The Oklahoma City Bombing Case: The Second Trial Daily Updates on The Trial of Terry Nichols Senior Correspondent Tim Sullivan is covering the trial of Terry Nichols from Denver, Colo. He will be providing daily updates on the trial proceedings. Sullivan has followed the Oklahoma City Bombing Case extensively and provided coverage for the first Oklahoma City Bombing trial, The U.S. v. Timothy McVeigh. January 6: Jury Deliberations Reach 13 Hours Jury deliberations in the penalty phase of Terry Nichols has now reached approximately 13 hours. When the jury was sent home today, Judge Richard Matsch revealed that the jury had sent out a note earlier in the day, to which he responded. However, the judge did not reveal the contents of the note or anything about his response. Judge Matsch also acknowledged that the jury sent another note just minutes before the recess and that he would confer with the lawyers and respond to the second note on Wednesday morning. He said that the contents of note will also be kept secret until after the trial. The jury looked tired and unhappy. Two jurors, including the forewoman, wiped away tears while listening to the judge. "Everybody involved in this case understands the stress and strain you're under, and the difficulty of the decision you have to make," Judge Matsch said. "It's not expected that there be some kind of quick response." The judge then told the jurors to get some rest. They'll resume at 10:30 am EST on Wednesday. After court recessed, the lawyers and Terry Nichols met with the judge in chambers, presumably to prepare a response to the jury's latest note. January 5: Jury Deliberations Begin in the Penalty Phase Today, the jury heard closing arguments in the penalty phase and began to deliberate the sentence. The jury has three options for sentencing, any of which must be unanimous: the death penalty; life in prison without parole; or a lesser sentence to be determined by Judge Richard Matsch. During the government's closing arguments, prosecutor Beth Wilkinson told jurors that Terry Nichols made choices throughout the seven-month conspiracy to bomb Oklahoma City, and these choices that had consequences, specifically 168 deaths. "What Terry Nichols did can only be described as evil," Wilkinson said. "Others said 'No' to Tim McVeigh; Terry Nichols said 'Yes.'" The prosecutor also addressed Nichols's alleged intent in the bombing. "What in the world did he think that bomb would do to the people in that building," Wilkinson asked the jurors. "He knew death would result -- and he didn't care." Wilkinson also said the government is asking the jury to find that the conspiracy itself was "an act of violence." The prosecutor told jurors that Nichols's picture "should be in the dictionary next to the words reckless disregard." The government concluded by asking for a death sentence for Terry Nichols. In his closing arguments, defense lawyer Michael Tigar asked the jury not to let prosecutors bring them back to the days when vengeance ruled the justice system. "I feel now as though I stand before you, trying to sweep back a tide of anger, grief and vengeance," Tigar said. Tigar also reminded jurors that they are not allowed to consider the fact that Nichols did not testify. In reference to a possible state prosecution in Oklahoma, Tigar said: "It's [Nichols's choice not to testify during his trial and penalty phase] a decision which, with further proceedings hanging over his head, he might reasonably make." The defense concluded by asking the jury to send the matter of sentencing back to Judge Matsch to decide. During a rebuttal argument from the government, prosecutor Pat Ryan told the jury, "A sentence less than life would never represent the conscience of the American community." Ryan tried to simplify the question of Nichols's alleged intentions during the bombing conspiracy for the jury, saying it is simply this: "Was it contemplated, when the conspiracy was formed, that death would result?" Ryan also stressed the historical significance of the crime, saying that it was the bloodiest mass murder committed in the United States. "This conspiracy has no parallel in American history," Ryan concluded. Judge Matsch then gave the jurors their instructions, telling them that if they send the case back to him for sentencing, he could impose a life sentence. Matsch also noted that, with Nichols in his mid-forties, a prison term of years that is technically not a life sentence could amount to the equivalent of a life sentence. The judge also acknowledged that he could impose a term of years that would result in a sentence less than life. The jury deliberated for about five hours.They will resume on Tuesday at 10:30 am EST. At the end of the day, Judge Matsch revealed that the jury sent a note asking about an issue related to the conspiracy count, the only charge on which they will pronounce sentence. The judge did not read the note. And he said he could not answer the question because to do so would require him to interpret the meaning of the verdict. So Judge Matsch suggested that the jury read his original instructions on the elements of conspiracy. Based on the judge's remarks, one logical conclusion to draw would be that the jury has so far been unable to agree on answers to the first two questions on the verdict form. Those questions deal with intent: 1) Did the defendant intentionally participate in an act contemplating that the life of a person would be taken, or intending that lethal force would be used against a person, and the victim(s) died as a result of that act? (Yes or No answer required.) 2) Did the defendant intentionally and specifically engage in an act of violence, knowing that the act created a grave risk of death to a person other than a participant in the offense, such that participation in the act constituted a reckless disregard for human life, and the victim(s) died as a direct result of the act? (Yes or No) The jury must answer "Yes" to at least one of those questions to continue on down the verdict form. If they answer "No" to both questions, the deliberations are over and the judge would sentence. The elements of conspiracy, which the judge told the jury to read to help them answer their question, are: 1) Two or more persons, including Terry Nichols, agreed to use a truck bomb as a weapon of mass destruction against a federal building and the people in it; 2) Nichols knowingly and voluntarily became a member of the conspiracy, with the intent to advance or further its objectives; 3) And that the achievement of the objectives of the conspiracy would have substantially affected interstate commerce. In arguments before Judge Matsch since the verdict -- and in closing argument before the jury -- the lawyers debated several times over whether or not the jury's conviction of Nichols on the conspiracy count means that jurors believe Nichols intended to cause death. Based on the question the jurors apparently asked today, it is possible that theydo not agree on that issue. Some may believe Nichols did have intent to kill, and perhaps they think their verdict says so. But others may believe the conspiracy conviction does not necessarily mean Nichols formed intent to kill. Judge Matsch and the lawyers reminded the jurors several times today that they cannot change their verdict. One could speculate that the jury reached a compromise verdict after the guilt phase of the trial and that they now disagree on the meaning or implications of that verdict. Read the Daily Transcripts Read the Background of this Case Read the Daily Updates from Nov. 3 - Nov. 7 Read the Daily Updates from Nov. 10 - Nov. 14 Read the Daily Updates from Nov. 17 - Nov. 21 Read the Daily Updates from Nov. 24 - Nov. 28 Read the Daily Updates from Dec. 1 - Dec. 5 Read the Daily Updates from Dec. 8 - Dec. 12 Read the Daily Updates from Dec. 15 - Dec. 19 Read the Daily Updates and the Verdict Report from Dec. 22 - 23 Read the Daily Updates from Dec. 29 - Jan. 2 Read about the Jury Selection Process