IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA THE STATE OF OKLAHOMA, Plaintii o) A Case No, TERRY LYNN NICHOLS, Defendant. AEFIDAVIT QF 1, Ricardo Ojeda, age do math, stare as follows: I was employed by the Federal Bureau of Investigation as a special agent ri-om ed to November 5, 1989 until approximately November 8, 1999. I was i1SSiglJ Durant, Oklahoma. My azromey has aceepted service of asubpoenato attend a. hearing on May 23, 2001, in Oklahoma City in this matter, hut I have a trial commitment on that date in Texas and am nu: able to attend. I am' submitting this aiidavfit in lieu of providing testimony at that hearing. In the course efmy duties as a Special Agent for the FBI, was trained to investigate crimes and interview witnesses, When interviewing a witness, we would not :ape record me interview hui would take notes. It was standard FBI procedure to use fhe notes to prepare a report: -- either a "302" or an "insert" When preparing a 302, we were trained to be careful in what we put into the report sirice in was likely to be turned over to the defense in diisoovery. Indeed., the 3025 were prepared in anticipaiion that theymight used as evidence in the course of a legal proceeding. The second. kind of report, which we-would prepare wasfcalied Inserts were similar to 302s except that they were usually prepared when the -agent did not expect the wimess or information to be used at trial. Whenever an agent interviewed a potential witness, a report concerning die interview was to be dictated within either tive (5) or seven (7) working days so that the interview were still fresh in the agenfs memory when the report was prepared. In every mzerview, an agent was required prepare a report to document the substance ofthe interview. i In myposltion as a Special Agentl assisted in the investigation ofthe bombing of the Alfred P. l\/lurrnh Building in Oklahoma City. [was first assigned to follow up leads in Oklahoma City on the day of the bombing, April 19, 1995. During the nerr several weeks, I was gli/en lead sheets which required me to contact and then interview persons with information regarding the Oldahoma City bombing. After following up on ?11S8d, we would write a synopsis of the information we had obtained on the boi-rom half of the 1esd.sl1eet, The lead supervisors would review our report and then determine the need tor any f'ol]ow~ up investigation. Pursuant to standard FBI policy, it was the investigating responsibility to do a 302 or an insert based upon his or her investigation. An agent was to generate a 302 or insert on completion ofauy lead, whether the lead was helpful or not. The lead sheet would then be placed in the logbooks and were used to ld often track the 302s. Infomation that was no; going to be helpful an court vlou be summarizeal in an inse court. 11, which we knew was, generally not dxscoverable in Alter completing our 3025 or inserts, we would submit that report as well as our th OKBOMB Command; Center The notes were Included ui a IA notes to envelope. ln several instances, I was asked to resubmit 3025 because the th hverotryto Command Center could not locate my orrgmal report. I would en a from memory what had been in my original report. I am aware that a 5 number of other agents who worked on the OKBOMB case also encountered problems with missing or lost 3025. hovln a list often 3025 that have been provided to the defense in the I have een state prosecution o.f`Ten3f Nichols for which I was lisied as the agent hich have prepezing the report. I have also been shown two other reports eden ted I am confident tharl was the author of one 0fYl'l05G two 3025 and I . believe was the author of time second 302, altlmugh it has been redaoted so I km that! much that I cannot be completely Sure ther it is my report. eompleted other 3025 inet are not on that list or that I have been shown. The FBI also which were reports coniaining infurmation that the FBI would not. generally want defense and which were kept separatefrom a specific casefile. These ileswere kept internally within the Bureau werennot r1m1edoverto`1he'proiseciztion ofthe ?etense. Files would be assigned numbers based on the type of offense or investigation I for example a bank robbery would be assigned a particular number. A we letter A after that number would mean hi glxesi importance. A zero after that - 1; number -would mezmfbat she report should go into the 2510 xle. Despite being nominetecl for Federal Law Enforcement Ofllcer of the Year in work as an l998, I was unjustly iermmaned oy the 111 1999 ecause my 7 ts who tiled EEO complaints Although EEO counselor and my support Lor agen there are ,many very _good FBI agents, there are .also FBI aaents mcludmg same subven the a Guy bombmg case, who are wx mg 0 who woiked on the Oida om truth in order to protect fellow agents. sw to before me this mu vin 3,11 sq 9 bl NOTAHY auauc 5 sure or= TEXAS 3 comm. exp. 12~1o~2ooa - - Riczucio Ojeda ofMay, 2001