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University of Oklahoma Graduate College Fair Trial UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE FAIR TRIAL/FREE PRESS ISSUES IN THE FEDERAL CRIMINAL TRIALS OF TIMOTHY McVEIGH AND TERRY NICHOLS A DISSERTATION SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the Degree of DOCTOR OF PHILOSOPHY By CHAD FLYNN NYE Norman, Oklahoma 2011 FAIR TRIAL/FREE PRESS ISSUES IN THE FEDERAL CRIMINAL TRIALS OF TIMOTHY McVEIGH AND TERRY NICHOLS A DISSERTATION APPROVED FOR THE GAYLORD COLLEGE OF JOURNALISM AND MASS COMMUNICATION BY ______________________________ Dr. Fred Beard, Chair ______________________________ Dr. David Craig ______________________________ Dr. Peter Gade ______________________________ Dr. Glenn Hansen ______________________________ Dr. Robert Kerr © Copyright by CHAD NYE 2011 All Rights Reserved. DEDICATION This dissertation is dedicated to my wife, Erica Nye, and my son, Walker Wilson Grant Nye. Erica was with me through the long days and nights I spent covering the Oklahoma City bombing trials as a reporter for KJRH-TV in Tulsa, Oklahoma in 1997 and 1998. She was with me as well through the long days and nights I spent researching and writing this dissertation. Walker was born on April 19, 1998, which was the third anniversary of the Oklahoma City bombing. His birthday is forever linked with the events that are the focus of this study. Erica and Walker have been my inspiration in pursing my doctoral degree. They have sacrificed much and supported me completely along the way. I will never be able to express enough gratitude to them, and this dissertation is dedicated to them. ACKNOWLEDGEMENTS I am grateful for the assistance and support of many people without whom it would have been impossible for me to complete this dissertation. I am especially indebted to Dr. Fred Beard, the chair of my dissertation committee at the University of Oklahoma. Dr. Beard guided me, encouraged me, and inspired me through what was an arduous but enlightening task. Without Dr. Beard’s guidance and expertise, this dissertation would not have been possible. I would also like the thank committee members Dr. David Craig, Dr. Peter Gade, Dr. Glenn Hansen, and Dr. Robert Kerr for their service. Each member contributed individual advice and guidance that made this dissertation possible. I would be remiss not to thank the staff of the Oklahoma City National Memorial Museum and Archives for helping me with the archival research for this study. I would also like to thank attorneys Stephen Jones and Michael Tigar for providing oral history interviews for this study. This dissertation was written almost entirely during my first year as an A.B.D. faculty member at Keene State College in Keene, New Hampshire. I wish to express special thanks to my Keene State College faculty colleagues for their support during that most difficult year. To Dr. Rose Kundanis, Dr. Marianne Salcetti, Dr. Mark Timney, and Mr. Julio Del Sesto, I offer my most heartfelt thanks for your encouragement and support. I would also like to thank my department chair, Dr. Ann Atkinson, and my dean, Dr. Nona Fienberg, for their support. I wish to thank my family for their love, support, and encouragement throughout this process. I would never have dreamed of pursuing a doctoral degree were it not for iv my parents, Dr. Jerry Nye and Mrs. Juanita Nye. My wife, Erica, and my son, Walker, have been my inspiration all along, and I thank them for the sacrifices they have made to help me achieve this goal. Finally, I thank God for hearing my prayers and answering them. v TABLE OF CONTENTS ACKNOWLEDGEMENTS ......................................................................................... iv ABSTRACT ............................................................................................................... viii INTRODUCTION ......................................................................................................... 1 I. REVIEW OF LITERATURE .................................................................................... 8 Fair Trial/Free Press: Clashes Between the First and Sixth Amendments ...... 13 Early Fair Trial/Free Press Issues ......................................................... 14 Shepherd v. Florida ............................................................................... 16 Irvin v. Dowd ......................................................................................... 17 Shepherd v. Maxwell ............................................................................. 20 The Manson Family Murders ................................................................ 24 Nebraska Press Association v. Stuart ................................................... 30 Richmond Newspapers, Inc. v. Virginia ................................................ 35 Gannett Co. v. DePasquale ................................................................... 38 Globe Newspaper Co. v. Superior Court .............................................. 39 Press-Enterprise I and Press-Enterprise II ........................................... 40 Attorney Advocacy in the Press ...................................................................... 41 Early Professional Codes ...................................................................... 42 Calls for Change .................................................................................... 42 Model Code of Professional Responsibility .......................................... 44 Model Rules of Professional Conduct .................................................. 46 Gentile v. State Bar of Nevada .............................................................. 47 Broadcasting and Cameras in the Courts ......................................................... 52 The Hauptmann Case ............................................................................ 54 Estes v. Texas ........................................................................................ 58 Chandler v. Florida ............................................................................... 60 Research Problem and Questions .................................................................... 66 Research Questions ............................................................................... 69 II. METHOD ............................................................................................................... 74 Introduction ..................................................................................................... 74 Empirical History ............................................................................................ 78 Application of Methods ................................................................................... 79 Topic Definition .............................................................................................. 80 Immersion ............................................................................................. 80 Guided Entry ......................................................................................... 83 Developing the Research Question ................................................................. 84 Sources ............................................................................................................ 85 Types of Sources ............................................................................................. 85 vi Source Criticism .............................................................................................. 89 Evidence, Interpretation, and Narrative ........................................................... 91 Summary .......................................................................................................... 94 III. FINDINGS ............................................................................................................96 Pre-indictment Posturing ................................................................................. 97 Post-indictment Period .................................................................................. 108 The Case Changes Hands .............................................................................. 119 The Case Moves to Denver ........................................................................... 144 Change of Venue Effects ............................................................................... 149 Pretrial Issues in Denver ................................................................................ 162 The Press Threatens the Trial ........................................................................ 204 The Press Protests at McVeigh’s Jury Selection ........................................... 218 Nichols Trial Preparation and Sealed Documents Appeal ............................ 221 Final Disposition ........................................................................................... 229 IV. DISCUSSION AND CONCLUSIONS ............................................................... 235 Pretrial Publicity ............................................................................................ 237 Defense Team Press Strategies ...................................................................... 240 Sealed Documents ......................................................................................... 243 Change of Venue ........................................................................................... 247 The Press Consortium .................................................................................... 250 Audio Feeds and Audiotapes ........................................................................
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