Tigar asks judge to stop trial, acquit Nichols

Terry Nichols

Judge refuses

January 2, 1998
Web posted at: 1:27 p.m. EST (1827 GMT)

DENVER (CNN) -- Defense attorney Michael Tigar, citing emotional outbursts from prosecution witnesses, asked a judge Friday to stop the penalty phase of the Terry Nichols Oklahoma City bombing trial and acquit his client.

But U.S. District Court Judge Richard Matsch refused, saying he would leave it up to the jury to recommend a sentence. Tigar made his motion before the start of Friday's court session.

McVeigh was convicted of 11 murder and conspiracy charges and sentenced to death. His jury will be asked to make its life-or-death decision next week.

Tigar explained Friday that the amount of emotional testimony from the 55 prosecution witnesses had been unprecedented and would likely influence the jurors against Nichols.

Tigar

Most of the prosecution witnesses called during the sentencing phase were survivors or relatives of the 168 people killed in the April 19, 1995, bombing of the Alfred P. Murrah federal building.

One of the final prosecution witnesses, Kathleen Treanor -- whose young daughter died along with the child's grandparents -- glared at Nichols, shook her fists and sobbed as she shouted that her daughter was "taken from me" and "the next time I saw her was in a box."

Her outbursts left the courtroom so shaken that Matsch admonished jurors not to be "swept away" by emotional testimony as they considered Nichols' punishment.

"The ultimate question is what should be done to him for the crime of conspiracy," Matsch has told jurors. "It would be a violation of your oath to be swept away by the emotional impact of the testimony.

"None of what you heard was admissible evidence at trial. None of it proves anything against Terry Nichols and the charges against him," Matsch said.

Defense opens its penalty case

Following the judge's ruling Friday, the defense began presenting its case by calling Nichols' wife Marife.

Nichols' family and friends -- about 60 witnesses in all -- are on the defense's list of possible witnesses. They will try to persuade jurors that Nichols doesn't deserve to die for his role in the attack.

Nichols was convicted December 23 of conspiracy and involuntary manslaughter -- but acquitted of murder, with jurors concluding he never intended to kill.

In his opening statement in the penalty phase, Tigar told jurors their decision must not be based on the emotional testimony of survivors and victims' relatives. He said the decision must be based on the law, and on Nichols' intent.

Nichols, he said, never intended to kill anyone.

Jury to get case next week

Nichols' ex-wife Lana Padilla is expected to describe Nichols as a caring father

Nichols' ex-wife, Lana Padilla, and her three sons are among those expected to take the stand. Padilla, who also testified during the first phase of the trial, is expected to describe Nichols as a caring father.

Nichols has not testified in the trial so far, and is not expected to do so.

Because of the mixed verdict, legal experts don't think he'll get the death penalty. He could get life in prison, or a lesser term.

Nichols, 42, and Timothy McVeigh were charged with planning the bombing to avenge the fiery deaths of Branch Davidians during a siege near Waco, Texas. The federal building was bombed on the second anniversary of the fire.

T H E   N I C H O L S   T R I A L  /   T H E   M c V E I G H   T R I A L
T H E   B O M B I N G  /   C N N   S T O R I E S   /   L I N K S

Related stories:

• Nichols jurors warned not to be 'swept away' by emotion - December 31, 1997
• Penalty phase begins in Nichols trial - December 29, 1997
• Nichols verdict dismays victims' families, friends - December 23, 1997

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