Bombing Judge Won’t Step Aside But Mcveigh’s Attorney More Concerned With Getting Trial Moved Out Of Oklahoma

In a blow to both the prosecution and defense, a federal judge tossed aside mounting pressure and refused to step down Thursday in the trial of Oklahoma City bombing suspects Timothy J. McVeigh and Terry L. Nichols.

U.S. District Judge Wayne E. Alley also ordered the trial to begin May 17 at the federal courthouse in Lawton, Okla. - a decision bound to please federal prosecutors who want to keep it in Oklahoma, but one the defense found deeply disturbing.

Alley, a former Army brigadier general who was appointed to the federal court 10 years ago by President Reagan, dismissed allegations from defense attorneys and government lawyers that he and the other seven federal judges here had a conflict of interest.

In an unusual stand of solidarity, the defense and prosecution cited the heavy damage that the bombing of the Alfred P. Murrah Federal Building caused to the U.S. District Courthouse across the street, as well as the fact that many of the federal workers killed in the explosion were friends and relatives of courthouse employees.

But, said Alley, “I have no knowledge of facts disputed in this case. And I do not harbor and have never exhibited bias or prejudice against” McVeigh or Nichols.

He said he was “unaware” of any funerals that members of his staff may have attended after the deaths of 169 people in the April 19 blast. He said the injury to one of his staffers “did not require any medical treatment.” And he said he had “no personal or collegial relationship with any of those individuals killed in the Murrah building bombing.”

Although Alley’s conclusions about himself demonstrate the wide latitude of federal judges, defense attorneys nonetheless were stunned at his findings.

Nichols’ attorney said he will file a prompt appeal with the 10th Circuit in Denver asking that Alley be replaced and a change of venue be granted that precludes the trial from anywhere in Oklahoma.

“I want this case tried once and tried fairly and tried in a fair forum,” said Michael Tigar, the Austin, Texas, attorney who is representing Nichols. “That is what will result in the vindication of Terry Nichols.”

Stephen Jones, an Enid, Okla., attorney who represents McVeigh, said he will weigh whether it is prudent to challenge Alley’s decision to stay on the case. Right now, he said, he is more concerned about the change-of-venue issue, and he is worried that if the trial is held in Oklahoma, it could become nothing more then a show of local “boosterism” against his client.

Jones said a trial in Oklahoma could be attacked later by outside observers who might see it as a legal vendetta against the defendants. He said an Oklahoma trial could, as has happened with allegations of federal law enforcement misconduct in the Ruby Ridge, Idaho, and Waco, Texas, incidents, lead to similar concerns here.

“We do not want Congressional hearings about this trial,” Jones said. “We do not want an Oklahoma City-type incident in retaliation for this trial. What we want is an acceptance of the verdict of the real jury - the American people.”

“This is not,” he added, “a case about Oklahoma pride.”

MEMO: This sidebar appeared with the story: Lawton, Okla. COUNTY: Comanche. POPULATION: In 1990 census, 80,561 in the city, 111,486 in the county. Racially, 70.78 percent white, 19.33 percent black, 3.33 percent American Indian, 6.56 percent other races. LOCATION: The state’s thirdlargest city, Lawton is about 90 miles southwest of the state capital, Oklahoma City, and 210 miles southwest of Tulsa. It is 190 miles north of Dallas and about 50 miles north of Wichita Falls, Texas. TRANSPORTATION: Lawton is located on Interstate 44 and has a municipal airport served by American Eagle and Atlantic Southeast Airlines. MEDIA: Lawton has one daily and one weekly newspaper and seven radio and three TV stations. MAJOR EMPLOYERS: The largest employer is the Fort Sill Army base, which employs about 3,000 civilians. Goodyear Tire & Rubber Co. is the second-largest, with 2,350 people. Associated Press