July 19, 1995: Accused Oklahoma City Bomber Refuses to Provide Handwriting Sample for Prosecution

Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) refuses to give prosecutors a handwriting sample. He is transported from the El Reno Federal Corrections Center, about 25 miles west of Oklahoma City, to a courtroom in Oklahoma City, where he refuses to provide the sample. Prosecutors say the handwriting sample could be compared to a receipt for the rental of the Ryder truck used to plant the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The courtroom, across the street from the targeted Murrah Federal Building, still has rough wooden plywood covers for many of its blown-out windows and is adorned with purple mourning ribbons. One man in the building wears a T-shirt that reads on the front, “In Memory, April 19, 1995.” The back reads, “A society that makes war against its police had better learn to make friends with its criminals.” McVeigh’s lawyer, Stephen Jones, argues that McVeigh should not have to provide a handwriting sample on the grounds that it may violate his rights against self-incrimination. Jones also says that McVeigh has written only in block letters since before joining the military in 1988 (see March 24, 1988 - Late 1990), and that a handwriting sample in cursive letters would require more than a mechanical effort by his client. Prosecution assistant Sean Connelly reminds the court that the grand jury investigating the case has requested the sample, and calls it a “very routine” test. “We are not probing his mind or thought processes,” he says. “If he says he can’t spell ‘no,’ we’ll tell him N-O.” Judge David Russell finally rules that McVeigh will give the sample. “I’m going to order the defendant to comply with the subpoena of the grand jury,” he says. “I don’t see any reason to wait. The law is clear.” To McVeigh, he says, “Failure to comply could be used against you, not just in a contempt proceeding but as evidence in a trial.” When McVeigh again refuses to give the sample, Russell orders him charged with contempt of court and gives the defense five days to respond to the contempt charge. [New York Times, 7/19/1995]