"GOVERNMENT BY GRAND JURY": APPEALS COURT GIVES GLENN WILBURN
& CHARLES KEY BEST CHRISTMAS PRESENT.
"CHRISTMAS COAL FOR THE COVERUP-ERS": KEATING CROWD CRAPS
LANGAN HAS SECOND THOUGHTS ABOUT JURY PANEL-- IS HE READING JOHN DOE
TIMES? (ANSWER: YUP, HE PROBABLY IS. WE SEND IT TO HIM REGULARLY, ANYWAY.)
ALSO: THE J.D.T. ANNOUNCES THIS MONTH'S WINNER OF THE FEDERAL AGENCY/"PET
NAZI"-AWARD GOES TO THE FBI & "BOMBIN' JOHNNY" BANGERTER.
TRIVIA QUESTION FOR NEXT MONTH: BOYS AND GIRLS, WHICH AGENCY HAS MORE
"PET NAZIS" ON THE PAYROLL-- A. THE FBI; B. THE ATF; C. THE DEA;
D. THE SECRET SERVICE; E. U.S. ARMY & AIR FORCE MILITARY INTELLIGENCE
BONUS QUESTION: WHICH AGENCY DO "PET NAZIS' PREFER TO WORK FOR,
BY A MARGIN OF ALMOST TWO TO ONE?
Deputy Governor Danforth: "You have heard rebellion spoken in the
Reverend Hale: "Excellency, there are orphans wandering from house
to house; abandoned cattle bellow on the highroads, the stink of rotting
crops hangs everywhere, and no man knows when the harlots' cry will end
his life-- and you wonder yet if rebellion's spoke? Better you should marvel
how they do not burn your province!"
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Late on the afternoon of Christmas Eve, I heard from J.D. Cash and Glenn
Wilburn almost simultaneously about the Appeals Court ruling on the Grand
Jury petition. It was the best Christmas present any of us could have received.
The Keating bunch, as you will see from the attached articles and editorials,
didn't take it so kindly.
DAILY OKLAHOMAN, OKC, OK
25 December 1996
RULING BACKS NEW INQUIRY INTO BOMBING
2 Can Circulate Grand Jury Petition
By Nolan Clay and John Greiner, Staff Writers
An appeals court ruled Tuesday that a state legislator can seek a grand
jury investigation into controversial theories that the government knew
beforehand about the Oklahoma City bombing and that other suspects still
are to be caught.
The Oklahoma Court of Civil Appeals ruled that Rep. Charles Key and
bombing victim Glenn Wilburn must be allowed to circulate a petition seeking
Two suspects, Timothy McVeigh and Terry Nichaols, were indicted by a
federal grand jury last year. But Key and Wilburn want an Oklahoma County
grand jury to review evidence they say federal investigators ignored.
The ruling Tuesday was a major victory for Key, R-Oklahoma City, who
has been an outspoken critic of the federal investigation. However, the
state Supreme Court still could review the opinion and reject it.
Key told The Oklahoman he was "extremely excited" and "elated"
by the ruling but not really surprised "because we fully expected
Wilburn said, "That's wonderful. I'm thrilled. That makes my day."
His two grandsons, Chase Smith, 3, and Colton, 2, died in the April 19,
1995, attack on the Oklahoma City federal building.
McVeigh, 28, and Nichols, 41, were accused of by the federal grand jury
of blowing up the Alfred P. Murrah Federal Building with a fertilizer bomb.
The explosion resulted in 168 deaths.
Key and Wilburn twice tried last year to get a judge's permission to
gather enough signatures to convene a grand jury in Oklahoma City. Bith
times, Oklahoma County District Judge Dan Owens refused.
"The allegations made in the petition have been thoroughly investigated
and this Court sees no reason, as a matter of law, to attempt to reinvent
the wheel and duplicate an investigation performed by the federal government,"
Owens wrote in an opinion on Nov. 6, 1995.
In a 3-0 opinion, the Court of Civil Appeals ruled tuesday that Owens
The appeals court found that the judge cannot block a grand jury on
public-policy grounds or because of questions about the motives of those
requesting the investigation.
Oklahoma County prosecutors, arguing on behalf of the judge, had told
the appeals court it should not allow Key and Wilburn to abuse the grand
jury process because they wanted "to pursue vain allegations of government
cover-up involving the Murrah bombing."
Oklahoma County prosecutors also argued that "taxpayers should
not be made to bear the cost of multiple grand juries at the whim of any
one individual without a discretionary check on this process."
But the appeals court ruled: "The concerns over motive and public
policy are simply not proper considerations for the district judge in determining
the sufficiency of the petition. Rather, they are issues appropriately
contemplated by the grand jury in deciding whether to take action, if and
when the people indicate their will to call a grand jury by signing the
Oklahoma County prosecutors have 20 days to ask the Supreme Court to
review the decision.
"That is one of the options we have," Oklahoma County District
Attorney Robert Macy said. "On Thursday, we'll look at it and make
some decisions on what we're going to do."
Despite opposing the grand jury request, Oklahoma County prosecutors
would be in charge of the inquiry "unless they move to disqualify
us," Macy said.
"The scope of the investigation is necessarily controlled by the
resources that are available to us. I know that the federal government
has spent...in excess of $50 million in their investigation....We don't
have those kind of resources," Macy said.
Key in June 1995 began advancing alternative theories about the explosion
and, in particular, questioned the FBI's explanation that a single bomb
Key accused the government of a cover-up and pointed to accusations
made by a disgruntled federal grand juror as proof the government ignored
evidence of other suspects. Key eventually began selling a $19.95 video,
"Oklahoma City: What Really Happened?"
The former federal grand juror, Hoppy Heidelberg, complained federal
prosecutors never let jurors pursue evidence of "John Doe 2."
FBI agents had mounted a massive search for "John Doe #2"
for weeks after the bombing, and sketches of the suspect were released
world-wide. Agents then contended the sketches were of a second man who
helped rent the bomb truck in Kansas. But prosecutors now question whether
such a man ever existed.
Key and Wilburn want an Oklahoma County grand jury to hear from witnesses
who claim to have seen McVeigh with others-- possibly "John Doe #2"--
shortly before the attack.
"It is my opinion -- I put my whole credibility on the line-- there
is absolutely no question there are several 'John Does'," Key said.
"We believe we know who one or two of those people are."
Wilburn said, "We're going to bring forward witnesses who saw other
people with Tim McVeigh, and they're going to tell their story. They didn't
get to tell their story before the federal grand jury because they were
never called before the federal grand jury."
Both also want the Oklahoma County grand jury to investigate whether
federal agents-- particularly those of the Bureau of Alcohol, Tobacco and
Firearms-- knew about the impending attack. Wilburn said he wants the jury
to hear about a purported statement by one ATF agent "that they were
paged that morning and most of them were warned not to come in."
Key said he and others now believe there might not have been any ATF
employees in the building that day.
Federal prosecutors repeatedly have denied that any federal agent had
advance knowledge of the attack. They have reported in legal filings that
two agents with the Bureau of Alcohol, Tobacco and Firearms were trapped
for a time in the building and other bureau employees were injured.
Federal prosecutors in Denver and Oklahoma City did not want to comment
Tuesday. But Oklahoma City U.S. Attorney Pat Ryan-- reached at his office--
was clearly unhappy with the opinion.
Ryan last year wrote bombing victims a letter calling Key's claims "unfounded".
McVeigh's lead attorney, Stephen Jones, however, said he was "very
pleased". He contends McVeigh is innocent and others-- possibly foreign
terrorists-- are behind the attack.
"I think it's important that there be no coverup and that all of
the known facts about the bombing come out," Jones said.
"That is historically the function of the grand jury. But unfortunately
the federal grand jury was controlled by the federal prosecutors who had
a narrow agenda. A state grand jury-- in which the federal prosecutors
cannot control-- offers the first really optimistic opportunity to bring
those guilty to...justice."
Wilburn was confident Tuesday that he could get the necessary signatures
to call the grand jury.
"I don't have any qualms at all about that...A year ago... we had
lots of people contact us wanting to work petitions. And those people are
still interested," said Wilburn, who has traveled to Kansas to personally
investigate the bombing. Wilburn is from Oklahoma City.
It was not clear Tuesday whether Key or Wilburn would need 500 or 5,000
signatures to begin the grand jury investigation. When they first sought
the grand jury, they would have needed only 500 signatures of registered
voters in Oklahoma County.
But while the appeal was pending, Oklahoma voters changed the constitutional
requirement for the number of signatures necessary to convene a grand jury.
Under the new law, in Oklahoma County, 5,000 signatures would be needed.
Gov. Frank Keating said Tuesday he would not sign the petition.
"No, I don't see any reason to duplicate a very thorough investigation
by agencies of the federal government known for their tremendous professionalism,"
said Keating, who worked for the U.S. Justice and Treasury Departments
before becoming governor.
Keating also said he didn't think there was any credibility to alternative
theories about the bombing and the grand jury effort seemed to him to be
a waste of time.
The opinion Tuesday was by Judge Daniel Boudreau, Judges Jerry Goodman
and Ronald Stubblefield concurred.
APPEALS COURT GIVES CHRISTMAS GIFT OF OKC GRAND JURY TO WILBURN, KEY
By J.D. Cash
Idabel, Okla. -- It was like a burr under the saddle of Oklahoma City
accountant Glenn Wilburn and State Rep. Charles Key, R-Oklahoma City.
And almost since the day the federal grand jury finished its indictments
in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building
in Oklahoma City, they've been vocal critics of federal prosecutors.
To date, only two men, Timothy McVeigh, 28, and Terry L. Nichols, 41,
have been charged in federal indictments.
Wilburn and Key assert others should be charged.
Now, after an appeals court overturned a district judge's decision that
prevented them from circulating a petition for a county grand jury, they
promise to vigorously pursue what they suggest was a coverup by federal
Wilburn and Key say they have a list of witnesses who saw McVeigh with
other conspirators in the days, hours and minutes before the bombing,
"Those witnesses," says Wilburn, "were not called before
the federal grand jury and allowed to tell what they say....."
And when Blanchard horse breeder Hoppy Heidelberg raised the same questions
and questioned federal prosuctors, he was summarily dismissed from the
federal grand jury.
Heidelberg says federal prosecutors tried to shield the panel from evidence
and witnesses that could identify other conspirators.
"The feds wanted to make John Doe No. 2 disappear because he is
likely a government agent or informant involved in a sting operation that
failed," Heidelberg said. "And the government can't afford for
that to come out."
Wilburn, who lost two young grandsons in the Oklahoma City bombing,
hailed the Christmas Eve decision of the appeals court.
"After all we've been through these 21 months since the bombing,
at least now we can see some evidence the judicial system is working for
the victims," he said.
The Aug. 10, 1995, federal indictment of McVeigh and Nichols does not
include murder charges for 160 of the 168 persons killed in the bombing.
And that upsets the normally mild-mannered Wilburn.
A novel 1994 federal statute used by prosecutors to charge McVeigh and
Nichols only provides for the death penalty where federal law enforcement
agents are killed. And no one has been executed under Federal law in the
U.S. since 1963.
"That goes to the heart of this," Wilburn said. "How
many people have to be murdered to get this state to conduct a criminal
Wilburn asserted that "the federal government does not hold a monopoly
on murder investigations. And who knows whether this new statute is even
going to be upheld anyway in the (U.S.) Supreme Court, anyway?."
More than a year ago, state Rep. Key joined with Wilburn and presented
the application to circulate the petition. That was after the men had concluded
there was evidence that several others were involved in the bombing-- and
that the federal government may have had prior knowledge of the attack
and failed to warn the occupants of the building.
There were also questions raised by the pair whether some federal law
enforcement agencies were illegally storing explosives in the Murrah building.
A University of Oklahoma seismologist and a number of witnesses, quoted
more than 1 1/2 years ago by this newspaper, say they believe there multiple
explosions after the initial blast from the bomb-laden Ryder truck.
The 3-0 decision by the state apellate court featured a lengthy opinion
by Judge Daniel Boudreau, who said District Judge Daniel Owens erred when
he twice turned down the applicants' request for permission to circulate
Said Boudreau: "The concerns over motive and public policy are
simply not proper consideration for the district judge in determining the
sufficiency of the petition. Rather, they are issues appropriately contemplated
by the grand jury in deciding whether to take action, if and when the people
indicate their will to call a grand jury by signing the circulated petition."
The appellate courts decision can still be appealed by Oklahoma County
District Attorney Bob Macy, whose office supported the lower court's Nov.
6, 1995, ruling.
Macy's decision on whether to appeal is expected soon.
If the decision stands, Wilburn and Key will have 45 days to gather
the necessary signatures to empanel the grand jury.
The Last Thing Oklahoma needs is a state grand jury to redo the federal
investigation into the April 19, 1995, bombing of the Alfred P. Murrah
Federal Building in Oklahoma City.
TRANSCRIBER'S NOTE: Right!! No one wants to "redo" a failed
investigation, we merely wish that it be done correctly (unlike the first
But it looks like that's what we're going to have thanks to the persistent
efforts of an Oklahoma City lawmaker who seeks a forum for his radical
TRANSCRIBER'S NOTE: There we go with the old "radical anti-government
views" again. Assuming that the TW is right about Mr. Key holding
such views, perhaps they should tell him-- it does seem odd that an "anti-government"
fellow would join in the political process as Mr. Key has.
The wheels of justice are turning in the Oklahoma City bombing case,
steadily if not as quickly as many would hope. The investigation by federal
authorities, one of the largest in the nation's history, has been exhaustive.
And it continues even as the two suspects, Timothy McVeigh and Terry Nichols,
That isn't enough for Rep. Charles Key, R-Oklahoma City. Key believes
that the federal investigation is a coverup, that the government knew in
advance of the bombing and may have even had something to do with it. He
was able to sell his preposterous claims to Glenn Wilburn, a grief-stricken
grandfather of two of the children who died in the bombing.
Key and Wilburn sought signatures on a petition calling for a state
grand jury probe of the bombing but Oklahoma County District Judge Daniel
Owens twice ruled that the petition was improper. First he said that the
allegations in the petition were legally insufficient to call a grand jury.
When Key and Wilburn filed an amended, more specific petition, he said
a state investigation would merely duplicate the previous work of the federal
But earlier this week a three-judge panel of the Oklahoma Court of Appeals
overturned Owen's decision and ruled that the district judge should let
the petition proceed.
The appeals court judges probably had no choice. The sole question before
them was whether the petition was "legally sufficient"-- whether,
in effect, the T's were crossed and the I's dotted. It's unfortunate for
this case, but ignorance, delusion and poor taste are not illegal and they
are not grounds for prohibiting the petition.
So now, provided he can get enough signatures, Key will get the chance
to air his nutty views at taxpayer expense and at the cost of the mental
health of the terrible tragedy's survivors.
COMMANDER PEDRO ATTEMPTS AN "UN-SCREWING"-- CHANGES MIND ABOUT
COLUMBUS (OHIO) DISPATCH
27 December 1996
ATTORNEY ASKS FOR NEW JURY
Suspect In Bank Robberies On Trial
By Bob Ruth
A defense attorney yesterday asked that the U.S. District Court jury
in Peter "Commander Pedro" Langan's bank robbery trial be dismissed
and a new panel chosen.
In a hearing before Judge John D. Holschuh, Kevin Durkin contended that
the pool of prospective jurors from which Langan's jury was chosen last
week contained two unqualified people.
Twelve jurors and four alternates were chosen Dec. 16-17. Durkin did
not question the qualifications of those 16 people.
But two of the 180 people in the total pool should not have been considered
as prospective jurors, Durkin said.
One man should have been disqualiffied because he is a full-time Columbus
firefighter, a job that allows him to be exempted from jury duty, Durkin
said. The other person should have beeen disqualified because he had served
on a U.S. District jury earlier this month in an unrelated case, Durkin
Those two unqualified prospective jurors poisoned the entire jury-selection
process last week, Durking argued.
Assistant U.S. Attoney Robyn Jones opposed Durkin's motion, contending
the jorors and alternates were chosen properly.
Holschuh is expected to rule on the motion soon. Langan's trial is scheduled
to begin Jan. 8.
Langan, a suspected leader of the so-called Midwestern Bank Bandits,
is accused of robbing banks in Columbus and Springdale, Ohio in 1994.,