-Caveat Lector-

Thursday | May 31, 2001

McVeigh to seek delay of June 11 execution, attorneys say

<http://www.dallasnews.com/latestnews/381619_mcveigh31e.html>

05/31/2001
Associated Press

TERRE HAUTE, Ind. - Timothy McVeigh will seek a delay of his June 11
execution for the Oklahoma City bombing and ask for a hearing to
investigate federal investigators' "fraud upon the court," his lawyers said
today.
Attorney Robert Nigh said it wasn't easy for McVeigh to make the decision.
"He was prepared to die," Nigh said outside the federal prison where
McVeigh is imprisoned.
"There are still critical documents about this investigation being withheld
by the FBI," lawyer Richard Burr said. "We must get to the bottom of this.
This proceeding is intended to do that."
Another McVeigh attorney, Nathan Chambers, had stayed in Denver to file the
documents seeking the delay.
McVeigh's execution, initially set May 16, was postponed by Attorney
General John Ashcroft after the Justice Department turned over more than
4,000 FBI documents it admits should have been given to McVeigh's lawyers
for his trial.
McVeigh faces a lethal injection for the 1995 bombing that killed 168
people and injured hundreds of others. He had been scheduled to be the
first federal prisoner executed in 38 years.
After abandoning his appeals, McVeigh admitted his guilt in a book released
in April. He had earlier asked a federal judge to stop further appeals and
requested an execution date.
He also said in a recent letter to The Houston Chronicle that he acted
alone, and there was no John Doe 2, a possible suspect that surfaced early
in the bombing investigation.
Nigh said there was nothing in the court record that reflected those beliefs.
"If there were other people involved and evidence of their involvement is
credible ... then that evidence is something Tim McVeigh's jury certainly
would have wanted to have," Burr added.
Ashcroft has said that the FBI documents do nothing to bring into question
McVeigh's guilt, and the Justice Department will do everything possible to
avoid a further delay.
On Wednesday, Ashcroft reiterated his vow to fight any further delay of
McVeigh's execution.
"A jury determined that the death penalty is the appropriate punishment for
McVeigh, and failure to carry out that sentence would deny justice for the
victims of this crime and for the American people," Ashcroft said.

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