Nichols defense tries to discredit star witness
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Fortier (left) and Nichols
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December 8, 1997
Web posted at: 11:36 p.m. EST (0436 GMT)
In this story:
DENVER (CNN) -- Terry Nichols' lawyers attacked the
credibility of the prosecution's star witness in the Oklahoma
City bombing trial on Monday, bringing to the stand a doctor
who testified that a drug Michael Fortier admits abusing
causes memory blackouts and paranoia.
The defense also tried to raise the possibility that Timothy
McVeigh had a mysterious accomplice, calling to the stand the
owner of an Oklahoma waffle shop who testified about "John Doe No. 2."
A L S O :
Nichols trial transcripts
Fortier earlier testified that Nichols was present when
convicted bomber Timothy McVeigh took Fortier to a storage
shed containing explosives. Fortier has admitted using the
illegal drug methamphetamine regularly.
Expert: Drug Fortier used causes memory gaps
Dr. Michael Abrams, a drug expert from the Broadlawns Medical
Center in Des Moines, Iowa, testified that sustained use of
methamphetamine causes users to become suspicious and to
suffer mood swings.
"People get hyper," he said. "They feel they're being
followed. They're open to suggestion to fill in the gaps."
Abrams, who has worked with jail inmates who abuse drugs,
also said sustained use of methamphetamine kills parts
of the brain, leaving gaps in memory similar to alcoholic
blackouts. Users can even reach a point where they kill
themselves, "or they kill other people," he said.
Nichols' defense team contends that Fortier's testimony
cannot be trusted because of his drug use.
Fortier testified that McVeigh took him to a storage shed
outside Kingman, Arizona, before the April 1995 bombing that
killed 168 people. He said Nichols was there, loading
something onto a truck.
Fortier said McVeigh told him about his plan to bomb the
Alfred P. Murrah Federal Building to avenge the 1993
government siege at Waco, Texas. Fortier also testified
that McVeigh told him someone else was in on the plan.
Shop owner said he hired John Doe No. 2
In other testimony Monday, Darvin Bates, the owner of a
waffle shop in a small town 75 miles south of Oklahoma City,
testified that he hired a man he is convinced was John Doe
No. 2 about a month before the bombing.
John Doe No. 2 is the name given a man shown in an FBI sketch
who was an early focus of the manhunt for suspects in the
bombing. Prosecutors now say he was not involved in the bomb
plot, but the defense contends McVeigh's accomplice was John
Doe No. 2 -- and not Nichols.
Bates, who will return to the stand on Tuesday, said he had
an "uneasy" feeling about the man, who he thought could have
been from the Philippines and who said to call him "John"
because his full name was hard to pronounce. Bates said the
man told him he was from Kingman, Arizona.
That is where Fortier lived, and where McVeigh lived for part
of the time the government said he was plotting the bomb
attack. Other witnesses have testified to seeing a man
fitting John Doe No. 2's description with McVeigh at various
times.
Sources: Nichols' wife will testify
Other testimony on Monday came from former co-workers of
McVeigh who told of receiving anti-government literature from
him. One woman said McVeigh offered his services in case she
needed anyone killed or blown up. The defense was trying to
show that McVeigh distributed the literature to many people
other than Nichols.
Sources said that Nichols' wife, Marife, will testify before
the defense rests its case but that it still has not been
decided if Nichols' 15-year-old son, Josh, will be called to
testify.
Josh Nichols, who visited his father in Kansas just days
before the bombing, would likely testify that he did not see
any white plastic barrels at his father's home when he was
there. The FBI seized white barrels of the kind used to mix
bomb materials from Nichols' house.
Nichols, 42, could receive the death penalty if convicted of
murder and conspiracy in the bombing. McVeigh, 29, was
convicted of identical charges in June and sentenced to
die.
Correspondent Tony Clark and The Associated Press contributed
to this report.