Terry Nichols case at center of GOP primary between Oklahoma proescutors

OKLAHOMA CITY (AP) _ Headed into Tuesday's primary, the district attorney is locked in nasty re-election campaign that includes a dispute over whether to pursue a death penalty case against Oklahoma

Friday, August 23rd 2002, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ Headed into Tuesday's primary, the district attorney is locked in nasty re-election campaign that includes a dispute over whether to pursue a death penalty case against Oklahoma City bombing conspirator Terry Nichols.

District Attorney Wes Lane drew cheers from bombing victims' families when he announced in September that he would put Nichols on trial for his life.

Mickey Homsey, Lane's opponent in the GOP primary, says further prosecution of Nichols is unnecessary. He estimates the state could end up spending $15 million on a death penalty case.

``We ought to use those dollars to prosecute the criminals who are preying on this community right now ... those that we're afraid of and not those that we're mad at,'' Homsey said. ``I don't believe he's worth another dime of our money. Let him crawl back under the rock where he came from and leave the people of Oklahoma alone.''

A federal jury in Denver convicted Nichols of eight counts of involuntary manslaughter for the federal agents killed in the April 19, 1995, bombing of the city federal building. He has not been tried on 160 state counts of first-degree murder for the deaths of civilians.

Nichols is serving a federal prison sentence without possibility of parole. He is appealing his conviction. The bomber, Timothy McVeigh, was executed last year.

Lane was picked by the governor last year to take over for Bob Macy, who retired. Lane said he wants Nichols held accountable no matter what happens with his federal appeal.

``Accountability with the laws of Oklahoma demand that we stay the course,'' he said in September.

The state already has spent $1.7 million on Nichols' case, which has not yet reached a preliminary hearing.

Lane, 46, said this week that he is frustrated because Homsey tells the public that taxpayer money is funding Nichols' defense. He said defense attorneys are paid through a fund generated mainly from court fees.

In TV commercials, Homsey has also accused Lane of being sloppy and incompetent, allowing dozens of molesters and drug dealers to slip out of jail because his office does not complete paperwork on time. Homsey, 50, is a former prosecutor who now works as a defense attorney.

A radio spot for Lane featured a distraught mother, still grieving over the murder of her son, asking people not to vote for the defense attorney who represented his brutal killer.

The winner of the Republican primary will face Oklahoma City attorney Larry Monard, 52, the lone Democratic candidate, in November.