The Oklahoma City Bombing Trial Transcripts
Terry Nichols

Tuesday, January 6, 1998 (afternoon)

              IN THE UNITED STATES DISTRICT COURT
                 FOR THE DISTRICT OF COLORADO
 
Criminal Action No. 96-CR-68
 
UNITED STATES OF AMERICA,
 
    Plaintiff,
 
vs.
 
TERRY LYNN NICHOLS,
 
    Defendant.
 
REPORTER'S TRANSCRIPT
                (Trial to Jury:  Volume 158)

         Proceedings before the HONORABLE RICHARD P. MATSCH,
Judge, United States District Court for the District of
Colorado, commencing at 4:59 p.m., on the 6th day of January,
1998, in Courtroom C-204, United States Courthouse, Denver,
Colorado.

Proceeding Recorded by Mechanical Stenography, Transcription
  Produced via Computer by Paul Zuckerman, 1929 Stout Street,
    P.O. Box 3563, Denver, Colorado, 80294, (303) 629-9285
                          APPEARANCES
         PATRICK RYAN, United States Attorney for the Western
District of Oklahoma, 210 West Park Avenue, Suite 400, Oklahoma
City, Oklahoma, 73102, appearing for the plaintiff.
         LARRY MACKEY, SEAN CONNELLY, BETH WILKINSON, GEOFFREY
MEARNS, JAMIE ORENSTEIN, and AITAN GOELMAN, Special Attorneys
to the U.S. Attorney General, 1961 Stout Street, Suite 1200,
Denver, Colorado, 80294, appearing for the plaintiff.
         MICHAEL TIGAR, RONALD WOODS, ADAM THURSCHWELL, REID
NEUREITER, and JANE TIGAR, Attorneys at Law, 1120 Lincoln
Street, Suite 1308, Denver, Colorado, 80203, appearing for
Defendant Nichols.
                         *  *  *  *  *
                          PROCEEDINGS
    (In open court at 4:59 p.m.)
         THE COURT:  Be seated, please.
         May I have counsel at the bench.
    (At the bench:)
    (Bench Conference 158B1 is not herein transcribed by court
order.  It is transcribed as a separate sealed transcript.)


    (In open court:)
    (Jury in at 5:01 p.m.)
         THE COURT:  Members of the jury, I am going to, it
being 5:00, recess your deliberations for the day.  I know it's
been a long day and you've worked worked hard on the case
today.
         You communicated with the Court yesterday, and I
responded.  You communicated with the Court earlier today.
After consulting with counsel, I responded again.
         And  now you have a communication of a few minutes
ago.  I'm not prepared to respond to that now, because I do
want to discuss it, as is appropriate, of course, with the
lawyers in the case.  I'm sure you understand that.
         But we will have a response for you in the morning.
And I am not making public your communications and my responses
at this time.  Ultimately, they will be public, of course; but
you are a deliberating jury.  Your deliberations are, as I have
told you several times, a matter of secrecy, a matter among the
12 of you.  And it is because of our respect for that and for
the process of jury deliberation that I am not making these
communications public.
         And of course, neither must you.  I'm sure I don't
have to say this, but you have been discussing the case and you
know the views of other jurors.  You've been exchanging views;
and what I want you to do now, just as I have said to you
before when I've recessed deliberations -- but I say it with
even more emphasis now -- that I'm going to ask you to put this
matter to rest entirely in your minds until you're back
tomorrow.  And also, of course, do not discuss your
deliberations or anything about the case with anyone,
including, as I say, other jurors.  I mean, it would be
inappropriate for you to call up another juror and talk about
it or other jurors or in any way during the time of the recess
attempt to influence the views of any other juror in any way by
any communication or effort.
         The only time that you are free to exchange views and
talk to each other and suggest ways to analyze the issues, and
so forth, is when you're together as the 12 jurors.  And I'm
sure you understand that, but I simply want to reemphasize it.
And I'm going to ask you to return at the usual time in the
morning, and I will respond to this latest communication at
that time.
         Now, you're entitled to rest.  You know, everybody who
is involved in this case knows something about the stresses and
strains that are with you and the difficulty of the decisions
that you are here to make.  So I want you to have the
reassurance that we understand the difficult task that has been
given to you and that, you know, it is not expected that there
be some kind of quick response.
         So I hope that each of you will leave this matter in
the courthouse now.  Go your respective ways, have rest, and
come back to us tomorrow; and I'll have something further for
you then.
         So we'll excuse you now and have you back at the same
time in the morning, 8:30 in the morning.
         You're excused for now.
    (Jury out at 5:06 p.m.)
         THE COURT:  All right, we'll be in recess.
    (Recess at 5:07 p.m.)
                         *  *  *  *  *
                    REPORTER'S CERTIFICATE
    I certify that the foregoing is a correct transcript from
the record of proceedings in the above-entitled matter.  Dated
at Denver, Colorado, this 6th day of January, 1998.


                                 _______________________________
                                         Paul Zuckerman