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Posted on 10/12/2003 6:56:09 PM PDT by tomball
Prosecutors warn on 'brink of dismissal' due to lack of cooperation
Oklahoma prosecutors have warned Attorney General John Ashcroft a lack of cooperation by the federal government has ''hamstringed'' the prosecution and jeopardized the state bombing case against Terry Nichols to the point that it's on ''the brink of dismissal.''
In a letter to Ashcroft released on Friday, Oklahoma County District Attorney Wes Lane says an Oklahoma judge may dismiss the case against Nichols because his defense team has not been allowed to depose federal government witnesses.
''It is an unfortunate circumstance that the state finds itself in the position of having fought for several years to bring this case to trial – and to finally be on the very eve of trial – only to find that the federal government can hamstring our prosecution by its refusal to cooperate,'' Lane wrote.
Nichols' defense attorneys plan to question dozens of current and former federal agents and three former U.S. attorneys before trial. They either interviewed witnesses who may testify, or they themselves will testify for the prosecution, reports the Oklahoman newspaper.
Several interviews have already been scheduled but Nichols' trial judge has repeatedly complained more could have been questioned already with more cooperation from the federal government.
''This ... process has been the subject of serious discussion and concern for over four months. ... If the federal government does not fully cooperate, this trial cannot proceed,'' the judge wrote in an order. ''To this point that cooperation is totally unsatisfactory.''
District Attorney Wes Lane warned Ashcroft in his letter, the judge could throw out the death penalty, ban federal witnesses from testifying for the prosecution or ''outright dismiss the case, '' according to the paper.
Federal officials insist they are cooperating.
''We’re working diligently to find the witnesses and get them prepared,'' Robert McCampbell, the U.S. attorney in Oklahoma City, told the Oklahoman.
The judge has scheduled a hearing for Tuesday over the controversy.
Nichols, 48, was sentenced in 1997 to life in federal prison without the possibility of release after being convicted at his federal trial of the bombing conspiracy and manslaughter in the deaths of eight federal agents in the 1995 Oklahoma city bombing.
His state case focuses on the 160 others killed in the 1995 attack, as well as the loss of an unborn girl.
Nichols' former U.S. Army buddy, Timothy McVeigh, was convicted of exploding the truck bomb that destroyed the Alfred P. Murrah federal building. He was executed in June 2001.
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That's because they have to protect one of their own.
There's that little thing - John Doe and the Muslim terrorist connection.
Clinton told the world it was Rush Limbaugh and the right wing malitias.
If the word get's out our entire government LIED, it would be devestatiing to the blind trust our government needs to perform their duties.
And yes, you are correct - the Bush administration cannot admit this. We have a war to fight.
So now what?
Nothing to see here...move along....
I don't know.
Instead of our government working under the people, the people are now are working under the government.
Woe to those who call good evil, and call evil good.
The U.S. attorney would not accept this excuse from a civilian.
I recently attended a lecture by a FBI agent on how the FBI is coping with terrorism since 9-11. It turned out to be more of a Power Point slide show on the history of the FBI than any analysis. The agent categorized the OKC bombing as an example of "domestic terrorism."
I asked him, "What about Jose Padilla and his resemblence to John Doe #2?" He claimed that he had never heard of Jose Padilla.
I countered by identifying Padilla as that Hispanic/Muslim who was arrested trying to return to Chicago with the intent of smuggling a nuclear bomb into the country. The FBI agent looked blank, although eveyone else in the room knew what I was talking about. Then he said, "Chicago is a different district and we don't deal with the same cases."
He then went on to say that I was falling prey to "media hype." He actually seem shocked that I would infer an Al Qaeda connection. He claimed there was no connection, etc. etc.; the case was cut and dried. Other people present said, "What about Terry Nichols traveling to the Philippines, etc.?"
I still don't know if this man was really stupid, or if he was being cagey so that he wouldn't let slip any information.
Or he's one of the FBI guys that sit at a desk and checks the mail.
The "heavy dudes" are out looking for the bigger game.
The reason I say that is because this guy is standing in front of a bunch of people admitting he's an FBI agent. There's no fear of "Blowing his cover."
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