Divided jury spares Nichols from death sentence

Forewoman: Not convinced he was 'greatly involved' in blast

In this story:

• Forewoman: FBI 'arrogant'
• In state court, Nichols could still face execution
• Deutchman: Some not convinced Nichols built bomb
• No reaction from Nichols

January 7, 1998
Web posted at: 8:03 p.m. EST (0103 GMT)

DENVER (CNN) -- Oklahoma City bombing conspirator Terry Nichols escaped a death sentence Wednesday, when a badly divided panel of jurors was unable to agree on a unanimous decision in the penalty phase of his trial.

"The government was not able to prove to us satisfactorily that Terry Nichols was greatly involved in this process, only that he was somewhat involved," jury forewoman Niki Deutchman told a news conference after jurors were dismissed.

Deutchman, the only juror to speak immediately after the trial ended, criticized the government's investigation into the April 19, 1995, bombing of the Oklahoma City federal building that killed 168 people and injured more than 500.

"There were a lot of things about the evidence that seemed to be sloppy," she said. In particular, she questioned the FBI's decision to take notes, rather than tape record, key interviews in the case, including a nine-hour interview with Nichols. Those notes were then submitted to the jury.

Forewoman: FBI 'arrogant'

Deutchman
Jury Forewoman Nike Deutchman comments on the trial The government 431K/20 sec. AIFF format 431K/20 sec. WAV format "... a decision on Timothy McVeigh" 319K/14 sec. AIFF format 319K/14 sec. WAV format
VXtreme Video News conference by jury forewoman Niki Deutchman

"It seems arrogant to me, on the part of the FBI, to say, 'You know, we have good recall, and you can take what we have said,'" Deutchman said, adding that the trial experience led her to "understand how someone would be unhappy with the government."

Family members of victims and survivors of the blast reacted angrily to the lack of a decision on a penalty -- and Deutchman's negative comments about the government's case.

"I think that the jury was very anti-government ... that they were mad at the government when they went in there and didn't go in there with an open mind and evidently didn't listen to evidence," said Roy Sells, whose wife died in the explosion.

"The jury failed us," said Darlene Welch, whose niece died in the attack.

The anti-government sentiments of Nichols and his co-conspirator, Timothy McVeigh, are what prosecutors allege motivated the attack in Oklahoma City.

While saying nothing justified the bombing and massive loss of life, Deutchman said the "government's attitude -- and the FBI is definitely included in that -- is part of where all of this comes from in the first place."

"There are a fair number of people out there who are pretty unhappy with the government and feel unsafe and very suspicious," Deutchman said. "I think maybe it's time for the government to be more respectful and to be more aware of each of us as people with inalienable rights ... and not with the attitude of 'We know, and you don't. We have the power, and you don't.'"

Reaction of victims' families Roy Sells' wife was killed in the bombing 494K/22 sec. AIFF format 494K/22 sec. WAV format Dawn DeArmon's mother was killed in the bombing 456K/21 sec. AIFF format 456K/21 sec. WAV format

Those comments drew a strong reaction from Dawn DeArmon, whose mother died in the blast. She said that while many people may have been unhappy with the government from time to time, "that gives no one the right to kill or blow up a building -- no right."

In state court, Nichols could still face execution

Instead of the death penalty, the jury also could have recommended a sentence of life without parole. But in either case, the decision had to be unanimous.

Because jurors were unable to agree on a sentence, the task falls to U.S. District Judge Richard Matsch, who may not make a decision for several months.

He could hand down a sentence of life in prison, but will not have the option of imposing the death penalty. Under federal law, only a jury has that power. Matsch set a February 9 deadline for attorneys to file the first motions in the sentencing process.

Nichols could still face execution. Oklahoma City prosecutors reiterated Wednesday that they intend to try both Nichols and McVeigh on state murder charges, which could carry the death penalty. McVeigh already has been convicted in federal court for his role in the bombing, and was given a death sentence.

In their federal trials, Nichols and McVeigh only faced charges in connection with the deaths of eight law enforcement officers. State prosecutors can charge them with murder for the deaths of the other 160 victims without violating constitutional prohibitions on trying people twice for the same crime, so-called "double jeopardy."

"I just want to be a safety net to make sure this thing ends up with justice being done for everyone," said Oklahoma County District Attorney Bob Macy.

"In this case, there is a feeling of emptiness and inadequacy," Oklahoma Gov. Frank Keating said. "This process is not over, so we are all going to have to steel ourselves for more months to come of court proceedings. Only then can we sleep soundly."

Deutchman: Some not convinced Nichols built bomb

During the first phase of Nichols' trial, the jury found him guilty of being part of the conspiracy with McVeigh to build the bomb that blew up the Alfred P. Murrah federal building.

Jurors also convicted Nichols on December 23 of eight counts of involuntary manslaughter. He was acquitted of first-degree murder and use of a truck bomb in the deadliest terrorist act ever on U.S. soil.

Explaining the verdict, Deutchman said that while jurors thought there was enough evidence to prove that Nichols participated in the conspiracy, some of them were not convinced he actually helped build the bomb or knew when McVeigh intended to use it.

She said some jurors -- "not many" -- also thought McVeigh had coerced Nichols into participating in the plot. She indicated that some jurors felt the government didn't do enough to pursue other possible suspects in the trial.

"If there were people who were actively involved in this horrible crime, then it's an obligation to find them and to bring them into the justice system," she said. "I doubt that two people -- even if Terry Nichols was deeply involved -- would be enough to carry it off."

Defense attorney Michael Tigar reacts to the decision 271K/25 sec. AIFF format 271K/25 sec. WAV format Prosecutor Larry Mackey is disappointed by the jury's decision 423K/37 sec. AIFF format 423K/37 sec. WAV format

Deutchman also said that after their initial verdict, many jurors were surprised that there was even a penalty phase to consider a death sentence.

She described the atmosphere during the 13 hours of deliberations over two days as "tense" and indicated there may be some residual hard feelings among jurors.

"I think there were a lot of very strong feelings, and a feeling of frustration that we weren't at a place where we were unanimous," she said.

"The differences of opinion were very strong," Deutchman said. "The sentencing phase obviously was excruciating. It was agonizing."

No reaction from Nichols

Matsch

One of the jurors wept in court as Matsch discharged them. Nichols, 42, showed no emotion. Some members of his family smiled, and his sister, Suzanne McDonnell, said she was greatly relieved.

"The judge has given everyone a valuable object lesson on how the system works," said lead defense attorney Michael Tigar. "On behalf of the Nichols family, we thank everybody."

Prosecutor Larry Mackey predicted that the survivors of the bombing and the families of victims would be "disappointed" by Wednesday's developments.

"We, of course, regret that the jury was unable to reach an unanimous decision. But we understand how difficult those deliberations must have been, and we are grateful [for] their service," Mackey said. "It falls to us now to proceed forward to press with [Matsch] for the most appropriate sentence."

Correspondents Tony Clark and Susan Candiotti and Reuters contributed to this report.

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