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Does death penalty wait for Nichols?By Associated Press,© St. Petersburg Times published May 4, 2003 OKLAHOMA CITY - More than eight years after the Oklahoma City bombing, prosecutors hope to persuade a judge to put jailed conspirator Terry Nichols on trial for 160 state murder charges that could bring the death penalty. Nichols, 48, is already in federal prison serving life without parole, but prosecutors want a state conviction in hopes of sending him to the death chamber. They want to eliminate the possibility that he could ever successfully appeal his federal case and gain freedom. A judge has already ruled that double-jeopardy protections do not apply in the case. The preliminary hearing begins Monday to determine whether there is enough evidence to bring Nichols to trial. The hearing could be complicated by revelations, first reported by the Associated Press, that the Justice Department received a letter before the 2001 execution of Oklahoma City bomber Timothy McVeigh suggesting a key prosecution witness against McVeigh had given false testimony. Justice officials have said they don't believe making the letter available would have affected the outcome of McVeigh's trial. Authorities say the April 19, 1995, bombing was a twisted plot to avenge the FBI siege at Waco, Texas, exactly two years earlier. McVeigh and Nichols worked side by side preparing the 4,000-pound fuel-and-fertilizer bomb that destroyed the Alfred P. Murrah Federal Building, killing 168 people. Nichols was convicted of conspiracy and involuntary manslaughter charges for the deaths of eight federal law enforcement officers in the bombing. The state charges involve victims who were not part of the federal prosecution. Diane Leonard, whose husband died in the bombing, said she thinks the $2.5-million in public funds paid to Nichols' defense team has been a good investment. "Our state needs to send a message that terrorism will not be tolerated here," Leonard said. Others, including Bud Welch, whose 23-year-old daughter was killed, don't favor further prosecution of Nichols. "Revenge and hate will destroy you," he said. "I know. I've been there."  © 2006 • All Rights Reserved • St. Petersburg Times
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