|
||||
|
Feb
1, 2004 |
||||
|
The Fairfax County, Va., home of John
Culbertson – once a member of former U.S. Rep. James Traficant's
scandal-plagued congressional office – was raided Friday afternoon by
Oklahoma City police detectives searching for evidence related to the 1995
Oklahoma City bombing. |
||||
|
A copy of the search warrant obtained by the McCurtain
Daily Gazette described the evidence sought by detectives as including
any and all computer equipment, letters, correspondence, electronic mail and
image files. |
||||
|
The raid was
prompted after a Jan. 27 “in-camera hearing” attended by prosecutors and
defense attorneys involved with the Terry Nichols murder trial, set to begin
in McAlester one month from today. |
||||
|
Information seeking the warrant indicates
that during the closed-door meeting with District Judge Steven Taylor, it was
brought to the attention of prosecutors that Culbertson could have critical
evidence of the bombing crime – evidence that had not come to the attention
of state or federal prosecutors. |
||||
|
According to the affidavit filed with the
search warrant, Nichols' defense attorneys filed a motion under seal
with the court and further advised prosecutors that Culbertson “may have
possession of a video and/or still photographs of a Ryder truck parked in
front of the Alfred P. Murrah building before the explosion and during the
explosion.” |
||||
|
The motion
presented by defense attorneys stated that Dallas, Texas, attorney Thomas W.
Mills Jr. observed and described a video and still photos that Culbertson
showed him. |
||||
|
The affidavit also indicates that Nichols'
defense attorneys said they attempted to contact Culbertson and that he was
not cooperative in showing them the possible evidence. |
||||
|
Following up on a recommendation by Judge
Taylor to conduct an investigation into the matter, next Oklahoma City police
detective Mark R. Easley the next day traveled to Dallas for an interview
with Mills at his law office. |
||||
|
Mills
advised that years ago he had gone to Washington, D.C. to meet with
Culbertson and actually viewed the video on Aug. 26, 1998. |
||||
|
Mills specifically told police detectives
that he saw a portion of a video and possibly three still pictures that were
stored on Culbertson's laptop computer. |
||||
|
In an affidavit obtained by this newspaper,
Detective Easley said Mills told him the images he was shown included the
Murrah building in “pristine condition.” |
||||
|
Mills then said, “Mr. Culbertson pushed a
button and a second photograph came up with a small glow at the bottom of the
building. Mr. Culbertson pushed another button and another frame appeared of
a ball of fire rising from the building and the building fell. |
||||
|
“Mr. Mills asked where the video and pictures
came from (and) Mr. Culbertson said it came from an ATF agent.” |
||||
|
In the
motion filed by Nichols' defense earlier, attorney Mark Earnest explained
that he interviewed both Mills and Culbertson about the potential evidence.
He said Culbertson told him his request for a copy of the video and
photographs “placed Culbertson in a tight spot.” |
||||
|
When contacted by telephone late last week,
Culbertson told an Oklahoma City police detective that he had turned over a
copy of the evidence to the House Judiciary Committee several years ago.
Asked if he still had a copy of the material, Culbertson was described as
evasive – refusing to divulge that information. |
||||
|
Appearing July 27, 2000, before the Committee
on the Judiciary of the House of Representatives, the record shows that
Culbertson alluded to the subject of the possible existence of a videotape of
the bomb blast in Oklahoma City. |
||||
|
Speaking as the director of the Center for
Reform in Washington, D.C., Culbertson told members of the committee: |
||||
|
“ With respect to the statements made by
the Department of Justice that there are no photos or videos of the
explosions of the Murrah Building, we have discovered that some indeed exist
and are known to members of the law enforcement community. |
||||
|
“We have a short video presentation with a
federal police officer describing a surveillance tape he personally witnessed
at a gathering of law enforcement officers and comparing it to similar photos
we have obtained in the Oklahoma City investigation, which will be presented
after this opening statement, with your consent, Mr. Chairman. It is about 2
minutes long. |
||||
|
“This is a
video taken April 13 of this year. It is a Federal police officer describing
a surveillance tape from Oklahoma City he personally witnessed and comparing
it to other photos we have uncovered." |
||||
|
During his appearance before the House
Committee, Culbertson filed an affidavit containing statements he says were
made by a federal agent who, Culbertson claimed, told him he was present at a
training seminar after the bombing when this remarkable videotape was alleged
to have been shown to several federal agents. |
||||
|
The statement included in the official record
of the hearing is as follows: |
||||
|
“ The Federal Police Officer described
two distinct explosions the locations of which are consistent with evidence
uncovered in the course of investigating the attack on the Murrah Federal
Building. The Federal Police Officer also stated that the photos and video
frames recovered as described above are consistent with the surveillance
video that he witnessed in the training seminar. The officer's statement as
well as photos obtained in the investigation is contained in this document.” |
||||
|
Culbertson went on to testify, “The
Department of Justice has deprived the public of this important information
as well as the courts in various jurisdictions charged with trying cases
related to the bombing. This act is nothing short of callous and malicious
obstruction of justice in what many might consider one of the most important
cases of the Twentieth Century.” |
||||
|
However, under direct examination by a member
of the committee, Culbertson admitted that he did not have possession of the
film. |
||||
|
The transcript of the hearing contains this
exchange between Culbertson and Rep. Jerrold Nadler of New York: |
||||
|
Mr.
NADLER . Have you seen it? |
||||
|
Mr. CULBERTSON . I actually conducted the interview in Mr.
Traficant's office. |
||||
|
Mr. NADLER . Have you seen the tape, I asked. |
||||
|
Mr.
CULBERTSON. The surveillance tape? |
||||
|
Mr.
NADLER. No. You have not seen the surveillance tape. Do you have it with
you today? |
||||
|
Mr. CULBERTSON . The videotape? |
||||
|
Mr.
NADLER . No, the surveillance tape. |
||||
|
Mr.
CULBERTSON . No. |
||||
|
Mr.
NADLER . So this is a tape of an officer talking about a different tape
that we cannot see? |
||||
|
Mr. CULBERTSON . We are attempting to get this tape. This
is a tape of a police officer describing what he saw and comparing it to
photographs and videotape frames that we have in our possession. There are
more than one series of surveillance. |
||||
|
On July 30, 2002, a federal judge sentenced
Culbertson's boss, James Traficant, to eight years in prison and fined him
$150,000 after a jury found the Ohio Democrat guilty on 10 counts of bribery,
racketeering and tax evasion. |
||||
|
The guilty verdict led the House to strip
Traficant of his seat, making him only the second member of Congress kicked
out since the Civil War. |
||||
|
Culbertson
remained on the former congressman's office staff for a short time until
elections could be held to fill the vacancy. |
||||
|
An inventory of the items removed from the Culbertson residence
has not been made public. So whether the evidence sought was located during
Friday's raid will have to remain a mystery a little longer. |
||||