DATE= 11/3/97 TYPE=CORRESPONDENT REPORT NUMBER=2-222122 TITLE=NICHOLS TRIAL DAY ONE WRAP (L-ONLY) BYLINE=RICK SALLINGER DATELINE=DENVER CONTENT= VOICED AT: INTRO : THE DENVER (COLORADO) TRIAL OF TERRY NICHOLS RESUMES TODAY (TUESDAY). MR. NICHOLS IS ACCUSED OF CONSPIRING WITH TIMOTHY MCVEIGH TO BOMB THE FEDERAL BUILDING IN OKLAHOMA CITY IN 1995, KILLING 168 PEOPLE. RICK SALLINGER REPORTS ON THE OPENING STATEMENTS. TEXT : ATTORNEYS EMERGED FROM THE COURTHOUSE WITH DAY ONE OVER AND THE BATTLE LINES DRAWN. AT STAKE: THE LIFE OF TERRY NICHOLS AND RESPONSIBILITY FOR THE DEATHS OF 168 PEOPLE. THE DEFENSE HAS CONSISTENTLY CLAIMED TERRY NICHOLS WAS NOT THERE WHEN THE BOMB WENT OFF. PROSECUTOR LARRY MACKEY OPENED HIS STATEMENT WITH: "TERRY NICHOLS PLANNED IT JUST THAT WAY.." THE EVIDENCE PROSECUTORS SAY THEY WILL SHOW INCLUDES ITEMS FOUND IN THE DEFENDANT'S HERRINGTON, KANSAS, HOME, AMMONIUM NITRATE FERTILIZER, BLASTING CAPS AND PLASTIC BARRELS LIKE THOSE USED IN THE BOMB. LEGAL ANALYST IRVIN BOX LISTENED TO OPENING STATEMENTS : /// BOX ACTUALITY /// IF YOU HEARD THE FIRST ARGUMENT OF THE PROSECUTOR, YOU WOULD THINK THEY HAVE A BANG UP CASE THEY HAVE. THEN YOU LISTEN IN THE DEFENSE CAME BACK AND COUNTER THAT AND YOU SAY GOSH MAYBE IT'S NOT SO GOOD AFTER ALL. ///END ACTUALITY /// MR. NICHOLS' ATTORNEY, MICHAEL TIGAR, PRODUCED A CATCH LINE FOR THE JURORS TO REMEMBER: "TERRY NICHOLS WAS BUILDING A LIFE, NOT A BOMB." HE BLAMES THE WORST ACT OF TERRORISM ON U-S SOIL ON TIMOTHY MCVEIGH. HE HAS ALREADY BEEN CONVICTED AND SENTENCED TO DEATH. THE GOVERNMENT SAYS THE TWO ACTED TOGETHER. THE PROSECUTION STARTED ITS CASE WITH A SECURITY PHOTOGRAPH OF TERRY NICHOLS PICK-UP TRUCK, A BLOCK AWAY FROM THE MURROW BUILDING, A WEEK BEFORE THE BOMBING. THEN, AN AUDIO TAPE OF THE BLAST RECORDED DURING A MEETING, A BLOCK AWAY. // BLAST ACTUALITY, IN AND UNDER // IT WAS A FAR-LESS-EMOTIONAL START THAN THE START OF THE MCVEIGH TRIAL. BUT THE SOUND OF THE BLAST MADE IT NO LESS DIFFICULT FOR RUDY GUSEMAN, BROTHER OF RANDY GUSEMAN, WHO DIED IN THE BOMBING. // GUSEMAN ACTUALITY // THAT BROUGHT BACK MEMORIES. I WASN'T THERE, BUT IT FELT LIKE I WAS THERE." // END ACTUALITY // THE DEFENDANT'S MOTHER AND SISTER SAT IN THE FRONT ROW OF THE COURTROOM. THE DEFENSE IS TRYING TO SHOW THAT TERRY NICHOLS IS A FAMILY MAN. (SIGNED) NEB / PT-T / WD-T / WD 03-Nov-97 11:38 PM EST (0438 UTC) NNNN Source: Voice of America .