Independent, UK

McVeigh sought martyrdom 'to aid co-conspirators'

By Andrew Gumbel and Mary Dejevsky

14 May 2001

Timothy McVeigh deliberately encouraged newspaper stories about his guilt in
the Oklahoma City bombing from the earliest days of his case to deflect
attention from other possible suspects, a new book by his trial lawyer
shows.

According to Stephen Jones, who represented McVeigh until his sentencing in
1997 and now feels unrestrained by any lawyer-client confidentiality, his
client's strategy was always to be the focus of as much public indignation
as possible so the world would believe he was some kind of demon terrorist
mastermind who acted alone.

"If no one else is arrested or convicted," Mr Jones quotes McVeigh as
telling him, "then the revolution can continue."

As early as May 1995, less than one month after the bombing that ripped
apart the federal government office building in Oklahoma City and killed 168
people, The New York Times reported that McVeigh had confessed his guilt to
at least two people. At the time the assumption was that he had said too
much to his cell mates. But the new book reveals that it was Mr Jones
himself who briefed The New York Times - at the express instruction of his
client. The second person cited in the article was another member of the
defence team.

In the book, Mr Jones reproduces a signed statement from McVeigh written the
day after the article appeared making clear that his lawyer had his
authorisation to talk off the record. "I have read The New York Times
story," the statement says. "It is consistent with what I authorised him to
tell NY Times and it is accurate."

This revelation is the latest indication that McVeigh and his government
prosecutors developed a joint interest in denying the existence of other
accomplices in Oklahoma City on the morning of the bombing.

The Federal Bureau of Investigation initially mounted a search for a second
suspect, known as John Doe 2, but after more than a year of fruitless
investigation came to insist there was no such person - almost certainly to
increase its chances of securing a conviction against McVeigh.

The existence of a wider conspiracy, described in detail in The Independent
last Friday, is likely to receive renewed attention following the discovery
of thousands of pages of prosecution documents improperly withheld from Mr
Jones's defence team during the trial.

The documents, which have been sent to McVeigh's current legal team, came to
light just six days before his scheduled execution. The disclosure
embarrassed the authorities and forced the Attorney General, John Ashcroft,
to postpone the first federal execution since 1963 with just five days to
go.

A lawyer for McVeigh said yesterday that the defence team could seek a new
trial, once it had perused the thousands of pages of evidence handed over by
the FBI last week. It is believed the new documents include witness
statements taken immediately after the bombing that indicate sightings of
John Doe 2 and possibly other suspects too.

Asked on NBC television whether McVeigh might seek a new trial, Rob Nigh -
one of his two main lawyers - said: "It is certainly possible." But at this
stage, he said, McVeigh was still reviewing his options.

Responding to some of the popular fury unleashed by his decision to delay
the execution, Mr Ashcroft told The Oklahoman newspaper that he would not
authorise any new delay. "We feel that ample time has been provided, and I
have no intention of further extending this deadline," he said

Any decision about what happens next, however, rests not with Mr Ashcroft,
but with McVeigh, his lawyers and the courts. Yesterday, few people -
politicians, lawyers or the public - were very confident that the 11 June
date would be kept. Among the most vocal was Gore Vidal, the writer and
ardent opponent of the death penalty, who had been asked by McVeigh to
witness his death by lethal injection and planned to write about it for
Vanity Fair.

Mr Vidal said he believed that the case "would drag on for ever more". And
he noted the irony of the latest turn of events. "I have a number of
thoughts on this," he said, "and one is that this has a nice symmetry to his
story ... McVeigh was reacting to the FBI [the 1993 raid on the Branch
Davidian compound at Waco in Texas] and now his own case is jeopardised by
their actions."

Mr Jones, an experienced county lawyer from Enid, Oklahoma, who was widely
criticised for botching the trial in a failed attempt to further his own
conspiracy theories, first published his book, called Others Unknown, in
1998. For the new edition he has spoken freely about his client, arguing
that it was McVeigh himself who broke their confidentiality agreement when
he launched a wide-ranging attack on his reputation in a series of
interviews with two reporters from his home town of Buffalo, New York.

McVeigh insisted throughout his dealings with Mr Jones that there was no
John Doe 2. Mr Jones, who did not believe him, persuaded him to undergo a
polygraph test. Every time McVeigh was asked about other suspects, he failed
the test.
---------------------------------

Hunt for McVeigh gang ended within weeks

By Andrew Gumbel in Los Angeles

15 May 2001

Accomplice of McVeigh appeals over FBI blunder

The Federal Bureau of Investigation dropped its search for suspects who may
have helped Timothy McVeigh bomb the Oklahoma City federal building less
than a month after the attack, an internal FBI memo obtained by The
Independent shows.

Despite witness sightings of accomplices with McVeigh in Oklahoma City on
the morning of the bombing in April 1995, and despite a nationwide hunt for
a man the authorities called "John Doe 2", the memo suggests that the search
was quietly dropped, at least temporarily, in mid-May 1995.

The memo is a report by a field officer in San Francisco, who tells his
superiors he has made unsuccessful attempts to track down the landlord of a
possible John Doe 2 - known in the bureau's own investigative jargon as
"Unsub (for "unidentified subject") #2".

"In view of the fact that the Oklahoma Command Post has directed all offices
to hold Unsub #2 leads in abeyance, San Francisco will conduct no further
investigation regarding this lead," the memo from Special Agent Thomas P
Ravenelle reads. The exact day the memo was written is unknown, but it
refers to an investigative lead taken up on 3 May 1995 and clearly abandoned
shortly afterwards.

Why the FBI would have dropped its interest in John Doe 2 so quickly is a
mystery, but the decision is in keeping with the line eventually taken by
government lawyers at the 1997 trials of McVeigh and his main known
accomplice, Terry Nichols - that John Doe 2 did not, in fact, exist.

The issue has returned to prominence after last week's revelation that the
FBI had withheld more than 3,000 pages of evidence from the defence at the
McVeigh and Nichols trials. The revelation prompted John Ashcroft, the
Attorney General, to announce a 26-day delay in McVeigh's execution, which
had been due tomorrow.

It is believed that the new documents contain witness statements on John Doe
2 and possibly other suspects. Defence lawyers have accused the US
government of holding back evidence pointing to a wider conspiracy.
Yesterday, Nichols' lawyers said they had asked the Supreme Court to reopen
his case.

McVeigh's execution has been put back to June 11, but many legal experts
expect a much longer delay.





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