The FBI failed to give both defense and prosecutions attorneys some 4,000 pages of documents related to the Oklahoma City bombing case, but this was brushed aside by Attorney General John Ashcroft, FBI director Louis Freeh and Justice Department prosecutors. They said the withheld documents were of no importance. They wanted us to believe that they were junk, clippings from magazines and reports that were equivalent to Elvis sightings and that none of them had any relevance to McVeigh’s guilt or innocence.
In our last report on this matter, we agreed that they could have no bearing on the guilt of Timothy McVeigh. He has admitted his guilt, but there have been many eyewitnesses who told the FBI that they had seen men with McVeigh and Terry Nichols who were clearly involved in the plot to blow up the Murrah Building. Robert Woods, an ex-FBI agent who is one of Terry Nichols’ attorneys, talked to many witnesses who were questioned by the FBI about suspicious individuals seen with McVeigh and Nichols when they were plotting the bombing, but Woods had seen no FBI reports on what these witnesses told the FBI.
We reported that Jayna Davis, who investigated the Murrah Building bombing as a reporter for the NBC TV station in Oklahoma City, told us that the FBI confiscated 23 surveillance tapes from cameras trained on the Murrah Bldg. and the nearby area. Those tapes have not been made public. Jayna Davis believes some show a dark-skinned man who several witnesses saw with McVeigh prior to the bombing. The FBI had distributed artists sketches of this man, calling him John Doe number two, but they later claimed that the witnesses who first described him was mistaken and that there was no John Doe number two.
But the New York Times reported on May 27 that the documents the FBI withheld included a report of a call they got from Morris Kuper two days after the Bombing. Kuper told them that an hour before the bombing, he had seen a man resembling McVeigh with a muscular, dark-skinned man walking toward a parking lot a block away from the Murrah Building and getting into an old car similar to McVeigh’s.
Kuper, testifying at Terry Nichols’ trial, said he told the FBI that there were surveillance cameras at the public library and Southwestern Bell that might have video tape showing these two men. At the trial, prosecutor Patrick Ryan tried to discredit this testimony, claiming that Kuper did not contact FBI until over four months after the bombing. The New York Times says Ryan claims he had never seen the report that proved Kuper was telling the truth. He said he would not have misled the jury if he had known of it.
Nichols’ lead attorney, Michael Tigar, has informed the Supreme Court that he has found at least two instances in which prosecutors’ efforts to discredit witnesses were contradicted by the newly discovered documents. If the FBI withheld evidence proving that there was a John Doe number two who was an accomplice, and possibly the mastermind behind the bombing, he must be found and prosecuted. He may be an Osama Bin Laden agent. McVeigh should be kept alive and induced to testify against him.