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Updated June 5, 2001, 4:00 p.m. ET
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."

 
Special report: Execution of an American Terrorist
 
  • Profile of a mass murderer: Who is Tim McVeigh?

  • A video tour of the execution chamber

  • Interactive map of the execution facility

  • Full execution coverage
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  • Interactive road map
  • Full journey coverage
  • View photo gallery
  •  
     
  • Listen to audio of the explosion, recorded from across the street

  • Diagram of Alfred P. Murrah building and vicinity

  • The Crime Library: Full story of the bombing

  • Full bombing coverage
  •  
     
  • Victims remembered with 168 seconds of silence

  • Profiles of all 168 victims
  •  
     
  • Video report on the motives behind McVeigh's actions.

  • Watch more video
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  • Read McVeigh's petition for a stay of execution

  • Read prosecutors' brief opposing stay

  • More documents
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  • Transcript of chat with Court TV's Tim Sullivan, who discusses the execution of Timothy McVeigh

  • Transcript of chat with Paul Heath, a bombing survivor, who discusses what it was like that day and his recovery

  • Full archive of chats
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