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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Richard P. Matsch Criminal Action No. 96-CR-68-M UNITED STATES OF AMERICA, Plaintiff,
TERRY LYNN NICHOLS, Defendant. MOTION OF DEFENDANT TERRY LYNN NICHOLS TO PERMIT PHOTOGRAPH TO BE TAKEN OF HIM WITH HIS SON Terry Lynn Nichols, by 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 photograph Mr. Nichols with his son Joshua during a social visit. The Bureau of Prisons, through officials at FCI Englewood, has declined Mr. Nichols’ request to allow a camera into the prison for this purpose. The Court previously ordered that "the Bureau of Prisons shall permit members of the Nichols defense team to utilize a camera within the visiting room at FCI Englewood to photograph Mr. Nichols’ social visits with his wife and children." See Order dated July 21, 1997 (attached hereto as Exhibit A). Pursuant to this order, photographs of Mr. Nichols with his younger children Nicole and Christian were taken, and some of these photographs were entered as defense exhibits at the penalty phase of trial. See Defense Exhibits M695, M696 and M697. Mr. Nichols requests an additional order clarifying that similar pictures may be taken of him with his son Joshua. The earlier order was justified by the need to preserve evidence of Mr. Nichols’ ongoing relationship with his children, who had changed substantially (or actually been born, in Christian’s case) since he had been incarcerated and thus unavailable for family photographs. We make this request for the same reason. Joshua has grown from a boy of twelve to a young man of fifteen during the past three years, changing both physically and emotionally. He has maintained a close relationship with Mr. Nichols throughout this difficult period, visiting his father in jail when he can and speaking to him every week by phone. The fact that they have managed to maintain any kind of relationship under this enormous stress speaks volumes about Mr. Nichols’ concern for his children and may well be a crucial mitigator. Moreover, although Mr. Nichols has been spared the death penalty in this case, the State of Oklahoma, through its governor and local District Attorney, has announced its intention of again putting Mr. Nichols on trial for his life. Mr. Nichols will have a constitutional right to present mitigating evidence of his life and family relationships at this trial, assuming a penalty phase is necessary. Mr. Nichols’ need to document his ongoing relationship with Joshua therefore has a constitutional dimension. That need is particularly pressing given the rapid changes brought about by adolescence, the uncertainty about when Mr. Nichols will be put on trial in Oklahoma, and the question of whether Oklahoma will permit contact visits with his family (much less photographing of these visits). As before, Mr. Nichols agrees to any reasonable security concerns that Bureau officials may have with respect admission of a camera into the facility. Joshua Nichols will be coming to Denver shortly to attend the sentencing on June 4, 1998. For that reason, we request that the photographs be permitted prior to that date. WHEREFORE, Mr. Nichols 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 photograph Mr. Nichols with his son Joshua during a social visit. I certify that a copy of this motion was served on Larry Mackey, Special Attorney to the United States Attorney General, by telefacsimile and first class mail, on May 29, 1998. Respectfully submitted, Ronald G. Woods Adam Thurschwell (303) 831-4059 Counsel for Terry Lynn Nichols I certify that a copy of this motion was served on Larry Mackey, Special Attorney to the United States Attorney General, by telefacsimile and first class mail, on May 29, 1998. ______________________________ Jan Halbert IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Richard P. Matsch
Criminal Action No. 96-CR-68-M UNITED STATES OF AMERICA, Plaintiff,
TERRY LYNN NICHOLS, Defendant ORDER DIRECTING BUREAU OF PRISONS TO PERMIT CAMERA INTO CORRECTIONAL FACILITY
The Court having reviewed the Motion of Defendant Terry Lynn Nichols to Permit Photograph to Be Taken of Him with His Son and good cause having been shown, the motion is GRANTED. It is hereby ORDERED that the Bureau of Prisons shall permit members of the Nichols defense team to photograph Mr. Nichols with his son Joshua within the visiting room at FCI Englewood during a social visit; and it is further ORDERED that Mr. Nichols' defense team members shall comply with all reasonable security precautions. It is so ORDERED this _______ day of ________, 1998. BY THE COURT: ___________________________ Richard P. Matsch, Chief Judge United States District Court
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