Judge will order Nichols to pay for Murrah building

May 13, 1998
Web posted at: 9:40 p.m. EDT (0140 GMT)

DENVER (CNN) -- A federal judge said Wednesday that Terry Nichols will not be allowed to profit from the Oklahoma City bombing and should reimburse the government for the building he conspired to blow up.

Judge Richard Matsch said he will order Nichols to pay the government up to $14.5 million -- the construction cost of the Alfred P. Murrah Federal Building -- using the sale of any property or book rights.

The order will be handed down at Nichols' sentencing, which was set Wednesday for June 4.

Nichols has few financial assets. The judge's decision Wednesday would mean profits must go to the government if Nichols sells the rights to his story or publishes a book.

Prosecutors told the judge they were worried Nichols would try to sell rights to a book or movie after co-conspirator Timothy McVeigh is executed. McVeigh was found guilty of murder and conspiracy and was sentenced to death.

"(Nichols) would be left as the only person living who knew the story," said prosecutor Beth Wilkinson.

Nichols was convicted in December of conspiracy and eight counts of involuntary manslaughter in the bombing, but the jury deadlocked on whether to impose the death penalty. His sentence is left to Matsch, who can order a maximum of life in prison without parole.

Defense attorney Michael Tigar said a restitution order "essentially dehumanizes Mr. Nichols" by taking away his ability to support his wife and children.

But Wilkinson argued that victims of the bombing should come before Nichols' family. "His wife can work as other American women are working," she said.

Tigar said Nichols was willing to immediately sign over any movie or book rights to Marsha Kight, who lost her granddaughter in the bombing, if the government would give Nichols' wife, Marife, her rightful property.

Matsch said he would order any money into an escrow account to be decided on after the sentencing.

Kight rejected the offer of movie or book rights.

"It's a cynical ploy that would have no legal effect. If he was serious, he would withdraw his objection to restitution," she said.

The $14.5 million figure, which was suggested by prosecutors, was the original construction cost for the Murrah building, which was destroyed by the April 19, 1995, truck bombing that killed 168 people.

"The human suffering in this case is priceless," said Matsch. "There's no way to put a price tag on it."

Matsch said he will deal with setting up a restitution payment schedule later. Prosecutors have proposed using Nichols' assets, such as his $25,000 house and 1984 pickup truck, to collect the restitution. They also want his anticipated prison earnings.

Matsch said the General Services Administration will be the beneficiary of the restitution, but he agreed with prosecutors that they could arrange for the money to be forwarded to a federal fund that supports crime victims.

The Associated Press and Reuters contributed to this report.

 

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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

Related stories:

• Judge sets sentencing guideline for Fortier - May 12, 1998
• Waco, Oklahoma City mark anniversary of tragedies - April 19, 1998
• Nichols' attorneys to call for new trial - March 25, 1998

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