-Caveat Lector- Monday, March 26, 2001 Ex-McVeigh Attorney May Testify <http://news.findlaw.com/ap/o/1110/3-26-2001/20010326154803780.html> OKLAHOMA CITY (AP) _ Timothy McVeigh's former lead trial lawyer said he is willing to testify against Oklahoma City bombing co-conspirator Terry Nichols if McVeigh tries to take sole responsibility for the deadly attack. Stephen Jones spoke to The Sunday Oklahoman about his concerns over an upcoming biography, "American Terrorist: Timothy McVeigh and the Oklahoma City Bombing," which he expects will play down Nichols' role in the April 1995 bombing that killed 168 people. If prosecutors subpoena him in the pending state murder case against Nichols, Jones said, he would not object. Nichols already has been convicted in a federal trial of the bombing conspiracy. "I would say that any statement that Tim McVeigh acted alone is false. I will answer any questions put to me," Jones said. Jones said he has not read the biography, which was written by two reporters who spent 75 hours with McVeigh. But he told the Oklahoman that he believes the book, due out next week, will claim "that no one else was criminally involved, specifically Michael Fortier and Terry Nichols, and that if they did anything to assist it was only because they were duped or manipulated ... or they didn't know what they were doing." Attorneys for Nichols are aware of the new book and may seek a videotaped statement from McVeigh to use on Nichols' behalf in his state murder trial, the newspaper reported. McVeigh is scheduled to be executed in May. Nichols has already been convicted in federal court of conspiracy and sentenced to life. Fortier pleaded guilty to failing to report bombing scheme and lying to investigators and is serving a 12-year sentence. Jones said he believes usual attorney-client privilege _ which prohibits attorneys from disclosing what defendants tell them _ no longer applies in the case. McVeigh had a falling-out with Jones after the 1997 federal trial and last year sought a new trial on grounds that Jones was incompetent and unethical. Jones said McVeigh gave up the right to confidentiality by making the attack. "I felt my work spoke for myself and I didn't need to defend myself. This is different. ... It is an attempt to influence judicial proceedings by making false statements to reporters who will repeat those false statements. "If I remain silent, my silence could be taken ... as condoning what he has said and I can't do that," Jones said. "McVeigh is putting me in that position," Jones said. "He has waived the attorney-client privilege. I'm just any other citizen served a subpoena." Meanwhile, in a series of letters to be published in the May issue of Esquire magazine, McVeigh berates Oklahoma County District Attorney Bob Macy for continuing to pursue state charges after the federal trial and describes bombing survivors as the "'woe-is me' crowd." "I am so sick of hearing 'Bozo' brag about how he's going to press state charges," he wrote in a letter on April 2, 1998. "He is really milking it for all it's worth, and the taxpayers of Oklahoma are the ones who will end up sucked dry. Macy is a punk. "Listen ... I have nothing against the citizens of Oklahoma (except the continuing 'woe-is-me' crowd), and I hate to have to use them as 'funding pawns' in a game with Macy and I _ but if Macy persists, I will engage him." McVeigh also calls the FBI "wizards at propaganda," saying agents manipulated the facts of the fire that killed members of the Branch Davidian sect near Waco, Texas, in 1993. Prosecutors have said the bombing, which happened on the second anniversary of the fire, was in part a retaliation for it. "The public never saw the Davidians' home video of their cute babies, adorable children, loving mothers, or protective fathers," McVeigh wrote in one letter. "... Therefore, they didn't care when these families died a slow, torturous death at the hands of the FBI." The letters, none of which directly addressed the Oklahoma City bombing, were part of McVeigh's two-year correspondence with Phil Bacharach, former reporter for the Oklahoma Gazette. The reporter said it was an unwritten rule that he never asked McVeigh about his role in the attack. <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! 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