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Nichols returns to Supreme Court in light of FBI mistake
WASHINGTON (AP) Lawyers for Terry Nichols, convicted in the
1995 Oklahoma City bombing that killed 168 people, asked the
Supreme Court to reconsider an appeal in light of the FBI's failure
to give defense lawyers thousands of documents.
"The newly discovered fact that the United States withheld
concededly discoverable FBI materials casts Mr. Nichols' request
... in a much more favorable light," his lawyers wrote in court
papers filed over the weekend and released Monday.
Nichols, who is serving a life sentence, wants the Supreme Court
to reconsider an earlier action in his case. In April the court,
without comment, turned down Nichols' request for a new trial.
On Thursday the Justice Department revealed that more than 3,000
documents were not turned over to lawyers for Nichols and convicted
bomber Timothy McVeigh. Attorney General John Ashcroft delayed
McVeigh's scheduled execution as a result.
Nichols' lawyers said the documents issue bolsters their
argument that prosecutors mishandled information that could have
helped their client before trial.
Some of the documents apparently concern the FBI's search for a
possible "John Doe No. 2," another suspect in the bombing.
"The identity of Mr. McVeigh's primary co-conspirator, John Doe
No. 2, was a key issue in Mr. Nichols' trial defense and the
withheld (documents) regarding the identity of that person went to
the heart of," Nichols' request for reconsideration, his lawyers
wrote,
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