Nichols asks state Supreme Court to keep Oklahoma County prosecutors off his case

OKLAHOMA CITY (AP) -- Federal building bombing co-conspirator Terry Nichols asked the Oklahoma Supreme Court on Monday to keep Oklahoma County prosecutors from trying his case.

A hearing on the request is set for Jan. 31.

A judge in October removed Oklahoma County District Attorney Bob Macy and all his assistants from Nichols' prosecution. The state Court of Criminal Appeals in December reinstated the assistants.

Nichols on Friday asked the Supreme Court to intervene.

"Unless this court enforces its ethical rules by granting this writ, a strong likelihood exists that a lengthy, expensive, highly publicized trial will be conducted by prosecutors who are ethically unfit," defense attorneys complained.

Nichols, 45, could be sentenced to death if he is convicted in his state murder case. He is serving a life sentence on his federal conviction for the bombing conspiracy.

His friend, Timothy McVeigh, was convicted on federal murder, conspiracy and weapons counts and was sentenced to death. He is awaiting execution in a federal prison in Indiana.

Oklahoma Attorney General Drew Edmondson would have to select new prosecutors if Macy's assistants are removed.