IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 96-CR-68 UNITED STATES OF AMERICA, Plaintiff, vs. TIMOTHY JAMES McVEIGH, Defendant. ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ REPORTER'S TRANSCRIPT (Trial to Jury - Volume 83) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Proceedings before the HONORABLE RICHARD P. MATSCH, Judge, United States District Court for the District of Colorado, commencing at 1:38 p.m., on the 7th day of May, 1997, in Courtroom C-204, United States Courthouse, Denver, Colorado. Proceeding Recorded by Mechanical Stenography, Transcription Produced via Computer by Paul Zuckerman, 1929 Stout Street, P.O. Box 3563, Denver, Colorado, 80294, (303) 629-9285 APPEARANCES PATRICK M. RYAN, United States Attorney for the Western District of Oklahoma, 210 West Park Avenue, Suite 400, Oklahoma City, Oklahoma, 73102, appearing for the plaintiff. JOSEPH H. HARTZLER, LARRY A. MACKEY, BETH WILKINSON, SCOTT MENDELOFF, AITAN GOELMAN, JAMIE ORENSTEIN and VICKI BEHENNA, Special Attorneys to the U.S. Attorney General, 1961 Stout Street, Suite 1200, Denver, Colorado, 80294, appearing for the plaintiff. ROBERT NIGH, JR., and AMBER McLAUGHLIN, Attorneys at Law, Jones, Wyatt & Roberts, 999 18th Street, Suite 2460, Denver, Colorado, 80202; and CHERYL A. RAMSEY, Attorney at Law, Szlichta and Ramsey, 8 Main Place, Post Office Box 1206, Stillwater, Oklahoma, 74076, appearing for Defendant McVeigh. * * * * * PROCEEDINGS (Reconvened at 1:38 p.m.) THE COURT: Be seated, please. Is Mr. Dexter the next witness? MR. HARTZLER: No. We're going to call Lawrence Martin next and then Mr. Dexter. THE COURT: All right. Well, I take it that a lot of the direct on Mr. Dexter will be the foundation for this summary exhibit, and I don't think we can hear the objections to it until the foundation is laid; so it may be that we'll have an interruption before -- as far as the jury is concerned before proceeding with the substantive use of the summary exhibit if it's received. So I would intend to take the objections to that after we hear the foundation. MS. RAMSEY: After we hear Mr. Dexter. THE COURT: Yeah. I mean, it's premature to talk about it now. I don't know what he'll say. MS. RAMSEY: I agree. I think you need to hear his testimony before. THE COURT: All right. (Jury in at 1:39 p.m.) THE COURT: All right. Next witness, please. MR. HARTZLER: Lawrence Martin. Mr. Ryan will question him. THE COURT: Thank you. (Lawrence Martin affirmed.) THE COURTROOM DEPUTY: Thank you. Would you have a seat, please. Would you state your full name for the record, and spell your last name. THE WITNESS: My name is Lawrence Martin, and it's spelled M-A-R-T-I-N. THE COURTROOM DEPUTY: Thank you. THE COURT: Mr. Ryan. MR. RYAN: Thank you, your Honor. Lawrence Martin - Direct DIRECT EXAMINATION BY MR. RYAN: Q. Mr. Martin, where do you live? A. I live in Oklahoma City. Q. Are you married? A. Yes. Q. And children? A. No children. Q. Are you employed? A. I was in the United States Army. I was a captain, and now I'm substitute teaching for the Oklahoma City schools. Q. What is your age? A. 40. Q. What is your education, sir? A. I went to Indiana Wesleyan University, graduated in 1980 with an elementary education degree. Q. What did you do after you obtained your degree? A. I found a job as a teacher and coach, taught fifth and sixth graders for five years. Q. All right. And then up until what year then would you have completed your five years of teaching? A. 1985. And always in the back of my mind, I had a dream of being an Army officer; and so I decided to stop teaching and to go for my gold, pursue that. Q. And did you do that? Lawrence Martin - Direct A. Yes, I did. Q. Tell us about that, please. A. I went down to your local recruiter station and they got me all signed up, and then I went to OCS, officer candidate school, at Fort Benning, Georgia, went through 15-week training there; and then I was assigned to Fort Knox for armor -- the armored basic course to be trained on tanks. After that six-month course, my wife and I were assigned to Fort Dix, New Jersey, where I was an executive officer of a basic training company. After that assignment, I noticed I needed to try and get back into my branch with tanks again, so I got Korea, that assignment, spent one year in Korea on a company tour; and I was a platoon leader with the tanks. Q. What kind of tanks are we talking about? A. These are M-683 tanks just before the M-1 tanks came into production. Q. And were you physically located in a tank while you were doing your service in Korea -- or not all the time, just part of the time? A. I was located at Camp Casey, which is about 15 miles south of the DMZ; and most of my duty was in the field with the tanks. Q. Okay. All right. After you completed your tour in Korea, where are we chronologically? A. Okay. After Korea, I saw the downsizing in the military in Lawrence Martin - Direct the early 90's, so I said it would be a smart move to switch to another branch; instead of being with armor, combat branch, be with the people business, Adjutant General Corps, and so that's what I did. I switched to that branch, went to training for six months, and then I was -- that was at Fort Benjamin Harrison, Indiana, and then my first assignment with that branch was Fort Sill, Oklahoma, where I was for two years. Q. Where is Fort Sill, Oklahoma? A. Fort Sill is located southwest about 90 miles from Oklahoma City. Q. What did you do at Fort Sill? A. At Fort Sill, I was in charge of the requisitions, how many people came into the military, how many people went out; and so I kept everything balanced is what I did. So I had three main units there at Fort Sill, and I made sure that everybody was up to strength. So that was basically my job. Q. All right. After you completed -- when did you -- before we do that, when did you complete your two-year assignment at Fort Sill? A. It would have been in 1993. Q. All right. And what did you do following the completion of the two years there at Fort Sill? A. Okay. After that assignment, my branch manager said I had a choice of five locations that I could go to for my next assignment, and I talked with my wife. And Oklahoma City was Lawrence Martin - Direct one of the assignments, and so that's where we went, to Oklahoma City. Q. All right. And what was your assigned duty in Oklahoma City? A. Okay. I was a -- with personal administration again, something like Fort Sill where I did the requisitions, how many recruiters were coming in, how many recruiters were going out. Just keep a balance of all of the personnel is what my responsibilities were. Q. All right. And where did you work in Oklahoma City? A. I worked on the fourth floor of the Murrah Federal Building. Q. All right. Would you explain the presence of the Army and their offices in the Murrah Building in April of 1995. A. Start with the third floor. We had personnel that were on that floor. There were three people down there -- Q. Before we go to the specific people, just talk to us generally about what kind of presence was in the Murrah Building in terms of the kinds of things that were done there and the number of people who worked there. A. Okay. We had 29 assigned to the Oklahoma City recruiting battalion. There were 16 military and there were 13 civilians that were assigned. Q. And generally speaking, what did those 29 people do? A. Anything to help with the recruiting effort, to bring our Lawrence Martin - Direct young adults into the military, just to screen applicants, make sure things were correct, not under age; but we have rules, you know, to make sure that these people are following. Q. All right. Now, I have about three exhibits that are already admitted into evidence, and I'm going to show them on the computer, please. Let's first turn to the third floor of the Murrah Building. Should come up on your screen there in a moment. Do you have it? Would you explain to us where the Army was located on the third floor and who was there. A. Okay. Go ahead and mark it? Q. Yes. Go ahead, and you can use that pen and demonstrate to the jury the location of the Army on the third floor and who was there. A. This was our secretary for the Oklahoma City recruiting company, Marisa. That was her office right there. Q. All right. Kind of take us through the rest of the space there on the third floor. A. Right. Okay. This is where our first sergeant was for the Oklahoma City recruiting company. This was First Sergeant Price that was located in that area, and then this was our -- the company commander, and his name was Captain Towdy. So there were three sections that made up that whole office. Q. All right. So three of the 29 people connected with the Lawrence Martin - Direct Army in the Murrah Building were on the third floor? A. The 29 was just for the Oklahoma City recruiting battalion. Q. Yes. A. That's separate. The 29. This is a company. There are six companies that fall -- that make up the battalion, and this is one of the companies, the Oklahoma City recruiting company. Q. All right. And the balance of the employees in the Murrah Building with the Army are on the fourth floor? A. Yes, sir. Q. All right. Let's turn to that. Do you have that on the screen yet? A. No. No, I don't. Now I do. Q. Okay. Now, if you would, why don't you take us from the standpoint of someone who is coming into the building arriving up on the elevator on the fourth floor. Let's enter through the door, Army office there; and take us around the office and tell us who worked there in April of '95. A. Okay. This is the front door right here. If I was to go over in this section, this is public affairs. I go into this office right here. This is John Moss's office. He's the chief of advertising and public affairs. Next to him is Peggy Holland, and she is our computer specialist. She worked in that office. And then we have Karen Carr, who is the advertising assistant, who is right there. And then we had a Clark Peterson, and he was -- also helped with the public Lawrence Martin - Direct affairs. So we had four people that were in that section of the office, the public affairs office. Q. All right. A. Okay. So going from that office, and I come over, go through this doorway, there was a Sergeant Davenport that works in this section. This is the operations section. What I'm going to do is just draw a line to show you -- well, it's not doing it. This is the operations section. Sergeant Davenport was there; and the next person that we came in contact with was Sergeant Sohn, and she was located right there. Q. Why don't you put an X where Sergeant Sohn was. A. Okay. Q. Okay. Keep going, please. A. Okay. The next two individuals that we come across are Dolores Stratton and Wanda Watkins. This is Dolores right here. And Wanda worked right here on that side of the wall right there. Q. All right. And why don't you erase all those marks for us before we go on to the rest of the floor space. Okay. Now -- A. Okay. Next, we go to my section, and this is the personnel section. This is where we do our personal administration. I said this is where we do the requisitions. This is -- we have a Sergeant Evans. He was my E-7 sergeant. We had a Sergeant Blanchard, we had a Sergeant Travis, and we had a Sergeant Lawrence Martin - Direct Thompson. And then we had a Cindy Hawkins. She was a civilian worker. And then my office is this square back here, this section right here. Q. Over in the far -- that would be, what, the northeast -- northwest corner of the Murrah Building? A. Yes, sir. Northwest corner. Q. All right. Okay. Why don't you erase those marks and continue on through the floor space there, please. A. Okay. Next, we've got our supply section. This is going from my office to the supply office. We have Sergeant Bolden. We have Sergeant Jones. It's not marking. Q. Just go real slow with it. A. Okay. Sergeant Jones. We have two civilians. We have Anthony Scott. We have Jackie Ned Walton. It's not specifically marked where that X is there. Okay. So they were in the supply section. Q. All right. Why don't you erase those marks, if you would. A. I'm trying to. Q. Are you clicking the side of the pen? A. Yes. There we go. Q. There we go. A. Okay. The next section, we have what's called the RT shop, and we have -- Q. What does that stand for? A. That is recruiter trainers, and these -- there was a Lawrence Martin - Direct Sergeant Gordon and a Sergeant Miller, who -- I'll mark both of them in there. That they trained their recruiters so they know what to do. Q. All right. If you'll remove those marks. A. Okay. As we go back, we go into the command section and we have the colonel's secretary, and that's Jona Lee Gert. That's where she's located. Then we go back to my commander, Colonel Carr. He's back in that section. And then we have Major Bain, who is the executive officer. And then we have Sergeant Major Stewart. Next to his office -- that takes care of the command section -- we have the education office, and there's a Kathy Hamilton that works there and taking care of test scores with high school folks, that kind of thing. Next, we have two people that are back here, a Vicki Hamm and a Jerri McCauley; and they are the budget folks that take care of all the money for the Oklahoma City recruiting battalion. Q. Okay. A. And that is everybody. Q. All right. Thank you. Now, let me turn your attention to April 19, 1995. I would like for you to tell us about your morning, when you got up and what you did. A. Okay. I got up around 6:00 that morning. Just did routine things, shower, shave, that kind of thing. But my wife got up with me this particular morning because my car -- my own Lawrence Martin - Direct personal car was in the shop getting repaired. They had picked up some debris off the interstate, so she was going to take me in to work that morning. So we ate breakfast together, and then she took me in to work. Q. Okay. What time did you arrive at work? A. We arrived at 7:30. Q. Tell us -- tell us what you did after you arrived at work at 7:30. A. Okay. So going to the Murrah Federal Building, I go up the elevator, go down the hallway on the fourth floor, and go in the main door again. And the first person I see is a Sergeant Sohn. Q. This is Vickie Sohn? A. Vickie Sohn, right. Usually, Sergeant Sohn was the early person. She came in usually around 6:00, and she's the one that prepared the reports for the colonel to read. Q. After you saw Sergeant Sohn, what did you do? A. Okay. And I was working my way going over to my section, the personal administration section. As I did this, I went across by two people, Wanda Watkins and Dolores Stratton, and they were eating breakfast. They apparently had picked up something from the snack bar across the hallway from our office. Q. Let me stop you right here. Sergeant Sohn, Dolores Stratton and Wanda Watkins, all three of them had offices that Lawrence Martin - Direct faced the north windows of the Murrah Building; is that true? A. Yes, sir. Q. All right. Tell us what you did after you saw Ms. Stratton and Mrs. Watkins. A. Okay. Went over to my section, like I was saying, and then checked in with my sergeants, just went over routine work, that kind of thing that morning. Then I went into my office, and my first project was to work on requisitions, you know, see the balance of incoming personnel, who was going to replace recruiters who had left. So I was going to do this for about an hour, and that's what I worked on. Q. All right. And what did you do after that? A. Well, while I was doing that, there was a Sergeant Bill Titsworth who came in. Q. All right. Now, who is Sergeant Bill Titsworth? A. Okay. Sergeant Bill Titsworth came from Fort Riley. And he had a wife, Chrissy, and two daughters, Kayla and Katie. Q. All right. And did his family come with him? A. His family came with him, but I didn't meet the family -- the rest of the family. Q. All right. Tell us what happened. Did you have an appointment with him that morning? A. It had been worked out that particular day with my E-7 sergeant that he should report that day. He had a two-week span where -- or two-week window where he could have come in Lawrence Martin - Direct any other time except that day to report in for my unit, to my section. Q. Right. A. So he came in. I was on the telephone working on these requisitions, and then he was -- I said to him, you know, "I'll talk to you later. I'll visit you with later, but I'm glad to have you here." And that was it, the last time I talked to him. Q. Let's start there with Sergeant Titsworth. You said he had been previously assigned to Fort Riley, Kansas. That's near Junction City; correct? A. Yes, it is. Q. All right. And then he was doing what in relationship to your office in the Murrah Building? A. He was in-processing into our office; and as I mentioned earlier, he had a two-week window where he could have come any other time. Q. So he was going to work there on the fourth floor of the Murrah Building? A. Right. Q. Okay. So that was his new duty assignment? A. Yes, sir. Q. All right. After you had this brief conversation with Sergeant Bill Titsworth, what did you do? A. Okay. It was getting to be near 9:00, and I was -- my next Lawrence Martin - Direct project was to work -- have a conference call with San Antonio, Texas, and St. Louis, Missouri. San Antonio is our recruiting headquarters for Oklahoma City recruiting battalion, and St. Louis, Missouri, was the reserve Army section. And so I had a three-way conversation going all at once to try and get a recruiter out of the Army who had been in an automobile wreck, who had ran his car into a tree. Q. All right. Were you by yourself? A. Yes, I was. Q. And this is what time of the morning? A. This was around 9:00. Q. Now, how many people of the 29 that worked there for the Army on the fourth floor were there on the morning of April 19, 1995? A. We had people going to doctors' appointments, colonel, sergeant, major were on a trip down to San Antonio coming back. We had 22 that were there that particular day. Q. 22 of the 29? A. Yes, sir. Q. All right. After you went into your office to have this conversation that you told us about with San Antonio, did you ever again see Sergeant Vickie Sohn alive? A. No, I didn't. Q. How about Dolores Stratton? A. No. Lawrence Martin - Direct Q. Wanda Watkins? A. No. Q. Sergeant Lola Bolden? A. No. Q. Karen Carr? A. No. Q. Peggy Holland? A. No. Q. John Moss? A. No. Q. All right. Tell us what happened while you were on the telephone call. A. Everything happened so quickly. And I was about 4 or 5 feet away from the windows the way my office was -- the way my chair and desk were. So it happened so quickly, I didn't have time to react, to hide or whatever, find cover. It just happened so quickly. And I ended up about 12 feet from my desk, went through a wall, and ended up in the next office. Q. Did you ever hear anything? A. No. I -- I did not hear a noise at all. Q. All right. Tell us what happened after you found yourself knocked through this wall. A. Okay. I wasn't unconscious at all, but everything was in a slow motion. It -- it had been like I had been in a boxing ring and had gotten beaten up real badly. My body felt numb, Lawrence Martin - Direct and everything was in slow motion. When I looked up to what used to be my window, all I saw was fire and smoke. Q. Let me ask you to look at a photograph here that's already been admitted into evidence, Exhibit 1007. Do you see this photograph? A. Yes. Q. Do you recognize it? A. Yes. Q. All right. And would you -- would you show the jury where you were in relationship to this photograph. A. Well, I started out in my office right here, and then -- Q. Make it a little larger, if you would, Captain Martin. Okay. A. And then I ended up 12 feet, approximately -- should I mark that? Q. Yes. A. Okay. So I ended up about right there. Q. All right. All right. What did you do now after you had found yourself in this position you described that you felt numb? What happened? What next event occurred? A. Well, another thing that was awful was that two of my sergeants, female sergeants, were crying; and it wasn't like a normal cry. It was like a wailing sound and it was just very eerie, and I knew something bad had really happened. And then I looked at myself and I noticed that on my wrist was damaged Lawrence Martin - Direct real badly and blood was pouring out. And then like I said, I'd been 4 to 5 feet away from the window, and glass had gone in the side of my head in the temple area and also in my eye, so the wounds were really bad at the time. Q. All right. What did you do? A. The -- one of the civilian workers, Anthony Scott, who was assigned to the supply room, he's the first one that saw me. But the first thing if I was to say what happened was I started praying immediately. I started praying. I said, God, take charge of what's going on in this situation. And Anthony Scott came over to calm me down, and then Major Bain, who was on the south side of the building, came and he fortunately went -- wore a tie that day because he usually doesn't wear a tie with his uniform; and he tried to make a tourniquet for my wrist to stop the bleeding. Q. Where did he put the tourniquet? A. Right here. Q. Okay. A. And then he took off his shirt and he covered this section right here that was really bad and -- Q. You're referring to the left side of your face? A. Yes. And I found out later the reason he covered it was because I had a chunk of glass sticking out this 3-inch scar. I had a big piece of glass sticking out. Q. Was that -- what did he do after he placed the tourniquet Lawrence Martin - Direct and placed his shirt over your face? A. Then Major Bain started running around to help other individuals. Q. And you were there alone? A. Anthony Scott stayed with me. Q. Okay. Then what happened? A. And then he escorted me out of the building, the south side of the building since the stairwell was still intact. Took about 20 minutes to get outside, but he had to, you know, help me to get downstairs. And then I sat out there at the intersection on the sidewalk, the person saw me, talked to my wife, described that I was sitting in a pool of blood. Q. Okay. Then what happened? A. Then it was chaos of course, ambulances going everywhere, policemen, firetrucks, roadblocks. And there were -- finally, someone came over with a stretcher, some individuals, put me in the back of an ambulance. We had four individuals in our ambulance instead of your normal one or two. And then went to Presbyterian Hospital, one of the nearer hospitals for injuries, severe injuries. Q. I don't want you to go into a lot of detail, but just tell the jury generally what happened to you, what your injuries were. A. Okay. I had twelve tendons -- let me take my coat off. THE COURT: Well -- Lawrence Martin - Direct BY MR. RYAN: Q. I just want you to just to generally tell the jury, not display. A. All right. I had twelve tendons, two nerves and an artery that were cut down to the bone. It was called a spaghetti injury because the way it looked. Q. How many surgeries have you had to your arm and wrist? A. I've had five surgeries on my wrist, and I've had one surgery on my eye. Q. All right. And are you still under the care of Oklahoma physicians? A. I'm in the transition of getting out of under their care. Q. Now, with respect to your career in the Army, what occurred? A. Virtually, my Army career is over. I had major's board -- if I had been still in the Army two months ago, I would have been going through the major's board. Q. Have you been medically discharged from the Army? A. Yes, I have. Q. All right. Now, did you look at an exhibit before you came here today that contained the photographs of the seven people that were with the Army that died on the morning of April 19? A. Yes. Q. Is it a current -- true and accurate depiction of their photographs? Lawrence Martin - Direct A. Yes, it is. MR. RYAN: Your Honor, we would offer at this time Exhibit 1039. MS. RAMSEY: No objection, your Honor. THE COURT: Received. MR. RYAN: If I could enlist the marshal's help there. The very first board there behind the easel is the photograph we need to put on the easel. BY MR. RYAN: Q. Mr. Martin, if you would, I'd appreciate it if you would call each person by name and briefly state what they did for the United States Army. A. Okay. You want me to stand up -- Q. You can do it just from the chair there. A. Okay. Lola -- Lola Bolden. She was the supply sergeant, and she had just arrived about three months earlier to -- to fill that position. Karen Carr. She was the advertising assistant, and she had been there quite a while at the Oklahoma City recruiting battalion. Peggy Holland. She was our computer specialist, and she could do about any -- anything to help people. John Moss. He was the chief of advertising and public affairs and man of all trades. He could do a little bit of everything. Lawrence Martin - Direct Vickie Sohn, down on the bottom row. She was -- had just been there about two years. She was the operation NCO, noncommissioned officer. Dolores Stratton. She was military personnel, civilian that helped in the operations section. And the last person, Wanda Watkins. She was a budget individual for the operations section. Q. Thank you, Captain Martin. MR. RYAN: Marshal, if you would please take that chart down and put the very next one up, which is the fourth floor of Exhibit 952. It's already in evidence. BY MR. RYAN: Q. Mr. Martin, in the folder there on your table are name plates of the seven people who died. Would you please, with the Court's permission, place those name plates in the locations where these seven people were. A. Yes. Q. In addition to those seven men and women, Sergeant Titsworth died that morning on the floor? A. Yes, sir. MR. RYAN: That's all, your Honor. THE COURT: All right. Are there any questions? MS. RAMSEY: No, your Honor. THE COURT: Witness is excused, I take it. MR. RYAN: Yes, your Honor. THE COURT: You may step down. You're excused. Next witness, please. MR. HARTZLER: Fred Dexter. Mr. Mackey will question him. THE COURT: All right. (Frederick Dexter affirmed.) THE COURTROOM DEPUTY: Would you please have a seat. Would you state your full name for the record and spell your last name, please. THE WITNESS: My full name is Frederick R. -- Frederick Raymond Dexter, D-E-X-T-E-R. THE COURTROOM DEPUTY: Thank you. THE COURT: Mr. Mackey. MR. MACKEY: Thank you, your Honor. DIRECT EXAMINATION BY MR. MACKEY: Q. Mr. Dexter, how old are you? A. 48. Q. And where do you live? A. I live in Alexandria, Virginia. Q. Are you married? A. Yes, I am. Q. Children? A. I have two children, 16 and 13. Q. What's your educational background? Frederick Dexter - Direct A. I have a math degree from Elizabethtown College. Q. Is that your major? A. That was my major. Q. What was your minor? A. I have a minor in theology. Q. Is that from the same university? A. Yes, it is. Q. Where precisely is that? A. That is located in central southern Pennsylvania, about 12 miles from Hershey, Pennsylvania. Q. Is that the region in which you grew up generally? A. No. I grew up in northeastern Pennsylvania, the Scranton, Pennsylvania, area. Q. For whom do you work? A. I'm employed by the FBI. Q. And how long have you worked for the FBI? A. A little over 23 years. Q. Has that 23 years of experience been largely dedicated to a single area of specialty? A. Yes. The majority of my work has been wo