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 126) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Proceedings before the HONORABLE RICHARD P. MATSCH, Judge, United States District Court for the District of Colorado, commencing at 4:58 p.m., on the 30th 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 JOSEPH H. HARTZLER, BETH WILKINSON, SCOTT MENDELOFF, JAMIE ORENSTEIN, and AITAN GOELMAN, Special Attorneys to the U.S. Attorney General, 1961 Stout Street, Suite 1200, Denver, Colorado, 80294, appearing for the plaintiff. STEPHEN JONES, and ROBERT NIGH, JR., Attorneys at Law, Jones, Wyatt & Roberts, 999 18th Street, Suite 2460, Denver, Colorado, 80202; JERALYN MERRITT, 303 East 17th Avenue, Suite 400, Denver, Colorado, 80203; CHERYL A. RAMSEY, Attorney at Law, Szlichta and Ramsey, 8 Main Place, Post Office Box 1206, Stillwater, Oklahoma, 74076, and CHRISTOPHER L. TRITICO, Attorney at Law, Essmyer, Tritico & Clary, 4300 Scotland, Houston, Texas, 77007, appearing for Defendant McVeigh. * * * * * PROCEEDINGS (Reconvened at 4:58 p.m.) THE COURT: Be seated, please. (Jury in at 4:59 p.m.) THE COURT: Well, members of the jury, it's been a long day and we know that you've been working very hard. It's 5:00; and consistent with my understanding of what you have agreed upon with respect to the deliberation time, we're going to recess your deliberations at this point, so that you can stop for the day. And before you leave, though, there are a few cautionary instructions that I want to give you, and that's why I've asked you to return to the courtroom. The first thing is, of course, as I said before, you all understand that you function as a jury in deliberations only when you're here in the courthouse, working together and with the exhibits and the other materials that you're working with. So now that we recess until you come back tomorrow morning, let this matter rest. It would be inappropriate for you to talk about it while you're eating your meals or if you were visiting with each other. You know, it's time to rest and relax as best you can, until you come back in the morning and you set your own schedule for that. But the deliberations take place here in the courthouse and not anywhere else. And that's, of course, a part of why there are 12 of you who interact and who exchange your thoughts and your recollections of the testimony and perceptions of the case. So please follow that caution. Also, with respect to the materials that you've been working with, I'm sure you may have some notes. You have the copies of the instructions on which you may have made notations, verdict form, work copy, and also, of course, the indictment. All of these deliberations are secret and are to be known only among the 12 of you and to no one else. So what I'm going to ask you to do before you leave is to take all of those materials that I've just talked about, any notes, and the copies of the indictment and the instructions and put them in a box that we'll provide with some sealing tape. And you seal them, so that no one will have access to them. Also, if you'd like, you can do your own cleaning, so to speak, so that if you have some things on the wall or charts or easels or anything like that, if you want, we won't have anybody go in that room or your area to preserve the secrecy of your deliberations. Now, I know that at this point, we're -- not only has the trial been completed, but you've been working on the case. It is difficult to follow the instructions that I've just given to you to put the matter at rest. But, you know, your health and welfare are also important, and this is not something that is easy to do. We know that. The strain of it is a matter of concern; so that's why I suggest to you, put yourselves at ease and come back fresh in the morning to resume your deliberations. And we'll, of course, provide what is necessary for you between now and then. At this point, you're excused, then, to -- and in the morning, you'll go directly here to the jury room area. I will not meet with you. We won't bring you into the courtroom before you resume deliberations in the morning. We'll be here, however, and available to you. You're excused now until tomorrow morning at -- the time that you choose to arrive. And we hope you have a pleasant evening. (Jury out at 5:04 p.m.) THE COURT: All right. All should be available by 8:30 in the morning and on call. Court again is in recess, subject to call. (Recess at 5:05 p.m.) * * * * * REPORTER'S CERTIFICATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. Dated at Denver, Colorado, this 30th day of May, 1997. _______________________________ Paul Zuckerman