-Caveat Lector-

 http://www.latimes.com/news/nation/reports/mcveigh/lat_mcveigh010515.htm


Tuesday, May 15, 2001

More McVeigh Files Found; FBI Orders Massive Search



By RICHARD A. SERRANO and ERIC LICHTBLAU, Times Staff Writers


     WASHINGTON--A second batch of undisclosed records in the Oklahoma City
bombing has been found in Baltimore, sources said Monday, prompting the FBI
to issue a worldwide directive ordering all bureau field offices and
attaches to comb their files for any more documents that may not have been
turned over to Timothy J. McVeigh's lawyers.

     Meanwhile, new details emerged about the contents of more than 3,000
pages of documents discovered last week--witness statements and photographs
relating to a mysterious person known as Robert Jacques, as well as
surveillance tapes of sightings of "John Doe No. 2," an alleged McVeigh
co-conspirator.

     Although the government later discounted the existence of either
person, rumors about their alleged association with McVeigh spawned endless
theories of conspiracies and government cover-ups in what became the largest
investigation in FBI history.

     Federal officials last week discovered the 3,135 pages of new material
after collecting McVeigh files from dozens of field offices across the
country. After turning the documents over to McVeigh's defense team and his
convicted co-conspirator, Terry L. Nichols, seven additional documents
turned up late last week in the Baltimore office, sources said. The
documents were expected to be delivered Monday to defense attorneys. Neither
the total number of pages, nor their specific content, could be determined
Monday.

     Like the material found in other offices, however, the Baltimore
documents were discounted by government sources, who said they have no
relevance to McVeigh's guilt or innocence. Baltimore was one of dozens of
FBI field offices involved in interviewing witnesses and collecting evidence
in the case.

     In issuing its sweeping order Monday, the FBI sought to ensure that no
additional materials will surface that should have long ago been shared with
the defense.

     "Everybody is checking again. The whole bureau today," said an FBI
source, one of several government sources who asked not to be identified
because of the ongoing investigation. "Everybody is going through everything
again."

     A Department of Justice official said authorities are worried that if
even more material is found after this latest search, it will be all the
more embarrassing to federal law enforcement.

     "We certainly want all the information that is available," the official
said. "We want all the information that's out there."

     The April 1995 Oklahoma City bombing was the largest terrorist attack
in the United States, killing 168 people and injuring more than 500 others.

     In the larger cache of FBI documents discovered last week, references
to a Robert Jacques--whose last name sometimes was spelled "Jacquez"--crop
up several times, sources said.

     Shortly after the bombing, a southwest Missouri real estate broker told
the FBI that three men came to his office looking to buy secluded property
that was "in the middle of nowhere." He said they wanted some land with
caves.

     This was in November 1994, right before McVeigh and Nichols began
stockpiling materials for the bomb.

     The broker, William Maloney, said two of the men fit the descriptions
of McVeigh and Nichols, and he recalled that the third man, who said his
name was Robert Jacques, "did most of the talking."

     But the government was never able to authenticate that the men were
actually McVeigh and Nichols, or that Jacques ever existed.

     Sources said the other newly disclosed material included photographs of
people resembling descriptions of Jacques.

     Also in the files, the sources said, was information about the
so-called John Doe No. 2.

     Employees at the Ryder store, where McVeigh rented the truck to carry
the bomb, insisted that McVeigh was with a second man. That man was never
found, but an FBI sketch of him circulated nationwide.

     The government later insisted that the Ryder employees were mistaken
and that McVeigh had been alone, but the sightings of John Doe No. 2
persisted nonetheless.

     In the missing files also are surveillance tapes of John Doe No. 2
look-alikes, as well as statements from various people who claimed to have
seen him, sources said.

     Defense lawyers are now reviewing the new material and determining how
to proceed. With McVeigh's cooperation, they are likely to ask a federal
judge for more time to study the documents.

     McVeigh was to have been executed Wednesday. But after the FBI files
foul-up, Atty. Gen. John Ashcroft delayed the execution for 30 days, until
June 11.

     While defense attorneys do not think 30 days is long enough to review
the newly disclosed materials, Ashcroft has said he will not grant another
postponement.

     "The attorney general has been very generous with the time he's
allowed," an Ashcroft aide said. "He thought it was a reasonable amount of
time, and he's not going to delay it past the date he set. If McVeigh wants
to push it, I'm sure he'll fight it in court."

     Lawyers for Nichols also are trying to use the new information to help
him win a new trial in federal court, or at least reduce his life sentence.

     "In a case of this magnitude, where the defendant's life and liberty
were at jeopardy . . . it is essential the defense have the opportunity to
review and assess the withheld materials and then take appropriate action,"
they wrote in a petition filed with the Supreme Court late Friday and made
public Monday.

     Nichols' lawyers had argued earlier this year that government lawyers
withheld other key documents from the defense and that the trial court
failed to fully explore this issue.

     The Supreme Court turned down Nichols' appeal last month.

     But his lawyers argue in their new filing that "the newly discovered
fact that the United States withheld . . . FBI materials casts Mr. Nichols'
request for a remand for further proceedings in a much more favorable
light."

     In Oklahoma City on Monday, where state prosecutors hope to win a death
sentence for Nichols on first-degree murder charges, a preliminary hearing
that was to have begun next week was postponed indefinitely--a sign that the
state judge there is also concerned about new materials.

     On Capitol Hill, where several lawmakers are urging thorough reviews of
FBI operations, outgoing FBI Director Louis J. Freeh is to appear at
previously scheduled hearings Wednesday and Thursday. The hearings are
supposed to be about the FBI's budget needs. But, said one Senate aide, "it
would surprise me if there weren't a strong line of questioning about how
they managed to lose thousands of pages of documents."


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                                Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT

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                               *Michael Spitzer*    <[EMAIL PROTECTED]>

               The Best Way To Destroy Enemies Is To Change Them To Friends
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