Oklahoma City bombing defendants to be tried separately

Defendant's attorney welcomes decision

DENVER (CNN) -- A federal judge on Friday ordered separate trials for Oklahoma City bombing defendants Timothy McVeigh and Terry Nichols, saying it was the only way to provide a fair trial for the two suspects.

U.S. District Judge Richard Matsch said McVeigh would be tried first. He did not set trial dates.

"Each defendant is entitled to a jury's separate and independent evaluation of the evidence received against him in any trial, regardless of the number of other persons alleged to have participated in the crimes charged," the judge wrote.

The ruling followed a three-day hearing in September on defense motions to separate the cases.

Both defendants had urged the judge to grant separate trials because, they said, their defenses would be based in part on placing the blame on the other. Prosecutors had opposed the defense motion, saying that trying the two men together would provide a jury with a full picture of the crime.

McVeigh's attorney Stephen Jones, in a news conference, praised the decision. "We now have the stage set for a fair trial," he said. (11 sec./120K AIFF or WAV sound)

Jones said he did not know when McVeigh would go to trial but said the defense could be ready in March or April, pending the resolution of pre-trial legal issues. (19 sec./407K AIFF or WAV sound)

He added that the decision marked the fourth major objective that McVeigh sought. The other three were the removal from the case of a federal judge in Oklahoma, moving the trial to Denver and a decision that statements Nichols made to authorities two days after the bombing could not be used against McVeigh.

Assistant U.S. Attorney Larry Mackey described the prosecution's reaction to the decision to have separate trials.

"Terry Nichols' statement, according to the court, implicated his co-defendant. It's a basic rule of law that the statement of one defendant cannot be used against the other," Mackey said.

Mackey also maintained that the government's primary concern in pursuing a single trial for both defendants had always been taking stress off of the families of the bombing victims.

"We expect some measure of disappointment on behalf of the victims," Mackey said of the ruling. "But I will tell you that after 18 months, we can also expect a great amount of dignity and patience and respect from the victims with today's ruling."

Matsch in supporting his decision singled out the statements made by Nichols as a reason for the need to have separate trials.

"There can be no effective separation of Terry Nichols' explanations for his conduct from what he reportedly said Timothy McVeigh told him," he wrote in his 20-page decision.

McVeigh and Nichols could face the death penalty if convicted of conspiracy and murder charges in the bombing of the Oklahoma City federal building, which killed 168 people and injured more than 500.

There was opposition to the judge's decision. Jannie Coverdale, who lost two grandsons in the blast, said she was upset.

"We can't afford two trials," she said. "That's going to put a hardship financially and emotionally on the family members and survivors."

The Associated Press and Reuters contributed to this report.  

Related stories:

• Oklahoma City bomb victims want one trial - October 5, 1996
• Oklahoma bombing defense gets Fortier testimony - October 4, 1996
• Oklahoma bombing defense lawyers say separate trials fairer - October 3, 1996
• CNN - Oklahoma City Tragedy

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