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Thursday, January 19, 2006

A Good Thing? Oklahoma City Conspirator to be Released

When I first heard that Michael Fortier was to be freed from prison I was angry. The 1993 attack on the Murrah Federal Building in Oklahoma City was a horrific act of domestic terrorism. Women and children were among the hundreds killed that April in 1993 and I wanted harsh punishment for anyone involved in this anti-American behavior.
During the Oklahoma City investigation and trial I wanted everyone to get lifetime imprisonment, hopeful that it would deterfuture right wing wakos. This included people like Michael Fortier who were not indirectly involved in the bombing but shared the ideology. I did not get my wish.

OKLAHOMA CITY -- Michael Fortier was sentenced to 12 years and ordered to pay $200,000 US in fines after pleading to having prior knowledge of the bombing plan but not alerting authorities, to helping move and sell stolen guns, and to lying to federal authorities

Yesterday, though I saw the end of the Abrams Report on MSNBC and heard him making a very good point about the impending release. He argued that it was actually very good that Fortier was being let go at this time. First, Dan Abrams talked about why he should have been punished for his involvement.

Fortier admitted that McVeigh told him about the plot to bomb the Murrah Building before it happened. He says he didn't think McVeigh would actually do it and there is nothing to suggest he helped them carry out the plot in any way. But nevertheless he deserved to be punished. But unlike most criminals who cut deals, the feds had almost nothing on him when he turned, possibly a gun charge. He was called as a witness before the grand jury and rather than cover his behind like most, he came clean and told the authorities he would cooperate in any way he could. That included incriminating himself by admitting that he was told about the plot.
The he explained that without this eventual admission by Fortier prosecution of McVeigh and Nichols may not have been possible. Abrams agued that the release of Fortier would encourage others in a similar position to expose serious crimes, realizing that the risk of punishment would be tempered by the promise of eventual freedom.
Under the law, his failure to report what he knew is a crime, but we need to encourage people like Fortier to come forward and come clean. His testimony was crucial. He told the back-story that made the other evidence, receipts, sightings, et cetera, come together. Without him it would have been far more difficult to get convictions of both McVeigh and Nichols. We always talk about using the justice system to send a message to criminals to let them know they will be punished for their crimes.
Then we also need to send an equally important message to lesser offenders that they will get some benefit for testifying against their friends. Fortier will now emerge from prison a targeted man. He's given up everything because his buddies were evil, and now he's served more time than many of the prosecutors on this case ever wanted. The victims' families appear divided. I understand the anger of those who say he should remain behind bars because he could have prevented it from happening
.

I am not a regular viewer of Dan Abrams show and may not find myself agreeing with him again anytime soon. But this type of argument needed to be made. We see so much abuse of the criminal justice system with white collar criminals getting slaps on the wrists while drug offenders rot behind bars. It good to recognize when leniency can be used to a positive end and take notice when the Justice system administers a fair penalty based on the public good.

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