JOHN DOE #2 IDENTIFIED: BUT CAN WE GET THE FBI TO ARREST HIM?
THE STORY OF THE EVENTS THAT WILL EXPOSE THE OKLAHOMA CITY BOMBING TRUTH
THE FIRST ALABAMA CAVALRY REGIMENT CONSTITUTIONAL MILITIA
JOHN DOE #2 IDENTIFIED; BUT CAN WE GET THE FBI TO ARREST HIM?
NOTE: 1ACR has been assisting Glenn & Kathy Wilburn with their private investigation of the Oklahoma City bombing and the search for ALL of the killers of their two grandchildren and 166 other Americans. The analysis below is my own, and it should be made clear that I do not presume to speak for the Wilburns. The Wilburns are two very courageous Americans who have suffered much in their search for the truth. Other Oklahoma City victims have criticized the Wilburns for seeking to get McVeigh off the hook. Nothing could be further from the truth. None of the information that they or their many volunteer helpers have discovered (of which I am but one) exculpates Timothy McVeigh. McVeigh was the truck driver, and a key player in the plot. What we are after is the rest of the bombers and the murdering bastards that sent them and sheltered them after the fact.
JOHN DOE TIMES
Vol. II, No. 3
4 October 1996.
IN THIS ISSUE: THE EDYE SMITH CIVIL SUIT IS EXPANDED TO INCLUDE "ATF ANDY" STRASSMEIR, MICHAEL "JOHN DOE #2" BRESCIA, AND MICHAEL "DEALING DRUGGIE" FORTIER OR: "HOW ARE TIMMY ("PINKY") McVEIGH & MIKEY ("THE BRAIN") BRESCIA LIKE O.J. SIMPSON?"
THE FOLLOWING PETITION WAS FILED IN THE DISTRICT COURT OF CANADIAN COUNTY, STATE OF OKLAHOMA, 1 OCTOBER 1996:
CASE No. CJ-96-18
EDYE ANN SMITH, individually and on behalf of her minor children, CHASE SMITH, deceased, and COLTON SMITH, deceased, PLAINTIFFS,
TIMOTHY JAMES McVEIGH, MICHAEL BRESCIA, MICHAEL FORTIER and ANDREAS CARL STRASSMEIR and other unknown individuals, DEFENDANTS.
Second Amended Petitition.
EDYE ANN SMITH indivually and on behalf of her deceased minor children, Chase Smith and Colton Smith, brings before this Court her cause of action against the defendants, Timothy James McVeigh, Michael Brescia, Michael Fortier, Andreas Carl Strassmeir and other unkown individuals and states as follows:
1. That Edye Ann Smith is the mother of the deceased minor children, Chase Smith and Colton Smith;
2. That on April 19, 1995, at approximately 9:00 a.m. Chase Smith and Colton Smith were inside the Murrah Federal Building in Oklahoma City, Oklahoma when an explosion occurred trapping them in the building and causing serious personal injury and death;
3. That the defendants, Timothy James McVeigh, Michael Brescia, Michael Fortier, Andreas Carl Strassmeir and other unknown individuals working in concert with one another, wrongfully, and with reckless disregard for the welfare of the plaintiffs, and others similarly situated, placed and discharged an explosive device, or devices, in close proximity to the structural support of the Alfred P. Murrah Federal Building in Oklahoma City, causing injury and death to Chase Smith and Colton Smith;
4. That Edye Smith has and continues to suffer severe emotional distress from personally witnessing the destructive reults of the device(s) detonated by the defendants, and from fearing for the lives of her two small boys as rescue workers searched the Alfred P. Murrah Building rubble for survivors;
5. As a direct and proximate result of the wrongful conduct of the defendants, Chase Smith, having lived a mere three years, did wrongfully die as the day care center he was attending collapsed causing him to experience all the fear, pain and suffering possible for a person of his tender years, and as such has been injured in an amount in excess of $5,000,000.00.
6. As a direct and proximate result of the wrongful conduct of the defendants, Colton Smith, having lived only two years, did wrongfully die as the day care center he was attending collapsed causing him to experience all the fear, pain and suffering possible for a person of his tender years, and as such has been injured in an amount in excess of $5,000,000.00.
7. As a direct and proximate result of the wrongful conduct of the defendants, Edye Ann Smith has and will suffer loss of companionship and severe emotional distress from the death of her two young boys and as such has been damaged in an amount in excess of $10,000,000.00
The plaintiff states that the acts of the defendants were gross, willful, wanton and intentional, for which malice may be inferred and for which punitive damages should be assessed in an amount in excess of $10,000,000.00.
Wherefore, the plaintiff Edye Ann Smith, individually and on behalf of her minor children Chase Smith, deceased, and Colton Smith, deceased, seeks judgement against the defendants, Timothy James McVeigh, Michael Brescia, Michael Fortier, Andreas Carl Strassmeir and others, for actual damages in amount $10,000,000.00 and punitive damages in an amount in excess of $10,000,000.00 together with attorney fees, interest, cost of this action and other such necessary and proper relief as the Court may deem just and equitable.
Larry L. Oliver & Associates., P.C.,
Larry L. Oliver, OBA #6769
2211 East Skelly Drive
Tulsa, OK 74105
Attorney for the Plaintiff.
ATTORNEY LIEN CLAIMED
JURY TRIAL DEMANDED.
McCurtain (Oklahoma) Gazette, 2 October, 1996
ATF INFORMANT & "JOHN DOE #2" ADDED TO WRONGFUL DEATH LAWSUIT.
By J.D. Cash with Jeff Holladay.
A significant change is being made in a wrongful death civil lawsuit filed by Oklahoma City bombing victim Edye Smith-- the addition of Andreas Carl Strassmeir, Michael Fortier and Michael Brescia as co-defendants, the McCurtain Gazette has learned.
The Tulsa law firm of Larry Oliver and Associates filed the documents in Canadian County district court Tuesday.
Edye Ann Smith, who lost two young children at a daycare center in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building, filed the $30 million wrongful death lawsuit last January.
It named Oklahoma City bombing co-defendant Timothy McVeigh and "persons unknown" as defendants. Strassmeir, 37, Fortier, 27, and Brescia, 24, are no strangers to readers who have followed the McCurtain Gazette newspaper's stories for nearly a year and a half.
Attorneys for Smith said they intend to eventually prove that the government had prior knowledge of the impending bomb threat to the building but failed to warn occupants.
So far, no particular governmental agency has been named in the civil lawsuit, which is entirely separate from the impending criminal trial in Denver for McVeigh and accused co-conspirator Terry Nichols.
But Edye Smith and her parents, Glenn and Kathy Wilburn of Oklahoma City, have often said in interviews that they believe the ATF (Alcohol, Tobacco and Firearms Bureau of the Treasury Department) were involved in a "sting operation" that went sour.
Edye Smith, 24, lost her only two children, Chase, 3, and Colton, 2, when a truck bomb authorities allege was built by McVeigh and Nichols exploded a few feet from the daycare center on the second floor of the Murrah building. The bombing also took the lives of 166 other persons and injured more than 400 others. It has been called the worst incident of terrorism in U.S. history.
Shortly after Smith's civil lawsuit was filed in January, the federal government sought to stop her attorneys from deposing witnesses-- saying McVeigh might gain an advantage over the government as a result of broader rules of discovery allowed in civil lawsuits over more limited means in criminal charges.
The federal government contended Smith should be forced to wait until all criminal trials are completed before being allowed to proceed with the civil lawsuit. Likewise, the government argued to the court, lawyers for McVeigh should be blocked from getting testimony from witnesses in the civil lawsuit.
Such a delay, legal experts say, could last for two years because of the possibility that McVeigh and Nichols may receive separate federal trial-- and then face state murder charges as well.
However, naming other defendants in the civil action means the discovery process can proceed regardless of a judge's ruling on McVeigh's legal standing in the case, the Gazette has been told by legal experts.
As reported earlier in the Gazette, Andreas Carl Strassmeir came under scrutiny when it was revealed by Elohim City residents that he was the German national Timothy McVeigh tried to contact by telephone just days before the Oklahoma City bombing.
Strassmeir's attorney, Kirk Lyons of Black Mopuntain, N.C., has repeatedly said his client does not personally know McVeigh and only had a chance meeting with him in the spring of 1995. lyons said it was also mere coincidence that McVeigh kept a note with Strassmeir's number on it for two years following the gun show.... and that McVeigh called Strassmeir about a planned visit to Elohim City shortly after calling a Ryder truck rental place in Arizona-- a visit that never took place, Strassmeir and white separatists at Elohim City said.
Yet, the former German military intelligence officer fled to his native Berlin earlier this year after investigators for Timothy McVeigh began questioning him. Kirk Lyons said Strassmeir had to leave the country to protect himself from arrest by the FBI.
Transcriber's Note: You know, that one gets funnier every time I read it. The last thing the FBI wanted to do was arrest Strassmeir. The whole point of the "John Doe Who?" change of story by the government was to protect Strassmeir by deflecting interest in Brescia.)
Because Strassmeir's family are powerful political figures in Germany, Lyons also said that Berlin was a much safer place for the younger Strassmeir from what he termed "ridiculous rumors spread by the media and McVeigh's attorney, Stephen Jones." (Strassmeir's father, Guenter, recenly retired from his position as secretary of state to Berlin. He is now an unpaid adviser to German Chancellor Helmut Kohl. Andreas Strassmeir's uncle is a parliamentarian and a brother holds elective office on the Berlin city council.)
Despite the FBI's boast that they have interviewed more than 21,000 persons in connection with the Oklahoam City bombing, Strassmeir was never interviewed by them while he was in this country--- possibly because FBI sources reported Strassmeir was actually an undercover ATF informant. (Strassmeir denies the charge.)
The government has thus far blocked defense attorney Stephen Jone's effort to obtain intelligence files on Strassmeir-- which the ATF admitted they had.
But another attempt is being made. The McVeigh defense recently filed new motions with the Denver federal court, asking Judge Richard Matsch to order the agency to turn over their files on Strassmeir.
Michael Brescia, also named in the wrongful death civil lawsuit, is a former roommate of Strassmeir's at Elohim City. He is also the person identified by witnessess in Kansas (identified by Gazette lead investigator J.D. Cash) as the man they believed to be the object of the FBI's search for "John Doe #2."
Inexplicably, only a few weeks into the investigation, Attorney General Janet Reno announced the whole thing as a mistake-- and that there was no "John Doe #2." The Clinton appointee said persons who they say saw McVeigh with the mystery man were probably confused.
But dozens of witnesses interviewed by the Gazette and other news media continue to assert there were accomplices with McVeigh-- including the so-called "John Doe #2" figure-- in the days and minutes before the bombing. And a number of then said Michael Brescia looked very much like "John Doe #2."
FBI sources however, have told the Gazette that Brescia is not a suspect in the bombing.
Brescia left the Christian Identity redoubt at Elohim City near Muldrow in the fall of 1995. The Pennsylvania native has been reported in various places in the Northeast and Canada since then. In May of this year, two of Brescia's friends from Elohim City were arrested in Philadelphia and charged with a series of bank robberies.
Later published reports identified them as members of a neo-Nazi group that called themselves the Aryan Republican Army and pulled a string of 18 bank robberies that netted them in excess of $200,000 between January 1994 and December 1995.
Since the arrest of McVeigh and Nichols, various reports have surfaced in the press quoting federal authorities as saying they suspect the bombing suspects might also be involved in some of the same bank robberies.
Brescia, who was a member of a rock band with two of the alleged bank robbers, is currently living at his parents' home in Philadelphia.
Michael Fortier was also named a defendant in the unlawful death civil lawsuit. Fortier, 27, entered a plea of guilty with prosecutors in exchange for promised testimony against his ex-Army buddies, Terry Nichols and Timothy McVeigh.
Under that agreement in August 1995, Fortier faces up to 24 years in prison for admitting to transporting and selling stolen property, lying to the FBI, and failing to report McVeigh and Nichols' bombing plans.
Prosecutors, however, never presented any evidence to the grand jury that Fortier had any actual involvement with the bombing.
Fortier's plea agreement also has an "out" clause for federal authorities: It says that if the government gets any information that Fortier was involved with the conspiracy to bomb any federal building, the agreement is voidable and he could be charged ewith crimes subject to the death penalty.
Edye Smith's wrongful death lawsuit, however, alleges that Fortier DID have actual involvement with the others named in the action. If the assertion is supported by facts, it could disrupt the government's case-- possibly prompting withdrawal of the plea bargain agreement or Fortier's refusal to testify against McVeigh and Nichols.
Hearings are currently being held in Denver federal court on motions to separate the trials of McVeigh and Nichols.
END OF STORY.
EDITORIAL QUESTION: KIRK LYONS, WHO IS COPIED VIA EMAIL EVERY ISSUE OF JOHN DOE TIMES, HAS BEEN SCREAMINGLY SILENT SINCE THE RESUMPTION OF JDT, VOLUME II--- WHAT' S THE MATTER KIRK, DOES THE FEDERAL CAT HAVE YOUR TONGUE? ANY COMMENT FROM "LITTLE ORPHAN ANDY'S" LAWYER ON HIS BEING NAMED IN THE CIVIL SUIT?
AND YOU WONDER WHY DONATIONS ARE DOWN?
-- Mike Vanderboegh, 1 ACR
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