witness stand, Bradley added a new detail: a second, light-complexioned man also in the truck. She was also forced to admit that she had been treated for mental illness and had a poor memory (see May 23, 1997). Legal analyst Andrew Cohen says that the jury is most likely to focus on Jones’s inability to prove McVeigh’s innocence. “The message you get as a juror,” Cohen says, “is [that] this is the worst mass murder in American history. There’s 168 dead, and you can only come up with four days of testimony? What about the alibi? If you’re going to call a guy innocent, you’d better make your case.” [Washington Post, 5/29/1997; New York Times, 5/29/1997; Denver Post, 6/3/1997; Denver Post, 6/14/1997; Associated Press, 1/11/1998] After the final presentation, law professor Mimi Wesson, a former assistant US attorney and death penalty expert, says she is “puzzled” by the defense’s “truncated” presentation. “The main thing they tried to suggest was that McVeigh was not alone. They elicited that through witnesses who testified they saw McVeigh with someone else, or that they saw someone else at places connected to the bombing. But I must say that rather puzzled me, since it is no defense for McVeigh that he acted with a confederate even if that confederate cannot be identified and has not been apprehended and cannot be prosecuted.” Wesson believes that the defense may be conceding guilt, and may be attempting to build a case for “mitigating circumstances” that would spare McVeigh the death penalty. Wesson says that the testimony of Bradley was very damaging for the defense’s case, and doubly so because Bradley was a defense witness. The lawyer who handled the defense’s attack on the forensic evidence (see May 27, 1997), Christopher Tritico, did a “skilled” job in going after the forensics, but Wesson is not convinced Tritico’s assault swayed many jurors. She calls Whitehurst a “prig, a person who has his own fastidious, rather fussy idea about how things ought to be done, who is extremely inflexible and intolerant about things being done any other way” who did not make a good impression on the jury. Jones’s final attack on the Fortiers (see April 29-30, 1997 and May 12-13, 1997) was “predictable,” Wesson says, and nothing the jury had not already heard: “The thing about the Fortiers is not so much that we believe them because they’re truthful—we know they were liars about many things—but in the end I think you believe them because their testimony about McVeigh is corroborated at almost every point by other testimony.” The “parade of victims” put on by the government was tremendously effective, Wesson says: “They did such a tremendously effective case of arousing people’s emotions during the main part of the case.” [Salon, 5/29/1997]
Defense Had 'All but Impossible' Task - In 2006, law professor Douglas O. Linder will write: “The task of the defense team was all but impossible. They could not come up with a single alibi witness. They faced the reality that McVeigh had told dozens of people of his hatred of the government, and had told a friend that he planned to take violent action on April 19. Rental agreements and a drawing of downtown Oklahoma City linked him to the blast. He carried earplugs in his car driving north from Oklahoma City 40 minutes after the explosion. How could it all be explained away?” [Douglas O. Linder, 2001]
Entity Tags: Andrew Cohen, Christopher L. Tritico, Deborah Brown, Daina Bradley, Douglas O. Linder, Timothy James McVeigh, Lori Fortier, Michael Joseph Fortier, Mimi Wesson, Richard P. Matsch, Stephen Jones, Frederic Whitehurst
Timeline Tags: US Domestic Terrorism
Legal observers say that the guilty verdict against Oklahoma City bomber Timothy McVeigh (see June 2, 1997) does not mean that the trial of McVeigh’s accused co-conspirator, Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), will proceed as smoothly for the prosecution. The prosecutors in the Nichols trial will likely have to use witnesses and evidence the McVeigh prosecutors left out of McVeigh’s trial (see May 21, 1997); those witnesses and evidence were considered “shaky” or potentially confusing for the McVeigh jury. For example, the prosecution chose not to present evidence that McVeigh and Nichols assembled the bomb at Geary Lake State Park in Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), apparently because prosecution lawyers were uncertain over their witnesses’ credibility on that subject. The Geary allegation is a central element of the Nichols indictment. Similarly, the McVeigh prosecutors chose not to mention the robbery of an Arkansas gun dealer, which they believed was used to finance the bombing (see November 5, 1994), but the Nichols prosecutors will undoubtedly use that robbery as another key element of their case against Nichols. Michael Fortier, a friend of McVeigh’s who has extensive knowledge of the bomb plot, testified against McVeigh (see May 12-13, 1997); he will also testify against Nichols, but his testimony is expected to be less effective against Nichols. Perhaps the most powerful argument for the Nichols defense is the allegation that Nichols broke with McVeigh a month before the bombing and did not take part in the bombing itself (see March 1995), an allegation supported not just by Nichols, but by his ex-wife Lana Padilla and by Fortier. [New York Times, 6/3/1997]
Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see May 19, 1995, August 8, 1995, and May 12-13, 1997), testifies against McVeigh’s alleged co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997). Fortier tells the jury that Nichols and McVeigh took him to an Arizona storage locker filled with explosives seven months before the bombing (see October 4 - Late October, 1994). Fortier has pleaded guilty to four felonies related to the bombing.
Saw Nichols in McVeigh's Company, Changes Testimony Previously Identifying Nichols as Co-Conspirator - He says he saw Nichols three times in Kingman, Arizona, the town in which McVeigh resided; two of those times, Nichols was in the company of McVeigh. Fortier testifies that he met both Nichols and McVeigh when they were Army soldiers stationed at Fort Benning, Georgia (see March 24, 1988 - Late 1990); Nichols, he says, was his platoon leader, but not his friend. Fortier says McVeigh sent him a letter saying that he and Nichols planned some sort of “positive offensive action” against the government (see September 13, 1994), and later McVeigh told him the “action” was the bombing of a federal building, to take place on the anniversary of the Branch Davidian massacre (see April 19, 1993 and April 19, 1993 and After). “He told me… that they were planning on bombing a building,” Fortier says. When asked by a prosecutor who was the “they” that McVeigh was referring to, Fortier replies, “He didn’t say specifically,” a drastic change from his testimony in the McVeigh trial, when he told the jury that McVeigh was referring to himself and Nichols. [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997]
Says McVeigh Told Him Nichols Robbed Gun Dealer - Fortier does identify Nichols as the man who robbed Arkansas gun dealer Roger Moore to help finance the bombing (see November 5, 1994); Fortier says that McVeigh told him, “Terry did Bob,” meaning “Bob Miller,” the name Moore used at gun shows. [New York Times, 12/16/1997]
Says He Refused to Take Active Part in Bombing, Says Nichols Withdrew - Fortier testifies that McVeigh asked him to rent a storage unit under a false name, but Fortier did not do so. He also testifies that McVeigh asked him to join him and Nichols in the bombing, but Fortier says he refused (see October 21 or 22, 1994). Later, Fortier says, McVeigh told him that Nichols “no longer wanted to help him mix the bomb” (see March 1995), testifying: “Tim told me that Terry no longer wanted to help him mix the bomb. He told me that there was some problem between—or the problem had to do with Terry’s wife, Marife. I asked Tim what he was going to do if Terry didn’t help him. I made a joke and said: ‘What would you do? Would you kill him if he doesn’t help you?’ And he answered me seriously and said he would not do that. And he went on to say that Terry would have to help him because he’s in it so far up till now.” Fortier identifies a length of explosives brought to his home for safekeeping by McVeigh as being from one of the Arizona storage lockers; an FBI expert, testifying immediately after Fortier, identifies a fingerprint on the wrapper for the explosives as belonging to Nichols.
Defense: Fortier a Lying Drug Addict - In cross-examination, Nichols’s lead lawyer, Michael Tigar, elicits that Nichols never mentioned anything to Fortier about bombing a building. As defense lawyers did in McVeigh’s trial, Tigar depicts Fortier as a drug user and self-admitted liar who has admitted to lying to FBI investigators about his knowledge and involvement in the bomb plot (see April 23 - May 6, 1995), and to planning to use his knowledge of the bomb plot to wangle profitable book and movie deals. Fortier admits that Tigar’s depictions are essentially accurate. Tigar asks, “Was there ever a time in your life where Mr. McVeigh and you and Mr. Nichols were standing side by side… when Mr. McVeigh said, ‘My friend Terry and I are going to blow up a building with people in it and kill people?’” Fortier replies, “No, sir.” [Washington Post, 11/13/1997; New York Times, 11/13/1997; Washington Post, 11/14/1997; New York Times, 11/14/1997; New York Times, 11/17/1997; Denver Post, 12/24/1997] Legal experts later say that Fortier’s testimony against Nichols is much less compelling than his testimony against McVeigh. Fortier did not know Nichols well, and had comparatively few dealings with him. [New York Times, 11/17/1997] The Washington Post describes the defense’s cross-examination of Fortier as “withering.” One of the defense’s contentions is that Fortier was far more involved in the bomb plot than his testimony indicates, and that he may have been more involved than Nichols. [Washington Post, 11/14/1997]
The prosecution concludes its case against accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) with a gripping story by Marine Captain Matthew Cooper, telling of his attempts to rescue colleagues from the rubble of the devastated Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Legal experts say the prosecution presented a convincing, but not necessarily overwhelming, case against Nichols, who is charged with eight counts of first-degree murder and four counts of conspiracy related to the bombing. Nichols’s co-conspirator, Timothy McVeigh, has already been sentenced to death for the crime (see June 2, 1997 and June 11-13, 1997). Essentially, the prosecution used a mountain of circumstantial evidence to tie Nichols to the crime, even though he was not in Oklahoma City on the day of the bombing (see April 16-17, 1995). Law professor Christopher Mueller says, “There is a huge combination of circumstances that connect Nichols to McVeigh just as there was a huge combination of circumstances connecting McVeigh to the bombing.” Legal analyst Andrew Cohen says: “If the jurors followed the prosecution’s story, then Nichols is in big trouble. But the defense has already done a good job showing that there are inconsistencies and contradictions and those could be enough to hang a jury.” Analysts say the prosecutors were less successful in introducing emotion into the Nichols trial than the prosecutors in the McVeigh trial. And prosecution eyewitnesses such as Cooper and Michael Fortier (see November 12-13, 1997) were less effective in this trial than they were in testifying against McVeigh. Nichols’s defense lawyers have successfully challenged the prosecution’s attempts to have witnesses like Cooper tell graphic and emotionally wrenching stories; today, Cooper’s testimony is brief and matter-of-fact, whereas during his testimony in McVeigh’s trial, he was detailed and emotional, breaking into tears during his stint on the stand. Also, analysts say, the prosecution was not entirely successful in portraying Nichols’s motive for taking part in the bomb plot. [Washington Post, 12/3/1997]
The 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]
Michael Fortier, a co-conspirator in the Oklahoma City bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, October 21 or 22, 1994, and December 16, 1994 and After) who cooperated with authorities in testifying against bombers Timothy McVeigh and Terry Nichols (see May 19, 1995, August 8, 1995, April 29-30, 1997, May 12-13, 1997, and November 12-13, 1997), is sentenced to 12 years in prison for his role in the bomb plot, fined $200,000, and ordered to pay $4,300 in restitution. Judge G. Thomas Van Bebber’s decision seeks a middle ground between the relatives of bombing victims, who have demanded a harsh sentence for Fortier, and federal prosecutors, who recommend leniency for Fortier’s cooperation. Fortier’s lawyer Michael McGuire tells Van Bebber: “Michael Fortier did not believe Timothy McVeigh was going to carry out the bombing. For his negligence, he will always be the unforgiven man.” Fortier also receives credit for the 34 months he has already served in detention. In the sentencing hearing, Fortier apologizes to the victims for not turning in McVeigh and Nichols ahead of the bombing. “I deeply regret not taking the information I had to the police,” he says through tears. “I sometimes daydream that I did do this and became a hero, but [the] reality is that I am not.… I have paid close attention to the testimony given by the bombing survivors. The stories are so horrifying, so heartbreaking, and so full of human suffering that I cannot bear them. I am too weak to contemplate them for long. I feel as if my mind will break and I’ll cry and cry and never stop. Dear people, please, I offer my apology and I ask you to forgive me.… Please, please don’t let thoughts of me continue to hurt you.” Many survivors and victims’ relatives testify at the sentencing, telling of the grief and despair they and their families have suffered. Constance Favorite, who lost a daughter in the bombing, tells the judge: “All he needed to do was take responsibility and call. One phone call would have done it.” Marsha Kight, who also lost a daughter in the bombing, says Fortier’s sentence is too light. “Life in prison is what I would have considered enough,” she says. “I think he conspired. I think he helped buy components for the bomb. What do you call that?” Prosecutors call the sentence “appropriate” and say they are unmoved by Fortier’s declarations of remorse. “I think everyone in the courtroom had to think that it’s a little too late and a little too little,” says US Attorney Patrick M. Ryan. Van Bebber, chief judge of the US District Court for Kansas, was appointed to handle the sentencing because an appeals court ruled in 1995 that Oklahoma City federal judges had a potential conflict of interest in the case. The Oklahoma City federal courthouse sits across the street from where the Murrah building once stood, and itself was damaged by the bombing. [Washington Post, 5/28/1998; New York Times, 5/28/1998; Douglas O. Linder, 2001; The Oklahoman, 4/2009] Van Bebber rejected pleas for leniency from Fortier’s lawyers, who asked that Fortier be sentenced to serve the 33 months he has already been incarcerated—essentially setting him free immediately. He followed prosecutors’ recommendations that Fortier serve between 11 and 14 years, after saying that he was considering sentencing Fortier to over 17 years in prison. [New York Times, 5/13/1998] Fortier’s lawyers say they will appeal the sentence, and accuse prosecutors of misrepresenting the amount of jail time they would seek if Fortier cooperated with the investigation and testified in the McVeigh and Nichols trials. [Indianapolis Star, 2003] Fortier will win an appeal of his sentencing; the appellate court will find that Van Bebber used sentencing guidelines that were too strict. Fortier’s jail sentence will remain the same, but his fine will be reduced to $75,000. [The Oklahoman, 4/2009] He serves his sentence in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). He will be released in January 2006, after serving 10 years and six months of his sentence. [Douglas O. Linder, 2001]
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]
Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who cooperated with the prosecution of McVeigh and fellow conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) in order to escape prosecution for his own participation in the bomb plot, says through his attorneys that federal prosecutors lied in order to get a harsher sentence for him. Fortier was given 12 years in prison for his actions (see May 27, 1998). During his sentencing hearing, prosecutors argued that Fortier’s sentence should exceed standard guidelines because of the magnitude of the crime. They argued that Fortier knew profits from the sale of stolen guns would be used to help finance the bombing because he was present when his wife, Lori, and McVeigh discussed it (see April 3-4, 1995). Recently, prosecutor Sean Connelly conceded there was no evidence Fortier was present during the conversation between his wife and McVeigh or was told by either one of them what had been said. [Mayhem (.net), 4/2009]
Convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) will stand trial on 160 counts of first-degree murder, Oklahoma State District Court Judge Allen McCall rules. The 160 murder counts represent the 160 citizens who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Nichols is already serving a life term in federal prison (see June 4, 1998) for his role in the bombing as it pertained to eight federal law enforcement officials killed in the blast. Nichols faces the death penalty in the upcoming trial. The United States Supreme Court has already ruled that a state trial does not amount to double jeopardy. The preliminary hearing features the same arguments and some of the same witnesses that testified against Nichols in 1997, most prominently Michael Fortier, a friend of Nichols’s co-conspirator Timothy McVeigh who is also serving jail time for his role in the bombing conspiracy (see May 27, 1998). [New York Times, 5/14/2003]
Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, June 4, 1998, and May 26, 2004) has said that he believes his co-conspirator, Timothy McVeigh (see 7:14 a.m. June 11, 2001), was involved with a white supremacist compound in eastern Oklahoma, Elohim City (see (April 1) - April 18, 1995). Nichols’s statements to the FBI, a US congressman, and his family are now being reported by The Oklahoman. Representative Dana Rohrbacher (R-CA), who met with Nichols on June 27, 2005 at the federal prison in Florence, Colorado, says: “He said he was driving past it one time and Tim McVeigh knew everything about Elohim City, just told him all about it. And he said on a number of occasions… Tim McVeigh mentioned his friend, Andy the German, who lives at Elohim City.… So there was a strong indication that Tim McVeigh had much more than just a minor association with some of the people at Elohim City.” “Andy the German” is Andreas Strassmeir, a former German soldier who helped coordinate security at Elohim City (see 1973 and After). Strassmeir has admitted meeting McVeigh at a 1993 Tulsa gun show (see April 1993), but has said he never saw or spoke with him again. Strassmeir has denied any role in the bombing (see November 1994), as has Elohim City leader Robert Millar (see May 24, 1995). The FBI investigated Elohim City after discovering McVeigh called there two weeks before the bombing (see April 5, 1995), and ruled out the residents as suspects (see February 1995). The bureau never found conclusive proof that McVeigh ever visited there, though other sources found that McVeigh and Nichols had visited there in late 1993 (see October 12, 1993 - January 1994) and learned that McVeigh took part in paramilitary exercises there in late 1994 (see September 12, 1994 and After). For years, many have speculated that Strassmeir and other Elohim City residents may have played a part in the bombing; Rohrbacher says he is considering holding Congressional hearings on the possibility, and says he asked Nichols specifically about those theories. Former federal informant Carole Howe has claimed she saw McVeigh and Strassmeir together at Elohim City in July 1994, and has said Strassmeir talked about blowing up federal buildings in Oklahoma (see August 1994 - March 1995 and November 1994). Federal prosecutors did not believe Howe’s claims. [The Oklahoman, 7/10/2005] A precursor of the McVeigh-Nichols bomb plot was hatched in 1983 by Elohim City residents (see 1983). Some believe that Strassmeir may have been McVeigh’s alleged co-conspirator identified only as “John Doe No. 2” (see June 14, 1995), even though federal authorities have said that person was not involved with Nichols or McVeigh (see January 29, 1997). McVeigh told his friend Michael Fortier that he planned the Oklahoma City bombing with input from people at Elohim City (see December 1994). Less than two weeks before the bombing, McVeigh went to a strip club with people from Elohim City, including Strassmeir (see April 8, 1995).
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