McVeigh and Nichols will try to exploit such confusion. Their lawyers will also make the most of the fact that the FBI never found John Doe No. 2, a man allegedly with McVeigh when he rented the Ryder truck. If the Feds can’t be sure John Doe No. 2 even exists, the defense will argue, how can they be sure they have John Doe No. 1?
The government’s case is weakened by the absence of an eyewitness willing to testify that McVeigh planted the bomb. Michael Fortier, an army buddy of McVeigh’s, says that McVeigh visited the Murrah building and told him he intended to bomb it, but Fortier did not actually see the crime.
But there is strong physical and circumstantial evidence. The FBI found a receipt for ammonium nitrate fertilizer – the same substance used in the bombing – in Terry Nichols’s basement. The receipt had McVeigh’s fingerprint on it. Records and witnesses indicate that the two old army friends rented lockers to store the fertilizer. Traces of explosives similar to those used in the bombing were found on McVeigh’s clothing after he was arrested.
The case against Nichols seems weaker. His lawyer, Mike Tigar, will try to show that Nichols fell out with McVeigh and was not in Oklahoma City on the day of the blast. Justice officials say Nichols may try to get a lesser sentence in exchange for testifying against McVeigh. But even if he doesn’t, the Feds say that prosecutor Joseph Hartzler’s case still looks strong enough to send both men to their death.
