*1 TITLE: United States of America, Plaintiff v. Terry Lynn Nichols, Defendant.

TOPIC: DEFENDANT NICHOLS' MOTION TO ALLOW MEMBERS OF MR. NICHOLS' DEFENSE TEAM TO TAKE CAMERA AND FILM INTO FCI ENGLEWOOD

DOCKET-NUMBER: 96-CR-68-M

VENUE: U.S. District Court for the District of Colorado.

YEAR: Filed: July 10, 1997

JUDGE: Hon. Richard P. Matsch, Chief District Judge

ATTORNEY(S): Michael E. Tigar, Esq., Ronald G. Woods, Esq., N. Reid Neureiter, Esq., Adam Thurschwell, Esq., Jane B. Tigar, Esq., Denver, For the Defendant Terry Lynn Nichols.

TEXT:

Terry Lynn Nichols, through counsel, requests an order directing the Bureau of Prisons to permit a member of the Nichols' defense team to take a camera into the Federal Correctional Institute at Englewood in order to take pictures of Mr. Nichols' visits with his wife and children.

In a case such as this, the jury may have to consider the circumstances of the offense and the offender. One of the most important characteristics of Terry Nichols, the human being, is his love for his family, his wife Marife, and his three children, Josh, Nicole, and Christian. Christian was not yet born when Mr. Nichols was arrested as a material witness in this case; there are no photographs showing father embracing son. Nicole was but a toddler at the time of arrest, and is now a talkative and enthusiastic three-year old.

Nicole, Christian and Mrs. Nichols visit Mr. Nichols regularly and during these short visits Mr. Nichols makes an effort, despite the circumstances, to do those things that any loving father would do--to teach his children, read to them, hug them.

The Bureau of Prisons has informed the defense that a court order is needed to get a camera into the prison. Counsel requests such an order so as to be able to record Mr. Nichols' visits with his wife and children in the event it becomes necessary to give the jury a full picture of Terry Nichols, the human being. We would agree to any reasonable security concerns that Bureau officials may have with respect admission of a camera into the facility.