OKC District Attorney Off Nichols Case

O K L A H O M A   C I T Y, Oct. 16, 2000 -- Oklahoma County District Attorney BobMacy’s office today was disqualified from prosecuting bombing conspiratorTerry Nichols by a state district judge who ruled thatpublished comments Macy made were “blatant open violations of therules of professional conduct.”

“There was a blatant violation of the rules of professionalconduct by a man I have known for over 40 years,” state DistrictJudge Ray Dean Linder ruled following a daylong hearing in whichwitnesses, including law professors, testified that Macy’s remarkscould prevent Nichols from getting a fair trial.

“One hundred percent compliance with the rules is not onlynecessary, it’s demanded,” Linder said.

Emotional Conflict of Interest

Nichols’ lawyers argued today thatthe district attorney is too emotionally involved in the OklahomaCity bombing case and should be disqualified from prosecutingNichols. The lawyers said Macywas friends with some of the victims and helped in the rescueefforts after the April 19, 1995, attack on the Alfred P. MurrahFederal Building that killed 168 people.

“Because of that intense, emotional involvement, Mr. Macy has aconflict of interest,” attorney Barbara Bergman said during a hearing. Greg O’Meara, a lawyer who has served as an ethics coach forprosecutors, testified today that Macy himself can be viewed as avictim since the blast damaged the district attorney’s office.

“Mr. Macy, I believe, has a conflict of interest in this case,”O’Meara said. “You think like a victim of a crime. You think thatsomeone has to pay for this.”

Sanctions SoughtDefense attorneys also sought to sanction Macy forallegedly violating a gag order when he talked about the deathpenalty to CBS last April.

“You should have been down there the first four or five days,”Macy said in the interview. “There would be no question in yourmind. … I’ve sent several people to death row for killing oneperson. I certainly feel that death would be the appropriatepunishment for killing 19 babies.”

Linder ruled Macy violated the gag order, but refused to sanction him.

Nichols, 45, was sentenced to life in prison after his federalconviction on charges of manslaughter and conspiracy involving theeight federal agents killed in the explosion. In the state’s case,he faces 160 murder counts.

Separately, a federal jury convicted Timothy McVeigh on murderand conspiracy charges in the bombing. He is awaiting execution.

The Oklahoma district attorney’s office say it plans to appeal Linder’s ruling.