Criminal Action No. 96-CR-68-M

UNITED STATES OF AMERICA, Plaintiff,

V.

TIMOTHY JAMES McVEIGH, Defendant

NOTICE TO COURT

Counsel for Mr. McVeigh have been instructed by their client to not file a Notice of Appeal from the district court's Order of October 12, 2000 dismissing the Motion to Vacate Conviction and Sentence Pursuant to 28 U.S.C. §2255. Counsel believes that there are meritorious grounds to appeal. Counsel further believes that Mr. McVeigh is entitled to a hearing on the issues raised by the §2255 Motion and ultimately a new trial. Despite counsel's strongly held beliefs regarding the propriety of an appeal, the Rules of Professional Conduct give to the client the ultimate authority to make decisions regarding whether to take an appeal. If the court determines that Mr. McVeigh is competent and that his decision is knowingly and intelligently made, whether to pursue an appeal is Mr. McVeigh's decision and counsel cannot ethically ignore or override that decision. If the court determines that Mr. McVeigh's decision is not knowing, intelligent, and competently made, until such time as the validity of die waiver of appeal is established, and in order to preserve jurisdiction to consider any appeal, this pleading shall serve as Notice of Appeal from the court's Order of October 12, 2000 as required by Federal Rule of Appellate Procedure 4(a). At Mr. McVeigh's direction, his statement regarding his decision to forgo further appeals is attached hereto.

CERTIFICATE OF MAILING

I hereby certify that on December 11, 2000, I placed a true and complete copy of the foregoing Notice to Court, in the U.S. Mail, postage prepaid, properly sealed and addressed to:

Scan Connelly U.S. Attorney's Office 1961 Stout Street, #1300 Denver, CO 80294

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Action No. 96-CR-68-M

Civil Action No. OO-M-094

UNITED STATES OF AMERICA, Plaintiff,

v.

TIMOTHY JAMES McVEIGH, Defendant.

STATEMENT OF TIMOTHY McVEIGH REGARDING NOTICE OF INTENT TO FOREGO FURTHER APPEALS

I, Timothy James McVeigh, do hereby advise the court and all parties that I do not -wish to pursue any further appeals in this case. I believe that it is my right to forego any appellate remedies that may be available. In United States v. Hammer. 226 F.3d 229 (3^rd Cir, 2000), the Third Circuit acknowledged that a defendant under sentence of death may-waive his right to direct appeal. My case has already been through direct appeal and the Tenth Circuit affirmed the conviction and sentence. If Hammer was allowed to waive his right to direct appeal I should certainly be allowed to forego appeal from denial of my section 2255 motion.

I believe that I am fully competent to make this decision. If the court thinks that a psychological evaluation is necessary to make certain that I am competent, I will submit to such an evaluation. I will not justify or explain my decision to any psychologist but will answer questions reasonably related to my competency.

My attorneys have explained to me the issues that they would raise on any appeal. I understand the appellate issues and understanding those issues I persist in my decision to forego appeal. This decision to forego appeal is done against the advice of my lawyers.

By foregoing appellate rights I am not waiving my right to petition for executive clemency. I am waiving further review by the judicial branch of the federal government. I am not waiving review by the executive branch.

It is not my desire by waiving appeal to delay my execution. I request that the court set an execution date, or order the Director of the Bureau of Prisons to do the same, with the execution date to be within 120 days of the filing of this notice.

This waiver is my decision and these are my words intended to convey my decision. I have asked my lawyers to file this Notice with the Court.

Timothy McVeigh
December 07, 2000