Date: 06-11-2004

Case Style: State of Oklahoma v. Terry Lynn Nichols

Case Number: CF-1999-1845

Judge: Steven W. Taylor

Court: District Court, Oklahoma County, Oklahoma but tried in McAlester, Oklahoma

Plaintiff's Attorney:

Assistant District Attorneys Sandra Elliott and Heather Lamon Scott

Defendant's Attorney:

Brian T. Hermanson, Ponca City, Oklahoma and Wallace Creekmore, Sapulpa, Oklahoma

Description:

Count # 1.
Count as filed: CT1 CONSPIRACY TO COMMIT A FELONY TO WIT: MURDER IN THE FIRST DEGREE OR IN THE ALTERNATIVE: (CONSPIRACY TO COMMIT A FELONY TO WIT: ARSON IN THE FIRST DEGREE 21 421 & 1401), in violation of 21 O.S. 701.7 Date of Offense: 04/19/1993

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Count # 163.
Count as filed: CT163 MURDER IN THE FIRST DEGREE OR IN THE ALTERNATIVE: (MURDER IN THE FIRST DEGREE DURING THE COMMISSION OF THE FELONY CRIME OF ARSON IN THE FIRST DEGREE 21 701.7B & 1401), in violation of 21 O.S. 701.7 Date of Offense: 04/19/1995

Terry Lynn Nichols was convicted and sentenced after having been found guilty of conspiring to use a weapon of mass destruction, 18 U.S.C. § 2332a, and eight counts of involuntary manslaughter, §§ 1114, 1112 in the United States District Court for the District of Colorado on a change of venue in United States of America v. Terry Lynn Nichols. The jury acquitted him on counts of using a weapon of mass destruction, § 2332a, destruction by explosives, § 844(f), and eight counts each of first- and second-degree murder, §§ 1114, 1111. The trial court sentenced Mr. Nichols to life imprisonment on the conspiracy count and six years on each of the manslaughter counts, all terms to run concurrently. The court also ordered Mr. Nichols to pay $14.5 million in restitution. After consideration of the issues, we see no error in the actions of the district court and affirm its judgment.

The State of Oklahoma charged Nichols with 163 counts of first degree murder on the basis that the federal criminal convictions only involved federal officers killed in the Alfred P. Murrah Federal Building in Oklahoma City because it is not a federal crime to kill a civilian on federal property.

Outcome: The jury found Nichols guilty on all counts but could not come to a unamimous decision on the death penalty charge. Judge Taylor will, therefore, decide whether Nichols will be sentenced to life in prision with the possibility of parole or without.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's Note: This case once again demonstrates that the death penalty is an arbitrary and capricious punishment and should, in the editor's opinion, be abolished.

It is likely that Nichols will be returned to federal custody where he will live out the rest of his days in solitary confinement in a maximum security prison in Colorado.