Testimony by FBI Agent Jon Hersley
Q. In your review of the surveillance photos, did you find any surveillance photos of that parking lot across the street from the Murrah Building?
A. Yes.
Q. Okay.
A. You characterized that as my review of the photographs. I was shown those particular photographs by Agent Lamar.
Q. Have you been shown a photograph of that particular parking lot, sir, across the street from the Murrah Building that includes the speeding Mercury in the photograph?
A. We don't know for sure yet. Those photographs are not real clear. They are taken from a pretty good distance away. There appears to be a light-colored car in the very vicinity where this witness testifies -- or provides the information was speeding away from. We are not able to determine yet if that is in fact the yellow Mercury.
Q. Can you clearly tell in the photographs that you have seen or have you been advised that you can clearly tell in the film the time of the explosion?
A. I'm not sure I understand your question.
Q. Well, I don't know how to -- can you tell in the film or the photographs when the explosion occurs?
A. The film that I viewed was before the explosion. I did not view the entire film. The pictures that were shown to me were before the explosion.
Q. The pictures that you saw of that particular parking lot -- now I'm talking about the parking lot across the street from the Murrah Building --
A. Right.
Q. -- in a northerly direction, that parking lot, there is film of that parking lot prior to the time of the explosion?
A. Yes.
Q. Correct?
A. Yes.
Q. Is it time-stamped so that you can tell a particular time of day on the 19th of April that that camera is viewing, scanning that parking lot?
A. Yes.
Q. Can you tell me where that particular camera was located?
A. I believe that particular camera was located on the apartment building there that we have been speaking of.
Q. So those were some more pictures from the Regency?
A. Yes, those are the pictures from the Regency.
Q. So the camera from the Regency -- is this the camera at the very top of the Regency Tower?
A. I don't know the exact location of the camera, but it kind of scans that whole area there, is what has been represented to me. It scans in front of the Tower building and also over towards the parking lot.
Judge Refuses To Bar Subpoena Of Ex-Reporter
Ed Godfrey 09/12/1997
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A judge on Thursday refused to quash a subpoena requiring former KFOR-TV reporter Jayna Davis to testify before the Oklahoma County grand jury investigating the Murrah bombing.
In June 1995, Davis aired a report linking an Iraqi then living in Oklahoma City with the bombing. Al-Hussaini Hussain sued KFOR in Oklahoma County District Court, saying the station fingered him as John Doe 2.
Hussain was not named, but attorneys claimed he was identified through "innuendo." Hussain dropped the lawsuit in April.
Davis was subpoenaed to testify today . On Thursday, her attorney, A. Daniel Woska, asked Oklahoma County District Judge Bill Burkett to prevent her from appearing, based on "newsman's privilege" under state law.
Davis claimed her stories involved sources who said they saw "a certain individual either in the company of Timothy McVeigh in Oklahoma City prior to the bombing, or in other circumstances suggesting he might be John Doe No. 2."
Davis claims those reports were based on confidential sources and information that has never been broadcast.
Davis and the witnesses she spoke with have been threatened as a result of her investigation, Woska told the judge.
Patrick Morgan, the prosecutor advising the grand jury, argued Davis waived her newsman privilege by voluntarily disclosing certain information to law enforcement.
Morgan also said the grand jury should hear about any threats.
"If she has information about who gave these threats, I think the jury has the right to hear that kind of testimony," Morgan said.
Burkett agreed . Woska told the judge that Davis did not know who made the threats.
Davis, who is seven months pregnant, did not appear Thursday because she was ill, Woska said.
Burkett ruled Davis must appear as a witness, but told both sides to attempt to determine in advance what testimony may be privileged. Her testimony is expected to be postponed until next week.
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This is how Jayna Davis the prior warning memos in a 6-27-02 interview on the Jim Quinn show:
Jayna Davis;
"I had in my possession prior warning documents that I was given six years ago by the Congressional Task Force on Terrorism and Unconventional Warfare which validated all the witness testimony in Oklahoma City..."
"March third, 1995 the Director of the Congressional Task Force, Mr. Yosseff Bodansky, issued an updated warning stating that the terrorists now plan to strike at, and I am quoting, "the heart of the U.S." Did that mean Oklahoma City? Yes it did. Twelve cities were on the target list because of the radical Islamic groups and terrorist networks operating in those cities. Oklahoma City was definately on the list."
"I am going to quote directly from an intelligence report issued by Yossef Bodansky.'This meant Oklahoma City would have been on the short list of objectives because of the known prominence of local Islamic networks operating within Oklahoma City'."
"Now, when Bodansky issued this prior warning, he didn't do this because he had a little bit of information over a few weeks. He did this after 18 months of intelligence gathering from numerous sources in numerous Middle Eastern countries and they were all coming back with the same information and there was corroborating information coming from terrorist conferences that took place in the Fall of '94 and the Spring of '95 in which Tehran, the captital of Iran, indicated an overriding desire to strike inside the borders of the great Satan..."
Why would Jayna Davis fight a subpoena in court in an attempt to not testify before the Oklahoma Grand Jury, considering the value of the information she had? I guess she will not have to fight a subponea to appear before a congressional committee now.