WWW.USDOJ.GOV

DEPARTMENT OF JUSTICE STATEMENT REGARDING FBI DOCUMENTS

Statement by Spokesperson Mindy Tucker:

"On Tuesday, May 8, the Department of Justice notified Timothy McVeigh's attorneys of a number of FBI documents that should have been provided to them during the discovery phase of the trial. While the Department is confident the documents do not in any way create any reasonable doubt about McVeigh's guilt and do not contradict his repeated confessions of guilt, the Department is concerned that McVeigh's attorneys were not able to review them at the appropriate time.

" The documents have been made available to McVeigh's attorneys, and the Department has asked for notification if they believe any of the documents create any reasonable doubt about McVeigh's guilt."

A copy of a letter to McVeigh's attorneys is attached.

(Attachment)

01-214

Robert Nigh, Jr.
2617 E. 21st Street
Tulsa, OK 74114 (by 5/9 federal express)

Nathan Chambers
Carrigan Chambers Dansky & Zonies, P.C.
1601 Blake Street, Suite 300
Denver, CO 80202 (by 5/10 hand delivery)

John M. Richilano
Richilano & Ridley
1800 15th Street, Suite 101
Denver, Co 80202 (by 5/10 hand delivery)

Dear Counsel:

As I told each of you in separate telephone conversations yesterday, the FBI has discovered additional materials generated by its field divisions outside Oklahoma City in connection with the OKBOMB investigation. I first learned of the existence of these materials yesterday, and received them today after they were flown from Oklahoma City to Denver on an FBI plane. The documents were brought to my attention by FBI Special Agent in Charge Danny Defenbaugh, who headed the OKBOMB investigation and currently heads the FBI's Dallas field division. FBI Director Louis Freeh and Agent Defenbaugh had requested on numerous occasions prior to trial that each field division and legal attache forward all OKBOMB-related materials to the Oklahoma City division, and had received assurances that all such materials had been forwarded. The belated discovery of additional such materials came after an FBI archivist requested that all OKBOMB-related materials be sent to the Oklahoma City field office for archiving.

The materials consist of FBI reports of investigation ("302s" and "inserts") and physical evidence, such as photographs, written correspondence and tapes ("1As" "1Bs" and "1Cs"). All reports, and all physical evidence capable of being photocopied, are being delivered to you. The physical evidence not capable of being photocopied is identified in the photocopied materials. For control purposes, we have Bates-stamped all the materials being produced from each field division. For example, the documents from the Albany field division are Bates-stamped numbered 1-153, the documents from the Albuquerque field division are Bates-stamped numbered 1-102, etc.

We do not believe anything being produced is Brady material bearing on the federal convictions or sentences of Timothy McVeigh or Terry Nichols. Similarly, we do not believe anything in the materials makes even a prima facie showing of either man's actual innocence. Many of the materials are similar to the previously-litigated "lead sheets," in that they involve interviews and information regarding persons whom at one time were thought to resemble the UNSUB sketches. Nonetheless, many of the materials - in particular, the FBI-302s and inserts - should have been produced under the reciprocal discovery agreement. We are producing the materials now so you can make your own determinations.

Please feel free to contact me if you have any questions.

Sincerely,

Attached FBI Materials: Albany 1-153; Albuquerque 1-102; Anchorage 1-7; Atlanta 1-61; Birmingham 1-30; Boston 1-70; Buffalo 1-179; Charlotte 1-5; Chicago 1-90; Cincinnati 1-3; Cleveland 1-10; Dallas 1-63; Detroit 1-164; El Paso 1-152; Honolulu 1-30; Houston 1-37; Indianapolis 1-61; Jackson 1-36; Kansas City 1-12; Knoxville 1-4; Little Rock 1-98; Los Angeles 1-446; Louisville 1-5; Miami 1-226; Milwaukee 1-3; Minneapolis 1-10; Mobile 1-179; New Orleans 1-103; Norfolk 1-4; New Haven 1-51; Omaha 1-9; Paris 1-26; Philadelphia 1-36; Phoenix 1-4; Pittsburgh 1-7; Portland 1-5; Richmond 1-39; Sacramento 1-105; St. Louis 1-48; Salt Lake City 1-218; San Antonio 1-93; San Diego 1-59; San Francisco 1-5; Seattle 1-38; Tampa 1-46; Washington 1-3.