-Caveat Lector- Okla. Bombing Sentence Overturned Crime/Corruption News Keywords: OKC BOMBING, FORTIER, MCVEIGH, NICHOLS Source: Associated Press Writer Published: Wednesday, June 30, 1999; 1:43 p.m. EDT Author: By Steven K. Paulson Posted on 06/30/1999 10:50:04 PDT by midmich DENVER (AP) -- The 10th U.S. Circuit Court of Appeals today threw out Michael Fortier's 12-year sentence for his role in the Oklahoma City bombing, ruling that guidelines used to determine the prison term were too harsh. His lawyer said the ruling could mean freedom for Fortier. A three-judge panel ordered a new sentencing hearing for Fortier, who pleaded guilty to failing to alert authorities to the bomb plot, helping Timothy McVeigh sell stolen weapons and lying to FBI agents about the bombing. The panel ruled that the judge who sentenced Fortier, the government's key witness in the bombing case, erred when he used guidelines for first-degree murder sentences in determining the length of Fortier's term. They said those guidelines can be used only if evidence demonstrated that Fortier acted with malice, or if the crime fell under felony-murder rules, and ``neither circumstance is present in this case.'' The appellate panel agreed with Fortier's lawyer, Michael McGuire, that Fortier should be sentenced under involuntary manslaughter guidelines. McGuire said that under those guidelines, the sentence should have been a maximum of 46 months. The court also rejected prosecution arguments that Fortier already received consideration for his cooperation with the government when he got a reduced sentence. ``The sentence was improper, as we argued all along,'' McGuire said in a telephone interview today. He said Fortier's family was told of the ruling, but he had not notified Fortier yet because he had not received a copy of it. He said Fortier has served nearly four years in prison and his sentence could be as short as three years, which means it is possible Fortier could be released following a new hearing. No date had been set for that hearing, which would be held in federal court in Oklahoma City, where Fortier was sentenced. Federal prosecutors did not immediately return phone calls seeking comment. Fortier spent some time with McVeigh and Terry Nichols, former Army buddies of his, as McVeigh and Nichols roamed through several states to steal ingredients to carry out the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. The blast killed 168 people and injured more than 500 others, the worst act of terrorism on U.S. soil. McGuire had argued for the three-year sentence, claiming that while Fortier's actions may have been reckless, McVeigh and Nichols never told his client how they planned to use money raised by selling stolen weapons at gun shows. ``There was no agreement or condition or anything,'' he told the three-judge panel during arguments on the appeal in May, noting that the bombing happened months after the weapons were sold. ``It all happened too far after the fact.'' Prosecutors maintained Fortier did know the money raised by selling stolen weapons would be used to finance the bomb plot. McVeigh was convicted of federal murder, conspiracy and weapons counts. He is appealing his jury-imposed death sentence. Nichols was convicted of involuntary manslaughter and conspiracy last year and sentenced to life imprisonment. A hearing on Nichols' bid for a new trial is set for next week. http://www.freerepublic.com/forum/a377a58cc032a.htm DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
