The Kansas City Star
October 28, 1995
Section: NATIONAL/WORLD
Edition: METROPOLITAN
Page: A4
Camera saw figure in bomb truck
Oklahoma City video is unclear, but it may show John Doe No. 2.
The Associated Press
OKLAHOMA CITY - Videotape from a surveillance camera captured a glimpse of a shadowy figure in the passenger seat of a bomb-laden Ryder truck minutes before it blew apart the federal building, a federal law enforcement source says.
The footage is not clear enough to identify anyone, but it adds to the body of evidence that a third figure - perhaps the long-sought John Doe No. 2 - took part in the attack with two other persons, the source said.
``There's a shape in there, but they can't see a face,'' the source said of footage, which was taken by a camera on a nearby apartment building. The camera picked up the shadowy passenger about three minutes before the bomb went off April 19 at the Murrah Federal Building.
The government says Timothy McVeigh drove to Oklahoma City in the truck, parked it in front of the federal building and made his getaway in a yellow Mercury Marquis. But prosecutors have given no indication that Terry Nichols, also charged in the case, was in Oklahoma City the day of the bombing.
Although a federal grand jury indicted only McVeigh and Nichols on murder and conspiracy charges, agents scoured the country for a third conspirator, known only as John Doe No. 2, who was portrayed in sketches distributed shortly after the blast.
Authorities later said that an innocent Army private resembled the sketches. But the drawings were never withdrawn. Moreover, the indictment accuses McVeigh and Nichols of acting with ``others unknown,'' and agents were still hunting for other conspirators.
A call Friday to Assistant U.S. Attorney Steve Mullins, a spokesman for the prosecution team, was not returned immediately.
Prosecutors repeatedly refused to discuss surveillance tape or other evidence in the case.
McVeigh's lawyer, Stephen Jones, said he had not seen the tape and could not comment.
A senior federal official in Washington said recently that agents currently searching did not expect to turn up another key player in the plot.
The law enforcement source, however, said many investigators remained convinced that John Doe No. 2 was still at large.
McVeigh and Nichols go on trial May 17.
Judge David L. Russell 1210 Federal Court House 200 N.W. 4th Oklahoma City, OK 73102
Dear Judge Russell:
Pursuant to instructions from lead prosecutor, Joseph Hartzler, I write you this letter to express my concerns about the Oklahoma City bombing investigation. January is coming upon us fast and I am concerned that there will then be no one in authority with sufficient motivation to pursue the case.
The families of the victims deserve to know who all was involved in the bombing, and there appears to be an attempt to protect the identity of certain suspects, namely John Doe II, evidenced by the following:
1) The hoax perpetrated by authorities that John Doe II was a Ft. Riley private who rented a truck on a different day. The Ft. Riley private was not with Tim McVeigh, nor does he remotely resemble the police sketch of John Doe II.
2) The lack of witnesses relating to John Doe II, namely:
a) the manager of the Great Western Inn on I-70 in Junction City, Kansas, where John Doe II registered using a foreign name and reportedly stayed in room #107. This manager apparently reported that John Doe II spoke in broken English and was driving the mystery "second Ryder truck." Strangely, this manager has reportedly "disappeared" and cannot be found;
b) the Elliott's Body Shop employee that reportedly gave the FBI artist the description of Tim McVeigh and John Doe II. The McVeigh sketch was almost perfect and there is no reason to doubt that the John Doe II sketch is less so;
c) the Oklahoma City tire shop employee who saw John Doe II in the Ryder truck with McVeigh shortly before the explosion.
3) The lack of the use of the John Doe II sketch in interviewing witnesses that had apparently seen him in locations other than those previously acknowledged.
Perhaps a new Grand Jury should be empaneled in 1996 dedicated to this investigation. If so, I suggest the following list of witnesses that need to be subpoenaed for testimony:
1) The manager (at the time of the Oklahoma City bombing) of the Great Western Inn on I-70 in Junction City, Kansas, if he is still alive and can be found.
2) The Ft. Riley private identified by authorities as John Doe II.
3) Architects, structural engineers and explosive experts selected by the Grand Jury.
4) Area seismologists and geophysicists, including Ray Brown.
5) All video surveillance tapes from cameras near the Murrah Building, including the one made by a Southwestern Bell camera which reportedly shows John Doe II getting out of the Ryder truck before McVeigh drove it to the Murrah Building.
6) Ralph McPeak, Jr.
7) Vickie Beemer
8) Tom Kissinger
9) Hilda Sostra
10) Mike Moroz
11) James Rosencrans
Time may be of the essence before witnesses disappear or lose their memories or their materials. The truth is as important to you as it is to me, I trust; therefore your response will be eagerly awaited.
Very truly yours,
Hoppy Heidelberg
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The response to Hoppy Heidelberg from Judge David L. Russell
David L. Russell, Chief Judge United States District Court Western District of Oklahoma 200 N.W. 4th Street Oklahoma City, Oklahoma 73102
October 24, 1995
Mr. Hoppy Heidelberg
Re: U.S.A. v. Timothy McVeigh and Terry Nichols: Case No. CR-95-110-A; and U.S.A. v. Michael Fortier, Case No. CR-95-111-R, United States District Court- Western District of Oklahoma
Dear Mr. Heidelberg:
Effective immediately, you are dismissed from the grand jury. Your obligation of secrecy continues. Any disclosure of matters that occurred before the grand jury constitutes a contempt of court. Each violation of the obligation of secrecy may be punished cumulatively.
Sincerely,
David L. Russell United States District Judge