Defense attorneys want DA taken off case

Wednesday, April 26th 2000, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) -- Attorneys for bombing conspirator Terry Nichols say Oklahoma County prosecutor Bob Macy should be taken off the state bombing case because he has an "emotional and personal stake in this case."

Nichols, 45, was convicted during a federal trial of conspiring to bomb the Alfred P. Murrah Federal Building in April 1995. He faces a state murder trial in Oklahoma County District Court.

In a complaint filed Tuesday with Payne County Associate District Judge Robert M. Murphy Jr., who was assigned to the case, defense attorneys complain that Macy was friends with bombing victims, has offices close to the attack and was directly involved in the rescue and recovery efforts.

"Mr. Macy's intense desire to see Terry Nichols die renders him incapable of acting as the 'minister of justice' demanded by the Oklahoma Rules of Professional Conduct and the U.S. Constitution," attorneys said.

Macy said he is very comfortable with his role in the case and should not be forced to step down.

Nichols' attorneys also want Macy sanctioned for allegedly violating a gag order with his comments last week to CBS News during its coverage of the dedication of the Oklahoma City National Memorial.

In the interview, Macy was asked if the death penalty was the only punishment that fits this crime.

"You should have been down there the first four or five days," Macy said. "There would be no question in your mind. ... I've sent several people to death row for killing one person. I certainly feel that death would be the appropriate punishment for killing 19 babies."

Macy said Tuesday he was careful about what he said in interviews last week and never discussed any evidence in the case.