Jury to weigh life or death for Nichols Monday

December 24, 1997
Web posted at: 1:32 p.m. EST (1832 GMT)

DENVER (CNN) -- U.S. District Judge Richard Matsch on Wednesday rejected a defense argument that Terry Nichols should be spared a possible death penalty, and decided that the penalty phase of his trial should begin Monday as planned.

The ruling means that jurors will have to decide whether Nichols should live or die for his role in the April 19, 1995, Oklahoma City bombing that killed 168 people. He was convicted Tuesday of conspiracy and involuntary manslaughter.

Defense attorneys tried to block the penalty phase by arguing that jurors, by their verdicts, already had decided that Nichols hadn't set out to kill anyone.

"They acquitted the defendant of all forms of intent-to-kill homicide," said lead defense attorney Michael Tigar. "There can't be a death sentence without proof of major participation and an intent that rises at least to the level of second-degree murder."

CNN's Susan Candiotti reports from Denver 2 min. 31 sec. VXtreme video
Reaction to the Nichols verdict
CNN's Tony Clark speaks with McVeigh juror Michael Leeper
	298K/25 sec. AIFF or WAV sound
Defense attorney Michael Tigar reacts to the verdict
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Prosecutor Larry Mackey reacts to the verdict
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If the federal jury opts for a lesser sentence, Nichols could still receive a death penalty later, because he and his co-defendant, Timothy McVeigh, are to face trial in Oklahoma on state murder charges.

The Nichols jury's verdicts on the 11 counts he faced were:

Guilty:

• Conspiracy to use a weapon of mass destruction by plotting to use an explosive to bomb the Oklahoma City Federal Building.

• Involuntary manslaughter for the deaths of eight federal agents. Involuntary manslaughter was defined as "the unlawful killing of a human being without malice."

Innocent:

• Use of a weapon of mass destruction; using a truck bomb to kill.

• Destruction by explosive; using a truck bomb to destroy the building.

In response to Wednesday's defense motion, Prosecutor Sean Connelly argued that the death penalty was appropriate, because the jury convicted Nichols of conspiring to bomb the building, which resulted in foreseeable deaths.

"It's not for any of us to speculate why the jury returned the verdicts they did," Connelly said.

Bombing scene

Matsch then rejected the defense request, saying, "We'll go forward."

Criminal Defense Attorney Daniel Recht told CNN he was not surprised by Matsch's ruling. "Judge Matsch is basically saying 'Let's let the jury decide.'"

"I believe strongly that this jury is going to say 'no death penalty.' In fact, I think the jury thought they already decided that and were surprised that they still have this decision to make."

McVeigh, Nichols' former army buddy, was convicted in June on all 11 counts of murder and conspiracy and sentenced to death for the bombing.

But Nichols was at home in Kansas -- 200 miles away -- when the bomb went off. And the prosecution's circumstantial case against him failed to show any agreement with McVeigh to bomb the building or any malice against the federal agents who died in the blast.

Correspondents Tony Clark and Susan Candiotti and The Associated Press contributed to this report.

T H E   N I C H O L S   T R I A L  /   T H E   M c V E I G H   T R I A L
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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