Arrest, trial, conviction and sentencing
By tracing the Vehicle Identification Number (VIN) of a rear axle found in the wreckage, the FBI identified the vehicle as a Ryder Rental box truck rented from Junction City, Kansas. Workers at the agency assisted an FBI artist in creating a sketch of the renter, who had used the alias "Robert Kling". The sketch was shown in the area. Lea McGown, manager of the local Dreamland Motel, identified the sketch as Timothy McVeigh.
Shortly after the bombing, while driving on I-35 in Noble County, near Perry, Oklahoma, McVeigh was stopped by Oklahoma State Trooper Charles J. Hanger. Hanger had passed McVeigh's yellow 1977 Mercury Marquis and noticed that it had no license plate. McVeigh admitted to the state trooper (who noticed a bulge under his jacket) that he had a gun and McVeigh was subsequently arrested for having driven without plates and illegal firearm possession; McVeigh's concealed weapon permit was not legal in Oklahoma. McVeigh was wearing a T-shirt at that time with a picture of Abraham Lincoln and the motto: sic semper tyrannis ('Thus always to tyrants'), the supposed words shouted by John Wilkes Booth after he shot Lincoln. On the back, it had a tree with a picture of three blood droplets and the Thomas Jefferson quote, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Three days later, while still in jail, McVeigh was identified as the subject of the nationwide manhunt.
On August 10, 1995, McVeigh was indicted on eleven federal counts, including conspiracy to use a weapon of mass destruction, use of a weapon of mass destruction, destruction with the use of explosives and eight counts of first-degree murder.
On February 20, 1996, the Court granted a change of venue and ordered that the case be transferred from Oklahoma City to the U.S. District Court in Denver, Colorado, to be presided over by U.S. District Judge Richard Paul Matsch.
McVeigh instructed his lawyers to use a necessity defense, but they ended up not doing so, because they would have had to prove that McVeigh was in "imminent danger" from the government. (McVeigh himself argued that "imminent" did not necessarily mean "immediate.") They would have argued that his bombing of the Murrah building was a justifiable response to what McVeigh believed were the crimes of the U.S. government at Waco, Texas, where the 51-day siege of the Branch Davidian complex resulted in the deaths of 76 Branch Davidians. As part of the defense, McVeigh's lawyers showed the jury the controversial video Waco, the Big Lie.
On June 2, 1997, McVeigh was found guilty on all eleven counts of the federal indictment. After the verdict, McVeigh tried to calm his mother by saying, "Think of it this way. When I was in the Army, you didn't see me for years. Think of me that way now, like I'm away in the Army again, on an assignment for the military."
On June 13, 1997, the jury recommended that McVeigh receive the death penalty. The U.S. Department of Justice brought federal charges against McVeigh for causing the deaths of eight federal officers leading to a possible death penalty for McVeigh; they could not bring charges against McVeigh for the remaining 160 murders in federal court because those deaths fell under the jurisdiction of the State of Oklahoma. Because McVeigh was convicted and sentenced to death, the State of Oklahoma did not file murder charges against McVeigh for the other 160 deaths. Before the sentence was formally pronounced by Judge Matsch, McVeigh addressed the court for the first time and said:
If the Court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote, 'Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.' That's all I have.
Incarceration and execution
McVeigh's death sentence was delayed pending an appeal. One of his appeals for certiorari, taken to the Supreme Court of the United States, was denied on March 8, 1999. McVeigh's request for a nationally televised execution was also denied. An Internet company also unsuccessfully sued for the right to broadcast it. At ADX Florence, McVeigh and Nichols were housed in "Bomber's Row", the same cell block as Ted Kaczynski, Luis Felipe and Ramzi Yousef. Yousef made frequent, unsuccessful attempts to convert McVeigh to Islam.
McVeigh said:
I am sorry these people had to lose their lives, but that's the nature of the beast. It's understood going in what the human toll will be.
He said that if there turned out to be an afterlife, he would "improvise, adapt and overcome", noting:
If there is a hell, then I'll be in good company with a lot of fighter pilots who also had to bomb innocents to win the war.
He also said:
I knew I wanted this before it happened. I knew my objective was state-assisted suicide and when it happens, it's in your face. You just did something you're trying to say should be illegal for medical personnel.
The BOP transferred McVeigh from ADX Florence to the federal death row at United States Penitentiary in Terre Haute, Indiana, in 1999.
McVeigh dropped his remaining appeals, saying that he would rather die than spend the rest of his life in prison. On January 16, 2001 the Federal Bureau of Prisons set May 16, 2001, as McVeigh's execution date. McVeigh stated that his only regret was not completely destroying the federal building. Six days prior to his scheduled execution, the FBI turned over thousands of documents of evidence it had previously withheld to McVeigh's attorneys. As a result, U.S. Attorney General John Ashcroft announced McVeigh's execution would be stayed for one month.
The execution date was reset for June 11, 2001. McVeigh invited conductor David Woodard to perform pre-requiem Mass music on the eve of his execution; while acknowledging McVeigh's "horrible deed", Woodard consented, intending to “provide comfort”. McVeigh also requested a Catholic chaplain. His last meal consisted of two pints of mint chocolate chip ice cream.
McVeigh chose William Ernest Henley's poem "Invictus" as his final statement. Just before the execution, when he was asked if he had a final statement, he declined. Jay Sawyer, a relative of one of the victims, wrote, "Without saying a word, he got the final word." Larry Whicher, whose brother died in the attack, described McVeigh as having "a totally expressionless, blank stare. He had a look of defiance and that if he could, he'd do it all over again."
McVeigh was executed by lethal injection at 7:14 a.m. on June 11, 2001, at the U.S. Federal Penitentiary in Terre Haute, Indiana, the first federal prisoner to be executed by the United States federal government since Victor Feguer was executed in Iowa on March 15, 1963.
On November 21, 1997, President Bill Clinton had signed S. 923, special legislation introduced by Senator Arlen Specter to bar McVeigh and other veterans convicted of capital crimes from being buried in any military cemetery. His body was cremated at Mattox Ryan Funeral Home in Terre Haute. His ashes were given to his lawyer, who "said that the final destination of McVeigh's remains would remain privileged forever." McVeigh had written that he considered having them dropped at the site of the memorial where the building once stood, but decided that would be "too vengeful, too raw, and too cold." He had expressed willingness to donate organs, but was prohibited from doing so by prison regulations.
Psychiatrist John Smith concluded that McVeigh was "a decent person who had allowed rage to build up inside him to the point that he had lashed out in one terrible, violent act." McVeigh's IQ was assessed at 126.
Associations
According to CNN, his only known associations were as a registered Republican while in Buffalo, New York, in the 1980s, and a membership in the National Rifle Association while in the Army, and there is no evidence that he ever belonged to any extremist groups.
Religious beliefs
McVeigh was raised Roman Catholic. During his childhood, he and his father attended Mass regularly. McVeigh was confirmed at the Good Shepherd Church in Pendleton, New York, in 1985. In a 1996 interview, McVeigh professed belief in "a God", although he said he had "sort of lost touch with" Catholicism and "I never really picked it up, however I do maintain core beliefs." In McVeigh's biography American Terrorist, released in 2002, he stated that he did not believe in a hell and that science is his religion. In June 2001, a day before the execution, McVeigh wrote a letter to the Buffalo News identifying himself as agnostic. However, he took the Last Rites, administered by a priest, just before his execution. Father Charles Smith ministered to McVeigh in his last moments in death row.
Motivations for the bombing
"Why? McVeigh told us at eloquent length, but our rulers and their media preferred to depict him as a sadistic, crazed monster ... that had done it for the kicks".—Gore Vidal, 2002
McVeigh claimed that the bombing was revenge against the government for the sieges at Waco and Ruby Ridge. McVeigh visited Waco during the standoff. While there, he was interviewed by student reporter Michelle Rauch, a senior journalism major at Southern Methodist University who was writing for the school paper. McVeigh expressed his objections over what was happening there.
McVeigh frequently quoted and alluded to the white supremacist novel The Turner Diaries; he claimed to appreciate its interest in firearms. Photocopies of pages sixty-one and sixty-two of The Turner Diaries were found in an envelope inside McVeigh's car. These pages depicted a fictitious mortar attack upon the U.S. Capitol in Washington.
In a 1,200-word essay dated March 1998, from the federal maximum-security prison at Florence, Colorado, McVeigh claimed that the terrorist bombing was "morally equivalent" to U.S. military actions against Iraq and other foreign countries. The handwritten essay, submitted to and published by the alternative national news magazine Media Bypass, was distributed worldwide by the Associated Press on May 29, 1998. This was written in the midst of the 1998 Iraq disarmament crisis and a few months before Operation Desert Fox.
The administration has said that Iraq has no right to stockpile chemical or biological weapons ("weapons of mass destruction") — mainly because they have used them in the past.
Well, if that's the standard by which these matters are decided, then the U.S. is the nation that set the precedent. The U.S. has stockpiled these same weapons (and more) for over 40 years. The U.S. claims this was done for deterrent purposes during its "Cold War" with the Soviet Union. Why, then, it is invalid for Iraq to claim the same reason (deterrence) with respect to Iraq's (real) war with, and the continued threat of, its neighbor Iran?
The administration claims that Iraq has used these weapons in the past. We've all seen the pictures that show a Kurdish woman and child frozen in death from the use of chemical weapons. But, have you ever seen those pictures juxtaposed next to pictures from Hiroshima or Nagasaki?
I suggest that one study the histories of World War I, World War II and other "regional conflicts" that the U.S. has been involved in to familiarize themselves with the use of "weapons of mass destruction."
Remember Dresden? How about Hanoi? Tripoli? Baghdad? What about the big ones — Hiroshima and Nagasaki? (At these two locations, the U.S. killed at least 150,000 non-combatants — mostly women and children — in the blink of an eye. Thousands more took hours, days, weeks or months to die).
If Saddam is such a demon, and people are calling for war crimes charges and trials against him and his nation, why do we not hear the same cry for blood directed at those responsible for even greater amounts of "mass destruction" — like those responsible and involved in dropping bombs on the cities mentioned above?
The truth is, the U.S. has set the standard when it comes to the stockpiling and use of weapons of mass destruction.
The essay, which marked the first time that McVeigh publicly discussed the Oklahoma City bombing, continued:
Hypocrisy when it comes to the death of children? In Oklahoma City, it was family convenience that explained the presence of a day-care center placed between street level and the law enforcement agencies which occupied the upper floors of the building. Yet, when discussion shifts to Iraq, any day-care center in a government building instantly becomes "a shield." Think about it.
When considering morality and "mens rea" [criminal intent], in light of these facts, I ask: Who are the true barbarians? ...
I find it ironic; to say the least, that one of the aircraft used to drop such a bomb on Iraq is dubbed "The Spirit of Oklahoma." This leads me to a final, and unspoken, moral hypocrisy regarding the use of weapons of mass destruction.
When a U.S. plane or cruise missile is used to bring destruction to a foreign people, this nation rewards the bombers with applause and praise. What a convenient way to absolve these killers of any responsibility for the destruction they leave in their wake.
Unfortunately, the morality of killing is not so superficial. The truth is, the use of a truck, a plane or a missile for the delivery of a weapon of mass destruction does not alter the nature of the act itself.
These are weapons of mass destruction — and the method of delivery matters little to those on the receiving end of such weapons.
Whether you wish to admit it or not, when you approve, morally, of the bombing of foreign targets by the U.S. military, you are approving of acts morally equivalent to the bombing in Oklahoma City ...
McVeigh included photocopies of a famous Vietnam War-era picture showing terrified children fleeing napalm bombs, and of nuclear devastation in Japan. He said in a preface that the essay was intended to "provoke thought — and was not written with malevolent intent."
On April 26, 2001, McVeigh wrote a letter to Fox News, I Explain Herein Why I Bombed the Murrah Federal Building in Oklahoma City, which explicitly laid out his reasons for the attack. McVeigh read Unintended Consequences and said that if it had come out a few years earlier, he would have given serious consideration to using sniper attacks in a war of attrition against the government instead of bombing a federal building.
Accomplices
McVeigh's accomplice Terry Nichols was convicted and sentenced in federal court to life in prison for his role in the crime. At Nichols' trial, evidence was presented indicating that others may have been involved. Several residents of central Kansas, including real estate agent Georgia Rucker and a retired Army NCO, testified at Terry Nichols' federal trial that they had seen two trucks at Geary Lake State Park, where prosecutors alleged the bomb was assembled. The retired NCO said he visited the lake on April 18, 1995, but left after a group of surly men looked at him aggressively. The operator of the Dreamland Motel testified that two Ryder trucks had been parked outside her Grandview Plaza motel where McVeigh stayed in Room 26 the weekend before the bombing. Terry Nichols is incarcerated at ADX Florence in Florence, Colorado.
Michael and Lori Fortier were also considered accomplices due to their foreknowledge of the bombing. In addition to Michael assisting McVeigh in scouting the federal building, Lori had helped McVeigh laminate a fake driver's license which was used to rent the Ryder truck. Fortier agreed to testify against McVeigh and Nichols in exchange for a reduced sentence and immunity for his wife. He was sentenced on May 27, 1998, to twelve years in prison and fined $75,000 for failing to warn authorities about the bombing. On January 20, 2006, Fortier was released for good behavior into the Witness Protection Program and given a new identity.
An ATF informant, Carol Howe, told reporters that shortly before the bombing she had warned her handlers that guests of Elohim City, Oklahoma were planning a major bombing attack. McVeigh was issued a speeding ticket there at the same time. Other than this speeding ticket, there is no evidence of a connection between McVeigh and members of the Midwest Bank Robbers at Elohim City.
In February 2004, the FBI announced it would review its investigation after learning that agents in the investigation of the Midwest Bank Robbers (an alleged Aryan-oriented gang) had turned up explosive caps of the same type that were used to trigger the Oklahoma City bomb. Agents expressed surprise that bombing investigators had not been provided information from the Midwest Bank Robbers investigation. McVeigh declined further delays and maintained until his death that he had acted alone in the bombing.
Some witnesses claimed to have seen a second suspect, and there was a search for a "John Doe #2", but none was ever found.
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