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Date: Wed, 18 Jun 1997 06:54:50 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: The McVeigh Case: Just the Beginning (fwd)
<snip>
>
>The New American, Vol. 13, No. 14
>
>July 7, 1997
>
>JUST THE BEGINNING
>
>By William F. Jasper
>
>While Timothy McVeigh has been convicted and sentenced to death,
>there is a long way to go before the Oklahoma bombing tragedy can
>be put to rest.
>
>"Guilty." Eleven times the packed courtroom heard U.S. Judge Richard
>Matsch read the verdict, once after reading each of the 11 counts in
>United States of America v. Timothy James McVeigh.
>
>Conspiracy, use of a weapon of mass destruction and destruction
>by explosive: Guilty.
>
>Eight counts of murder of federal law enforcement officers: Guilty.
>
>The federal jury of seven men and five women deliberated for 23 hours
>over the course of four days before returning its decision on the
>afternoon of Monday, June 2nd. Before reading the verdict, Judge
>Matsch had sternly warned the emotionally charged courtroom,
>filled with survivors and family members of victims of the Oklahoma
>City bombing, that the same strict rules of conduct would apply as
>had been in force in his court during the trial and that no outbursts
>would be tolerated.
>
>The victims stoically complied, suppressing the pent-up passions
>that had strained their ndurance during the five-week trial and the
>two years of investigation since the fateful day of April 19, 1995,
>when their lives were shattered. However, the stifled sobs, tears,
>and jubilant exultations burst forth unrestrained as they left Denvers
>federal courthouse.
>
>Pain of the Victims
>
>Thus ended the first phase of the trial of Timothy McVeigh. The
>sentencing phase, to determine whether he would receive the death
>penalty or life in prison without parole, began on Wednesday, June 4th,
>and contained even more heartrending testimony from survivors and
>rescuers than the first stage of the trial. Story after story of
>suffering,
>loss, and horror left the courtroom spectators, press gallery, court
>officers, and jury weeping. Judge Matsch himself was visibly moved
>by much of the testimony and had difficulty finding his voice after
>some of the more devastatingly painful accounts of rescue personnel
>and family members of victims.
>
>The only one who appeared completely untouched by the terrible
>tragedies was the accused perpetrator Timothy McVeigh.
>Throughout the gripping sentencing-phase testimony he remained
>as impassive and stony faced as he had been during the evidentiary
>stage of the trial.
>
>And although some in the press gallery claimed to detect a more
>somber note in McVeighs demeanor during the latter days of the
>trial, it was too subtle for this writers powers of observation, if it
>was there at all. Tim McVeigh seemed as casual and relaxed at
>the end as he had been at the start. Day after day, he strolled into
>the courtroom with his hands in his pockets and a grin on his face,
>nonchalantly greeting and joking with members of his defense
>team.
>
>This unseemly behavior was especially bitter gall for the family
>members and survivors who attended the trial. "I never saw him
>even once show a sign of remorse or indication of sympathy
>for those he killed, or for those of us who had suffered losing
>our loved ones," Jannie Coverdale told The New American as
>she left the courthouse at the end of the trial and the jury began
>its deliberation. Like a small cluster of other victims from
>Oklahoma City who had encamped in Denver for the duration,
>Mrs. Coverdale arose long before dawn each day in order to get
>in line at the courthouse by 5:00 or 5:30 a.m. On some days
>volunteers from churches stood in line to save places for them.
>But for Jannie Coverdale, who lost her two young grandsons,
>Aaron and Elijah, in the Murrah Building daycare center, McVeighs
>callous disregard for the pain of her loss and his cavalier attitude,
>when added to the physical and emotional toll of the wearying
>court schedule, was almost too much to endure. Charles Tomlin
>expressed almost identical feelings. "Its really hard to sit here
>day after day and see him laughing and smiling when so many
>are dead or maimed and scarred for life," he said. Tomlins son
>Rick, who worked for the U.S. Department of Transportation, was
>killed by the blast, leaving behind a wife and two sons.
>
>On Friday, June 13th, after 11 hours of deliberation, the jury
>returned its unanimous verdict in the penalty phase: Death. While
>defense attorneys begin preparing appeals, prosecutors in Oklahoma
>are readying the state trial for the 160 murder victims whose deaths
>were not covered in the federal trial.
>
>"Slam-Dunk" Prosecution
>
>Throughout virtually all of the trial, the media mavens and anointed
>legal experts sang hosannas to the prosecution, asserting that U.S.
>Attorney Joseph Hartzler and team had put together a slam-dunk
>case that had been meticulously researched, overwhelmingly
>corroborated, and flawlessly presented. Nothing could have been
>further from the truth. Although the return of a guilty verdict on all
>11 counts may appear to vindicate the rosy view of the governments
>presentation, it doesnt change the fact that the prosecution took
>an enormous gamble by staking its case on some of the shakiest
>circumstantial evidence and weakest witnesses available to them.
>
>It also cant hide another obvious fact: The prosecution rejected
>some of its most powerful evidence and credible witnesses in a
>transparent effort to prevent revelations that clearly would be
>damaging to high government officials and federal law enforcement
>agencies.
>
>Considering that this was the largest and most expensive criminal
>investigation and prosecution in American history, involving an
>unprecedented outlay of personnel and technological resources
>over more than two years, the governments case was a travesty.
>Long before this trial commenced, The New American was
>convinced from its own investigation, as well as by the research
>of other journalists and independent investigators, that Timothy
>McVeigh was guilty of participation in the bombing of the Murrah
>Building. A mountain of circumstantial evidence and expert analysis,
>together with the solid testimony of multiple eyewitnesses placing
>McVeigh with the Ryder truck at the Murrah Building, compellingly
>pointed to his culpability.
>
>But that same circumstantial and direct evidence also pointed just
>as compellingly to additional accomplices, to the still at-large
>"John Doe No. 2" and the "others unknown" mentioned in the
>federal indictment of McVeigh and his accused co-conspirator,
>Terry Nichols.
>
>For whatever reasons, the federal prosecutors and the FBI, within
>the first weeks of the bombing investigation, began reversing course,
>and, in the face of massive evidence to the contrary, started floating
>a theory that posited McVeigh as a "lone bomber." Because this
>was so implausible and drew such a sharply negative reaction from
>the public, the early tack chosen by the feds was to assure everyone
>that all available resources were being deployed to track down every
>available lead just in case there might be additional accomplices.
>
>But by a carefully orchestrated series of deceptive statements,
>weasel-worded releases, and disinformation ploys, the prosecution
>set about debunking evidence of other John Does, even as it was
>promising survivors that federal agents were doing everything
>possible to find the other co-conspirators.
>
>As the jury went into deliberation on May 30th, several survivors
>and family members told The New American that they would be
>greatly perturbed if the government convicted McVeigh and Nichols
>and then considered the case closed. "We know there are at least
>three or four others who were directly involved," said Jannie Coverdale,
>"and we know the government has some very strong evidence about
>them." Charles Tomlin seconded her opinion. "Common sense,
>together with the circumstantial evidence and witnesses, tells you
>that McVeigh didnt do this by himself," Tomlin noted, "and Nichols
>wasnt with him on April 19th in Oklahoma City, so who was?"
>
>"The evidence is overwhelming that there were other perpetrators,
>and thats the main concern of a lot of us that the government
>will not pursue it beyond McVeigh once they get a guilty verdict,"
>said V.Z. Lawton, another federal employee who survived the blast.
>One woman who lost a child in the bombing and who asked not to
>be identified told The New American that she had just been told
>by a prosecution team member that every effort was being made
>to track down anyone associated with the terrorist act. I told her
>I hoped that indeed was the case, but that a long chain of statements
>and actions by the prosecution, culminating in its filing of papers
>in federal court on April 25th to dismiss the warrants against John
>Doe No. 2, appeared to belie that promise. In quietly dismissing
>that warrant, the government stated there was "no credible evidence"
>of any perpetrators of the bombing other than McVeigh and Nichols.
>
>Conspicuous Absence
>
>Throughout the entire trial, the government scrupulously excluded
>any witnesses or evidence which would have challenged its "lone
>bomber" thesis, thereby jeopardizing its case against McVeigh. In
>this respect it had much help from the court, with Judge Matsch
>repeatedly refusing to allow McVeighs counsel, Stephen Jones,
>to present witnesses and evidence supporting the existence of a
>larger conspiracy. Thus, the jury heard no testimony from Carol
>Howe, the federal informant for the ATF who claims to have provided
>specific warning to her superiors about the planned bombing months
>before it occurred. Neither did it hear from other witnesses, who,
>like Miss Howe, finger German national Andreas Strassmeir,
>along with other habitues of the Aryan Republican Army hideout
>known as Elohim City, as prime suspects in the terrorist blast.
>
>Nor did the jury hear from FBI Special Agent Henry C. Gibbons,
>whose sworn affidavit of April 20, 1995 attests to a witness who
>saw two males "of possible Middle Eastern descent, approximately
>6 feet tall, with athletic builds," in blue jogging suits, running from
>"the area of the Federal Building toward a brown Chevrolet truck
>prior to the explosion." That testimony is buttressed by the
>independent testimony of other eyewitnesses who described
>men of similar appearance associated with a vehicle of the same
>description. It is also bolstered by compelling evidence supplied
>by another federal informant, Cary Gagan, who specifically warned
>federal officials of a plot in which he had become unintentionally
>involved to blow up federal buildings in several cities in the western
>and midwestern United States. Gagan has convincing documentation
>to back up his claims that he repeatedly warned authorities
>months in advance, and then in a final desperate effort on April 6th,
>two weeks before the blast of the impending terrorist attack,
>which involved both Middle Eastern and American elements.
>
>The jury did not hear from others such as Gary Lewis, Mike Moroz,
>Kyle Hunt, Debbie Nakanashi, and a dozen or so other witnesses
>who described seeing McVeigh with one or more individuals in, or
>around the vicinity of, the Murrah Building. It did not hear from the
>dozen or more witnesses who placed John Does with the Ryder
>truck and/or Tim McVeigh in Junction City and Herington, Kansas.
>It did not hear from Dan Adomitis, Harvey Weathers, Rene Cooper,
>Claude Criss, and others who saw bomb squad vehicles, personnel,
>and sniffer dogs around the Murrah Building, obviously looking for
>bombs, more than an hour before the explosion providing prima
>facie evidence of prior warning of the bomb attack. The jury did
>not hear from General Benton K. Partin (ret.), Dr. Samuel Cohen,
>or any of the many other explosives experts, scientists, and
>engineers who have authoritatively debunked the governments
>theory that the Ryder truck bomb alone caused the massive
>destruction and death in Oklahoma City. If these experts are
>correct as the evidence strongly indicates that additional
>demolition charges were used inside the building, then the case
>is cinched that additional accomplices were involved. It would
>have been simply impossible for one bomber to prepare and
>plant both the truck bomb and internal charges.
>
>"Star" Witnesses
>
>Just what did the jury see and hear? A concatenation of highly
>suspect and dubiously connected circumstantial evidence and
>equally suspect witnesses, to be sure. Which is not to say that
>all, or even most, of the governments evidence and witnesses
>are to be disbelieved, but a significant number were sufficiently
>impugned or impeached as to provide a very wide breach for
>reasonable doubt.
>
>Some of the most serious problems for the governments case
>came from its "star" witnesses, Michael and Lori Fortier. Timothy
>McVeigh and Michael Fortier had been Army buddies and Tim had
>served as best man at Michael and Loris wedding.
>
>Although the prosecution attempted to play down the importance
>of the Fortiers testimony, it was manifestly clear that they were
>the critical linchpin to the governments case. Since the government
>had rejected out of hand all of the quality eyewitnesses who had
>seen McVeigh in Oklahoma City on the day of the bombing, they
>had a huge gap in their evidence chain and had to rely on Michael
>Fortier an habitual drug abuser, self-indicted liar, and probable
>co-conspirator to fill in the blanks.
>
>Defense attorney Stephen Jones scored a direct hit in his closing
>argument when he noted that "what we basically have here with the
>Fortiers is the prosecutorial equivalent of Eliza Doolittle being made
>over by the Henry Higgins of the FBI, and My Fair Lady has
>become My Fair Witness." Jones homed in on the "200 hours
>or thereabouts" invested by the prosecution to prepare the Fortiers,
>the "countless and endless meetings," the "complete transformation
>of their personality," and, most importantly, the incredibly sweet
>deal they struck with the government in the plea agreement for
>Michael. "Surely one of the most extravagant agreements ever
>made," Fortiers deal with the feds has him facing 23 years or
>less in prison (instead of the death penalty), with complete
>immunity for Lori. Jones effectively pointed out that not only
>had Michaels straggly, disheveled image been buffed into a
>manicured, preppy shine, but his entire demeanor and even
>manner of speech had been transformed.
>
>Even Judge Matsch was obliged to inform the jury that the
>testimony of a witness who has been granted immunity "should
>be examined by you with greater care than the testimony of an
>ordinary witness." He reminded them that Michael Fortier
>"pleaded guilty to certain charges after entering into a plea
>agreement with the government to testify," and that there
>"is evidence that the government agreed not to prosecute this
>witness on other charges in exchange for the witness agreement
>to plead guilty and testify at this trial against the defendant."
>"You should bear in mind," said Judge Matsch, "that a witness
>who has entered into such an agreement has an interest in this
> case different from any ordinary witness. A witness who realizes
>that he may be able to obtain his own freedom or receive a lighter
>sentence by giving testimony favorable to the prosecution has a
>motive to testify falsely. Therefore, you must examine his
>testimony with caution and weigh it with great care."
>
>Celebrity Status
>
>Moreover, the judge reminded the jury, the Fortiers had "admitted
>under oath to drug and alcohol abuse," which also should be
>considered in judging their credibility, or lack thereof. All of these
>judicial caveats highlighted what Mr. Jones had taken great pains
>to emphasize: The governments primary witnesses were thoroughly
>disreputable, completely mercenary reprobates. He pointed out
>that even in their admissions of drug abuse they had lied to the
>court, claiming only occasional drug usage; but friends of the
>Fortiers testified that the couple abused methamphetamines on
>a daily basis. He demonstrated that they had perjured themselves
>on numerous occasions. Jones played for the jury audio tapes of
>federally wiretapped telephone conversations between Michael
>and his friends, which were non-stop profanity and drug-induced
>gibberish of a caliber such as would make Beavis and Butthead
>appear erudite and dignified by comparison.
>
>Jurors no doubt remembered Michaels excited comments in April
>and May 1995 as he basked in the glory of his newfound celebrity
>and talked about making a "cool million" off the bombing on the talk
>show circuit and from television and movie rights: "Oh dude, I found
>my career. I can tell a fable. I can tell stories all day"; "Im going to
>keep quiet until this is over with and tell my story"; "There will be
>book and movie rights"; and, "Lets sell the photograph [of Tim and
>Michael], Mother, for $50,000, well split it."
>
>Not only were the Fortiers willing to sell out their "friend" Tim, they
>were ready and willing to sell out each other too. In August 1995,
>when Michael decided to change his testimony and cut a deal with
>the government, he tried to push his wife into the lions den first.
>"Greater love hath no man than he lay down his wife for his life,"
>chided Jones. Which is precisely what Michael was trying to do
>when he prodded Lori to take the lead in running the FBI gauntlet.
>But she, being no dummy, insisted that he change his statement
>first.
>
>Finally, the defense pointed out that the terms of Michael Fortiers
>plea agreement provided that any leniency would be contingent
>upon his performance in court. "So why are they still holding the
>Sword of Damocles over his head?" Stephen Jones asked. "Maybe
>because they dont trust him; and maybe you shouldnt trust him,
>either," Jones said. "See, theyre not willing to believe him until
>after he has completed his testimony. So why should you believe
>him? If they dont want to give him the benefit of the bargain yet,
>why should you?"
>
>Self-Inflicted Handicap
>
>Important questions. Even more important are questions which
>have to do with why the government would hang the weight of its
>case on such pathetic, incredible witnesses. Did Lori Fortier, in
>an attempt to save herself from lethal injection or life in prison,
>invent the stories about helping make a fake drivers license for
>Tim under the false name of Robert Kling? For like reason did she
>concoct the tale of McVeigh demonstrating how he would construct
>the truck bomb by using soup cans as miniature models of the
>barrels of ammonium nitrate and fuel oil (ANFO)? Was Michael
>merely spinning another of his confessed "fables" when he told
>of McVeighs alleged reference to federal employees being guilty
>in the same way as the imperial storm troopers of the Evil Empire
>in Star Wars, and thus, worthy of death? Or when he allegedly
>spoke of driving a truck bomb into the Murrah Building on a
>possible suicide run? Or his dozens of other statements with
>which the prosecution sought to plug the many holes in their
>case?
>
>For all its celebrated "brilliance," the prosecution was faced with
>an enormous self-inflicted handicap, including:
>
> No bomb-making site. After stating for two years that the truck
>bomb had been built at Geary Lake State Park near Junction City,
>Kansas, the prosecution dropped the story and ffered no alternative
>theory.
>
> No ammonium nitrate prills or crystals. After claiming for two
>years that the Ryder truck bomb had been composed of 4,000
>pounds of ANFO and then being unable to produce any evidence
>of ANFO at the Murrah Building bomb site or the McVeigh/Nichols
>storage sheds, the government went through a mad cavalcade of
>constantly changing bomb ingredients (none of which were ever
>proved) late in the investigation.
>
> Missing Q507 crystals. The only supposed evidence of ANFO
>was an alleged tiny sample of ammonium nitrate crystals glazed
>on a small piece of the Ryder truck. But the evidence disappeared
>before independent experts for either the prosecution or defense
>could confirm its existence.
>
> No fingerprints. McVeighs fingerprints were not found on the
>Ryder truck rental agreement, on any of the parts of the Ryder
>truck, anywhere inside the Ryder agency, in any of the storage
>sheds, or on any other evidence, save on a receipt for ammonium
>nitrate fertilizer.
>
> Suspect bomb residue. The reported traces of PETN explosive
>residue on McVeighs pants and shirt were called into question
>by the fact that they were not properly protected against many
>opportunities for contamination and by well-documented problems
>with the FBI crime lab and personnel responsible for testing for
>these substances.
>
> No "Bob Kling." "Bob Kling," the name on the drivers license
>of the person who rented the Ryder truck used in the Oklahoma
>City bombing, was originally described by the owner of the Ryder
>rental agency as significantly different from McVeigh, and other
>employees insist there was a second man with him. All of these
>witnesses have to one degree or another impeached their testimony
>by significantly changing it over time.
>
>Conviction Despite Evidence
>
>These and a litany of additional problems could have sunk the
>prosecutions ship. Bombing survivor Dan DeMoss, after hearing
>the defense teams closing arguments, told the Tulsa World,
>"Right now, its a toss-up." "I think a lot of people got a horrible
>feeling about laying the groundwork for reasonable doubt, trying
>to reach that one juror that may be wavering," DeMoss said.
>The federal prosecutors had assembled a massive avalanche
>of evidence, but "it is all circumstantial," he noted. "I can see
>a juror thinking, Well, you know really we have nobody that
>can place him in Oklahoma City with a Ryder truck." "I am
>worried," DeMoss stated. "I wasnt worried until this afternoon....
>I really can see the jury coming back and saying, We just were
>not shown beyond a reasonable doubt that he is linked to all
>of this."
>
>DeMoss was not alone in those worries. Other victims expressed
>the same concerns to The New American. Likewise, Ted Koppel,
>in an ABC Nightline review of the troubled government evidence,
>saw plenty of room for reasonable doubt.
>
>If the jury did indeed grapple with reasonable doubts because
>of mishandling and cover-up by the prosecution, they surmounted
>those problems nonetheless. Now comes the even more difficult
>part to see that this case is not closed until all those responsible
>are brought to justice.
>
>Glenn and Cathy Wilburn, whose grandsons Chase and Colton
>were killed in the Murrah Building daycare center, are among the
>many who have not found "closure" with the conviction and
>sentencing of McVeigh. "We were pleased that Timothy McVeigh
>was found guilty," Mrs. Wilburn told The New American, "but we
>didnt jump for joy because we know there are at least several
>more accomplices out there who also should be tried and
>convicted.
>
>And from everything weve seen over the past two years, it looks
>like the federal authorities are more interested in covering up than
>pursuing it."
>
> William F. Jasper
>
>Petition Calls for OKC Probe
>
>Monday, June 2nd, was the deadline for Oklahoma State
>Representative Charles Key to turn in petitions for his campaign
>to convene a county grand jury to investigate the Oklahoma City
>bombing, as well as possible official misconduct and cover-up
>in the case. It was also the day the federal jury in Denver returned
>its verdict of guilty for Timothy McVeigh on all eleven counts
>with which he was charged. Key was required to submit 5,000
>signatures of registered voters from Oklahoma County; he turned
>in more than 13,000. By Wednesday the County Clerk had certified
>more than 10,000 signatures as valid. "Its been a long, hard
>struggle over these many months," said Key, "but I think that in
>overcoming the many obstacles and the political opposition of
>some very powerful interests weve already proven that many
>people in Oklahoma are aware that there are real problems with
>the bombing investigation and they want truthful answers. And
>thats what we hope to arrive at through this grand jury. Were
>anxious to get started so that the witnesses who were never
>heard from in the federal grand jury or the trial in Denver can
>have their testimony and documents entered into the record."
> W.F.J.
>
>THAT FREEDOM SHALL NOT PERISH
>
>
>-> Send "subscribe snetnews " to majordomo@world.std.com
>-> Posted by: kalliste@aci.net (J. Orlin Grabbe)
>
>
>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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