-Caveat Lector-
http://www.washingtonpost.com/wp-dyn/articles/A14758-2001May11.html
Friday, May 11, 2001; 12:27 PM
Government to Postpone McVeigh Execution
By Lois Romano
Washington Post Staff Writer
The Justice Department will today postpone Timothy McVeigh's scheduled
May 16 execution in order to give both his lawyers and the government
time to review 3,000 pages of documents discovered by the FBI this week.
The delay will likely be about 30 days, according to government sources.
"It's a matter of equity," a government source said. "We dropped the
ball, and we're not going to rush for a deadline." It is still a strong
possibility that McVeigh could be the first federal execution in 38
years, although there is another federal inmate scheduled to be executed
in mid-June.
In an astonishing development, just six days before McVeigh was to die
for blowing up a federal building in Oklahoma City, the government on
Thursday turned over voluminous materials to defense lawyers that it says
were mistakenly withheld from defense prior to McVeigh's 1997 trial.
McVeigh was convicted and condemned to death in June of 1997 for
detonating a truck bomb in front of the Alfred P. Murrah Federal Building
which killed 168 people on April 19, 1995. His co-conspirator Terry
Nichols was convicted in a separate trial of lesser charges.
Since the Bureau of Prisons set the May 16 date for the execution, it can
postpone the date without consulting the courts. Federal sources say
Justice is considering a delay of anywhere from 30 to 120 days. Attorney
General John Ashcroft has scheduled a news conference for this afternoon
at which he may make an announcement about a stay.
Meanwhile, McVeigh's attorney Rob Nigh is meeting with client his at the
federal penitentiary in Terre Haute, Ind., this morning to explore
options, which would including petitioning the 10th circuit court of
appeals for a stay of execution.
"Based on what they have said, I would be amazed if [Justice] is not
seriously considering [a postponement]," said Nigh, in an interview. "It
will take an extensive amount of time to go over all these documents."
Although McVeigh in December abandoned all his appeals, Nigh said his
client is willing to listen, and that requesting a stay is "certainly an
option."
The materials contain witness interviews, reports and correspondence,
plus photographs and tapes. Sources said that a number of the so-called
"302 forms," which are official reports of interviews conducted by FBI
agents around the country, pertain to "John Doe No. 2," a suspect who was
described by witnesses soon after the blast but who never materialized.
Government officials continued to insist today that the materials will
not in any way exonerate McVeigh, who has admitted to blowing up the
Murrah Federal Building. The officials also maintained that based on one
of the largest and most extensive investigations in history, there is
still no indication that any one else was involved.
"We have every indication there was not anyone else involved," said
Joseph Hartzler, who prosecuted the case for the government. "That
[conclusion comes] from the videotape at McDonalds when he arrived alone
right before he rented the Ryder truck, when he purchased a car alone,
and the fact that he and Nichols bought telephone debit card that no one
else used."
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