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Date Posted: 19:52:23 10/24/02 Thu
Author: Redneck
Subject: Exactly the way I want my tax dollars spent

Court seeks to resolve cost of Nichols case
2002-10-24
By Nolan Clay
The Oklahoman

Justices at the Oklahoma Supreme Court complained Wednesday about the high cost of the state case against Terry Nichols but said they did not have the authority to dismiss it.
One justice suggested Oklahoma County District Attorney Wes Lane could delay the case "until better economic times." The prosecutor replied he could not, in part because witnesses could die and because of the message it would send to other criminals.

"I feel like I'm in a box," said Lane, who told justices he has tried to resolve the case through plea negotiations.

Justices spent nearly two hours hearing from Nichols' lead attorney, the district attorney and the judge overseeing defense expenses. The Supreme Court is trying to resolve a dispute over how much to pay defense attorneys in the future.

Defense attorneys have spent $1.7 million on the case but have not been paid for months. Nichols is seeking either a dismissal or a guarantee his attorneys will be paid.

Lead attorney Brian Hermanson estimated the defense will need $2.7 million more for just basic expenses the next three years. Defense attorneys are seeking almost $500,000 more for unpaid work over the last year.

Prosecutors told the Supreme Court they could spend $385,232 on the preliminary hearing and trial. That includes the costs associated with 217 prosecution witnesses at trial.

Nichols, 47, was convicted at a federal trial of the conspiracy to bomb the Oklahoma City federal building and the involuntary manslaughter of eight federal agents. His state case is over the 160 others who died as a result of the 1995 attack.

Justices spent little time on the dismissal request, with one noting they did not have that authority under the state constitution. Instead, they focused on the funding dispute.

Justice Joseph M. Watt questioned "why are we going to spend millions of dollars" when Nichols has lost all his federal appeals and is serving a life sentence without possibility of release.

"That's the problem I'm having," Watt said.

Justice Ralph B. Hodges said he was outraged over the expense and delays in the case.

"We haven't even had the preliminary hearing. I think a lot of people in the state of Oklahoma and elsewhere are outraged it's taken so much time," Hodges told Nichols' lead attorney. "It seems like to me with you it is just money is the reason we don't have it."

Hermanson disputed the criticism, blaming the delays on prosecutors and the FBI's mishandling of documents.

The FBI foul-up also delayed bomber Timothy McVeigh's execution.

Nichols' defense has been paid out of the Oklahoma County court fund -- a collection of fines, fees and forfeitures in civil, traffic and criminal cases. The money also helps pay for the defense in other cases, for jurors, for judicial salaries and for other court-related costs.

Justice Yvonne Kauger said she was concerned about the impact of continuing to pay for the Nichols' case at a time of salary cuts.

"We are looking at furloughs and layoffs," she said. "Are you suggesting we eliminate some special judges?"

Oklahoma County's presiding judge, Dan Owens, told the Supreme Court that defense bills have had so little detail he cannot determine whether they are reasonable.

"I don't know what he's done. It's not that I don't want to pay," Owens said.

The judge used charts in his argument to the justices. He said Oklahoma County's public defenders handle more than 10,400 cases a year for $2.89 million.

Some justices agreed with him about the defense bills. Justice Daniel J. Boudreau called them "a little cryptic and vague."

But Watt said, "I want this man paid some money. ... This case is probably going to drag on for years and years and years because the two sides can't get together (on expenses.)"

Hermanson wants to be paid $185 an hour. The judge is willing to pay the lead attorney $116 an hour.

Hermanson also wants enough money to have three other full-time attorneys and one part-time attorney.

Owens revealed at the hearing that a new presiding judge will have to deal with the funding controversy next year.

"It won't be my problem after the first of the year, Justice Watt," Owens said. "I am bailing out of this. ... I don't need this any more. I can't take care of my personal business at the courthouse."

Nichols was not present for the hearing at the state Capitol. His defense attorneys have estimated his trial will take at least a year. Prosecutors Wednesday estimated the trial will last half that time.

The 1997 federal trial took slightly more than three months.

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The SOB is guilty. I know that. He should have taken the needle just like McViegh. I just don't see spending anymore money on the bastard. Let him rot in jail.

Redneck

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