Tags: McVeigh | Wants | Execution | Delayed

McVeigh Wants Execution Delayed

Thursday, 31 May 2001 12:00 AM

During a two-hour meeting at the federal prison, McVeigh gave attorneys Rob Nigh of Tulsa, Okla., and Richard Burr of Houston permission to file a motion for a stay of execution with U.S. District Judge Richard Matsch in Denver, who presided in his original trial.

Nigh said the decision was not easy for McVeigh because he was "prepared to die and he was ready to die on May 16, 2001," his original execution date. The condemned mass killer had indicated that he preferred death to spending more time in prison.

"It is upon principle that Mr. McVeigh has decided to seek court relief," Nigh said. "And it is based on the government's failure to present evidence in his case. He is convinced that the Department of Justice and the FBI will not otherwise be held accountable unless he takes this action."

Attorney General John Ashcroft delayed the execution date until June 11 after it was revealed five days earlier that the FBI had failed to give 4,000 investigative records to defense attorneys as required in the 1997 trial.

Nigh said McVeigh wanted the attorneys to say that his decision was in no way an attempt to cause "any additional pain or trauma" for his family, the victims of the Oklahoma City bombing or Terre Haute, where the execution would be carried out at the federal prison.

"It is Mr. McVeigh's decision that this action is necessary to order to promote integrity in the criminal justice system," he said.

Burr said a sealed, 40-page motion for the stay, with 300 exhibits, would be filed later Thursday in Denver asking for Matsch to delay the execution. He said most of the information in the filing could not be made public yet because of investigative documents that are under court seal.

"The papers we are filing today will be arguing to Judge Matsch that a fraud upon the court has been committed by the federal government in withholding massive amounts of documents from the defense and in continuing to withhold numbers of documents from the defense," he said.

Burr said they can prove "that there are critical documents" still being withheld from defense lawyers. He said they have found people who were investigated by the FBI, but the federal agents have never produced any paper on those investigations.

Burr said they are also asking for an evidentiary hearing to present evidence to Matsch of "fraud upon the court."

Ashcroft said in a statement Tuesday that his office would fight any attempt to delay McVeigh's execution. The Justice Department has contended that there is no information in the newly discovered documents that would change the outcome of McVeigh's trial.

The newly discovered documents have also delayed the state prosecution of Terry Nichols, who was also convicted in federal court in the bombing. Defense lawyers in that case want to review the FBI documents but the records have not been turned over.

McVeigh, 33, was convicted and sentenced to die for the April 19, 1995, bombing of the Murrah Federal Building in Oklahoma City that killed 168 people. Nichols was also convicted at a separate federal trial in Denver for his role in the bombing and sentenced to life in prison.

Copyright 2001 by United Press International.

All rights reserved.

© 2019 Newsmax. All rights reserved.

   
1Like our page
2Share
Pre-2008
During a two-hour meeting at the federal prison, McVeigh gave attorneys Rob Nigh of Tulsa, Okla., and Richard Burr of Houston permission to file a motion for a stay of execution with U.S. District Judge Richard Matsch in Denver, who presided in his original trial. Nigh...
McVeigh,Wants,Execution,Delayed
545
2001-00-31
Thursday, 31 May 2001 12:00 AM
Newsmax Media, Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved