DATE=  11/2/97

TYPE=CORRESPONDENT REPORT

NUMBER=2-222041

TITLE=NICHOLS TRIAL

BYLINE=RICK SALINGER

DATELINE=DENVER

CONTENT=

VOICED AT: 



INTRO:  THE SECOND DEFENDANT IN THE 1995 BOMBING OF THE OKLAHOMA 

CITY FEDERAL BUILDING, GOES ON TRIAL MONDAY IN DENVER.  RICK 

SALINGER REPORTS FROM DENVER.



TEXT:  ONE-HUNDRED-SIXTY-EIGHT PEOPLE DIED IN THE MOST 

DEVASTATING ACT OF TERRORISM ON U-S SOIL.  THE GOVERNMENT CLAIMS 

RESPONSIBILITY LIES WITH TWO MEN.



TIMOTHY MCVEIGH HAS BEEN CONVICTED AND IS APPEALING HIS DEATH 

SENTENCE.  NOW IT IS CO-DEFENDENT TERRY NICHOLS' TURN TO FACE A 

JURY.



THE LEAD PROSECUTOR IS LARRY MACKEY.



                       /// MACKEY ACT ///



         WE ARE QUITE SATISFIED THAT WE ENDED UP WITH A JURY THAT

         WILL HEAR BOTH SIDES WITH A FAIR AND OPEN MIND.



                     /// END MACKEY ACT ///



THE GOVERNMENT CASE IS EXPECTED TO SHOW MR. NICHOLS HARBORED 

LONG-TERM ANTI-GOVERNMENT BELIEFS, THAT BOMB-MAKING MATERIALS 

LIKE AMMONIUM-NITRATE FERTILIZER AND BLASTING CAPS WERE FOUND IN 

HIS HOME, AND HE LIED TO THE F-B-I WHEN QUESTIONED ABOUT HIS 

RELATIONSHIP WITH MCVEIGH.



MR. NICHOLS PROVIDED MORE THAN NINE-HOURS OF STATEMENTS TO 

FEDERAL AGENTS AT THE HARRINGTON, KANSAS, POLICE DEPARTMENT 

TWO-DAYS AFTER THE BOMBING.  THOSE STATEMENTS COULD NOT BE USED 

AGAINST MCVEIGH, BUT NOW THEY ARE EXPECTED TO BE USED PROMINENTLY

BY BOTH THE GOVERNMENT AND THE DEFENSE IN THE NICHOLS CASE.  THAT

IS THE MAIN REASON JUDGE RICHARD MATSCH ORDERED SEPARATE TRIALS.



THE DEFENSE IS EXPECTED TO EMPHASIZE MR. NICHOLS ROLE AS A FAMILY

MAN.  IT WILL CLAIM THE BOMBING WAS MCVEIGH'S PLOT TO REVENGE THE

FEDERAL ASSAULT ON THE BRANCH DAVIDIAN COMPOUND THAT KILLED MORE 

THAN 80 PEOPLE TWO-YEARS EARLIER IN WACO, TEXAS.



MR. NICHOLS' ATTORNEY, MICHAEL TIGAR, IS ALSO EXPECTED TO 

RE-EMPHASIZE THE CONSISTENT THEME THE DEFENDANT WAS NOT IN 

OKLAHOMA CITY APRIL 19TH, 1995 WHEN THE BOMB EXPLODED.



                        /// TIGAR ACT ///



         MR. NICHOLS FEELS VERY GOOD ABOUT THIS PROCESS AND WE 

         ARE ALL WORKING TOGETHER TO OPEN TO THIS JURY MONDAY 

         MORNING.  SO THAT IS WHEN YOU WILL HEAR ABOUT THE CASE.



                      /// END TIGAR ACT ///



THE JURORS COME FROM A WIDE VARIETY OF BACKGROUNDS.  THERE ARE 

TWO NURSES, TWO SCHOOL BUS DRIVERS, AND A GEOPHYSICIST AMONG 

THEM.  



MANY FAMILY MEMBERS OF THE BOMBING VICTIMS ARE EXPECTED TO BE 

PRESENT AT THE TRIAL.  MARCIA KITE LOST HER DAUGHTER, FRANKIE 

MERRIL.



                        /// KITE ACT ///



         MY DAUGHTER'S, WOULD HAVE BEEN HER 26TH, BIRTHDAY WAS 

         LAST WEEK.  IT THINK THE HOLIDAYS ARE GOING TO MAKE IT 

         TOUGH ON EVERYBODY.  AND WE SHOULD NOT HAVE TO BE HERE 

         IN THE FIRST PLACE.



                      /// END KITE ACT ///



FOR TWO-AND-ONE-HALF YEARS TERRY NICHOLS HAS BEEN BEHIND BARS.  

THIS TRIAL WILL DETERMINE IF HIS FUTURE IS FREEDOM, PRISON, OR 

LIKE TIMOTHY MCVEIGH A PENALTY OF DEATH.   (SIGNED)



NEB/RAE 



02-Nov-97 2:08 PM EST (1908 UTC)

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Source: Voice of America

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