Court cites expediency in denying Macy supporters

Monday, December 4th 2000, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ The Oklahoma Court of Criminal Appeals turned down a request from organizations asking to argue against Oklahoma County District Attorney Bob Macy's removal from the Oklahoma City bombing case.

The Oklahoma Press Association and FOI Oklahoma Inc. filed a friend of the court brief last week, which the judges have denied.

``This court appreciates the interest and concern of these groups,'' the judges said in their ruling. ``However, in order to expedite the proceedings in this matter, their motions are denied.''

Macy is appealing a judge's decision to remove him and his assistants from the prosecution of Terry Nichols in a state murder case.

District Judge Ray Linder disqualified Macy and his entire staff from prosecuting the case, citing comments made by Macy to reporters while he was under a gag order.

The judge called Macy's actions ``a blatant violation of the rules of professional conduct'' that could prevent Nichols from receiving a fair trial on state charges. Linder, in his Oct. 16 ruling, said Macy was too emotionally involved in the case to be a fair prosecutor.

The two organizations say Macy should not be sanctioned for exercising his rights to freedom of speech.

Nichols was sentenced to life in prison on involuntary manslaughter and conspiracy counts in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. The manslaughter counts were for the eight federal agents killed in the explosion.

Macy charged him with 160 counts of first-degree murder and other counts pertaining to others who were killed.

Nichols' co-conspirator, Timothy McVeigh, was convicted of eight counts of first-degree murder, as well as conspiracy and weapons charges. A jury recommended death for McVeigh and a federal judge concurred. He awaits execution in a federal prison in Indiana.