Nichols to stand trial in Oklahoma for role in OKC bombing

? Terry Nichols, the Oklahoma City bombing conspirator who is serving life without parole in federal prison, must stand trial in state court on 160 counts of first-degree murder that could bring the death penalty, a judge ruled Tuesday.

The decision by District Judge Allen McCall essentially means Nichols will be tried again for the April 19, 1995, bombing of the Alfred P. Murrah federal building that killed 168 people and injured hundreds of others.

Paul Howell, whose daughter was killed in the bombing, said he was delighted with the decision: “It’s something that needs to be done.”

Bombing survivor Paul Heath said justice demands a trial.

“There’s no question that justice has not been meted out,” Heath said. “At this point, 160 deaths haven’t been adjudicated.”

Nichols, 48, will be arraigned May 27.

Bombing mastermind Timothy McVeigh was convicted of murder after a federal trial and he was executed in June 2001.

The bespectacled Nichols was convicted in 1997 of federal conspiracy and involuntary manslaughter charges. The jury deadlocked over whether to give him the death penalty for conspiracy, so the sentence fell to the judge who under law could impose no more than life without parole.

The federal manslaughter charges were for the deaths of eight law enforcement officers. The state charges cover all other bombing victims, and the U.S. Supreme Court already has turned down an appeal from Nichols arguing that a state trial amounts to double jeopardy.

Prosecutors say a state conviction is needed to guard against the chance Nichols might someday successfully appeal his federal conviction and gain freedom. They have said they will seek the death penalty.

Legal analysts say a state trial may be hampered by some of the same legal issues that delayed the start of the preliminary hearing for more than three years.

For one thing, prosecutors must overcome defense claims that an impartial jury cannot be found in Oklahoma that will give Nichols a fair trial.