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Politics : Bill Clinton Scandal - SANITY CHECK -- Ignore unavailable to you. Want to Upgrade?


To: Neocon who wrote (55138)7/1/1999 5:00:00 PM
From: Ish  Read Replies (1) | Respond to of 67261
 
<<Garth has a nice enough sound, but not enough distinction melodically, so I find him boring. >>

With Garth it's the words that count more than the melody.

<<Chants? Hmmmmm, are you sucking up to Melinda? >>

I have a friend in Taos, he ramrods the D.H. Lawrance Ranch for the U of N.M. Got me interested in some of the Navajo stuff.



To: Neocon who wrote (55138)7/1/1999 5:08:00 PM
From: one_less  Read Replies (1) | Respond to of 67261
 
Fortier could be free soon
By Howard Pankratz
Denver Post Legal Affairs Writer

July 1 - Michael Fortier, the Oklahoma City bombing trial witness serving a 12-year sentence in federal prison, could be released soon because of a ruling Wednesday by a Denver-based federal appeals court.

The 10th U.S. Circuit Court of Appeals said Fortier's sentence was calculated incorrectly - and indicated that it was far too severe. Fortier could be resentenced within 60 days.

Michael McGuire, Fortier's lawyer, said he will ask that Fortier, who has been behind bars for four years, be let out of prison immediately.

"I'm definitely going to argue that Mr. Fortier has served a long enough sentence and that a proper application (of the sentencing guidelines) would warrant his release,'' McGuire said. "I'm very grateful for the decision and thankful that the court did a real thorough review of the facts of the case and issues.''

But relatives of those who died in the bombing decried the ruling.

Jannie Coverdale, whose lost her grandsons, Aaron, 5, and Elijah, 2, said she was "angry - very angry.''

"I wasn't even satisfied with the 12-year sentence and thought he should have gotten more time,'' Coverdale said.

Tina Tomlin, who lost her husband, Rick, in the blast, said she is appalled at the idea that Fortier might walk free.

"I could live with 12 years. I thought that was fair,'' Tomlin said. "But letting him go after four years is just like slapping his hand.''

U.S. Justice Department spokesman Myron Marlin said prosecutors would have no comment until they thoroughly reviewed the opinion.

"The only thing I can say . . . is that we have not reviewed the decision, but as soon as we receive it we will do so,'' Marlin said.

Irven Box, an Oklahoma City lawyer who specializes in criminal law and served as a media expert during the bombing trials, said he believes Fortier's release is imminent. Fortier's new sentence, he said, probably will be around 40 months.

"I think there are going to be drastic reductions,'' he said. "I think there is a possibility he could be totally discharged from incarceration.''

One hundred sixtyeight people died in the bombing, which occurred at the Alfred P. Murrah Federal Building on April 19, 1995. More than 500 others were injured.

During two trials in Denver, Timothy McVeigh and Terry Nichols were convicted of the crime. McVeigh was convicted of murder and conspiracy and sentenced to death. Nichols was convicted of conspiracy and involuntary manslaughter and sentenced to life in prison.

Fortier was a crucial prosecution witness against both defendants.

He testified that he first learned of McVeigh's decision to strike out against the government in September 1994, when McVeigh, with whom he had served in the Army, tried to recruit him by letter. In the letter, McVeigh told Fortier that he and Nichols had decided to take some type of offensive action against the federal government. Subsequently, in a meeting at Fortier's home in Kingman, Ariz., McVeigh told Fortier he and Nichols planned to blow up a federal building.

During the months leading up to the bombing, McVeigh continued to unsuccessfully solicit Fortier's help. He told Fortier that he and Nichols had stolen explosives that they intended to use to destroy the federal building in Oklahoma City on the two-year anniversary of the fiery federal raid on the Branch Davidian compound near Waco, Texas.

He subsequently learned that Nichols and McVeigh had robbed an Arkansas gun collector to help fund the plot, and he later drove with McVeigh to Kansas to pick up some of the stolen guns.

Federal prosecutors brought criminal charges against Fortier, claiming he broke the law when he transported some of the weapons stolen in Arkansas. As part of a plea bargain, Fortier agreed to testify for the prosecution and plead guilty to conspiring to transport stolen firearms, transporting stolen firearms and making a false statement to the FBI.

The three-judge appeals panel that wrote Wednesday's ruling said U.S. District Judge Thomas Van Bebber, who presided over Fortier's case, incorrectly used firstdegree murder sentencing guidelines when calculating Fortier's sentence.

There was no evidence that Fortier had any intention to murder anyone or harbored malice or premeditation, the panel said.

"We expect our holding will dramatically affect Mr. Fortier's total offense level,'' said the panel, which consisted of Judges John Porfilio, Bobby Baldock and Robert McWilliams.