June 2, 1997
* * * * *
PROCEEDINGS
(In open court at 1:30 p.m.)
THE COURT: Please be seated.
The jury has informed that they have arrived at a verdict. Before I return the jury to receive the verdict -- and of course, at this moment, the verdict is known only to the jury -- I want to caution everyone here that there must be no audible or visible reaction to the verdict when it is read. When the jury returns, the verdict will be handed to me and I will read it.
Now, any person violating this order that there be no reaction will be removed from the courtroom.
I will address the jurors after reading the verdict. There will be some time required for this, and no one will leave the room until a recess or adjournment of the Court is announced.
We'll return the verdict -- the jury.
(Jury in at 1:32 p.m.)
THE COURT: Members of the jury, have you reached a verdict?
JURORS: Yes, we have.
THE COURT: Does the foreperson have the verdict form?
JUROR NO. 11: Yes, I do.
THE COURT: If you'll pass the verdict form to Mr. Manspeaker, he will pass it to me.
THE COURT: Members of the jury, you will listen to the reading of your verdict.
VERDICT
THE COURT: In the United States District Court for the District of Colorado, Criminal Action No. 96-CR-68, United States of America vs. Timothy James McVeigh. We, the jury, upon our oaths unanimously find as follows:
Count 1, conspiracy to use a weapon of mass destruction, guilty.
Count 2, use of a weapon of mass destruction, guilty.
Count Three, destruction by explosive, guilty.
Do you find that the Government proved beyond a reasonable doubt that the crime or crimes committed by the defendant, Timothy James McVeigh, as found above, resulted in the death of one or more of the persons named in the indictment? Yes.
Was the death of such person or persons a foreseeable result of the defendant's criminal conduct? Yes.
Count 4, first-degree murder of Mickey Bryant Maroney, guilty.
Count 5, first-degree murder of Donald R. Leonard, guilty.
Count 6, first-degree murder of Alan Gerald Whicher, guilty.
Count 7, first-degree murder of Cynthia Lynn Campbell Brown, guilty.
Count 8, first-degree murder of Kenneth Glenn McCullough, guilty.
Count 9, first degree murder of Paul Douglas Ice, guilty.
Count 10, first-degree murder of Claude Arthur Medearis, guilty.
Count 11, first-degree murder of Paul C. Broxterman, guilty.
Dated June 2, 1997, signed by the foreperson. Sir, was this and is this the jury's verdict?
JUROR NO. 11: Yes.
THE COURT: So say you all?
JURORS: Yes, sir.
THE COURT: I will poll the jury on the verdict; and I'm simply going to refer to you, members of the jury, by the chairs in which you are seated.
The juror seated in Chair No. 1: Was this and is this your verdict?
JUROR NO. 1: Yes.
THE COURT: The juror seated in Chair No. 2: Was this and is this your verdict?
JUROR NO. 2: Yes.
THE COURT: The juror seated in Chair No. 3: Was this and is this your verdict?
JUROR NO. 3: Yes, sir.
THE COURT: The juror seated in Chair No. 4: Was this and is this your verdict?
JUROR NO. 4: Yes.
THE COURT: The juror seated in Chair No. 5: Was this and is this your verdict?
JUROR NO. 5: Yes, sir.
THE COURT: The juror seated in Chair No. 6: Was this and is this your verdict?
JUROR NO. 6: Yes, sir.
THE COURT: The juror seated in Chair No. 7: Was this and is this your verdict?
JUROR NO. 7: Yes, sir.
THE COURT: The juror seated in Chair No. 8: Was this and is this your verdict?
JUROR NO. 8: Yes, sir.
THE COURT: The juror seated in Chair No. 9: Was this and is this your verdict?
JUROR NO. 9: Yes, sir.
THE COURT: The juror seated in Chair No. 10: Was this and is this your verdict?
JUROR NO. 10: Yes, sir.
THE COURT: The juror seated in Chair No. 11: Was this and is this your verdict?
JUROR NO. 11: Yes.
THE COURT: The juror seated in Chair No. 12: Was this and is this your verdict?
JUROR NO. 12: Yes, sir.
THE COURT: Members of the jury, you have determined by your verdict that the evidence established the guilt of Timothy McVeigh on these charges beyond a reasonable doubt of crimes for which death is a possible punishment. Whether Mr. McVeigh should be put to death for these crimes is a question to be answered by the jury serving as the conscience of the community. Although Congress has given this responsibility exclusively to the jury, the applicable statute and the Constitution command that you must exercise your discretion by following a specific procedure and give careful and thoughtful consideration to information characterized as "aggravating and mitigating factors" to be presented now in a court hearing that is in a sense an extension or continuation of the trial....