If Terry Nichols was Black he probably would be put to death:

Oklahoma Bomber Spared Death Penalty
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 For the second time in six years, the Oklahoma City bombing conspirator somehow managed to hang up his jury over the issue of what punishment he deserves for helping kill 168 people at the Alfred P. Murrah federal building on April 19, 1995. [more] Pictured above Convicted Oklahoma City bombing conspirator Terry Nichols, is led into the Pittsburg County Courthouse in McAlester, Okla.  

An Unequal Administration of Justice

•  African Americans are disproportionately represented among people condemned to death in the USA.  While they make up 12 per cent of the national population, they account for more than 40 per cent of the country's current death row inmates. [more]
  
• Blacks are 22 times more likely to be put to death when the victim is white. [more]
  
• Whites are executed only 12% of the time when the victim is Black. [more]
  
• At least one in five of the African Americans executed since 1977 had been convicted by all-white juries. [more]
  
• Only 1% of theprosecutors making the key decision about whether death will be sought in a particular case are black and only 1% are Hispanic. The remaining 97.5% are white, and almost all of them are male. [more]