Judge issues setback to Oklahoma City bombing defense
June 18, 1996
Web posted at: 3:10 p.m. EDTDENVER (CNN) -- The judge in the Oklahoma City bombing case dealt a major blow to the defense of suspect Timothy McVeigh on Tuesday by denying a request for an evidence hearing on whether search warrants were properly issued.
Judge Richard Matsch said there was not enough evidence of government omissions or falsehoods to support a hearing on the defense challenge.
The defense had hoped to get the search warrants for McVeigh's car and his clothing thrown out of court. The FBI said it found explosive chemicals on McVeigh's clothing, and inflammatory anti-government writings were found in his car.
The defense argued the FBI hid the fact that the physical description of the man who rented the alleged bomb truck in Junction City, Kansas, did not fully match McVeigh.
But Matsch ruled that made no difference, since other witnesses had identified the FBI sketch of John Doe No. 1 as McVeigh.
The judge also denied the defense an opportunity to question FBI scientists in this hearing about the cause of the explosion. He said the findings in the first few days were enough to satisfy the requirements for the search warrants.
Matsch said he will schedule another hearing later in the year on whether the FBI laboratory made mistakes in handling scientific evidence.
McVeigh and co-defendant Terry Nichols are charged with murder, terrorism and conspiracy in the bombing attack on the federal building in Oklahoma City on April 19, 1995. The bombing claimed 168 lives.
The two could face the death penalty if convicted. The trial in federal court in Denver will not begin until the end of this year at the earliest.
Also, separate hearings are scheduled for June 26 on defense efforts to get Nichols' admissions to the FBI thrown out.
When Nichols first surrendered, he allegedly told the FBI he met McVeigh in Oklahoma City three days before the bombing and was to drive him back to Kansas.
The FBI contends Nichols waived his rights when he talked with them. The defense says he did not.
Related stories:
- CNN's Oklahoma City Special Section
- Poll: Most think additional Oklahoma bombing suspects are at large - April 19, 1996
- One year later, victims of Oklahoma bombing remembered - April 19, 1996
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