Nichols case goes to jury
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Nichols in court Tuesday
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December 16, 1997
Web posted at: 4:27 p.m. EST (2127 GMT)
DENVER (CNN) -- A jury of seven women and five men began
deliberating Tuesday over Terry Nichols' alleged role in the
deadliest terrorist attack on U.S. soil.
The panel must decide whether Nichols should be convicted on
11 counts of murder, conspiracy and use of weapon of mass
destruction to destroy the federal building in Oklahoma City.
If found guilty, he could face a death sentence.
Nichols' alleged co-conspirator, Timothy McVeigh, 29, was
convicted of the same charges last June and sentenced to die.
Jurors went home for the night Tuesday without reaching a verdict.
A L S O :
Oklahoma City bombing trial - Transcripts
Newsmaker Profiles: Terry Nichols
Earlier on Tuesday, the defense closed its arguments by
attacking the FBI for trying to twist witness accounts,
change testimony and ignore evidence that did not fit its
theory.
Attorney Ron Woods said FBI witness interviews were "a
disgrace" because they were not tape-recorded, notes were
sloppy and incomplete and evidence was manipulated to elicit
more useful witness testimony.
"They tried to put square pegs in round holes," he said.
Nichols, 42, who served in the Army with McVeigh, walked into
the courtroom Tuesday morning and smiled at his lead attorney
Michael Tigar, who patted him on the back. When he sat down,
he seemed more subdued than usual.
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Alfred P. Murrah Federal Building on April 19, 1995
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The defendant's wife, Marife, and his brother, sister,
father, and mother and sister all were in the courtroom as
the day's proceedings began.
The prosecution and defense summations began Monday and
lasted eight hours, occasionally prompting some jurors -- and
others in the courtroom -- to doze off.
As he picked up Tuesday where he left off Monday, Woods
pointed to discrepancies in the testimony of key prosecution
witnesses.
One, Richard Wahl, told the grand jury investigating the
bombing he saw a truck the day before the attack at Geary
Lake, Kansas, where the bomb allegedly was built, that had
single square headlights, Woods said. In his trial
testimony, he did not say that. Nichols' truck has dual
headlights.
Woods said two witnesses from the Mid-Kansas Co-op, which
sold two tons of ammonium nitrate to a man who used the
signature "Mike Havens" in separate transactions in September
and October of 1994, changed their description of the
purchaser initially given to the FBI.
But, he said, they still did not identify Nichols as Mike
Havens.
"You might think, 'Is this the FBI that I've seen on TV?'
The difference in the myth of the FBI and the reality of the
FBI is as big as the Grand Canyon," Woods said.
The April 19, 1995, bombing of the Alfred P. Murrah Federal
Building in Oklahoma City killed 168 men, women and children
and maimed or otherwise injured 500 others.
McVeigh was accused of actually parking the bomb truck in
front of the building, and the government concedes Nichols
was at his home in Herington, Kansas, at the time of the
attack.
But the thrust of its circumstantial case is the contention
that Nichols helped to plan the bombing and build the nearly
5,000-pound ammonium fertilizer bomb used in the attack.
Even if acquitted, Nichols would not be freed. Oklahoma City
District Attorney Robert Macy has indicated he will bring
state charges against both men regardless of the outcome of
the federal case.
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