Grade Level

High School

Time Required

1-2 class period(s)

Subjects

Oklahoma History

United States History

Government

Unless otherwise noted, photos providedfrom the Oklahoma City National Memorial& Museum Collections.

Justice: The State Trial ofTerry Nichols

Materials

• State Trial Timeline handout• Video interview with Justice Steven Taylor (25 minutes)

Background/Overview

On June 4, 1997, after being found guilty of conspiracy to use a weaponof mass destruction and eight counts of involuntary manslaughter in thedeaths of eight federal agents, Terry Nichols was sentenced to life inprison without parole. The possibility of the death penalty was no longeran option after the jury became deadlocked during sentencingdeliberation.

Timothy McVeigh and Terry Nichols were charged in federal court withthe deaths of the eight federal agents and not the 160 civilians becausethe federal court only had jurisdiction over the federal officers killed inthe line of duty. Murder is typically a state charge, so the 160 civilians whowere killed were under the jurisdiction of the state of Oklahoma.

The verdict in the federal trial frustrated families and many others whofelt justice had not been served, not only because he was not sentenced todeath, but also because he had not been charged with the deaths of theother 160 victims. Public sentiment was divided, however, as othersbelieved a state trial would be financially and emotionally draining.

Despite strong opposing views on whether or not to try Nichols in thestate of Oklahoma, on March 29, 1999, former Oklahoma County DistrictAttorney Bob Macy filed 160 counts of first degree murder and threelesser charges against him. Since Timothy McVeigh was sentenced todeath in his federal trial, Macy decided not to file state charges againsthim at that time.

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Oklahoma City National Memorial & Museum

Discover Experience learnLessons from the

Oklahoma City BombingProvided in cooperation with the oklahoma state department of education

Objectives

• Students will learn why Terry Nichols was tried in Oklahoma on state murder charges.• Students will learn that every U.S. citizen is entitled to a fair trial and how the trial process works.• Students will understand the meaning of fair and impartial juror.

Procedure

•Discuss the fact that the Constitution entitles every U.S. citizen to the right to a fair trial with an impartialjury, regardless of the crime.•Discuss why state charges were brought against Terry Nichols and share trial timeline.• Show video interview with Justice Steven Taylor.• Ask students their opinions on whether or not they feel the state trial was necessary and if they feel justice

was served.

Suggested Assessment/Activities

• Access newspaper reports of the trial coverage from the archives of The Oklahoman, from which students canfollow the trial process and report/reflect on the following:

The impact of the trial on the community of McAlester

Reactions from family members and others attending the trial

Financial impact

Media/photos/headlines

Access to The Oklahoman’s Archives is free for teachers, courtesy of Devon Energy.

• Research the rights of U. S. citizens in the judicial process.• Judge Taylor is now Vice Chief Justice of the Oklahoma Supreme Court. Research Justice Taylor’s credentials

and accomplishments.

Source

9:02 a.m. The Official Record of the Oklahoma City Bombing, Oklahoma Today Magazine, 2005.

Additional Resource

The American Jury www.crfc.org/americanjury

Oklahoma City National Memorial & Museum Teacher Lesson Plans

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©2010 Oklahoma City National Memorial & Museum620 N Harvey Ave • Oklahoma City, OK 73102 • 405.235.3313 or 888.542.HOPE

OklahomaCityNationalMemorial.org

State Trial Timeline

March 29, 1999

Former Oklahoma County District Court DistrictAttorney Bob Macy charges Terry Nichols with 160counts of first degree murder and one count each ofconspiracy to commit murder and aiding in the placing ofa bomb against a public building. Nichols is also chargedwith one count of manslaughter over the death of anunborn child. In state law, manslaughter can be chargedif the unborn child could live outside the mother’s womb.

January 31, 2000

Terry Nichols is transported by federal marshals from a maximum securityprison in Florence, Colorado, to the Oklahoma County jail in Oklahoma Cityto await trial.

September 8, 2003

Concerns over pretrial publicity influencing the juryprompt a motion for a change of venue to be issued.District Judge Steven W. Taylor decides the trial willbe held in McAlester, Oklahoma, in PittsburgCounty. McAlester is chosen because the courtroomhas enough space to seat up to 200 spectators, has anadjacent secure holding area for defendants, and isJudge Taylor’s home courtroom, where he will havehis own staff and familiar surroundings.

March 1, 2004

Jury selection begins.

March 22, 2004

The state trial begins.

May 26, 2004

After just under four hours of deliberation, thejury finds Nichols guilty on all counts.

Oklahoma City National Memorial & Museum Teacher Lesson Plans

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Courtroom Drawing/Oklahoma City NationalMemorial & Museum/Lopez Collection

June 11, 2004

The jury is deadlocked on sentencing; therefore, Judge Steven Taylor must decide what sentenceshould be imposed. Just as in the federal case, since the jury is deadlocked, the sentence of death isno longer an option.

August 9, 2004

Terry Nichols is sentenced to 161 consecutive life terms. He is noteligible for parole.

Nichols is incarcerated at ADX, the United States PenitentiaryAdministrative Maximum, commonly referred to as Supermax, inFlorence, Colorado.

Oklahoma City National Memorial & Museum Teacher Lesson Plans

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©2010 Oklahoma City National Memorial & Museum620 N Harvey Ave • Oklahoma City, OK 73102 • 405.235.3313 or 888.542.HOPE

OklahomaCityNationalMemorial.org