Nichols' jurors know little about Oklahoma City bombing

McALESTER - It was the worst act of domestic terrorism in U.S. history, and it occurred only 130 miles from where they live.<br><br>But jurors chosen for the state murder trial of Oklahoma City bombing

Saturday, March 13th 2004, 12:00 am

By: News On 6


McALESTER - It was the worst act of domestic terrorism in U.S. history, and it occurred only 130 miles from where they live.

But jurors chosen for the state murder trial of Oklahoma City bombing conspirator Terry Nichols say they know very little about the case.

During nine days of questioning, prospective jurors were quizzed on how much they have heard or read about Nichols and whether they have an opinion about his guilt or innocence on 161 counts of first-degree murder.

"As to Mr. Nichols, I have not formed any opinion," said one juror who said he lived in Indiana and watched television reports when the April 19, 1995, bombing occurred.

"What did you know about Terry back then?" Nichols' defense attorney, Brian Hermanson, asked another juror.

"Nothing," she replied.

A different juror remembered hearing that Nichols was allegedly involved in the bombing conspiracy, but did not know how.

"Most people jumped to the conclusion that it was someone from the Middle East. The first time I heard it was an American citizen, I was shocked," she said.

A jury of six men and six women was seated on Thursday for Nichols' state bombing trial. Six alternates, three men and three women, were also chosen. Opening statements are scheduled March 22.

Nichols is already serving a life prison sentence on federal bombing convictions for the deaths of eight federal law enforcement officers in the bombing, which killed 168 people. The state charges are for the other 160 victims and one of the victims' fetus.

State prosecutors are seeking the death penalty.

It took one month to seat a jury for Nichols' federal trial in Denver. Jury selection for that trial began about four months after bombing coconspirator Timothy McVeigh was convicted on federal murder charges and sentenced to death in the same courtroom where Nichols was tried.

McVeigh was executed in June 2001.

Defense and prosecution attorneys culled members of Nichols' jury from a 42-member panel of prospective jurors. Panelists were questioned about their views on the death penalty and whether they could consider other sentencing options if he is convicted.

Besides death, Nichols faces life in prison without parole and life with the possibility of parole.

Hermanson repeatedly asked panelists whether they could set aside what they know about the bombing and Nichols' federal conviction. A nationally known jury consultant, Joseph V. Guastaferro, helped Nichols' defense attorneys prepare questions for prospective jurors.

"It wasn't a personal issue to me. I know that's unpatriotic. It was a government building and not being interested may be un-Oklahoman. I'm sorry," a juror said.

"I personally don't know the man," said another. "If he's had a trial before, I honestly didn't know it. His name was involved, that's about it."

One juror remembered that McVeigh was pulled over by an Oklahoma Highway Patrol trooper about 90 minutes after the bombing, but could not remember when he first heard of Nichols.

"I don't know how they tied him to it," the juror said.

Another said he lived in Colorado when the bombing occurred and didn't keep up with news accounts. But he remembered that Nichols and McVeigh had become friends while they served in the Army together.

Nichols' relationship with McVeigh was the focus of one line of questioning by Hermanson. Defense attorneys contend that Nichols was set up by McVeigh to conceal other unknown conspirators.

"Do you believe that friends can mislead you, can hurt you?' Hermanson asked one juror.

"Oh, yes," she replied.

A juror who lived in Wyoming when the bombing occurred remembered that Nichols was with his family in Kansas the day the Alfred P. Murrah Federal Building was bombed.

"I remember he wasn't there when the bomb exploded," he said.

Prosecutors allege Nichols helped McVeigh assemble the ingredients for the bomb and build it.

Hermanson asked several jurors what they thought of Nichols, who was seated on the other side of a conference table.

One juror looked into Nichols' eyes and said: "I don't have any idea."

Judge Steven Taylor moved the trial to McAlester because of extensive pretrial publicity in Oklahoma City. Defense attorneys have said publicity about the bombing and Nichols' federal trial made it impossible to find jurors who could be fair and impartial anywhere in Oklahoma.





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