OKLAHOMA CITY - The judge in the state's murder case against Oklahoma City bombing conspirator Terry Nichols said yesterday that lack of cooperation from the federal government was jeopardizing Nichols' right to a fair trial.
District Judge Steven Taylor's comments in a pre-trial hearing renewed complaints he had made in a letter last week chiding the government for not making witnesses available for Nichols' defense attorneys.
He did not immediately rule on the request by Brian Hermanson, Nichols' attorney, who said yesterday that dismissal of the case would be the fairest option.
Oklahoma County Assistant District Attorney Lou Keel asked the judge not to dismiss the case, saying, There's absolutely no reason to do anything drastic right now. He said depositions of witnesses - the taking of testimony under oath before a trial - are under way.
Nichols, 48, was convicted of federal charges in the April 19, 1995, bombing and sentenced to life in prison for the death of eight federal agents.
He now faces 161 state counts of first-degree murder for the 160 other victims in the Alfred P. Murrah Federal Building, plus a fetus whose mother was killed in the blast. Prosecutors are seeking the death penalty.
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