Terry Nichols is facing trial in Oklahoma for the civilian deaths caused by the bombing of the Oklahoma City Federal Building. If convicted, he faces the death penalty.

The federal trial was justly moved from Oklahoma to Denver as one hardly could expect to empanel a fair jury in Oklahoma. Nichols was tried for the killing of 8 federal workers and for the bombing. He had a separate trial from McVeigh. McVeigh proceeded to trial first. McVeigh received the death penalty. Nichols, whose lawyers successfully presented him as an aider and abettor, and who, like Moussaoui, was not present at the time of the bombing, ended up with a life sentence.

Not satisfied with the life sentence, the DA in Oklahoma City had Nichols indicted in state court in Oklahoma. He is charged with killing the non-federal workers and facing the death penalty. His case has been delayed many times.

Today the Judge was supposed to once again set a preliminary hearing. Instead, he imposed another delay.

Seems that the folks in Oklahoma want Nichols tried again, but they don't want to pay for it. His court-appointed lawyer has not been paid in over 11 months, hasn't made a house payment in four months, and his staff has deserted him.

The judge told lawyer Brian Hermanson to take it up with the Oklahoma Supreme Court and the county court fund, and then scheduled an Aug. 23 hearing at which he will decide whether to set a preliminary hearing or not.

Nichols is facing the death penalty in a state court. He is an American citizen. Why is Oklahoma refusing to pay for a lawyer for him?

To re-try Nichols after a federal jury has found him guilty and after he has been sentenced to life without, seems like vengence to us. What is the point? The man will come out of prison in a box either way. Under no scenario will he see freedom again, return to a normal life or be in a position to hurt someone.

Our criminal justice system is not about vengence. Or even retribution. The acceptable purposes in deciding on a sentence are: rehabilitation, punishment and deterrence. Life in prison is tough enough and certainly no picnic. It does not speak well of Oklahoma officials, or of Oklahomans themselves, to countenance such a revengeful re-trial.

Terry Nichols is indigent. He cannot afford a lawyer. If he is facing criminal charges, he must be provided one at the state's expense. If Oklahomans don't want to pay for a defense for Nichols, they have but one option: Stop the quest for revenge and dismiss the case so Nichols can continue serving his life sentence in the ultra-max security prison in Florence, CO. If they aren't willing to do that, then they should pay up--providing adequate lawyers' fees and fees for experts and whatever else Nichols' lawyers need to effectively present a defense.

The Government spent 82 million dollars investigating and prosecuting McVeigh and Nichols in federal court. The defense spent a small percentage of that amount.

Oklahoma will have a big black eye if they try to send this man to the death house without adequately compensating his lawyers. But then they already have one in our view for inisisting on a state re-trial out of a vengeful desire to see Nichols dead.