The 10th Circuit Court of Appeals has reversed a judge's ruling that allowed a Salt Lake attorney to take depositions of Oklahoma City bombing conspirator Terry Nichols and a death-row inmate.
The ruling, issued Thursday, states attorney Jesse Trentadue cannot take video depositions of Nichols and convicted killer David Paul Hammer about the death of Trentadue's brother and an underlying conspiracy regarding the bombing itself.
Jesse Trentadue believes his brother, Kenny Trentadue, was tortured and killed by federal officials while in custody after being mistaken for an associate of bombing conspirator Timothy McVeigh. Kenny Trentadue, a convicted bank robber, was in custody for a parole violation at the time.
According to a previous statement given by Nichols, Nichols claims a high-ranking FBI official was in contact with McVeigh and may have directed the bombing plot as a way to draw other anti-government people out. Hammer has claimed that after being housed together in prison, McVeigh told him that he had acted as an undercover military operative.
In its ruling, the 10th Circuit stated that it appeared neither Nichols, nor Hammer, had any direct information relevant to Jesse Trentadue's Freedom of Information Act request.
Thursday's ruling reverses an order by U.S. District Judge Dale Kimball, who found Trentadue could conduct new depositions of the inmates.
The FBI has denied Jesse Trentadue's claims regarding his brother and has denied any involvement in the Oklahoma City bombing, which took the lives of 168 people.
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