February 20, 1996
Web posted at: 2:20 p.m. EST
DENVER (CNN) -- In a ruling disappointing to the families of Oklahoma City bombing victims, a federal judge announced Tuesday that the case against suspects Timothy McVeigh and Terry Nichols will be heard in Denver. No date was set.
Defense attorneys, who had requested an out-of-state trial, said they and their clients were pleased with the decision.
But relatives of the 169 people killed in the April 19 blast at the Oklahoma City federal building wanted the trial held close to home to make it easier for them to attend. Some of them also told CNN they would attend the trial, regardless of where it was held.
Stephen Jones, representing McVeigh, said the defense will cooperate with efforts by family members who want to attend the trial in Denver. (128K AIFF sound or 128K WAV sound) Attorney General Janet Reno said the ruling by U.S. District Judge Richard Matsch is final, and the prosecution cannot appeal it.
Matsch said the goal of a fair trial outweighed the interests of victims' families.
"There is so great a prejudice against these two defendants in the state of Oklahoma that they cannot obtain a fair and impartial trial at any place ... in that state," Matsch wrote. He said newspaper and television stories about McVeigh and Nichols had been so pervasive inside Oklahoma that "they have been demonized."
But Jones, himself an Oklahoman, said Matsch went "out of his way" to praise the way Oklahoma authorities had handled the case. While Matsch is the presiding federal judge in Denver, Jones said criticism of the judge for moving the case there is not justified. (136K AIFF sound or 136K WAV sound)
The trial could even be moved again, if there's "not some restraint by all concerned to hold down prejudicial publicity," Jones said. (162K AIFF sound or 162K WAV sound)
Matsch's decision comes just a few weeks after a hearing to determine the trial's location. The previous judge in the case had selected Lawton, a military town about 90 miles southwest of Oklahoma City. But Matsch said the turn-of-the- century federal courthouse in Lawton would be "inadequate" for such a trial and would need at least $1 million in repairs.
Defense attorneys had argued that McVeigh and Nichols could not get a fair trial in Oklahoma, so close to the crime.
Matsch agreed, writing in his opinion, "The effects of the explosion on (Oklahoma) are so profound and pervasive that no detailed discussion of the evidence (for change of venue) is necessary."
"Denver is a large metropolitan community with many community resources," Matsch wrote, noting that the city has a large pool of potential jurors. "It is readily accessible, being well-served with daily, nonstop flights from all relevant cities. The court facilities in Denver are well-suited for accommodating the special needs of this trial."
McVeigh and Nichols could face the death penalty if convicted on the charges of terrorism, murder and conspiracy. Because the jury also would be asked to recommend life or death for the pair if they are found guilty, Matsch said that would make it even more difficult to seat an impartial jury in Oklahoma.
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