WRONG! Read the 1st Grand Jury's Charges. Google it and read for yourself, but here is the most important part that shows your statement is wrong:
The Grand Jury charges:
1. Beginning on or about September 13, 1994 and continuing thereafter until on or about April 19, 1995, at Oklahoma City, Oklahoma, in the Western District of Oklahoma and elsewhere, TIMOTHY JAMES McVEIGH and TERRY LYNN NICHOLS, the defendants herein, did knowingly, intentionally, willfully and maliciously conspire, combine and agree together and with others unknown to the Grand Jury to use a weapon of mass destruction .....
Again, if you have three conspirators, and only two are caught, it is a defense atty's dream because you can "pin" it on the third guy. Why didn't either of the two attys attempt to do that . . . they DIDN'T EVEN BRING IT UP. THEY DIDN'T EVEN MUDDY THE WATERS WITH IT. Why? Apparently not enough there to even "muddy" with.