IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Richard P. Matsch
Crim. Action No. 96-CR-68-M
UNITED STATES OF AMERICA, Plaintiff,
TIMOTHY JAMES McVEIGH and TERRY LYNN NICHOLS, Defendants.
TERRY LYNN NICHOLS' MOTION TO SUPPLEMENT THE RECORD OF JUNE 26-29
Terry Lynn Nichols moves the Court to supplement the record of the
Suppression Hearing of June 26-29, 1996 with the attached exhibit which,
if accepted by the Court, would be denominated Nichols Exhibit W83.
The exhibit consists of two pages of government summaries of telephone
calls to and from the Nichols' family telephone on April 21, 1995. The
government provided these records to the defense in discovery.
The evidentiary significance of the records is that they show telephone
calls both into and out of the Nichols home during a time when it is
undisputed that both Mr. and Mrs. Nichols were out of the house and in
For example, the records show the following:
* At 5:36 pm on April 21, 1995, a 3 minute and 41 second phone call from
"A Current Affair," located in Cleveland Ohio to the Nichols home number
in Herington, Kansas.
* At 8:38 pm on April 21, 1995, a 2 minute and three second phone call
from ABC in New York to the Nichols home number in Herington, Kansas.
* At 8:40 pm on April 21, 1995, a 19 minute phone call from the Nichols
home number in Herington, to the James Nichols number in Cass City, MI
(at that time, of course, James Nichols was himself in custody and the
FBI was occupying his house and doing a search).
These records indicate one of two possibilities: First, that the F.B.I.
was actually in the Nichols' Herington home on the evening of April 21,
1995 (after the home was secured and Mr. and Mrs. Nichols were occupied
by their respective interrogators) answering the phone as calls came in
from the press and making calls to FBI colleagues who were
simultaneously conducting a search of the James Nichols home in
Or second, that there are significant, if not fundamental flaws with the
very phone records on which the FBI in part relied to compile the list
of Mrs. Marife Nichols' phone calls during her custody. See GX 64;
Hearing Transcript June 29, Tongate pp. 1030-31.
No matter which of these scenarios actually transpired, the records are
of indisputable evidentiary value to the issues the Court is considering
with respect to the motion to suppress. If the FBI was inside the
Herington home using the telephone on the night of April 21, 1995, the
United States has an obligation to so inform the Court.
Therefore, Mr. Nichols respectfully prays that the Court exercise its
discretion by granting this motion and accepting the attached exhibit as
a supplement to the evidence before the Court on Mr. Nichols' Motion to
Michael E. Tigar
Ronald G. Woods
N. Reid Neureiter
1120 Lincoln Street, Suite 1308
Denver, Co. 80203
Counsel for Mr. Nichols
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