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McVeigh lets deadline for resuming appeals expire
DENVER (AP) Convicted Oklahoma City bomber Timothy McVeigh
moved a step closer to being executed when he let a deadline expire
for resuming his appeals.
His attorneys said he wants a date set for his execution.
McVeigh had until 5 p.m. Thursday to file a notice with U.S.
District Judge Richard Matsch, who presided over his trial.
District Court Clerk Jim Manspeaker said he would take the notice
until midnight. McVeigh didn't act before either deadline.
The decision is now in the hands of the U.S. Bureau of Prisons,
which could set a date as early as May for him to die by lethal
injection. McVeigh has reserved the right to seek executive
clemency.
Bureau of Prisons spokesman Dan Dunne said an execution date
will be set once the Department of Justice notifies the bureau that
McVeigh has ended his appeals. It could be days or months before a
date is set.
Generally, condemned inmates are given four months' notice of an
execution.
McVeigh's attorneys had been counting on an order from the judge
to set an execution date, but Matsch made it clear in his ruling
that if McVeigh did not act, there would be no further court action
in the case.
Nathan Chambers, McVeigh's attorney, said that during a meeting
at the federal prison in Terre Haute, Ind., McVeigh ordered there
be no more appeals on his behalf.
"He made it clear this was his decision. I tried to talk him
out of it and get him to resume his appeal, but it was his decision
not to file," Chambers said.
Matsch agreed to McVeigh's request last month, giving him until
Thursday to change his mind.
At a Dec. 28 hearing, McVeigh reserved the right to seek
clemency from the White House, telling the judge: "The president,
as I understand it, has almost unlimited power in this respect."
The government has not executed a federal prisoner in 37 years.
McVeigh was convicted of murder, conspiracy and other charges
for the April 19, 1995, bombing of the Alfred P. Murrah Federal
Building, which killed 168 people and injured more than 500.
He lost two appeals, at the U.S. Supreme Court and the federal
appeals court. But he has not exhausted all appeals.
In December, McVeigh asked Matsch to end his appeals. He has the
legal right to do so, even if his lawyers object.
McVeigh's other death appeals attorney, Dennis Hartley, met with
McVeigh on Wednesday at the Indiana prison. He said Thursday that
McVeigh was adamant that no appeals be filed on his behalf.
"He's not indicating why to anybody," Hartley said. "He's
keeping his thoughts private. He doesn't need to justify this to
anyone."
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