DATE=01/08/98
TYPE=U-S U-S OPINION ROUNDUP
NUMBER=6-10522
TITLE=THE SENTENCING OF TERRY NICHOLS:A JURY DEADLOCKED
BYLINE=ANDREW N. GUTHRIE
TELEPHONE=619-3335
DATELINE=WASHINGTON
EDITOR=ASSIGNMENTS
CONTENT=
INTRO: A FEDERAL JURY IN DENVER HAS TOLD THE JUDGE IN THE TERRY
NICHOLS BOMBING TRIAL IT CANNOT REACH A UNANIMOUS AGREEMENT ON
WHAT HIS SENTENCE SHOULD BE AND SO HAS LEFT IT UP TO THE JUDGE.
THE DECISION, ANNOUNCED LATE WEDNESDAY, HAS PROMPTED A RAPID
OUTPOURING OF COMMENT IN THE U-S PRESS, AND _____________ JOINS
US NOW WITH A SAMPLING IN TODAY'S U-S OPINION ROUNDUP.
TEXT: IN THE EARLIER PHASE OF THE TRIAL, TO DETERMINE THE
INNOCENCE OR GUILT OF NICHOLS, THE JURY CONVICTED HIM OF
CONSPIRACY IN THE HUGE BOMBING THAT KILLED 168 MEN, WOMEN AND
CHILDREN AT THE MAIN FEDERAL BUILDING IN OKLAHOMA CITY, TWO YEARS
AGO. BUT THE JURY, NOTING THAT NICHOLS WAS NOT AT THE SCENE OF
THE CRIME, AND COULD ONLY BE LINKED WITH HELPING BUILD THE BOMB,
DID NOT CONVICT HIM OF MURDER. INSTEAD THE 12 MEN AND WOMEN
FOUND HIM GUILTY OF THE SIGNIFICANTLY LESSER CHARGE OF
MANSLAUGHTER, PROMPTING MUCH CRITICISM FROM THE FAMILIES OF THE
VICTIMS, AND FROM SOME LEGAL SCHOLARS. THEY CALLED IT A
CONFUSING AND CONTRADICTORY VERDICT.
APPARENTLY THAT CONFUSION AMONG THE JURORS CARRIED OVER INTO THE
SENTENCING PHASE OF THE TRIAL, AND SOME PAPERS ARE SAYING DUE TO
THEIR GUILTY VERDICTS, THIS INABILITY TO FIND AGREEMENT ON A
SENTENCE WAS NOT A COMPLETE SURPRISE. NOW THE SENTENCE, WHICH
COULD RANGE FROM 20-YEARS IN PRISON TO LIFE WITHOUT PAROLE, IS UP
TO JUDGE RICHARD MATSCH.
AS TO HOW THE PRESS IS GREETING THIS LATEST DEVELOPMENT, WE GET A
FLORIDA OPINION NOW FROM "THE MIAMI HERALD," WHICH SAYS THE
JURORS TRIED THEIR BEST.
VOICE: ONLY THE JURORS THEMSELVES CAN SAY HOW DIFFICULT IT WAS
TO RESOLVE THE ISSUES THAT DIVIDED THEM IN THE TRIAL OF
TERRY NICHOLS FOR HIS PART IN THE TERRORIST BOMBING ...
THERE IS NO SHAME IN THEIR CONCLUDING ... THAT THEY WERE
HOPELESSLY DEADLOCKED. THEIRS WAS A FRIGHTFUL DUTY, TO
SIT IN JUDGMENT OF A FELLOW HUMAN, WITH LIFE OR DEATH
HANGING IN THE BALANCE. ...TO WEIGH AND CALIBRATE ALL
OF THE INFORMATION, FAVORABLE AND UNFAVORABLE, AND
RENDER FAIR JUDGMENT THAT RESONATES TRUE TO THE LAW, THE
FACTS, AND AS IMPORTANT, TO THEMSELVES. ... JURY
FOREPERSON NIKI DEUTSHMAN SAID AFTERWARD THAT THE
GOVERNMENT'S CASE LEFT MUCH ROOM FOR DOUBT, AND SHE
ACKNOWLEDGED THE VERDICT TO BE A COMPROMISE. GIVEN THE
EVIDENCE, THAT WAS REASONABLE. NOW IT BECOMES U-S
DISTRICT JUDGE RICHARD MATSCH'S RESPONSIBILITY TO SETTLE
NICHOLS'S FATE. ... SO FAR HE HAS HANDLED THIS
INTENSELY PUBLIC TRIAL WITH FIRMNESS AND CIRCUMSPECTION.
IT WOULD BE DIFFICULT TO IMAGINE THAT HIS JUDGMENT ON
SENTENCING WOULD DO ANYTHING BUT HEW TO THAT SAME
ADMIRABLE DEVOTION TO JUSTICE.
TEXT: IN TEXAS, "THE DALLAS MORNING NEWS" LOOKS DOWN THE ROAD TO
THE FACT THAT, AFTER THIS FEDERAL TRIAL IS OVER, THERE IS THE
PROSPECT OF ADDITIONAL STATE MURDER TRIALS FOR BOTH MEN IN
OKLAHOMA. THE FEDERAL TRIAL IN DENVER ONLY COVERED THE
DESTRUCTION OF THE BUILDING AND THE DEATH OF EIGHT VICTIMS, ALL
FEDERAL LAW ENFORCEMENT OFFICERS. SAYS "THE DALLAS MORNING
NEWS:"
VOICE: /// OPT /// ANYONE WHO HAS EVER SERVED ON A JURY KNOWS
THAT THEY ARE OFTEN COMPOSED OF MEN AND WOMEN WITH
STRONG WILLS AND UNSWERVABLE OPINIONS. SO IT SHOULD
SHOCK NO ONE THAT A JURY WAS UNABLE TO AGREE ON A
SENTENCE FOR TERRY NICHOLS ... SPEAKING TO REPORTERS
AFTER [THE] JUDGE ... ANNOUNCED THE DEADLOCK, FOREWOMAN
NIKI DEUTCHMAN EXPLAINED THAT SOME JURORS THOUGHT MR.
NICHOLS DESERVED A VERY STERN SENTENCE, EITHER DEATH OR
LIFE IN PRISON; OTHERS APPARENTLY THOUGHT HE DESERVED
SOMETHING LESS. NOBODY WAS BUDGING. THE STANDOFF WAS A
REFLECTION OF THE JURY'S DIVIDED OPINION AS TO THE
DEGREE OF MR. NICHOLS' GUILT. /// END OPT /// ... THE
DEADLOCK MEANS THAT THERE IS NO POSSIBILITY MR. NICHOLS
WILL WALK TO A FEDERAL GALLOWS. IN FEDERAL COURT, ONLY
A JURY CAN SENTENCE SOMEONE TO DEATH, AND THIS JURY
BALKED. HOWEVER, MR. NICHOLS IS NOT OFF THE HOOK [OUT
OF DANGER OF PUNISHMENT]. ... THERE IS EVERY REASON TO
BELIEVE THAT THE JUDGE MAY GIVE MR. NICHOLS LIFE IN
PRISON WITHOUT POSSIBILITY OF PAROLE OR A PRISON
SENTENCE THAT IS SO LONG ... HE WOULD NEVER OUTLIVE IT.
... FURTHERMORE, THE DISTRICT ATTORNEY IN OKLAHOMA CITY
HAS VOWED TO TRY MR. NICHOLS ON STATE MURDER CHARGES.
... TRYING MR. NICHOLS AGAIN IN OKLAHOMA WOULD NOT BE
MERE LUST FOR BLOOD OF A CONVICTED TERRORIST WHO MANY
OKLAHOMANS PERCEIVE TO HAVE GOTTEN OFF LIGHT. ...
RATHER, IT WOULD FORCE MR. NICHOLS TO ANSWER FOR ALL THE
CRIMES HE ALLEGEDLY COMMITTED. FURTHERMORE, IT WOULD
ALLOW AN OKLAHOMA JURY TO CORRECT THE FEDERAL JURY'S
INCONSISTENT VERDICTS AND INDECISION AS TO AN
APPROPRIATE SENTENCE.
TEXT: GIVEN THE CONFUSION IT TALKED ABOUT IN THE VERDICT ITSELF,
"THE WASHINGTON POST" SAYS THE FAILURE TO AGREE ON A SENTENCE WAS
NOT UNEXPECTED.
VOICE: IT IS NO GREAT SURPRISE THAT THE JURY IN THE TRIAL OF
TERRY ... NICHOLS, HAVING RENDERED A VERDICT THIS
INTERNALLY INCONSISTENT, HAD DEADLOCKED ON WHETHER MR.
NICHOLS DESERVES DEATH. ... AN INTERNALLY INCONSISTENT
VERDICT IS NOT NECESSARILY AN ILLEGITIMATE ONE. ...
AFTER LENGTHY, DETAILED TESTIMONY BEFORE A JUDGE WHO RAN
A SMOOTH AND SERIOUS TRIAL, THESE JURORS WERE CONVINCED
THAT THE GOVERNMENT'S CASE HAD CERTAIN LIMITED
EFFICIENCIES. MR. NICHOLS' GUILT, THEY DETERMINED, WAS
PROVEN, BUT NOT TOTAL. THIS CONCLUSION IS DUE
DEFERENCE... THERE IS NO REASON TO VIEW THIS LATEST
RESULT AS A MISCARRIAGE OF JUSTICE.
TEXT: "THE NEW YORK TIMES," USED THE JURY'S FAILURE TO REACH A
COMMON SENTENCE TO ONCE AGAIN ATTACK THE MORALITY OF THE DEATH
PENALTY, AND THE HUGE BURDEN IT PUTS ON ANY JURY IN A CAPITAL
[MURDER] CASE.
VOICE: .... THIS CASE ... SHOWS THE COSTLY FOLLY OF SEEKING
DEATH WHEN A LIFE SENTENCE WOULD PROTECT THE PUBLIC AND
EXACT A SEVERE PUNISHMENT. ...THE FEDERAL JURY'S
INABILITY TO AGREE ON THE HARSHEST PENALTIES IS NOT
ALTOGETHER SURPRISING GIVEN THE PANEL'S INITIAL VERDICT
EXONERATING MR. NICHOLS OF THE MOST SERIOUS CHARGES.
... BY FAILING TO DECIDE BETWEEN A DEATH SENTENCE OR
LIFE WITHOUT PAROLE, THE HUNG JURY CREATES THE
POSSIBILITY THAT THE JUDGE MAY IMPOSE A LESSER SENTENCE
THAN LIFE. EVEN SO, JUDGE ... RICHARD ... MATSCH HAS
AMPLE LATITUDE TO GIVE MR. NICHOLS A SEVERE PUNISHMENT
FOR THE 168 LIVES THAT WERE LOST.
TEXT: ON LONG ISLAND, "NEWSDAY" AGREES WITH "THE TIMES"
CONCLUDING:
VOICE: ALTHOUGH THIS EDITORIAL PAGE OPPOSES CAPITAL PUNISHMENT
EVEN FOR THE MOST HEINOUS CRIMES, A LIFE SENTENCE FOR
NICHOLS WITH ONLY A DISTANT POSSIBILITY OF PAROLE WOULD
BE JUSTIFIED ON THIS RECORD.
TEXT: THAT CONCLUDES THIS EARLY SAMPLING OF OPINION ON THE
FAILURE OF A FEDERAL JURY IN DENVER TO REACH A UNANIMOUS VERDICT
IN THE SENTENCING OF
CONVICTED OKLAHOMA BOMBING ACCOMPLICE TERRY NICHOLS.
NEB/ANG/RAE
08-Jan-98 1:33 PM EST (1833 UTC)
NNNN
Source: Voice of America
.