IN THE UNITED STATES DISTRICT COURT
                 FOR THE DISTRICT OF COLORADO
 
Criminal Action No. 96-CR-68
 
UNITED STATES OF AMERICA,
 
    Plaintiff,
 
vs.
 
TERRY LYNN NICHOLS,
 
    Defendant.
 

                     REPORTER'S TRANSCRIPT
                 (Trial to Jury:  Volume 133)
         Proceedings before the HONORABLE RICHARD P. MATSCH,
Judge, United States District Court for the District of
Colorado, commencing at 5:00 p.m., on the 17th day of December,
1997, in Courtroom C-204, United States Courthouse, Denver,
Colorado.

 Proceeding Recorded by Mechanical Stenography, Transcription
  Produced via Computer by Paul Zuckerman, 1929 Stout Street,
    P.O. Box 3563, Denver, Colorado, 80294
                          APPEARANCES
         PATRICK RYAN, United States Attorney for the Western
District of Oklahoma, 210 West Park Avenue, Suite 400, Oklahoma
City, Oklahoma, 73102, appearing for the plaintiff.
         LARRY MACKEY, BETH WILKINSON, GEOFFREY MEARNS, JAMIE
ORENSTEIN, and AITAN GOELMAN, Special Attorneys to the U.S.
Attorney General, 1961 Stout Street, Suite 1200, Denver,
Colorado, 80294, appearing for the plaintiff.
         MICHAEL TIGAR, RONALD WOODS, and JANE TIGAR, Attorneys
at Law, 1120 Lincoln Street, Suite 1308, Denver, Colorado,
80203, appearing for Defendant Nichols.
                         *  *  *  *  *
                          PROCEEDINGS
    (In open court a 5:00 p.m.)
         THE COURT:  Be seated, please.
         It being 5:00, we'll return the jury and see if they
want to recess for the day; give them cautionary instructions.
    (Jury in at 5:00 p.m.)
         Members of the jury, good afternoon.
         JURORS:  Good afternoon.
         THE COURT:  As I told you in the instructions, of
course, the timing of your deliberations is entirely a matter
for the jury to determine.  I also suggested that you may want
to work the routine days starting a little earlier than we did
in the courtroom, at 8:30 and then recess at 5.  And I'm
assuming that that's agreeable to you and therefore you would
now like to recess for the day.  And so we will now interrupt

your deliberations.
         And the reason for bringing you back into the
courtroom, of course, as I'm sure you recognize, is the
opportunity again to remind you of the things that I probably
don't have to repeat but which are extremely important; and
that is again to remind you that each one of you is one of 12;
that you serve on the jury, a jury of 12, and that therefore
your work on the case, as it were, is limited to the time when
you are together serving as the jury with your foreperson in
charge of the deliberations.
         And accordingly, during the time now -- and would you
like to resume again at 8:30 in the morning?  Is that the . . .
         So between now and then, of course, you will separate
and do as you choose individually.  And again, I remind you
that, of course, it would be inappropriate and a violation of
your oath if two or more of you were to talk during this time
about the case, remembering that it's the 12 of you who use
your recollection of the evidence in the case and who discuss
the case as a group.
         And, of course, I must remind you again now, as I did
all throughout the trial, of the necessity under your oath of
staying away from anything that might be out there in radio,
television, newspapers, magazines; not let anybody -- so that
you'd stay away from anything that could possibly influence or
affect your decisions in the case and of course that you not
discuss it with your families or friends or anyone.  The thing
to do is to rest, relax, let this matter sit even in your own
minds until you're back together working on the case tomorrow.
         So with those cautions and those instructions, members
of the jury, we'll now recess your deliberations and ask you to
be back in the courthouse and resume your deliberations in the
morning.
         Now, we'll do as we did again -- I mean as we did
yesterday: ask you to have everything that pertains to your
deliberations in that one room, that deliberation room, which
we'll seal off.  And no one will be in there other than the 12
of you.  And you can be certain that no one will therefore have
access to anything that you may have in there.
         So with that, members of the jury, you're now recessed
until 8:30 tomorrow morning.  And we hope you each have a
pleasant evening.  You're in recess.
    (Jury out at 5:05 p.m.)
         MR. TIGAR:  May we approach, your Honor?
         THE COURT:  Yes.
    (At the bench:)
    (Bench Conference 133B1 is not herein transcribed by court
order.  It is transcribed as a separate sealed transcript.)


    (In open court:)
         THE COURT:  All right.  Court is in recess subject to
call.
    (Recess at 5:07 p.m.)
                         *  *  *  *  *

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