Nichols Must Answer Questions Or Face Life Term, Judge Says

DENVER —  A federal judge on Wednesday told Terry L. Nichols that he intends to sentence him to life in prison unless Nichols helps resolve lingering questions about the Oklahoma City bombing.

But U.S. District Judge Richard P. Matsch delayed setting a sentencing date after an unexpected dispute arose over restitution to victims.

“There are, as a result of the investigation, a number of questions unanswered,” Matsch told defense attorney Michael E. Tigar. “If the defendant, Mr. Nichols, comes forward with answers or information leading to answers, it would be something that the court could consider in imposing sentence.”

Tigar immediately objected, saying the prospect of a death sentence still hangs over his client in Oklahoma on state murder charges.

“From the beginning of this case down to this day, that prospect and the prospect that whatever words he utters then fall into hands that do not have his best interests at heart has constrained us,” he said.

Tigar revealed the sentencing had been tentatively set for April 17, but Matsch said he would deal with restitution issues first.

Government attorneys want Matsch to consider requiring Nichols to repay victims as part of his sentencing. Tigar opposed it.

Matsch also rejected a motion by Nichols for a new trial based on withheld potential witness statements, and agreed to allow some bombing victims to speak during the sentencing hearing.

Nichols, 42, was convicted Dec. 23 of a conspiracy and eight counts of involuntary manslaughter in the April 19, 1995, federal building bombing that killed 168 and injured hundreds. The jury deadlocked on whether to impose the death penalty, which leaves Nichols’ sentence to Matsch. The maximum he could now receive is life in prison without parole.