-Caveat Lector-

----- Original Message -----
From: "Matthew Gaylor" <[EMAIL PROTECTED]>


Date: Tue, 26 Feb 2002 18:39:31 -0500
To: [EMAIL PROTECTED]
From: Declan McCullagh <declan@...>
Subject: FORMER DEPUTY UNITED STATES MARSHAL CHARGED WITH PERJURY AND
FALSE STATEMENTS


DEPARTMENT OF JUSTICE
FOR IMMEDIATE RELEASE
CRM
TUESDAY, FEBRUARY 26, 2002
(202) 514-2008
WWW.USDOJ.GOV
TDD (202) 514-1888 FORMER DEPUTY UNITED STATES MARSHAL CHARGED
WITH PERJURY AND FALSE STATEMENTS

DENVER, COLORADO -- The Department of Justice announced that Benny
Bailey of Denver, Colorado, formerly a Deputy United States Marshal
for the District of Colorado, was indicted today by a federal grand
jury in a two-count indictment charging him with perjury and false
statements.  If convicted, Bailey faces on each count up to five
years in prison and a fine of not more than $250,000.

According to the indictment, Bailey helped supervise the jury in the
1997 trial of Timothy McVeigh, who had been charged with bombing the
Murrah Federal Building in Oklahoma City.  After the McVeigh trial
concluded in June, 1997, Bailey became involved in an intimate
relationship with an alternate juror from the trial.   In 1998 the
trial court and, subsequently, defense counsel for McVeigh, received
anonymous facsimiles alleging that Bailey and the alternate juror had
an intimate relationship during the McVeigh trial and that Bailey
attempted to influence the outcome of the trial by persuading this
juror of McVeigh's guilt.  As a result of these anonymous facsimiles,
the U.S. Marshals Service and the McVeigh trial judge investigated
whether or not any improprieties had occurred between Bailey and any
of the McVeigh jurors.

In Count One, the indictment charges that Bailey lied to his
supervisor, the United States Marshal for the District of Colorado,
when he falsely denied having had an intimate relationship with any
McVeigh juror at any time.   In Count Two of the indictment, Bailey
is charged with committing perjury when, during a hearing conducted
by the trial judge, Bailey lied under oath about his contacts with
the alternate juror in question.
The investigation, conducted by the Office of the Inspector General,
found no evidence of improper contacts with the McVeigh jury during
either the trial or jury deliberations.  Rather the indictment
charges Bailey with lying about a relationship with an alternate
juror after the trial.  The juror did not deliberate or participate
in the verdict in any way.  The full results of this investigation
were provided to the Court, as well as to McVeigh and his counsel.
Prior to McVeigh's execution, after reviewing these results, the
Court determined that there were no grounds for concluding that the
verdict in the McVeigh case had been improperly influenced or
affected.

The case was investigated by the Office of the Inspector General, and
is being prosecuted by the Public Integrity Section of the United
States Department of Justice.

### 02-103

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