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. ŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽ REPORTER'S TRANSCRIPT (Trial to Jury: Volume 139) ŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽŽ Proceedings before the HONORABLE RICHARD P. MATSCH, Judge, United States District Court for the District of Colorado, commencing at 4:59 p.m., on the 22d 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, (303) 629-9285 APPEARANCES PATRICK RYAN, United States Attorney for the Western District of Oklahoma, and RANDAL SENGEL, Assistant U.S. 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, ADAM THURSCHWELL, REID NEUREITER, and JANE TIGAR, Attorneys at Law, 1120 Lincoln Street, Suite 1308, Denver, Colorado, 80203, appearing for Defendant Nichols. * * * * * PROCEEDINGS (In open court at 4:59 p.m.) THE COURT: Be seated, please. We'll recess deliberations assuming that that's the jury's desire. (Jury in at 5:00 p.m.) THE COURT: Members of the jury, good afternoon. JURORS: Good afternoon. THE COURT: We're at the 5:00 hour, which is the usual time that you have agreed to recess your deliberations for the day, and I'm assuming that that's what you want to do now. Is that correct? All right. Then as usual, I've asked you to return to the courtroom simply to again remind you that your deliberations are, of course, secret, to be known only among the 12 of you, and that you must not now once again during the time of this recess, while you are permitted to separate and go your own ways -- you must not discuss your deliberations or anything about the case, evidence in the case, anything relating to this case with anyone else. And I assume you want to resume again at the usual time in the morning, so we'll do that under the conditions that we have followed all along. And, of course, once again, I must caution you not to discuss the matter with other jurors, either. Wait until you are once again in the jury room with the foreperson presiding over your deliberations before you return to the subject matter of your deliberations. So with those cautions, members of the jury, you're now excused until tomorrow morning. (Jury out at 5:01 p.m.) THE COURT: We'll be in recess subject to call. (Recess at 5:01 p.m.) * * * * * REPORTER'S CERTIFICATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. Dated at Denver, Colorado, this 22d day of December, 1997. _______________________________ Paul Zuckerman