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| S P E C I A L | The Terry Nichols Trial |
Nichols penalty decision delayed for weeks
Judge to decide after jury deadlock; Oklahoma bombing conspirator escapes death penalty
January 7, 1998
Web posted at: 1:53 p.m. EST (1853 GMT)In this story:
DENVER (CNN) -- Oklahoma City bombing conspirator Terry Nichols escaped the death penalty on Wednesday when the jury deadlocked on his sentence, which will now be decided by the judge, at least one month from now.
The jury was dismissed by U.S. District Judge Richard Matsch after it announced it was unable to reach a unanimous decision in the penalty phase of Nichols' trial.
CNN legal analysts Greta Van Susteren and Roger Cossack discuss the decision
7 min., 30 sec. VXtreme streaming video
Under federal law, a death sentence can only be imposed by a jury.
Matsch can imprison Nichols for life or choose a shorter sentence but, before he decides, a pre-sentencing hearing must be scheduled. Matsch said he would not set a date for that hearing until he heard motions filed by defense and prosecution lawyers.
Defense attorney Michael Tigar reacts to the decision
265K/25 sec. AIFF or WAV sound
Prosecutor Larry Mackey is disappointed by the jury's decision
The defense asked to have until February 23 to file its motions but Matsch told both sides to submit pre-sentencing paperwork by February 9.
At a pre-sentencing hearing, Nichols would have the opportunity to speak without any cross-examination.
Darlene Welch, who lost her niece in the bombing, feels the jury has failed the victims
Marsha Kight, who lost her daughter, reacts to the decision
The deadlocked jury -- seven women and five men -- was the same panel that on December 23 found Nichols guilty of involuntary manslaughter and conspiracy in the April 1995 attack. However, it acquitted him of taking part in the actual bombing.
Nichols' former Army buddy, Timothy McVeigh, was convicted in June of murder and other charges in the truck bombing and was sentenced to death.
Reaction
The jury was unable to decide on Nichols' intent
Marsha Kight, whose daughter was one of 168 people killed in the blast, said she was "extremely upset and disappointed" at the jury's inability to decide on a penalty for Nichols. "I don't understand. I want to know where they are coming from," she said, wiping tears from her eyes outside the federal courthouse in Denver.
Darlene Welch, who lost her niece, also cried in disappointment. "The jury failed us. They didn't do their job," she told CNN affiliate KUSA.
Comments from Marsha Kight, whose daughter was killed in the Oklahoma City bombing
Lead prosecutor Larry Mackey said he regretted Wednesday's development, adding, "the victims of the Oklahoma City bombing will be disappointed." "Terry Nichols joins Tim McVeigh as having been convicted of his part in the Oklahoma City bombing," he said outside the federal courthouse in Denver. "It falls to us now to proceed forward in court ... to press for the most appropriate sentence for (Nichols)."
Defense attorney Michael Tigar said he was pleased that the jury and the judge "have given everybody a valuable object lesson on how the American justice system works." Jury's options explained
McVeigh's trial attorney, Stephen Jones, told CNN he was not surprised at the impasse in the penalty phase of the Nichols case.
"I thought that the jury was divided and had reached a compromise verdict in the (guilt) phase. The fact that they could not agree on a sentence in the (penalty) phase reaffirms that they were bitterly divided and under the rules they had to pass it to the judge."
There is no such thing as a "hung jury" in penalty phase deliberations. Instead, the Nichols jury had three options:
- Issue a death sentence.
- Send Nichols to prison for life without parole.
- Send the case back to the judge.
The panel chose the last option.
Matsch told jurors they had done their job after deliberating for more than 13 hours over two days before announcing they could not unanimously agree on a penalty. "I do not want you to feel that you have in any way failed to meet your responsibility," he said.
Correspondents Susan Candiotti and Tony Clark 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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