- The Washington Times - Wednesday, February 27, 2002

A former deputy U.S. marshal who helped supervise the jury in the 1997 trial of Oklahoma City bomber Timothy McVeigh was indicted yesterday on charges of lying about an intimate relationship with one of the alternate jurors.
The two-count grand jury indictment, handed up in U.S. District Court in Denver, accused Benny Bailey of making false statements to his supervisors when he denied having an intimate relationship with the alternate juror and of committing perjury when he lied under oath during a court hearing about his contacts with the juror.
If convicted, Mr. Bailey, who lives in Denver, faces up to five years in prison on each count and a fine of $250,000. He was responsible for taking jurors to and from the courthouse during the McVeigh trial.
The indictment, announced by Justice Department officials in Washington, said Mr. Bailey became involved in an intimate relationship with the alternate juror after the McVeigh trial concluded in June 1997. The juror was not identified in the indictment.
But according to the indictment, the court and defense counsel for McVeigh first received anonymous facsimiles in 1998 accusing Mr. Bailey and the alternate juror of having an intimate relationship during the trial and saying that Mr. Bailey attempted to influence the outcome of the trial by persuading the juror of McVeigh's guilt.
An investigation into the accusations was ordered by U.S. District Judge Richard Matsch, who presided over the McVeigh trial. Later, the Justice Department's Office of the Inspector General found no evidence of improper contacts with the McVeigh juror during either the trial or jury deliberations.
The juror did not deliberate or participate in the verdict. The results of the investigation were provided to the court, as well as to McVeigh and his counsel.
Prior to McVeigh's execution, Judge Matsch ruled there was no grounds for concluding that the verdict in the McVeigh case had been improperly influenced or affected.

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