Time: Wed Jul 16 13:43:26 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id NAA24580 for [address in tool bar]; Wed, 16 Jul 1997 13:22:35 -0700 (MST) by usr07.primenet.com (8.8.5/8.8.5) with SMTP id MAA16709; Wed, 16 Jul 1997 12:48:20 -0700 (MST) Date: Wed, 16 Jul 1997 12:47:57 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Oklahoma Grand Jury hears conspiracy theory (fwd) <snip> > > [IMAGE] Grand jury hears conspiracy theory > > Lawmaker presents his Oklahoma City bombing findings > > 07/16/97 > > By Arnold Hamilton / The Dallas Morning News > > > OKLAHOMA CITY - As prosecutors, defense attorneys and a judge met > about Terry Nichols' trial, a state grand jury heard allegations > Tuesday that others besides Mr. Nichols and Timothy McVeigh may have > carried out the Oklahoma City bombing. > > State Rep. Charles Key, whose petition drive led to creating the grand > jury, said he presented evidence that suggests Mr. McVeigh was not > alone in the moments before the April 19, 1995, attack. > > Mr. Key, an Oklahoma City Republican, also said he developed > information that indicates federal authorities may have known in > advance of plans by anti-government factions to blow up the Alfred P. > Murrah Federal Building. > > "All the truth has not been told about the Oklahoma City bombing," Mr. > Key said after providing grand jurors with a list of 38 potential > witnesses. "The witnesses are going to back up the fact that there > were other people that helped Timothy McVeigh here in Oklahoma City." > > Federal prosecutors and investigators said they no longer believe > others may have conspired with the two former Army buddies. Mr. > McVeigh was convicted last month of conspiracy and murder and > sentenced to death. Mr. Nichols' trial on similar charges is set to > begin Sept. 29 in Denver federal court. > > Government agents also deny they knew in advance of a plot to blow up > the Murrah Building. Indeed, one federal agent, Luke Franey of the > Bureau of Alcohol, Tobacco and Firearms, testified during Mr. > McVeigh's trial of his harrowing escape from the top floor of the > bombed-out federal building. > > In other developments in the Oklahoma City bombing case: > > * Mr. Key's testimony came just hours after he learned of the death of > Glenn Wilburn, an Oklahoma City accountant who helped him spearhead > the grand jury petition drive. Mr. Wilburn's two grandsons, Chase and > Colton Smith, were killed in the Murrah building day-care center. > > Their deaths prompted Mr. Wilburn, 46, to undertake his own > investigation of the bombing, an inquiry that convinced him that there > was conspiracy and that ATF agents were warned to avoid the nine-story > federal office tower that day. > > Mr. Wilburn's widow, Kathy, said Tuesday that her husband believed he > was losing his prolonged battle with pancreatic cancer because of the > stress of his grandsons' deaths and his investigation into the > bombing. > > "He was definitely another victim of the bombing," she said. > > Mr. Wilburn's funeral will be 10 a.m. Thursday at Citychurch, only > five blocks north of the bomb site. Mrs. Wilburn said the service will > focus on what her husband learned in his investigation. And she said > the funeral procession will circle around the Murrah site. > > A native of Olustee, Okla., Mr. Wilburn attended Southwestern Oklahoma > State University at Weatherford before establishing an accounting > practice in Oklahoma City. > > In addition to his wife, Mr. Wilburn is survived by two sons and a > stepdaughter, Edye Smith, the mother of the two boys killed in the > blast. > > * Lawyers for Mr. Nichols and government prosecutors met briefly, > behind closed doors, in Denver with U.S. District Judge Richard Matsch > about the summonses and preliminary questionnaires that will be mailed > Monday to 1,000 prospective jurors. > > The jury will be selected from the same 23 counties in and around > Denver that was used in Mr. McVeigh's trial. > > * Prosecutors formally opposed a request by Mr. Nichols' lawyers that > a photographer be permitted to chronicle Mr. Nichols' visits with his > wife and children at the Federal Correctional Institution in suburban > Denver where he is being held. > > "One of the most important characteristics of Terry Nichols, the human > being, is his love for his family, his wife Marife and his three > children, Josh, Nicole and Christian," Mr. Nichols' co-counsel Reid > Neureiter wrote in a brief seeking court authorization for the photo > sessions. > > Mr. Neureiter said the photographs could be used to "give the jury a > full picture of Terry Nichols, the human being." > > But Special Assistant U.S. Attorney James Orenstein argued that Mr. > Nichols should not be allowed to "stage family scenes now simply to > impress the jury at the penalty phase." > > "Prior to his arrest, Nichols had every opportunity to take family > photos and home movies depicting his relationship with members of his > family," Mr. Orenstein wrote. "Nichols has not revealed whether any > such photographs or movies exist. If they do exist, they should > suffice ... to show that Nichols is indeed a loving husband and > father." > > Mr. Neureiter noted in his motion that Mr. Nichols' son, Christian, > wasn't even born when his father was arrested as a material witness in > the bombing case, just two days after the blast. > > * A federal appeals court upheld Judge Matsch's decision to seal from > public view key court documents in the case against Mr. McVeigh and > Mr. Nichols. The Dallas Morning News and other news media had > challenged the judge's action, saying it violated the public's right > to know fully about the legal proceeding. > > A three-judge panel from the 10th U.S. Circuit Court of Appeals in > Denver said it had reviewed the still-secret documents and concluded > that "the district court properly sealed only those portions of the > documents" necessary to ensure both men a fair trial. > > "It is important to bear in mind the extraordinary context of this > case as a whole," the judges wrote. "A high-profile case such as this > imposes unique demands on the trial court." > > Specifically, news organizations sought complete access to Mr. > Nichols' motion to suppress evidence, notes compiled by an FBI agent > during a 9-hour interview with Mr. Nichols before his arrest and > motions by both Mr. McVeigh and Mr. Nichols for separate trials. > > Judge Matsch allowed edited copies of the documents to be released for > public view, and indicated all may be released in their entirety after > Mr. Nichols' trial. > > Media lawyers said the judge's action went far beyond ensuring fair > trials. > > Paul Watler, attorney for The News, said the newspaper will decide > soon whether to appeal. He said The News could decide to press the > case to the U.S. Supreme Court. > > > The Associated Press contributed to this report. > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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