OPENING STATEMENTS
April 24, 1997

In an heavily guarded courthouse in Denver, Colorado, the trial of Oklahoma City bombing suspect Timothy McVeigh began. Following a background report by Betty Ann Bowser, Jim Lehrer discusses the day's events with Patrick Cole of Time Magazine.

 

Online Special: The Oklahoma City Bombing April 19, 2000: A memorial to victims of the Oklahoma City bombing is dedicated. June 13, 1997: A Denver jury sentenced Timothy McVeigh to death for the 1995 bombing. June 11, 1997: The parents of Timothy McVeigh plead for their son's life. June 6, 1997: McVeigh's lawyers attempt to spare him from the death penalty June 4, 1997: Should McVeigh receive the death penalty for his role in the Oklahoma City bombing? June 2, 1997: Timothy McVeigh has been found guilty on all counts. April 19, 1996: Remembering the Oklahoma City bombing, one year later. Browse the NewsHour's coverage of law.   The Oklahoma City National Memorial Foundation An Oklahoma City bombing personal page Oklahoma Bombing Investigation Committee Evidence in the Oklahoma City bombing.	JIM LEHRER: Now, more on today's opening day from Patrick Cole of Time Magazine. He's been covering this story since the bombing two years ago. Patrick, thank you for being with us tonight. PATRICK COLE, Time Magazine: It's a pleasure. JIM LEHRER: Any surprises today, right off the top? PATRICK COLE: Well, I think in Joe Hartzler's opening statement we learned a couple of things about the evidence that we didn't know before. One was about a file that Tim had written and given to his sister called ATF Read, and in it he had some expletives against the ATF, where he expressed his angst. JIM LEHRER: Alcohol & Tobacco & Firearms division of the U.S. government, right? PATRICK COLE: That's correct, yes. And there was--it was a file that he had prepared with some anti-government statements about his displeasure, the displeasure that he felt against the ATF. Also, Hartzler mentioned that as part of the evidence they were going to prove that Terry Nichols drove to Oklahoma City on the--three days before the bombing, on April 16th, and had known that there had been a great deal of security video that had been confiscated all over Kansas and Oklahoma, where the lighter truck might have traveled, but he mentioned that they had captured what they believed to be a glimpse of Terry Nichols' truck in Oklahoma City on April 16th. This was the date that Timothy McVeigh allegedly drove his getaway car to Oklahoma City and then had Terry Nichols pick him up and take him back to Junction City, Kansas. JIM LEHRER: And, of course, Nichols is the co-defendant in this case. He's going to be tried separately, after McVeigh. PATRICK COLE: That's correct. JIM LEHRER: But neither one of these pieces of information were known before today, is that right? PATRICK COLE: I don't believe so, not by many of us in the press. We weren't aware of this, but we--it doesn't come as a big surprise because the government had confiscated about 400 hours of security video at every McDonald's, every ATM outlet, anyplace where the truck might have traveled, and it is clear that they confiscated a lot of Timothy McVeigh's letters to his sister, letters to the editors, personal letters that he had written to friends. They're trying to document in a very detailed way what was his state of mind, what kind of angst and feelings did he have against the government and particularly the Bureau of Alcohol, Tobacco & Firearms.
	Putting McVeigh and Nichols together
	JIM LEHRER: And the second part of what you're saying that Hartzler said today puts McVeigh and Nichols together at the right time, is that right? PATRICK COLE: It does, but Hartzler did emphasize that Terry Nichols is not on trial here, but the--I think the evidence will show them working in concert as the trial goes along. JIM LEHRER: Now, the defense position has been McVeigh's the wrong man, and they continued that in their opening statements today, correct? PATRICK COLE: Yes, that's correct. I think that when Stephen Jones opened his statement he said that the government did not get the right guy and we all don't know all of the pieces of the puzzle. So that's going to be his major contention here. JIM LEHRER: Where is that--had you heard about this short, stocky, olive-skinned man who was seen getting out of the truck that Jones mentioned in his opening statement today? Is that a new development, or did we know about that about before? Did you know about that before? PATRICK COLE: Oh, yes, absolutely. This is believed to be John Doe No. 2. And, you know, interestingly enough, even the government has witnesses that they did not present even at the Dreamland Motel that described this man with--who was-- JIM LEHRER: Dreamland--tell us about the Dreamland Motel. PATRICK COLE: Yes. The Dreamland Motel was the place where Timothy McVeigh and possibly this John Doe 2 stayed on April--it was believed to be April 12th through the--the 17th or 18th, right before--this is the last place Timothy McVeigh was before the--before the bombing took place on April 19th. And at that place several people, William McGowan, the owner of the Dreamland Motel, and some other employees did see this burly man wearing a baseball cap, olive complexion, looking Mediterranean, Hispanic are the descriptions that we've seen in FBI witness statements. JIM LEHRER: But now the government's taking the position this guy didn't exist, right? PATRICK COLE: Yes. And, you know, if you were prosecuting this case, you can understand what they're doing. They're trying to focus everything on Timothy McVeigh. They don't want to focus on another person because it then suggests that maybe there was somebody else. And this is exactly what Stephen Jones is going to contend.
	The prosecution's case
	JIM LEHRER: Now, the prosecution is going to open its case, in fact, maybe even today, later today, with witnesses, survivors, and rescue workers, is that right? PATRICK COLE: That's correct. That's our understanding. JIM LEHRER: Now what's the point of that? PATRICK COLE: I think the point of this is to--is to humanize, to put a human face on this trial. I mean, after all, 168 people were killed, and when the country learned of this news, it was a horrible, terrible human story, so what they want to do is to--is to make the jury understand that, you know, this is a trial about death and destruction. And the best way to make that point is to put those people who were involved in this tragedy on the stand and to recount in graphic detail a lot of what happened. And a lot of this is not going to be pleasant to hear. JIM LEHRER: Yeah. And do that before you start with the forensic evidence and ATM photographs and all that other stuff that will come later? PATRICK COLE: Exactly. That's right. JIM LEHRER: On emotional--on an emotional high in a way. PATRICK COLE: That's right. I think they want to drive home exactly, you know, what happened to these people, and then they're going to lay out exactly how it happened, everything from eyewitness testimony to physical evidence, the forensic evidence. So they're going to lay it out in a very logical, systematic way so that the jury can understand it. JIM LEHRER: Were there any further indications today about the judge and how he's going to handle this case? PATRICK COLE: Well, I think, you know, Judge Matsch is--I mean, his slogan is that he might be, you know, the toughest judge, the toughest judge in the federal judiciary. He's trying to keep a tight clamp on media contact and access to the jurors. The security is some of the most--some of the most severe that I have seen at any federal courthouse. I think he wants to control this case, run it in an orderly way. He doesn't want it to be prejudice or tainted by any media reports or leaks. The gag order is still in effect on the attorneys, so they cannot make any statements on the record, off the record to the press, so I think he wants to, you know, administer justice with no outside interference. That's the key here. JIM LEHRER: What was it like in the courtroom today? PATRICK COLE: In the courtroom in the beginning it was a very somber mood. I mean, after all, people have been waiting for two years to hear what the government has from their own lips, you know, what they have against Timothy McVeigh. So in the very--in the very beginning it was very somber, very hushed. When Timothy McVeigh walked in, he was smiling, but you could see that his face was flustered. He was a little bit nervous, maybe some nervous energy going on there. And then once he sat down and Joe Hartzler began--began his opening statement, Timothy McVeigh, you know, just sat there in, in almost in shock in a very pensive, contemplative mood. He put his--he put his index finger on his temple and just sat there without even moving and listening to all this evidence. You know, it must have been, you know, very, very, you know, discouraging, frightening in a way to hear for the first time this man talk about the evidence that has been assembled against him. JIM LEHRER: All right. Patrick Cole, thank you very much. PATRICK COLE: You're welcome.

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