-Caveat Lector-
FBI Withheld McVeigh Evidence
· Defense Attorneys Weren't Given Nearly 200 Pieces Of Evidence
· McVeigh's Lawyers Considering Asking For Stay Of Execution
· FBI Probing Why Materials Weren't Disclosed
May 10, 2001
(CBS) Federal officials have informed the judge who sentenced Timothy
McVeigh to death that the FBI mistakenly withheld nearly 200 pieces of
evidence from defense attorneys in the Oklahoma City bombing trial, CBS
News has learned.
McVeigh and his attorneys were also informed. The attorneys tell CBS News
they are actively considering filing for a stay of execution.
CBS News Correspondent Jim Stewart reports that some of the evidence
appears to be original FBI interviews done in the hours and days
immediately after the bombing.
An FBI spokesman told CBS News that the bureau does not know at this time
why the material was not turned over, and is conducting an internal
investigation to determine how such an error occurred.
The evidence was discovered in a recent search of the bureau's archives and
consists of FBI 302 forms, which are reports of interviews and sworn
statements by investigators.
More than 18,000 such forms were generated by investigators during the
Oklahoma City investigation. It is possible some of the recently discovered
forms are duplicates.
None of the new material is considered favorable to McVeigh, but to
withhold evidence either by design or by accident is a serious matter and
potentially could lead to a hearing that would delay the execution.
In most cases, a disclosure that evidence was withheld would make a motion
for a new trial almost certain.
At a minimum, that would involve a hearing that would delay the death
sentence.
But that is up to McVeigh and his attorneys. McVeigh has said he wants to
die. It is not known what he has conveyed to his attorneys, and he might
tell his defense team not to interfere.
Oklahoma City survivors, meanwhile, were stunned by the late development.
"It'll set everybody back several steps," said survivor Glenda Riley. "I
really think it'll set everybody back."
McVeigh is scheduled to die by lethal injection at the federal prison in
Terre Haute, Ind., at 7 a.m. CST on May 16. His execution would be the
first federal death penalty administered since 1963. It will broadcast on
closed circuit television so survivors and families of those killed can watch.
The April 19, 1995 bombing of the Alfred P. Murrah Federal Building in
Oklahoma City killed 168 people.
McVeigh claims he built and detonated the 4,800-pound bomb in response to
the deadly 1993 federal raid at the Branch Davidians compound in Waco.
McVeigh was convicted in 1997 of conspiracy, using a weapon of mass
destruction, destroying a federal building with a bomb and murdering eight
federal agents. He was sentenced to death.
He appealed the sentence, but in December, 2000, withdrew his appeals and
asked for an execution date. On January 16, the date of May 16 was set.
McVeigh had one month after the date was set to ask for executive clemency.
He did not.
McVeigh's accomplice in the bombing, Terry Nichols, is serving a life
sentence on federal charges and faces 160 Oklahoma state murder counts.
Michael Fortier, who was involved in the early planning for the bombing but
cooperated with prosecutors, faces jail time on weapons charges.
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