OKC Bombing Trial Transcript - 05/30/1997 19:40 CDT/CST

05/30/1997



              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)
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         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