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| S P E C I A L | The Terry Nichols Trial |
Witness says FBI didn't follow up tip about John Doe No. 2
Bates testified that he hired a man that resembled John Doe No. 2 Defense may rest on Wednesday
December 9, 1997
Web posted at: 10:25 p.m. EST (0325 GMT)DENVER (CNN) -- The owner of an Oklahoma waffle shop said Tuesday that he told the FBI about a man who resembled John Doe No. 2 after the Oklahoma City bombing, but that agents never followed up on the information.
In addition to waffle shop owner Darvin Bates, defense attorneys for Terry Nichols called witnesses whose testimony appeared aimed at establishing Nichols as a family man, in contrast with convicted bomber Timothy McVeigh.
The defense said Tuesday evening that Wednesday could be their last day of testimony. The prosecution would then have a chance to present rebuttal witnesses, and closing statements could be heard as soon as next Monday.
A L S O :
Nichols trial transcripts
The case would then go to the jury. Nichols, 42, could get the death penalty if convicted.
Testifying for the second day, Bates said that about a month after the bombing he hired a man who he became convinced was John Doe No. 2.
Bates, whose waffle shop is in a small town 75 miles south of Oklahoma City, said he contacted the FBI and an agent told him that "they had the two (bombing suspects) they were interested in and if they needed additional information they would call me." Bates could not recall the agent's name.
He said under cross-examination that he did not try to reach other law enforcement officials or federal prosecutors, but he did contact Nichols' defense attorneys.
"I felt that any reasonable-thinking person that loved his country would like to bring forth any pertinent information that would be valuable to this trial," he said.
Had 'an uneasy feeling'
Bates testified that about a month after the bombing, a short, olive-skinned man came to his waffle shop looking for work, and he hired him despite "an uneasy feeling" because of the man's resemblance to a sketch of John Doe No. 2.
Three days later, Bates called the FBI, he said. The man received a $90 salary advance at the end of his shift that day, but never returned, Bates said.
Bates said the man's name was difficult to pronounce, so the man told him, "Just call me John." He also said the man told him he was from Kingman, Arizona, where McVeigh lived during part of the planning period for the bombing.
In the early days of the manhunt for bombing suspects, a sketch circulated that showed John Doe No. 2, a man some claimed they had seen with McVeigh when he rented the truck used in the bombing. Prosecutors have since said John Doe No. 2 was not involved.
Nichols The defense used other witnesses to set Nichols apart from McVeigh, the 29-year-old Gulf War veteran who has been sentenced to death in the bombing.
Etta Mae Hartke, a neighbor of Nichols, testified via videotape that he was courteous and polite and offered to help her terminally ill husband.
Barry Thacker, the Herrington, Kansas, police chief, testified that Nichols was carrying his daughter, Nicole, when came into the police station with his wife, Marife, two days after the bombing.
"He said he had just seen his name on TV and he'd like to see if he could talk to someone about why ...," said Thacker. He said Nichols was concerned but cooperative and wanted to know why his name was being mentioned in connection with the bombing.
Correspondent Tony Clark and The Associated Press contributed to this report.
T H E B O M B I N G / C N N S T O R I E S / L I N K S
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