Timothy McVeigh's lawyers asked a judge on Friday for access to any classified intelligence reports that might implicate others in the bombing of the Oklahoma City federal building.
The lawyers claimed they had a right to even classified information gathered by the Central Intelligence Agency and the National Security Agency, in order to prepare the defense of McVeigh and fellow bombing suspect Terry Nichols.McVeigh's lawyers also released a letter from the prosecution that appeared to damage McVeigh and help Nichols, arguing that it only shows how selective prosecutors are being in turning evidence over to the defense.
In the Feb. 22 letter summarizing interviews with Michael and Lori Fortier of Kingman, Ariz., Special Assistant U.S. Attorney Joseph M. Hartzler said Ms. Fortier told them McVeigh became upset in early 1995 because Terry Nichols "did not want to mix the bomb."
McVeigh and Nichols face federal murder and conspiracy charges in the April 19 bombing of the Alfred P. Murrah Federal Building that killed 169 people and injured more than 500. If convicted, each faces the death penalty.
The Fortiers also testified before a grand jury after striking deals with prosecutors.
"Lori Fortier testified that McVeigh was upset in early 1995 because Nichols wanted out and did not want to mix the bomb,' Hartzler wrote. "She stated that Nichols called during the first two weeks of April inquiring about a VCR that McVeigh was obtaining for him.
"Michael Fortier testified that McVeigh solicited his assistance in the bombing in early 1995 because Nichols was expressing reluctance," the letter said. "Mr. Fortier admitted to having initially lied to the authorities."
McVeigh's lawyers said they want more than the letter - they want copies of interviews with the witnesses in order to challenge the Fortiers' testimony and possibly discover comments that might be exculpatory.
Prosecutors maintain that under federal law, they do not have to provide the evidence until after witnesses testify at the trial.
The trial was moved to Denver after a judge ruled that intense media coverage had tainted Oklahoma's jury pool. No trial date has been set.