Bomb Plotter Nichols’ Life Term Appealed

OKLAHOMA CITY —  Oklahoma City bombing co-conspirator Terry L. Nichols has appealed to the U.S. Supreme Court to overturn his life sentence, arguing that a federal judge wrongly applied guidelines for first-degree murder.

The same reasoning was used by Michael Fortier to get his sentence thrown out earlier this week.

Nichols, convicted of conspiracy and involuntary manslaughter in the 1995 bombing, filed the appeal Wednesday. He also is challenging whether an FBI special agent should have been allowed to testify about the scientific evidence against him in his federal trial.

Fortier, who pleaded guilty to having advance knowledge of the bombing, was sentenced to 12 years in prison. An appeals court tossed out the sentence Wednesday after ruling that guidelines for involuntary manslaughter, rather than first-degree murder, should have been the basis for his prison term.

But that court’s opinion noted that the case was different from Nichols’ because Fortier had not shown the same malice and premeditation.

Nichols, 44, is set to appear before a federal judge next week to argue separate issues with an appeals court.

Nichols’ appeal to the Supreme Court says his acquittal on charges of first- and second-degree murder show that the jury didn’t believe he knew of Timothy J. McVeigh’s intention to kill people.

His life sentence from U.S. District Judge Richard P. Matsch was on the count of conspiracy to use a weapon of mass destruction. Nichols also received concurrent six-year sentences for each of the eight counts of involuntary manslaughter.