Nichols' interrogation focus of blast hearing
June 27, 1996
Web posted at: 6:15 p.m. EDTDENVER (CNN) -- An FBI agent acknowledged Thursday that agents delayed telling Oklahoma City bombing suspect Terry Nichols there was a warrant for his arrest because agents wanted to continue questioning Nichols the night he turned himself in.
Agent Stephen Smith testified on the second day of a pre-trial hearing in Denver, Colorado.
Despite traveling hundreds of miles to attend the hearing, the families of some bombing victims left Denver after a Wednesday ruling from Judge Richard Matsch. He barred victims' relatives from the courtroom if they planned to testify, saying that even seeing the defendants in court could taint their testimony. (CNN's Susan Candiotti reports (179K AIFF or WAV sound)).
Sandra Cregan (170K AIFF or WAV sound) and Marvin Buckner (145K AIFF or WAV sound), who both lost relatives in the April 19, 1995, bombing that killed 168 people, were upset by the ruling but said they would give up testifying in order to stay in the courtroom.
Smith testified Thursday that he did not learn about the arrest warrant until a break seven hours into the questioning of Nichols at the police station in Herington, Kansas, where Nichols and his family were living at the time. The arrest warrant had been sent to the station more than five hours earlier, but Smith said his fellow agents did not inform him.
Even when he learned of the warrant, Smith testified, "I never told him there was a warrant for him. We wanted to continue to talk with Terry Nichols."
Contending that the FBI deceived Nichols, defense attorney Michael Tigar is asking the judge to throw out statements Nichols made that evening as well as evidence seized because of the statements. "When the facts are known about how Mr. Nichols, Mrs. Nichols and their baby were treated, the court should suppress certain items and statements," Tigar said before Thursday's hearing.
Public defender denied access
In early testimony Thursday, David Phillips, a federal public defender, said he tried repeatedly to represent Nichols shortly after the bombing suspect's surrender, but authorities would not allow him to talk to Nichols.
Phillips said when he finally got through to Assistant U.S. Attorney Jim Flory, he was told Nichols was not being arrested. Flory did not tell him there was a warrant for Nichols' arrest as a material witness, or that a search warrant had been issued for his property, Phillips testified.
Nichols drove to the police station two days after the Oklahoma City bombing, after hearing his name mentioned in news reports on the arrest of suspect Timothy McVeigh, Tigar has said. The two former army buddies are now charged with terrorism and murder.
Smith acknowledged that Nichols refused to sign a form waiving his rights against self-incrimination, but the prosecution said Nichols continued to answer questions voluntarily anyway.
It was not until shortly before Nichols was driven to a jail in Wichita, Kansas, that another FBI agent told Nichols of the arrest warrant, Smith testified.
Tigar planned to call up to 30 additional witnesses but said he was undecided whether to call Nichols, who could be cross-examined by the prosecution. Tigar said he expects the hearing to continue into next week.
Correspondent Susan Candiotti and the Associated Press contributed to this report.
Related stories:
- Oklahoma bombing witnesses banned from court - June 26, 1996
- Judge issues setback to Oklahoma City bombing defense - June 18, 1996
- Poll: Most think additional Oklahoma bombing suspects are at large - April 19, 1996
- One year later, victims of Oklahoma bombing remembered - April 19, 1996
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