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Judge refuses to hear government conspiracy evidence { April 22 2004 }

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   http://www.boston.com/news/nation/articles/2004/04/22/judge_refuses_to_throw_out_oklahoma_city_bomb_case/

http://www.boston.com/news/nation/articles/2004/04/22/judge_refuses_to_throw_out_oklahoma_city_bomb_case/

Judge refuses to throw out Oklahoma City bomb case
By Tim Talley, Associated Press | April 22, 2004

McALESTER, Okla. -- A judge yesterday refused to dismiss the murder case against Oklahoma City bombing conspirator Terry Nichols and restricted his defense lawyers' ability to argue there was a wider conspiracy than the government has acknowledged.

Judge Steven Taylor found no basis for defense claims that prosecutors withheld important evidence. He said the request for a dismissal was ''laced with melodrama but no substance."

''Most of the claimed new evidence is not new at all," Taylor said.

Nichols's lawyers alleged last week that the prosecution was withholding evidence that there were other suspects in the bombing who have never been charged, including members of a white supremacist robbery gang and residents of Elohim City, a white supremacist enclave in Oklahoma.

If Nichols's lawyers want to introduce evidence about other suspects, they must show such people overtly acted to further the bomb plot, Taylor said. And no such showing has been made, he said.

Nichols, 49, is on trial on state murder charges that could bring the death penalty. He and Timothy McVeigh were previously convicted on federal charges in the April 19, 1995, bombing of the Oklahoma City federal building that killed 168 people.

The materials that Nichols's lawyers claimed were withheld included a Secret Service document describing security video footage of the attack. A Secret Service agent testified that this document exists, but said it was based on unverified information and the government knows of no tape.

''There is no such videotape," Taylor said.



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