Vol. 6, No. 1338 - The American Reporter - May 24, 2000


 JAIL IN TURMOIL OVER NICHOLS' HAIR
by Bill Johnson
American Reporter Correspondent
Oklahoma City, Okla.
OKLAHOMA CITY -- There's a hair-raising problem concerning convicted bombing
conspirator Terry Nichols that is causing some fallout at the Oklahoma County
Jail.

Everyone agrees the 45-year-old Nichols needs a haircut. But they part over
who should do the cutting.

Nichols, citing concerns about his safety, wants his hair cut by the wife of
his lead attorney. County officials say that other inmates either hire a
barber to cut their hair or let another inmate give them a trim with electric
clippers and they don't want make an exception with Nichols.

Nichols, who is serving a life term for conspiracy in the federal building
bombing, and his attorneys took the matter to court. The judge said it would
be fine for the attorney's wife to give Nichols a trim.

"It's not going to happen," vowed Russell Dear, the jail administrator. "It
sets a precedent."

Sheriff John Whetsel said he is going to talk to county prosecutors about
appealing the decision.

"You start granting exceptions to one, then you have to give them for all,"
Whetsel said.

Nichols, a former farmer from Herington, Kan., was convicted by a federal
jury in Denver of helping plan the April 19, 1995, bombing that killed 165
people and injured more than 500 others and of involuntary manslaughter in
the deaths of eight federal special agents.


He was brought to Oklahoma City on Jan. 31 to face state first-degree murder
charges. According to jail records, Nichols has not had a haircut since his
arrival.


Brian Hermanson of Ponca City, Nichols' lead attorney, said his wife is not a
licensed barber but is experienced at cutting hair.

"She has cut my hair for 20 years, and my family's. I trust her with the
scissors near my client more than I would trust anyone else," Hermanson said.

It's the possibility of having a stranger armed with scissors near Nichols
that has defense attorneys concerned. And they don't want Nichols to end up
with a buzz cut given by another inmate wielding electric clippers.


"We think a buzz cut would look bad," W. Creekmire Wallace II argued before
Payne County Associate District Court Judge Robert M. Murphy Jr., who was
appointed to the Nichols case.

Murphy ruled that Nichols could have his hair cut by his attorney's wife, or
by a licensed barber at state expense.

"The defendant is a pretrial detainee and the law presumes him innocent and
this includes the right for him to have the appearance of innocence," Murphy
ruled.

Prosecutors had opposed the hair-cutting request on the ground that Nichols
should not receive any special treatment.

"If this court treats Mr. Nichols different, then every other defendant up
there is going to think they are entitled to have their mother or their
sister or brother come in and cut their hair," said Assistant District
Attorney Sandra Elliott.

The haircut plea isn't the only special request that Nichols has made. When
he was in federal custody, his lawyers said he required the fiber from whole
wheat bread because of a medical condition. At another point, Nichols
complained that he was not allowed to buy garlic and popcorn from the prison
commissary.

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