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Judge now mulling Nichols' request for vacating conviction
DENVER Lawyers for Oklahoma City bombing conspirator
Terry Nichols said Wednesday his conviction and life sentence
should be overturned because the jury did not rule on whether he
knew people would die.
Nichols, 45, was found guilty of conspiracy and eight counts of
involuntary manslaughter in the 1995 federal building bombing,
which killed 168 people.
His defense lawyer, John Richilano, asked U.S. District Judge
Richard Match on Wednesday to vacate the conviction and sentence
because jurors were not asked to determine whether Nichols knew
what would happen in the bombing.
He said jurors needed to make that determination to convict.
Prosecutor Sean Connelly said jurors found that Nichols took
part in a conspiracy that resulted in death, and that the deaths
were a foreseeable result of the conspiracy. He said those findings
justify a life sentence for Nichols.
Richilano also argued that Nichols deserved a new trial because
Matsch refused to allow FBI scientist Frederick Whitehurst to
testify about problems handling evidence at the agency's
laboratory. Matsch said two other witnesses had already made the
same argument.
The judge did not rule on the arguments Wednesday.
One of Nichols' defense attorneys, Barry Schwartz, said this
could be Nichols' last round of challenges unless substantial new
evidence is found.
Convicted bomber Timothy McVeigh is scheduled for execution May
16.
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