Reuters
September 3, 2001


Oklahoma D.A. to Decide Bombing Conspirator's Fate


By Ben Fenwick

OKLAHOMA CITY (Reuters) -- Oklahoma County's new district attorney will announce on Wednesday whether he will drop or continue a state capital murder case against federally convicted Oklahoma bombing conspirator Terry Nichols, his office said on Monday.

District Attorney Wes Lane, who took over in June from 21-year veteran Bob Macy, will make the announcement at the Oklahoma City National Memorial, which marks the site where a car bomb killed 168 people in April 1995.

The district attorney's office made the announcement in a statement, but did not indicate what Lane had decided. Telephone calls to his office were not returned.

Nichols, 46, was sentenced to life in prison without parole after a federal jury in Colorado convicted him of helping plan the bombing that gutted the Alfred P. Murrah Federal Building in Oklahoma City.

Lane has raised questions about pursuing the Nichols case since taking over on July 2 from Macy, who originally filed 160 counts of state capital murder charges against Nichols in 1999 but saw the case mired in a series of pre-trial court setbacks.

Macy was the driving force behind the Nichols case, vowing to seek a death penalty conviction on state charges after the federal jury was unable to agree on a death sentence.

The 160 capital murder charges cover each of the victims whose deaths were not covered by the federal trial.

The case has been controversial in Oklahoma from the start. State legislators temporarily blocked funding for the case last year until a judge overruled them.

Opinion polls continue to show Oklahomans split over whether a death penalty conviction is worth spending millions of dollars and reopening emotional wounds.

While giving no indication of which way he will decide, Lane has cited the financial costs of a trial, the time demands on his office and the strain of reviving bombing memories as reasons why he might drop the case.

In July, Lane met with bombing survivors and relatives of the dead to gauge their views on whether to proceed. Participants said opinions at that meeting were split about evenly on either side of the issue.

Nichols's former army friend Timothy McVeigh was executed in June on a federal conviction for detonating the Oklahoma City bomb out of anger at the U.S. government.

Nichols is in jail in Oklahoma City awaiting a preliminary hearing that will determine if there is enough evidence to go to trial on the state charges. No date has been set for that hearing.

Copyright © 2001. Reuters. All rights reserved.

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