Oklahoma bombing judge to let 'impact witnesses' see trial

Defense wants trial delayed to explore possible terrorism

DENVER (CNN) -- Victims of the Oklahoma City bombing can attend the trial, even if they plan to testify in the sentencing phase if suspect Timothy McVeigh is found guilty, the federal judge in the case ruled Tuesday.

U.S. District Judge Richard Matsch said he took into account a law signed last week by President Clinton that prohibits federal judges from excluding victims who may testify about the impact of a crime on them or their families.

Matsch originally had barred those victims from attending the trial in Denver, because he was concerned that the proceedings would affect their testimony during the penalty phase. The trial begins March 31.

"A debate now on the constitutionality of this new legislation would result in a delay of that trial," Matsch wrote in a five-page decision. The April 19, 1995, bombing of the Alfred P. Murrah federal building killed 168 people.

Attorneys for McVeigh indicated they may challenge the new law but, in his ruling, Matsch said such a challenge would be premature.

He wrote that if McVeigh is convicted of the bombing, the so-called "impact witnesses" can be questioned outside the presence of the jury to determine whether having watched the trial would affect their testimony in the penalty phase.

Some victims still barred

Despite Matsch's ruling, some survivors of the bombing still will be prohibited from watching the trial. Federal rules prohibit witnesses from hearing testimony before they take the stand in the initial stage of the trial, during which McVeigh's guilt or innocence will be decided.

Prosecutors are expected to call them as witnesses. Their testimony likely will include testimony describing what it was like to be in the federal building when the explosion occurred.

McVeigh's former Army buddy Terry Nichols also is charged in the bombing. Nichols will be tried at a later date.

Attorney General Janet Reno has said federal prosecutors will seek the death penalty for any convictions in the bombing.

Defense seeks trial delay

Also Tuesday, defense lawyers filed a motion asking the court to order prosecutors to turn over secret intelligence documents that defense attorney Stephen Jones claims could support an international-conspiracy theory and clear McVeigh of the bombings.

In a 155-page brief, he asked for either a postponement of the trial, set to begin next Monday with jury selection, or a delay of the proceedings once a jury has been seated to give him time to make a case for a possible conspiracy.

Jones said in the brief that international terrorists sponsored by a country such as Iraq could be responsible for the Oklahoma City bombing.

The brief claims the federal building in Oklahoma City was chosen as a target for one of three reasons: its lack of security, the existence of international terrorists in Oklahoma or its significance to neo-Nazis.

Jones said defense attorneys will argue that McVeigh did not rent the Ryder truck used in the bombing, did not travel to Oklahoma City and did not detonate the bomb.

Neither Jones nor government prosecutors would comment on the filing. They are under a gag order not to comment on any bombing stories prior to the completion of jury selection.

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