August 12, 1997: Nichols Lawyer Asks for Change of Venue; Request Denied

The lawyer for alleged Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), Michael Tigar, asks that his client be granted a change of venue for his upcoming trial. Tigar argues that Nichols cannot receive a fair trial in Denver due to bomber Timothy McVeigh’s recent conviction and sentencing in that city (see June 2, 1997 and June 11-13, 1997). “Media coverage has now made it impossible for a jury in this district to make, if called upon, the reasoned moral response required by the cases,” Tigar argues in his brief. Tigar’s brief is accompanied by three bound documents filled with media coverage research. Prosecutors argue that Nichols can receive a fair trial: prosecutor Sean Connelly responds, “There is no reason to believe that Colorado jurors now lack the same ability fairly to decide Nichols’s guilt and punishment that was exhibited in the trial of his co-defendant McVeigh.” Tigar asks that the trial be moved to San Francisco; prosecutors say that Tigar wants the trial moved to a venue where the jury would be less likely to consider the death penalty if Nichols is convicted. Tigar’s arguments are much the same as those advanced by him and McVeigh’s legal team when McVeigh’s trial was moved from Oklahoma City to Denver (see February 20, 1996). “This community has come to share the characteristics identified by this court in its Feb. 20, 1996, opinion,” Tigar writes. [New York Times, 8/13/1997; New York Times, 8/14/1997] Judge Richard P. Matsch will deny the request four days later. [New York Times, 8/16/1997]