March 16, 2004: Previous Lawyer for Oklahoma City Bombing Conspirator Joins in Casting Doubt on Government’s Theory of Bombing

Lead defense lawyer Brian Hermanson. [Source: Corbis / TruTV]Michael E. Tigar, the former lead attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see June 4, 1998) who now faces a state trial on 161 counts of first-degree murder (see March 1, 2004), joins Nichols’s current defense team in speculating that the bombing may have been carried out by a larger group of white supremacists, of which Nichols was only a minor member and perhaps little more than a scapegoat. While prosecutors say they have “an avalanche of evidence” showing Nichols’s heavy involvement, defense lawyers led by Brian T. Hermanson say that Nichols and his cohort, convicted bomber Timothy McVeigh (see June 2, 1997), were part of the purported larger conspiracy. McVeigh, Hermanson argues, “conspired with others whose identities are still unknown” and “orchestrated various events and evidence so as to make it appear that Mr. Nichols was involved and, thereby, direct attention away from others.” Some evidence exists of McVeigh’s involvement with the violent white supremacist group Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and it is possible that McVeigh took part in bank robberies the group carried out. Tigar says, “Is it too bad they killed Tim?” referring to McVeigh’s execution (see 7:14 a.m. June 11, 2001). “If they really wanted to find out what happened, maybe some of the revelations, now that the cover is blown, maybe he would have talked. Who knows?” Tigar seems to be implying that the government executed McVeigh to ensure his silence, a conclusion prosecutors dispute. Prosecutors say they have given the defense all exculpatory evidence, and that they can indisputably prove Nichols’s guilt. Assistant Oklahoma County District Attorney Sandra H. Elliott says, “Whether or not anybody else is involved, we can prove Mr. Nichols is.” Mark S. Hamm, a criminology professor who has written about the ARA, says: “The preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the ARA. [But t]here’s no smoking gun here.” Stephen Jones, who represented McVeigh during his trial (see May 8, 1995), says: “Where the Nichols defense clearly wants to go is to try for an acquittal or hung jury using material the government withheld.” If successful, the Nichols lawyers will try to get Nichols’s federal conviction (see December 23, 1997) reversed. However, “it has to succeed in [these proceedings] first.” [New York Times, 3/16/2004]