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McVEIGH'S SECOND TRIAL
 (Part I)

[This material is copyrighted]

Devvy Kidd                                                                                     June 25, 2001

     "Tim who?"

     This is the mantra coming from Oklahoma City and widely hawked by the compromised
     media. Unfortunately, it isn't so simple. I won't even insult the families and survivors of the Oklahoma
     City bombing by saying how much I feel their pain. I can imagine what it's been like having worked this
     story for the past six years. However, because my daughter, mother, sisters, brothers, husband, cousins
     are all still alive, no, I don't really know what it's like.

     The survivors and families say that too much time and attention has been given to McVeigh, we should
     think about the victims. I have, each and every time I work this cover-up. It is because 168 Americans
     were slaughtered, because so many survivors are forever scarred or disabled, because so many families
     have suffered so much, that we must find everyone who was responsible and see that they are prosecuted
     to the fullest extent of the law. Additionally, we should all be concerned that justice has been fairly and
     honestly administered.

     I am sorry that I have to do one final piece on this mass murder. However, I decided I would make one
     more attempt to bring forth the problem with the "McVeigh lone bomber/mastermind" theory. Again,
     this is not a defense of the now deceased Timothy James McVeigh. This is not an attempt to prove him
     innocent of any wrong doing. He was supposed to be presumed innocent when his trial started. That was
     an impossibility from the beginning and anyone who thinks unconstitutionally moving the trial to Denver,
     CO., would make any difference, does so because it makes them feel "the system worked."

     On April 24, 1997, after the legal dance rules were set forth for McVeigh's trial, federal prosecutor
     Joseph H. Hartzler, stating the following:

     "Charge 1 -- or Count 1 charges that Timothy James McVeigh and Terry Lynn Nichols conspired together
     and with others not named in the indictment to use a truck bomb to destroy the Alfred P. Murrah Building
     in Oklahoma City and to kill and injure the persons in it."

     Hartzler was right, there were others - others the government has never made any attempt to find.
     Unfortunately, as much as the people in OKC wish they would never have to hear "Tim McVeigh" again,
     I'm afraid that's not going to be possible for awhile. The truth must be uncovered and even though Tim
     McVeigh has now been silenced by execution, he was only a part of the puzzle, not the whole story. I doubt
     many of the survivors and family members of victims read my web site, but they will probably hear
     McVeigh's name for some time to come. Terry Lynn Nichols will be tried on state murder charges down
     in OKC and inevitably, McVeigh's name will surface.

     We all wish these good, decent people didn't have to endure this any longer, but I'm afraid it will be that
     way out of necessity in the search for the guilty.

     Having said all that, I decided to do this final piece in a different format. I've already posted four pieces
     over the past five weeks. It is clear that the government has documents and video material being
     suppressed. That there is a cover-up, there can be no doubt. Is there any way to get questions
     answered? Yes, there are still a few avenues left.

     This final in-depth piece is going to be what I will call "McVeigh's Second Trial." I would ask you to bear
     with me through this whole process. I'm doing this in a rather unorthodox manner, but there is a reason.
     We will begin with the crime scene right up to McVeigh's execution. I will also address our "soldier's
     confession," as it begs for comment. It may not seem important to many, but it is very important and I'm
     going to give you my opinion as to why. You can make up your own mind.

     There are a million looney, conspiracy theories about this bombing and Tim McVeigh. I sincerely hope
     this final piece in my series helps to sort out the serious questions from the silliness floating around
     cyber-space by people who think nothing of copying material they never bother to verify or check in any
     way and then send around the world. I see this every day of the week on the Internet and all it does is
     take away people's credibility. If you don't have time to check facts, don't hit the send button. If you're
     speculating, theorizing or just giving your opinion, make that clear at the beginning.

     I have said it before and I'll say it again: I don't know all there is to know about this bombing, no one
     does at this point except the guilty. But, we have to try to get to the truth. I have added italics to words
     or phrases because of their importance in analyzing. I did not note any italics or words singled out in
     "bold" in the trial transcripts.

     McVeigh was tried, unlawfully, in the State of Colorado. Let me quote an outstanding researcher who is
     thorough and has a concise understanding of the U.S. Constitution, Jon Roland:

     "McVeigh was prosecuted, for the deaths of eight federal agents, under a statute that cites as its authority
     the Commerce Clause. Essentially, McVeigh was tried and executed for "having a substantial effect on
     interstate commerce". The Founders never intended the federal government to have such authority. Too
     many people today don't seem to care, but none of our rights are secure if government is not held to the
     strict limits of the Constitution." (June 12, 2001)

     Would someone please explain to me how these illiterate buffoons and corrupt scavengers in the U.S.
     Congress could pass yet another law that gives them the jurisdiction to try any sovereign citizen of any
     sovereign state for murder under the interstate commerce clause of the U.S. Constitution? What does
     the bombing of a federal building have to do with "having a substantial effect on interstate commerce?"
     Why, it's simply insane and yet, the cattle and goats grazing out there in America not only pay no
     attention to what this government is doing, they're too dumbed down to even understand simple
     concepts such as freedom, liberty and constitutional constraints.

     McVeigh is going to get a second trial of sorts. I'm going to use the transcripts from his trial, both from
     the prosecution and McVeigh's first trial counsel, Stephen Jones. References to the actual trial transcripts
     will be used throughout this piece so that you, the juror, may check the accuracy of excerpts from the
     trial I use. Part V is a list of more links to more pictures I have found that I think you will find interesting.
     I have found more photos of the crime scene that tell a great deal. There are also photos of McVeigh
     going to and at Tinker AFB. At the conclusion of my "closing remarks" I will be asking questions of you,
     the jury.

     I am not a lawyer. I have no formal legal training. However, just because someone doesn't have all the
     legal training in procedures for the courtroom and filing of motions, etc., doesn't mean an average,
     ordinary person like myself can't read, understand and attempt to evaluate a problem using common
     sense. Even if I were a lawyer, the government is still hiding facts and evidence, so I doubt it would make
     much difference for the sake of this exercise. Besides, isn't this what juries all across America are asked
     to do every day when called up for jury duty? Read, understand and attempt to evaluate the witnesses
     and evidence?

     I have worked this murder for over six years now and have followed every bit of information and legal
     proceeding very carefully. Everything in my "closing argument" phase of this trial #2 was known to the
     defense at the time of McVeigh's real trial. I say that without reservation since I am one of so many (I lived
     in the Denver area during the first trial) who provided Stephen Jones' office with raw video material and
     documents.

     The opening statements (prosecution and defense) from McVeigh's first trial are important and therefore
     are reproduced here in their entirety.

     Opening Statement of Joseph P. Hartzler for the government is below. It's long, but you will see how the
     government deliberately set about to fabricate a mountain of emotion and backed it up with such a flimsy
     case, one wonders how Jones (the defense) could screw up so bad. Again, please don't misconstrue my
     statement as a defense of McVeigh of any crimes he may or may not have committed. I want you to
     decide the extent of McVeigh's culpability based on the facts entered in evidence (and not entered), not
     wishful or prejudiced thinking.

     For those of you who feel the truth was printed in the book, American Terrorist, which conveniently came
     out right before McVeigh's first scheduled execution, May 16, 2001, let me give you a little reality check
     about the author Dan Herbeck. He called Gen. Ben Partin after the book had obviously gone to press
     and asked Ben some questions. When Ben began explaining the scientific impossibility of a "crude truck
     bomb" destroying the Murrah Building, Herbeck became testy on the phone and said he didn't want to
     discuss that.

     He also admitted to Ben that he never personally interviewed McVeigh. Folks will remember seeing both
     Herbeck and his sidekick, Lou Michel, all over the talk show circuit state that they had spent 75 hours
     with McVeigh at the prison in Terra Haute. It appears this is a bald faced lie, so how much credence can
     you put in their book? I place none. Herbeck and Michel claim in their book that the "truck bomb" was
     7,000#. Really? The FBI's OIG (Federal Bureau of Investigation, Office of the Inspector General) can't
     even tell you the correct amount, where did these two "journalists" come up with that figure? From
     McVeigh? Sure and they should be kissing the blarney stone sometime soon.

     Our legal process is precious, but it has also been distorted and corrupted for political expediency. One
     must understand this and understand that any one of us could end up like Tim McVeigh or Mrs. Stella
     Nickell. See:

     http://www.devvy.com/lappin_20010607.html).

     As for McVeigh's guilt, a friend of mine believes without reservation that "McVeigh was physically there,
     but not criminally there." I suggest, if anyone can actually put McVeigh in front of the Murrah Building that
     morning, that it's very possible the yellow Ryder truck had no explosives in it. Or, even if anyone can
     actually put McVeigh in front of the Murrah Building that morning and if a truck bomb was used, McVeigh
     was executed for killing a dead building or a building that would be dead within ten seconds. I'm afraid
     people are going to be horrified by what they read in this piece.

                                              * * *

     Ladies and Gentlemen of the jury. My name is Devvy Kidd and I wish to present to you my closing
     arguments in the case of United States vs. Timothy James McVeigh. I would like you to consider the
     opening statements of both the prosecution and defense during McVeigh's first trial. I warn you ahead of
     time: Only a brick or piece of stone won't cry their eyes out over what you will read during this trial.
     You will be deeply touched at the pain and understand the anger and hatred towards the defendant.

     But, you are here to judge the facts and evidence, not the emotion. If that sounds cold, it surely is not
     meant to be, for my heart has bled each and every time I have seen all the photos you have not, and read
     the pain of the victim's families and survivors. I am a mother, a wife, a sister, an aunt. But for the grace of
     God, I could be one of the witnesses you will read about or one of the victims had I been in the wrong
     place at the wrong time. I can only ask you give this your most earnest consideration for the sake of truth
     and justice. This is all one can ask of a jury: please judge the facts and the evidence, not the emotion,
     difficult though that may be.

     In the United States District Court for the District of Colorado

     Criminal Action No. 96-CR-68

     United States of America, Plaintiff, vs

     Timothy James McVeigh, Defendant

     Hartzler's opening statement:

     (http://www.cnn.com/US/9703/okc.trial/transcripts/April/042497.txt)

     OPENING STATEMENT

     MR. HARTZLER: Thank you, your Honor.

     May it please the Court . . .

     THE COURT: Counsel.

     MR. HARTZLER: Ladies and gentlemen of the jury, April 19, 1995, was a beautiful day in Oklahoma City
     -- at least it started out as a beautiful day. The sun was shining. Flowers were blooming. It was springtime
     in Oklahoma City. Sometime after six o'clock that morning, Tevin Garrett's mother woke him up to get
     him ready for the day. He was only 16 months old. He was a toddler; and as some of you know that have
     experience with toddlers, he had a keen eye for mischief. He would often pull on the cord of her curling
     iron in the morning, pull it off the counter top until it fell down, often till it fell down on him.

     That morning, she picked him up and wrestled with him on her bed before she got him dressed. She
     remembers this morning because that was the last morning of his life.

     That morning, Mrs. Garrett got Tevin and her daughter ready for school and they left the house at about
     7:15 to go downtown to Oklahoma City. She had to be at work at eight o'clock. Tevin's sister went to
     kindergarten, and they dropped the little girl off at kindergarten first; and Helena Garrett and Tevin
     proceeded to downtown Oklahoma City.

     Usually she parked a little bit distant from her building; but this day, she was running a little bit late, so
     she decided that she would park in the Murrah Federal Building. She did not work in the Murrah
     Building. She wasn't even a federal employee. She worked across the street in the General Records
     Building.

     She pulled into the lot, the parking lot of the federal building, in order to make it into work on time; and
     she went upstairs to the second floor with Tevin, because Tevin attended the day-care center on the
     second floor of the federal building. When she went in, she saw that Chase and Colton Smith were
     already there, two year old and three year old. Dominique London was there already. He was just shy of
     his third birthday. So was Zack Chavez. He had already turned three.

     When she turned to leave to go to her work, Tevin, as so often, often happens with small children, cried
     and clung to her; and then, as you see with children so frequently, they try to help each other. Little --
     one of the little Coverdale boys -- there were two of them, Elijah and Aaron. The youngest one was two
     and a half. Elijah came up to Tevin and patted him on the back and comforted him as his mother left.

     As Helena Garrett left the Murrah Federal Building to go to work across the street, she could look back
     up at the building; and there was a wall of plate glass windows on the second floor. You can look
     through those windows and see into the day-care center; and the children would run up to those
     windows and press their hands and faces to those windows to say goodbye to their parents. And standing
     on the sidewalk, it was almost as though you can reach up and touch the children there on the second
     floor. But none of the parents of any of the children that I just mentioned ever touched those children
     again while they were still alive.

     At nine o'clock that morning, two things happened almost simultaneously. In the Water Resources
     Building -- that's another building to the west of the Murrah Building across the street -- an ordinary legal
     proceeding began in one of the hearing rooms; and at the same time, in front of the Murrah Building, a
     large Ryder truck pulled up into a vacant parking space in front of the building and parked right beneath
     those plate glass windows from the day-care center.

     What these two separate but almost simultaneous events have in common is that they -- they both
     involved grievances of some sort. The legal proceeding had to do with water rights. It wasn't a legal
     proceeding as we are having here, because there was no court reporter. It was a tape-recorded
     proceeding, and you will hear the tape recording of that proceeding. It was an ordinary,
     everyday-across-America, typical legal proceeding in which one party has a grievance and brings it into
     court or into a hearing to resolve it, to resolve it not by violence and terror but to resolve it in the same
     way we are resolving matters here, by constitutional due process.

     And across the street, the Ryder truck was there also to resolve a grievance; but the truck wasn't there
     to resolve the grievance by means of due process or by any other democratic means. The truck was
     there to impose the will of Timothy McVeigh on the rest of America and to do so by premeditated
     violence and terror, by murdering innocent men, women and children, in hopes of seeing blood flow in
     the streets of America.

     At 9:02 that morning, two minutes after the water rights proceeding began, a catastrophic explosion
     ripped the air in downtown Oklahoma City. It instantaneously demolished the entire front of the Murrah
     Building, brought down tons and tons of concrete and metal, dismembered people inside, and it
     destroyed, forever, scores and scores and scores of lives, lives of innocent Americans: clerks,
     secretaries, law enforcement officers, credit union employees, citizens applying for Social Security, and
     little kids.

     All the children I mentioned earlier, all of them died, and more; dozens and dozens of other men,
     women, children, cousins, loved ones, grandparents, grandchildren, ordinary Americans going about
     their business. And the only reason they died, the only reason that they are no longer with us, no longer
     with their loved ones, is that they were in a building owned by a government that Timothy McVeigh so
     hated that with premeditated intent and a well-designed plan that he had developed over months and
     months before the bombing, he chose to take their innocent lives to serve his twisted purpose.

     In plain, simple language, it was an act of terror, violence, intend -- intended to serve selfish political
     purpose.

     The man who committed this act is sitting in this courtroom behind me, and he's the one that committed
     those murders.

     After he did so, he fled the scene; and he avoided even damaging his eardrums, because he had earplugs
     with him.

     Approximately 75 minutes later, about 75 miles north of Oklahoma City, the exact distance from
     Oklahoma City that you could drive in that time if you had been at the scene of the crime, the exact
     distance -- he was at the mile marker that you would reach between the time of the bombing and the
     time he was arrested if you were driving at normal speed limit. He was arrested driving toward
     Oklahoma City, leaving -- I'm sorry, driving towards Kansas, leaving Oklahoma City. And in his pocket at
     that time were a set of earplugs, the type that would be worn to protect your ears from a loud noise.
     And on his clothing, an FBI chemist later found residue of explosives, undetonated explosives, not the
     kind of residue that would detonate in the course of the explosion but the kind of explosives you would
     have on your clothing if you had made the bomb, which is what he did.

     And the T-shirt he was wearing virtually broadcast his intention. On its front was the image of Abraham
     Lincoln; and beneath the image was a phrase about tyrants, which is a phrase that John Wilkes Booth
     shouted in Ford's Theater to the audience when he murdered President Lincoln. And on the back of
     T-shirt that McVeigh was wearing on that morning, the morning of bombing, the morning that he was
     arrested, was this phrase: It said, "The tree of liberty must be refreshed from time to time with the blood
     of patriots and tyrants." And above those words was the image of a tree. You'll see that T-shirt; you'll see
     the tree; you'll see the words beneath the tree, and you'll notice that instead of fruit, the T-shirt -- the
     tree on the T-shirt bears a depiction of droplets of scarlet-red blood.

     Found in the police car after McVeigh's arrest was a crumpled-up business card from a military supply
     company. McVeigh had written a note on that card, and the card had McVeigh's fingerprint on it. And in
     McVeigh's handwriting, or hand-printing, really, on this card from the military supply company said, "TNT
     at $5 a stick. Need more. Call after May 1."

     Inside McVeigh's car, law enforcement agents later found a large sealed envelope. It contained writings
     and magazines from -- photocopies from magazines and from newspapers. You'll see all those documents
     in evidence, and they will give you a window into McVeigh's mind. And they'll enable you to see his
     intention, to know his premeditation, and to understand the twisted motive behind this deadly offense.

     To give you just two examples of the material you will see, enclosed in that envelope were slips of paper
     bearing statements that McVeigh had clipped from books and newspapers. And one of them was a
     quotation that -- from a book that McVeigh had copied. And it was a book that he had read and believed
     in like the Bible. The book is entitled The Turner Diaries. It's a fictional account of an attack on the federal
     government which is carried out with a truck bomb blowing up a federal building and killing hundreds of
     people. And the clipping that McVeigh had with him on this day of the bombing talks about the value of
     killing innocent people for a cause. It reads -- and he highlighted this -- "The real value of our attacks
     today lies in the psychological impact, not in the immediate casualties."

     Another slip of paper that he had in that envelope in his car bears a quotation from one of our founding
     fathers, one of the founding fathers who fought the British to establish democracy in America. The
     printed portion on that piece of paper reads, in part, "When the government fears the people, there is
     liberty." "When the Government fears the people, there is liberty." And hand-printed beneath those
     printed words, in McVeigh's handwriting, are the words -- it's printed above, and he had it like a bumper
     sticker, almost. He had printed beneath, "Maybe now there will be liberty."

     These documents are virtually a manifesto declaring McVeigh's intention.

     Everyone in this great nation has a right to think and believe, speak whatever they want. We are not
     prosecuting McVeigh because we don't like his thoughts or his beliefs or even his speech; we're
     prosecuting him because his hatred boiled into violence, and his violence took the lives of innocent men
     and women and children. And the reason we'll introduce evidence of his thoughts, as disclosed by those
     writings and others, is because they reveal his premeditation and his intent, and intent is an element of
     the crime that we must prove.

     As McVeigh was leaving the scene moments before the explosion, a maintenance man from an
     Apartment building in downtown Oklahoma City near the Murrah Building, about a block or so away,
     walked out the front door of the building to meet his wife and nephew. His nephew was a sixth grader
     sitting in the back seat of the man's red Ford Fiesta out in front of the apartment building where he
     worked. His wife had gone inside to get him, tell him that they were there. She walked back outside with
     her husband and he was standing at the side of his car, holding the door for his wife, when the force of
     the bomb nearly knocked him off his feet.

     At that moment, he was about at least more than a city block from the front door of the Murrah Building;
     and he heard a whirring sound, like the propeller of a helicopter, coming toward him. He pushed his wife
     quickly under the car to protect her as more than 250 pounds of twisted metal came crashing down onto
     his car. Fortunately, it landed on the hood of his car. It crushed the car, but his wife and his nephew
     survived.

     That huge piece of twisted metal had been at the center of the bomb. The force of the explosion had
     sent it whirling through the air for about 200 yards or more. That piece of twisted metal was the rear
     axle of a Ryder truck. It was a Ryder truck that Timothy McVeigh had rented two days before in Kansas.

     As his Honor told you, my name is Joe Hartzler. My colleagues and I represent the United States of
     America. In this case, we'll work together as a team. I'm not going to reintroduce everyone. Over the
     course of the next few weeks, you'll get to know us, I believe.

     As you see -- as you'll see, there was a lot of evidence against McVeigh. We'll present a lot of evidence
     against McVeigh. We'll try to make your decision ultimately easy. That's our goal.

     There are a number of us, but we won't stumble over each other. You'll see that each of us has a
     different role, presenting different segments and different types of evidence. We intend to do so fairly.

     When we're finished, we will have proven -- we will have proven to you beyond any reasonable doubt
     that Timothy McVeigh destroyed the Murrah Building and killed people inside by means of a huge
     fertilizer bomb built inside a Ryder truck.

     As it -- as it's turned out, the bombing in Oklahoma City was the first event in a series of events that
     would lead each of you to be in this courtroom today as jurors; but you'll learn as jurors that the
     bombing was a premeditated act. It was part of a plan that McVeigh set in action long, long before April
     19th , 1995. And that's why the evidence will take so much time, because we will go back, not from the
     beginning of time, but from a certain stage in McVeigh's life and walk through the various details of what
     he was doing and how it all fit into his plan to kill people in the Murrah Building.

     Timothy McVeigh grew up in upstate New York; and after high school, he joined the Army. He first
     went to Fort Benning in Georgia, and that's where he met Terry Nichols. They served in Fort Benning in
     the same platoon.

     After he and Nichols completed their basic training at Fort Benning, they were both sent to Fort Riley, in
     Kansas. They became friends, in part because they both shared a distaste for the federal government.

     McVeigh's dislike for the federal government was revealed while he was still in the Army. Even at that
     early time in his life, he expressed an enthusiasm for this book The Turner Diaries. And you will hear
     more about that book during this trial. It's a work of fiction, like I said. It follows the exploits of a group
     of well-armed men and women who call themselves "patriots," and they seek to overthrow the federal
     government by use of force and violence.

     In the book they make a fertilizer bomb in the back of a truck and they detonate it in front of a federal
     building in downtown Washington, D.C., during business hours and they kill hundreds of people.

     Friends, acquaintances, and family members of McVeigh will testify that he carried the book with him,
     gave copies to them, urged them to read this book.

     We will show you passages from the book, and you'll see how the bombing in the book served as a
     blueprint for McVeigh and for his planning and execution of the bombing in Oklahoma City.

     On April 19, 1993, that's four years ago, not -- the Oklahoma City bombing was two years ago -- but four
     years ago on the same day, April 19, 1993, there was another great tragedy in American history. It
     occurred at Waco, Texas. That's the day that many lives were lost when the Branch Davidian compound
     burned down. But it was more than just a tragedy to McVeigh. You'll hear testimony from McVeigh's
     friends that he visited Waco during the siege and that he went back after the fire and that he had already
     harbored a great dislike and distaste for the federal government. They imposed taxes and the Brady Bill,
     and there were various other reasons that he had disliked the federal government.

     But the tragedy at Waco really sparked his anger; and as time passed, he became more and more and
     more outraged at the government, which he held responsible for the deaths at Waco. And he told
     people that the federal government had intentionally murdered people at Waco, they murdered the
     Davidians at Waco. He described the incident as the government's declaration of war against the
     American people. He wrote letters declaring that the government had drawn, quote, "first blood,"
     unquote, at Waco; and he predicted there would be a violent revolution against the American
     government. As he put it, blood would flow in the streets.

     He expected and hoped that his bombing of the Murrah Building would be the first shot in a violent,
     bloody revolution in this country. As his hatred of the government grew, so did his interest in a
     knowledge of explosives.

     You'll hear that he and Terry Nichols had experimented with small explosives on Nichols' farm in
     Michigan. Later our evidence will prove that McVeigh graduated to larger bombs, and you'll hear about
     an incident that occurred just one year before the bombing in a desert in Arizona where he made and
     detonated a pipe bomb. He placed it near a large boulder in the desert, and he ran away as the pipe
     bomb exploded and cracked the boulder.

     You will see that he also educated himself about how to build bombs, particularly truck bombs, using
     ammonium nitrate fertilizer and some sort of fuel oil. And we'll explain to you how you can make a
     bomb from fertilizer and fuel oil, and of course that's consistent with the type of destructive device that
     was used in Oklahoma City.

     So The Turner Diaries was one of his favorite books where the heroes blow up the federal building with a
     homemade truck bomb, but he also obtained what was really a cookbook on how to make bombs. He
     order the book through the mail, we will show you; and the book is called Home Made C4. C4 is a type
     explosive. Some of you with military background know that.

     This book provides essentially a step-by-step recipe as to how to put together your own fertilizer
     fuel-based bomb. And the book even provides helpful hints as to where to acquire the various
     ingredients, the components. It describes how to build a powerful bomb, and it does so in simple,
     understandable terms. In fact, it shows how unbelievably simple it is to make a hugely, hugely powerful
     bomb.

     McVeigh ordered and received the book from Paladin Press in the spring of 1993.

     Over time McVeigh's anger and hatred of the government kept growing; and in the late summer of 1994
     -- and this is nine months before the bombing -- he decided that he had had enough. He told friends that
     he was done distributing anti-government propaganda and talking about the coming revolution. He said it
     was time to take action, and the action he wanted to take was something dramatic, something that would
     shake up America, he said, and would cause ordinary citizens, he thought, to engage in a violent
     revolution against their democratically elected government, just like The Turner Diaries; and of course,
     just like the main character in the book, he would become the hero.

     The action he selected was the bombing, and the building he selected was the federal building in
     Oklahoma City. We'll provide you with testimony on this. And he offered two reasons for bombing -- or
     for selecting that particular building; first he thought that the ATF agents, whom he blamed for the Waco
     tragedy, had their offices in that building. As it turns out, he was wrong; but that's what he thought. That
     was one of his motivations; and second, he described that building as, quote, "an easy target."

     It was conveniently located just south of Kansas and it had easy access. It was just a matter of blocks off
     of an interstate highway, Interstate 35 through Oklahoma City traveling north; and the building is
     designed is such that you can drive a truck up, there is an indentation at the sidewalk in front of the
     building. You can drive a truck right up and park a truck right there in front of the building, right there in
     front of the plate glass windows that I described in front of the day-care center.

     The day that he selected for the bombing also has significance. He selected April 19th. Of course, first,
     that was the anniversary of Waco, and he wanted to, as he said, avenge death that occurred at Waco;
     and second, April 19th a couple of centuries ago, in 1775, that's the day that the American Revolution is
     reported to have begun. That's the day that the opening shot was fired in Concord/Lexington. The day is
     known as Liberty Day.

     So as indicated by the materials that McVeigh carried with him -- you'll see the stuff that he got from his
     car -- he envisioned that by bombing the building in Oklahoma City he would bring what he thought
     would be liberty to this nation.

     Well, this was not just talk from McVeigh. He was ready for action. He knew from the literature he had
     how to make the bomb and he knew how to get the ingredients. Both The Turner Diaries and this book
     Homemade C4, the bomb-making cookbook, told him to where to look. The best place to get
     ammonium nitrate fertilizer, the book said, was at a farm supply store, and the best place to get
     nitromethane racing fuel, which you would mix with the fertilizer, was at a raceway.

     So McVeigh engaged his friend, his Army buddy, Terry Nichols, in the project. Nichols, of course, shared
     the hatred for the federal government, and they worked together in a conspiracy. As his Honor just told
     you, the first count is conspiracy. That's an agreement to commit a criminal act.

     They reached this working arrangement whereby they would, together, acquire the ingredients to
     manufacture the bomb. And a fair amount of our evidence will be about their acquisition of the various
     components that were used to make the bomb that blew up the federal building in Oklahoma City.

     They got 4,000 pounds -- that's 2 tons of ammonium nitrate fertilizer. They bought it at a farm supply
     store in central Kansas where Nichols was living at the time and where McVeigh visited him. This was in
     the fall of 1994, at least six months before the bombing, giving you some indication of the planning that
     went into this process and the premeditation.

     They made two purchases of 1 ton each. The first one was made at the end of September, 1994, and the
     second one was made the middle of October; and both purchases were made in phony names. The
     phony name they used was Mike Havens. We'll provide you with evidence showing that Terry Nichols
     used that name Havens as an alias.

     We will also show you that one of the receipts, the receipt for the first purchase, September 30th, was
     found in Nichols' home after the bombing. Agents conducted a search of Nichols' home several days
     after the bombing and they found the receipt for that first purchase of 1 ton of ammonium nitrate
     fertilizer; and on that receipt, when it was sent back to the FBI lab, were two latent fingerprints of
     Timothy McVeigh.

     To get some of the other chemicals they needed for the bomb, McVeigh and Nichols picked up the
     phone book and let their fingers do the walking. They called dozens and dozens of companies and
     individuals in search of ingredients that they needed for the bomb. And the reason we can trace and
     show you so many of these calls is in part because they used a calling card to make the calls. They had
     obtained a calling card from a magazine called Spotlight magazine; and in an unsuccessful effort to avoid
     having the calls traced back to them, they again used a fake name. They didn't get the calling card in their
     own names. They used this time the name Darrell Bridges, but we'll prove to you that it was they that
     got, ordered, obtained and paid for this calling card.

     The calling card was the type of phone card that requires you to pay in advance. It's called a debit card.
     The balance on the card is debited each time you make a call; and then when you're down to a zero
     balance, you have to send in more money to the company to make more calls; and that's precisely what
     McVeigh and Nichols did, and we'll show you money orders that they sent in, and we'll prove to you that
     the money orders were obtained by McVeigh and Nichols; and that's why we can trace so much of their
     activity, at least so much of their phone call activity, because they used the same debt card in the name of
     Darrell Bridges to do a lot of their business, and even though they didn't get a phone bill, as you or I
     would get for our home phone, they didn't get the phone bill of course because they were paying for
     these calls in advance; and even though they may have believed that by doing it that way the calls
     wouldn't be traceable, well, the phone company still needed to keep track of the calls and how much
     was charged so they could debit down the card.

     So the phone company had records of the calls that were being made, from where to where and how
     long it was and how much it cost; and those are the records that we have that we'll present to you to
     prove the calls that McVeigh and Nichols were making.

     The debt card records reveals dozens and dozens of calls in the fall of 1994. That's when they're trying to
     acquire the components, the ingredients for the bomb. The calls were made to various companies and
     individuals that sold or possibly could obtain the ingredients, the components that would be used for an
     ammonium nitrate fertilizer bomb.

     The mixture would be made and held in barrels. They called barrel companies. The mixture would use
     racing fuel as a most likely fuel source to mix with the ammonium nitrate. They called fuel racing
     raceways. And there are various other companies -- or chemicals, pardon me, including anhydrous
     hydrazine. They called various chemical companies.

     For example, we will show you a copy of the yellow pages taken from the area in Kansas where
     McVeigh and Nichols were during the fall of 1994. We can compare the yellow pages with those records
     from the calling card. Going down the yellow pages -- the yellow pages, if you look at a page for
     chemical companies, you see a number of chemical companies, you see the numbers listed, and you see
     the number that they called on their calling card. They went down the yellow pages and called the
     companies that were on those yellow pages.

     So you can match up what they're doing; and you'll notice -- it wasn't just chemical companies. You'll
     notice that all the companies they called during that period of time, in the fall of 1994 when they were
     using this call -- this calling card to seek ingredients -- all of them have one thing in common: They all sell
     something you could use to make a bomb, a large ammonium nitrate fertilizer bomb.

     But we're not going to prove up, simply by circumstantial evidence, by asking you to compare the yellow
     pages to these phone records to show that they were obtaining these ingredients, because as further
     evidence we'll call people who actually received the calls and in some cases, they weren't strangers on
     the other end of the phone. They were friends of -- or acquaintances of McVeigh.

     For example, we'll call a man by the name of David Darlak. He's an old acquaintance McVeigh. They
     grew up together and they've known each other for years.

     Darlak received calls from McVeigh and he remembers him. He'll tell you what he remembers. Darlak
     recalls that McVeigh called him trying to get racing fuel.

     Well, Darlak didn't ever know McVeigh to be interested in racing, and McVeigh, of course, didn't reveal
     that he wanted the racing fuel for something other than racing, to build a bomb, he didn't say that. He
     didn't reveal why he wanted the racing fuel. But Darlak will come in and explain. He's one of the people
     that calls from McVeigh during this period of time.

     Greg Pfaff is another person that received a call.

     Greg Pfaff is a guy that McVeigh ran into and met when they did the various gun shows, met at gun
     shows. Pfaff recalls getting calls from McVeigh, and he will come in and tell you that McVeigh asked him if
     Pfaff could get any det cord.

     Now, det cord is a nickname, an abbreviation for detonation cord, and that's what you'll use, as you'll
     hear the ammonium nitrate and fuel oil doesn't blow up by itself, you don't light a match and throw it on
     it and it explodes. You need some kind of detonation. Det cord would be used to facilitate the
     detonation of the explosion.

     According to Pfaff McVeigh was so eager to get this det cord that McVeigh offered to drive across the
     country. Pfaff was on the East Coast. He offered to drive across the country to Pfaff. Pfaff could get any
     det cord.

     You will also hear from a man named Glynn Tipton.

     Tipton works for a company that goes to drag races and he was on a drag race on October 1, 1994, in
     central Kansas. He recalls a man that he's almost certain as McVeigh coming up to him and trying to buy
     large quantities of nitromethane and anhydrous hydrazine; and the books I've told you about describe
     those two chemicals as being part of the shopping list for making an ammonium nitrate fertilizer bomb.

     All these calls are reflected on the debt card that McVeigh used and so is a call to Mid-American
     Chemical Company, that's one of the companies actually that's listed in the yellow pages you'll see.

     Linda Juhl is an employee of Mid-Americal Chemical Company and she remembers getting a call in the
     fall of 1994 at the same time. She recalls it was from a young man in Kansas who wanted to obtain
     anhydrous hydrazine, one of the chemicals you can use to make ammonium nitrate fertilizer bombs.
     Anhydrous hydrazine is usually used as a rocket fuel and it can seriously boost the explosion.

     You'll also hear a number of calls to companies such as CP Racing and other companies that sold
     nitromethane. Nitromethane is a racing fuel. It too can be used as one of the ingredients in ammonium
     nitrate fuel -- fuel oil explosive devices.

     Well those are the calls they made during this period of time in search of some of the various
     components for an explosive device, but we'll prove that they obtained -- they actually acquired large
     quantities of explosives, as I said just, getting the mixture, the fertilizer with the chemicals of
     nitromethane or anhydrous hydrazine or racing fuel doesn't itself cause an explosion unless you have
     something to detonate it with.

     We'll prove to you where McVeigh and Nichols got the detonation -- detonators that they needed. In
     short, they stole them. During the period of the Fall of 1994, Nichols was living in central Kansas in a
     community and city called Marion, Kansas, he was working on a cattle farm there and nearby there was a
     rock quarry. Now some of you probably know rock quarries use explosives to blast the rock and they
     typically store the explosive they have on site in what are referred to as magazines or secure storage
     lockers.

     The quarry that was near Nichols' home in Marion, Kansas, kept a quantity of explosive, primarily
     blasting caps, in locked storage facilities right there on site.

     As I already said, McVeigh came to visit Nichols during late September of 1994 and stayed through that
     first weekend, first weekend of October 1994, that's the weekend when Glynn Tipton saw him at the
     raceway or saw somebody he believes is McVeigh at the raceway looking for the two chemicals I just
     described. That's also the same weekend, on the Friday of that weekend, September 30th, that they made
     their first purchase of 1 ton of ammonium nitrate fertilizer from the supply store in central Kansas.

     Well, it's the very same weekend that they broke into the magazine at the rock quarry and stole
     hundreds of blasting caps and sticks of an explosive that's known as -- it's a sausage-type of explosive
     known as Tovex.

     The reason that we can prove that it was McVeigh and Nichols that broke into these storage units and
     stole the explosives is because they made essentially two mistakes: First of all, they left evidence behind
     at the scene of the crime; and secondly, they didn't get rid of all the loot. They left some of it in Nichols'
     house.

     The evidence that they left behind at the scene of the crime was one of the padlocks that they had drilled
     open. There were five padlocks that had to be drilled open to get in. Four of them was missing but one
     of them was left behind.

     The county sheriff that came out to investigate that break-in kept that padlock. You remember this is
     months before the Oklahoma City bombing, but he kept it in his evidence and provided it to the FBI after
     the bombing when the connection was made between that theft and the bombing. Federal agents later
     searched Nichols' house after the bombing and they found in Nichols' basement a battery-powered
     Makita drill and with the drill were some drill bits and they matched the padlock that has a hole drilled in
     it to open up the lock, and you'll see this.

     They went inside that hole and lock and figured out the drill bit impressions, the toolmark impressions
     and they made toolmark impressions also from the drill that was found -- the drill bit that was found in
     Nichols' basement and they matched the two; and that toolmark expert will come in and show you that
     the impressions inside the lock matched the impressions made by the drill bit from Nichols' basement so
     that you can conclude that drill bit drilled that lock.

     The other mistake they made was that Nichols kept some of the explosives. They were found after the
     bombing in his basement. He had some of the blasting caps. Now blasting caps come in a wide variety of
     sizes. There are different brands and there are different delays. I think they come in delays from
     something like from 1 to 20 and all the blasting caps that were stolen from the quarry were 60-foot No.
     8 delay Primadet blasting caps.

     Found in Nichols' basement after the bombing when the agents searched his basement were five blasting
     caps, Primadet 60-foot No. 8 delay.

     Well, with this quantity of explosives or components for making a bomb, McVeigh and Nichols of course
     needed someplace to keep all of this stuff. McVeigh, during this period of time, really didn't have any
     home. He would stay with friends and various other places. He was just traveling around and it would
     have been foolish, of course, for Nichols to have kept the stuff in his home for two reasons: first of all,
     it's dangerous; secondly, if anybody found it in his home. So it's obviously traceable for him. So their
     solution to this is to rent private storage lockers, and that's exactly what they did.

     They rented private storage lockers, but to prevent anyone who would break in and getting into these
     storage lockers to easily trace these components to them, they again used false names. They rented
     three lockers in the central Kansas area near where Nichols was living at the time. And they rented all
     three lockers in phony names, different phony names: This time they're Shawn Rivers, Ted Parker and
     Joe Kyle. I'm not expecting you to remember the various aliases and phony names they used. You'll hear
     evidence and we will provide you with documents that will show you these various names.

     They were all paid, the storage lockers were paid for, with cash, which is, of course, is the least
     traceable means of payment. But we will prove through eyewitness testimony, through fingerprints, and
     through handwriting analysis that it was McVeigh and Nichols who rented these storage lockers in false
     names.

     The leases on the three storage lockers began in the fall of 1994, right at the very time that they were
     acquiring components for the bombs; but they continued to pay the rent on these storage lockers up
     through the date of the bombing. When FBI agents searched the storage lockers soon after the
     bombings, they were all empty. Rent was paid up till then, but there was nothing in them. Of course, the
     components were used in Oklahoma City.

     During this period when McVeigh and Nichols were acquiring the components for the bomb, McVeigh
     periodically drove to Arizona and visited two friends of his, Michael and Lori Fortier. He had met
     Michael in the Army, and they had shared the same anti- government ideas; and McVeigh had come to
     trust not only Michael but he also came to trust Michael's wife, Lori.

     So in the fall of 1994, he confided his plan to the Fortiers. Sitting in their living room in Kingman,
     Arizona, he actually drew a diagram of the bomb that he intended to build. And you'll hear that evidence
     from the witness stand. He outlined the box of the truck, and he drew circles for the barrels inside the
     truck, the barrels of fertilizer and fuel oil that he would place strategically in the truck to cause maximum
     damage, as he described it.

     Later during that same period of time, one of times when he was in Arizona, again, fall of 1994, months
     ahead of bombing, he demonstrated his design to Lori Fortier by borrowing from her Campbell soup
     cans out of her cupboard and placed them on the floor and showed her the shape in which he would
     design the bomb inside the box of the truck. And he described it as a shape charge and explained that by
     putting in that -- putting the barrels of explosives in a particular shape it would increase the charge in a
     particular direction, the direction toward the building and the plate glass windows that I've previously
     described.

     By the end of October 1994, McVeigh had most of ingredients he needed to build the bomb; so he was
     able at that time to carry out his plan. But this was still the fall of 1994. Remember, he was determined to
     take action when he thought it would have maximum impact; and he thought the anniversary of the
     tragedy at Waco would provide that kind of maximum impact. He thought that others were as angered at
     Waco as he was and that he could get tremendous impact, shake up the nation, by delaying his violent
     terrorist action until the anniversary of Waco, April 19th; so he left the bomb components in the various
     storage lockers, and he waited. He waited till the spring.

     And in late January, he returned to Arizona. Again, he stayed with his friends, the Fortiers. He stayed
     there through February and March. He was really most of the time just hanging out, not doing anything.
     He wasn't employed. Periodically he would go to gun shows during that time. Periodically he would try
     to recruit Michael Fortier to participate in the bombing. And as April approached, it became clear to him
     that Fortier was not going to participate. That spring, McVeigh was ready to put his action -- to put his
     plan into action.

     He had been regularly corresponding with his sister, Jennifer, who was then living in upstate New York.
     And he had revealed to her his distrust and his distaste for the federal government. In fact, in the fall of
     1994, he had visited her in New York. He created a file in her computer. He had marked the file "ATF
     read," "ATF read," as though he wanted them to discover this file and read it after his dramatic action.

     You'll see the chilling words in that computer file. I'm going to delete the expletive. It said, "All you
     tyrannical M.F.ers will swing in the wind one day for your treasonous actions against the Constitution
     and the United States." And it concluded with these words: "Die, you spineless cowardice bastards."
     That was written in the fall of 1994.

     By the spring of 1995, he had moved beyond words. He was ready for action. In a letter dated March
     25th, just three weeks before the bombing, he told his sister Jennifer not to send any more letter after
     May 1st because, quote, "G men might get them."

     You'll see a copy of that letter. About the same time, he sent another letter to his sister Jennifer -- this
     was before the bombing -- in which he said, "Something big is about to happen." You'll hear from Jennifer
     McVeigh. She'll testify. You won't see that letter, because after the bombing, as she will explain, she
     destroyed that letter.

     During this period of time in the spring of 1994, before the bombing, while McVeigh was hanging out in
     Arizona, he asked Lori Fortier if he could borrow her typewriter. She let him take it for a day or so; and
     when he returned it he had a phony driver's license. It was on one of the blank driver's license forms. It
     had been obtained through the -- or ordered through one of those ads at the back of Soldier of Fortune
     magazine, one of the ads that sells phony identification kits. And McVeigh had typed on the blank form.
     He had made it look like it was a driver's license from North or South Dakota. He had typed in those
     words, the name of state. And the phony name he had selected -- I'm going to give you another alias
     name -- was Robert Kling.

     He liked that name, he told Lori Fortier -- and you'll be able to remember it -- because it reminded him
     of the race of characters on that TV show "Star Trek," the Klingons. And you'll hear that name a lot in
     this trial, because that's the name that McVeigh used to rent the Ryder truck that he used to blow up the
     federal building, "Robert Kling."

     To finish the phony drivers's license, McVeigh asked to borrow Lori Fortier's iron, so he could iron on
     plastic lamentation -- lamination that came with the blank form. And she was afraid he would ruin his
     (sic) iron, and she offered to iron it on for him. That's how it is she can tell you she saw the drivers's
     license she remembered the name.

     He handed her the Robert Kling driver's license. She ironed on the lamination. It had on it a small photo
     that McVeigh attached up in the corner in the box where the photo for a driver's license would fit. It was
     McVeigh's photo, of course. She ironed -- the lamentation -- lamination and gave it back to McVeigh.

     During these months in early 1995, when McVeigh stayed with the Fortiers, he became more and more
     withdrawn and more and more unpleasant as April 19th approached. And in early April, he moved out of
     the Fortiers' house into a local motel in Kingman Arizona. He stayed there until April 12th, 1995. You'll
     see those motel records. He checked out April 12th, 1995, exactly one week before the bombing. He
     was in Arizona.

     He checked out, and he was next seen in Kansas on Friday before the bombing. The bombing was on the
     following Wednesday. Friday before the bombing, McVeigh arrived in Kansas. Kansas, of course, is
     where Terry Nichols was then living; and that's where he and McVeigh and Nichols had stored this stuff,
     the bomb components, in the storage lockers. The day that McVeigh arrived in Kansas was a Friday,
     April 14th, five days before the bombing. He stopped at a Firestone service station in Junction City,
     Kansas.

     He knew that Firestone station because when he was in the service in Fort Riley, which is not far from
     Junction City, he had had his car serviced there before. The manager of the place, a man by the name of
     Tom Manning, remembered McVeigh.

     McVeigh was there at that Firestone station, as Manning will tell you, because McVeigh said his car was
     burning oil. The car was in bad shape; so the manager, Manning, said he had a used car out back that he
     was willing to sell to McVeigh. McVeigh checked out the car and decided that he would go ahead and
     buy it; so he paid $250 in cash for the car and signed over the title to his car, which he had with him.

     While Manning was getting the used car ready to turn over to McVeigh, he recalls that McVeigh left the
     Firestone station for about 10 or 15 minutes on this Friday morning. Manning provided this information
     the very first time he was asked whether McVeigh was there the entire time, and he remembered
     McVeigh left for a period of time when Manning went to get the car ready for McVeigh.

     During that interval of time, on Friday morning, five days before the bombing, when McVeigh left the
     Firestone station, a call was placed to a Ryder truck rental agency in Junction City, Kansas. The Ryder
     agency in Junction City is called Elliott's Body Shop. It's listed in the yellow pages.

     Just so you know what's coming, I've already told you the twisted rear axle that seemed to fall out of the
     air onto the red Fiesta of the maintenance man in the apartment building in downtown Oklahoma City --
     that axle traced back to a Ryder truck that had been rented two days before the bombing from Elliott's
     Body Shop in Junction City, Kansas. That was the truck that became the bomb.

     The call I'm talking about now was made to reserve the truck. The caller said his name was Robert Kling,
     the same name that McVeigh had used on the phony driver's license. And the caller asked to reserve a
     large truck for pickup the following Monday. That would be two days before the bombing.

     We've traced that call, and it traces back to a pay phone located at a bus station in Junction City, Kansas;
     and that bus station pay phone is less than a half a block from the Firestone station where McVeigh had
     been. You can see it. We'll show you there's a photo from the pay phone. You can see the Firestone
     station. I mean, it's virtually across the street, just down the alley a piece.

     Although McVeigh had all the ingredients to manufacture, to build a bomb, he didn't yet have a truck.
     Now, in The Turner Diaries, the bomber steals a delivery truck in which to make their bomb; but McVeigh
     decided to rent his. And that's, of course, why he had the phony driver's license; and that's why he made
     the call to Elliott's Body Shop to reserve a truck five days before the bombing.

     Now, there's another detail about that bus station pay phone call that we will prove to you. Actually,
     there were two calls made back to back that morning from that outdoor pay phone. The first call went to
     the home of McVeigh's Army buddy, Terry Nichols, who was living at that time now in nearby
     Herington, Kansas. The next call, which started within seconds of the completion of the first call, was
     the one that went to Elliott's Body Shop to reserve the Ryder truck. Both calls were made on a Spotlight
     debit card.

     For reasons that we will explain, the computer failed to record the actual customer account for the call
     to the Ryder truck rental agency; but the call to Nichols' house, the first call, was charged to the calling
     card that McVeigh and Nichols were using. And of course, it was McVeigh who was near that pay phone
     that morning, having entered into the car transaction with Manning.

     Later that day, McVeigh registered at a small motel in Junction City Kansas, which is known as the
     Dreamland Motel. It's located about four miles up the road from the Ryder truck rental agency. He
     registered there in his own name, Timothy McVeigh; and he stayed in Room 25 at the Dreamland Motel
     through that weekend up until Tuesday. Tuesday is now the morning of the day before the bombing. And
     as a result of a telephone call, of a telephone call from the pay phone, Elliott's Body Shop the Ryder
     rental place, actually reserved a large truck for Robert Kling. But they were willing to do so only if
     someone came in and put a deposit down on the truck the following day.

     The following day, of course, was a Saturday, four days before the bombing. The only person who was
     working that day at the Elliott's Body Shop was the owner, Eldon Elliott. Mr. Elliott will testify; and he
     will tell you what he remembers about that Saturday morning. He was there by himself when a young
     man with a military demeanor came in and said he was Robert Kling. The lighting was good. The two
     men stood facing each other for several minutes. There were no interruptions. The shop was not busy.
     They transacted business. And instead of simply making a deposit, a cash deposit, to reserve the truck in
     the name Kling, the man wanted to pay for the truck in full. He counted out several hundred dollars in
     cash and gave it to Elliott. It was a memorable transaction. There was some paperwork involved, and the
     man left.

     Mr. Elliott remembers this transaction and he can identify the man. It was Timothy McVeigh.

     I've already summarized ample evidence to convince you that Kling was really McVeigh; but there's still
     more. Although McVeigh had paid for the truck, he didn't take it with him. He said he would pick it up
     on Monday, April 17th, two days before the bombing, after four o'clock. He was still staying at the
     Dreamland Motel in the same city; and that night, Saturday night, a carry-out order for Chinese food from
     a local Chinese restaurant was made from McVeigh's room at the Dreamland Motel, a telephone call to
     the local Chinese restaurant ordering Chinese food; and the name used to place the order was Kling.

     Now, the delivery man who actually delivered the order had only a brief encounter with the customer.
     He can't identify who he gave the food to; but again, the significance for us is a further association of the
     name Kling with McVeigh. This time, independent of anything coming from Elliott's Body Shop,
     independent of call that reserved the truck, this is simply through a Kling order being delivered to
     McVeigh's room.

     The following day was Easter Sunday. The bombing was on Wednesday following Easter in 1995. There
     will be no witnesses who saw McVeigh's car in Oklahoma City on Easter or thereafter. But we will
     provide sufficient evidence for you to conclude that McVeigh drove his car down to Oklahoma City on
     Easter Sunday and left it there as a getaway car for use after the bombing. For example, we will show you
     that McVeigh made a call that afternoon, Sunday afternoon, at about 3:00 to the home of his Army buddy,
     coconspirator Terry Nichols. He made the call from a pay phone in Herington Kansas just blocks away
     from Nichols' home.

     You will see the evidence -- you will see from our evidence that it's about four and a half hours from
     Herington, Kansas, driving to Oklahoma City. We'll show you evidence of the videotape from a
     surveillance camera. It actually happens to be a surveillance camera in the very same apartment building
     where the maintenance man came out and the truck axle fell on the front of his car. It's call the Regency
     Towers. They have a surveillance camera in the inside lobby. And it shoots through the inside lobby, so
     that you can pick up some of activity in the street in front of the building.

     From that camera, we will show you five hours after McVeigh -- a little more than five hours -- after
     McVeigh made the call to Nichols' house -- you can see a truck of the same features as Nichols' truck
     passing downtown Oklahoma City twice -- passes that camera -- on Sunday before the bombing.

     And you'll see that when McVeigh was stopped after the bombing in Oklahoma City, he had a handmade,
     hand-printed sign in his car. It was in his own handwriting. It said, "Please do not tow. Needs batteries
     and cable. Will move by April 23rd." There was nothing wrong with the batteries and cable when the car
     was stopped that day April 19th, the day of the bombing; and there was nothing wrong with the batteries
     and cables when Thomas Manning sold the car to McVeigh on Friday before.

     As further evidence that McVeigh left his car in Oklahoma City on Easter Sunday so it would be there as
     a getaway car, we will prove that he needed a taxi on Monday afternoon in order to pick up the Ryder
     truck. Remember, when he went in on Saturday and paid the money, he didn't take the Ryder truck with
     him. He said he would be back after 4 on Monday, two days before the bombing.

     Well, shortly before he was scheduled to pick up the truck, shortly before four o'clock on Monday
     afternoon, a call was placed from the pay phone near the Dreamland Motel, the call that McVeigh was
     registered at the Dreamland in his own name. So this call was not placed from his room phone, it wasn't
     placed from the motel phone. This call was placed from a public phone; but the public phone is just
     walking distance from the Dreamland Motel in the direction of Elliott's Body Shop.

     We'll prove to you that it was McVeigh who made the call. The call was charged to that calling card that
     they had in the phony name; and it was place today a taxicab company in Junction City. The cab company
     is listed in the Junction City yellow pages. And his call was placed on Monday after Easter. McVeigh
     stayed at the Dreamland Motel until Tuesday. He didn't have his car, so he needed a taxi to go to Elliott's
     Body Shop.

     The taxi cab company dispatched a cab to the location where McVeigh was by the pay phone near the
     Dreamland. The cab picked up one passenger, it's records will show; and it drove that passenger in the
     direction of Elliott's Body Shop and dropped the passenger off at a McDonald's restaurant which is
     located about one mile from Elliott's Body Shop. The fare was $3.65; and we will prove to you that that
     passenger was Timothy McVeigh.

     The only road or walkway between the McDonald's and Elliott's Body Shop is a two-lane access road;
     and the only thing on that road are a couple of apartment complexes and a couple of other buildings, not
     a busy, busy road. It's about a mile from the McDonald's to Elliott's Body Shop.

     In fact, the McDonald's is on the nearest intersection. If you walk from Elliott's -- if you walk from
     Elliott's and hit the intersection, that's where the McDonald's is. That McDonald's restaurant has a
     surveillance system that consists of a series of cameras inside. We will show some of the photos from
     those cameras on that Monday afternoon, the same Monday as the cab ride and shortly before the Ryder
     truck was picked. What you will see is Timothy McVeigh on the photos taken inside the McDonald's
     restaurant. He was captured by the surveillance cameras.

     You will first see him as he approaches the counter and later as he leaves the restaurant. He spent only
     about 8 minutes in the restaurant, and he apparently ate a McDonald's hot apple pie.

     Now, McVeigh, of course, did not spend $3.65 on a taxi simply to have an apple pie at McDonald's. He
     took a taxi because his car was in Oklahoma City, waiting to serve as a getaway car. And that afternoon,
     Monday afternoon, he needed to get up to Elliott's to pick up the truck; so he took a cab and he stopped
     at McDonald's because it was at the intersection on the way. It's just a stopover spot.

     McDonald's -- I'm sorry. McVeigh left McDonald's, you'll see on the video footage, at approximately 4:00.
     As I said, Elliott's Body Shop is about a mile away. It's about a 15-minute walk.

     15 minutes after McVeigh left McDonald's, he walked into Elliott's Body Shop and picked up the truck
     that he used to destroy the Murrah Building. The owner, Eldon Elliott, was again there. He recalls the
     transaction. Again, this was not a fleeting encounter with a complete stranger. This is not like asking the
     cab driver or the man who delivered the Chinese food to remember their customer, to identify the
     customer. Mr. Elliott had seen McVeigh two days before, and he was seeing him again on this Monday.
     On this occasion, he wasn't simply handing over a box of Chinese food. He was giving McVeigh a
     valuable piece of equipment, a large Ryder truck.

     He spent some time on the transaction. He walked around the truck, inspected it for damage. He filled
     out a damage form. And he recalls the person that he released the truck to. It was the same person who
     had come in on the preceding Saturday morning, the same person that paid cash on the truck. This was
     the second time Mr. Elliott had an opportunity to observe that man. Again, the lighting was good. The
     two stood nearly face to face. The man was Timothy McVeigh.

     Your Honor, can you tell me if you want me to continue, or take a break?

     THE COURT: Well, if this would be a convenient place for you, we could do it now.

     MR. HARTZLER: Sure.

     THE COURT: All right. I'm sure we can use a little rest stop, and we'll do that. So members of the jury,
     we're going to take about a 20-minute recess now, it being about mid-morning; and of course, just like I
     said in the preliminary instructions, please do not discuss anything about the case during this recess.
     You're excused now.

     (Recess at 10:30 a.m.)

     (Reconvened at 10:50 a.m.)

     THE COURT: Be seated, please.

     MR. HARTZLER: Your Honor, should I resume the podium?

     THE COURT: Yes, please.

     (Jury in at 10:51 a.m.)

     THE COURT: Mr. Hartzler, you may resume.

     MR. HARTZLER: Thank you, your Honor.

     Okay. I've brought you up to Monday afternoon, Monday before the bombing. McVeigh was at Elliott's
     Body Shop. He picked up the truck. He's still in Junction City. It's two days before the bombing.

     There is another face that Mr. Elliott does not remember as well as he remembers McVeigh's face. It's
     the face of a second man that Mr. Elliott believes he saw with McVeigh on that Monday afternoon, only
     once, not on the first occasion. The man -- nobody was with McVeigh that time. This is when McVeigh
     came to pick up the truck.

     He saw that person just for a moment, glanced at him. His business, of course, was with McVeigh. That's
     who he was concentrating on.

     Now, whether Mr. Elliott was mistaken about the existence of another person and who that other
     person might possibly be, if there is such a person, doesn't change the fact that Mr. Elliott will say that
     this defendant rented the truck that blew up the Murrah Building.

     As you already know and as his Honor instructed you again this morning, our burden in this case is to
     prove the guilt of Timothy McVeigh beyond a reasonable doubt. We welcome that burden. We will
     meet it.

     The indictment charges that McVeigh committed the crimes with others. It refers specifically to Terry
     Nichols by name. It charges him as a co-conspirator. It also mentioned others unknown or unnamed. We
     do not bear the burden at this trial to prove the guilt of Terry Nichols. You'll hear evidence about
     Nichols -- and I've mentioned some of that, summarized some of the testimony about Nichols; but we'll
     present that evidence because it incriminates McVeigh. We're not trying Terry Nichols in this case. The
     same is true of the other person who might have been with McVeigh at Elliott's Body Shop.

     You also may hear from the man that delivered the Chinese food. Remember, he delivered it -- the Kling
     order -- in Room 25. He believes the person he delivered it to was not McVeigh.

     So this other person -- this other possible person with McVeigh has come to be known as John Doe 2,
     but we don't bear the burden in this trial of proving whether there is or is not another person with
     McVeigh. We don't bear any burden of proving who else is guilty.

     So we'll keep our focus on the burden we bear. We will maintain our focus on the evidence against
     McVeigh. We'll prove what the Court will allow us to prove; that is, evidence against McVeigh. And I
     hope that you'll be able to keep your focus on that as well.

     At Elliott's Body Shop, McVeigh presented his phony driver's license in the name Robert Kling to rent the
     truck. And the birthday that McVeigh put on the driver's license is telling: McVeigh's real birthday is April
     23, yesterday. But the birthday he gave Kling was his special day, April 19, the anniversary of the fire at
     Waco and the date that McVeigh selected for the bombing in Oklahoma City.

     McVeigh also signed the rental agreement in the name Robert Kling. You will see the actual rental
     agreement documents from the rental of the Ryder truck that blew up the building, and you will see
     down at the bottom of those documents the signature "Robert Kling."

     Now, everyone's handwriting has certain distinctive features. That's why you can identify or recognize
     the handwriting of loved ones and old friends, even though sometimes you don't know why you can
     recognize it. And that's also why documents examiners who spend their careers examining and
     comparing handwriting can notice little distinctive idiosyncrasies of particular handwriting, little
     distinctive features, and they can compare one document to another.

     Well, with the assistance of a documents examiner who will testify for us, you will look closely at those
     Ryder rental documents; and together in the courtroom, we will compare the documents, the other
     documents that we can prove McVeigh wrote, letters to friends, things of that sort. And you, yourself,
     will see the similarities.

     For example, on the Kling signature, you'll see that there is a little curlicue that he used to make the K;
     and you'll see a similar curlicue in other writing that we will prove was written by McVeigh.

     You'll notice on the Kling documents, in the name Robert Kling, the cross stroke for the T is done
     backwards. You can tell it's done backwards because there is a blot of ink that starts on the back side of
     the T and tapers off on the front side of the T. And we'll show you other documents written by McVeigh
     which have that same backward cross stroke on the T. Those are just two examples. There are other
     similar features that we'll present to you; and when you see these documents and when you listen to the
     examiner and when you compare these documents yourself, you'll conclude that Timothy McVeigh stood
     in Elliott's Body Shop and signed the name Robert Kling.

     That Monday afternoon, McVeigh drove the Ryder truck back to Dreamland Motel. You'll hear details
     about where he parked it, when he was seen in it at the Dreamland, things of that sort. Now, there may
     be discrepancies in memories of witnesses as to the precise time and date that he was at the motel with
     the Ryder truck; but completely independent of evidence from Elliott's Body Shop, there will be no
     doubt that McVeigh had a Ryder truck in those days before the bombing.

     And our evidence will establish that the truck McVeigh had at the Dreamland was the truck that he
     rented at Elliott's Body Shop, because employees of Ryder Corporation searched all of their records
     nationwide, all of their rentals during this period of time, and there is no rental in the name Timothy
     McVeigh. Now, if he had rented a truck for some legitimate purpose, you would think it would be in his
     name. There is no rental in the name Timothy McVeigh for that period of time. That's because he rented
     the name -- he rented the truck in the name Robert Kling; so my point is there are at least -- there are
     overlapping ways, independent ways, in which he we will demonstrate that Robert Kling is really
     Timothy McVeigh.

     There is the circumstances of the telephone call from the bus station across from the Firestone where he
     bought his used car. There are the circumstances of him being at the McDonald's 20 minutes and leaving
     20 minutes before the truck was picked up at Elliott's Body Shop. There is the eyewitness testimony of
     Eldon Elliott. Here is the documentary and handwriting evidence. You'll see and compare the documents.
     And there is the fact that there was no McVeigh rental of any Ryder truck during this period of time.

     Between the time that McVeigh picked up the Ryder truck, that Monday afternoon, and the time that the
     bomb was detonated early on Wednesday morning, he had plenty of time, you will learn from our
     explosives expert, to build a bomb in the back of a truck and drive it to Oklahoma City; and that is
     precisely what he did.

     The Turner Diaries taught him how to mix the different ingredients, how to set up the bomb, right down
     to how to drill a hole between the cargo box and the cab of the truck so that he could detonate it, so
     that the fuse could run into the cab of the truck and he could fuse it from where he was sitting in the
     front of the cab. You'll hear from witness testimony that's what he said he would do.

     So he conferred -- converted the Ryder truck from a cargo vehicle into a gigantic deadly bomb, and he
     drove it to Oklahoma City; and he detonated it on one of the -- at one of the busiest times of the day.

     Bear in mind this was not 3 or 4 in the morning, when he could conceivably have detonated the bomb