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The People V. Timothy McVeigh

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Many of the 3,135 documents the FBI failed to turn over to McVeigh's lawyers came from the early stages of the investigation, when the bureau was pursuing leads about McVeigh's possible accomplices. According to present and former Justice and FBI officials, the documents are mostly "negative reports"--leads that didn't pan out. Many were tips from people saying that they recognized the so-called John Doe No. 2, whose composite sketch, based on a grainy photograph taken from a bank camera near the Murrah Federal Building, had been released by the FBI. Before the trial, several witnesses told prosecutors they saw a possible accomplice, described as being in his late 20s with a medium build and straight black hair, with McVeigh in the days before the bombing. If the new documents point to the existence of such a figure, McVeigh's lawyers might argue that it was this individual who was primarily responsible--and seek a new trial.

--Could McVeigh or Nichols get a new trial?

Legal experts say that considering McVeigh's admission of guilt, it would be unlikely for a court to grant a new trial, even if the new documents prove central to the case. Terry Nichols, on the other hand, has maintained his innocence. At trial he was convicted by a confused jury that found him guilty of involuntary manslaughter, which means he did not intend to kill, and conspiracy, which means he did. The jury deadlocked at sentencing, so it was Judge Matsch who sentenced Nichols to life without parole. Nichols' lawyers say evidence pointing to the involvement of others could exonerate him. But last year a federal appeals panel denied a similar motion for a new trial, ruling that the outcome of the case would not have changed.

--By Andrew Goldstein


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