-Caveat Lector- Amelia asked me to forward this, she has reached her limit. Tenorlove ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > : McVeigh execution stay possible > > > McVeigh execution stay possible > > Timothy McVeigh, seen in 1995 outside the Perry County Courthouse > in Oklahoma, waived his rights to appeal his case. But his attorneys > may still seek options to delay or halt his execution. > > > NBC's Pete Williams discusses the possibility of a stay of execution > for Timothy McVeigh with MSNBC's Lester Holt. > WASHINGTON, May 9 - Timothy McVeigh's attorneys may seek to stay > his execution, scheduled for next week, after learning the FBI > withheld hundreds of documents from them. The lawyers told NBC News > they received the documents Thursday, but had not decided what steps > to take. > > May 10 - Joseph Hartzler, who was the lead federal prosecutor in > the Timothy McVeigh case, tells NBC's Pete Williams that the > convicted bomber wants to create a myth about himself. > > > > NATHAN CHAMBERS, one of McVeigh's attorneys, told NBC the > defense lawyers first heard of the documents' existence Wednesday, > and asked Matsch to be given a copy of the foot-high stack of > papers. > The lawyers said they had not gone through the documents and > would not likely have any decision how to proceed before midday > Friday. A defense lawyer was expected to visit McVeigh on Friday to > discuss his options. > McVeigh apparently was told of the development but his > response was not known. He gave up his own right to appeal late last > year, saying he did not want to prolong the process. > Officially, a stay may be requested until two hours prior to > McVeigh's death. Authorities at the federal prison in Terre Haute, > Ind., where McVeigh is being held, said they planned to go forward > with the schedule for the execution until told to do otherwise. > Advertisement > > An FBI spokesman told CBS News, which first reported the > withholding of the documents, the agency had no idea why the papers > were not turned over earlier and planned an internal probe of the > matter. > The documents were only recently discovered in storage, NBC's > Pete Williams reported. The FBI informed the Justice Department, > which then told U.S. District Judge Richard Matsch, who presided > over McVeigh's 1997 trial. > The missing documents primarily are what are known as "302" > reports, filed by FBI agents to document details of an investigation > or the results of an interrogation. Tens of thousands of 302s were > filed during the investigation of the 1995 blast in Oklahoma City, > which killed 168. It is believed about 200 reports were not passed > to the defense, many of them containing testimony from witnesses at > the scene of the bombing. > > IMPACT UNCLEAR > It is not clear whether the new documents would have helped > McVeigh's case, nor is it clear that having them withheld by the FBI > would be grounds for an appeal. However, it is possible McVeigh's > lawyers could ask to halt his execution, scheduled for next > Wednesday, while the impact of the new evidence is considered. > > > > Even so, federal standards to halt an impending execution > remain difficult to meet. McVeigh's attorneys would have to show > that the documents would likely sway a jury's opinion if his case > were heard again. > Unless the reports contain material that significantly casts > doubt on McVeigh's guilt, it would be difficult to convince a panel > of federal judges that McVeigh's case deserves another hearing. > Federal sources told NBC's Williams the documents contain "nothing > material" to McVeigh's case. > Still, the defense may file a habeas corpus petition to halt > McVeigh's death until a court determines the documents' import. > Attorney Jeralyn Merritt, McVeigh's local co-counsel during > his trial, assessed the odds for MSNBC Cable: "Whether or not a stay > would be granted, pretty good. As to whether he would prevail on > motion for a new trial, probably not high. But who can say until we > read these reports: Suppose someone says they saw someone else at > the site of the bombing?" > > McVeigh himself essentially admitted his role in the > bombing, according to his biography published earlier this year. He > was convicted two years after the April 19, 1995, bombing. > He would be the first federal inmate executed since 1963. > About 200 survivors and victims' relatives are scheduled to watch > his execution via closed-circuit television. > > MSNBC.com's Jon Bonné, NBC's Pete Williams, Suzanne Malveaux > and Stephanie Becker, and The Associated Press contributed to this > report.blocks ban __________________________________________________ Do You Yahoo!? Yahoo! Auctions - buy the things you want at great prices http://auctions.yahoo.com/ <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. 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