[CR Note: This is an except from an interview with retired FBI Agent, Jon Hersley, that our friend Michelle Gray has done for Crime Rant. Jon was the FBI’s Lead Case Agent for the Oklahoma City bombing. He was responsible for bringing the government’s case against Timothy McVeigh and it was his testimony before the Grand Jury that was instrumental in leading to McVeigh’s indictment. According to Michelle, Jon routinely turns down interview requests from the media and patently refuses to address any conspiracy theories. “It is unheard of to have an FBI Agent, retired or otherwise, and especially one of Jon’s standing, agree to talk to a blogger about any investigation,” Michelle told us, “let alone one as high profile and as important to American history as the Oklahoma City bombing is. In agreeing to speak with me, Jon went beyond his usual boundaries. Some of what he says has never appeared anywhere else before. And he not only discussed his book SIMPLE TRUTHS and the investigation, he also addressed conspiracy theories and conspiracy theorists, explains who John Doe #2 is, comments on the use of insiders in investigations and eye-witness testimony, why Michael Fortier should have spent the rest of his life in prison, what kind of men and women are in the FBI, the glamorization by the entertainment industry and what it takes to be an agent. I hope that readers will come away with an interest in reading the book. I think they will leave being able to put a more human face on the FBI.”]
Guest Interview by Michelle Gray
On April 19, 1995 the people of Oklahoma City fell victim to the worst case of domestic terrorism in United States history, the bombing of the Alfred P. Murrah building.
Around the country we watched in stunned horror as rescue workers feverishly dug through the debris for survivors. Hearts broke as we all bore witness to the most helpless of victims being pulled from the rubble. The broken bodies of children; mere babies were among the dead. And as we watched we all wondered the same thing, “Who could commit such an atrocious, unforgivable act – and why?”
Then the answer came. This mass murder, this mass execution of innocents, was perpetrated by two home grown, military veterans from Middle America whose sole motivation was an irrational deep seated hatred for the United States government. But with Terry Nichols and Timothy McVeigh being too cowardly to speak on their own behalf, and explain their unfathomable actions, some individuals became reluctant to accept the government’s answer as being the truth.
In order to set an accurate record of the investigation and dispel the inaccurate and erroneous information being circulated regarding the bombing of the Murrah building and the subsequent FBI investigation, retired FBI Special Agents Jon Hersley and Larry Tongate teamed up with Bob Burke, a local Oklahoma author, and wrote a book entitled Simple Truths. It is considered to be the definitive book on the investigation into the Oklahoma City bombing. The authors have declined any financial interest in the book, it was strictly a non-profit project, and it is the only accounting told by the two FBI agents who were the closest to the investigation. The two individuals who were assigned as the lead case agents responsible for bringing the government’s case against Terry Nichols and Timothy McVeigh, and who worked the case from start to finish.
I recently had the opportunity to speak with Jon Hersley about the book, the investigation, conspiracy theorists and law enforcement in general. Jon’s position within the investigation was as the Lead Case Agent, responsible for the United States government’s case against Timothy McVeigh. Agent Hersley was involved in the investigation for its entire duration, from beginning to end, and it was his testimony before the Grand Jury that was instrumental in leading to McVeigh’s indictment.
It is my hope that you, the reader, will take from this interview a renewed interest in what was the largest criminal investigation ever conducted in American history. A desire to read Simple Truths and find out what the individuals who actually investigated the Oklahoma City bombing have to say, even if all you do is borrow the book from your local library. And, I also hope that you will leave being able to put a more human face on the FBI, and the individuals who work tirelessly to investigate, and solve, the crimes you read about every day.
Michelle Gray: What happened?
Jon Hersley: It had been a clear day, you could see all the way down to the Oklahoma City area from the windows of our building. I was on the drug squad in Oklahoma City at the time. I was actually in the FBI office up on the 16th floor, where my squad was, when the bomb exploded.
Our building was probably four or five miles from downtown Oklahoma City and I remember hearing this sound, this tremendous noise. I went and looked out the window and saw this tremendous cloud of dark, black smoke coming from the downtown Oklahoma City area. Of course, we didn’t know it was a bomb then. We didn’t know what had happened. I remember, we were talking in the office that there must have been a gas explosion or something. But then it was just a matter of minutes before we started hearing on the news that something terrible had happened in downtown Oklahoma City, and that the Alfred P. Murrah Building had blown-up down there.
Once we found out what happened we knew we were going to have an investigation that we were going to have to coordinate. We knew we were going to have people and supplies coming in from out of state, responders and rescuers, and such. I was initially tasked with staying at the office to begin coordinating everything, so it was about two days before I went down to the building site.
When I got down to Oklahoma City my first reaction was that it looked like a war zone. I was very upset and angry that someone did this. I thought, “Who could do such a thing?” It was just terrible. There was debris all over the place, the whole façade of the Murrah Building was blown off, and the buildings around the Murrah Building were also seriously damaged. Windows were blown out all over, and the structural parts of those buildings were all damaged. It was horrible, just horrible. I remember thinking, you know, “this is not the Middle East, what is going on here? What happened here?”
Michelle Gray: Is it true that as a result of the investigation Michael and Lori Fortier were discovered to have had prior knowledge that Timothy McVeigh was not only going to blow up the Murrah Building specifically, but also on what day it was going to occur and exactly how he was going to do it, all the way down to the rental of the truck and use of fertilizer and fuel?
Jon Hersley: McVeigh had described in detail, to the Fortiers, what he was going to do and how he was going to do it. He told them that he was going to use a Ryder truck, that he had acquired the bomb components and described to them how he was going to configure the bomb making materials in the back of the Ryder truck.
He had pointed the Murrah Building out to Michael Fortier in mid-December, and told him that it was the building he was going to blow-up. After McVeigh had pulled off the highway and pointed the building out to Fortier, they discussed the best place for McVeigh to leave his car so he could get away quickly.
Michelle Gray: Did either Michael or Lori Fortier make any attempt to stop the bombing?
Jon Hersley: No, they did not make any attempt to stop it from taking place.
The Fortiers say that they didn’t think that McVeigh would actually go through with it. But he had acquired all of the bomb components, he had picked out the building he was going to blow-up, he picked out the type of vehicle he was going to use. He had everything. And he was trying to get Michael Fortier to help him. However, Fortier would not help him so to me that puts Fortier in a little bit of a different light than Terry Nichols.
So yes, you have to surmise, and I have no doubt, that the Fortiers knew exactly what McVeigh was going to do. And they could have stopped the whole thing with a phone call, and they didn’t. It could have been an anonymous phone call.
Michelle Gray: Do you think that Michel Fortier should have gotten life in prison?
Jon Hersley: Well, you know, I have to go by what the laws in our country are. And I think that those laws were followed and Fortier was sentenced accordingly. But, do I think he deserves life in prison for what he did, and what he didn’t do? Yes, I do.
Michelle Gray: What about Lori Fortier? Is she an innocent bystander?
Jon Hersley: Well, you can’t really say that someone is an innocent bystander if they’ve been told everything that is going to happen, and they do nothing to try to stop it, can you? But as part of the deal with Michael Fortier, we agreed not to prosecute Lori.
Michelle Gray: What was Michael Fortier convicted of?
Jon Hersley: Primarily weapons charges. He helped McVeigh transport weapons from Kansas to Kingman, Arizona, to help put money back in the coffer that Nichols used. I don’t know that Fortier knew exactly what all that was going to be used for, but he helped. So, he was convicted of weapons charges.
We didn’t have enough evidence to convict him of the bombing, absent the things coming out of his own mouth.
I think it’s important to understand that in a case of this magnitude you need an insider, and you need an insider for two reasons. One is you need the insider testifying in the courtroom, so the jury will have confidence in their verdict. And, I think you also need an insider for the sake of the public, so that the public will have confidence in the investigation and the outcome of the trials.
In cases of this magnitude, sometimes you have to make a deal with the Devil. That’s what we did. We needed an insider in the case, and Michael Fortier was that insider. Was it pleasant making a deal with Michael Fortier? Absolutely not, but I would still make the same decision today.
I will also say this, once Michael Fortier made the agreement with us, and agreed to testify, he definitely lived up to his end of the bargain. He did, I think, as good a job as he could have done testifying. And, I do think he regretted the fact that he had not picked up the phone and made a call. Now he has to live the rest of his life knowing that he could have stopped it all.
[CR Note: Read more of Michelle's interview here.]