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Appeals court clears way for Nichols case

OKLAHOMA CITY, Oct. 29 (UPI) -- Oklahoma's prosecution of Oklahoma City bombing conspirator Terry Nichols is back on track after a dispute over paying defense attorneys in the long-delayed state murder prosecution.

In a two-page ruling Monday, the Oklahoma Supreme Court put another judge in charge of overseeing the use of county funds to pay lawyers for Nichols, who is indigent. Defense attorneys have spent $1.7 million in preparation for the trial.

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A preliminary hearing has never been held in the case, partly due to wrangling over the payments. The attorneys are paid from a county fund made up of fines, fees and forfeitures from court cases.

The decision of the state's highest court means the case is "back on track," according to Oklahoma District Attorney Wes Lane, who has pledged to continue the prosecution of Nichols.

Nichols was convicted in federal court of conspiracy in the 1995 bombing that killed 168 people at the Murrah Federal Building in Oklahoma City. Timothy McVeigh, the alleged masterminded, was executed for his role in the attack and Nichols was sentenced to life in prison.

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Nichols and McVeigh were prosecuted by federal authorities only for the deaths of the eight federal agents who died in the bombing. The state has filed first-degree state murder charges in the other 160 deaths and wants the death penalty.

In the new ruling, the Supreme Court ordered that Judge Ray Dean Linder, who is scheduled to handle the preliminary hearing, oversee the defense spending and that expense reports contain "sufficient detail" for Linder to find if they are reasonable.

The justices had to step in because Nichols' attorneys and Oklahoma County's presiding judge, Dan Owens, had disagreed over payments. Defense attorneys contended that Owens was "hostile" and the judge said their bills needed more justification.

Lead defense attorney Brian Hermanson had no comment on the decision but his team of lawyers estimates they will need $2.7 million more for their defense.

Nichols, 47, is currently being held under high security at the county jail in Oklahoma City awaiting the trial on the state murder charges.

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