DATE= 11/2/97 TYPE=CORRESPONDENT REPORT NUMBER=2-222041 TITLE=NICHOLS TRIAL BYLINE=RICK SALINGER DATELINE=DENVER CONTENT= VOICED AT: INTRO: THE SECOND DEFENDANT IN THE 1995 BOMBING OF THE OKLAHOMA CITY FEDERAL BUILDING, GOES ON TRIAL MONDAY IN DENVER. RICK SALINGER REPORTS FROM DENVER. TEXT: ONE-HUNDRED-SIXTY-EIGHT PEOPLE DIED IN THE MOST DEVASTATING ACT OF TERRORISM ON U-S SOIL. THE GOVERNMENT CLAIMS RESPONSIBILITY LIES WITH TWO MEN. TIMOTHY MCVEIGH HAS BEEN CONVICTED AND IS APPEALING HIS DEATH SENTENCE. NOW IT IS CO-DEFENDENT TERRY NICHOLS' TURN TO FACE A JURY. THE LEAD PROSECUTOR IS LARRY MACKEY. /// MACKEY ACT /// WE ARE QUITE SATISFIED THAT WE ENDED UP WITH A JURY THAT WILL HEAR BOTH SIDES WITH A FAIR AND OPEN MIND. /// END MACKEY ACT /// THE GOVERNMENT CASE IS EXPECTED TO SHOW MR. NICHOLS HARBORED LONG-TERM ANTI-GOVERNMENT BELIEFS, THAT BOMB-MAKING MATERIALS LIKE AMMONIUM-NITRATE FERTILIZER AND BLASTING CAPS WERE FOUND IN HIS HOME, AND HE LIED TO THE F-B-I WHEN QUESTIONED ABOUT HIS RELATIONSHIP WITH MCVEIGH. MR. NICHOLS PROVIDED MORE THAN NINE-HOURS OF STATEMENTS TO FEDERAL AGENTS AT THE HARRINGTON, KANSAS, POLICE DEPARTMENT TWO-DAYS AFTER THE BOMBING. THOSE STATEMENTS COULD NOT BE USED AGAINST MCVEIGH, BUT NOW THEY ARE EXPECTED TO BE USED PROMINENTLY BY BOTH THE GOVERNMENT AND THE DEFENSE IN THE NICHOLS CASE. THAT IS THE MAIN REASON JUDGE RICHARD MATSCH ORDERED SEPARATE TRIALS. THE DEFENSE IS EXPECTED TO EMPHASIZE MR. NICHOLS ROLE AS A FAMILY MAN. IT WILL CLAIM THE BOMBING WAS MCVEIGH'S PLOT TO REVENGE THE FEDERAL ASSAULT ON THE BRANCH DAVIDIAN COMPOUND THAT KILLED MORE THAN 80 PEOPLE TWO-YEARS EARLIER IN WACO, TEXAS. MR. NICHOLS' ATTORNEY, MICHAEL TIGAR, IS ALSO EXPECTED TO RE-EMPHASIZE THE CONSISTENT THEME THE DEFENDANT WAS NOT IN OKLAHOMA CITY APRIL 19TH, 1995 WHEN THE BOMB EXPLODED. /// TIGAR ACT /// MR. NICHOLS FEELS VERY GOOD ABOUT THIS PROCESS AND WE ARE ALL WORKING TOGETHER TO OPEN TO THIS JURY MONDAY MORNING. SO THAT IS WHEN YOU WILL HEAR ABOUT THE CASE. /// END TIGAR ACT /// THE JURORS COME FROM A WIDE VARIETY OF BACKGROUNDS. THERE ARE TWO NURSES, TWO SCHOOL BUS DRIVERS, AND A GEOPHYSICIST AMONG THEM. MANY FAMILY MEMBERS OF THE BOMBING VICTIMS ARE EXPECTED TO BE PRESENT AT THE TRIAL. MARCIA KITE LOST HER DAUGHTER, FRANKIE MERRIL. /// KITE ACT /// MY DAUGHTER'S, WOULD HAVE BEEN HER 26TH, BIRTHDAY WAS LAST WEEK. IT THINK THE HOLIDAYS ARE GOING TO MAKE IT TOUGH ON EVERYBODY. AND WE SHOULD NOT HAVE TO BE HERE IN THE FIRST PLACE. /// END KITE ACT /// FOR TWO-AND-ONE-HALF YEARS TERRY NICHOLS HAS BEEN BEHIND BARS. THIS TRIAL WILL DETERMINE IF HIS FUTURE IS FREEDOM, PRISON, OR LIKE TIMOTHY MCVEIGH A PENALTY OF DEATH. (SIGNED) NEB/RAE 02-Nov-97 2:08 PM EST (1908 UTC) NNNN Source: Voice of America .