The state of Oklahoma, in the midst of a death penalty prosecution against federally convicted OKC bombing defendant Terry Nichols, has sent a memo to Ashcroft warning him that the Justice Department's lack of cooperation in the case may result in it dismissing the charges against Nichols.

Oklahoma prosecutors have warned U.S. Attorney General John Ashcroft that lack of federal cooperation could lead to the dismissal of state murder charges against Oklahoma City bombing conspirator Terry Nichols. In a letter to Ashcroft released on Friday, Oklahoma County District Attorney Wes Lane says an Oklahoma judge may dismiss the case against Nichols because his defense team has not been allowed to depose federal government witnesses.

"The unwillingness of the federal government has brought this case to the brink of dismissal," Lane says in the letter. "There has been NO progress."

Nichols is serving a life sentence imposed for his federal court conviction. His jury considered but declined to impose the death penalty. His federal trial included charges of murder against federal officials killed in the 1995 blast. The state charges are for murder of the remaining victims.