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Nichol's Motion To Supplement The Record Of The Suppression Hearing Of 6/26-9/96

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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,
v.
TIMOTHY JAMES McVEIGH and TERRY LYNN NICHOLS, Defendants.

TERRY LYNN NICHOLS' MOTION TO SUPPLEMENT THE RECORD OF JUNE 26-29 SUPPRESSION HEARING

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 F.B.I. custody.

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 Michigan.

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 Suppress.

Respectfully submitted,

/s/

Michael E. Tigar
Ronald G. Woods
N. Reid Neureiter
Adam Thurschwell
1120 Lincoln Street, Suite 1308
Denver, Co. 80203
Counsel for Mr. Nichols

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