Prosecutors allege that the Ryder truck was the one that delivered the bomb that destroyed the federal building on April 19, 1995, killing 168 people. They say the smaller truck seen by Richard Wall matched the description of one owned by Nichols.
"To my thought, it was just out of place," said Wall, who was fishing with his son at Geary Lake on April 18 of that year. "I thought maybe some criminal activity may be going on."
Wall, then an Army sergeant stationed at nearby Fort Riley, testified that he saw no activity around the trucks and that the pickup parked alongside the Ryder truck was blue or brown and had a camper shell over the bed.
Nichols, 49, is serving a life sentence for federal convictions in the bombing and deaths of eight federal law enforcement officers. The state murder charges are for the other 160 victims and one victim's fetus. Prosecutors are seeking the death penalty.
Nichols' attorneys earlier this week asked the judge to dismiss the case because, they say, documents indicate others helped executed bomber Timothy McVeigh (search) in the bomb plot and that McVeigh "manipulated Mr. Nichols to take the blame."
Judge Steven Taylor has yet to rule on that motion.