By Ed Halloran
Special to Court TV
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.
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