Time: Thu Oct 09 13:06:09 1997
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Date: Thu, 09 Oct 1997 12:59:33 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Brother's book sais ATF blew up Murrah building (fwd)
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>>From http://cnn.com/US/9710/08/nichols/index.html
>Brother's book: ATF blew up Murrah building
>Jury selection continues in Denver courtroom
>October 8, 1997 Web posted at: 10:21 p.m. EDT (0221 GMT)
>DECKER, Michigan (CNN) -- As jury selection continues in the trial of
>accused Oklahoma bombing conspirator Terry Nichols, his brother has
>published a book meant to plant the seeds of doubt about whether Nichols
>was involved in the worst terrorist attack ever on U.S. soil.
>The 415-page book, co-written with Bob Papovich, is called "Freedom's
>End: Conspiracy in Oklahoma." In it, James Nichols contends that his
>brother had nothing to do with the 1995 bombing, that a law enforcement
>agency actually blew up the building, and that the FBI has not
>investigated the case sufficiently.
>"They have failed to prove anything. They have investigated people, but
>not the bombing, because all they want to do is prosecute people, not
>find out the truth."
> James Nichols
>Specifically, James Nichols contends that the plastic barrels found at
>his brother's Kansas home did not match those found in the rubble of the
>Alfred P. Murrah Federal Building in Oklahoma City. He also contends
>that the bomb did not contain ammonium nitrate, as prosecutors contend.
>James Nichols does admit that Timothy McVeigh, already convicted and
>sentenced to death
>in the attack that killed 168 people, was upset about a 1993 raid by
>Bureau of Alcohol, Tobacco and Firearms agents at the Branch Davidian
>compound in Waco, Texas. But he scoffs at the idea that was the motive
>for the Oklahoma bombing, as prosecutors say.
>"Getting back at the (ATF) is a really stupid argument. There were few
>(ATF) agents stationed at the Murrah building," he writes.
>Instead, James Nichols maintains that the ATF itself blew up the Murrah
>building as part of a cover up of what happened at Waco.
>He wrote, "Who benefits by destroying records that would prove that the
>(ATF) was lying
>about the alleged drug laboratory, illegal weapons and child abuse at
>(the Davidian compound)?"
>Contacted for a response, an ATF spokesman told CNN that the agency
>could not comment because of the ongoing trial of Terry Nichols in
>James Nichols is scheduled to testify in his brother's defense.
>For James Nichols, writing the book may have been easier than getting it
>published. He says mainstream publishers would not print it, so he and
>Papovich published it themselves and took out loans to pay for it.
>Nichols also says many books stores are refusing to carry it because of
>its controversial subject matter.
>Jury selection continues in Denver
>In Denver meanwhile, a second week of jury selection began in Nichols'
>trial in U.S. District Court.
>A grandmother who said it would be a mortal sin for her to impose the
>death penalty, and who pleaded that she needed to be with a sick
>daughter, was dismissed Wednesday on grounds of hardship.
>"I could never think of putting a person to death, because how can you
>put a person to death when it won't bring the people back?" she asked.
>"It would be on a person's conscience."
>The woman is Catholic and Judge Richard Matsch asked if she considered
>it a mortal sin to sentence someone to death.
>"Yes," said the woman, "a mortal sin."
>She was followed by a man who designs packaging for the medical
>industry. He said the death penalty would be appropriate in "a crime
>where someone shows no remorse. It might be a very violent crime."
>Another prospective juror interviewed Wednesday morning was a man who at
>first said the death penalty should be automatic for anyone convicted of
>premeditated murder. Later, under questioning by U.S. District Court
>Judge Richard Matsch, the man conceded that he could consider the
>character and background of the defendant before imposing a death
>The court is attempting to find a pool of 64 "death penalty-qualified"
>jurors from which a final panel of 12 jurors and six alternatives will
>be chosen.
>Under federal law, jurors must agree that they can impose the death
>penalty but will also consider other sentences if mitigating
>circumstances warrant.
>Nichols, 42, could receive the death penalty if he is convicted of the
>murder and conspiracy charges he faces.
>Detroit Bureau Chief Ed Garsten contributed to this report.

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
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