Gag order sought by Nichols' attorney

Monday, January 31st 2000, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) -- Citing "unethical comments" to the media from prosecutors, the attorney for convicted Oklahoma City bombing co-conspirator Terry Nichols has requested a gag order. In a written note to Judge Bryan Dixon, Brian Hermanson said Oklahoma County District Attorney Bob Macy has attempted to manipulate the media and fuel hostility against the defendant and his lawyers.

Nichols, 44, faces a state trial after being convicted in federal court of plotting the bombing of the Alfred P. Murrah Federal Building. The bombing resulted in 168 deaths. Nichols was returned to Oklahoma early today from a federal prison in Colorado. He is being held in the Oklahoma County Jail in a cell by himself on an upper floor of the jail.

Macy persuaded the U.S. Justice Department that Nichols could be held safely in the county jail. Macy told The Daily Oklahoman that he agreed with having a gag order and had already suggested one to the defense. "We want a gag order," said Macy. "We need to try it in the courtroom, not in the paper."

Hermanson's letter was the latest volley between his office and prosecutors. Macy previously criticized Hermanson in a letter filed in the case. The Oklahoma County DA wants to make copies of FBI files for Nichols because he said a defense aide would have taken months to finish.

Hermanson said that would be "unacceptable." Dixon rules on payment of defense expenses and has been informed of the controversy between Nichols' defense team and prosecutors. Hermanson reportedly was also upset about Macy's comments about a poll published in The Oklahoman that indicated Oklahomans are opposed to a state trial for Nichols. "I'm much more concerned with the feelings of the families of the victims and they have made it clear to me they want another trial," said Macy. Payne County Associate District Judge Robert M. Murphy Jr. could hear the disputes over the public comments and the copying of the FBI files.