United States District Court
WESTERN DISTRICT OF OKLAHOMA
APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT
In the matter of the search of AUTOMOBILE LOCATED AT 1977 MERCURY MARQUIS AUTOMOBILE LOCATED AT 1009 N.W 4TH STREET OKLAHOMA CITY, OKLAHOMA
I, Henry C Gibbons, being duly sworn depose and say I am a Special Agent. Federal Bureau of Investigation, and have reason to believe that on the premises known as, AUTOMOBILE: Yellow 1977 Mercury Marquis, currently located at 1009 N W. 4th Street, Oklahoma City, Oklahoma, in the Western District of Oklahoma, there is now contained certain property, namely yellow 1977 Mercury Marquis, and for which a comprehensive forcnsic examination of its contents could reveal items. including but not limited to, hair, fibers, oil, fuel, soil, grass, chemicals and fingerprints which has been used as the means of committing a criminal offense and which is property that constitutes evidence of the commission of a criminal offense specifically a violation of Title 18, United States Code, Sectlon 844(f).The facts to support a finding of Probable Cause areas follows:See attached Affidavit of Special Agent Henry C. Gibbons, Federal Bureau of Investigation, which is incorporated by reference herein.Continued on the attached sheet and made a part hereof
HENRY C. GBBONS
Federal Bureau of Investigation
Sworn to before me and subscribed in my presence on this 5th day of May, 1995, at Oklahoma City, Oklahoma.
DAVID L. RUSSEL UNITED STATES DISTRICT JUDGE
I, HENRY C. GIBBONS, being duly sworn, Hereby state that I am an agent with the Federal Bureau of Investigation, having been so employed for 26 years and as such am vested with the authority toinvestigate violations of federal laws, inciuding Title 18, United States Code, Section 844(f) This affidavit is submitted in support of a search warrant for a 1977 yellow Mercury Marquis in the pcssession of the Federal Bureau of Investigation(FBI). Further, Affiant states:
1. The following information was received by the Federal Bureau of Investigation during the period Apri' 19, 1995 to May 4, 1995.
2. On April 19, 1995, a powerful exploslve device detonated in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, at approximately 9:00 a.m. Among the many people killed by the bombing are employees of the numerous federal agencies which had offices in the building.
3. Investigation by Federal agents at the scene of the explosion has determined that the explosive was contained in a 1993 Ford truck owned by Ryder Rental Company. a. A partial vehicle identification number (VIN) was found at the scene of the explosion and determined to be from a part of the truck that contained the explosive device. 57/5/45 B. The Vin which was completely redonstructed was traced back to a truck owned by Ryder Rentals of Miami, Florida. c. Ryder Rentals informed the FBI that the truck was assigned to a rental company known as Elliot's Body Shop in Junction City Kansas.
4. The rental agent at Elliot's Body Shop in Junction City_was intervied by the FBI_ on April 19, 1995, and advised that two persons had rented the truck on April 17, 1995. The individual who signed the rental agreement provided the following informatlon: a. the person who signed the rental agreement identified himself as Bob Kling, SSAN 962-42-9694, South Dakota driver's license number YF942A6, and provided a home address of 428 Maple Drive, Omaha, Nebraska, telephone 913-238-2425. The person listed the destination as 428 Maple Drive, Redfield, South Dakota. b. Subsequent investigation conducted by the F3I determined all that information to be false.
5. An employee of Elliot's Body Shop in Junction City, Kansas, identified Timothy McVeigh from a photographic array as the person who rented a Ryder truck on April 17, 1995, and signed the rental agreement.
6. An employee of the Dreamland Motel in Junction City, Kansas, identified Timothy McVeigh as a guest at the motel from April 14, 1995, through April 18, 1995. This employee, when shown a photo lineup identified Timothy McVeigh's picture as the individual who registered at the motel under the name of Tim McVeigh, listed his automobile as a Mercury bearing an Arizona license plate, and provided a Michigan address, onNorthVan Dyke in Decker Michigan. 7. On April 17, 1995, Timothy James McVeigh was arrested in Noble County, Oklahoma, on traffic and weapons offenses and was thereafter incarcerated on those charges in Perry, Oklahoma. McVeigh's arrest occurred approximately 60-70 mi1es north o Oklahoma City, Oklahoma, approximately 1 hour and 2o minutes after the April 19, 1995, explosion that damaged the Alfred P. Murrah Federal Building. At the time of his arrest, McVeigh was driving a 1977 yellow Mercury Marquis.
8. On Ap-il 21, 1995, a criminal complaint was filed charging Timothy James McVeigh with a violation of 18 U.S.C. 844 f) based on his involvement of the bombing of the Murrah Federal Building. Later that day, McVeigh was taken into federal custody.
9. On April 27, 1995, a preliminary hearing was held on this charge, evidence was presented and the federal magistrate judge found that there was probable cause to believe that an offense had been committed and that McVeigh committed it.
10. Based on interviews and other evidence developed by the FBI, there is reason to believe McVeigh did not act alone in committing this offense: a. The employee at Elliot's Body Shop in Junction City, Kansas, where the truck subsequently used as the bomb vehicle was rented, has advised that the vehicle was picked up by two persons; b. Two witnesses at the scene of the Alfred P Murrah building on April 19, 1955, observed a person believed to be Timothy James McVeigh with another person departing the area of the Murrah Building shortly before the bombing. One of these witnesses observed the person they believed to be Timothy James McVeigh leave the area in a yellow or cream-colored Mercury;
11. Supervisory Special Agent(SSA) James T. Thurman, Chief, Explosives Unit Washngton, D C , Bomb Data Center, FBI Laboratory, advised that: a the bomb which detonated in front of the Murrah Federal Building on April 13, 19949, contained a high explosive main charge initiated by as yet unknown methods; b. an explosive device of the magnitude which exploded in Oklahoma Cily on April 19, 1995, would have been constructed over a period of time utilizing a large quantlty of both paraphernalia and materials, which may have included, but not been limited to, the following: fertilizer, fuel oil, chemicals, dynamite, military explosives, detonators (blasting caps), electrical or non-electrical fusing systems, wires, batteries, timing devices, burning type fuse, mixing and other containers. c. The construction of an explosive device similar to the one believed to have caused the damage to the Murrah Building would necessarily have involved the efforts of more than one person. '
12. On. April 21, 1995, United States District Judge David L. Russell authorized a search warrant for the 1977 Mercury Marquis based upon an application and affidavit of the United States Among the items located during the course of the search of the 1977 yellow Mercury Marquis were human hairs of value for comparison purposes of more than one person.
13. On May 2, 1995, FBI Supervisory Special Agent (SSA) Richard S. Hahn advised affiant that during the course of the initial search, a test for latent fingerprints utilizing Cyano Acrylate was not conducted. SSA Hahn advised that the Cyano Acrylate search procedure can produce latent finger prints of value which other tests cannot produce.
14. A comprehensive forensic processing and examination of the vehicle and its contents could reveal hair, fibers, oil, fuel, soil, grass, chemicals and fingerprints which could be used to identify the presence of other persons present in the vehicle with Timothy James McVeigh and/or the presence of chemicals which could be used in the construction of the explosive device, and/or could be used to place the vehicle at locations where the explosive device may have been constructed, and/or could provide other evidence of the relationship of the vehicle and its owner to the explosion in Oklahoma City, Oklahoma. Moreover, during the course of this investigation, evidentiary items, including man-made and natural fibers, hairs, cloth, oil, fuel, other compounds, soil and grass have been seized from the Dreamland motel room, described paragraph 6 where McVeigh stayed, and from a location at Geary State Fishing Lake, approximately six miles south of Junciton City, Kansas, where witnesses described seeing a Ryder truck parked next to a pickup truck in an unpaved area on April 18, 1995. The pickup truck was described as a 1980-1987 Chevrolet or GMC truck, dark blue or brown in color, with possibly a white comper shell back. Terry Nichols, who has admitted that he is an associate of McVeigh, and who has stated that he loaned his pickup truck to McVeigh on April 18, 1995, in Junction City, Kansas, owns a 1984 GMC blue pick-up truck with a white camper top. An additional, comprehensive processing and examination of the yellow 1977 Mercury Marquis is needed in order to obtain representative samples and quantities capable of analysis for purposes of comparison with the items described above.
15. Based upon the aforesaid, your affiant believes that probable cause exists to believe that the yellow 1977 Mercury Marquis, which is currently in FBI custody, is property which has been used as a means of committing a violation of Section 844(f) of Title 18, United States Code. Affiant also believes that probable cause exists to believe that the yellow 1977 Mercury Marquis currently in FBI custody consists of and contains items, both visible and latent, which are evidence of a criminal offense, namely Section 844(f) of Title 18, United States Code, or which can be compared to items seized and identified which are such evidence.
16. Based on the aforesaid and Rule 41(b), Federal Rules of Criminal Procedure, affiant wishes to seize said vehicle as evidence and to examine and process said vehicle and its contents Affiant believes there is a probable cause for law enforcement officials.to conduct laboratory examinations on this vehicle and its contents for trace evidence materials to associate the vehicle with the bombing of the Alfred P.Murrah Federal Building, the mixing of explosives and to link said vehicle to any other coconspirators. Further your affiant sayeth not.
Henry C. GIBBONS
Federal Bureau of Investigation
ITEMS TO BE SEIZED 1977 MERCURY +MARQUIS
1. Explosive materials and residue including but not limited to the following: Military explosives, C4, ammonium nitrate, dynamite, water gels, cmulsions, detonating cord, explosive boosters, free flowing powders, including but not limited to black powder, pyrodex and smokeless powder and explosive detonators including but not limited to electric and non-electric.
2. Fuzing systems including but not limited to clocks, timers, radio transmltters, servo motors and components, wires, electncal andlor mechanical switches, time fuse, chemical delays, andlor any other source of power.
3. Non-explosive construction materials including but not limited to tape, wiring, adhesives, fasteners, containers, nails, staples, or any other matenal necessary to assemble IED devices.
4. Non-explosive fragrnentation material including nails, screws, wire and other metal fragment which could be used to enhance the damage effect of the explosion.
5. IED construction tools which would include but are not limited to scewdrivers, cnmpers,wire strippers, knives, pliers, hammers, fingernail clippers, files, electnal tools such as saws, dnlls and presses.
6. Documentation which would include but not limited to schematics, bluepnnts, receipts for purchase of items, ùhow to+ magazines, books and pamphlets which described construction, design and asscmbly techniques, directions, maps and blueprints of target sites and potential target sites, communications, memos and photographs which would include descriptive infonnation such as telephone numbers, addresses, affiliations and contact points of individuals involvcd in a conspiracy to manufacture, transport and/or detonatc the explosivc device used at the Alfred P. Murrah building on April 19, l995.
7. Any assembled cxplosivc and/or detonation device.
8. Photographs, maps, hotel receipts, rental receipts, notes, ledgers, phone numbers, address books, commerical transportation receipts, and firearrns, ammunition, digital pager(s), cellular phones, chemical forrnulas, and/or recipcs for explosivcs. For which items there is probable cause stated in the Affidavit in support of the Application for the Search of the 1977 Mercury Marquis, and which items are evidence and instrumentalities of a violation of 18 U.S.C. + 371 and 844(f).
UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION
date April 21, 1995
1977 yellow Mercury Marquis VIN 2260A613847
Description of Items:
1 black ball cap from front passenger seat
2 one sheet of paper from front passenger seat
3 one enveloped containing contents unopened from front passenger seat
4 one clipboard form front passenger seat
5 one Wrigley gum wrapper from between from passenger seat
6 one pair brown gloves from under passenger seat
7 debris from under rear seat(includes .55)
8 dry swabbing from door handles and steering wheels
9 dry swabbing from drivers side sun visor
10 white rag from trunk
11 carpeting from trunk
12 dry swabbing from trunk (illegible)
13 tool box from trunk
14 debris from trunk
15 vacuuming from right rear carpet
16 vacuuming from left rear carpet
17 vacuuming from right front carpet
18 vacuuming from left front carpet
19 vacuuming from trunk
20 vacuuming from front rear and rear seats
21 three latent lifts
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OKLAHOMA
MOTION FOR DISCLOSURE
COMES NOW the plaintiff, United States of America, by Patrick M. Ryan, United States Attorney for the Western District of Oklahoma, through Vicki Z- Behenna, Assistant United States Attorney, and moves this Honorable Court for an Order permitting the unsealing and disclosure of the original search warrants, warrant returns and affidavits filed under seal in connection with each of the following search warrants issued by this Court
1. Warrant lssued April 21, l995, at 3:10 p.m. and designated as Case Number M-95-95-H;
2. Warrant issued April 21, 1995, at 3:55 p.m. and designated as Case Number M-95-96-Hi
3. Warrant lssued April 21, 1995, at S:S5 p.m. and designated as Case Number M-95-100-H; 4. Warrant issued May 5, l995, at 5:20 p.m. and designated as Case Number M-9S-106-H; The disclosure Order is sought for the following reasons: 1. On August 10, 1995, a Federal Grand Jury for the Western District of Oklahoma returned an eleven-count Indictment in CR- 95-llO-A, charging Timothy James McVeigh and Terry Lynn Nichols with violations of Title 18, United States Code, Sections 2332(a), 844(f) and 2(a) and (b), and 1114, llll and 2(a) and (b).
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
IN RE: SEARCH WARRANTS
Upon motion of the United States of America and of good cause shown, IT IS HEREBY ORDERED that the original search warrant returns and affidavits presently under seal by Order of the United States District Court for the Western District of Oklahoma, may be disclosed to the parties for the limited purpose of discovery in the case styled United State9 of America vs. Timothy James McVeiqh and Terry Lynn Nichols, in the United Stateq District Court for the Western District of Oklahoma, Case No. CR- 95-110-A, and to their attorneys, and that duplicate copies of 9aid documents may be used by counsel and the Court in such further proceedings as there may be in the said case. IT IS SO ORDERED this 1st day of September, 1995.
United States Magistrate Judge