Nichols’ ex-wife will reluctantly testify in Okla. bombing trial

Erica D. Johnson

Monday, April 28, 2003 | 9:40 a.m.

A Clark County judge on Friday issued an order for the ex-wife of convicted Oklahoma City bombing conspirator Terry Nichols that will guarantee her testimony in his state court proceedings.

District Judge Gene Porter signed the order securing Lana Padilla's testimony as a material witness in Nichols' May 5 preliminary hearing, after an Oklahoma City judge issued an out-of-state subpoena.

Nichols was sentenced to life without parole in 1997 in a federal court for his part in the April 1995 bombing of the Murrah Federal Building in Oklahoma City, where 168 were killed and hundreds more were injured. Padilla also testified in that trial.

But while Padilla did not contest the court order, she is not eager to help prosecutors convict her former husband, her attorney, Laura Fitzsimmons, said.

"The only purpose of her testimony is to secure the execution of the father of her son," she said. "He was a good father. The sole reason (of the order) is to kill him and she doesn't want to be a part of that."

Padilla is concerned about how the court proceedings will affect the welfare of her son, Josh Nichols, who has "had a very difficult time" dealing with the aftermath of the bombing, Fitzsimmons said.

"(Padilla) doesn't want any further damage to her son," she said. "She wants their life back. She wants this all to be behind the family so her son can start dealing with the problems this has caused."

Josh Nichols, 20, did not testify during his father's federal trial and has not been called to testify during the preliminary hearing, Fitzsimmons said.

The younger Nichols has had numerous run-ins with Las Vegas police in the years since his father's conviction.

After having been arrested on reckless driving and robbery charges, he was convicted on a theft charge in March after he stole a scooter from a convenience store. He was sentenced to probation in that case.

Porter arranged for Oklahoma City officials to meet Padilla at the airport and transport her to and from her lodging after Padilla said she was concerned for her safety in Oklahoma City.

She fears being hounded by the media and by family members of victims who died in the bombing, Fitzsimmons said.

Clark County prosecutor Owen Porterfield, who attended the hearing, said most people who are called to testify in out-of-state trials don't contest the order unless the travel presents unusual hardship.

"Ms. Padilla was very cooperative and very pleasant," he said. "It's a tragically unusual situation but the procedure itself was pretty routine."