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Spokane, Washington  Est. May 19, 1883

Jury Finds Mcveigh Guilty Second Trial To Determine Whether Ex-Soldier Should Die For 168 Deaths

Richard A. Serrano Los Angeles Times

Timothy J. McVeigh was found guilty Monday of the worst mass murder in American history, setting up a second trial in which jurors will decide whether the 29-year-old former Army hero should die for bombing the Oklahoma City federal building two years ago.

At 1:34 p.m., U.S. District Judge Richard P. Matsch read the verdict to a hushed and crowded second-floor courtroom in downtown Denver: guilty on each of the 11 counts of the indictment.

McVeigh sat with his hands on his chin, his eyes zeroing in on the judge, while some 50 victims, survivors and family members cried quietly in the back rows.

Outside, about 500 people converged in front of the federal courthouse, breaking into raucous cheers and applause as news of the conviction swept through the crowd.

Joseph H. Hartzler, the chief prosecutor, wiped away a tear as he left the courtroom. Then he and his team of government lawyers moved outside and through the crowd, flashing smiles and thumb-ups of victory as they made their way to a small Catholic church a block away where another 100 victims were gathered in the parish hall.

“We thank the victims for their patience and dignity throughout this whole ordeal,” Hartzler said.

“We are obviously very pleased with the result. We always had confidence in our evidence, and now everyone else will have confidence in our evidence and the verdict. We are ready to move on to the next stage.”

Stephen Jones, the lead attorney for McVeigh, cited the judge’s order against discussing the case as he walked through the crowd, his wife on his arm.

“We will be ready for the second stage in the morning,” Jones said. He congratulated Hartzler and Pat Ryan, the U.S. attorney in Oklahoma City, “and the FBI agents who were responsible for the investigation and the prosecution of this case, and for their work on behalf of the United States and their presentation in court.

“We have visited with Mr. McVeigh,” he added. “We will be working with him tonight and tomorrow for the preparation of the second stage.”

That second step promises to be highly contested and emotional, with the prosecution’s witnesses to include doctors who have treated children who were permanently disabled by the blast.

Defense attorneys will call the brother of co-defendant Terry Nichols, and McVeigh himself may or may not testify before jurors decide if he should die by lethal injection in a federal execution chamber in Terre Haute, Ind., or whether he should be sentenced to life in prison. Testimony is to begin Wednesday.

Demanding death

After Monday’s verdict, victims and their family members pushed their way out of the courtroom, gathering in hallways and in the courthouse lobby to hug, cry and express in one voice how they believe McVeigh should be punished - by death.

Justice was theirs, more than two years after the April 19, 1995, explosion tore off the front of the Alfred P. Murrah Federal Building in downtown Oklahoma City, killing 168 people and injuring another 500.

Jannie Coverdale, who lost two young grandsons in the Murrah building day care center, sat through almost every proceeding of the five-week trial, which was moved here when Matsch ruled that Oklahomans could not set aside their biases and treat McVeigh fairly.

“I’m glad he was convicted,” she said. “But I feel sorry for him because he had so much to offer the country and he did something so bad. I wish this hadn’t happened.

“And in the courtroom, when they said he was guilty on all the charges, it felt like Aaron and Elijah were there, my grandchildren.”

Then, holding her head high, speaking without a trace of arrogance or hate, she said:

“I want him to get the death penalty. I’m not asking for this out of revenge. But I think it is necessary because I haven’t seen any remorse from Timothy McVeigh and I believe that if he is ever allowed to walk the streets again, that he will murder someone else. And I don’t want to see anyone ever hurt the way we were hurt.”

Moving to next phase

The jury of seven men and five women deliberated for 23 hours over four days, beginning Friday morning. As Matsch read their verdict, reciting the word “guilty” 11 times for each one of the 11 separate counts in the federal indictment, two women jurors clutched tissues and fought to hold back tears.

Matsch then gave them today off and sent them home. Lawyers for both sides are to be back in court today for a hearing to determine how much latitude each side will have in presenting evidence during the penalty phase.

Among those on the government’s witness list are victims, rescue workers and doctors. The witnesses include Michelle Kirby, the therapist for Brandon Denny, a young child seriously brain damaged in the blast, and Dr. Morris Gessouroun, the physician for another severely injured child, P.J. Allen.

Sources on the defense team said that one argument for leniency with McVeigh will be the emotional effect on many Americans of the 1993 FBI raid on the Branch Davidian compound outside Waco, Texas - an event that McVeigh’s friends and acquaintances say seared his hatred for the federal government.

Among the witnesses on the defense list is James Nichols of Decker, Mich., the brother of McVeigh co-defendant Terry L. Nichols. The Nichols brothers and McVeigh were together on April 19, 1993, at the Nichols farm in Decker and watched the scenes on television as the FBI siege at Waco turned into a deadly fireball that killed at least 80 people inside the Branch Davidian complex.

The defense also hopes to bring up evidence and testimony that the government had prior knowledge that the Murrah building was targeted for destruction. Defense sources also said McVeigh’s attorneys want to argue their theories that other conspirators were involved in the bombing - a position that the judge did not allow in the trial.

Defense attorneys noted that federal law generally gives broad latitude in what it allows defense lawyers to present in the penalty phase.

“Let’s deal the cards, let’s get it on,” said one source on the defense team. “McVeigh is not going to die with the push of a needle in the arm.”

The penalty phase is expected to last one to two weeks. The jury will then meet to decide McVeigh’s fate - and the judge is bound by their decision.

Eight counts of murder

Of the 11 counts against McVeigh, the first three accused him of conspiring to use a weapon of mass destruction, using the weapon, and destroying the Murrah building “by explosion.”

The remaining eight counts dealt with the deaths of eight federal law enforcement officers in the building. It is those charges that carry the possible death sentence.

After McVeigh’s trial is complete, the court will turn to the trial of co-defendant Terry L. Nichols, an army buddy of McVeigh’s. Nichols also faces capital punishment if convicted, although he is thought to have played a secondary role to McVeigh. His trial could begin as early as August.

The two men also face possible state murder charges in Oklahoma. The prosecutor’s office in Oklahoma City said this week that it will proceed with murder trials against McVeigh and Nichols regardless of the outcomes in the federal trials.

In Pendleton, N.Y., McVeigh’s home town, his father William and sister Jennifer watched news of the verdict on television. Two hours later, Lou Michel, a family friend and reporter for The Buffalo News, stepped outside and read a short statement from the family.

“Even though the jury has found Tim guilty, we still love him very much and intend to stand by him no matter what happens …,” the statement said. “We would like to ask everyone to pray for Tim in this difficult time.”

MEMO: This sidebar appeared with the story: WHAT’S NEXT IN THE TRIAL? Penalty phase: Jurors begin hearing evidence Wednesday. Prosecutors expected to call victims’ relatives and survivors. Defense will call McVeigh’s relatives, possibly McVeigh. Sentencing: McVeigh faces death by injection, life without parole or lesser sentence determined by the judge. Death penalty: Execution date may be set no sooner that 60 days after sentencing. Would take place at the U.S. Penitentiary at Terre Haute, Ind. Appeals: Defense has said it will appeal to the 10th U.S. Circuit Court of Appeals. Terry Nichols: Faces same charges at McVeigh. The trial is expected to begin in August. State charges: Oklahoma City District Attorney Bob Macy plans to file murder charges against McVeigh and Nichols. Source: Associated Press

This sidebar appeared with the story: WHAT’S NEXT IN THE TRIAL? Penalty phase: Jurors begin hearing evidence Wednesday. Prosecutors expected to call victims’ relatives and survivors. Defense will call McVeigh’s relatives, possibly McVeigh. Sentencing: McVeigh faces death by injection, life without parole or lesser sentence determined by the judge. Death penalty: Execution date may be set no sooner that 60 days after sentencing. Would take place at the U.S. Penitentiary at Terre Haute, Ind. Appeals: Defense has said it will appeal to the 10th U.S. Circuit Court of Appeals. Terry Nichols: Faces same charges at McVeigh. The trial is expected to begin in August. State charges: Oklahoma City District Attorney Bob Macy plans to file murder charges against McVeigh and Nichols. Source: Associated Press