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OKC bombing decision hurts Nichols, helps McVeigh
August 15, 1996
Web posted at: 4:20 a.m. EDT
DENVER, Colorado (CNN) -- The judge in the Oklahoma City bombing case says statements that suspect Terry Nichols made when he surrendered to the FBI can be used as evidence against him -- but not against co-defendant Timothy McVeigh.
U.S. District Judge Richard Matsch on Wednesday rejected arguments by defense lawyers that the FBI tricked Nichols into admitting his involvement in the bombing.
"All of the statements in question were made knowingly and voluntarily," Matsch said. "There was a valid Miranda warning given before any substantive questioning took place and before any material statements were made by Terry Nichols."
The judge also ruled that the FBI's search of Nichols' house, based in large part on those statements, was legal.
Found in Nichols' house were blasting caps, detonator cord, plastic barrels like those believed used to hold the deadly fertilizer bomb used on the Alfred P. Murrah Federal Building and a receipt with McVeigh's fingerprint on it for the purchase of a ton of fertilizer.
"The agents had a reason to suspect there may be some hidden danger in the property," Matsch ruled.
McVeigh benefits
But the prosecution suffered a setback when the judge also ruled that Nichols' statements cannot be admitted as evidence against McVeigh.
Prosecutors had only Nichols' statement to show McVeigh was in Oklahoma City on Easter Sunday -- the day the FBI believes McVeigh left his car hidden near the federal building as a getaway vehicle.
McVeigh's lawyers argued that Nichols was not confessing to any crime, but instead was trying to wriggle off the hook when he talked to the FBI. They claimed what he said should not be used as evidence against McVeigh, since they wouldn't have the chance to cross-examine him.
Matsch agreed, saying, "None of the statements under consideration is a direct admission of any criminal conduct by Terry Nichols None of the statements directly implicates Timothy McVeigh."
The judge said the prosecution had failed to meet its constitutional burden. "Terry Nichols made these statements as admissions tending to expose him to criminal liability" and because of that, his words could not be used against any one other than himself, Matsch said.
Two trials likely
McVeigh's lawyer, Stephen Jones, said the decision increases the likelihood that McVeigh and Nichols will be given separate trials "by 200 percent." The judge scheduled a hearing on the matter for October 2.
McVeigh and Nichols are charged with murder and terrorism in the April 1995 bombing of the Oklahoma City federal building, which killed 168 people. No trial date has been set.
Related stories:
- McVeigh, Nichols plead not guilty in bombing - August 15, 1996
- Bombing indictments handed down - August 10, 1996
- The man who will defend Timothy McVeigh - August 5, 1996
- Indictment deadline looms in OKC case - August 4, 1996
- Oklahoma City bomb hearing resumes - July 15, 1996
- Nichols' defense gets notice - July 13, 1996
- Desert dig for new evidence in OKC bombing - July 12, 1996
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