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Lawyer changes mind to lead Nichols' prosecution

In this story:

• Mackey had planned to leave after McVeigh trial
• Mackey gets kudos for his work
• Most of prosecution team stays the same

(CNN) -- "McVeigh lit the fuse and left the truck ... The hands of time fell to rest that morning at 9:02 ... America stood in shock ... Who could do such a thing? It has fallen to you, members of the jury, to answer this question. ... The answer is clear -- Tim McVeigh did it."

The compelling closing argument by attorney Larry Mackey wrapped up the prosecution's case against Timothy McVeigh, and left a juror and many courtroom spectators in tears.

A federal prosecutor from Indianapolis, Mackey was the No. 2 man on the McVeigh prosecution team led by lawyer Joseph Hartzler.

Because Hartzler opted to leave the Oklahoma City bombing case after McVeigh's conviction, Mackey was left to choreograph the government's case against suspect Terry Nichols, who was believed to be McVeigh's accomplice.

Hartzler, who returned to his post in the U.S. attorney's office in Springfield, Illinois, said Mackey's organizational skills were crucial for the team's success.

Mackey had planned to leave after McVeigh trial

The 46-year-old Mackey has been a member of the McVeigh prosecution team since July 1995. During the Nichols trial, he, like Hartzler, said he wanted to return to his job in Indiana when the McVeigh trial ended.

However, sources told CNN that Mackey changed his mind, because of two events: the unexpected brevity of the McVeigh trial and his desire to prosecute the case to the end.

Mackey made an impassioned case against McVeigh in his closing arguments, using the former soldier's words against him when he told the jury the bombing victims were not "tyrants whose blood had to be spilled to preserve liberty."

"Who are the patriots, and who is the traitor?" Mackey asked.

He described how he believed McVeigh, in heading to his getaway car after the bombing, could see the toys and cribs in the building's day-care center -- with only a "wall of windows" to protect the children from the blast.

Mackey gets kudos for his work

Those who know Mackey say he has the authoritative courtroom manner a prosecutor needs.

"He's really, really thorough. His grasp of facts is remarkable," said Kevin McShane, an Indianapolis defense attorney who has faced Mackey in court.

U.S. Attorney General Janet Reno was equally complimentary when she announced Mackey's appointment as lead prosecutor in the Nichols trial.

"Larry Mackey is an experienced trial lawyer and an accomplished leader whose skills were instrumental to preparing and arguing the government's case in the first Oklahoma City bombing trial," Reno said. "The trial team is in very good hands."

Mackey graduated summa cum laude from the University of Evansville in 1972 and magna cum laude from Indiana University School of Law in 1976.

Most of prosecution team stays the same

A new addition to the prosecution team is veteran prosecutor Geoffrey Mearns, the first assistant U.S. attorney for the Eastern District of North Carolina in Raleigh. Mearns has investigated and prosecuted several significant organized- crime cases

Other key prosecutors are:

Beth Wilkinson: She is a Justice Department prosecutor from Washington, D.C. During the McVeigh trial, Wilkinson guided several crucial witnesses -- including McVeigh's sister Jennifer -- through difficult testimony.

Pat Ryan: The U.S. attorney in Oklahoma City prepared the jury for some of the heart-wrenching testimony they heard during the penalty phase of the trial, during which they were forming their recommendation for sentencing.

Sean Connelly: He has authored many of the government's massive motions and briefs.

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