Witnesses can't positively identify Nichols (Oklahoma City bombing update)

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Witnesses can't positively identify Nichols

OKLAHOMA CITY -- Prosecution witnesses who sold 40 50-pound bags of ammonium nitrate to someone just before the Oklahoma City bombing admitted under oath Tuesday they could not positvely say the man who purchased the explosive material was Terry Nichols.

At least three witnesses, all workers of Kansas Co-op, testified that a man wanting to purchase ammonium nitrate came into their offices a few weeks prior to the bombing. The three were testifying during a preliminary hearing to see if Nichols, accused as a conspirator with Timothy McVeigh, should stand trial on state murder charges. Nichols is already serving a life sentence for the deaths of eight federal workers killed in the bombing.

Tuesday, the court heard testimony from Mid-Kansas Co-op worker Stuart Vogts, who said he saw Terry Nichols trying to purchase ammonium nitrate, the fertilizer compound Nichols and McVeigh allegedly used to make the bomb that destroyed the Murrah Federal Building.

On cross examination by Nichols lawyers, Vogts appeared to get flustered and said the purchaser did not wear glasses. Vogts sent the man to another Mid-Kansas Co-op location. Two workers at that location testified Tuesday they could not positively identify Nichols as the purchaser.

The last witness of the day was Oklahoma City police office Sgt. Mike McPherson, a full-time bomb expert. McPherson testified as to the scene of the bombing, specifically saying the smoke smelled like "amfo" the term used for ammonium nitrate mixed with fuel oil.

Nichols' ex-wife, Lana Padilla, was the first to take the witness stand on Tuesday, to resume testimony she began during Monday's first day. She changed her account somewhat of her encounters with Nichols. Padilla testified that she had been threatened by Nichols, who showed her a gun in his waist-band and said, "I can make your life miserable."

In closing, prosecutor Sandy Elliott asked Padilla if she hugged Nichols during the break on Monday. Padilla responded "yes." Elliott told the court that gesture shows the bias of the witness.

The court Tuesday also heard from Ton Dunaway, a Department of Transportation explosives expert, who testified about the transportation of explosives.

Alan Radke, a worker from a rock quarry just outside of Marion, KS, also testified about a burglary in late September, 1994, in which blasting caps and explosives were stolen.

Prosecutors allege Nichols participated in a series of robberies and thefts to raise money for the bombing and helped McVeigh make the device.

As the testimony continues, many victims' families and survivors have differing views on the state trial.

Paul Heath knows a lot about getting over traumatic events -- he's a psychologist for military veterans.

And Heath, who survived the bombing of the Alfred P- Murrah Federal Building, says trying Nichols on state charges is just what the doctor ordered to quiet the demons of the April 19th, 1995, attack.

Heath says people would like the event to go away, but that won't happen until a verdict is reached in a fair and impartial trial.

But Bud Welch, who lost his daughter in the bombing, believes nothing can be gained by rehashing the events.

Welch says it's been more than eight years since the bombing and it's time to get the justice system out of it.

Judge McCall has said he will continue the hearing until all evidence is presented or until a time at which the state has proven there is enough evidence to proceed to trial.