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McVeigh seeks stay of execution
DENVER (AP) Attorneys for Timothy McVeigh asked a judge
Thursday to delay the Oklahoma City bomber's looming execution and
accused the federal government of withholding evidence in a "fraud
upon the court."
The request was submitted to U.S. District Judge Richard Matsch,
who scheduled a hearing for late Thursday afternoon.
A few hours earlier, the attorneys met with McVeigh at a federal
prison in Terre Haute, Ind. Attorney Robert Nigh said it wasn't
easy for McVeigh to challenge his June 11 execution date.
"He was prepared to die," Nigh said.
The attorneys also want a hearing on their claim that the FBI is
withholding information even now, three weeks after the Justice
Department began turning over more than 4,000 pages of FBI
documents that McVeigh's defense should have had at trial.
"There is a very long and old doctrine that the Supreme Court
has articulated periodically because it doesn't happen very often,
that when a fraud upon the court has been perpetrated by one of the
parties to a legal proceeding, any judgment that the court makes is
void," lawyer Richard Burr said.
"There are still critical documents about this investigation
being withheld by the FBI," he said, suggesting the agency was
keeping private files on people investigated in the case. "We must
get to the bottom of this."
Attorney General John Ashcroft said none of the FBI documents
raise doubt about McVeigh's guilt or establishes his innocence. He
said the Justice Department would oppose any effort to overturn
McVeigh's conviction or death sentence, or to force a new trial.
"Based on the overwhelming evidence and McVeigh's own repeated
admissions, we know that he is responsible for this crime and we
will continue to pursue justice by seeking to carry out the
sentence that was determined by a jury," Ashcroft said in a
statement.
McVeigh had faced lethal injection on May 16 for the 1995
bombing that killed 168 people and injured hundreds of others.
But the execution was postponed by Ashcroft after the Justice
Department admitted it mistakenly kept boxes of documents from
McVeigh's defense. The FBI said they were discovered by an
archivist.
McVeigh admitted his guilt in a book released in April, but Nigh
said such views were never aired by McVeigh during his trial or
appeals.
Asked why McVeigh changed his mind, Burr said: "He right now
thinks the most important thing in his life to help bring integrity
to the criminal justice system."
"For many years, McVeigh has been deeply concerned about the
overreaching of federal law enforcement authorities. When that
overreach became apparent to him in his own case, it overrode other
considerations."
Another attorney, Chris Tritico, bristled when asked whether the
legal move was "offensive."
"I don't know how you could find it offensive that anybody
would stand up for the principles as outlined in the
Constitution," he said.
In Oklahoma City, Pat Ryan, who was U.S. attorney during the
bombing, said nothing raised by McVeigh's attorneys Thursday takes
away from the evidence that McVeigh was responsible for the
bombing.
"If death penalty crimes were ranked one to 100, this is 100,"
he said. "There has never been anything worse committed on
American soil and Timothy McVeigh is going to get the death penalty
at the end of the day."
Martha Ridley, whose daughter died in the bombing, said she
didn't believe Nigh's statement that the decision to seek a stay
wasn't meant to hurt the bombing victims.
"I think that's a crock," she said. "That is just McVeigh and
his games. He is an admitted confessed, quoted killer so why should
he receive a stay? He's lived six years plus longer than what my
daughter did. So why should they stay it?"
Kathleen Treanor, whose 4-year-old daughter died in the bombing,
said she wasn't surprised by McVeigh's decision.
"I've stopped trying to figure out what's going on in his
head," she said. She said she's still reeling over the FBI's
mistake.
"To be perfectly honest, I can't really say he got a fair trial
at this point," she said. "It's back in the judge's hands now."
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