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| S P E C I A L | The Terry Nichols Trial |
Judge sets sentencing guideline for Fortier
May 12, 1998
Fortier
Web posted at: 10:17 p.m. EDT (0217 GMT)OKLAHOMA CITY (CNN) -- A judge Tuesday set sentencing guidelines for Michael Fortier, who will be sentenced later this month in the Oklahoma City bombing case.
Fortier's lawyers had urged that he be released because of the assistance he provided prosecutors.
"Whenever they called, we delivered," attorney Michael McGuire said at a pre-sentencing hearing. "Michael Fortier was the mailman that delivered the evidence against Timothy McVeigh and Terry Nichols."
Fortier's lawyers argued that the 168 deaths in the 1995 bombing should not be considered in his sentencing. Such a move would effectively lower his possible sentence to between 18 months and eight years. He has already served 33 months behind bars.
But U.S. District Judge Thomas Van Bebber rejected that argument and said the deaths of the bombing victims can be considered. The judge set a sentencing guideline of between 14 and 17 1/2 years.
The guideline establishes a standard for Fortier's sentence, though the actual sentence may be lower as a reward for his cooperation.
Fortier, 29, will be sentenced May 27 for failing to warn anyone of the bombing and for lying to FBI agents. He also admitted to hiding evidence and trafficking in firearms that the government says were stolen to finance the 1995 bombing.
Prosecution sought 11-year minimum
In a plea bargain deal, Fortier agreed to testify against McVeigh and Nichols in exchange for a reduced sentence. Without the plea bargain, he could have faced up to 23 years in federal prison.
The Oklahoma City federal building, destroyed in the April 19, 1995 blast The government asked for a sentence of 11 to 14 years.
Assistant prosecutor Sean Connelly said Fortier shouldn't be sentenced as a conspirator, but neither should he be sentenced as "any old gun trafficker."
"He clearly knew Timothy McVeigh intended to kill people," Connelly said. "Michael Fortier did not intend to kill people but he did nothing to stop it."
Fortier, bomb victims in courtroom
Fortier appeared a little nervous as he walked into the courtroom and looked at his family before sitting at the defense table. He exchanged glances with his wife, Lori, and said hello to Joseph Hartzler, who was the prosecutor in McVeigh's case.
About 30 bombing survivors and victims' relatives attended the hearing.
"I think we'd all feel absolutely devastated if Fortier is allowed to walk," said Marsha Kight, whose daughter died in the bombing. "I think he is getting away with a lot of leniency here."
McVeigh was convicted of the bombing and eight counts of murder and was sentenced to death. Nichols was convicted of conspiracy and involuntary manslaughter and is awaiting sentencing.
Correspondent Susan Candiotti contributed to this report.
T H E B O M B I N G / C N N S T O R I E S / L I N K S
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Related stories:
- Prosecutors recommend at least 11 years for Fortier - April 24, 1998
- Fortier apologizes for not stopping Oklahoma City bombing
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- Fortier apologizes for not reporting plot - Dallas Morning News
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