Fbi Admits Bomb Search Affidavit Misleading Lawyers For Nichols, Mcveigh Want Evidence Thrown Out

The FBI used an affidavit that contained misleading information when asking permission to search the garage of Oklahoma City bombing suspect Terry Nichols, two agents testified Saturday.

The testimony came at the conclusion of a four-day evidence suppression hearing in U.S. District Court. Lawyers for Nichols and co-defendant Timothy McVeigh are asking a judge to throw out evidence found in a search of Nichols’ garage.

Among the items found were plastic barrels that the FBI believes are the same type used in the bombing, and a dismantled fuel meter.

An affidavit by FBI agent R. Scott Crabtree said Nichols told agents after his arrest he had a fuel meter in his garage. In making an ammonium nitrate bomb like the one that destroyed the federal building in Oklahoma City, a fuel meter is used to regulate how much diesel fuel is added, authorities have said.

Nichols and co-defendant Timothy McVeigh are charged with murder and conspiracy in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building, which killed 168 people and injured more than 500. It was the worst act of terrorism on U.S. soil. If convicted, they could face the death penalty.

Defense attorneys have said that Crabtree’s affidavit omitted Nichols’ comment that the meter in his garage didn’t work. When it was found, the meter was in several pieces.

Agents William Seck and Randall Wolverton testified they used part of Crabtree’s affidavit to request permission to search Nichols’ home in Herington, Kan., two days after the bombing.

The judge who issued the search warrant used the affidavit to determine whether probable cause existed for the search.

Defense lawyers contend approval for the search was based on erroneous information, so any evidence found in a search of Nichols’ home or in subsequent searches should be thrown out.

Prosecutors contended Saturday the FBI more than met legal requirements in obtaining both search warrants and consent from the Nicholses to search their home.

“This is beyond dotting the I’s and crossing the T’s of the word,” said prosecutor Scott Mendeloff. “It’s like underlining the word.”

Nichols’ attorney Michael Tigar also said evidence should be thrown out because Nichols’ rights were violated and his confused wife, Marife Nichols, was pressured to allow searches of their home.

Tigar argued that authorities continued to question Nichols after he refused to sign a waiver of his Miranda rights, and waited seven hours to notify him a warrant had been issued to hold him as a material witness.

During testimony Friday, Mrs. Nichols said she did not entirely understand the search consent forms she signed. “I said, ‘OK, I want to cooperate,’ hoping they will allow me to leave after that.” Nichols’ lawyers said she was in FBI custody for the next 37 days.

Mendeloff argued Saturday that Mrs. Nichols, 23, a Philippines native whom Nichols married six years ago after a mail-order courtship, was never held against her will.