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Latest FBI lapse likely to stop McVeigh execution, experts say
WASHINGTON (AP) The latest in a string of FBI miscues likely
will force a judge to delay Timothy McVeigh's execution, but there
is little chance of reversing his conviction for the Oklahoma City
bombing, legal experts said Thursday.
"Any responsible judge in a case like this, the first instinct
is really to put a stay on the execution," said Michael Gerhardt,
a professor of law at the College of William and Mary.
Gerhardt said any delay in the first use of the federal death
penalty since 1963 would be used to let the court "make sure that
whatever's there isn't something that would have prejudiced his
defense if he didn't have it. As they always say, death is
different."
But because McVeigh has openly admitted his role in the 1995
bombing that killed 168 at the Alfred P. Murrah Federal Building,
the likelihood of reversal of his conviction is low, the experts
cautioned. He is scheduled to be die by lethal injection next
Wednesday.
"McVeigh has never contested that he did this," said Daniel
Polsby, a George Mason University criminal law professor. "If
there were a guilt or innocence question, then there might be some
serious re-examination, but McVeigh has admitted to doing this
crime."
"This is just a matter of procedure and delay," Polsby added.
Pepperdine University law professor Douglas Kmiec agreed. "Even
with an assumption that the documents are somehow central to the
case, it is difficult to anticipate any type of reversal," he
said.
The FBI's belated discovery that boxes of evidence from the case
were withheld from McVeigh's defense during the trial nonetheless
represents another big setback for America's premier law
enforcement agency, which last week lost its leader of the last
eight years Louis Freeh.
"It obviously does not make the FBI look good," Gerhardt said.
"It's another black eye."
The Justice Department inspector general and an expert panel led
by former FBI and CIA director William Webster are looking into FBI
security procedures after revelations that senior
counterintelligence agent Robert Hanssen may have spied for Moscow
undetected for 15 years. Hanssen has pleaded innocent.
Congress just finished hearings into another embarrassing case
in which a Boston man, Joseph Salvati, spent 30 years in prison for
a murder he did not commit even though the FBI had evidence all
that time of his innocence.
A judge freed Salvati recently after concluding FBI agents hid
testimony that would have proven Salvati and others innocent in
order to protect an informant.
The bureau also faced sharp questioning after revelations it
focused too narrowly on Los Alamos nuclear lab scientist Wen Ho
Lee, suspecting he was a Chinese spy only to conclude he had not
given America's prized nuclear secrets to Beijing. Years of
investigation had to be re-evaulated to identify new suspects, and
a judge admonished the government for keeping Lee in solitary
confinement for nine months.
And Freeh endured very public differences with then-Attorney
General Janet Reno over the government's investigation of the
Democrats' fund raising during the 1996 presidential election.
Freeh insisted that Reno should have asked for an outside counsel
to investigate the allegations, but she declined to do so.
Freeh resigned last week, but a law enforcement official said
the discovery of the documents came after his announcement.
"There's no connection between the two," said the official,
speaking only on grounds of anonymity.
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