During the June 7 broadcast, Mrs. Davis reported that the possible suspect was a former Iraqi soldier who once served in Saddam Hussein’s army. Sources revealed that he had a tattoo on his upper left arm, which was one of the distinguishing features the FBI references in the official arrest warrant for John Doe 2, which was filed in federal court on April 20, 1995.
A week following the broadcast, the unidentified man in KFOR’s reports, Hussain Al-Hussaini, came forward and granted interviews to local reporters at KWTV and KOCO. He claimed he had been unfairly accused due to racial bias against Arab immigrants. However, the press never addressed the issue of the witnesses who had identified Al-Hussaini in the company of McVeigh and speeding away from the bomb-out Murrah Building seconds after the blast. It was as though those witnesses did not exist.
I was further confounded when KWTV reporter Dave Balut stated, “Hussain says he’s been victimized twice. First by KFOR, then by authorities who refuse to clear him officially. Privately, numerous Justice Department employees in Oklahoma City have confirmed the Channel 4 story is wrong but they say they cannot comment because their bosses in Washington won’t let them.” It was difficult for me to comprehend why the FBI would not officially exonerate this man of any involvement in the bombing if he was innocent. I had witnessed several FBI press conferences in which a string of suspected John Does were cleared of suspicion before a throng of national reporters. Why would this case be treated any differently?
One week later, on June 22, 1995, KFOR fired back, refuting the stories broadcast by KWTV and KOCO point-by-point. Mrs. Davis opened her report by stating, “Tonight, after seeing him (Hussaini Al-Hussaini) again on other stations or in person, our witnesses are more positive than ever he’s the man they saw.” The report also quoted several of Al-Hussaini’s former co-workers who discredited his alibi for the morning of April 19, 1995.
Afterwards, the media wars fell silent. But the flames of controversy were soon rekindled on August 24, 1995, when Al-Hussaini, flanked by a team of lawyers, announced that he had filed a libel lawsuit against KFOR.
During the press conference, a journalist asked Al-Hussaini and his employer, Dr. Samir Khalil, where Al-Hussaini was working the morning of the bombing. That’s when Al-Hussaini’s attorney Gary Richardson interjected, “I’m gonna stop on them giving the exact location.” Once again, I was baffled. Al-Hussaini had openly discussed with KWTV and KOCO he was painting a garage at 2241 NW 31st Street when the bomb detonated. However, several of his fellow employees told reporter Jayna Davis that he was working at 2220 NW 37th Street instead, and reportedly did not arrive until after the bombing.
KFOR reported in April of 1997 that the Plaintiff had voluntarily dismissed the libel lawsuit against the station. However, six months later, it was refilled in federal court on September 22, 1997, just two days after Mrs. Davis testified before the Oklahoma County Grand Jury. Former Oklahoma Representative Charles Key led the petition drive to initiate a grand jury investigation into conspiracy theories surrounding the bombing.
According to press accounts, Mrs. Davis filed a motion to quash her subpoena in order to protect her confidential sources. However, the judge ruled she must testify. Although she said nothing about what she told the grand jury, Mrs. Davis released a brief statement through her attorney in which she debunked conspiracy theorists who believed multiple explosive charges were planted in the Murrah Building and that the government had sufficient warning to prevent the tragedy of April 19. She also expressed her incredulity regarding rumors that John Doe 2 was a government informant who failed to properly deactivate the bomb in a last minute sting operation that had gone awry.
Another two years have passed, and nothing else has been heard from Jayna Davis who has since retired from her career in television news. Mrs. Davis’ attorney, Dan Woska, declined to discuss the Al-Hussaini case. The defense is now waiting for Judge Timothy Leonard to rule upon a pending Motion for Summary Judgment. I recently met with Judge Leonard in his office. He explained it would be inappropriate for him to comment on the lawsuit.
Late Breaking News (Fall/Winter 1999)
As this article is going to press, a ruling from federal court came down. Judge Timothy Leonard dismissed the defamation claim filed by Hussain Al-Hussaini against KFOR-TV and Reporter Jayna Davis. Although the case seemed to be languishing in the court system, I never doubted that he would rule to dismiss. My knowledge of the case and my observations of Judge Leonard’s character through the years gave me the confidence that one day justice would be served. That day has arrived! -- Pam Boydstun
End of The Forum’s article, Fall/Winter 1999