Judge dismisses fetus murder count against Terry Nichols

Tuesday, July 8th 2003, 12:00 am
By: News On 6

(Oklahoma City-AP) -- A murder charge accusing bombing conspirator Terry Nichols of the death of an unborn fetus was dismissed Tuesday.

But a state judge hearing the case refused to throw out 161 other murder counts against Nichols, including the death of a second fetus.

District Judge Steven Taylor also denied Nichols' motion to send the case back to a preliminary hearing for more testimony.

Defense attorneys argued they weren't given a report about an FBI agent's interview of a witness who saw a Ryder truck parked outside the Oklahoma City federal building.

Nichols was bound over for trial on 162 first-degree murder charges following a preliminary hearing in May.

Prosecutors are seeking the death penalty.

They say they will appeal the judge's decision to throw out the charge involving one of the unborn fetuses.

The judge ruled that prosecutors gave Nichols insufficient notice of their plan to seek a murder charge for the death of Carrie Ann Lenz' unborn child.