2002-09-17
By Tim Talley
Associated Press Writer

Bombing conspirator Terry Nichols' attorney has not provided enough information to determine whether his fees for defending Nichols are reasonable, Attorney General Drew Edmondson said Tuesday.

Edmondson, in a brief to the Oklahoma Supreme Court, said Ponca City attorney Brian Hermanson is entitled to "just compensation" for defending Nichols but should not receive the same fees and terms in a contract that was previously voided by the high court.

Hermanson has asked the Supreme Court to authorize more money to defend Nichols, who is charged with 160 counts of first-degree murder for the April 1995 Oklahoma City bombing.

Hermanson wants the Oklahoma County Court Fund Board, which has already paid about $1.7 million for Nichols' defense, to pay additional legal expenses including one year's worth of unpaid legal bills.

But Edmondson said state law requires that claims filed by court-appointed attorneys such as Hermanson "contain sufficient information upon which payment can be made."

"The claims presented by Mr. Hermanson provide little or no information about the work performed by defense counsel," said the brief prepared by Senior Assistant Attorney General Sandra D. Howard.

"Without more information, a determination of reasonableness cannot be made," it said.

Edmondson said the county's presiding administrative judge, Daniel L. Owens, is reviewing Hermanson's pending claims and has calculated an hourly rate of $116 an hour for work and expenses incurred after July 2, less than the rate under the voided contract.

Edmondson said Hermanson is asking for more than is required by state law, including monthly review and prompt payment of his legal bills.

"There is no requirement that claims be reviewed monthly," Edmondson said. Owens has said he plans to review bills on a quarterly basis.

In addition, Owens is prohibited from paying claims without the Supreme Court's approval, the attorney general said.

The presiding judge in Nichols' case, District Judge Ray Dean Linder of Alva, has halted further proceedings until the Supreme Court clarifies when and how Nichols' legal bills will be paid.

The Supreme Court will hear oral arguments on Tuesday.

Nichols, 47, faces the possibility of a death sentence if he is convicted of first-degree murder in the bombing of the Alfred P. Murrah Federal Building, which killed 168 people.

Nichols is already serving a life sentence on federal convictions of conspiracy and involuntary manslaughter involving the deaths of eight federal law enforcement officers in the bombing.