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McVeigh judge a tough one
DENVER (AP) U.S. District Judge Richard Matsch rules his
courtroom with a firm gavel and a short temper. On Wednesday, he
will hear arguments on whether a foul-up by the FBI justifies a
postponement of Timothy McVeigh's execution.
McVeigh's lawyers are citing the government's failure to turn
over more than 4,400 pages and 11 CDs of material on the Oklahoma
City bombing investigation before McVeigh's 1997 trial in Matsch's
courtroom.
Legal experts say McVeigh is likely to win a delay of his lethal
injection, scheduled for Monday. But they say the hurdle is much
higher in actually persuading Matsch to grant a new sentencing or a
new trial.
"On one hand, Matsch said he was comfortable with the verdict
of McVeigh and the penalty. On the other hand, before and during
the trial, he was skeptical about the government's representation
about how much government evidence had been turned over," said
Andrew Cohen, a legal analyst who monitored McVeigh's trial.
"I think there is a very real chance here that this particular
issue will push Matsch's buttons to a point where he feels like he
needs to get involved."
Matsch is expected to rule quickly, and any decision may be
appealed immediately.
"This is a no-nonsense judge and there is a significant
constitutional issue here, a fundamental violation of due process
over access to police reports," said former federal public
defender Brian Holland. "The question Matsch will have to decide
is whether it prejudiced McVeigh's case and he has to rule soon."
The documents were released just days before McVeigh's original
execution date, May 16. Attorney General John Ashcroft ordered a
one-month delay but opposes any further postponement. And
prosecutors say nothing in the newly released files raises any
doubts about McVeigh's guilt.
Matsch, the chief judge of the federal court in Denver, was
assigned to the trials of McVeigh and Terry Nichols in 1996. The
trials were moved to Denver because it was decided that passions
were running too high in Oklahoma City for the two to get a fair
trial there.
Matsch was credited with restoring confidence in the legal
system. He imposed a gag order to prevent attorneys from trying
their case on the courthouse steps, ruled decisively on matters of
evidence and tolerated none of the antics seen at the O.J. Simpson
trial in Los Angeles.
McVeigh, 33, was convicted of murder and other charges and
sentenced to die for the April 19, 1995, bombing of the Alfred P.
Murrah Federal Building, which killed 168 and injured hundreds of
others. Nichols, 46, was convicted of involuntary manslaughter and
conspiracy and sentenced to life in prison.
Through it all, Matsch refused to discuss the trials.
At 71, Matsch (pronounced maych) is a familiar figure around the
federal court complex downtown. He often wears a cowboy hat, a
conservative suit and black Western boots. You can set your watch
by his arrival in court.
Born in Burlington, Iowa, Matsch graduated from the University
of Michigan Law School, served as a federal prosecutor, became a
bankruptcy judge and was appointed to the federal bench in Denver
by President Nixon.
In the 1980s, Matsch presided over the trial of several members
of the Order, a militant, anti-Semitic organization responsible for
the 1984 assassination of Denver radio talk show host Alan Berg. He
also presided over political corruption trials and Denver's busing
for desegregation.
He can be irritable in the courtroom and has little patience for
those who have not done their homework.
Tom Kelley, a Denver media attorney, often found himself on the
wrong side of Matsch when he argued for greater media access during
the bombing trials. He said the judge's rebukes often ended with,
"Mr. Kelley, SIT DOWN!"
"He doesn't have a lot of patience for people who have not
thought things through," said Kelley. "For any lawyer who wants
to succeed, some might say survive, you have to be prepared."
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