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Nichols wants charges dropped in state bombing trial

June 15, 2000
Web posted at: 11:17 a.m. EST (1517 GMT)

OKLAHOMA CITY -- Oklahoma City bombing conspirator Terry Nichols is asking a judge to dismiss state murder charges connected to the bombing.

Nichols is charged with 160 counts of first-degree murder for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. He also faces one count of manslaughter for the death of an unborn baby whose mother was killed, one count of conspiracy to commit murder and one count of placing a substance or bomb near a public building. Prosecutors say they will seek the death penalty.

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Nichols' attorney argues that it is unconstitutional to try him in Oklahoma because he has already been tried and convicted of federal charges related to the bombing. The defense also argues that the double jeopardy guarantee prohibits the state from seeking the death penalty.

Oklahoma County Prosecutor Bob Macy says he can try Nichols because the federal charges only covered the deaths of eight federal agents killed in the blast. 168 people were killed in the bombing.

Nichols was convicted in federal court of eight counts of involuntary manslaughter and one count of conspiracy to use a weapon of mass destruction. He is now serving a life sentence in Colorado.

Terry Nichols faces 160 counts of first-degree murder in the bombing of the Alfred P. Murrah Federal Building

Nichols's co-defendant Timothy McVeigh was convicted of federal murder charges and sentenced to death.

National Correspondent Tony Clark contributed to this report.

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