Terry Nichols' attorney seeks dismissal of bombing case over funding issue

<br>(Oklahoma City-AP) -- Terry Nichols' attorney says the state can't afford to try the bombing conspirator for murder and the case should be dismissed. <br><br>Defense attorney Brian Hermanson

Tuesday, May 27th 2003, 12:00 am

By: News On 6

(Oklahoma City-AP) -- Terry Nichols' attorney says the state can't afford to try the bombing conspirator for murder and the case should be dismissed.

Defense attorney Brian Hermanson asked a state Supreme Court referee Tuesday to dismiss 162 state murder charges against Nichols.

Hermanson says delays in payment of Nichols' legal fees jeopardize his right to a fair trial. He says the problem could become worse as the state struggles to make ends meet during a budget shortfall.

Nichols' legal team has been paid about $2.5-million.

The high court is expected to decide the funding issue in the next few weeks.

Nichols was bound over for trial earlier this month following a preliminary hearing. Prosecutors are seeking the death penalty.

He is already serving a life prison sentence on federal bombing convictions.