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PETITION
FOR WRIT OF MANDAMUS OF PETITIONER-DEFENDANT,
TIMOTHY JAMES McVEIGH AND BRIEF IN SUPPORT MARCH 25, 1997 |
III.
THE ARREST OF TIMOTHY MCVEIGH. On April
21, 1995, federal law enforcement officials became unshakably focused upon
Timothy McVeigh who was being held in the Noble County Jail in Perry, Oklahoma,
on various state misdemeanor charges. See D.E. 1457 at 4. Mr. McVeigh had been
pulled over by an Oklahoma Highway Patrolman, Charles Hanger, on Interstate
Highway 35 on the morning of April 19, 1995. McVeigh was driving a 1977 pale
yellow Mercury Marquis, and was stopped by Trooper Hanger because the car
McVeigh was driving displayed no license plate. McVeigh told Trooper Hanger
that he was returning from Arkansas.[6]
---------------------------------------
FOOTNOTES: [6] Evidence held by
the government and Defendant clearly shows Mr. McVeigh traveled to and from
Arkansas on a frequent basis. --------------------------------------- Hanger arrested McVeigh on the basis of the
traffic violation and the state misdemeanor charge of carrying a weapon. McVeigh's
yellow Mercury was left on the side of the highway
and was not impounded. Between April 19, 1995, and April 21, 1995,
federal law enforcement officials traced a Vehicle Identification Number
appearing upon the axle of the truck believed to have carried the bomb to a
Ryder rental truck dealership in Junction City, Kansas. The FBI prepared a
composite drawing of "unidentified subject #1" based upon
descriptions provided by witnesses at the Ryder rental dealership. By showing
the composite drawing to employees at various motels in Junction City, Kansas,
the FBI "determined" that the drawing resembled a man named Timothy
McVeigh that had been a guest at the Dreamland Motel in Junction City from
April 14-18, 1995. A records check then revealed that a man named Timothy
McVeigh was in custody in the Noble County Jail in Perry, Oklahoma, facing
state misdemeanor charges. The FBI,
knowing their suspect was in custody at a small county courthouse in Oklahoma,
proceeded to orchestrate what is now commonly referred to as the "perp
walk" in which a criminal suspect is led away from confinement in shackles
by law enforcement personnel for the media and all to see. The FBI was not
disappointed. See D.E. 2825 at 7. Mr. McVeigh was detained in the courthouse
while the world media gathered and his walkout was timed for the evening
network news broadcast. With the nation, and indeed much of the civilized world
watching, Timothy McVeigh, wearing a bright orange prison jumpsuit and no
protective vest, shackled at the wrists and ankles, and wearing a militarystyle
haircut and a "thousand yard" stare, was paraded before a mob of
angry citizens, many of whom shouted repeatedly, "baby killer, baby
killer" at him. This was how the Petitioner was transferred to federal
custody.[7]
------------------------------------------ FOOTNOTES: [7] The government claims the
delay was caused by the wait for a Federal Warrant and a State Judge who
granted Mr. McVeigh the opportunity to confer with a local attorney who had
repeatedly been blocked from seeing the Defendant by the local Assistant
District Attorney. The attorney filed a Motion for Habeas Corpus to produce Mr.
McVeigh for an interview which was granted. Thus, the delay was not caused by
the Judge or the attorney, but the State prosecutor. A Federal John Doe 1
Warrant was already in place. ----------------------------------------- |
PETITION
FOR WRIT OF MANDAMUS OF PETITIONER-DEFENDANT,
TIMOTHY JAMES McVEIGH AND BRIEF IN SUPPORT MARCH 25, 1997 |
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