OKLAHOMA CITY - A state appeals court ruled Friday that the district attorney in Oklahoma City cannot take part in the prosecution of bombing defendant Terry Nichols on murder charges, but his office can.
In October, a judge ordered District Attorney Bob Macy and his assistants off the case because of public comments by Macy that were deemed a ''blatant violation of the rules of professional conduct.''
But the state Court of Criminal Appeals said the judge could not bar Macy's underlings from trying the case because the improper remarks involved mainly Macy, not his staff.
''Disqualification of an entire office cannot be based upon speculation,'' the court said.
Macy did not immediately return calls for comment.
Nichols, 45, is charged with murder in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building that killed 168 people. Macy brought the state charges after Nichols was convicted in federal court but escaped the death penalty.
Among other things, Macy told CBS in April: ''I've sent several people to death row for killing one person. I certainly feel that death would be the appropriate punishment for killing 19 babies.'' Nineteen children were among the bombing victims.
The defense argued that Macy's remarks could prevent Nichols from getting a fair trial. Macy contended there was no evidence they would affect the jury's fact-finding process.
A federal jury in Denver found Nichols guilty of manslaughter and conspiracy in the bombing. He was sentenced to life in prison.
Timothy McVeigh was convicted separately of murder and weapons offenses and was sentenced to death.
