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Updated December 28, 2000, 5:52 p.m. ET
Judge grants bomber's request to stop appeals  
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Timothy McVeigh, convicted of the 1995 Oklahoma City bombing, will get what he wants — an execution date.

DENVER (Court TV) — Convicted Oklahoma City bomber Timothy McVeigh has until January 11 to change his mind about foregoing further judicial appeals. After that, an execution date will be set, said U.S. District Court Judge Richard Matsch.

Matsch made this determination from his Denver courtroom Thursday after a half-hour hearing in which McVeigh participated via closed circuit television from the federal death row in Terre Haute, Ind.

Matsch questioned McVeigh closely and concluded that the prisoner's decision to forego all but an appeal for executive clemency was made "knowingly, competently and intelligently."

McVeigh was convicted in 1997 of participating in the 1995 bombing of the Murrah Federal Building in downtown Oklahoma City, which took 168 lives and wounded hundreds of others. Matsch sentenced McVeigh to death after the conviction, and the appeals process began.

McVeigh seemed relaxed and confident throughout the hearing, appearing very knowledgeable about the law as it applies to his case. He reeled off names and case citations with an ease that would do credit to an experienced attorney.

In his notice filed earlier this month, McVeigh acknowledged that he was going against the advice of his attorneys when he requested a death date. He also wrote, "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 any questions reasonably related to my competency."

Dr. William Hummel, Ph.D., a Denver-based psychologist, said, "It would be all but impossible to reach any valid conclusions under the ground rules Mr. McVeigh set out in his notice to the court. Of course, 'competency' and 'sanity' are legal terms, not medical ones."

Attorney Douglas Joffe agreed with Dr. Hummel's assessment: "They are legal terms, and from the way his notice reads, Mr. McVeigh appears to be making a rational and informed decision."

Joffe, who handles a variety of post-conviction and appellate cases, added before the hearing, "This isn't going to be a simple rubber stamping of the request. The judge has to determine if Mr. McVeigh was or is under some form of duress regarding his desire for an execution date."

Dr. Paul Heath, a counseling psychologist in Oklahoma City and a survivor of the bombing, wrote to Judge Matsch before the hearing. His letter read, in part: "Please don't allow this prisoner to mock me as a survivor by approving his current request ... "

Alluding to McVeigh's statements in fall 1994 that he was prepared to die in the bombing if need be, Dr. Heath wrote, "Your honor, to me this prisoner (who has not to date allowed either evaluation or treatment) remains as delusional and suicidal today as he was in the fall of 1994."

Dr. Heath also wrote, "I hope it is as obvious to your honor as it is to me that this prisoner (is crying out for help) and may surly [sic] be in need of at least an immediate ordered suicide prevention program."

But in the end, after reminding McVeigh that it's still not too late to enter another judicial appeal and going over the steps related to requesting clemency from the president of the United States, Matsch granted the prisoner's request.

 

 
Special report: Execution of an American Terrorist
 
 
  • Profile of a mass murderer: Who is Tim McVeigh?

  • A video tour of the execution chamber

  • Interactive map of the execution facility

  • Full execution coverage
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  • Interactive road map
  • Full journey coverage
  • View photo gallery
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  • Listen to audio of the explosion, recorded from across the street

  • Diagram of Alfred P. Murrah building and vicinity

  • The Crime Library: Full story of the bombing

  • Full bombing coverage
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  • Victims remembered with 168 seconds of silence

  • Profiles of all 168 victims
  •  
     
  • Video report on the motives behind McVeigh's actions.

  • Watch more video
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  • Read McVeigh's petition for a stay of execution

  • Read prosecutors' brief opposing stay

  • More documents
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  • Transcript of chat with Court TV's Tim Sullivan, who discusses the execution of Timothy McVeigh

  • Transcript of chat with Paul Heath, a bombing survivor, who discusses what it was like that day and his recovery

  • Full archive of chats
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