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McVeigh halts appeals process, prepares for execution
DENVER (AP) Ending three weeks of legal turmoil, Timothy
McVeigh has halted all further appeals and says he is prepared to
die by lethal injection Monday morning for the Oklahoma City
bombing.
McVeigh's decision, which clears the way for his execution, came
Thursday minutes after a three-judge panel of the 10th U.S. Circuit
Court of Appeals rejected his request for an execution delay.
He could have petitioned for the full appeals court to consider
his request, taken the case to the U.S. Supreme Court or asked
President Bush for clemency. Instead, McVeigh was prepared to die,
said attorney Rob Nigh.
"He has family and friends that he must say his goodbyes to,
the kind of introspection and psychological preparation he has to
go through only he can know and other people in his position can
know," Nigh said outside the appeals court.
At the federal prison in Terre Haute, Ind., McVeigh could be
moved as early as Friday from his cell to the execution building, a
windowless, two-story brick structure surrounded by a fence topped
with barbed wire. He would be the first federal prisoner executed
since 1963.
In Oklahoma City, reaction was mixed among bombing victims'
relatives and survivors.
"It's kind of like a burden lifted off my shoulders," said
Paul Howell, whose daughter was killed in the bombing and who plans
to witness the execution at the prison in Terre Haute. "I'm going
to start preparing myself mentally for it now."
Jannie Coverdale, whose two grandsons were killed, wants McVeigh
to remain alive because she does not believe the full truth has
been told about the bombing. She plans to begin writing letters
next week to Attorney General John Ashcroft, congressmen and
McVeigh's attorneys to try to get copies of court documents.
But first she will go to her grandsons' graves.
"I have to tell the boys the bad man is dead and he can't hurt
anyone anymore," she said.
McVeigh was convicted of murder, conspiracy and mass weapons
charges in the April 19, 1995, bombing of the Alfred P. Murrah
Federal Building. The blast killed 168 people and injured hundreds
more.
He had stopped his appeals this year and was preparing for his
May 16 execution when the Justice Department announced in early May
that nearly 4,500 pages and 11 CDs of FBI material had been found
that should have been given to his attorneys before his 1997 trial.
Ashcroft ordered the execution delayed to give the defense time to
review the material.
A week ago, attorneys for McVeigh, a Gulf War veteran, began an
aggressive campaign to delay the execution a second time, alleging
in a court brief that the government committed a "fraud upon the
court" by withholding documents.
On Wednesday, U.S. District Judge Richard Matsch denied
McVeigh's request, saying it was clear he was "the instrument of
death and destruction" in the bombing, the worst act of terrorism
on U.S. soil.
His attorneys appealed Thursday, but the three-judge panel ruled
that McVeigh "utterly failed to demonstrate substantial grounds"
why he should not be put to death.
The attorneys acknowledged that nothing in the FBI documents
proves McVeigh is innocent.
In the book, "American Terrorist: Timothy McVeigh & the
Oklahoma City Bombing," McVeigh admitted he carried out the attack
to avenge government raids at the Branch Davidian compound at Waco,
Texas, and the cabin of white separatist Randy Weaver at Ruby
Ridge, Idaho.
McVeigh also said he has chosen his last words: "I am the
master of my fate," an excerpt from William Ernest Henley's
19th-century poem "Invictus."
Nigh said Thursday that McVeigh allowed his appeals to be
renewed because he wanted to try to prove the FBI committed fraud
by withholding the material. He said he didn't try to talk McVeigh
out of his decision because "his mind was resolved."
In a statement, Ashcroft said: "Timothy McVeigh is responsible
for the brutal murder of 168 people, including 19 children, and he
will now be brought to justice."
Stephen Jones, who represented McVeigh at trial, said McVeigh
prohibited his lawyers from pursuing other suspects before the
trial and insisted on managing his own defense.
Jones said he was saddened by the court's refusal to delay the
execution, set for 8 a.m. EDT Monday.
"I believe he has humanity, and I think the death penalty is
inappropriate," Jones said.
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