McVeigh Brief Seeking Separate Trials
Oklahoma bombing suspect Timothy McVeigh is seeking a separate trial from codefendant, Terry Nichols. In this brief filed September 4, 1996, some of which is blacked out per the court's order not to reveal discovery material, McVeigh contends that nine hours of statements Nichols made to the FBI before he was arrested will be improperly considered by a jury against McVeigh. (Judge Matsch ruled earlier this year that the statements are only admissible against Nichols.) McVeigh also claims that he and Nichols will have antagonistic defenses, and that their Eighth Amendment right to individual sentencing, would be violated by a joint proceeding.

Nichols Brief Seeking Separate Trials
Oklahoma City bombing defendant Terry Nichols is arguing that his trial should be separated from that of his codefendant, Timothy McVeigh. In this brief filed September 5, 1996, portions of which are blacked out per the court's order not to reveal evidence, Nichols contends that he and McVeigh have antagonistic defenses -- to prove their innocence, each one must blame the other -- so trying them together will aid the prosecution. Nichols also proffers a novel argument: The jury in this death penalty trial will not be able to distinguish his case from McVeigh's, thus violating their 8th Amendment right to individualized sentencing.

McVeigh Motion for Access to the Media
The attorneys for Timothy McVeigh have petitioned the Court to allow McVeigh greater access to the media -- "reasonable access to members of the local, Oklahoma, national, and European media as specified herein, including the opportunity to participate in one videotaped interview with either Barbara Walters, Diane Sawyer, Tom Brokaw, Dan Rather, Susan Candiotti or Jack Bowen, and a videotaped interview with the BBC-TV."

Prosecutors Say Nichols Orally Agreed to FBI Interview
This brief was put into evidence by the prosecution during hearings in July, 1996, concerning suppression of evidence in the Oklahoma City bombing trial. In 1992, Terry Nichols was being sued by his bank in Michigan for non-payment of a debt. He filed this motion challenging the court's jurisdiction. In the Oklahoma City case, prosecutors used the brief to argue that Nichols was fully cognizant of his rights when he orally agreed to speak with the FBI without an attorney present.

FBI Phone Calls from Nichols' Home
Terry Nichols' attorneys have been trying to have Chief Judge Richard Matsch throw out key evidence obtained by the FBI thrown out of court. As part of their motions, the Nichols' legal team alleged that phone records from Nichols' house show calls being made at a time when Nichols was at the local police station. In this brief Nichols' lawyers contend that the FBI was in the house and using the phone during a time when they did not have a search warrant. In an Aug. 14 ruling Matsch denied Nichols' motions to suppress evidence. However, Matsch reserved ruling on this specific matter until trial.

Nichols Challenges Court's Jurisdiction
This brief was put into evidence by the prosecution during hearings in July, 1996, concerning suppression of evidence in the Oklahoma City bombing trial. In 1992, Terry Nichols was being sued by his bank in Michigan for non-payment of a debt. He filed this motion challenging the court's jurisdiction. In the Oklahoma City case, prosecutors used the brief to argue that Nichols was fully cognizant of his rights when he orally agreed to speak with the FBI without an attorney present.

July 15 Hearing
U.S. District Judge Richard Matsch ruled that victims and their families could watch the trial on closed-circuit TV. He also ruled that government agents had "judicial approval" for seizing Timothy McVeigh's clothing after McVeigh's arrest. Defense lawyers had asked for the evidence to be excluded from trial, claiming that a warrant was not used during the search.

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Closed-Circuit TV Brief
In this May 1, 1996 brief, the government asks that closed-circuit television be set up for Oklahoma City bombing victims and their family members. Lawyers argue that the Anti-Terrorism Act requires the closed-circuit televising of trial proceedings when the venue has been changed to a distant location to enable victims to view the trial.

Defense's Reply to Closed-Circuit TV
In this June 24, 1996 reply and supplemental memo, defense lawyers argue against closed-circuit TV for victims and their families. They say the section of the Anti-Terrorism Act that provides for closed-circuit television is unconstitutional because it violates the separation of powers doctrine and it denies Timothy McVeigh equal protection under the laws. They also express concern over how to keep the signal secure as it is transmitted from Denver to Oklahoma City.

June 28, 1996 Hearing
In this pre-trial hearing, Marife Nichols, the Philippine-born wife of Oklahoma City bombing suspect Terry Nichols, said she is unfamiliar with U.S. customs and was "confused" shortly after the Oklahoma City bombing when the FBI questioned her in a windowless room for nearly six hours. She told the court she felt that she had no choice but to sign consent forms allowing authorities to search her home and a truck. Defense lawyers want evidence obtained in this search thrown out, claiming it was obtained through coercion.

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May 1, 1996 Hearing
Defense lawyers in the Oklahoma City bombing case said the government's decision to seek the death penalty for the two suspects is invalid and should be thrown out because proper procedures were violated, in this May 1, 1996 pretrial hearing.

Defense lawyers also argued that the 1994 law permitting federal executions is unconstitutionally vague and represents cruel and unusual punishment prohibited under the Eighth Amendment.

In another motion, the defense asked the judge to reject a request from the media to have the audio portion of the trial piped to a press room near the courthouse. No rulings were issued.

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April 9, 1996 Hearing
Arriving under heavy guard, bombing suspects Timothy McVeigh and Terry Nichols made their first appearance in a Denver court April 9, 1996 when their lawyers asked for the release of a wide array of secret information from the CIA, the National Security Agency and the Departments of Justice and State. The lawyers said that the government might have information that could implicate other suspects in the bombing.

Prosecutors said they turned over to the defense more than 20,000 files and 4,000 pieces of physical evidence. They said complying with the defense's request could delay the trial for years. The following is the transcript of the April 9, 1996 hearing.

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Classified Information Procedures Motion
Timothy McVeigh's lawyers filed this March 7, 1996 memo with the court on the Classified Information Procedures Act.

Nichols' Statements Motion
In this Feb. 22, 1996 motion, the prosecution argues for the admissibility of Terry Nichols' pre-trial and pre-arrest statements.

Exhumation Motion
Prosecutors have opposed Timothy McVeigh's request to have an attorney, forensic scientist and photographer present at the exhumation of a U.S. Air Force servicewoman killed in the bombing. The woman was accidentally interred with the left leg of another victim. Authorities exhumed her body to reinter it with the correct left leg. Here is the Feb. 26, 1996 motion.

Motion to Block Civil Discovery
In this Feb. 22, 1986 motion, prosecutors try to block attorneys for Timothy McVeigh from using civil discovery procedures, stemming from a suit brought against McVeigh in an Oklahoma court, as part of his criminal defense.

Change of Venue Order
In this Feb. 20, 1996 order, Judge Richard Matsch has granted a request for a change of venue in the trial of Timothy McVeigh and Terry Nichols from Oklahoma City to Denver.

Death Penalty Brief
Here is the brief of the United States filed December 12, 1995 arguing that the death penalty is constitutional and that the Attorney General acted within the scope of her discretion in seeking the death penalty against McVeigh and Nichols.

Car Search Warrant
In this May 5, 1995 application and affidavit FBI Special Agent Henry C. Gibbons requests the release of the yellow Mercury Marquis driven by defendant McVeigh to look for trace evidence that would link the vehicle with the explosion or the suspects. This files contains a list of items found in the vehicle.

Government's Sequestration Alternatives
In this Sept. 28, 1995 brief, the prosecution proposes as an alternative to sequestration such measures as asking the jurors to "avoid all media . . . that might possibly provide information about the case." The prosecution warns that ". . . some jurors might have no alternative but to avoid certain acquaintances or even relatives" to fairly judge the facts.

Motion to Unseal Documents
Hundreds of documents have been filed in the investigation of the bombing of the Oklahoma City Federal Building, many of which have been sealed or released to the public in revised form. Several area television stations and journalistic societies have entered this motion to unseal documents and to require hearing on the sealing of future documents. In this Oct. 2, 1995 motion, the "Media Group" alleges that proper procedures were not followed in sealing the documents.

Brief to Unseal Documents
In this Oct. 2, 1995 brief, the "Media Group" argues that not only were they not able to contest the action, but there is no public record, making it impossible to tell what documents have been sealed.

Oklahoma Judge Removed from Case
The judge assigned to the Oklahoma City bombing case was removed because his court was damaged in the April 19 bombing.

When the explosion ripped through the Alfred P. Murrah Federal Building, Judge Wayne Alley's courtroom and chambers, located one block south of the federal building, were heavily damaged. Glass shattered, parts of the ceiling collapsed, and a member of Judge Alley's staff was injured, along with other court personnel.

"Based on these circumstances, we conclude that a reasonable person could not help but harbor doubts about the impartiality of Judge Alley," federal appeals court judges write in this Dec. 1, 1995 ruling.

The Transcript of the Preliminary Hearing of Timothy McVeigh
This is the complete transcript of the preliminary hearing of Timothy McVeigh, held April 27, 1995 in Oklahoma City. The hearing established that there was probable cause to hold McVeigh over for trial for the bombing of a federal office building on April 19, 1995.

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The Criminal Complaint against the Nichols' brothers
The amended criminal complaint issued by the FBI against Terry and James Nichols, who allegedly participated in the manufacture of the explosive devices used in the Oklahoma City bombing.

The Criminal Complaint against Timothy McVeigh
The criminal complaint against Timothy McVeigh, a suspect being held in connection with the April 19th bombing in Oklahoma City.

Indictments of Timothy McVeigh and Terry Nichols
A federal grand jury in Oklahoma City handed down indictments in the bombing of a federal building in that city. Timothy McVeigh and Terry Lynn Nichols will stand trial on charges that include murder and use of a weapon of mass destruction.

Michael Fortier's Plea Agreement
In this August 4, 1995 plea agreement, Michael J. Fortier admits he is guilty of conspiring with Timothy McVeigh and Terry Lynn Nichols to traffic explosives. He also admits withholding his knowledge from federal authorities of McVeigh and Nichols' role in the Oklahoma City bombing. Fortier still could be sentenced to as much as 23 years in prison.

Terry Nichols' Affidavit on his Right Not to Pay Taxes
An affidavit signed by Terry Nichols, affirming his constitutional rights and disavowing his legal responsibility to pay taxes to the IRS. Attached to the affidavit is a mailing list of 33 political leaders, including President Bill Clinton, Vice President Al Gore, Senator Bob Dole and Attorney General Janet Reno.

Letter Sent by Timothy McVeigh to Member of Congress
This is the text of a letter sent from suspected bomber Timothy McVeigh to Congressman John J. LaFalce (D-NY). McVeigh questions the legal limits placed on citizens who wish to defend themselves.