McVeigh Gets Death Sentence

DENVER — A federal court jury Friday decided that Timothy J. McVeigh should be put to death for exploding a truck bomb that killed 168 people at the Oklahoma City federal building--an act that reversed this country’s belief in its invincibility from terrorism.

The jury determined that the 29-year-old soldier turned revolutionary should be put to death by lethal injection for his role in the bombing, which also injured more than 500 in the deadliest criminal assault in U.S. history.

With formal sentencing likely next month and with the judge bound by the jury’s recommendation, prosecutors hope that the punishment meted out after 11 hours of jury deliberations will send a strong message to other anti-government fanatics who might wish to follow in McVeigh’s footsteps.

In the courtroom, McVeigh sat stoically, as he has throughout the seven-week trial. As U.S. District Court Judge Richard P. Matsch read the jury’s verdict form, McVeigh put his hand on his chin, his elbows on the defense table, staring at the judge.

Moments later, escorted from the courtroom by four armed federal marshals, McVeigh turned briefly to his parents and sister. He craned his head over the marshals and told his family: “It’s OK.”

McVeigh also spoke privately with Jones after the verdict. “He was not surprised. He had prepared himself for it,” the lawyer said.

“Today is not a day of great joy for the prosecution team,” said lead government attorney Joseph H. Hartzler.

“We’re pleased the system worked and justice prevailed. But the verdict doesn’t diminish the great sadness that occurred in Oklahoma City two years ago. Our only hope is that the verdict will go some way to preventing such a terrible drastic crime from ever occurring again,” he said.

Stephen Jones, the chief defense attorney for McVeigh, was equally somber in his remarks:

“The jury has spoken and their verdict is entitled to respect,” he said. “And all Americans should accord it that respect until such time, if ever, it is overturned by a court of competent jurisdiction.

“We ask that the barriers and intolerance which have divided us may crumble, that suspicions disappear and that hatred cease. And that our divisions and intolerance being healed, we may live together in justice and peace.

“God save the United States of America, and God save this honorable court.”

Out in front of the downtown courthouse, a crowd of several hundred people, many of them federal workers from the government complex next door, were subdued and respectful as the team of prosecutors marched past.

Unlike June 2, when McVeigh was found guilty in the April 19, 1995, bombing, the crowd did not cheer, applaud or whistle at the prosecutors--a sign that they were respectful of the sanctity of life and the sentence of death to be imposed upon McVeigh.

Judge Matsch did not set a date for the formal sentencing of the former Army tank gunner and decorated Persian Gulf War soldier.

But he asked attorneys on both sides to return to the courtroom by July 7 to hear motions for a new trial, a routine step in what is expected to be a lengthy legal appeals process for McVeigh.

While bombing victims and the families of persons killed in the blast were united in their relief at McVeigh’s conviction, several of them reacted differently to the sentence of death.

“I feel great,” said Charles Tomlin, who lost his son, Ricky Lee Tomlin, 46. “We’re putting to death the guy who killed 168 people so he can’t enjoy anything that our people can’t enjoy either.

“That’s what needs to be done with him. He was an animal when he done it. He doesn’t deserve to live,” Tomlin said.

But Marsha Kight, whose 23-year-old daughter, Frankie Ann Merrell, was killed, walked out of the courtroom with her belief against the death penalty intact.

“There’s a lot of pain in living,” she said. “Death is pretty easy sometimes, I think. With lethal injection, you’re gone in 10 minutes.”

She added: “I am relieved that it’s over and I can go home for a while. But I don’t have any closure on this. It’s just not there.”

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The jury of seven men and five women--including a Navy veteran from the Vietnam War, a maintenance man, an elderly lady known as “Aunt Bea,” and a man with some hearing loss because he had attended more than 15 Grateful Dead concerts--began deliberating in the penalty phase of the trial shortly after noon Thursday.

When the jurors returned to Matsch’s courtroom about 3:20 p.m. Friday, the foreman handed the nine-page verdict form to the judge, who then slowly read it.

The jurors were required by law to pass judgment on a series of questions regarding aggravating and mitigating factors involving McVeigh and the bombing. On the first list of questions, they were asked for a simple yes or no response.

Their answers were sweeping in their consensus against McVeigh:

The defendant intentionally killed the victims. “Yes.”

The defendant intentionally inflicted serious bodily injury that resulted in the death of the victims. “Yes.”

The defendant intentionally participated in an act, contemplating that the life of a person would be taken . . . and the victims died as a result of that act. “Yes.”

The defendant intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death . . . and the victims died as a direct result of the act. “Yes.”

The deaths or injuries resulting in death occurred during the . . . transportation of explosives. “Yes.”

The defendant . . . created a grave risk of death. “Yes.”

The defendant committed the offense after substantial planning and premeditation to cause the death of one or more persons and to commit an act of terrorism. “Yes.”

The defendant committed the offense against one of more federal law enforcement officers. “Yes.”

The offense committed by the defendant resulted in the deaths of 168 persons. “Yes.”

The defendant caused serious physical and emotional injury, including maiming, disfigurement and permanent disability, to numerous individuals. “Yes.”

The defendant caused severe injuries and losses suffered by the victims’ families. “Yes.”

Next, the jury was asked to weigh a number of statements about McVeigh posed by defense lawyers. These statements dealt with McVeigh’s deep hatred for the government after law enforcement raids on private citizens, as well as his belief that the government was trying to set up a totalitarian state.

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In each instance, they wrote in the number of jurors who agreed with the statement.

“McVeigh believed deeply in the ideals upon which the United States was founded.” None.

“McVeigh believed that the ATF and FBI were responsible for the deaths of everyone who lost their lives at Mt. Carmel, near Waco, Tex., between Feb. 28 and April 19, 1993.” 12.

“McVeigh believed that federal law enforcement agents murdered Sammy Weaver and Vicki Weaver near Ruby Ridge, Idaho, in August 1992.” 12.

‘McVeigh believed that the increasing use of military-style force and tactics by federal law enforcement agencies against American citizens threatened an approaching police state.” 12.

McVeigh did not think federal agents were properly punished for their actions at Waco and Ruby Ridge which “added to his growing concerns regarding the existence of a police state and a loss of constitutional liberties.” 12.

“McVeigh served honorably and with great distinction in the United States Army.” 10.

On personal matters, the responses went like this:

“Timothy McVeigh is a reliable and dependable person in work and in his personal affairs and relations with others.” 0.

“Timothy McVeigh is a person who deals honestly with others in interpersonal relations.” 1.

“Timothy McVeigh is a patient and effective teacher when he is working in a supervisory role.” 12.

“Timothy McVeigh is a good and loyal friend.” 0.

“Over the course of his life, Timothy McVeigh has done good deeds for and helped others, including a number of strangers, who need assistance.” 4.

Finally, on the bottom-line question of death, life in prison with no parole, or a lesser sentence to be decided by the court, the jury was asked how “the defendant, Timothy James McVeigh, shall be sentenced.”

The foreman, in printed capital letters, wrote: “DEATH.”

In Washington, President Clinton expressed the nation’s gratitude for the jury’s service and its “grave decision.

In Denver, the U.S. Attorney from Oklahoma City, Pat Ryan--who had been appointed by Clinton--expressed his feelings about those who believe that the federal government has become too intrusive in the lives of ordinary citizens.

“I would like to tell the people in the Patriot community that I hope that what was said about them in this courtroom was wrong,” he said. “I don’t think there are people out there who believe the way this defendant believes.

“Hopefully, they understand that the way to change policy is to go to the voting booth, ask for congressional hearings and be dogged in their pursuit of what they believe to be justice.

“But the taking of innocent lives, such as what occurred in Oklahoma City, is never the right course of action.”

Some of the defense attorneys said that they see room for appeal in the McVeigh case.

Chris Tritico said that obvious points of contention are the fact that the judge did not allow into evidence the entire Department of Justice inspector general’s report, which sharply criticized the FBI crime laboratory in Washington and, specifically, how it handled evidence taken in the Oklahoma City case.

Rob Nigh, another defense attorney, pointed out that the judge did not allow the McVeigh team to explore conspiracy theories suggesting that persons other than McVeigh were behind the blast.

“All of that will be something that we will have to look at as we’re preparing an appeal,” Tritico said. “And we can’t really address every issue right now. We just got the verdict.”

Added Nigh: “We’re going to file the best motions we can and, if the motions are denied, of course we will make the proper appeals.”

In releasing the jury, Matsch said that he could not legally bar them from talking about the case. But, because another trial for a second defendant is yet to begin, the judge encouraged them not to discuss what they think about Terry L. Nichols, the second defendant in the bombing.

“You haven’t tried him,” the judge said. “You haven’t heard all the evidence against him.”

The Nichols trial, expected to begin later this summer, is considered much more complex. Defense attorney Michael Tigar is a highly regarded lawyer on the national scene.

While McVeigh was convicted of renting a Ryder truck and delivering the bomb to the Murrah building, there has been no evidence that Nichols helped lease the vehicle or was in Oklahoma City on the morning of the blast.