Judge asked to block deposition in Salt Lake City FOIA Case

By Laura DeJoseph

© Associated Press 2004 (Photo by Donna McWilliam)
Photo of Terry Nichols.

According to First Amendment Center, the Federal Bureau of Investigations requested the 10th Circuit Federal Appeals Court stop a request to videotape Oklahoma City bombing conspirator, Terry Nichols, as well as inmate and death row acquaintance of of Timothy McVeigh, David Paul Hammer for a deposition in court.

The request comes from Jesse Trentadue, brother of Kenneth Trentadue, who died in an Oklahoma City prison. Trentadue is trying to find evidence to explain his brother’s death. The brother’s death was ruled a suicide by hanging, but his body was covered in over 40 injuries and bruises after an interrogation where Trentadue believes his brother was mistaken for an associate of McVeigh.

Trentadue hopes that by questioning Nichols and Hammer he will be able to find out about FBI documents that he may then request and be given more answers about his brother’s death.
US District Judge Dale A. Kimball granted access in the

State Freedom of Information Act request this week. Judge Kimball’s only condition was that the two inmates were willing to cooperate with Trentadue, which they are.

US Attorneys disagree with the decision to allow the deposition, saying that FOIA laws cover documents, not necessarily people.

On November 4, US Attorneys requested that the 10th U.S. Circuit Court of Appeals consider the case.