THE JOHN DOE TIMES

28 December 1996

VOL. III, No. 1

IN THIS ISSUE:

"GOVERNMENT BY GRAND JURY": APPEALS COURT GIVES GLENN WILBURN & CHARLES KEY BEST CHRISTMAS PRESENT.

"CHRISTMAS COAL FOR THE COVERUP-ERS": KEATING CROWD CRAPS PANTS.

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 UNITS?

BONUS QUESTION: WHICH AGENCY DO "PET NAZIS' PREFER TO WORK FOR, BY A MARGIN OF ALMOST TWO TO ONE?

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LIFE IMITATES ART.......

Deputy Governor Danforth: "You have heard rebellion spoken in the town?"

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!"

The Crucible, Act Four, by Arthur Miller.

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SEEKING GOVERNMENT BY GRAND JURY:

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 the investigation.

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 this."

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 was wrong.

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 circulated petition."

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 was involved.

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.

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TRANSCRIBER'S NOTE: Regarding "trapped" agents see John Doe Times, Vol. II, No. 9, "Doin' The Chickendance"-- it's just another government lie.

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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.

END OF STORY..........

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McCurtain Daily Gazette

26 December 1996

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 prosecutors.

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 investigation?"

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 the petition.

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.

STORY ENDS..........

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KEATING CROWD CRAPS PANTS

TULSA WORLD EDITORIAL

27 December 1996

KEY PROBE

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.

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TRANSCRIBER'S NOTE: Right!! No one wants to "redo" a failed investigation, we merely wish that it be done correctly (unlike the first time).

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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 anti-government views.

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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.

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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, await trial.

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 grand jury.

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.

END OF EDITORIAL.......

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IF YOU'D LIKE TO REPLY TO THIS BOZO, PLEASE WRITE:

Editor, "The PEOPLES VOICE" Editorial Pages, The Tulsa World, Box 1770, Tulsa, OK 74102.

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COMMANDER PEDRO ATTEMPTS AN "UN-SCREWING"-- CHANGES MIND ABOUT JURY......

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 said.

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.,

END OF STORY.........

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