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Thank you.

April 25, 1997

Thank you.

Thank you, your honor.

JUDGE: Mr. Hartzler.

Members of the jury, as I already explained, opening statement is not evidence in the case. Mr. Hartzler has outlined what the government intends to prove; and of course, the government has the burden of proof. It is not up to the defendant to _ in the case to offer any evidence or to prove anything, and neither is it required of counsel for the defendant to make any opening statement.

JUDGE: All right. If you’ll tell us when is a convenient place to interrupt for the recess, that’s what we’ll do.

JONES: Thank you, your honor.

JUDGE: Do you want to stand up and take a little stretch, members of the jury, while we’re adjusting the lectern? We’ll let you do it.

JONES: May it please the court ...

JUDGE: Mr. Jones.

JONES: Special attorney to the United States Attorney General, Mr. Hartzler, and to Mr. Ryan, the United States Attorney for the Western Judicial District of Oklahoma and to Mr. Timothy McVeigh, my client, I have waited two years for this moment to outline the evidence to you that the government will produce, that I will produce, both by direct and cross-examination, by exhibits, photographs, transcripts of telephone conversations, transcripts of conversations inside houses, videotapes, that will establish not a reasonable doubt but that my client is innocent of the crime that Mr. Hartzler has outlined to you.

And like Mr. Hartzler, I begin where he began. As he said, it was a spring day in Oklahoma City. And inside the office of the Social Security Administration located in the Alfred P. Murrah Building, named after a distinguished chief judge of the United States Court of Appeals for the Tenth Circuit, a young black woman named Dana Bradley was feeling the atmosphere a little stuffy and warm; so she left her mother, her two children, and her sister in line and she wandered out into the lobby of the Alfred P. Murrah Building. And as she was looking out the plate glass window, a Ryder truck slowly pulled into a parking place and stopped. She didn’t give it any particular attention until the door opened on the passenger side, and she saw a man get out.

Approximately three weeks later, she described the man to the Federal Bureau of Investigation agents, as indeed she did to us and to others, as short, stocky, olive-complected, wearing a puffy jacket, with black hair, a description that does not match my client. She did not see anyone else.

She saw this individual pause briefly, walk to what she thought might be the back of the truck, and walk away.

She turned around and went back in the Social Security office; and then in just a matter of moments, the explosion occurred. It took the life of her mother and her two children and horribly burned her sister. She is not a witness for the defense.

And that night, approximately 12 hours later, almost to the minute, somewhere between 50 and 100 million people throughout the world, courtesy of CNN, watched physicians crawl through the rubble of the Murrah Building and amputate this woman’s life _ this woman’s leg in order that her life might be saved and she could be extricated from the rubble.

In addition to the members of her family who died that morning, the bomb claimed Charles E. Hurlburt; John Karl Vaness, III; Anna Jean Hurlburt; Donald Lee Fritzler; Eula Leigh Mitchell; Donald Earl Burns, Sr.; Norma Jean Johnson; Calvin C. Battle; Laura Jane Garrison; Burl Bloomer; Luther Treanor; Rheta Long; Juretta Colleen Guiles; Robert Glen Westberry; Carolyn Ann Kreymborg; Leora Lee Sells; Mary Anne Fritzler; Virginia Mae Thompson; Peola Y. Battle; Peter Robert Avillanoza; Richard Leroy Cummins; Ronald Vernon Harding; LaRue Ann Treanor; Ethel Louise Griffin; Antonio C. Reyes; Thompson Eugene Hodges, Jr.; Junior Justes; Margaret Goodson; Oleta Christine Biddy; David Jack Walker; James Anthony McCarthy; Carol L. Bowers; Linda Coleen Housley; John Albert Youngblood; Robert Nolan Walker, Jr.; Thomas Lynn Hawthorne, Sr.; Dolores Marie Stratton; Jules Valdez; John Thomas Stewart; Mickey Bryant Maroney of the Secret Service, who had guarded presidents; John Clayton Moss, III; Carole Sue Khalil; Emilio Rangel; James Everette Boles; Donald R. Leonard of the Secret Service; Castine Deveroux; Clarence Eugene Wilson; Wanda Jean -- Wanda Lee Watkins; Michael Lee Loudenslager; Carrol June Fields; Frances Ann Williams; Claudine Ritter; Ted Allen; Linda McKinney; Trish Nix; Betsy McGonnell; David Burkett; Michael George Thompson; Catherine Mary Leinen; Sharon Louise Wood Chesnut; Ricky Lee Tomlin, from my hometown of Enid; Larry James Jones; Richard Arthur Allen; Harley Richard Cottingham; Lanny Lee David Scroggins; George Michael Howard; Jerry Lee Parker; Judy Joann Fisher; Diane Althouse; Mike Weaver; Robert Lee Luster, Jr.; Peter DeMaster; Katherine Ann Finley; Doris Adele Higginbottom; Steven Douglas Curry; Michael Joe Carrillo; Cheryl Hammon, Aurelia Luster and Linda Florence of the credit union; Claudette Meek; William Williams; Johnny Wade; Larry Turner; Brenda Daniels; Margaret Spencer; Paul Broxterman; Paul Ice; Woody Brady; Claude Medearis; Teresa Lauderdale;

Terry Rees; Alan Whicher; Lola Bolden; Kathy Seid l; Kimberly Clark; Mary Rentie; Diana Day; Robin Huff; Peggy Holland; Victoria Texter and Susan Jane Ferrell of Chandler, Oklahoma; Kenneth Glenn McCullough; Victoria Sohn; Pamela Argo; Rona Chafey; Jo Ann Whittenberg; Gilbert Martinez; Wanda Howell; Sandy Avery; James Kenneth Martin; Lucio Aleman, Jr.; Valerie Koelsch; Teresa Alexander; Kim Cousins; Michelle Reeder; Andrea Blanton; Karen Carr; Christi Jenkins; Jamie Genzer; Ronota Ann Woodbridge; Benjamin Davis; Kimberly Burgess; Tresia Jo Mathes-Worton; Mark Allen Bolte; Randolph Guzman; Sheila Driver; Karan Shepherd; Sonja Sanders; Derwin Miller; Jill Randolph; Carrie Lenz; Cynthia Lynn Campbell Brown; Cassandra Booker; Shelly Bland; Scott Williams; Dana Cooper; Julie Marie Welch; Frankie Ann Merrell; Christine Nicole Rosas; Lakisha Levy; Cartney McRaven; Aaron Coverdale; Ashley Megan Eckles; Zackary Taylor Chavez; Kayla Marie Haddock; Peachlyn Bradley; Chase Dalton Smith; Anthony Chri stopher Cooper, II; Colton Smith; Elijah Coverdale; Dominique R. London; Baylee Almon; Jaci Rae Coyne; Blake Ryan Kennedy; Tevin Garrett; Danielle Nicole Bell; Tylor Eaves; Antonio Cooper, Jr.; Kevin Lee Gottshall, II, and Gabreon Bruce.

For those of us from Oklahoma, the bombing of the Alfred P. Murrah Building is the event by which we measure time. It is to my generation in Oklahoma what Pearl Harbor was to my mother and father’s generation.

And on the morning that Mr. Hartzler described, the proof will show that when the fire department arrived, the smoke was so black that at first they thought it was the Walter _ the Water Resources Board across the street that had been destroyed, because the smoke hid the fact that the entire front and the roof of the Murrah Building was gone. And it was three or four minutes before the captain on duty realized as the smoke began to clear that the real catastrophic event was behind him. And the Oklahoma City fire department moved to a second, third, fourth, fifth, sixth alarm.

That is the Oklahoma City bombing. You have been empowered to determine whether the allegations made by the government against my client are true; that is to say, whether he is guilty or not guilty.

Mr. Hartzler has outlined to you this morning the government’s case, the evidence, or at least some of it, which he hopes to prove. The judge has told you that that is not evidence itself, what he says; and certainly what I say is not evidence. Rather, he and I are trying to put together pieces of a puzzle so that you may look at the puzzle and see whether, in fact, the pieces justify the way that we say they come together.

In reviewing the evidence in this case and in the proof that will come, you know, and certainly it will be in evidence, that this was the largest domestic terrorism act in the history of this country. The president of the United States and the Attorney General of the United States went on nationwide television within hours after the bombing. The president came to Oklahoma City for the memorial funeral service at which 12,000 people attended. The federal government offered a $2 million reward for information leading to the arrest and conviction of those involved.

And I think it fair to say that this was the largest criminal investigation in the history of this country.

The question is did they get the right man.

Many of the witnesses that Mr. Hartzler said would testify will tell you that though they have spent many, many _ in some cases dozens of hours _ talking with the ladies and gentlemen at the prosecution table and with the FBI and with newspapers from around the world and television networks, they have never talked to us. So in some cases, we will be asking them questions to find out for the first time; and we will ask them about these conversations that occurred over so many hours and so many days with the prosecution. I believe that when you see the evidence in this case, you will conclude that the investigation of the Alfred P. Murrah Building lasted about two weeks. The investigation to build the case against Timothy McVeigh lasted about two years. But within 72 hours after suspicion first centered on Mr. McVeigh, we will prove to you that even then, the government knew, the FBI agents in the case, that the pieces of the puzzle were not coming together; that there was something terribly wrong, something missing. And as Paul Harvey says, our evidence will be the rest of the story.

So let me begin first with Timothy McVeigh. The evidence in this case, probably from the government as well as form the defense, will show that yesterday, he turned 29 years old, as I think Mr. Hartzler has already made some reference to; for he was born on April 23, 1968 in Lockport, N.Y., son of William and Mildred McVeigh; and as Mr. Hartzler has indicated to you, he has a sister, Jennifer, younger by six years, and an older sister, Patricia, older by two years. Tim’s dad, Bill McVeigh, had been an auto worker since 1963 and his mother, Micki, worked at various jobs, including most frequently as a travel agent.

Their parents were separated in June of 1984, when Tim was 16 years old, and they were divorced in March of 1986. Tim continued to live in the family home with his father, Bill. He grew up in upstate New York. Witnesses will tell you that he started the first grade in September of 1974 in Lockport, N.Y., a small town just outside of Buffalo.

He continued through all of his schooling at Lockport. He made good grades except perhaps in his senior year _ in fact, well above average grades. He got a honor pass award, which is reserved for students who exhibited above average academic performance and initiative, in his senior year; and when he graduated from the Star Point High School in Lockport in June of 1986, he had a small regents’ scholarship to a state university in New York; but he didn’t go to college.

He first started working at Burger King in the fall of 1986, until the spring of 1987. Then he switched jobs and went to work as an armored car driver for Burke’s Security in Buffalo from the spring of 1987 to the spring of 1988. It was during that period of time that he knew and was well acquainted with some of the people that Mr. Hartzler mentioned to you, friends of his, like Mr. Darlak that he grew up with in upstate New York.

Then he went to work at the Burns International Security Service, March of 1992. He had a supervisory position there, and he left it in January of 1993. He came to Arizona, where his friends Mike and Lori Fortier lived; and Tim worked at the TruValue Hardware store in Kingman beginning in 1993 and again as a security guard at State Security during the same period of time. And then he went to work, so to speak, on his own, buying and selling and trading weapons at the numerous gun shows held throughout the country, of which there are probably anywhere from 2- to 3,000 a year.

But in May of 1988, he entered the armed services and stayed there until December of 1991, in the United States Army. After Fort Benning, his permanent station duty was Fort Riley, Kan. And there he became a gunner for a Bradley fighting vehicle and repeatedly throughout his Army service, as his friends will testify here, he achieved a top gun ranking.


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