Edmondson asks judge to reinstate Macy's assistants to case

OKLAHOMA CITY (AP) -- Attorney General Drew Edmondson on Monday asked that the Oklahoma Court of Criminal Appeals reinstate the assistants of a prosecutor who was barred from trying federal building bombing co-conspirator Terry Nichols.

District Judge Ray Dean Linder in October banned Oklahoma County District Attorney Bob Macy and his entire office from prosecuting Nichols on 160 murder counts and other charges in the April 19, 1995, explosion of the Alfred P. Murrah Federal Building.

Linder, of Alva, had said Macy was involved too closely in the case, and had made statements in violation of ethical rules against pretrial publicity.

Macy is appealing Linder's decision, but Edmondson had taken the middle ground in the dispute. In his argument, Edmondson said there are "no ethical concerns" about Macy's assistants.

"Appointing a new prosecutor at this late date will undoubtedly cause serious delay and unnecessary expense, perhaps even thwarting the efforts to go forward with the prosecution," he warned in a 17-page legal brief.

Edmondson was allowed a voice in the appeal because he must pick a replacement if the ban is upheld.

Nichols' attorneys, however, countered that "Macy's assistants follow his lead and mimic his actions in this case."

The defense attorneys praised Linder for seeing that Nichols is not tried "by prosecutors who may be blinded by their personal loyalty to a superior."

The dispute over prosecutors has put Nichols' case in limbo. The 45-year-old was convicted at a federal trial of the conspiracy to bomb the Murrah Building and of eight counts of involuntary manslaughter. He was sentenced in 1998 to life in prison.

Edmondson told the Oklahoma Court of Criminal Appeals it twice before had overturned the disqualification of a district attorney's entire office.

Edmondson suggested the appeals court could reinstate Macy's assistants and require them "to establish screening procedures ...

to avoid any involvement of the infected prosecutor."