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Terry Nichols' Lawyers Seek Dismissal

Terry Nichols' lawyers asked the court today to dismiss the charges against him, alleging that the Government has withheld critical information. The last time this occurred, the Judge said he would throw out the case if it happened again. He has taken the motion under advisement.

The motion claims prosecutors have withheld a video showing suspects leaving the Ryder rental truck that delivered the bomb just over three minutes before the detonation. No such video has been shown to exist. It also claims prosecutors failed to disclose a phone call McVeigh made to a right-wing enclave in Oklahoma known as Elohim City after he rented the Ryder truck. Allegations have surfaced over the years that McVeigh might have received help from people living there.

The motion also says prosecutors did not provide defense attorneys with documents disclosed in a series of Associated Press stories raising the possibility of additional accomplices in the bombing. Those documents included two 1990s teletypes from then-FBI Director Louis Freeh's office citing possible connections between McVeigh and a gang of white supremacist bank robbers.

A video showing suspects leaving the Ryder rental truck that delivered the bomb just over three minutes before the detonation? That's news to us, and if it exists, that would be powerful, new evidence.

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