McVeigh's attorney claims international terrorists behind Oklahoma bombing
April 9, 1996
Web posted at: 11 p.m. EDTDENVER, Colorado (CNN) -- Bombing suspects Timothy McVeigh and Terry Nichols were brought to the federal courthouse by a heavily guarded motorcade before dawn Tuesday for their first court appearance in Denver (434K QuickTime movie). At issue: What do the CIA and other U.S. intelligence agencies know about the April 19 bombing of the Oklahoma City federal building that killed 168 people?
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McVeigh defense attorney Stephen Jones claims the bombing was an act of international terrorism.
"The Oklahoma City bombing was planned, financed and executed by a foreign state or a terrorist group under the control of a foreign state, probably in connection with a domestic terrorist organization," Jones said in the courtroom Tuesday. (153K AIFF sound or 153K WAV sound)
Jones' defense team gave the judge secret information that it says backs up the claim. And in court, the lawyers asked for more.
"I am specifically seeking information that relates to the Republic of Iraq, the Republic of Iran, Sudan, the connections -- if any, and I believe there are -- (that) exist between one or more of those groups and certain terrorist groups inside the United States and in the Federal Republic of Germany and the United Kingdom," Jones said.
The prosecution said the defense was not entitled by law to search CIA files on "mere speculation" and added, "They are on a fishing expedition for this kind of information."
U.S. official denies international link
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Assistant U.S. Attorney Beth Wilkinson said Tuesday that a check of intelligence agencies turned up no international connection.
"As of today, we have no information showing that anyone but Mr. McVeigh and Mr. Nichols were the masterminds of this bombing," Wilkinson said.
Wilkinson said the Murrah Building was bombed in retribution for the 1993 standoff between Branch Davidians and the FBI that ended in a fire at the group's compound near Waco, Texas, on April 19, killing 85 people. (196K AIFF sound or 196K WAV sound)
Jones argued that the government has still not been able to identify the mysterious "John Doe No. 2," who witnesses said helped rent the truck used for the bombing.
Jones called him "an individual that exists, as certain as I am standing before you."
Judge Richard Matsch agreed to look at Jones' secret filing before deciding whether to order a search of intelligence materials.
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Jones' filing is being kept secret from both the government and from co-defendant Terry Nichols' attorneys. Jones said about a third of the material is embarrassing and perhaps prejudicial to Nichols.
The filing is another example of the split between the strategies of the Nichols and McVeigh defense teams. Later this summer, defense attorneys will argue that McVeigh and Nichols should be tried separately.
The trial is not expected to start until some time around the end of the year.
Defense to get FBI scientist's complaints
Also, the prosecution agreed to give the defense the written reports of a maverick FBI scientist who has complained that the FBI laboratory may have botched its examination of crucial evidence in the case.
Dr. Frederick Whitehurst took part in only one FBI test, according to the prosecution, but that test could be critical to the case against McVeigh and Nichols.
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The prosecution said Whitehurst did take part in a series of tests on McVeigh's clothing after his arrest. The FBI has testified that the tests found traces of a chemical used in explosives.
In that test, the prosecution said, "He (Whitehurst) found no results."
The prosecution agreed to turn over Whitehurst's complaints to the defense within 30 days.
Judge Matsch said that he may have a hearing on issues of admissibility of the FBI's scientific evidence later this year.
At the next public hearing, scheduled for May 1 in Denver, the defense plans to challenge the constitutionality of applying the death penalty for terrorist acts.
Related story:
- Motorcade takes McVeigh, Nichols to first hearing
- Denver opens its arms to bombing victims' families
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