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US Domestic Terrorism

Court Actions and Lawsuits

Project: US Domestic Terrorism
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Joseph Paul Franklin.Joseph Paul Franklin. [Source: Jackson Clarion Ledger]Joseph Paul Franklin, a resident of Memphis, Tennessee, confesses to attempting to kill Larry Flynt, the publisher of Hustler magazine, and civil rights leader Vernon Jordan. Franklin’s motives are, according to his own statements, frankly racist. He admits to having been a member of the Ku Klux Klan and other white supremacist groups, a former believer in the Christian Identity theology (see 1960s and After), and for a long time considered himself a Nazi. On March 6, 1978, he shot Flynt outside a Georgia courtroom, paralyzing the publisher for life. On May 29, 1980, he shot and severely injured Jordan outside a Fort Wayne, Indiana, Marriott hotel. Franklin says he tried to kill Flynt because he published photographs of a racially mixed couple having simulated sex. He says he shot Jordan, an African-American, because he saw him with a white woman. From 1977 through 1980, Franklin says, he embarked on a “mission” to rid America of blacks, Jews, and whites who like minorities. He claims the credit for robbing a number of banks, bombing a Tennessee synagogue, killing two black men in Utah who were jogging with white women, and shooting a black man and white woman as they left a Tennessee restaurant. In total, Franklin says he may have killed 20 people in a 10-state, racially motivated shooting spree; when asked how many he’d killed, he says, “Not nearly enough.” Franklin explains why he shot so many people: “I was trying to start a race war at the time.… I figured other whites would do it, too, and eventually we’d have a full-fledged race war.” He says that in 1977 he went on the “warpath. I decided to cut loose in 1977. I was working these dead-end jobs. I thought, ‘I’m just going to go out and kill some Jews.’” Franklin says he was inspired in part by convicted serial killer Charles Manson. He is convicted of a number of crimes, including the 1977 murder of Missouri resident Gerald Gordon, and sentenced to death for Gordon’s murder. During his murder trial, Franklin calmly explains the length he went to to avoid detection: buying a rifle in Dallas through a classified ad, filing off the serial number, and carrying it in a guitar case; finding synagogues in the Yellow Pages, using a bicycle to approach and leave the scenes of his crimes quickly and without detection; and using a police scanner to keep abreast of law enforcement activities. He tells the court that he has no regrets regarding any of his crimes: asked if he feels remorse for any of his actions, he says: “I can’t say that I do. The only thing I’m sorry about is that it’s not legal.” Asked, “What’s not legal?” he replies, “Killing Jews.” Psychiatrist Dorothy Otnow Lewis, who has interviewed a large number of serial killers and spree killers, testifies that Franklin is a paranoid schizophrenic, details the brutal physical abuse he suffered as a child, and details a number of bizarre beliefs he seems to hold. Franklin denies being “stark raving mad,” but admits to a few “minor neuroses.” As to Lewis’s contention that he was unable to stop himself from committing his crimes, Franklin says: “I think it is hogwash, to tell you the truth. I knew exactly what I was doing.” Lewis later says she believes all serial and spree killers are mentally or emotionally dysfunctional and not directly responsible for their actions. [Time, 11/16/1980; New Yorker, 2/24/1997; Jackson Clarion Ledger, 2/25/2010] The 1989 novel Hunter, by William Pierce, the author of the infamous Turner Diaries (see 1978), will be dedicated to Franklin. The main character of the novel kills interracial couples in an attempt to foment a race war. [New York Times, 7/24/2002] The racist, white supremacist group Aryan Nations will give Franklin a medal for his actions. [Jackson Clarion Ledger, 2/25/2010]

Entity Tags: William Luther Pierce, Aryan Nations, Larry Flynt, Ku Klux Klan, Vernon Jordan, Dorothy Otnow Lewis, Gerald Gordon, Joseph Paul Franklin

Category Tags: Anti-Semitic Rhetoric and Actions, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Law Enforcement Actions, Aryan Nations, Christian Identity, Ku Klux Klan, Rhetorical Violence, Shooting/Guns

Christian Identity (see 1960s and After) preacher and Posse Comitatus (see 1969) leader James Wickstrom (see 1975 - 1978) is charged with two counts of impersonating a public official. Wickstrom had named himself chief judge and municipal clerk of the “Tigerton Dells Township,” a Posse compound on the banks of the Embarrass River (see 1978 - 1983). Though Wickstrom defends himself as a “sovereign citizen” who is not obligated to obey the laws of the federal, state, and local government, prosecutor Douglas Haag counters: “[T]he question is whether or not a man with even marginal intelligence who can read and write the English language believes that he can put a fence around his back yard, set up a separate government, and call himself a public official.… [I]f [Wickstrom] has a sincere belief that he is a public officer within the laws of the state of Wisconsin, I’m the Easter Bunny.” Wickstrom is convicted and sentenced to the maximum of 13 and one-half months in jail. He will be released in 1985 and forbidden from any contact with Posse Comitatus activities for two years afterwards. [Southern Poverty Law Center, 12/2004] Wickstrom is also charged with running an illegal guerrilla training camp (see 1984). The Tigerton Dells debacle has a negative effect on the Posse Comitatus (see 1984).

Entity Tags: Douglas Haag, James Wickstrom, Posse Comitatus

Category Tags: Anti-Government Rhetoric and Action, Anti-Semitic Rhetoric and Actions, Anti-Tax Rhetoric and Actions, Faith-Based Rhetoric and Actions, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Christian Identity, Posse Comitatus, Robberies, Larcenies, Fraud, Etc.

Bruce Pierce, a member of the secretive white supremacist organization The Order (see Late September 1983), pleads guilty to passing counterfeit currency (see December 3-23, 1983). He believes he will receive a light sentence as this is his first criminal offense, but because he shows no remorse for his actions and refuses to divulge information about his connections to the Aryan Nations, he is sentenced to two years in federal prison. Instead of reporting to prison, Pierce holes up with Order leader Robert Jay Mathews and becomes a federal fugitive. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).

Entity Tags: The Order, Aryan Nations, Robert Jay Mathews, Bruce Carroll Pierce

Category Tags: Court Actions and Lawsuits, Aryan Nations, The Order

Richard Butler, the head of the white separatist and neo-Nazi organization Aryan Nations (see Early 1970s), is subpoenaed to testify before a grand jury in Seattle, as part of the federal effort to convict members of the violent white separatist group The Order (see Late December 1984 - April 1985). Butler escapes indictment, even though he has strong connections with The Order (see 1980-1982), and after the Order trial, denounces the Order members who testified against their former colleagues. [Southern Poverty Law Center, 2010]

Entity Tags: Aryan Nations, The Order, Richard Girnt Butler

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Aryan Nations, The Order, Death of Robert Jay Mathews

David Tate, one of two members of the now-defunct white supremacist group The Order to escape the government’s massive prosecution of its members (see Late December 1984 - April 1985), is stopped by two Missouri state troopers conducting random vehicle and license checks. He is trying to flee to a Christian Identity (see 1960s and After) survivalist compound called the Covenant, the Sword, and the Arm of the Lord (CSA). Tate opens fire on the two officers with a MAC-10 submachine gun, killing one and critically wounding the other. He is captured five days later hiding in a city park in Arkansas. He will be convicted of assault and murder, and sentenced to life without parole. Federal authorities will use the Tate incident to arrest the CSA leadership (see 1983); the organization will soon fold. [Anti-Defamation League, 2005; HistoryLink, 12/6/2006]

Entity Tags: David Charles Tate, The Order

Category Tags: Anti-Government Rhetoric and Action, Law Enforcement Actions, Court Actions and Lawsuits, Christian Identity, The Order, Shooting/Guns

Dennis Ryan, 15, helps his father torture and kill a man. Michael Ryan, a partially disabled farmer in Rulo, Nevada, has for three years followed the violent white supremacist teachings of the Posse Comitatus (see 1969) through Posse leader James Wickstrom (see 1975 - 1978), who in 1982 told him to prepare for Armageddon. After speaking to Wickstrom for the first time in Kansas, Ryan told his son to quit playing football and begin practicing with a rifle. Wickstrom adopted Ryan as something of a protege, and steered some of his supporters towards him, making him a leader in local Posse circles. In 1985, Dennis, on his father’s orders, shoots James Thimm in the face. His father had become angry with Thimm. When Thimm does not die, the elder Ryan chains him inside a hog shed, kicks and beats him, and forces him to have sex with a goat. Dennis, again complying with his father’s orders, shoots off Thimm’s fingers and partially skins him. The elder Ryan sodomizes Thimm with a shovel and finally kicks him to death. The entire procedure takes two weeks. In 2001, Dennis Ryan will tell a reporter: “I don’t hold Wickstrom responsible for the crime I committed. I hold him responsible for getting my dad into it.… Wickstrom didn’t make my dad kill anybody, but he planted the seed. He planted it in my dad and then he helped it grow.” Author Daniel Levitas will agree, telling the reporter, “There could not have been the tragedy in Rulo if there was not a James Wickstrom.” Dennis Ryan wil add: “He was looking for something to believe in. He didn’t like blacks to begin with. I don’t think he was ever a popular person growing up. I think that it was the right time for the wrong thing. He was weak and you don’t let someone indoctrinate you into something like that unless you are weak-minded. He was all screwed up.” Former Covenant, Sword and Arm of the Lord member Kerry Noble will say of Wickstrom: “[He] is dangerous to the extent of provoking others. He is typical of leaders. They won’t do violent stuff, yet that’s all they’ll preach. They’ll push buttons, but they are extremely cowardly.” Dennis will recall: “Jim Wickstrom was the reason Dad got into this stuff. He’s the one who showed Dad how to talk to Yahweh, the reason we started getting guns and preparing for Armageddon. He was always so amazed at all the weaponry and how well Jim Wickstrom and his followers in Tigerton Dells (see 1978 - 1983) were armed.” After moving from Whiting, Kansas, to a farm in Rulo, Ryan ordered his family to steal farm equipment, livestock, and weapons in the name of Yahweh. Dennis will recall that the crimes were based on Wickstrom’s teachings, saying: “We were supposed to kill all Satan’s people. Dad was supposed to be the King of Israel and I was the Prince. He was supposed to die before the New Jerusalem was brought down from Yahweh, and then I’d be the king. I believed it 110 percent. All the way. Hell, I helped kill a man for it, and I never once questioned it.… Wickstrom wasn’t physically a constant presence in our lives, he wasn’t over all the time at the house or always on the phone with my dad, but he was there in that he was Dad’s teacher. We had all of his fliers and cassettes. Dad would even listen to Wickstrom while he was taking the garbage out.” Dennis will say that by 1985 Ryan had become obsessed with religious fervor and his conviction that Armageddon was imminent. He became more and more violent, focusing much of his rage on Luke Stice, the five-year-old son of follower Rick Stice, whom he savagely abused until March 1985, when he broke Luke’s neck. Rick Stice helped Ryan bury his child. Dennis will serve a 12-year prison sentence for his role in the death of James Thimm. Michael Ryan will be sentenced to death. Dennis, after serving his sentence, starting a family, and becoming a carpenter, will have no further contact with his father. He has little trust in organized religion. He says: “I look at the Bible and it scares me because I know how people twist it and use it for their own benefit. I don’t want some man up there telling me what God expects of me. I was told that before, and I killed someone.… So many people interpret the Bible so many different ways. I mean, take 9/11. That’s their religious beliefs. They’re no different than what my dad did except they actually carried it out. As far as killing thousands of people—that was his goal, too.” [Southern Poverty Law Center, 12/2004]

Entity Tags: Rick Stice, Daniel Levitas, Dennis Ryan, James Thimm, Kerry Noble, Luke Stice, Posse Comitatus, James Wickstrom, Michael Ryan

Category Tags: Anti-Government Rhetoric and Action, Anti-Semitic Rhetoric and Actions, Anti-Tax Rhetoric and Actions, Faith-Based Rhetoric and Actions, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Christian Identity, Posse Comitatus, Beatings/Mobs, Other Violence

The trial of 21 members of the white supremacist group The Order begins in a US district court in western Washington State (see Late December 1984 - April 1985). The trial judge is Walter T. McGovern. Eleven of the defendants decide to plead guilty and several agree to serve as government witnesses. The trial lasts into December 1985; 338 witnesses testify, and over 1,500 exhibits are presented. The defense attempts to discredit the Order members who turn state’s evidence, accusing them of creating a “self-serving fabric of lies,” and the prosecution of “trial by gossip.” Jurors will later tell news reporters that the most compelling evidence in the trial comes from the former Order members. The jury, composed of eight white women and four white men, deliberates for two weeks before issuing its verdict on December 30. All 10 defendants are found guilty of racketeering and conspiracy. Six are found guilty of other federal crimes. Judge McGovern will hand down stern sentences, ranging from 40 to 100 years in federal detention. [HistoryLink, 12/6/2006] Many of those convicted will remain unrepentant during their prison stays, and are viewed by radical right-wing extremists as “prisoners of war” and “heroes.” [Eye on Hate, 2003] Two other Order members, David Tate (see April 15, 1985) and Richard Scutari (see March 19, 1986), escape the Washington prosecution.

Entity Tags: Richard Scutari, David Charles Tate, The Order, Walter T. McGovern

Category Tags: Federal Government Actions, Court Actions and Lawsuits, The Order

Richard Scutari.Richard Scutari. [Source: Richard Scutari / Eye on Hate (.com)]Richard Scutari, one of two members of the now-defunct white supremacist group The Order to escape the government’s massive prosecution of the group’s members (see Late December 1984 - April 1985), is arrested without incident at a brake shop in San Antonio, Texas, where he has worked for months; he is carrying a .45 caliber pistol but does not use it. Scutari has been on the FBI’s Most Wanted List since September 1985. He will plead guilty to racketeering, conspiracy, and armed robbery charges, and will be sentenced to 60 years in federal prison. During his trial, he will tell the court, “I had no choice but to strike out against a satanic government.” Scutari will become a hero of the radical right while in prison, some of whom will call him a “prisoner of war.” [Eye on Hate, 2003; HistoryLink, 12/6/2006]

Entity Tags: The Order, Richard Scutari

Category Tags: Anti-Government Rhetoric and Action, Law Enforcement Actions, Court Actions and Lawsuits, The Order, Rhetorical Violence

National Organization for Women logo.National Organization for Women logo. [Source: National Organization for Women]The National Organization for Women (NOW) files a lawsuit against Joseph Scheidler, Scheidler’s organization Pro-Life Action Network (PLAN—see 1980), and other anti-abortion organizations. NOW is joined in the suit by the Delaware Women’s Health Organization and the Pensacola Ladies Center (see March 26, 1986), and later the Summit Women’s Health Organization (see 1986). The lawsuit is part of a strategy devised by NOW president Eleanor Smeal to use federal antitrust laws to charge Scheidler and others with being part of a nationwide criminal conspiracy to close women’s health clinics through the use of violence and terror. The suit becomes known as NOW v. Scheidler. [National Organization for Women, 9/2002; Ms. Magazine, 12/2002] The lawsuit seeks a nationwide injunction to stop the clinic invasions, and asks the courts to make those responsible for the attacks pay for the damage they caused. In 2002, the future president of NOW, Kim Gandy, will say of the lawsuit: “NOW decided we had to stop the violence. Scheidler and his gang were calling in blitzes—they would attack clinics without warning and hold staff and patients hostage. Clinics were being blockaded and invaded. If we did not act, we thought clinics would not be able to stay open.” NOW attorney Fay Clayton will say the case seeks “to ensure that the constitutional right [to abortion] recognized [in 1973] would exist not just in theory, but in reality.” According to a 2002 Ms. Magazine report, the case only targets anti-abortion protesters who engage in criminal acts such as criminal trespass, assault, and conspiracy to block access to clinics. It makes no effort to halt peaceful protests as protected by the First Amendment. The lawsuit claims that PLAN and others engaged in what the federal racketeering law prohibits: namely, a “pattern of racketeering activity,” including the use of fear, force, and violence, in order to prevent people from receiving and providing legal abortions. Clayton maintains that the actions met the legal definition of organized crime. [Ms. Magazine, 12/2002]

Entity Tags: Summit Women’s Health Organization, Fay Clayton, Eleanor Smeal, Delaware Women’s Health Organization, Joseph Scheidler, Pro-Life Action League, Kim Gandy, Pensacola Ladies Center, National Organization for Women

Timeline Tags: US Health Care, Domestic Propaganda

Category Tags: Abortion-Based Rhetoric and Actions, Court Actions and Lawsuits, PLAL

Richard Butler, the head of the white separatist and neo-Nazi organization Aryan Nations (see Early 1970s), is indicted, along with 12 of his followers and fellow racists, by a federal grand jury for seditious conspiracy to overthrow the government by violence, conspiring to kill federal officials, and transporting stolen money across state lines. The sedition was allegedly developed at a 1983 Aryan Nations Congress meeting (see 1981 and After). The case is tried in Fort Smith, Arkansas, before an all-white jury. The goverment is unable to prove the case, and Butler and his fellow defendants are all acquitted. The judge refuses to accept the jury’s statement that it is deadlocked on two counts, a ruling that leads to the blanket acquittals. Other white supremacists acquitted in the trial are Louis Beam (see February 1992), Richard Wayne Snell (see 9:00 p.m. April 19, 1995), and Robert Miles. US Attorney J. Michael Fitzhugh says he believes the prosecution proved its case, but “we accept the verdict of the jury.” Six of the defendants are serving prison terms for other crimes. The prosecution says Butler, Beam, Miles, and the other 10 defendants had robbed banks and armored trucks of $4.1 million, including about $1 million that still is missing. The defense countered that the prosecution’s case was based on conspiracy theories given by the prosecution’s chief witness, James Ellison, an Arkansas white supremacist serving 20 years for racketeering. During the proceedings, Butler undergoes quadruple bypass surgery and a second surgery to unblock his carotid artery, all at government expense. [Associated Press, 4/8/1998; Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010] Some time after the trial, one of the jurors marries one of the defendants, David McGuire. [Kaplan, 2000, pp. 19]

Entity Tags: Richard Wayne Snell, Robert Miles, Richard Girnt Butler, James Ellison, Louis R. Beam, Jr, J. Michael Fitzhugh, Aryan Nations, David McGuire

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Aryan Nations, Robberies, Larcenies, Fraud, Etc., Shooting/Guns

The National Organization for Women (NOW) expands its NOW v. Scheidler lawsuit against anti-abortion activists to include Randall Terry and Operation Rescue, a “spin-off” organization (see 1986) of another defendant in the lawsuit, the Pro-Life Action Network (PLAN—see 1980 and 1986). Terry and Operation Rescue routinely blockade abortion clinics, sometimes using physical force. [National Organization for Women, 9/2002]

Entity Tags: Randall Terry, Operation Rescue, Pro-Life Action League, National Organization for Women

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Operation Rescue, Court Actions and Lawsuits

The National Organization for Women (NOW) expands its lawsuit against anti-abortion advocates (see June 1986), adding charges of extortion and violation of federal racketeering laws. NOW brings charges under the Racketeering Influenced and Corrupt Organizations (RICO) Act, a law originally designed to address organized crime. [National Organization for Women, 9/2002]

Entity Tags: National Organization for Women

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Court Actions and Lawsuits

A court dismisses a lawsuit, NOW v. Scheidler, brought by the National Organization for Women against anti-abortion advocates (see June 1986). [National Organization for Women, 9/2002] The lawsuit will be reinstated five years later (see September 22, 1995).

Entity Tags: National Organization for Women

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Court Actions and Lawsuits

George Loeb.George Loeb. [Source: World Church of the Creator]George Loeb, a minister for the white supremacist Church of the Creator (COTC—see 1973 and 1982-1983), is arrested and charged with murdering African-American Gulf War veteran Harold Mansfield Jr. in a Neptune, Florida, parking lot two weeks ago.
Confrontation and Murder - Loeb nearly sideswept Mansfield’s car in the parking lot of a local shopping center, and Mansfield honked his horn at Loeb. The two argued before Mansfield drove away. Loeb then drove to a convenience store, where he bought two six-packs of beer, gave the cashier a card reading “White People Awaken. Save the White Race,” and, according to the cashier, angrily shouted racist epithets and statements while in the store. Meanwhile, Mansfield and a friend returned to the parking lot to confront Loeb. The two resumed their argument. [Anti-Defamation League, 1993; Anti-Defamation League, 7/6/1999; Southern Poverty Law Center, 9/1999] According to witnesses, Loeb provoked Mansfield with racial taunts and epithets. [New York Times, 5/19/2006] Mansfield brandished a brick, and Loeb pulled out a .25-caliber semiautomatic handgun. Mansfield attempted to retreat, but Loeb shot him in the chest. Loeb then fired at Mansfield’s friend, who fled to the grocery store to escape Loeb and call for help. By the time the friend returned to the car, Mansfield was almost dead. He died shortly thereafter.
Previous Arrests for Racially Motivated Altercations - After Loeb’s arrest, the press learns of a previous arrest in November 1990, when Loeb followed an African-American woman and her daughter, called the woman a racial slur, and threatened to shoot her. In January 1991, Loeb was arrested again for starting a fistfight with an African-American neighbor; he was charged with disorderly intoxication and resisting arrest. In April 1991, Loeb wrote a letter to the Fort Pierce Tribune stating his racist views (see April 1991). When they arrest him for Mansfield’s murder, police seize over 1,600 pages of personal correspondence and racist propaganda from Loeb’s apartment, including a document written to a Ku Klux Klan member that reads in part: “The frequent use of the word n_gger should lead to a widespread and violent black uprising that should give whites (and possibly police) the opportunity to kill large numbers of them with impunity. It is our feeling as Creators [COTC members] that shrinking the numbers of blacks worldwide is one of the highest priorities.”
Arrest in New York - Loeb and his wife Barbara left their Neptune condominium and fled Florida within hours of the shooting, assisted by fellow COTC member Steve Gabott Thomas. (Thomas is one of four Army soldiers convicted of raping and murdering a Vietnamese woman in 1966, a crime that formed the basis of the 1989 film Casualties of War. He served four years of a life sentence before being released on parole.) On June 6, 1991, the couple is arrested in Poughkeepsie, New York, after George Loeb assaults a grocery store security guard who caught him trying to steal a package of sandwich meat. Officers search their car and find two smoke bombs, a .22-caliber rifle with a scope and extra magazines, a 12-gauge shotgun, and approximately 1,000 rounds of assorted ammunition. Additionally, Barbara Loeb’s purse contains a handgun and ammunition.
Convictions - Barbara Loeb is arrested for weapons possession, and later sentenced to a year in prison. George Loeb is charged with murder and extradited to Florida. Loeb will claim that he killed Mansfield in self-defense, and will tell the jury that he contemplated fleeing to Canada because it is a “predominantly white country” where he might expect to be treated more impartially. He will be found guilty of first-degree murder and sentenced to 25 years without parole. Loeb will attempt to kill himself in the hours after his conviction; he will tell police, “I want to die because the whole world is an _sshole.” Thomas will be convicted of being an accessory after the fact to the murder and sentenced to a year’s probation, likely because he helped police in capturing the Loebs.
Martyrdom - COTC members will attempt to portray Loeb as a hero and martyr, claiming that he killed Mansfield in self-defense and is a hero of white people everywhere. However, COTC leader Ben Klassen will not publicly endorse the murder, telling a reporter: “I am no more responsible for [the murder] than the pope is responsible for all the Catholic felons in prison.… Not at all.” Klassen will also tell the reporter that Thomas, who aided the Loebs’ flight, will no longer be a COTC member. However, Thomas will continue to be a prominent member of COTC. [Anti-Defamation League, 1993; Anti-Defamation League, 7/6/1999; Southern Poverty Law Center, 9/1999]

Entity Tags: World Church of the Creator, George Loeb, Harold Mansfield, Jr, Steve Gabott Thomas, Barbara Loeb, Benhardt (“Ben”) Klassen

Category Tags: Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Law Enforcement Actions, WCOTC, Harassment and Threats, Shooting/Guns

The “Aryan Republican Army” (ARA) commits at least 22 bank robberies across America’s Midwest. The ARA is modeled after the violent white supremacist organization The Order (see Late September 1983), which had funded itself primarily through robbing armored trucks. For a time, the group’s headquarters is in Elohim City, Oklahoma (see 1973 and After). The ARA’s leaders claim to be dedicated to the “overthrow of the US government, the extermination of American Jews, and the establishment of an Aryan Republic” on the North American continent. Members are required to read the infamous Turner Diaries (see 1978), a novel depicting the overthrow of the US government by white separatists and the genocide of minorities. The robberies in all secure between $250,000 and $500,000 for the group.
Robbery Spree - During the height of their robbery spree, ARA members target a bank about once a month, hitting banks and financial institutions in Iowa, Wisconsin, Missouri, Ohio, Nebraska, Kansas, and Kentucky. Sometimes the robbers dress like construction workers and flee in junk cars bought specifically for the escape. Sometimes they leave fake bombs and smoke grenades to delay pursuit; sometimes they speak in foreign languages to confuse authorities. In a December 1994 heist, one robber wears a Santa Claus suit, shouts “Ho, ho, ho!” to customers, and leaves a bomb tucked in a Santa hat. During a March 1995 robbery, the robbers leave a pipe bomb in an Easter basket. On one occasion the robbers leave a copy of the Declaration of Independence in the ashtray of an abandoned getaway car. Sometimes they wear caps or bandannas bearing the logos of the FBI or the Bureau of Alcohol, Tobacco, and Firearms (BATF). On another occasion the robbers buy a getaway car, a Ford Fairlane, in the name of a retired FBI agent who had worked white supremacist cases in the Northwest; on the front seat of this car they leave an article about Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). When FBI agent Jim Nelson takes his speculations about the ARA public, group members send letters to several Midwestern newspapers mocking him and calling themselves the “Mid-Western Bank Bandits.”
Arrests and Convictions - By late 1995, federal and state authorities will arrest most ARA members; ARA leader Peter Kevin Langan will be convicted on multiple charges of bank robbery, and another ARA leader, Richard Guthrie, will commit suicide in prison after cooperating with authorities. Michael William Brescia and Kevin William McCarthy also cooperate with authorities in return for reduced sentences. Others convicted include Mark William Thomas and Scott Stedeford.
Promotional Video Gives Principles - In a two-hour promotional video made in January 1995 and called “The Armed Struggle Underground,” Langan, calling himself “Commander Pedro,” appears in a ski mask alongside others in fatigues brandishing weapons and fistfuls of cash. In the video, Langan says: “Our basic goal is to set up an Aryan republic.… Don’t mistake us for cultists. We, ladies and gentlemen, are your neighbors.” Langan also says the ARA supports “ethnic cleansing” similar to what the Serbians are carrying out in Kosovo. Another ARA member tells viewers that ARA intends to declare war on the American government and promises a “courthouse massacre.” In the video, ARA members state their principles: all racial minorities are subhuman, Jews are “Satan’s spawn,” whites of northern European descent are “chosen people,” and a United Nations-led “New World Order” (see September 11, 1990) threatens freedom in the United States. [Philadelphia Inquirer, 2/4/1997; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003; Nicole Nichols, 2003; New American, 11/28/2005]
Oklahoma City Bomber a Member - In 2001, the FBI will state that McVeigh was an ARA member. It is possible that money “laundered” by him shortly before the bombing (see November 1994) came from an ARA bank robbery. [Nicole Nichols, 2003]

Entity Tags: Michael William Brescia, Elohim City, Aryan Republican Army, Jim Nelson, Mark William Thomas, The Order, Scott Stedeford, Kevin William McCarthy, Richard Guthrie, Peter Kevin Langan, Timothy James McVeigh

Category Tags: Anti-Government Rhetoric and Action, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Law Enforcement Actions, Elohim City, Other Militias, Separatists, Robberies, Larcenies, Fraud, Etc.

Ben Klassen, the 74-year-old founder and leader of the Church of the Creator (COTC—see 1973 and 1982-1983), sells most of his North Carolina compound to William Pierce of the neo-Nazi National Alliance (see 1970-1974). Klassen fears that the COTC property will be seized as a result of a lawsuit filed in conjunction with a murder committed by a COTC official (see June 6, 1991 and After). [Southern Poverty Law Center, 9/1999]

Entity Tags: National Alliance, World Church of the Creator, William Luther Pierce, Benhardt (“Ben”) Klassen

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, National Alliance, WCOTC, Robberies, Larcenies, Fraud, Etc.

An image of a fraudulent ‘Freeman check’ signed by LeRoy Schweitzer.An image of a fraudulent ‘Freeman check’ signed by LeRoy Schweitzer. [Source: Anti-Defamation League]During this time period, over a dozen Montana anti-government tax resisters—the kernel of what will become the “Montana Freemen” movement (see 1983-1995)—establish themselves, creating what they term “common law courts” in Garfield and Musselshell Counties, and mounting a massive bank fraud scheme. [Billings Gazette, 3/25/2006]
Beliefs - According to a Washington Post article, the Freemen espouse a number of beliefs that directly contradict federal, state, and local laws. These are:
bullet All forms of organized government are illegitimate and have no right to perform duties routinely assigned to governments, from collecting taxes to requiring automobile licenses.
bullet Thusly, the Freemen can perform a multitude of actions, such as defying foreclosures, issuing arrest warrants, and even putting government officials on “trial.”
bullet They can also act as their own central banks and defraud the government, financial institutions, and area merchants.
Racist 'Christian Identity' Ideology - According to the Montana Human Rights Network and local citizens, most of the Freemen espouse some form of “Christian Identity” religious ideology, which claims that whites are inherently superior to other “inferior” races (see 1960s and After); they also hold radical anti-government views. [Washington Post, 4/1996; Washington Post, 4/9/1996; Billings Gazette, 3/25/2006] The Anti-Defamation League traces the roots of the Freemen ideology to the the Posse Comitatus movement (see 1969). [Mark Pitcavage, 5/6/1996] They call themselves “Freemen” because, in their view, white Christian males have special “Freemen” citizenship status, while non-whites, non-Christians, and women have second class status or worse. Freemen are above government prosecution and taxation. As US currency has no intrinsic value, any loans taken by Freemen need not be repaid. The US government is run by Jews and therefore has no legitimacy. “Common law” is the rule of the land. [New York Times, 6/15/1996] The Reverend Jerry Walters of Roundup, Montana, will later characterize the Freemen’s beliefs as a “bizarre distortion of the Christianity taught in most churches on Sundays.” (Rodney Skurdal will file a $100 billion lien against Walters after Walters refuses to alter his sermons to reflect Skurdal’s Christian Identity beliefs.) The Post will observe: “American history is littered with examples of how hard economic times produce hard-edged political splinter groups, but the Freemen of Montana are a particularly virulent strain. Their philosophy, a hodgepodge drawn from the Old Testament, the Magna Carta, the anti-tax Posse Comitatus of the 1980s, and a highly selective reading of the Constitution, is laced with racism and talk of a Jewish conspiracy, and puts them at the extreme of the Christian patriot movement.” Steven Gardner of the Coalition for Human Dignity will say: “The Freemen have, in effect, appointed themselves judge, jury and executioner. They are trying to form their own shadow government for a white Christian republic.” [Washington Post, 4/1996; Washington Post, 4/9/1996; Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006] “What’s driving them is their biblical and theological agenda,” Walters will say. “Their anti-government conspiracy theories, their anti-tax stance—they’re looking at these things through the lens of Christian Identity.” [Washington Post, 4/9/1996]
Fraudulent Liens - LeRoy Schweitzer and the others concoct a scheme to generate money by filing phony liens against various Montana property owners, or the Montana or US government. The liens have no value; however, once they are created, it takes time for bank computers to recognize them as invalid. During that “window” of time, the liens can be used to generate money transfers from unsuspecting banks. The Freemen file the liens and deposit fake money orders at other banks to be drawn upon the bank listing the lien. The money orders are usually signed by Schweitzer, though Skurdal, Daniel Petersen, and William Stanton (see October 17, 1994) also sign them on occasion. The money orders look quite official, though sometimes they deliberately spell the words “United States” with a lowercase “u.” The Freemen also issue bogus checks labeled “Certified Bankers Check—Controller Warrant,” instead of a bank name, along with account and lien numbers. Many checks are drawn against a non-existent account in a Butte, Montana, branch of the Norwest Bank. The checks state that they are also redeemable at the Office of the US Postmaster. The scheme is, on the whole, quite profitable. The Freemen also sell the money orders, advertising them to their fellow citizens as a quick means of getting out of debt. One distributor explains on a Web site: “LeRoy Schweitzer does have their [sic] own monetary system. When you attend their course on location, they will issue you CHECKS times two (biblical) to pay off all IRS debts and all loans to banks for no charge. They are having success in this area, but it is hard fight [sic].” One Omaha, Nebraska, county treasurer will later explain, “People see these and, if you’re a very unsuspecting person, they really do look authentic.” [Mark Pitcavage, 5/6/1996] Schweitzer, Skurdal, and Petersen are influenced by Roy Schwasinger, described by federal authorities as a right-wing con artist and head of the Colorado extremist group “We the People.” Schwasinger originated the financial schemes that the Freemen run. [New York Times, 6/15/1996]
Appointing Themselves as Legal Officials - The Freemen appoint themselves “justices,” issue “arrest warrants,” and flood local courts and counties with what the Billings Gazette will term “bogus documents.” One of the documents, written by the three Freemen leaders, Skurdal, Schweitzer, and Petersen, is interpreted by local law enforcement officials as a threat. It states: “We the Honorable justices, will not hesitate to use our Lawful force by whatever means necessary to fully support, protect, guarantee, and defend our (common) Law… and… Right of self governing as a free sovereign and independent state.” District Court Judge Peter Rapkoch calls the documents “a bucket of snakes.” In July 1994, one of the Freemen, Skurdal, is prohibited by court order from filing or recording any “frivolous” document with any Montana county clerk of court, clerk and recorder, or the secretary of state (see 1994); Montana Supreme Court Chief Justice Jean A. Turnage calls Skurdal’s filings “not only nonsensical but meritless, frivolous, vexatious, and wasteful of the limited time and resources of this court, of the clerk of this court, and of the various public officials and counsel that are forced to deal with and respond to Mr. Skurdal’s abuse.” Garfield County prosecutor Nick Murnion files misdemeanor charges of impersonating public officials against 13 residents and a felony charge of solicitation of kidnapping against Ralph Clark for a $1 million bounty posted around the county for court officers, the sheriff, and Murnion. Garfield County Sheriff Charles Phipps organizes a posse of about 90 local residents to come to the aid of his outmanned, outgunned three-person department (see January 1994). Murnion eventually files felony criminal syndicalism charges against Freemen members. US Attorney Sherry Matteucci works with local and state officials to share information on anti-government activities. “I think their purpose is to intimidate people and to cause chaos in governmental operations,” she says. [Washington Post, 4/9/1996; Chicago Tribune, 4/19/1996; Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006]

Entity Tags: Charles Phipps, Daniel Petersen, Montana Human Rights Network, LeRoy Schweitzer, Jerry Walters, Jean A. Turnage, William Stanton, Anti-Defamation League, Sherry Matteucci, Nick Murnion, Steven Gardner, Posse Comitatus, Peter Rapkoch, Rodney Owen Skurdal, Ralph Clark, Montana Freemen, Roy Schwasinger

Category Tags: Anti-Government Rhetoric and Action, Faith-Based Rhetoric and Actions, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen, Posse Comitatus, Harassment and Threats, Other Violence, Rhetorical Violence, Anti-Tax Rhetoric and Actions, Christian Identity

Members of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) of Topeka, Kansas, are charged with eight counts of criminal defamation and other charges by Shawnee County District Attorney Joan Hamilton, charges stemming from a number of what Hamilton says are abuses and crimes committed during protests held by WBC members (see June 1991 and After). WBC leader Fred Phelps, himself a lawyer (see 1985-1989), responds by filing three lawsuits against Hamilton alleging wrongful prosecution. A court invalidates the state defamation statute, blocks further prosecution of the WBC members in the cases, and awards the church $43,000 in legal fees. Years later, an appeals court will reinstate the defamation statute, but the statute of limitations will preclude most of the charges from being refiled. All of Phelps’s lawsuits against Hamilton will eventually be thrown out of court. A second set of defamation charges filed by Hamilton in 1996 will be dropped for technical reasons. [Southern Poverty Law Center, 4/2001] The church takes revenge against Hamilton in a more personal way, somehow securing a copy of a private email from her to her husband discussing both of their extramarital affairs and making the email public. [Southern Poverty Law Center, 4/2001]

Entity Tags: Fred Waldron Phelps, Westboro Baptist Church, Joan Hamilton

Category Tags: Gender-Based Rhetoric and Actions, Court Actions and Lawsuits, Law Enforcement Actions, Westboro Baptist Church

Rodney Skurdal, a leader of the “Montana Freemen” movement (see 1993-1994), files a 20-page treatise with a Montana court that claims the Freemen are the descendents of the true Anglo-Saxon “chosen people,” and that the land occupied by the United States was promised to them by God. Skurdal, who signs the document “the honorable Justice Rodney O. Skurdal,” writes: “In reading the Bible, one must understand that there are ‘two seed lines’ within Genesis. It is the colored people, and the Jews, who are the descendants of Cain… when We move into a new land, We are to kill the inhabitants of all the other races… nor are We to allow the other races to rule over us.” Skurdal writes extensively of the Freemen’s opposition to governmental rule of any sort, justifying it by referencing his interpretation of Biblical teachings: “We, Israel, must obey God only; not man-made laws by our purported Congress and state legislators and/or the United Nations, under the purported ‘new world order’ i.e., ‘Satan’s laws.’” Skurdal adds that taxes, marriage licenses, driver’s licenses, insurance, electrical inspections, and building permits are all instruments of Satan’s law. He writes that the “land of milk and honey” bequeathed by God to whites is actually the territory now considered the United States, and notes, “If we the white race are God’s chosen people… why are we paying taxes on ‘His land.’” Michael Barkun, a Syracuse University professor and expert on radical Christian ideologies, will call Skurdal’s treatise “pure Christian Identity” (see 1960s and After). This theological claim to land, Barkun will say, goes further than a lot of other Identity adherents do. “What’s unusual here is that this isn’t simply a kind of collective granting of a piece of soil by God to his people, but it’s a kind of literal granting of ownership and control: Because we are his people and this is his land, no one can tell us what to do with it,” Barkun will observe. [Washington Post, 4/9/1996; Chicago Tribune, 4/19/1996] Skurdal has come to the notice of Montana legal authorities before. At one point he had legal actions going simultaneously in every one of Montana’s 56 counties. He has succeeded in getting to the Montana Supreme Court three times over traffic tickets. When the state judiciary ruled that Skurdal’s legal filings were frivolous and could not be accepted without being signed by a lawyer, Skurdal merely mailed his writs and documents to out-of-state agencies, which, assuming the documents were misdelivered, returned them to Montana authorities, where they were filed. After four years of dealing with Skurdal’s legal court cases, Musselshell County Attorney Vicki Knudsen quit her job. One of Skurdal’s filings was a “Citizens Declaration of War” which claimed foreign agents were surreptitiously infesting “the country of Montana.” Another accused county officials of attempting to help institute a New World Order (see September 11, 1990). “Once a court accepts one of these asinine Freemen things,” Knudsen later says, “it’s in the system. Everybody named in it becomes involved [and] has to respond. It’s not funny. It’s not romantic. It’s scary.” Knudsen is referring to the threats issued by Skurdal and his fellow Freemen towards herself and other county officials over their filings. [Mark Pitcavage, 5/6/1996]

Entity Tags: Montana Supreme Court, Michael Barkun, Montana Freemen, Vicki Knudsen, Rodney Owen Skurdal

Category Tags: Anti-Government Rhetoric and Action, Faith-Based Rhetoric and Actions, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Montana Freemen, Rhetorical Violence, Anti-Tax Rhetoric and Actions, Christian Identity

The Southern Poverty Law Center (SPLC) files a lawsuit against the Church of the Creator (COTC—see 1973 and Early 1992 - January 1993) on behalf of the family of Harold Mansfield, the black war veteran murdered by a COTC member (see June 6, 1991 and After). Group leader Richard “Rick” McCarty does not contest the suit, and the Mansfield family is awarded a $1 million default judgment. The SPLC will file a related lawsuit against William Pierce, the neo-Nazi group leader who took possession of much of the COTC’s land and property in order to keep it from any such judgment on behalf of Mansfield; a court will find in favor of Mansfield and levy a judgment for $85,000 against Pierce, the profit he realized after selling the COTC property (see July 1992 and Mid-May, 2006). [Southern Poverty Law Center, 9/1999]

Entity Tags: William Luther Pierce, World Church of the Creator, Harold Mansfield, Jr, Richard (“Rick”) McCarty, Southern Poverty Law Center

Category Tags: Court Actions and Lawsuits, WCOTC, Shooting/Guns

A poster issued by the Freemen placing a $1 million bounty on the head of Garfield County Attorney Nick Murnion.A poster issued by the Freemen placing a $1 million bounty on the head of Garfield County Attorney Nick Murnion. [Source: Anti-Defamation League]Frustrated at the foreclosure of their farm, the Clark family of Jordan, Montana (see 1980s-1994), takes part in an armed takeover of the local county courthouse. The assault is carried out by a group of Montana Freemen (see 1993-1994), an anti-government, tax-resister group recently joined by members of the Clark family. The Clarks set up their own “common law” court, and join some three dozen Freemen in taking over Garfield County’s courthouse. They hold a meeting declaring themselves the county government. Presiding at the meeting are two of the Freemen founders, Rodney Skurdal and Daniel Petersen (see 1983-1995). Richard Clark is the presiding judge. The “court” charges the real judge, and others whom the Clarks feel have persecuted them, with contempt. Richard Clark tells the 30 people, “We’ve opened our own common law court and we have the law back in the county now.” They even videotape the meeting. Within days, posters appear around Jordan, offering a $1 million bounty for the arrest of the Garfield sheriff, county attorney, and judge. A rather bemused Sheriff Charles Phipps asks one of the Freemen if he would get the bounty if he turned himself in. The Freeman replies he would get the money, he wouldn’t live long enough to enjoy it: he’d be “tried, convicted, and hung.” Phipps’s amusement drains quickly, but he realizes there is little he can do: he has one deputy and a two-cell jail and little more. He realizes that if he intends to force the Clarks off of their farm, he will require outside help. [Mark Pitcavage, 5/6/1996]

Entity Tags: Daniel Petersen, Charles Phipps, Richard Clark, Montana Freemen, Rodney Owen Skurdal

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen, Harassment and Threats, Other Violence, Anti-Tax Rhetoric and Actions

A group of Montana Freemen (see 1993-1994) file a $50 million lawsuit against Governor Marc Racicot (R-MT) and Garfield County Sheriff Charles Phipps (see April 1994), alleging violation of their civil rights. The claims are signed by William L. Stanton as the “honorable justice” of a “common law Supreme Court.” [Billings Gazette, 3/25/2006]

Entity Tags: Charles Phipps, Montana Freemen, William L. Stanton, Marc Racicot

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen, Other Violence, Rhetorical Violence

The Montana Freemen (see 1993-1994), emboldened by their recent successes in Jordan, Montana (see January 1994 and April 1994), issue “subpoenas” against Montana’s two senators, its state supreme court justices, and the district judge. The next month, in response to an upcoming trial of five Freemen charged with impersonating public officials, they mail letters to 45 prospective jurors that threaten them and their property if they convict the Freemen. Garfield County Attorney Nick Murnion finds an old, rarely used law, “criminal syndicalism,” which defines as a felony the advocacy of violence or terrorism for political purposes, and that was originally used against left-wing labor protesters, to use against the Freemen (see October 17, 1994). The crime carries a 10-year prison sentence. [Mark Pitcavage, 5/6/1996]

Entity Tags: Nick Murnion, Montana Freemen

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen, Harassment and Threats, Other Violence

William L. Stanton, a 64-year-old rancher and self-styled “justice” of a “common law Supreme Court” (see April 23, 1994), is arrested in Billings, Montana, on felony criminal syndicalism charges. The rarely-invoked criminal syndicalism statutes make it a crime to defend, advocate, or set up an organization committed to the use of crime, violence, sabotage, or other unlawful means to bring about a change in the form of government or in industrial ownership or control (see June-July 1994). [Mark Pitcavage, 5/6/1996; Encyclopedia.com, 2005; Billings Gazette, 3/25/2006] Stanton will be convicted, sentenced to 10 years in prison, and fined $10,000 (see February - March 1995).

Entity Tags: William L. Stanton, Montana Freemen

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen

John McLaughlin, who will become a close friend of white supremacist church leader Matthew Hale (see July-December 1995), is sentenced to two and one-half years’ probation after officials discover an arms stockpile meant for the “ultimate race war.” [Southern Poverty Law Center, 9/1999]

Entity Tags: John McLaughlin, World Church of the Creator, Matthew Hale

Category Tags: Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, WCOTC, Shooting/Guns

Benjamin Phelps, the grandson of Fred Phelps, the leader of the notoriously anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After), spits on a passerby during a protest by the church (see June 1991 and After). Benjamin Phelps is convicted of a charge of misdemeanor battery. Other WBC members found innocent in two similar cases file lawsuits against the original complainants. Another Phelps family member, Jonathan Phelps, is convicted of disorderly conduct after verbally assaulting passersby at another protest; he stood outside a theater waving a sign proclaiming “Fags: The pr_ck goes up the _ss” and screaming at passing children, “Did your daddy stick his pr_ck up your _ss last night?” His original conviction is overturned due to a legal technicality, but he is convicted in a second trial. Fred Phelps is also convicted of disorderly conduct in related incidents, when he spoke in an abusive manner to members of a birthday party hosted by local attorney John Hamilton. All of the incidents occurred outside a local restaurant in Topeka, Kansas (see March 26, 1993). Benjamin Phelps is given 12 months of probation and is required to write an essay about legally acceptable language. Fred Phelps is fined $1,000 and sentenced to 60 days in jail, but the sentences are suspended. All of the Phelpses unsuccessfully claim that they were victimized by selective prosecution and by judicial bias. [Topeka Capital-Journal, 5/24/1997; Southern Poverty Law Center, 4/2001; Global Oneness, 2011]

Entity Tags: John Hamilton, Benjamin Phelps, Fred Waldron Phelps, Jonathan Phelps, Westboro Baptist Church

Category Tags: Gender-Based Rhetoric and Actions, Court Actions and Lawsuits, Westboro Baptist Church, Harassment and Threats, Rhetorical Violence

Montana Freeman William Stanton is convicted on charges of criminal syndicalism (see June-July 1994 and October 17, 1994). Stanton, an elderly rancher whose property suffered foreclosure in 1993, joined the Freemen after Freemen leader LeRoy Schweitzer offered him a $3.8 million loan to cover the foreclosure debt (see 1993-1994). The loan was worthless, but instead of reacting angrily to Schweitzer’s fraudulent loan offer, Stanton blamed the local and federal government for his predicament. As an increasingly active Freeman, Stanton has issued fraudulent money orders, offered a $1 million bounty for Garfield County officials (see January 1994), and threatened to hang the Garfield County sheriff from a bridge. Stanton is sentenced to 10 years in prison and ordered to pay a $100,000 fine. The FBI learns that the Freemen might be planning to retaliate against Garfield County Attorney Nick Murnion, who successfully prosecuted Stanton, Murnion’s fellow prosecutor John Bohlman, and the judge who sentenced Stanton, Roy C. Rodeghiero. The FBI informs the local sheriff that the Freemen intend to kidnap the judge, “try” him in their “court,” sentence him to death, and videotape his hanging. In response, Musselshell County puts reserve deputies in the courthouse to protect Rodeghiero and accompany him to and from work. On March 3, a Musselshell County deputy stops two Freemen, Dale Jacobi and Frank Ellena, for driving a pickup truck with no license. The deputy finds both are carrying concealed weapons without permits. A subsequent search finds a hand-drawn map of the town of Jordan, with the office and home of Murnion labeled. The truck contains a plethora of weapons and ammunition (including armor-piercing rounds), 30 sets of plastic-strip handcuffs, $60,000 in gold and silver, $26,000 in cash, duct tape, a video camera, a still camera, and radio telecommunications gear. The deputies are sure they have captured two of the intended kidnappers. That evening, three Freemen walk into the Musselshell County Jail and demand that the deputies on duty give them the items seized from the truck. Two other Freemen wait outside the jail. One deputy notices one of the Freemen concealing a handgun, and the two deputies manage to arrest him without incident. One of the arrested Freemen is John Trochmann, the founder of the Montana Militia (sometimes called the Militia of Montana, or MOM—see January 1, 1994); it is later learned that Trochmann has become something of a Freemen enthusiast. Deputy Orville Jones later says of Trochmann’s presence, “If this isn’t evidence that some type of evil intent was afoot, then I’m not a very good policemen.” Jones is sympathetic with the plight of Stanton and many of the other Freemen, but not of their tactics, saying: “My Grandpa lost his ranch during the Depression.… I go by that ranch every day, and I see the trees my Grandma planted, and I see where my dad was born. And it just tears at my heart. God, I understand them almost to the point that it scares me. But I do not tolerate crimes of violence.” The arrests bear little fruit. The sheriff’s office is bombarded with hundreds of phone calls, most threatening violence. Bohlman receives at least 40 of what he will call “straight-out death threats” against himself and his secretary. Bohlman’s secretary moves her daughter temporarily to Minnesota after one caller threatens the child. Many of the long-distance calls demand Trochmann’s immediate release and are clearly from Montana Militia members, though Montana Militia co-founder Randy Trochmann denies any connections between his group and the Freemen. A judge will throw out most of the charges against Trochmann and the six Freemen, because of irregularities in the search procedures. Ellena and Jacobi jump bail. [Mark Pitcavage, 5/6/1996]

Entity Tags: Montana Militia, John Bohlman, Frank Ellena, Dale Jacobi, John Trochmann, Montana Freemen, LeRoy Schweitzer, William L. Stanton, Nick Murnion, Orville Jones, Roy C. Rodeghiero, Randy Trochmann

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen, Montana Militia, Harassment and Threats, Kidnapping, Other Violence, Shooting/Guns

Richard Wayne Snell, a right-wing extremist who helped concoct plans to blow up the Murrah Federal Building in Oklahoma City in 1983 (see 1983), is executed in prison some 12 hours after Timothy McVeigh detonates a fertilizer bomb outside that same building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Snell is affiliated with the far-right groups Aryan Nations (see Late 1987 - April 8, 1998) and the Covenant, Sword and Arm of the Lord, and has connections to the now-defunct violently extremist group The Order. Snell was convicted of two murders: the 1983 robbery and murder of Texarkana pawnbroker William Stumpp (whom Snell wrongly believed was Jewish), and the shooting death of a black state trooper, Louis Bryant, who in 1984 pulled Snell over for a traffic violation near De Queen, Arkansas; Snell shot Bryant as he approached his vehicle, then shot him to death as he lay on the ground. (In his trial, Snell argued that he killed Bryant in self-defense.) He fled the scene of Bryant’s murder and was chased to Broken Bow, Oklahoma, where he was wounded and subdued by officers. In his car, those officers found the gun Snell used to murder Stumpp. Snell now terms himself a “prisoner of war.” Right-wing paramilitary groups have protested his execution, calling him a “patriot,” and term the federal government “the Beast.” Snell, who has published a periodic white supremacist newsletter, “The Seekers,” was the focus of a March 1995 issue of another organization’s newsletter, the Montana Militia, which reminded its readers that Snell’s execution was set for April 19, stating: “If this date does not ring a bell for you then maybe this will jog your memory. 1. April 19, 1775: Lexington burned; 2. April 19, 1943: Warsaw burned; 3. April 19, 1992: The fed’s attempted to raid Randy Weaver, but had their plans thwarted when concerned citizens arrived on the scene with supplies for the Weaver family totally unaware of what was to take place (see August 31, 1992 and August 21-31, 1992); 4. April 19, 1993: The Branch Davidians burned (see April 19, 1993 and April 19, 1993 and After); 5. April 19, 1995: Richard Snell will be executed—unless we act now!!!” The Montana Militia’s plan of action was to flood the Arkansas governor’s office with letters protesting Snell’s execution. Snell’s jailers later say that for the last four days, Snell has predicted something “big” would happen on the day of his execution (see (April 1) - April 18, 1995). On his last day, Snell is allowed a visit by Elohim City founder Robert Millar (see 1973 and After), his “spiritual advisor,” where they watch the events of the Oklahoma City bombing unfold on television. Snell reportedly chuckles over the bombing, though Millar will say Snell is “appalled” by the reports. Snell’s last words are a threat directed to Arkansas Governor Jim Guy Tucker (D-AR), as he is being strapped to a gurney for execution by lethal injection. “Governor Tucker, look over your shoulder,” Snell says. “Justice is coming. I wouldn’t trade places with you or any of your cronies. Hail the victory. I am at peace.” McVeigh will not mention Snell, and there is no evidence linking Snell or his colleagues to the Oklahoma City bombing. [New York Times, 5/20/1995; Stickney, 1996, pp. 161-162; Time, 2/24/1997; Douglas O. Linder, 2001; Anti-Defamation League, 8/9/2002] Snell’s widow will later say she has no reason to believe her husband had anything to do with the bombing. [Stickney, 1996, pp. 271] Millar brings Snell’s body back to Elohim City for internment. [Serrano, 1998, pp. 270]

Entity Tags: Montana Militia, Jim Guy Tucker, Covenant, Sword, and Arm of the Lord, Aryan Nations, Louis Bryant, Richard Wayne Snell, Robert Millar, William Stumpp, Timothy James McVeigh, The Order

Category Tags: Anti-Government Rhetoric and Action, Faith-Based Rhetoric and Actions, Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, Aryan Nations, Montana Militia, Other Militias, Separatists, The Order, 1995 Oklahoma City Bombing, Robberies, Larcenies, Fraud, Etc., Shooting/Guns

El Reno Federal Corrections Center.El Reno Federal Corrections Center. [Source: Federal Bureau of Prisons]White supremacist Timothy McVeigh, held by federal officials on suspicion of being the Oklahoma City bomber (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is arraigned in a makeshift federal courtroom at Tinker Air Force Base near Midwest City, Oklahoma. He is arraigned before a federal magistrate on charges of maliciously damaging federal property. Merrick Garland, the head of the Justice Department’s criminal division in Washington, arrives in time to handle the hearing for the FBI. Garland is displeased by the lack of openness in the hearing, and arranges to have a dozen reporters in the “courtroom.” McVeigh, dressed in an orange jumpsuit and socks with no shoes, is led into the room and given a copy of the criminal complaint, or affidavit, against him. The affidavit is signed by an FBI agent, and in 14 paragraphs lays out the government’s case for holding McVeigh on suspicion of carrying out the bombing. The affidavit includes evidence given by Carl Lebron, McVeigh’s former fellow security guard (see April 20-21, 1995), though Lebron is not identified in the document. According to Lebron, McVeigh was “known to hold extreme right-wing views” and had been “particularly agitated” about the Branch Davidian debacle two years earlier (see April 19, 1993 and April 19, 1993 and After). The affidavit says McVeigh visited the site of the Davidian compound in Waco during the standoff (see March 1993), and later expressed “extreme anger at the federal government” and said the government “should never have done what it did.” Reporter Nolan Clay for the Daily Oklahoman later recalls: “He seemed like such a kid. I’ve covered courts for years, and I’ve seen hundreds of killers and usually they have an aura around them of being a killer. That look in their eyes. You can tell in their eyes they’re killers, and they are scary. But he looked like the kid next door. It’s true, that image about him. I was very surprised by that.” McVeigh enters no plea at the arraignment.
Transferred to Federal Prison - After the arraignment, McVeigh is transferred to the El Reno Federal Corrections Center, just west of Oklahoma City. [New York Times, 4/22/1995; Serrano, 1998, pp. 196-198] He is represented by two local lawyers, public defender Susan Otto and private attorney John Coyle, who has specialized in death penalty cases. [New York Times, 4/22/1995] At El Reno, McVeigh is held in a cell with thick glass walls eight feet high; Coyle has to shout through the glass so that McVeigh can hear him. [Stickney, 1996, pp. 223] According to law professor Douglas O. Linder, McVeigh tells Otto and Coyle, “Yes, I did the bombing.” Any such admission would be privileged and not divulged to law enforcement officials. [Douglas O. Linder, 2006]
Conditions of Incarceration - McVeigh refuses to provide any more information than his name, Army rank, and serial number, and allegedly tells investigators that he considers himself a prisoner of war. According to reporter Michelle Green, “The implication was clear: He saw himself as a revolutionary in the hands of the government he allegedly hoped to destroy.” [People, 5/8/1995] He will later deny reports that he considers himself a prisoner of war, and refused to give any information besides name, rank, and serial number (see June 26, 1995 and June 26, 1995). McVeigh is given the same privileges as most prisoners at El Reno, a medium-security federal facility: he is allowed to send and receive mail, read newspapers, receive visitors, and listen to the radio, though he has no television access. Reportedly during his time at El Reno he will receive at least four marriage proposals from women writing to him in prison. He will meet with his lawyers on a near-daily basis and will receive two visits from his father. He reads the Dallas Morning News and a number of right-wing publications, from the mainstream newspaper, the Washington Times, to the more extremist Spotlight, the John Birch Society’s New American, and a number of newsletters from militia leaders James “Bo” Gritz and Jack McLamb. [Stickney, 1996, pp. 194]

Entity Tags: Carl Edward Lebron Jr, John Coyle, Douglas O. Linder, Federal Bureau of Investigation, Tinker Air Force Base, El Reno Federal Corrections Center, Terry Lynn Nichols, Merrick Garland, Timothy James McVeigh, Michelle Green, Susan Otto, Nolan Clay

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing, Bombs and Explosives

Suspected Oklahoma City bomber Timothy McVeigh is transported from an Oklahoma jail cell to a helicopter, surrounded by police.Suspected Oklahoma City bomber Timothy McVeigh is transported from an Oklahoma jail cell to a helicopter, surrounded by police. [Source: The Oklahoman]White supremacist Timothy McVeigh, held in the Noble County Courthouse in Perry, Oklahoma, for misdemeanor weapons charges (see After 10:17 a.m. April 19, 1995), is identified as the FBI’s prime suspect in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), as “John Doe No. 1” depicted in police drawings (see April 20, 1995). According to Assistant District Attorney Mark Gibson, if the local judge had not been busy with a divorce case, McVeigh would have been arraigned and released the day before. “In most cases this guy would have been bonded out yesterday,” Gibson tells a reporter. “God was watching us.” Gibson learns of McVeigh’s status as the bombing suspect from Noble County Sheriff Jerry Cook, who is informed over the telephone by a BATF (Bureau of Alcohol, Tobacco and Firearms) agent in Washington, and is incredulous that the person being hunted throughout the nation (see After 10:00 a.m. April 19, 1995) is in his own rural courthouse. McVeigh is waiting outside a courtroom for his bail hearing and release; instead, Gibson escorts him back to his cell in an upper floor of the courthouse to await federal authorities. Cook shuts down the jail telephones and implements a security perimeter around the building. Judge Danny G. Allen, aware that McVeigh will soon be taken into federal custody, provides McVeigh a hearing on his traffic and weapons charges, and after listening to McVeigh denying ever doing anything illegal, sets McVeigh’s bail at $5,000 and sends him back to his cell. Shortly after noon, a group of FBI agents arrives in Perry via helicopter, with more on the way. By this time, many people in and around the courthouse are aware that McVeigh is the bombing suspect, and reporters are beginning to gather outside the courthouse. McVeigh attempts to telephone a local lawyer, but because Cook has shut the phones off, he is unable to get through. He angrily slams the phone down in its cradle, prompting jailer Farrell Stanley to later reflect that this moment is the only time anyone at the courthouse sees McVeigh display any emotion. (According to One of Ours, a 1998 book written about McVeigh and the bombing by Richard A. Serrano, McVeigh privately worries that he will be taken into FBI custody, tortured, and made to disappear without a trace.) [New York Times, 4/22/1995; Serrano, 1998, pp. 1-10]
Final Wait - Two FBI agents, James L. Norman Jr. and Floyd M. Zimms, arrive to take McVeigh into custody. One of them asks McVeigh if he knows why they are here, and McVeigh responds: “Yes. That thing in Oklahoma City, I guess.” McVeigh asks for a lawyer, and says he will give no more information save for name, age, and other routine information. “I will just give you general physical information,” he says. He refuses to respond to any further queries, instead listening to the increasingly loud and angry sound of the swelling crowd outside. He asks the agents, “Take me out the roof,” and explains that he wants to be taken out of the building via the roof. “Jack Ruby,” he says. “You remember what happened with Jack Ruby.” McVeigh is referring to the man who shot President Kennedy’s assassin Lee Harvey Oswald. McVeigh believes the Dallas police allowed Ruby to get close to Oswald, and does not want the same thing to happen to him. The agents refuse, but promise he will be well guarded, for his safety and that of his escorts. Senior FBI agent James Adams decides to take McVeigh out by a courthouse entrance, with the sheriff’s van backed up near the door. McVeigh and the surrounding agents and other officials will only be exposed to the crowd for a few minutes. Adams later says that he never thought to put a bulletproof vest on McVeigh. After another agent takes McVeigh’s fingerprints, McVeigh is brought back to his cell for one last, brief stay. On the way back, he sees news coverage of the crowd gathered around the courthouse. He tells fellow inmate Tiffany Valenzuela that he did not bomb the Murrah Federal Building, and says the sketch being circulated of the bombing suspects (see April 20, 1995) does not look like him. He asks Valenzuela to look out of her window and see if she can spot federal agents “on the roof” or “outside.” She advises him to relax, saying, “I’m sure they got the wrong man anyway.” He admits to being “kind of paranoid” because “everybody’s out there.” FBI agents take possession of McVeigh’s mug shot, his fingerprint card, booking receipts, clothing, and the mattress he slept on in his cell; the fingerprint card and other belongings will be tested for explosive residue.
Meeting with Local Lawyer - Local lawyer Royce Hobbs, who has been trying without success to meet with McVeigh, finally gets the meeting he has asked for after filing a petition with Judge Allen alleging that McVeigh is being held incommunicado. Allen allows the two to meet briefly, and Hobbs tells McVeigh to keep his mouth shut. [Stickney, 1996, pp. 191; Serrano, 1998, pp. 1-10]
Perp Walk - Federal agents take McVeigh out of his cell, place him in handcuffs and leg irons, and escort him out of the building. “I’m not scared,” McVeigh mutters to himself. “I’m not scared now.” He is escorted into the parking lot to the sheriff’s van. The crowd spots him and begins screaming imprecations: “Baby killer!” “Burn him!” “Rip his head off!” “Killer!” “Murderer!” and “B_stard!” McVeigh does not react, and shows no emotion during the brief “perp walk” to the van. He is taken to a helicopter and flown to Tinker Air Force Base outside of Oklahoma City. News broadcasts later show photographs and video of McVeigh being “perp walked” in an orange jumpsuit, surrounded by FBI agents as the crowd jeers and screams; these images are replayed thousands of times over the following days and months. [Washington Post, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; Stickney, 1996, pp. 179; Serrano, 1998, pp. 1-10; Douglas O. Linder, 2001] One onlooker, Darrin Rucker, tells a reporter, “They should give him a taste of his own medicine and put him inside a bomb and blow it up.” [Washington Post, 4/22/1995] McVeigh later says he was focused on looking for snipers in the crowd, moving his eyes in the Z-pattern he had learned in the Army. He later says he wasn’t afraid to die, but was intent on surviving to tell his side of the story. [CNN, 12/17/2007] He also later says he twice asked for a bulletproof vest, but was “ignored” by the jailers. His sister Jennifer McVeigh will express her anger at the media’s response to her brother’s appearance. “What would they have said about any look he had?” she will ask. “I mean, what do they want? You want him to walk out with a big smile on his face? What would they say about that? What kind of look do they expect from someone who has just been accused of a crime like that? I think the sun was shining in his eyes, first of all. He was squinting. I think that was part of it.… How would you like it if a bunch of people were staring at you, screaming ‘Baby killer!’ I don’t think you can assume a reason for everything. You can’t assume a reason for the way somebody looks at all times.” [Stickney, 1996, pp. 178-179] McVeigh will be arraigned in a federal court hearing at Tinker Air Force Base (see April 21, 1995).

Suspected Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is being held in the Oklahoma County jail in Oklahoma City, after being temporarily moved from a federal facility in El Reno, Oklahoma (see April 21, 1995). McVeigh is charged with destroying federal property, which can be a capital offense when the destruction leads to death. McVeigh’s lawyer John Coyle says he will seek to have the case moved to another city. “I can’t think of a case that could use a change of venue more than this one,” he says. [New York Times, 4/23/1995]

Entity Tags: Timothy James McVeigh, John Coyle

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

The court-appointed lawyers for suspected Oklahoma City bomber Timothy McVeigh, public defender Susan Otto and private attorney John Coyle (see April 21, 1995), ask to be taken off the case. Both Otto and Coyle say they knew people killed in the blast (including Coyle’s law partner Gloyd McCoy) and cannot be objective in defending McVeigh. Coyle’s family has been threatened by people who apparently do not want Coyle to defend McVeigh. “Someone in as much trouble as Mr. McVeigh is entitled to 100 percent commitment from his lawyer,” Coyle says. “I personally witnessed the carnage. I had a friend die in the explosion.” Witnessing the aftermath of the blast “call[s] me to question whether or not I could give 100 percent. I just don’t see how any lawyer in Oklahoma City can be objective about anything in this case.” Before asking to withdraw, Otto and Coyle file a motion to transfer the case out of Oklahoma (see April 22, 1995); Coyle says the motion is “very important for this young man, if he is to get a fair trial.” The motions are filed in Federal District Court in Oklahoma City, a building that was damaged in the bombing and has been closed until today, when it is opened solely to allow McVeigh’s lawyers to file their motions. Coyle says McVeigh “understands” his reasons for withdrawing. Coyle lost a friend and fellow lawyer, Mike Weaver, in the blast, and himself was in a county courtroom that was damaged by a slab of falling rock. Otto’s office was damaged, its windows blown out, and her car was crushed in a parking lot. Coyle says he will suggest replacements for himself and Otto. [New York Times, 4/22/1995; New York Times, 4/24/1995; Stickney, 1996, pp. 223-224; Indianapolis Star, 2003] On May 8, attorney Stephen Jones will be assigned to represent McVeigh (see May 8, 1995). [Indianapolis Star, 2003]

Entity Tags: Stephen Jones, Gloyd McCoy, Mike Weaver, Timothy James McVeigh, Susan Otto, John Coyle

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Terry Nichols and his brother James Nichols are charged by a Michigan federal court with conspiring to help suspected Oklahoma City bomber Timothy McVeigh build explosives at Terry Nichols’s farm in Michigan (see December 22 or 23, 1988). Judge Monti Belot rules that Terry Nichols will be held without bail, and will be transferred to Oklahoma City sometime after noon on May 5; the delay in the transfer gives Nichols’s public defender, Steven Gradert, time to file a possible appeal. (Gradert also alleges that when the FBI first interviewed Nichols—see 3:15 p.m. and After, April 21-22, 1995—he may not have understood his rights under the law.) The complaint, filed in a federal court in Michigan, does not directly link either of the brothers to the Oklahoma bombing. It does accuse both brothers of building what the complaint calls “bottle bombs” and of experimenting with other explosives with McVeigh in 1992 and 1994 (see April 2, 1992 and After, November 1991 - Summer 1992, October 12, 1993 - January 1994, October 12, 1993 - January 1994, and February - July 1994). Until today, both the brothers were held, not as suspects, but as material witnesses (see 3:15 p.m. and After, April 21-22, 1995); the conspiracy charges are designed to keep them behind bars until investigators can find more solid links between them and the bombing plot. An affidavit accompanying the complaint says that, like McVeigh, both Nichols brothers blamed the government for the 1993 Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After); authorities have alleged that part of McVeigh’s motivation for the bombing was revenge for the 1993 debacle (see April 24, 1995). An initial version of the affidavit says a witness, Daniel Stomber of Evergreen Township, Michigan, had heard James Nichols “stating that judges and President Clinton should be killed, and that he blamed the FBI and the ATF [Bureau of Alcohol, Tobacco and Firearms] for killing the Branch Davidians in Waco.” A revised affidavit made public later deletes that information. James Nichols’s lawyer, Miriam Siefer, calls the information in the affidavit “quite stale.” The complaint itself says that James Nichols informed federal agents that his brother and McVeigh had been at his Michigan farm off and on since December 1991. James also told agents that his brother had obtained survival books that had information about bombs, and said he believed McVeigh knew how to build a bomb. The affidavit says James has admitted to building small bombs with McVeigh and his brother, but denied ever buying ammonium nitrate, one of the key ingredients in the Oklahoma City bomb. However, the affidavit says all three men were known to possess quantities of fertilizer and fuel oil, the same materials used in the Oklahoma City bomb, and says that Terry Nichols admitted to FBI investigators that he had bought at least 100 pounds of ammonium nitrate in the recent past. The affidavit says a witness told agents that all three men built other devices made of prescription vials, black powder, blasting caps, and safety fuses, which they detonated in empty fields of James Nichols’s 500 acres. Shrapnel was found in the fields, the affidavit says. Investigators found 28 50-pound bags of ammonium nitrate fertilizer and a 55-gallon drum of fuel oil on James Nichols’s farm; both ingredients are common on many farms, but James Nichols has claimed to be an organic farmer and thusly would not ordinarily use such materials. The affidavit says that in December 1993, McVeigh used an alias to buy liquid nitro airplane fuel, which could be used with other chemicals to improvise explosives (see December 1993). The complaint and affidavit will be presented to a federal court in Wichita, Kansas, on April 26. James Nichols will be released a month later without bond; US District Judge Paul Borman will rule that the government failed to link him to the bombing (see May 22, 1995). [New York Times, 4/26/1995; Boston Globe, 4/26/1995; New York Times, 4/25/1996; Mickolus and Simmons, 6/1997, pp. 810-811]

Entity Tags: Monti Belot, Federal Bureau of Investigation, Dan Stomber, Miriam Siefer, William Jefferson (“Bill”) Clinton, Terry Lynn Nichols, Paul Borman, Steven Gradert, James Nichols, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

April 27, 1995: McVeigh Held without Bail

US magistrate Ronald L. Howland orders Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) held without bail. Howland rules there is “an indelible trail of evidence” linking McVeigh to the bombing, and orders him detained. FBI agent John Hersley testifies that at least three witnesses place McVeigh near the Murrah Federal Building minutes before the blast that almost destroyed the building and killed over a hundred people. Hersley also testifies that McVeigh’s clothing bore chemical residue that matched the explosives used in the blast. The hearing is held in the El Reno Federal Corrections Center instead of the usual courtroom setting because of security concerns, in a prison cafeteria converted for the purpose. Only lawyers, FBI agents, and a small number of journalists are present, along with McVeigh, who is heavily cuffed and shackled. Hersley testifies that one witness, a meter maid, saw someone she believes to be McVeigh driving a Ryder Rental truck similar to the one that detonated in front of the Murrah Building. A second witness, Hersley says, saw someone who he believes to be McVeigh walking away from the Ryder truck after parking it in front of the building. A third witness saw what he believes to be two men (see April 20, 1995) driving away from the scene of the blast in a yellow Mercury (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Hersley says that other witnesses saw McVeigh bring a Ryder truck to the Dreamland Motel in Junction City (see April 13, 1995), and saw him again in the truck a day before the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The other person to testify is trooper Charles Hanger, who arrested McVeigh on unrelated gun charges (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh’s lawyer John Coyle tells the judge that his client chooses to “stand mute” during the hearing, and later points out that none of the witnesses cited by Hersley actually saw McVeigh detonate the bomb. At the beginning of the hearing, both of McVeigh’s lawyers, Coyle and Susan Otto, again ask to be removed from the case (see April 24, 1995) because of their personal experiences with the bombing. “We heard it,” Otto tells Howland. “We smelled it. We lived there in it.” Otto lists the names of 10 people she and Coyle knew who were killed in the bombing. They both repeat their request that McVeigh’s trial be moved from Oklahoma City (see April 22, 1995). [New York Times, 4/27/1995; Serrano, 1998, pp. 223-224; Douglas O. Linder, 2001] Coyle will later tell reporters, “The reasons I accepted the appointment in the first place is that I’ve never seen anyone who needed a lawyer more than that boy did.” Now, however, “[t]his is a case where I know too many people. In a sense, I feel like a victim. Everyone in Oklahoma City feels like a victim. [McVeigh] deserves a lawyer who would have no hesitation in his defense.… If ever anyone needed a lawyer, it is this young man. And it should not be me.” [New York Times, 4/28/1995; Serrano, 1998, pp. 225]

Entity Tags: Federal Bureau of Investigation, Charles Hanger, El Reno Federal Corrections Center, Timothy James McVeigh, Ronald L. Howland, Dreamland Motel (Junction City, Kansas), Susan Otto, John Hersley, John Coyle, Murrah Federal Building

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Renowned defense lawyer Roy Black, who has refused to defend Timothy McVeigh.Renowned defense lawyer Roy Black, who has refused to defend Timothy McVeigh. [Source: USLaw (.com)]With accused Oklahoma City bomber Timothy McVeigh’s two court-appointed lawyers, John Coyle and Susan Otto, asking to be removed from the case (see April 24, 1995 and April 27, 1995), it is unclear who will step up to represent McVeigh. Oklahoma defense lawyer Allen Smallwood tells a reporter: “I’ve said to many people, the acid test of a criminal defense lawyer is could you represent Hitler or Adolph Eichmann? And, yes, I could have. But the publicity and the downside to my life personally would be far, far greater in representing McVeigh than Hitler.” McVeigh is widely regarded as a pariah, and many lawyers fear that to associate themselves with his case would do them irreparable personal and professional harm. Officials at the National Association of Criminal Defense Lawyers say they are confident he will have the best defense possible. America has a long tradition of providing expensive and talented lawyers to represent even the most reviled and unpopular clients, going back to 1770, when future president John Adams represented British soldiers accused of murdering five colonists. If new lawyers are appointed, as seems likely, they will be chosen by the Defender Services Division of the Administrative Office of the United States Courts in Washington. Indications are that several lawyers have already been contacted about the case or expressed an interest in it and that the National Association of Criminal Defense Lawyers is sounding out possible volunteers in case its help is sought. Oklahoma City defense lawyer Robert A. Manchester says bluntly: “The Sixth Amendment of the Constitution says everybody has a right to counsel. That doesn’t mean they have a right to me.” An American Bar Association ethics rule allows lawyers to turn down appointments if the client is “so repugnant to the lawyer as to impair the lawyer-client relationship.” A number of prominent defense lawyers have already said they would not defend McVeigh. Roy Black, the Florida lawyer who defended William K. Smith, a Kennedy family cousin, on rape charges, has refused, saying: “I find I do the best job in cases where I’m really interested in what I’m doing, and believe in the people and have enthusiasm for it. If no other lawyer was available to take the case, I think I would have the obligation to take it. I don’t think that’s the situation here.” White-collar defense lawyer Carl Rauh says he would not defend accused bombers such as McVeigh. Jack Zimmerman, who defended Branch Davidian Steve Schneider (see March 13, 1993), says he would not defend a client accused of treason unless he was personally convinced of the client’s innocence. Zimmerman’s colleague Richard DeGuerin, who defended Branch Davidian leader David Koresh (see March 13, 1993 and March 29-31, 1993), notes: “You have to understand that the information known about this case is what’s being fed to the public by the authorities. We found out in Waco the public was not being fed the truth.” Lawyers William Kunstler and Ronald Kuby, who have made their reputations defending high-profile, unpopular clients, say they only take clients from the political left or members of minorities whom they feel can be made to represent social issues. “We don’t represent right-wing murderers,” Kuby says. “If I wanted to represent right-wing murderers, I’d become a corporate lawyer.” Kuby says he does not believe that anyone from the American left would have committed such a violent crime. And Manchester notes the difficulty any lawyer will face in becoming involved in such a trial. “My estimate is that whoever gets into the case is going to be faced with 70- to 90-hour weeks solid for six to eight months at $40 an hour for out-of-court time,” he says. “You’re starting two leagues behind the government, and you’ll run all the way until the final day of trial to try and catch up.” Los Angeles defense lawyer Harland Braun, who earlier in his career prosecuted five members of the notorious Manson Family, says: “The government had better make sure they have good cases that are well documented. Otherwise, you’re not only going to create martyrs, but you’re going to create perpetual questions like the JFK thing: Did this guy really do it or was he part of a plot? So you’d better know what you’re doing.” [New York Times, 4/28/1995] McVeigh’s lead lawyer will be Stephen Jones (see May 8, 1995).

Entity Tags: Harland Braun, Timothy James McVeigh, William Kunstler, Allen Smallwood, Administrative Office of the United States Courts, Carl Rauh, Stephen Jones, Susan Otto, Ronald Kuby, National Association of Criminal Defense Lawyers, John Coyle, Jack Zimmerman, Roy Black, Robert A. Manchester, American Bar Association, Richard DeGuerin

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 24, 1995) disavows two Houston lawyers who say they have been hired by his family to represent them. One of the lawyers, Brent Liedtke, suggests McVeigh is being manipulated by his two current defense lawyers, who have said they do not wish to continue representing McVeigh (see April 24, 1995 and April 27, 1995). Liedtke goes on to accuse prison officials of denying him and his partner, Paul Looney, access to McVeigh. In a one-page “advisement to the court,” McVeigh says Looney and Liedtke have portrayed themselves as his lawyers against his wishes. He says he met briefly with them at the Federal Correctional Institution at El Reno, Oklahoma, on April 27 and told them he did not want them on the case. “Any statements made by Messrs. Looney and Liedtke to the contrary are false and unauthorized,” McVeigh’s statement reads in part. “I do not now, nor did I ever, desire their representation in this matter.” McVeigh’s “advisement” is filed by his current lawyers, Susan Otto and John Coyle. Liedtke states that he doubts McVeigh wrote the document, saying: “I don’t think he uses words like ‘Messrs’ and like this. This is not the way he talks.” Liedtke says McVeigh’s sister Jennifer (see April 24, 1995) retained Looney. [New York Times, 5/4/1995]

Entity Tags: Jennifer McVeigh, Brent Liedtke, John Coyle, Paul Looney, Timothy James McVeigh, Susan Otto

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Stephen Jones.Stephen Jones. [Source: Associated Press]Attorney Stephen Jones is named by the court as the lead defender of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). He agrees to work for a taxpayer-funded rate of $125 an hour, considerably less than his usual fee. Jones, who primarily represents large oil and insurance firms, is a Republican activist who failed to unseat Senator David Boren (D-OK) in 1990 and has represented a number of unpopular clients. He is joined by another prominent defense attorney, Robert Nigh Jr., a lawyer recommended to the case by Jones before he himself was chosen to represent McVeigh. Jones discussed the request from Judge David L. Russell with, among others, Governor Frank Keating (R-OK); Jones has done legal work for Keating in the past, and wished to ensure that his representation of McVeigh would not damage Keating’s reputation. Jones eventually accepted Russell’s request; when he accepted, Russell quipped, “I hope I haven’t signed your death warrant.” Jones replied, “That makes two of us.” To the media, Jones says: “My role is as old as the Constitution. Whether I perform professionally will be determined by how I conduct myself and whether my client is satisfied.… I did not seek or request the appointment or even encourage it in any way. I have been drafted. However, I will do my duty.… I will seek, for my part, to avoid the circus atmosphere that has prevailed in certain other well-known jurisdictional proceedings, which have included the self-promotion and self-aggrandizement of some individuals. I am a small-town county-seat lawyer.… I want to set a contrast to the O. J. Simpson [a former athlete and Hollywood celebrity recently acquitted of murdering his wife and another man in a sensational court proceeding] trial, which represents much of what is wrong with the legal process,” he says, referring to what he sees as “a lot of self-aggrandizement by all the parties: the witnesses, the jury, the judge, the lawyers.” He concludes with a warning to the press: “There is a well-recognized tension between the need for a free press and a fair trial, so I hope the ladies and gentlemen of the press will understand that I will defend this case in the courts of law.” Jones is working with McVeigh’s current lawyers, John Coyle and Susan Otto, who are preparing to leave the case (see April 24, 1995 and April 27, 1995). (When the media announces Jones’s naming to the case, one of Coyle’s staffers shouts: “You watch. He will make it all about himself.”) Jones is preparing McVeigh for a grand jury, which is being seated to hear evidence against him. McVeigh turned down the offered services of two lawyers (see May 3, 1995), but is willing to accept Jones’s services. [New York Times, 5/8/1995; New York Times, 6/15/1995; Stickney, 1996, pp. 231; Serrano, 1998, pp. 248-249; Douglas O. Linder, 2006; TruTV, 2/2009] “There’s no doubt in my mind that Stephen Jones views this to be a horrible crime,” Tony Graham, a former federal prosecutor who has often opposed Jones in court, will comment. “That he can go ahead and represent a person accused of that is the mark of a very professional lawyer.” Enid lawyer and former mayor Norman L. Grey will say: “With Stephen, you know you have a battle on your hands. I don’t think there’s a better legal mind in the area of criminal proceedings, state or federal.” [New York Times, 6/15/1995]
Conspiracy Theories, 'Necessity' Defense - Later, Jones will recall watching news footage of the bombing at his law office in Enid, Oklahoma, and remember his old elementary school being firebombed. “I recognized it as a bombing right away,” he will say. “And the minute I heard about the day care, I thought, ‘That’s it.’ Because I remembered the babies at Waco (see April 19, 1993 and April 19, 1993 and After). And later that night I heard about old man Snell [executed white supremacist Richard Wayne Snell—see 9:00 p.m. April 19, 1995] and I thought, ‘Yes, that’s relevant too.’” Author Richard A. Serrano will later write, “Even on that first evening, Jones was thinking conspiracy theories.” [Serrano, 1998, pp. 249] Though Jones is not forthcoming about the defense strategy he and McVeigh intend to deploy, legal observers speculate that they will base their defense on attempts to discredit government witnesses that the prosecution will use to build their case against McVeigh. Court observers say McVeigh is working actively with Jones on their defense. In the following days, Jones will begin interviewing people in Kansas, Oklahoma, and elsewhere, trying to undermine the credibility of the witnesses the prosecution is expected to bring into court. Jones is also expected to try to prove that the prosecutors’ evidence against McVeigh is largely circumstantial and therefore open to reasonable doubt. Observers doubt that Jones will try to use an insanity defense, because McVeigh is clearly competent to stand trial. They also doubt that Jones will try to allege that McVeigh was motivated by political opposition to the government, since innocent people, including children, were killed in the blast. No one feels that the prosecution will offer McVeigh any sort of plea deal. [New York Times, 5/11/1995] Researchers later learn that McVeigh wants Jones to present what some call a “necessity defense”—admitting to the bombing and justifying it by detailing what he considers the “crimes” of the federal government that his bombing was designed to prevent. McVeigh believes that if the jury hears about the government’s actions at Ruby Ridge, Idaho (see August 31, 1992 and August 21-31, 1992), and at the Branch Davidian compound outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After), at least some of the jurors will be sympathetic. More importantly, such a politicized trial would give McVeigh the opportunity to make his case against an overreaching federal government in the larger court of public opinion. Jones will resist presenting such a defense, in part because he believes that McVeigh has no chance of establishing, as he would be required to do to raise the defense, that the federal government put him in “imminent danger.” [Douglas O. Linder, 2006]
Third Lawyer to Join Jones, Nigh - Two weeks later, Russell will name Houston lawyer Richard Burr to join Jones and Nigh for the defense. Burr has extensive experience working with death penalty cases, and formerly directed the Capital Punishment Project of the NAACP Legal Defense and Educational Fund. “Any capital case, but particularly one of this magnitude, calls for our system of justice to perform as reliably, as fairly, and as humanely as it can,” Burr will say. “I feel honored to become a part of the defense team in Mr. McVeigh’s case.” [New York Times, 5/23/1995]

Entity Tags: David Boren, David L. Russell, John Coyle, Frank Keating, Tony Graham, Norman L. Grey, Susan Otto, Richard A. Serrano, Timothy James McVeigh, Richard Burr, Stephen Jones, Robert Nigh, Jr

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Jennifer McVeigh ( April 24, 1995), the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), retains two lawyers to represent her in the event she is charged in the case. The lawyers are Joel L. Daniels and Andrew C. LoTempio, both of upstate New York, in the same area as the McVeigh family home in Pendleton, New York. Daniels has told the Buffalo News that he worries the FBI may charge Jennifer McVeigh with conspiracy. [New York Times, 5/9/1995]

Entity Tags: Federal Bureau of Investigation, Andrew C. LoTempio, Joel L. Daniels, Timothy James McVeigh, Jennifer McVeigh

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and 3:15 p.m. and After, April 21-22, 1995) is charged as a co-conspirator in connection with the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Prosecutors say that Nichols, though he did not participate directly in the bombing, played a direct and central role in carrying it out with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Nichols is charged in a criminal complaint that is filed under seal with the court; a lawyer involved in the case says the prosecution may be trying to keep some undisclosed details of the evidence it is providing out of the public eye for the time being. Nichols’s lawyer, public defender David Phillips, says he expects Nichols to be indicted at any time. Nichols is being held in custody in Wichita, and will likely be moved to Oklahoma City soon. Prosecutors may be pressuring Nichols to turn state’s evidence against McVeigh, and lead them to others who may have been involved in the plot, particularly the elusive “John Doe No. 2” (see April 20, 1995). Nichols insists that he had no idea McVeigh planned to bomb the Murrah Federal Building, but prosecutors believe otherwise. One witness who may testify against Nichols is his former wife, Lana Padilla. In an interview Padilla recently gave to a tabloid television show, American Journal, she said Nichols gave her a package in 1994 that contained a key to a storage locker; the locker contained thousands of dollars in gold and silver bouillon (see November 5, 1994 - Early January 1995). In previous interviews with reporters, Padilla had not mentioned the locker. Investigators also believe that their 12-year-old son, Joshua Nichols, may have been at the rental office in Junction City where the Ryder truck containing the bomb was rented (see April 15, 1995). Some witnesses in Herington, Kansas (see (February 20, 1995)), say they saw Joshua Nichols in town the same day that McVeigh rented the Ryder truck in Junction City; a supermarket manager recalls seeing Nichols and his son on April 17, when they rented three film videos and bought a can of peanuts. “They browsed around about 30 minutes,” the manager says. “He came up to the clerk and said he was a new customer. She asked for his driver’s license and he said he didn’t have one. She asked for his Social Security number, and he just told us a number.” [New York Times, 5/9/1995; Douglas O. Linder, 2001; Fox News, 4/13/2005] Joshua Nichols tells reporters for ABC News that he was not with his father as the supermarket manager has stated. Prosecutors say Padilla put her son on a plane for their home in Las Vegas on April 17. [New York Times, 5/10/1995] Nichols is formally charged the following day (see May 10, 1995).

Entity Tags: Terry Lynn Nichols, ABC News, David Phillips, Lana Padilla, Timothy James McVeigh, Joshua Nichols

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

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]

Entity Tags: Lana Padilla, David Phillips, El Reno Federal Corrections Center, Joshua Nichols, Michael Joseph Fortier, Steven Gradert, Terry Lynn Nichols, Timothy James McVeigh, Federal Bureau of Investigation

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

A federal grand jury in Detroit charges James Nichols (see December 22 or 23, 1988, April 21, 1995 and After, and April 25, 1995) with conspiracy to build explosives. James is the brother of Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995), accused of conspiring with Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). The charges against James Nichols do not directly accuse him of conspiring with his brother and McVeigh to build the Oklahoma City bomb; the three-count indictment, brought by Assistant US Attorney Robert Cares, applies only to crimes Nichols is alleged to have committed in Michigan. It also refers to “other persons, whose names are known and unknown to jury” who joined in the conspiracy. The indictment says the conspiracy stretched from 1988 until federal agents raided Nichols’s farm on April 21, two days after the Oklahoma City bombing, and says the government has reason to believe Nichols had “prior knowledge” of the bombing. The indictment allows law enforcement authorities to keep Nichols in custody and to cancel an upcoming hearing for Nichols’s possible release. Nichols is being held pending arraignment before a federal magistrate. The indictment is based largely on testimony from Nichols’s neighbors (see April 21, 1995 and After), and is apparently similar to evidence provided in a criminal complaint filed in late April (see April 25, 1995). The indictment adds new details, such as the allegation that in 1994 he and his brother made and stored grenades at the Nichols farm, and in 1992 the brothers and McVeigh experimented with making and detonating bombs made of “readily available materials” like brake fluid. It also cites a letter McVeigh wrote James Nichols that said in part, “Keep me posted on any ‘trouble,’” a statement Cares interprets as pertaining to the bombing. [New York Times, 5/12/1995; Serrano, 1998, pp. 235]

Entity Tags: Robert Cares, James Nichols, Terry Lynn Nichols, Timothy James McVeigh

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

An FBI affidavit filed today in Oklahoma suggests that planning for the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) began as early as September 1994, when accused bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995) began buying thousands of pounds of ammonium nitrate fertilizer and rented the first of several storage sheds in small towns in Kansas (see October 17, 1994). Nichols is accused of accumulating two tons of ammonium nitrate and, just before the bombing, purchasing an unspecified quantity of diesel fuel, another essential ingredient for the bomb. The affidavit, unsealed at a hearing for Nichols at the El Reno Federal Corrections Center outside Oklahoma City and intended to show a judge that sufficient grounds exist to charge Nichols with the bombing, provides the first look at the government’s case against Nichols and accused bomber Timothy McVeigh (see April 21, 1995). The affidavit provides a chronological timeline of events that together portray Nichols and McVeigh as Army buddies turned amateur terrorists, and suggests that Nichols may have actually led the bomb-making effort, though he did not participate in the bombing itself. Nichols’s brother James Nichols has also been indicted on charges of building bombs (see May 11, 1995). However, the indictment shows no direct involvement by James Nichols or anyone else in the bombing conspiracy. The indictment specifically offers no evidence that the as-yet unidentified “John Doe No. 2” (see April 20, 1995), suspected of accompanying McVeigh when he rented the Ryder truck used to deliver the bomb (see April 15-16, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is involved in the bombing, though authorities continue to search for him, believing him to be either a co-conspirator or a valuable witness. The affidavit states that “an explosive device of the magnitude” that wrecked the Murrah Federal Building “would have been constructed over a period of time utilizing a large quantity of bomb paraphernalia and materials.” Building such a bomb, the document says, “would necessarily have involved the efforts of more than one person,” although it does not say how many. The affidavit also reveals that five months before the bombing, Nichols left a letter that instructed McVeigh to clean out two of the storage sheds if Nichols were to unexpectedly die, told McVeigh he would be “on his own,” and said he should “go for it!” (see November 5, 1994 - Early January 1995). It shows that a search of Nichols’s home found numerous materials appearing to be related to the bomb, including explosive and other materials used in the bomb itself. And Nichols has admitted to having the knowledge required to make an ANFO (ammonium nitrate and fuel oil) bomb such as the one used in Oklahoma City. He said he disposed of ammonium nitrate by spreading it on his yard on April 21 after reading press accounts that the substance was one of the ingredients used in the bomb, and told investigators that the materials they found at his home were “household items.” After the 13-minute hearing, US Magistrate Ronald L. Howland orders Nichols held without bail pending a preliminary hearing scheduled for May 18. Patrick M. Ryan, the interim US Attorney for the Western District of Oklahoma, reads the charges against Nichols, and says the government will seek the death penalty. Nichols is currently represented by two federal public defenders, David Phillips and Steven Gradert, but the judge is expected to appoint another lawyer to represent Nichols on the bombing charges. [New York Times, 5/12/1995]

Entity Tags: Federal Bureau of Investigation, David Phillips, El Reno Federal Corrections Center, James Nichols, Patrick M. Ryan, Steven Gradert, Terry Lynn Nichols, Timothy James McVeigh, Ronald L. Howland

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

James Nichols (see April 21, 1995 and After and April 25, 1995), the brother of accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is released on his own recognizance from a Michigan federal prison. Nichols has been held on charges of conspiring with his brother and accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995) to make bombs in Michigan, where he owns a farm in Decker. “If released, this defendant poses a risk of flight and a danger to the community,” Assistant United States Attorney Robert Cares tells Judge Paul Borman, citing his belief that Nichols had “prior knowledge” of the bombing. Defense lawyer Robert R. Elsey says Nichols is nothing more than an ordinary farmer, and brings a number of neighbors to the proceeding to vouch for Nichols’s character. Borman rules that there is not enough evidence to hold Nichols on the charges; says that he is not a threat to the public nor a flight risk, ruling, “There is not an iota of evidence of dangerous acts towards others”; and orders Nichols released into the custody of neighbors. Nichols will wear an electronic device to monitor his movements—he is under a curfew and restricted to moving in a small group of Michigan counties—and is ordered to stay away from explosives and firearms. Nichols has been held without bail since his Decker farmhouse was raided on April 21 (see April 21, 1995 and After). He was indicted in early May (see May 9, 1995) by a grand jury on charges of conspiring with McVeigh and his brother to make, store, and detonate bombs on his farm. Nichols was never charged in direct connection with the Oklahoma City bombing; in today’s hearing, Borman focused on the Michigan charges, and refused to allow the prosecution to tie Nichols to the Oklahoma City bombing without more evidence. Government prosecutors argued that Nichols should remain in jail because of his ties to the two subjects. Cares suggested that the “bottle bombs” that Nichols has admitted setting off with his brother and McVeigh were an “experiment” that served as a prelude to the 5,000-pound truck bomb in Oklahoma. Cares told the court: “James Nichols himself engaged in rhetoric of violence. If it was just rhetoric, we wouldn’t be here today. But he and Terry Nichols and Timothy McVeigh turned those words into action.” FBI agent Patrick Wease testified that a confidential source told him that Nichols said a group called the Patriots would take over the government by force. Wease testified that Nichols told the witness the Patriots “would be involved in the killing of cops, judges, and lawyers.” Elsey will argue at an upcoming hearing that all charges against Nichols be dropped. For his part, Nichols says he harbors no resentment towards the government, and says he wants to go home and plant his soybeans. He declines reporters’ requests to discuss his brother. Of the bombing itself, Nichols says: “It’s a bad tragedy, and everyone should cooperate—and I’m cooperating fully—to get to the bottom of it.” Elsey says Nichols’s anti-government views have been exaggerated. “He just believes the government in many instances is behaving beyond the norms of the constitution, and the limitations of the constitution,” Elsey says. “His alleged animosity to the government was ill-stated by himself.” Elsey adds that Nichols made some anti-government comments during a contentious divorce. [New York Times, 5/22/1995; New York Times, 5/23/1995; Serrano, 1998, pp. 235-236] In August, federal prosecutors will drop charges against Nichols concerning his manufacture of explosives on his farm. [New York Times, 8/11/1995] Nichols will be given a hero’s welcome when he returns to Decker, where many consider him an unwarranted victim of government persecution and a scapegoat for a bombing conspiracy that they believe was carried out by the government itself. [Stickney, 1996, pp. 193-194]

Entity Tags: Robert R. Elsey, James Nichols, Federal Bureau of Investigation, Patrick Wease, Robert Cares, Timothy James McVeigh, Paul Borman, Terry Lynn Nichols

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing, Bombs and Explosives

Joseph H. Hartzler.Joseph H. Hartzler. [Source: Associated Press]The US Justice Department names Joseph H. Hartzler, an Assistant US Attorney in Springfield, Illinois, to lead its prosecution of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995). Attorney General Janet Reno has moved Merrick Garland, who oversaw the initial phase of the bombing investigation, back to Washington to head the Justice Department’s criminal division. She creates what becomes known as the OKBOMB task force, a trial team focusing on continued investigation and the prosecution of McVeigh and his alleged accomplice, Terry Nichols. Reno selects Hartzler from dozens of resumes submitted by government lawyers from around the country. In the 1980s, Hartzler, who suffers from multiple sclerosis and is wheelchair-bound, helped convict four Puerto Rican nationalists accused in a bombing plot, and helped prosecute a federal judge in Chicago, in what became known as the “Greylord investigation.” He has worked as the chief of both the criminal and civil divisions in Chicago, one of the country’s largest US Attorney’s offices. Arlene Joplin, an Oklahoma City prosecutor, will remain on Hartzler’s prosecution team. Justice officials say that Hartzler was chosen because of several factors, including his background in complex criminal cases, terrorist prosecutions, and his ability to work with other government lawyers already on the case. Hartzler is asked by a criminal defense attorney not involved in the case what he thinks about it. Hartzler responds: “Whoever did this should spend some time in hell. I just want to accelerate the process.” Hartzler vows to have no press conferences, and will in fact have very few, though his team does have a few media “favorites,” most notably Jeffrey Toobin, a writer for the New Yorker and a legal analyst for ABC News who once worked with two of the OKBOMB staffers and is considered a supporter of the prosecution. [New York Times, 5/22/1995; Serrano, 1998, pp. 249-250] Missouri criminal defense lawyer Michael B. Metnick will later say of Hartzler: “His integrity is beyond reproach. He’s a prosecutor I can turn my back on.” Hartzler will tell a reporter that he asked for the McVeigh prosecution because “I thought I could make a difference.” [New York Times, 6/2/1997]

Entity Tags: Michael B. Metnick, Janet Reno, Jeffrey Toobin, Merrick Garland, Timothy James McVeigh, US Department of Justice, Terry Lynn Nichols, Joseph H. Hartzler

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

The lawyer for accused Oklahoma City co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) asks Federal Judge David L. Russell to release his client without bail. Defense lawyer Michael Tigar calls the government’s evidence against Nichols “lamentably thin,” and says Nichols’s actions, particularly in connection with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), were innocent and typical of a “peaceable, law-abiding person.” Tigar, along with co-counsel Ronald G. Woods, is apparently following a strategy of attempting to distance Nichols from McVeigh, claiming that Nichols and McVeigh had a “falling out” in February 1995 over plans to work gun shows and swap meets together. According to court papers filed by Tigar, Nichols had printed up his own business cards and other material for a new business trading in military equipment that had no place for McVeigh. Tigar also assails the government’s investigation, accusing FBI investigators of withholding evidence from the defense, of holding Nichols’s wife Marife (see July - December 1990) “virtually incommunicado and without counsel” for “33 days of continuous interrogation,” and of refusing to interview witnesses with information favorable to Nichols. According to Tigar’s timeline of events, Nichols, knowing little to nothing of a specific bomb plot (see Late 1992-Early 1993 and Late 1994, April 19, 1993 and After, October 12, 1993 - January 1994, September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, March 1995, April 13, 1995, and April 15-16, 1995), met with McVeigh on April 16 in Oklahoma City and drove him to Junction City, Kansas (see April 16-17, 1995). Prosecutors have stated that the day before, McVeigh told Nichols that “something big is going to happen,” impelling Nichols to ask if McVeigh planned on robbing a bank (see April 15, 1995). In Tigar’s timeline, this exchange never happened. Instead, Tigar’s timeline recounts a lengthy story of McVeigh calling Nichols on April 16 complaining of car trouble; McVeigh, Tigar claims, had a television set with him that belonged to Nichols’s ex-wife Lana Padilla that Nichols wanted for his home in Herington, Kansas (see (February 20, 1995)). Nichols drove to Oklahoma City to get the television set. Tigar says that the Nichols family used the television set to watch a videotape of The Lion King and two other movies on April 17. In the days before the bombing, Tigar says Nichols took his family to a restaurant, picked up new business cards and labels, and, on the day of the bombing, visited a local hardware store and a military surplus dealer to discuss selling or trading Army tools, possibly for roofing shingles, and worked around his house. Tigar says Marife Nichols has confirmed this version of events. Tigar also says that prosecution allegations that Nichols used his pickup truck on April 18 to help McVeigh load fertilizer into the rented Ryder truck McVeigh used for the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) are false, and instead Nichols had loaned McVeigh his truck, and not accompanied McVeigh to the loading site at Geary Lake in Kansas. Tigar also says that a fuel meter owned by Nichols and believed by the prosecution to have been used to measure the bomb ingredients was broken the entire time Nichols owned it. [New York Times, 5/19/1995; New York Times, 5/25/1995] Later press reports will show that Tigar’s information about the supposed “falling out” between McVeigh and Nichols comes from Padilla. According to Padilla: “He said, ‘Tim and I are going to go our separate ways and I am going to the shows myself.’ That surprised me. They were going to go their own ways and it was because Terry was going to buy his own house and have his wife and baby come out. I don’t think that Tim could stand that. Terry also said that Tim didn’t like kids.” [New York Times, 8/6/1995] The prosecution counters with a request to hold Nichols without bail, citing evidence seized from Nichols’s home that implicates him in the bombing conspiracy (see 3:15 p.m. and After, April 21-22, 1995), and a series of letters he wrote to the IRS and other federal agencies repudiating his citizenship and asking to be exempted from paying federal taxes (see April 2, 1992 and After). Prosecutors say the letters demonstrate Nichols’s repudiation of “roots to this country and its sovereign states” and that he therefore should be denied bail. “Nichols poses a danger to the community and an unreasonable risk of flight against which no conditions of release could adequately guard,” the prosecutors argue. Russell denies Nichols bail and orders him to remain in custody. Tigar says he will appeal the ruling. Russell also orders that Nichols be allowed to sleep without lights beaming into his cell 24 hours a day, and that prison officials not allow any more mental health professionals to interview Nichols without the court’s approval. Tigar has called a visit by a previous counselor “unwanted” and intrusive. [New York Times, 6/2/1995; New York Times, 6/3/1995]

Entity Tags: Lana Padilla, David L. Russell, Geary State Fishing Lake And Wildlife Area, Federal Bureau of Investigation, Timothy James McVeigh, Michael E. Tigar, Marife Torres Nichols, Ronald G. Woods, Terry Lynn Nichols

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Michael E. Tigar.Michael E. Tigar. [Source: Washington Post]The New York Times profiles Michael E. Tigar, the lead defense lawyer for accused Oklahoma City bombing conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Tigar, a law professor at the University of Texas, has represented numerous unpopular defendants in previous proceedings, and like Nichols, many of those clients’ cases presented what the Times calls “unusual or complicated legal and political questions.” At the beginning of his legal career, Tigar represented leftists such as Abbie Hoffman, Angela Davis, and H. Rap Brown; during the 1969 trial of the “Chicago Seven,” Tigar, representing anti-war organizer David Dellinger, was briefly jailed for contempt of court. In later years, Tigar represented clients on the right of the political spectrum, including accused Nazi war criminal John Demjanjuk and Senator Kay Bailey Hutchison (R-TX), who had been accused of misusing her office as state treasurer. In the early 1980s, he helped win a $2.9 million judgment against Chile for the Pinochet government’s assassination in Washington of former Chilean Ambassador Orlando Letelier. Michael J. Kennedy, who has worked closely with Tigar in the past, says: “He understands that the way we measure the value of our justice system is how it treats society’s pariahs. It’s easy to treat the popular people well. But what Mike understands is that the system will be measured by how it treats those people that the government considers to be despicable.” Tigar combines a strong knowledge of legal scholarship with a folksy, disarming courtroom style, according to the Times. [New York Times, 6/9/1995]

Entity Tags: Terry Lynn Nichols, Michael J. Kennedy, Michael E. Tigar, New York Times

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Federal prosecutors formally notify Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) that they intend to seek the death penalty against him in his upcoming trial. Prosecutors send a letter to McVeigh’s lead lawyer, Stephen Jones, advising that McVeigh will be indicted before August 11 with “one or more crimes potentially punishable by death.” The letter is signed by Patrick M. Ryan, the US Attorney in Oklahoma City. Government officials, including President Clinton and Attorney General Janet Reno, have said they would press for the death penalty against the person or persons responsible for the bombing (see 4:00 p.m., April 19, 1995 and April 22, 1995). The announcement ends speculation that the prosecution might take the death penalty off the table if McVeigh pleads guilty and cooperates with the investigation. While the prosecutors can seek the death penalty, only the trial jury can impose it, if it so chooses. Jones calls the decision to seek the death penalty a “charade,” saying that the decision was made by Clinton and Reno months ago. In a response to Ryan, Jones writes, “For us to reasonably believe that any type of fair review is to be conducted would require us to accept that you, as a nominee of the president for the position you hold, and the attorney general’s Capital Review Committee, appointed by Ms. Reno, would reach a decision and recommendation which overrides the president and the attorney general’s own public commitment.” Prosecutors have not yet decided whether to invoke the death penalty against McVeigh’s accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995). Nichols’s attorney Michael Tigar says he is preparing his defense as if it will be a death-penalty case. [New York Times, 7/12/1995] Two days later, defense lawyers for Nichols inform reporters that the federal government will also seek the death penalty against Nichols. [New York Times, 7/14/1995]

Entity Tags: Terry Lynn Nichols, Janet Reno, Michael E. Tigar, Stephen Jones, Timothy James McVeigh, William Jefferson (“Bill”) Clinton, Patrick M. Ryan

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), says he will attempt to get McVeigh’s trial moved out of Oklahoma. McVeigh faces the death penalty if convicted of crimes related to the bombing (see July 11-13, 1995). Jones says he has in mind sites well away from Oklahoma City, including New Mexico, Oregon, Washington, West Virginia, and the city of San Francisco. “These are places where there has been way less than the usual media coverage,” Jones says. “I haven’t been contacted by a single person from any of those states, in terms of the media.” US Attorney Patrick Ryan has said McVeigh and his accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), could get fair trials in Oklahoma, and that to move the trial would “further victimize the victims,” whose family members would likely testify during the sentencing phase of the trials if either or both are convicted. Jones says: “That is not a factor used in measuring where trials are held.… We have three criteria. The contents of what has been carried in the media in those states, the facilities to hold trials, and whether there was a nearby federal prison that could accommodate security concerns.… I definitely think we should not be in Oklahoma.” [New York Times, 7/18/1995]

Entity Tags: Patrick M. Ryan, Terry Lynn Nichols, Timothy James McVeigh, Stephen Jones

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) refuses to give prosecutors a handwriting sample. He is transported from the El Reno Federal Corrections Center, about 25 miles west of Oklahoma City, to a courtroom in Oklahoma City, where he refuses to provide the sample. Prosecutors say the handwriting sample could be compared to a receipt for the rental of the Ryder truck used to plant the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The courtroom, across the street from the targeted Murrah Federal Building, still has rough wooden plywood covers for many of its blown-out windows and is adorned with purple mourning ribbons. One man in the building wears a T-shirt that reads on the front, “In Memory, April 19, 1995.” The back reads, “A society that makes war against its police had better learn to make friends with its criminals.” McVeigh’s lawyer, Stephen Jones, argues that McVeigh should not have to provide a handwriting sample on the grounds that it may violate his rights against self-incrimination. Jones also says that McVeigh has written only in block letters since before joining the military in 1988 (see March 24, 1988 - Late 1990), and that a handwriting sample in cursive letters would require more than a mechanical effort by his client. Prosecution assistant Sean Connelly reminds the court that the grand jury investigating the case has requested the sample, and calls it a “very routine” test. “We are not probing his mind or thought processes,” he says. “If he says he can’t spell ‘no,’ we’ll tell him N-O.” Judge David Russell finally rules that McVeigh will give the sample. “I’m going to order the defendant to comply with the subpoena of the grand jury,” he says. “I don’t see any reason to wait. The law is clear.” To McVeigh, he says, “Failure to comply could be used against you, not just in a contempt proceeding but as evidence in a trial.” When McVeigh again refuses to give the sample, Russell orders him charged with contempt of court and gives the defense five days to respond to the contempt charge. [New York Times, 7/19/1995]

Entity Tags: Murrah Federal Building, David L. Russell, Sean Connelly, El Reno Federal Corrections Center, Timothy James McVeigh, Stephen Jones

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Judge Martha A. Bethel, a municipal judge in western Montana, writes of her experiences with the Montana Freemen (see 1993-1994). She characterizes them as one of several “hate groups” that operate in Montana alongside the Montana Militia (see January 1, 1994 and February - March 1995) and others, and says the Freemen are little more than “terrorists.” She writes that in January 1995, a “Freeman” appeared in her court on charges related to outstanding traffic tickets. He refused to cooperate with the court proceedings, she writes, and said he was “not in any way bound by the laws of Montana.” In March, he filed legal documents asserting that Bethel had violated her oath of office. The documents, she writes, “recounted a hearing held before ‘justices’ of a ‘common law’ court, one of a number of tribunals created in Montana recently by the fringe groups that claim they have jurisdiction over our district and local courts. The ‘Ravalli County Court, Common Law Venue, Supreme Court, Country of Montana’ demanded that I dismiss the charges within 10 days or a warrant would be issued for my arrest. On the same day, the documents were filed in several other courts as well.” Subsequently, Bethel writes, she was threatened with kidnapping and trial before the “common law court,” and promised she would be sentenced for “treason.” One telephone caller told her, “Don’t come to Darby tonight for court tonight, or you won’t be leaving.” Other court officials were threatened: “[S]omeone threatened to shoot a justice of the peace in the head. A deputy county attorney was warned that his home would be burned and that he would be shot in the back. Our district judge heard threats, to his face, that he would be hanged in the city park.” An unknown person followed Bethel home after one night court session, and shortly thereafter someone called her to tell her that the Freemen knew where she lived. Bethel has received dozens of threatening phone calls as well as calls “from concerned citizens warning me of what they heard would happen to me or my home.” Callers have threatened to “riddle [her] home with gunfire.” She has received instructions from the police on how to hide from armed assailants, and once was advised to leave the county after police learned of a planned attack on her house. Recently, a federal law enforcement agency informed her that a contract for her murder had been issued, probably by someone involved with the Freemen. Bethel has twice sent her three pre-teenaged children to live with their father for a week to keep them safe. She says she and many of her fellow court officials and citizens “share a sinking feeling of helplessness” that little is being done to address the situation (see April 1995). “I used to enjoy hearing the deer, bears, and other animals move about at night without a second thought, other than expressing thanks for the beautiful place in which I live,” Bethel writes. “Now, when I hear deer giving their warning calls, or when I hear animals moving through the brush in the woods, I worry if an intruder is frightening them.” She concludes: “This has been a living nightmare. As judges, we all expect to deal with disgruntled people who refuse to take responsibility for their actions. But who in their right mind would choose to serve their community when the community becomes defenseless in the face of such terrorism?” [New York Times, 7/20/1995]

Entity Tags: Montana Freemen, Martha A. Bethel

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen, Harassment and Threats, Other Violence

Timothy McVeigh’s sister Jennifer McVeigh testifies before the federal grand jury investigating the Oklahoma City bombing. Her brother is charged with bombing the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995). Her testimony clears her of any suspicion that she may have been involved in the conspiracy to bomb the building. “She’s not a target,” says her attorney, Joel Daniels. Jennifer McVeigh’s testimony is not made public. She has previously told the FBI that her brother told her he almost died in 1994 while driving a car loaded with explosives (see December 18, 1994). She has said that her brother asked her to take two $100 bills to a bank and exchange them for smaller amounts so he could get rid of money stolen in a bank robbery (see 3:15 p.m. and After, April 21-22, 1995). Prosecutors were expected to ask her about her brother’s expressed hatred toward the federal government (see Mid-December 1994) and about the contents of 20 letters he sent her, including one where he warned her about possible law enforcement surveillance. Some of the letters expressed McVeigh’s disgust and frustration with the handling of the 1993 Branch Davidian standoff (see April 19, 1993 and April 19, 1993 and After). After she completes her testimony and the grand jury declines to indict her, prosecutors give Jennifer McVeigh a grant of immunity for her testimony in her brother’s upcoming trial. [Washington Post, 8/3/1995; Stickney, 1996, pp. 242; Fox News, 4/13/2005] Witnesses in the court building say that when she leaves the grand jury chambers, she is in tears; court officers prevent reporters from attempting to question her as she runs into a restroom. Federal investigators have described her as polite but not forthcoming in previous interrogations. [New York Times, 8/4/1995; Stickney, 1996, pp. 242]

Entity Tags: Timothy James McVeigh, Jennifer McVeigh, Joel L. Daniels, Federal Bureau of Investigation

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Stephen Jones, the attorney representing accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says that an unidentified leg found in the rubble of the Murrah Federal Building might belong to “the real bomber.” [Indianapolis Star, 2003; Fox News, 4/13/2005] The leg and foot are clad in a combat boot. A medical examiner’s statement says in part: “This leg was clothed in a black military type boot, two socks, and an olive drab blousing strap. Anthropological analysis of this specimen reveals the individual to be light skinned, dark haired, probably less than 30 years of age, male (75 percent probability), and having an estimated height of 66 plus or minus three inches.” Examiner’s office official Ray Blackeney says that the leg was found on May 30, after the building was demolished (see 7:01 a.m. May 23, 1995). “I knew about it,” he says. “We all knew about it here at the Medical Examiner’s.” [New York Times, 8/7/1995; New York Times, 8/8/1995] Jones tells reporters: “There may be a logical explanation for the leg, but none comes to mind. There are no persons unaccounted for. It could have been a drifter nobody knows anything about. It could have been the individual that drove the vehicle used in the explosion. The third possibility is that this person was with the person driving [the vehicle].” [New York Times, 8/7/1995; Washington Post, 8/8/1995; New York Times, 8/8/1995] In late August, the examiner’s office will reveal that the leg belonged to an African-American female, contradicting portions of its earlier reporting. Frederick B. Jordan, the chief of the examiner’s office, will tell reporters, “DNA analysis by the FBI has shown conclusively that the left leg is not male but female.” Hair analysis has proven that the victim was African-American. Jones will tell reporters that the new information destroys any confidence one could have “in any of the forensic work in this case.” [New York Times, 8/31/1995] In February 1996, experts will determine that the leg belonged to a previously identified victim (see February 21, 1996 and February 24, 1996). [Fox News, 4/13/2005]

Entity Tags: Stephen Jones, Ray Blackeney, Murrah Federal Building, Frederick B. Jordan, Federal Bureau of Investigation, Timothy James McVeigh

Category Tags: Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing, Bombs and Explosives

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).

Entity Tags: Michael McGuire, Mack Martin, Murrah Federal Building, Lori Fortier, Timothy James McVeigh, Stephen Jones, Michael Joseph Fortier

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

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:
bullet 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);
bullet 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);
bullet 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);
bullet 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);
bullet 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);
bullet 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);
bullet 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);
bullet 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);
bullet on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
bullet on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
bullet 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);
bullet on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
bullet 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

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995) and his accused co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995) plead not guilty to eight federal charges of murder and three conspiracy charges associated with the bombing. Each of the 11 counts could earn the two the death penalty if they are convicted. The two men appear separately in the Oklahoma City Federal District Courthouse. McVeigh, wearing a blue sport coat, a blue open-neck shirt, khaki trousers and polished brown shoes, and standing in a military at-ease position, tells federal magistrate Ronald Howland, “Sir, I plead not guilty.” After McVeigh is taken out, Nichols is brought into Howland’s presence; he tells the magistrate, “Your Honor, I am innocent.” [New York Times, 8/16/1995]

Entity Tags: Ronald L. Howland, Timothy James McVeigh, Terry Lynn Nichols

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

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]

Entity Tags: Michael Kennedy, Federal Bureau of Investigation, Michael Joseph Fortier, Robert G. McCampbell, Terry Lynn Nichols, Timothy James McVeigh, Raymond Kelly

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Lawyers for Terry Nichols, accused of conspiring with Timothy McVeigh to bomb a federal building in Oklahoma City (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), say that the government’s case against Nichols is built on a series of innocent coincidences, and accuse the FBI of unfairly pressuring Nichols’s family for information. Nichols’s lawyer Michael Tigar and others on the defense team meet with US Attorney Patrick Ryan and Justice Department officials to argue that the government should not seek the death penalty against their client (see July 11-13, 1995). After the closed-door meeting, Tigar tells reporters that the FBI improperly recorded over 20 conversations Nichols had, including telephone conversations with his wife and mother, after his arrest (see 3:15 p.m. and After, April 21-22, 1995). “We’ve already seen the results of the government’s search warrants, the many tape-recorded conversations that were surreptitiously recorded without his knowledge,” Tigar says. “In short, we’ve seen it all. And we didn’t see anything in there that says the government has evidence that Terry Nichols did this.” Nichols, Tigar says, is an innocent victim of circumstance.
'Reasonable' Explanations - Tigar says that Nichols has reasonable explanations for using false names to rent two storage units in Kansas in the months before the bombing. According to these explanations, Nichols left his job as a farm worker in Marion, Kansas, on September 30, 1994 (see (September 30, 1994)), and had nowhere to live. He needed somewhere to store his household goods until he could find another place to live. He stored some of his goods in a storage unit rented under the alias “Shawn Rivers”; though authorities say Nichols rented the storage unit under the alias, Nichols says that McVeigh rented the unit (see September 22, 1994; Nichols may have rented a separate unit for his goods). Nichols kept his furniture and other items in that locker until October, when he rented two units in Council Grove, Kansas, under the names “Joe Kyle” (see October 17, 1994) and “Ted Parker” (see November 7, 1994). Nichols, according to Tigar, used the false names because he had an outstanding civil judgment on his credit card debts and wanted to prevent seizure of his possessions. Tigar also has an alternate explanation for a letter Nichols left behind him when he traveled to the Philippines (see November 5, 1994 - Early January 1995): the letter, which was to be opened only in the case of Nichols’s death, instructed McVeigh to clean everything out of one unit and liquidate the other. But Nichols’s lawyers now say these instructions contained an additional phrase, not previously disclosed by the government: “or you will have to pay extra months rent.” Nichols, according to Tigar, wanted McVeigh to sell his goods and give the proceeds to his family if for some reason he did not return from the Philippines. Instead, Nichols removed the goods from the unit when he bought a house in Herington, Kansas, in early 1995 (see (February 20, 1995)). Tigar says that Nichols had grown disaffected with McVeigh, and the more he learned of McVeigh’s proclivity towards violence, the less he wanted to have dealings with him. Nichols wanted to go into business as a gun dealer for himself, Tigar says: He had business cards and mailing labels printed in his own name, rented a mailbox under his name, registered with the state of Kansas so he could collect sales tax, and bought a license plate and insurance for his truck (see May 25 - June 2, 1995). Everything found in Nichols’s home and garage, Tigar claims, was for use in Nichols’s business. The fuel meter found in Nichols’s home, described by investigators as a device that “could be used to obtain the proper volume of diesel fuel to ammonium nitrate for a bomb,” did not work, Tigar says, and could not have been used to mix bomb ingredients. The anti-tank rocket found in Nichols’s home was, Tigar claims, an empty throw-away tube that such a rocket is packed in. The bags of fertilizer in the house were to be divided for resale in 8- and 24-ounce bottles at gun shows. The diesel fuel he bought in the days before the bombing (see April 15-16, 1995) was to fuel the diesel pickup truck he used to drive to Oklahoma City and pick up McVeigh (see April 16-17, 1995). The plastic barrels found on Nichols’s property are often used for storage and are thusly unremarkable. [New York Times, 9/7/1995; PBS Frontline, 1/22/1996]
Unreasonable Pressure - Tigar says that the pressure brought to bear on Nichols’s family members was improper and unreasonable. “To lie to Terry Nichols’s mother and say he’s not cooperating, and then to take her to the FBI office and record her as she talks to her son, I think is an outrage,” Tigar says. “To hold his wife for 34 days incommunicado and to tell her that the only way out for her husband is if she calls him up and reads to him a script written by FBI agents, I think is an outrage. Then to send his wife a Mother’s Day card signed by FBI agents saying they’re her only friends in the world and saying she should call the Kansas City field office if she ever needs to cry. What in the world are we coming to here?” The FBI also sent a Mother’s Day card to Nichols’s mother, Joyce Wilt of Lapeer, Michigan. Tigar gives reporters a copy of that card, which reads: “Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We are all here for you. If you are ever lonely, if you ever want to talk. If you ever want to cry, just call us. You are very special to us. You are a young girl caught up in something you don’t deserve to be in. We’re on your side. Think only about yourself and your kids.” [New York Times, 9/7/1995; Associated Press, 7/2/2005]

Entity Tags: Terry Lynn Nichols, Federal Bureau of Investigation, Marife Torres Nichols, Patrick M. Ryan, US Department of Justice, Timothy James McVeigh, Joyce Wilt, Michael E. Tigar

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Anti-government extremist Charles Ray Polk is indicted by a federal grand jury for plotting to blow up the Internal Revenue Service building in Austin, Texas. When Polk was arrested, he was trying to buy plastic explosives to add to an enormous arsenal he had already amassed. Polk will be convicted and sentenced to 21 years in federal prison, though an appeals court will shave five years from his term. [Southern Poverty Law Center, 6/2001; Anti-Defamation League, 2011]

Entity Tags: Charles Ray Polk, Internal Revenue Service

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Bombs and Explosives

District Court Judge David Coar reverses earlier court decisions and reinstates a lawsuit filed by the National Organization for Women (NOW) against anti-abortion advocates (see June 1986). NOW president Patricia Ireland says, “We’re thrilled and anti-abortion terrorists ought to be shaking in their boots.” The ruling allows NOW to investigate defendants’ recent actions, including murders and attempted murders by anti-abortion activists (see August 19, 1993 and July 29, 1994). [National Organization for Women, 9/22/1995; National Organization for Women, 9/2002]

Entity Tags: Patricia Ireland, National Organization for Women, David Coar

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Court Actions and Lawsuits

Stephen Jones, the court-appointed lawyer who is defending accused Oklahoma City bomber Timothy McVeigh (see May 8, 1995), speaks at the University of Oklahoma. Jones, who intends to argue that a group of unnamed conspirators, perhaps members of America’s far-right militias (see 1983, January 23, 1993 - Early 1994, April 1993, October 12, 1993 - January 1994, August 1994 - March 1995, August - September 1994, September 12, 1994 and After, September 13, 1994 and After, November 1994, December 1994, February 1995, March 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, and Before 9:00 A.M. April 19, 1995), carried out the bombing and not his client, talks about the impact the case has had on his personal life, and also about the emergence of the dangerous radical right. Jones will argue that if McVeigh did indeed have something to do with the bombing, this radical right had an undue and controlling influence on him. “There are a large number of individuals whom people on the two coasts would refer to as the far right, the fringe group, the militia community,” he says. “At least in the interior of the country, the views of these individuals on subjects as diverse as taxation, the jury system, government regulations, police power, the schools, the family, gun control, corruption, and citizen militia represent not the fringe but increasingly the mainstream.” This “increasingly mainstream” political and social movement, Jones says, has been sparked “not just [by] a dissatisfaction with the government of the day, but a more deep-seated resentment under the circumstances and with the immediate backdrop of Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see April 19, 1993 and April 19, 1993 and After). Waco and Oklahoma City have this in common: they have increased the polarization between inpenitent federal officials and disenfranchised social groups such as bankrupt farmers and ranchers and a dislocated working class. One common thread that ties Waco and Oklahoma City together is the shared outrage of the federal government’s failure to acknowledge the full extent of their responsibility for Waco.… Little wonder then that Tim McVeigh, along with millions of other people, shares the outrage of the blunder at Waco.” Jones says that McVeigh is not the monster the media has portrayed him to be (see June 26, 1995). “That is not the Tim McVeigh I have come to know,” he says. McVeigh does not lack faults: “He is well read, but he lacks formal disciplinary training. Simply because he wrote in for information on a variety of controversial political subjects no more makes him a bigot or a neo-Nazi or a racist than the fact that when I was in high school I went to the Soviet embassy and for three years subscribed to Soviet Life magazine makes me a Communist.” He concludes that the case “has the drama of a great trial,” and though his intention in giving this speech is not “to magnify my office… it is hardly possible, for the reasons I have stated tonight, to exaggerate the importance of this case and what it means for our country. Someday when you know what I know and what I have learned, and that day will come, you will never again think of the United States of America in the same way.” [Serrano, 1998, pp. 252-254]

Entity Tags: Stephen Jones, Timothy James McVeigh, University of Oklahoma

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

In a letter to US Attorney Patrick Ryan, Attorney General Janet Reno authorizes prosecutors to seek the death penalty against indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 4:00 p.m., April 19, 1995, July 11-13, 1995, and August 10, 1995). The prosecutors promptly inform the federal court in Oklahoma City that they will do just that. Reno overrides protests from defense lawyers asking her to disqualify herself from the proceedings; McVeigh’s lawyer, Stephen Jones, told reporters that Reno and President Clinton both said “they would seek the death penalty before they even knew who the defendants were. We will mount our attack on the obvious prejudgment of the case.” Ryan says the prosecution will seek the death penalty on four of the counts lodged against McVeigh and Nichols: first-degree murder, conspiring to use a weapon of mass destruction with death resulting, using an explosive to destroy government property with death resulting, and using a weapon of mass destruction with death resulting. He says “aggravating factors” include the maiming, disfigurement, and other injuries inflicted on many individuals and the involvement of both defendants in “acts of burglary, robbery, and theft to finance and otherwise facilitate” the bombing. Governor Frank Keating (R-OK) approves of the decision, and recently said in an interview that it was not at all unusual “to see the president and the attorney general express their outrage” when they did. “This was an enormous national tragedy of titanic proportions,” Keating said. “The question is, are these [McVeigh and Nichols] the people who did it? If not, we need to find those who did.… But we want whoever did this to be prosecuted, convicted, and executed.” [New York Times, 8/21/1995; Washington Post, 10/21/1995; Douglas O. Linder, 2001] Jones refused to take part in the panel discussions over the use of the death penalty, calling them a fraud and a sham, and saying that the process should not have been conducted by the Justice Department. [Stickney, 1996, pp. 253]

Entity Tags: Timothy James McVeigh, Janet Reno, Frank Keating, Patrick M. Ryan, Terry Lynn Nichols, US Department of Justice, Stephen Jones

Category Tags: Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing, Bombs and Explosives

A Texas jury awards Dr. Norman Tompkins and his wife Carolyn damages of $8.6 million, in a lawsuit the couple filed against anti-abortion activists. The organizations Operation Rescue, Missionaries to the Pre-Born, and the Dallas chapter of the Pro-Life Action Network (PLAN—see 1980 and 1986) were found liable in over 10 months of harassment against the couple. During that time, anti-abortion activists picketed the family’s home and offices; followed them to social events, church, and elsewhere; distributed fliers calling Tompkins a murderer; and were overheard by neighbors talking about shooting Tompkins. They left frequent anonymous threats on the family’s answering machine; one such message said in part: “I’m going to cut your wife’s liver out and make you eat it. Then I’m going to cut your head off.” Dr. Tompkins, an obstetrician/gynecologist, eventually quit his practice and the couple moved from their Dallas home. The defendants are liable for $3.6 million in punitive damages, $2.25 million for intentionally inflicting emotional distress, and $2.8 million for invading the Tompkins’ privacy. [Newport News Daily Press, 10/29/1995; National Organization for Women, 1/1996; Sarah Jones, 10/20/2010]

Entity Tags: Norman Tompkins, Missionaries to the Pre-Born, Operation Rescue, Pro-Life Action League, Carolyn Tompkins

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Operation Rescue, PLAL, Court Actions and Lawsuits, Harassment and Threats

Hoppy Heidelberg.Hoppy Heidelberg. [Source: Digital Style Designs]Prosecutors in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) say that the recent dismissal of juror Hoppy Heidelberg from the investigation’s federal grand jury does not warrant throwing out indictments against the two suspects, Timothy McVeigh and Terry Nichols. Heidelberg was dismissed from the jury after disclosing information about the jury deliberations with Lawrence Myers, a reporter from Media Bypass, a magazine with ties to paramilitary groups. He also spoke to a reporter from the Daily Oklahoman. Heidelberg. a horse breeder from Blanchard, Oklahoma, told the reporters that prosecutors did not present enough evidence concerning the possibility of a larger conspiracy, and that they refused grand jury requests to interview witnesses and ask questions about such a larger conspiracy. Heidelberg may face contempt charges, as jurors are legally prohibited from revealing details of the cases they hear. Special US Attorney Sean Connelly calls Heidelberg’s concerns part of “his own conspiracy theories that predated this crime by decades.” Transcriptions from the magazine also show that Myers exaggerated and inflated Heidelberg’s complaints in the article. Heidelberg does not contend that the indictments of McVeigh and Nichols are unwarranted, though he says that he and other members of the grand jury are suspicious of the government’s case. Defense lawyers have asked that their clients have charges against them dropped because of what they call “prosecutorial misconduct” surrounding Heidelberg’s actions. Asked by reporters about charges that he is a conspiracy theorist, Heidelberg laughs and responds: “The people that know me know better. The people that don’t are going to have to wait to decide.” [New York Times, 10/14/1995; United States District Court, Western District of Oklahoma, 10/24/1995; Associated Press, 11/1/1995; Stickney, 1996, pp. 255] Heidelberg will later win a certain degree of fame as a “9/11 truther,” one of a group of theorists that believe the US government orchestrated the 9/11 attacks, or at the least were complicit in them. The article discussing Heidelberg will also cite theories saying that two separate explosions struck the Murrah Building (see After 9:02 a.m. April 19, 1995) and that an Oklahoma City police officer, Terry Yeakey, was “suicided,” i.e. murdered in a manner that appeared to be a suicide, after supposedly beginning to “express his concerns” that the government was hiding evidence of its collusion in the bombing. Yeakey’s death is one of a “slew of deaths” that have supposedly occurred to cover up the government’s role in the bombing, according to Heidelberg. Heidelberg will also release a video “proving” that the grand jury “was manipulated and obstructed” by the government. [Wendy Bird, 6/10/2008; Wide Eye Cinema, 2011]

Entity Tags: Timothy James McVeigh, Terry Yeakey, Media Bypass, Lawrence Myers, Terry Lynn Nichols, Sean Connelly, Hoppy Heidelberg

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Magistrate Ronald Howland, presiding over the preliminary matters in the upcoming trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), unseals nine documents in response to petitions from news organizations. One of these documents says two witnesses saw a man they believed to be McVeigh and another person leave the scene of the bombing shortly before the April 19 attack. The document is an affidavit that is part of a search warrant. Another document says that McVeigh was carrying a pamphlet with a quote from 17th-century philosopher John Locke when he was arrested (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). The quote reads: “I have no reason to suppose that he who would take away my liberty would not when he had men in his power take away everything else. And therefore it is lawful for me to treat him as one who has put himself in a state of war against me and kill him if I can.” [Reuters, 11/6/1995]

Entity Tags: Ronald L. Howland, Timothy James McVeigh

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives, Rhetorical Violence

Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), says his client will not use an insanity defense when he goes on trial. “The psychiatric and psychological evaluations aren’t 100 percent completed, but from what we know at this point we have no reason to assert a mental defect,” Jones tells reporters. “He’s as sane as any lawyer or reporter.” McVeigh has been pronounced competent by Dr. Seymour Halleck, a University of North Carolina psychiatrist hired by Jones. McVeigh is also being examined by other experts. “There is no mental defect,” Jones tells an audience at the University of Oklahoma, an audience that includes reporters from the Daily Oklahoman. “We’re not pleading insanity, incompetency, or anything like that. It’s a straight, factual defense. I have said he would testify. That’s the present plan.” Jones also accuses Clinton administration members of pushing for a quick conviction and execution before the 1996 presidential election. “This offers [those in] the Clinton administration the opportunity to prove themselves or attempt to prove themselves as tough on crime,” Jones says. In 1996, author and reporter Brandon M. Stickney will write that some of Jones’s comments during the speech seem to mirror McVeigh’s own conspiratorial, anti-government thinking. [Chicago Sun-Times, 11/17/1995; Stickney, 1996, pp. 258-260]

Entity Tags: Timothy James McVeigh, Brandon M. Stickney, Seymour Halleck, Clinton administration, Stephen Jones

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Robert Nigh Jr.Robert Nigh Jr. [Source: Associated Press]Defense lawyers for accused Oklahoma City bombers Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and July 11-13, 1995) ask that their clients’ trials be moved from Oklahoma due to intense media coverage from the bombing. The lawyers say that the media coverage has irredeemably tainted the jury pool. Oklahoma citizens are too close to the case, the lawyers argue, for either McVeigh or Nichols to receive a fair trial. The case is currently slated to be tried in Lawton, Oklahoma, some 85 miles away from Oklahoma City. One of McVeigh’s lawyers, Robert Nigh Jr., says: “We do not question for a moment that the people of Lawton or the people of Oklahoma are as fair as people anywhere in the country. They are simply too close in this case to determine the facts objectively.” Polls administered by two Houston researchers show that Lawton residents are far more familiar with the details of the case than residents of two other cities, Albuquerque and Kansas City, Kansas, and care more deeply about the case. All three cities are part of the Tenth Circuit. The polls say that almost half of Lawton residents have formed an opinion as to the guilt or innocence of McVeigh, and 96 percent of them believe him to be guilty. The numbers for Nichols are 30 percent and 90 percent, respectively. McVeigh’s lawyers state in a court filing: “The fevered passion of the community of Oklahoma has been escalated by local news reports concerning the case. Timothy McVeigh has been tried, convicted, and sentenced to death by the media in Oklahoma.” [New York Times, 11/22/1995; Fox News, 4/13/2005] The trial will be moved to Denver, Colorado (see February 20, 1996).

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Robert Nigh, Jr

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

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

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

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Defense lawyers for indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court for broad access to government documents to support their theory that domestic or “foreign” terrorists were involved in the bombing (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After). McVeigh’s lead defense lawyer Stephen Jones files the motion, which says that the sophistication and effectiveness of the bomb lend validity to the theory that the attack was carried out by a “terrorist organization.” Jones’s filing compares the Oklahoma City bombing to 1983 bombing attacks against the US Embassy and a Marine Corps barracks in Lebanon. [Reuters, 12/22/1995]

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

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Charles Hockenbarger, a member of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) of Topeka, Kansas, is convicted of battery and criminal restraint after assaulting a Lutheran minister at a WBC protest outside the First Lutheran Church of Topeka in September 1993 (see June 1991 and After). The minister, Reverend W. Gerald Weeks, was counter-protesting against the WBC, and held a sign reading, “God’s Love Speaks Loudest.” [Associated Press, 2/21/1998; Southern Poverty Law Center, 4/2001; Global Oneness, 2011] Hockenbarger is sentenced to five days in jail. He will appeal the conviction, claiming to be the victim of selective prosecution and a failure to receive a timely trial, but the Kansas State Court of Appeals will deny his appeal. [Associated Press, 2/21/1998]

Entity Tags: W. Gerald Weeks, Charles Hockenbarger, Kansas State Court of Appeals, Westboro Baptist Church

Category Tags: Gender-Based Rhetoric and Actions, Court Actions and Lawsuits, Westboro Baptist Church, Beatings/Mobs

Four doctors and two abortion-provider organizations file a lawsuit under the civil section of the Freedom of Access to Clinic Entrances (FACE) Act (see May 1994). The case names the American Coalition of Life Activists (ACLA—see July 1993) as the primary defendant, and asks that the court enjoin the organization to stop publishing threats against doctors (see 1995 and After). The case also seeks monetary damages. One of the defendants is the Reverend Michael Bray of Bowie, Maryland. Bray, a co-founder of ACLA, wrote a book called A Time to Kill: A Study Concerning the Use of Force and Abortion (see September 1994). Bray served four years in federal prison in the 1980s for his role in the arson attacks and bombings of seven abortion clinics. The case will become commonly known as Planned Parenthood v. ACLA. [Ms. Magazine, 12/2002]

Entity Tags: Planned Parenthood, American Coalition of Life Activists, Michael Bray, Freedom of Access to Clinic Entrances Act

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Court Actions and Lawsuits, Other Anti-Abortion Groups, Harassment and Threats

The defense in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) presents evidence in one of the hearings conducted to consider a change of venue in the trial (see November 21, 1995). The hearing takes place at the Oklahoma City courthouse; McVeigh has been brought from his cell at the El Reno federal detention facility to take part, though he says nothing during the proceedings. The defense plays clips from television news broadcasts, some of which contain erroneous information; footage of tearful calls for McVeigh and his accomplice Terry Nichols to be executed; coverage of memorial services for the victims of the bombing; and promises by President Clinton, Attorney General Janet Reno, and Oklahoma Governor Frank Keating that the death penalty would be sought. In the back of the courtroom, victims’ family members begin weeping. An Associated Press report by Paul Queary notes that McVeigh “smiled” as the films were shown; Los Angeles Times reporter Richard A. Serrano will write that McVeigh “appeared relaxed and at ease in court.” The reports anger McVeigh’s sister Jennifer, who has driven from Pendleton, New York, to be with her brother in court. She later says: “He wasn’t smiling in reference to anything. He was smiling at me. And you know that if he wasn’t smiling, they’d criticize him and if he was smiling, they’d criticize him. You know what happened the last time when he wasn’t smiling.” She is referring to the iconic image of a grim-looking McVeigh squinting as he is “perp walked” on the day of his arrest (see April 21, 1995). Jennifer tells reporters after the hearing: “No matter what, he’s still my brother and I’m still going to be there for him. He’s just a normal person. He’s not this evil thing they’ve painted him.” She visits him at the city jail before returning to her hotel room and calling her father in Pendleton. She will begin the long drive back to Pendleton a few days later. [Stickney, 1996, pp. 268-270]

Entity Tags: Paul Queary, Frank Keating, Janet Reno, Richard A. Serrano, Jennifer McVeigh, Timothy James McVeigh, Terry Lynn Nichols, William Jefferson (“Bill”) Clinton

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Stephen Jones, the lead defense lawyer for indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), asks the court to subpoena four men that Jones says may have information about the bombing. The subpoenas are in response to a $30 million wrongful-death lawsuit filed against McVeigh by Edye Smith, who lost her two sons in the blast. Jones wants to depose three members of the neo-Nazi British National Party (BNP): John Tyndall, David Irving, and Charles Sergeant. He also wants to depose Dennis Mahon, a Tulsa resident who heads the regional chapter of the White Aryan Resistance (WAR), a white separatist organization. Jones says he wants to know if the three BNP members supplied Mahon with a detonator that may have been used in the bombing. Jones also says that Mahon has told his staffers that he is an explosives expert and had bombed buildings in the past. Mahon denies making these claims, but affirms that Interpol considers him an international terrorist and has denied him admission to Great Britain. Jones says of Mahon, “The FBI has interviewed thousands of people in connection with this case yet they didn’t interview an international terrorist living just 90 miles away.” Jones has hired a London legal firm to pursue leads that suggest international connections in the bombing. Mahon has said he knew McVeigh from 1993 and 1994, when McVeigh traveled around the country selling weapons and items at gun shows (see April 19, 1993 and After). An informant has also told federal officials that Mahon may have been involved in a bombing plot targeting an Oklahoma City federal building (see August 1994 - March 1995 and November 1994). Jones also sends defense team researcher Ann Bradley to Amsterdam to talk with a lawyer for Daniel Spiegelman, a US citizen being held by Dutch authorities on a charge of “trading in stolen manuscripts,” and who faces extradition to the US for weapons smuggling and falsifying passports. The Dutch newspaper De Telegraaf runs a story noting the “resemblance” Spiegelman bears to the bombing suspect identified as “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Jones tells reporters: “We are certainly pursuing an investigation of that line and have been for some months. The attorney general herself [Janet Reno] said the FBI would certainly be justified to look at a European connection. We believe that the evidence may suggest a broader, deeper, more sophisticated conspiracy.” [Stickney, 1996, pp. 264, 271; Associated Press, 2/10/1996]

Entity Tags: Edye Smith, Charles Sergeant, British National Party, Ann Bradley, Daniel Spiegelman, Dennis Mahon, Federal Bureau of Investigation, John Tyndall, David Irving, Stephen Jones, Timothy James McVeigh, Janet Reno

Category Tags: Race and Ethnic-Based Rhetoric, Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Judge Richard Matsch (see December 1, 1995), citing the defendants’ right to an impartial jury in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and November 21, 1995), moves the trial from Oklahoma City to Denver, Colorado. Matsch is the Chief Judge of the Federal District Court in Colorado, and is essentially moving the case to his “home” courtroom. Matsch rules that because of intensive negative media coverage of the bombing, neither Timothy McVeigh nor Terry Nichols can receive fair trials in Oklahoma City. “This court… concludes that there is so great a prejudice against these two defendants in the State of Oklahoma that they cannot obtain a fair and impartial trial at any place… in that state,” Matsch writes. McVeigh and Nichols have been “demonized” in the press, he continues. “The intensity of the humanization of the victims in the public mind is in sharp contrast with the prevalent portrayals of the defendants.… [T]he interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court’s obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements.” McVeigh’s attorney, Stephen Jones, says, “The judge examined all the evidence and saw that Oklahoma sees itself as the victims and that makes it difficult to get a fair trial here.” Prosecutors agreed that Oklahoma City was not the proper venue for the trial, but had asked that the trial be moved to Tulsa, only two hours from Oklahoma City; US Attorney Patrick Ryan, newly appointed by President Clinton to represent the Oklahoma City district, argued that moving the trial would present an undue hardship on the families of the victims who want to observe the trial. Attorney General Janet Reno says the government “does not have the right” to appeal Matsch’s decision and therefore is ready to move to trial “expeditiously.” Reno says the Justice Department would “pursue every means available to provide survivors and loved ones with an opportunity to observe and follow events in the courtroom.” Kathleen Treanor, who lost her daughter and her in-laws in the bombing, is angry with the decision, saying she had intended to go to the trials: “It stinks. Judge Matsch will not have to give up his bed or leave his home. He is inconvenienced in no way. I lost my only daughter and I won’t be able to afford to go.” But Toby Thompson, who lost his brother in the bombing, says: “It is very important that the trial be squeaky clean. If moving it to Nova Scotia would ensure that I wouldn’t have to go through it twice, that would be fine with me.” Legal experts say Matsch made the decision in order to obviate any possibility that the defense would use the venue of the trial as the basis for a possible appeal. Governor Frank Keating (R-OK) criticizes the decision, saying Matsch moved the trial to Denver “for his personal comfort.… It is easier for him to go home and sleep in his own bed. That’s what his decision says to the hundreds and thousands of people impacted in this bombing. Its wrong on the facts and it’s wrong on the law.” Keating says he will coordinate with Governor Roy Romer (D-CO) and Denver Mayor Wellington Webb, as well as the federal government, to fund transport and housing for relatives and friends of the victims who wish to attend the trials. [Washington Post, 2/21/1996; New York Times, 2/21/1996; Serrano, 1998, pp. 256; Douglas O. Linder, 2001] Chicago jury consultant Joe Guaftaferro says of the venue change: “Colorado, from a jury perspective, could be risky. There’s a lot of white supremacists in those hills.” Public affairs law professor Rita Simon, an expert on the effects of publicity on a jury, says she agrees with Matsch’s decision, and adds, “With proper instruction, jurors could put aside any pretrial prejudice they may have picked up as a result of publicity about the case.” [New York Times, 2/22/1996]

Entity Tags: Patrick M. Ryan, Kathleen Treanor, Janet Reno, Frank Keating, Wellington Webb, Toby Thompson, Timothy James McVeigh, Terry Lynn Nichols, Roy Romer, Joe Guaftaferro, Rita J. Simon, Richard P. Matsch, Stephen Jones

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Lawyers on both sides of the upcoming Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) agree to exhume the body of one of the 168 victims of the blast. The agreement to exhume the body of Lakesha Levy, an Air Force member killed in the explosion, is to determine whether the unidentified leg found in the rubble (see August 7, 1995) belongs to Levy. Defense lawyers for accused bomber Timothy McVeigh had at one time speculated that the leg might belong to “the real bomber,” but after DNA tests proved it belonged to an African-American female, those speculations ceased. Levy is buried in a New Orleans graveyard. Prosecutors say that their records show eight of the bombing victims were buried without their left legs. It is possible, they say, that Levy was buried with someone else’s leg. Levy’s body will be sent to an FBI forensics laboratory for investigation. [New York Times, 2/28/1996] The leg will be conclusively identified as Levy’s (see February 24, 1996).

Entity Tags: Federal Bureau of Investigation, Timothy James McVeigh, Lakesha Levy

Category Tags: Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing, Bombs and Explosives

The unidentified leg found in the rubble of the Oklahoma City bombing (see August 7, 1995 and February 21, 1996) belongs to Airman Lakesha Levy, according to DNA tests carried out by FBI forensic scientists. The FBI also uses footprints from the leg to identify it as Levy’s. Levy was buried with a severed leg belonging to another, as-yet-unidentified bombing victim. Stephen Jones, the lead defense attorney for indicted bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), says that the prosecution’s forensic evidence “appears to be moving in different directions like a weather vane in an Oklahoma stormy spring.” State medical examiner Frederick B. Jordan says his office made three mistakes in identifying Levy’s remains: burying the wrong leg with her, erroneously reporting that the wrong leg was still attached to the body, and erroneously reporting that Levy was found with a combat boot on her left foot. Jordan says the errors may refer to Levy’s right leg, not the severed left leg. The FBI has not yet identified the victim whose leg was buried with Levy. [Associated Press, 2/24/1996] The leg buried with Levy will never be identified. In 1999, it will be buried with honors, along with an assortment of other unidentified fragments and tissue remnants from the bomb site, in a memorial garden on the Oklahoma City capitol grounds. [Amarillo Globe-News, 12/11/1999]

Entity Tags: Timothy James McVeigh, Federal Bureau of Investigation, Frederick B. Jordan, Stephen Jones, Lakesha Levy

Category Tags: Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing, Bombs and Explosives

A jury convicts anti-abortion activist John Salvi of murdering two people and attempting to kill five others at two Massachusetts abortion clinics (see December 30, 1994 and After). Salvi’s lawyers fail in attempting to prove him insane, dubbing him a paranoid schizophrenic who is not legally responsible for his actions. In a statement to the court, Salvi refused to apologize for his actions, and instead told the court of his theories of a widespread anti-Catholic conspiracy. “As you know, I haven’t pled guilty though I am against abortion,” Salvi told the court. “My position is pro-welfare state, pro-Catholic labor union, and, basically, pro-life.” Salvi is sentenced to two consecutive life sentences as well as lengthy jail terms for the assault convictions. Planned Parenthood official Nicki Nichols Gamble says she hopes the verdict “will help to de-escalate the climate of fear and violence that has surrounded the services we provide.” Mark Nichols, the brother of Lee Ann Nichols, one of Salvi’s victims, says after the verdict is read, “Justice was done.” Ruth Ann Nichols, Lee Ann’s mother, said in a victim statement to Salvi and the court: “Without hesitation, I hope you have sheer misery every day of your life, as you have brought all the families. I request and hope that every December 30th they put you in solitary confinement.” Salvi’s attorney, J.W. Carney Jr., says he will appeal based on Judge Barbara Dortch-Okara’s refusal to allow Salvi to testify; towards the very end of the trial, Carney tried to assert Salvi’s right to testify, but attempted to limit the areas in which the prosecution could cross-examine him, and the judge refused to allow the restricted testimony. Carney told the jury that Salvi was a “sick, sick young man” who should be placed in a state mental facility. Prosecutor John Kivlan called Salvi an anti-abortion zealot and a “terrorist” who was lucid and sane enough to shoot seven people in three clinics in two states and avoid, for a time, a massive police manhunt. The prosecution showed that Salvi had attended meetings of anti-abortion groups and had literature from those groups, but could not show any links to the organized anti-abortion movement. [Washington Post, 3/19/1996; Kushner, 2003, pp. 39] In November 1996, Salvi will commit suicide in his jail cell. His convictions will be voided by Dortch-Okara because he will be unable to complete his appeals process due to his suicide, a technical ruling that will cause great pain to the family members of his victims. Ruth Ann Nichols will tell reporters, “I have to tell you the truth, it’s as if John Salvi is coming from the grave to bring me some hurt.” [New York Times, 2/2/1997]

Entity Tags: Mark Nichols, J.W. Carney Jr, Nicki Nichols Gamble, Barbara Dortch-Okara, Lee Ann Nichols, Ruth Ann Nichols, John Salvi, John Kivlan

Timeline Tags: US Health Care

Category Tags: Abortion-Based Rhetoric and Actions, Court Actions and Lawsuits, Killing Spree by John Salvi

Daniel Petersen and LeRoy Schweitzer.Daniel Petersen and LeRoy Schweitzer. [Source: Associated Press]The day after the FBI besieges the Montana Freemen compound (see March 25, 1996), federal indictments are unsealed charging Freemen leader LeRoy Schweitzer, along with Freeman Daniel E. Petersen Jr. and others, with conspiracy, mail and bank fraud, armed robbery, and threats against federal officials (see January 1994, June-July 1994, February - March 1995, May 1995, and September 28, 1995 and After). [Billings Gazette, 3/25/2006] Schweitzer was arrested after passing a fraudulent check to an undercover FBI agent. According to the indictment, Schweitzer gave an FBI agent a fake “comptroller’s warrant” for $3 million, in return for the profits made by selling imports bought with the $3 million. Had the scheme gone as planned, Schweitzer could have netted $1 million in cash from the operation. Lavon Hanson is charged with facilitating Schweitzer’s scheme. Some of the indictments have been pending for a long time; some of them apply to Freemen currently involved in the standoff with the FBI. Schweitzer, Petersen, Rodney Skurdal, Richard Clark, and Emmett Clark are charged with conspiracy to impede government function and threatening to assault, kidnap, and murder a judge and other government officials. The same five, along with John McGuire, Cherlyn Bronson Petersen, Agnes Bollinger Stanton, William Stanton (see October 17, 1994), Ebert Stanton, Ralph Clark (see 1980s-1994), and Dale Jacobi are charged with 51 counts of conspiracy to defraud and to obtain money through false pretenses, and interfering with commerce (see October 2, 1995). McGuire is in custody in another state; Stanton is behind bars. Ken Toole of the Montana Human Rights Network says of Schweitzer and the Freemen: “They have essentially drawn a line in the sand with law enforcement who have tried to enforce those laws. They have threatened local law enforcement and other public officials.” Addressing accusations that the FBI is harassing Schweitzer and his fellows for their beliefs, Toole says the indictments are “clearly a matter of what they have done, not what they believe.” [CNN, 3/28/1996; Mark Pitcavage, 5/6/1996] The arraignment hearing does not go well. Schweitzer and Petersen scream down the judge and other members of the court, shouting that the court has no jurisdiction over them and they will not listen to court officers. They demand a change of venue to “Justus,” and yell about “admiralty law” vs. “common law” and the fringed flag voiding any civil jurisdiction (see Fall 2010). The judge sends Schweitzer and Petersen into another room, and completes the arraignment without their participation, giving them written copies of the arraignment. Author Mark Pitcavage later notes that every court appearance by the Freemen is an opportunity for guerrilla theater. Soldier of Fortune writer Jim Pate later observes that their fanaticism is like a holy war (see April 1995). “Their political philosophy is based on their religious philosophy. And in that respect, they are very similar to the young man who was just convicted of murdering the prime minister of Israel (see November 4, 1995). They’re similar in the depth of their convictions to Hamas.” Musselshell County Attorney John Bohlman (see February - March 1995), learning of the FBI arrests, moves himself and his family from their Roundup, Montana, home, fearing Freemen retaliation; CB scanners pick up reports that the Freemen intend to come into Roundup and kill people, though none actually do. [Mark Pitcavage, 5/6/1996]

Entity Tags: Ebert Stanton, Richard Clark, Daniel Petersen, William Stanton, Cherlyn Bronson Petersen, Agnes Bollinger Stanton, Ralph Clark, Montana Freemen, Rodney Owen Skurdal, Dale Jacobi, Jim Pate, Federal Bureau of Investigation, Emmett Clark, Mark Pitcavage, LeRoy Schweitzer, John Bohlman, Ken Toole, John McGuire, Lavon T. Hanson

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen

Indicted Montana Freemen Daniel Petersen and LeRoy Schweitzer, who have previously attempted to disrupt court proceedings with shouts, curses, and specious legal wrangling (see March 26, 1996), remain quiet in the court while Judge Richard Anderson reads the indictment to them. However, when asked to enter a plea, Petersen shouts at Anderson that he wants “you to be an honest person and the rest of these perverts to be honest people.” Petersen is taken to a holding cell to watch the proceedings; Anderson enters “not guilty” pleas on their behalf. [Mark Pitcavage, 5/6/1996]

Entity Tags: Daniel Petersen, Richard Anderson, Montana Freemen, LeRoy Schweitzer

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen

Timothy McVeigh and Terry Nichols, accused of carrying out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), are moved to a jail in Englewood, Colorado, in preparation for their upcoming trials. The two are flown into the Jefferson County Airport northwest of Denver in a Defense Department jet and then transferred to a helicopter, presumably for a flight to the federal prison in Englewood. Heavily armed guards seal the area as the two are transferred to the helicopter. [Associated Press, 3/31/1996; Fox News, 4/13/2005] McVeigh and Nichols will be tried in Denver (see February 20, 1996).

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh

Category Tags: Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing

Richard Clark, a Montana Freeman not among the members besieged inside their compound (see March 25, 1996), surrenders to federal officials. When Clark is arraigned in federal court the next day, he refuses to accept a lawyer or to give his name, saying that his name is “private.” For a time, he refuses to eat. [Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006]

Entity Tags: Montana Freemen, Richard Clark

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen, Freemen/FBI Standoff

Indicted Freemen leader LeRoy Schweitzer (see March 26, 1996) declares himself on a hunger strike, and is remanded to a federal detention center in Springfield, Missouri, that handles sick prisoners, so his health can be monitored. Both Schweitzer and his colleague Daniel Petersen refuse to bathe or change their clothes. In the following days, Schweitzer will abandon his hunger strike. Petersen will issue a barrage of legal documents, including “writs of mandamus” demanding his immediate release and charges to be dropped. He will threaten US Attorney Sherry Matteucci with imprisonment and a $1,000/day fine if she does not let him go. [Mark Pitcavage, 5/6/1996]

Entity Tags: Daniel Petersen, Sherry Matteucci, Montana Freemen, LeRoy Schweitzer

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen

Two people voluntarily leave the Freemen ranch near Jordan, Montana, currently surrounded by FBI and law enforcement agents (see March 25, 1996). Val Stanton and her young daughter Mariah leave. Stanton is not wanted on any charges. Some believe that their departures trigger the departure of Ebert and Agnes Stanton; they leave three days later, and are taken into custody. Agnes Stanton is released from jail, ordered to remain in “house arrest” at the residence of her son in Billings, Montana, and given an electronic ankle monitor. Ebert Stanton is denied bail. [Associated Press, 4/6/1996; Mark Pitcavage, 5/6/1996]

Entity Tags: Val Stanton, Agnes Bollinger Stanton, Mariah Stanton, Ebert Stanton, Montana Freemen

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen, Freemen/FBI Standoff

Ted Kaczynski’s mug shot.Ted Kaczynski’s mug shot. [Source: Federal Bureau of Investigation]Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), is charged with a federal weapons violation as a result of his possession of unlawful bomb parts. [Washington Post, 1998] Kaczynski is charged with the violation in a Helena, Montana, court; he was captured in a small rural cabin in nearby Lincoln, Montana. [Washington Post, 4/5/1996] A New York Times reporter describes Kaczynski as “dressed in orange jail-house overalls,” and with a “confident” appearance, even wearing “a bit of a smirk on his face as he glanced around the courtroom.” Kaczynski ignores shouted questions from reporters asking if he is responsible for the bombings; his responses to Judge Charles C. Lovell as to his mental competence and understanding of the charge against him are clear and rational. Lovell assigns public defender Michael Donahoe as his lawyer. FBI investigators tell reporters they are confident that Kaczynski is indeed responsible for the bombings. They add that it is likely Kaczynski will soon be moved to California, either to San Francisco, home base of the federal task force that has searched for the Unabomber for years, or to Sacramento, where the latest attack occurred last April (see April 24, 1995). [New York Times, 4/5/1996]

Entity Tags: Michael Donahoe, Charles C. Lovell, Federal Bureau of Investigation, New York Times, Theodore J. (“Ted”) Kaczynski

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 'Unabomber' Attacks, Bombs and Explosives

The public defender for Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), files a court order seeking to stop other lawyers from trying to take over Kaczynski’s defense. Michael Donahoe, a public defender, cites Montana state rules forbidding lawyers from asking a defendant to hire them if they know the defendant already has a lawyer, and prohibiting requests involving coercion. “This case has drawn substantial media attention, and that attention has caused people from a variety of disciplines to offer services to Mr. Kaczynski,” Donahoe says in his motion. Some lawyers have, Donahoe says, “taken it upon themselves to contact Mr. Kaczynski directly,” including a California lawyer, Warren Wilson. Reuters observes, “Lawyers frequently offer their services free in highly visible cases because of the publicity they generate.” [Reuters, 4/8/1996]

Entity Tags: Warren Wilson, Reuters, Michael Donahoe, Theodore J. (“Ted”) Kaczynski

Category Tags: Court Actions and Lawsuits, 'Unabomber' Attacks

Stephen Jones, the lead defense lawyer for indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), asks the court to provide him with classified documents from the CIA, Defense Intelligence Agency, and National Security Agency. The documents concern terrorist groups in Iraq, Iran, the Sudan, Great Britain, and Germany. In a sealed document not given to the prosecution, Jones tells Judge Richard P. Matsch that he has evidence from several confidential sources that the bombing was financed and carried out by a foreign terrorist group, and he wants the documents to prove that allegation. Prosecution member Beth Wilkinson calls the defense request “speculative and over-broad.” Federal officials say they do not believe the files will help the defense exonerate either McVeigh or his co-conspirator Terry Nichols, Wilkinson says, and adds that after April 21, 1995, when McVeigh was arrested (see April 21, 1995), the intelligence agencies had no role in the criminal investigation. “It is the government’s position that the bomb cost the defendants less than $1,000 to put together,” Wilkinson says. “They didn’t need a foreign government to finance the bombing.” Wilkinson says that the prosecution has already given Jones and Nichols’s lawyers an enormous amount of documents, including videotapes, photographs, laboratory reports, telephone and hotel records, and witness statements. Wilkinson says Jones’s attempts to get classified information are “effort[s] to investigate where the government stopped its investigation” of a possible overseas connection to the bombing. If the government were to allow Jones to review all its unrelated files, she says, “we would be here for years.” Matsch says he will read the request, but gives no indication as to how he will rule. Jones has also asked for documentation of accusations made by FBI forensic specialist Frederic Whitehurst, who has said that FBI scientists have not always handled evidence properly (see January 27, 1997). A Justice Department memo indicates that one of the FBI explosive experts who handled evidence in the Oklahoma City bombing case has been criticized by Whitehurst. Wilkinson says the government will turn over all pertinent information about Whitehurst’s complaints to the defense. [New York Times, 4/10/1996] Matsch will rule against the request. [Reuters, 4/30/1996]

Entity Tags: Terry Lynn Nichols, Beth Wilkinson, Federal Bureau of Investigation, Frederic Whitehurst, Timothy James McVeigh, Richard P. Matsch, Stephen Jones

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Federal prosecutor Robert J. Cleary, an assistant US attorney based in Newark, New Jersey, is named the lead prosecutor in the Unabomber case (see April 3, 1996). Justice Department officials say that the government has not yet decided what charges to file against suspected bomber Theodore J. Kaczynski, though experts believe that he will be charged with the murder of advertising executive Thomas J. Mosser, killed by a mail bomb almost two years ago (see December 10, 1994). The Mosser murder, along with a second Unabomb-connected murder (see April 24, 1995), are important, legal observers say, because they are the only two cases punishable by the death penalty. Currently, Kaczynski is being held in Helena, Montana, on charges of possession of illegal explosives. He is being held without bail. Officials say they doubt that Kaczynski will be prosecuted for all 16 of the bombings he is suspected of committing, but only those that caused serious injury or death. Cleary’s prosecution team is made up of himself, Stephen P. Freccero of San Francisco, Robert Steven Lapham of Sacramento, Bernard F. Hubley of Montana, and two Justice Department lawyers, E. Thomas Roberts and J. Douglas Wilson. [New York Times, 4/12/1996] Cleary has been the US Attorney’s liaison to the Unabom task force, based in San Francisco, since Mosser’s death. [Washington Post, 4/13/1996]

Entity Tags: Robert J. Cleary, Bernard F. Hubley, J. Douglas Wilson, Stephen P. Freccero, Robert Steven Lapham, Thomas J. Mosser, E. Thomas Roberts, Theodore J. (“Ted”) Kaczynski

Category Tags: Court Actions and Lawsuits, 'Unabomber' Attacks

Anti-government activist Ray Hamblin is charged with illegal possession of explosives after authorities find 460 pounds of the high explosive Tovex, 746 pounds of ANFO blasting agent, and 15 homemade hand grenades on his property in Hood River, Oregon. Hamblin will be sentenced to almost four years in federal prison. [Southern Poverty Law Center, 6/2001]

Entity Tags: Ray Hamblin

Category Tags: Anti-Government Rhetoric and Action, Law Enforcement Actions, Court Actions and Lawsuits, Other Militias, Separatists, Bombs and Explosives

Federal Judge Charles Lovell releases an inventory of the contents of the remote Montana cabin belonging to the so-called “Unabomber” (see April 3, 1996). The inventory of the cabin’s contents, mostly the belongings of Unabomber suspect Theodore J. Kaczynski, was compiled by the FBI. The 600-item inventory shows that Kaczynski had the addresses and other information of corporate executives, presumably for future bombing targets, along with a plethora of explosive devices and components, five guns, street maps of San Francisco, and hundreds of books. The books include a Bible, volumes on Eastern mysticism, and a book by social critic Paul Goodman. The FBI also lists medications such as trazodone hydrochloride, leading investigators to believe that Kaczynski may suffer from insomnia or another malady. The inventory also lists a hooded jacket, a blue zippered sweatshirt with a hood, and two pairs of plastic glasses, similar to the clothing and sunglasses described by a 1987 witness to a Salt Lake City bombing (see February 20, 1987). The inventory includes hundreds of mundane items such as a yellow plastic bucket, hiking boots, a bag of fishhooks, matches, a pocket knife, a metal pot, and a backpack. Lovell also releases the original search warrant, which told what agents believed they might find, including explosives and books on Chinese philosophy as cited in Kaczynski’s manifesto (see September 19, 1995). Three typewriters, apparently used to type the manifesto, are also listed. [New York Times, 4/16/1996]

Entity Tags: Charles C. Lovell, Federal Bureau of Investigation, Theodore J. (“Ted”) Kaczynski

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 'Unabomber' Attacks, Bombs and Explosives

Federal attorneys in California charge M. Elizabeth Broderick, who used Freemen teachings to defraud dozens of banks and businesses of millions of dollars (see October 1995 - March 1997 and March 27, 1996), and four assistants with 30 counts of fraud, counterfeiting, and conspiracy. Along with Broderick, authorities charge Adolph Hoch, his daughter Laura Marie Hoey, Barry Switzer, and Julian Cheney. All four are arrested and taken into custody. Broderick is denied bail after officials show that she is planning to flee the country; Switzer and Hoch are also denied bail. Broderick, as she has done before, claims the court has no jurisdiction on the floor; this time, to demonstrate her contempt for the proceedings, she throws the indictment on the floor. She refuses to enter a plea, so the presiding judge enters a plea of “not guilty” on her behalf. [Mark Pitcavage, 5/6/1996] Broderick will be convicted and sentenced to 16 years in prison (see March 1997).

Entity Tags: Julian Cheney, Adolf Hoch, Barry Switzer, M. Elizabeth Broderick, Laura Marie Hoey, Montana Freemen

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Montana Freemen, Robberies, Larcenies, Fraud, Etc.

Two leaders of the Militia-at-Large of the Republic of Georgia, Robert Edward Starr III and William James McCranie Jr., are charged with manufacturing shrapnel bombs for distribution to militia members. Later in the year, they will be sentenced on explosive charges to terms of up to eight years. Another Militia-at-Large member, accused of training a team to assassinate politicians, will be convicted of conspiracy. [Southern Poverty Law Center, 6/2001]

Entity Tags: Militia-at-Large of the Republic of Georgia, William James McCranie Jr, Robert Edward Starr III

Category Tags: Anti-Government Rhetoric and Action, Law Enforcement Actions, Court Actions and Lawsuits, Other Militias, Separatists, Bombs and Explosives, Shooting/Guns

Lawyers for the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) assail the prosecution’s decision to seek the death penalty against their clients. They say that Attorney General Janet Reno, who made the final decision to seek the execution of Timothy McVeigh and Terry Nichols if they are convicted (see October 20, 1995), ignored Justice Department procedures in making that decision. “The government cannot simply ignore its own rules when it decides who lives or dies,” says McVeigh’s lead lawyer, Stephen Jones. Jones accuses Reno of “categorical prejudgment” of the death penalty. Nichols’s lead lawyer, Michael Tigar, calls Reno’s decision “two-faced.” Both note that within hours of the bombing, Reno announced the government would seek to execute whoever carried out the attack (see 4:00 p.m., April 19, 1995 and April 22, 1995); rules adopted in February 1996 allow the attorney general to seek the death penalty in federal cases only after informing defense lawyers and going through a review by an in-house Death Penalty Committee. US Attorney Sean Connelly counters that when Reno announced that “she would prosecute [the bombing] to the fullest extent possible, she was not acting as a judge, she was acting as a law enforcement officer.” Defense lawyers also argue that the 1994 federal death penalty statutes are unconstitutional. Connelly retorts, “If the death penalty is not appropriate in this case, it would be hard to imagine any case where it would be.” [New York Times, 5/2/1996]

Entity Tags: Sean Connelly, Janet Reno, Michael E. Tigar, Terry Lynn Nichols, Timothy James McVeigh, US Department of Justice, Stephen Jones

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

District Court Judge Richard Matsch rejects accused Oklahoma City bomb conspirator (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) Terry Nichols’s civil challenge to the death penalty being applied to his case (see May 2, 1996). [Fox News, 4/13/2005]

Entity Tags: Terry Lynn Nichols, Richard P. Matsch

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing, Bombs and Explosives

Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), is charged in two fatal bombings in Sacramento, California (see December 11, 1985 and April 24, 1995). [Washington Post, 1998] He is not charged with murder specifically, but with transporting and mailing explosive devices with the intent to kill and injure. [Washington Post, 11/9/1997]

Entity Tags: Theodore J. (“Ted”) Kaczynski

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, 'Unabomber' Attacks, Bombs and Explosives

Tax protester Joseph Martin Bailie is arrested for trying to blow up the Internal Revenue Service building in Reno, Nevada with a fertilizer bomb (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The bomb fails to explode. He will be sentenced to 36 years in prison. [Southern Poverty Law Center, 6/2001; Anti-Defamation League, 2011]

Entity Tags: Internal Revenue Service, Joseph Martin Bailie

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Law Enforcement Actions, Bombs and Explosives, Anti-Tax Rhetoric and Actions

The Yellowstone County Courthouse in Billings, Montana, where the 14 Freemen are arraigned.The Yellowstone County Courthouse in Billings, Montana, where the 14 Freemen are arraigned. [Source: Civic Images (.com)]A group of 14 Montana Freemen make their first court appearance after surrending to federal authorities (see June 13, 1996). The 14 Freemen being processed are: Casey Clark, Edwin Clark, Emmett Clark, Ralph Clark, James Hance, John Hance, Steven Hance, Dale Jacobi, Dana Dudley Landers, Russell Dean Landers, Barry Nelson, Cherlyn Petersen, Rodney Skurdal, and Casey Valheimer. The elderly wives of two of the Freemen, Kay Clark and Rosie Clark, face no criminal charges. The Freemen in court are defiant and disruptive. Most of them object to the proceedings and refuse to acknowledge the charges being brought against them. Some of them refuse to acknowledge their names; when Magistrate Robert Holter asks Skurdal his name and explains that he wants to ensure that he is the right person, Skurdal retorts, “I object to your calling me a person, your honor.” Dana Landers responds to a similar question by reciting: “I am a Christian. My flag is red, white, and blue; it’s an American flag. The Holy Scriptures are my law. I’m not familiar with your tribunals.” Each demands their right to “effective counsel,” meaning that they should be able to choose their own lawyers but the court must pay for them. Many object to their names being spelled with all capital letters, as is common in legal briefs. One male Freeman requires physical restraint. Holter refuses to hear their arguments that their own alternative government’s rules must apply over those of the federal legal system. Working through a barrage of shouts, imprecations, and recitations, Holter assigns them lawyers over their objections, and sets arraignment and bond hearings. [CNN, 6/12/1996; New York Times, 6/14/1996; Los Angeles Times, 6/15/1996] New York Times reporter Carey Goldberg writes: “When they appeared in court on Friday, and rejected everything from the American flag to the capital letters in their names, the 14 newly surrendered Freemen laid bare, in word and posture, the central spirit of the anti-government group that held off federal agents for 81 days. It was a culture of collective denial. Each member came from a different set of circumstances, but the freedom they sought was freedom from American reality.… [W]hat united them was the ideological structure they built, in which the debts they owed were nullified, the criminal charges against them were invalid, and their position in society was considered supreme.” [New York Times, 6/15/1996]

Entity Tags: Dale Jacobi, Cherlyn Bronson Petersen, Steven Hance, Casey Clark, Carey Goldberg, Barry Nelson, Rosie Clark, Rodney Owen Skurdal, Russell Dean Landers, Ralph Clark, Emmett Clark, Edwin Clark, Dana Dudley Landers, James Hance, Robert Holter, Montana Freemen, John Hance, Casey Valheimer, Kay Clark

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen, Freemen/FBI Standoff

As a federal court in Billings, Montana, formally charges nine Montana Freemen with a variety of crimes (see 1993-1994, March 25, 1996, June 13, 1996, and June 14, 1996), the defendants repeatedly interrupt the proceedings with shouts, curses, and threats. They challenge everything from the flag displayed behind the judge to his jurisdiction over the case, refuse to answer questions from the bench and their own lawyers (one demands that his lawyer be jailed), shout a variety of curses and garbled Latin phrases, and denounce “this kangaroo court.” Before the hearing, defendant Dale Jacobi sprained his thumb resisting fingerprinting. Another defendant, Steven Hance, shouts at US Magistrate Richard Anderson after being ejected from the courtroom, “You’re going down, son.” Prosecutor James Seykora asks the court to hold Hance in contempt, and Hance shouts: “Contempt? That’s not a strong enough word.” The Freemen refuse to participate in the hearing; Anderson denies bail for the nine and enters pleas of “not guilty” on their behalf. [Los Angeles Times, 6/26/1996; New York Times, 7/27/1996]

Entity Tags: Steven Hance, Dale Jacobi, Montana Freemen, James Seykora, Richard Anderson

Category Tags: Anti-Government Rhetoric and Action, Court Actions and Lawsuits, Montana Freemen, Freemen/FBI Standoff

Lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) reveal that a family member who cooperated with the government’s investigation (see April 20-21, 1995) is the ex-wife of Nichols’s brother James (see May 22, 1995). Kelly Langenburg is also the sister of Terry Nichols’s ex-wife Lana Padilla. This information is disclosed during the course of a hearing that reviews a defense request to throw out evidence against Nichols and accused co-conspirator Timothy McVeigh. The news of Langenburg’s cooperation answers a question observers have long asked as to how the FBI knew to search James Nichols’s farm even before Terry Nichols was taken into custody (see 3:15 p.m. and After, April 21-22, 1995). [New York Times, 6/27/1996]

Entity Tags: Terry Lynn Nichols, Kelly Langenburg, Timothy James McVeigh, Lana Padilla, James Nichols, Federal Bureau of Investigation

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court to throw out evidence garnered against their client. Their reason: his wife, Marife Nichols, now claims she did not understand her legal rights at the time she let federal agents search her family’s home and car in Herington, Kansas. Investigators found a receipt for 2,000 pounds of ammonium nitrate, the fertilizer used in the bomb, bearing the fingerprints of Nichols’s co-conspirator Timothy McVeigh (see May 1, 1995), guns stolen in a robbery investigators believed was carried out to finance the bombing (see Before July 3, 1995), and other evidence. Nichols’s lawyer Michael Tigar says, “All consents obtained from Mrs. Nichols were tainted by oppression, coercion, intimidation, and duress.” Marife Nichols now says she spoke with FBI agents for about six hours once she and her husband went to the police station. She says she tried to cooperate with the agents because she wanted to end the questioning and go home. One of the agents, Eugene N. Thomeczek, “told me I had to tell the truth,” she says, and the other told her that if she answered, “Mr. Thomeczek will not ask questions again and again.” She says she could not go home, in part because her house was being searched, and later because she feared being harassed by reporters. She says she also wanted to retrieve $5,000 in currency, and nine gold and three silver coins she had hidden in the box springs of her mattress. All were kept in evidence and later returned to her. She and her daughter Nicole were taken to a hotel, and over the next 37 days they were moved from one hotel to another. During that time, she learned she was pregnant with her son Christian. “I felt confused,” she says. “I didn’t know what to do.” She says she did not realize that wives do not have to testify against their husbands and that she had the right to a lawyer. The lawyers also want to throw out Terry Nichols’s statements he made to the FBI during nine hours of questioning after he took his wife and young daughter to the Herington Public Safety Building (see 3:15 p.m. and After, April 21-22, 1995). Nichols was not adequately appraised of his rights, Tigar argues, and says that the information gleaned from Nichols during the interview was obtained through illegal coercion. All information obtained from Terry Nichols, Tigar argues, is “fruit of a poisoned tree” and must be thrown out. Nichols had agreed from the outset to speak to FBI agents without a lawyer present. [New York Times, 6/29/1996; Serrano, 1998, pp. 256-257] Judge Richard P. Matsch will not throw out the evidence (see August 14, 1996), saying that defense allegations of “coercion” and duplicity are false. [New York Times, 8/15/1996]

Entity Tags: Michael E. Tigar, Christian Nichols, Marife Torres Nichols, Richard P. Matsch, Federal Bureau of Investigation, Terry Lynn Nichols, Timothy James McVeigh, Nicole Nichols

Category Tags: Court Actions and Lawsuits, Law Enforcement Actions, 1995 Oklahoma City Bombing

Judge Richard Matsch, presiding over the upcoming trials of accused Oklahoma City bombing suspects Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), rules that a law establishing the closed-circuit telecast of the trial is constitutional, overruling objections from defense lawyers. He later orders the telecast to be shown in a government auditorium near the Oklahoma City airport. However, in January 1997, Matsch will ban the media from covering the closed-circuit telecast. [New York Times, 7/16/1996; Fox News, 4/13/2005]

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

Category Tags: Court Actions and Lawsuits, 1995 Oklahoma City Bombing

Washington State Militia leader John Pitner and seven others are arrested on weapons and explosives charges in connection with a plot to build pipe bombs for a confrontation with the federal government. Pitner and four others will be convicted on weapons charges, while conspiracy charges against all eight will end in a mistrial. Pitner will later be retried on that charge, convicted, and sentenced to four years in prison. [Southern Poverty Law Center, 6/2001]

Entity Tags: Washington State Militia, John Pitner

Category Tags: Anti-Government Rhetoric and Action, Law Enforcement Actions, Court Actions and Lawsuits, Other Militias, Separatists, Bombs and Explosives

Page 1 of 3 (279 events)
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Time period


Categories

General

Abortion-Based Rhetoric and Actions (109)Anti-Communist Rhetoric and Actions (5)Anti-Government Rhetoric and Action (548)Anti-Health Care Reform (24)Anti-Semitic Rhetoric and Actions (83)Anti-Tax Rhetoric and Actions (42)Environmental Activism (63)Faith-Based Rhetoric and Actions (102)Gender-Based Rhetoric and Actions (67)Other (6)Race and Ethnic-Based Rhetoric (158)

Interventions

Court Actions and Lawsuits (279)Federal Government Actions (56)Law Enforcement Actions (212)

Organizations

Animal Liberation Front (27)Army of God (21)Aryan Nations (38)Christian Identity (31)Earth Liberation Front (30)Elohim City (24)Ku Klux Klan (16)Michigan Militia (11)Montana Freemen (76)Montana Militia (14)National Alliance (30)Oath Keepers (5)Operation Rescue (18)Other Anti-Abortion Groups (6)Other Environmental Activists (5)Other Militias, Separatists (128)PLAL (6)Posse Comitatus (25)SHAC (10)Stormfront (12)The Order (34)WCOTC (49)Westboro Baptist Church (50)

Specific Events

'Unabomber' Attacks (43)1949 Peekskill Riots (3)1992 Ruby Ridge Standoff (5)1993 Branch Davidian Siege (7)1995 Oklahoma City Bombing (442)2001 Anthrax Attacks (39)2009 Health Care Protests (23)2009 Holocaust Museum Shooting (4)Death of Robert Jay Mathews (5)Eric Rudolph Bombings (15)FACE Law (3)Freemen/FBI Standoff (37)Killing Spree by John Salvi (3)Murder of Alan Berg (3)Murder of Dr. Barnard Slepian (6)Murder of Dr. David Gunn (2)Murder of Dr. George Tiller (17)Murder of Dr. John Britton (4)Shepard/Byrd Hate Crimes Act (7)

Types of Violence

Arson (62)Beatings/Mobs (36)Bioweapon Attacks (43)Bombs and Explosives (328)Harassment and Threats (95)Kidnapping (5)Other Violence (41)Rhetoric from National Figures (45)Rhetorical Violence (218)Robberies, Larcenies, Fraud, Etc. (71)Shooting/Guns (115)Vandalism (19)
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