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CNN Saturday Morning News

McVeigh May Challenge Death Sentence in Court

Aired May 12, 2001 - 07:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Topping our news this morning, Timothy McVeigh remains on death row in Indiana this morning, but his execution date has now been delayed for at least a month. Although he has admitted guilt and resigned himself to death, attorneys for the Oklahoma City bomber say he may challenge his death sentence.

The uncertainty comes after the stunning disclosure the FBI withheld hundreds of documents from McVeigh's defense team.

CNN national correspondent Gary Tuchman is in Oklahoma City with the latest. Hello, Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Hello to you, Miles.

We come to you from outside the Oklahoma City National Memorial Bombing Complex. Behind me, the outdoor memorial, a poignant tribute to the victims of the Oklahoma City bombing. Next door to it, an equally emotional indoor museum. And inside the museum, there's a plaque that says, "Timothy McVeigh will be executed May 16, 2001."

Well, now they're planning to take down the plaque and put up something a bit more ambiguous.

It's fair to say the people of Oklahoma City were quite surprised by this development, as were many people throughout the United States. Nearly 300 people were getting ready to go to a local prison this Wednesday near the Oklahoma City Airport to watch the execution of McVeigh on closed-circuit television, but now they will have to wait until at least June 11.

Most of you probably remember little Bailey Almon. She was the baby girl whose lifeless body was carried out by an Oklahoma City fireman outside of the Murrah Federal Building on April 19, 1995. Last night, her mother talked to us about how difficult this is.

(BEGIN VIDEO CLIP)

AREN ALMON KOK, MOTHER OF VICTIM: Oh, I was definitely surprised, disappointed, actually, when I heard of the news. We've been preparing ourselves, my husband and I, to go to the execution. That was not going to be an easy thing to watch somebody be put to death. So I was definitely disappointed and -- in the judicial system itself, and hopefully we'll be able to move past this and go on to the execution on the 11th of June. (END VIDEO CLIP)

TUCHMAN: Timothy McVeigh remains on death row at the U.S. Penitentiary in Terre Haute, Indiana. His father, Bill McVeigh, who lives in New York State, says he was prepared never to see his son again.

(BEGIN VIDEO CLIP)

WILLIAM MCVEIGH, TIMOTHY MCVEIGH'S FATHER: I think about Timmy, and that's the one before he went in the service. I call him Timmy, and he's Tim now. That's what I think about, when he was a kid and full of fun and everything else. And that's the one I think of.

(END VIDEO CLIP)

TUCHMAN: Bill McVeigh says if his son wants to see him, he will go visit his son. His son had told him about a week ago that he did not want to see his father again.

The execution was scheduled for exactly 96 hours from right now, but Timothy McVeigh now has 30 days to live, at least.

Miles, back to you.

O'BRIEN: All right, CNN's Gary Tuchman in Oklahoma City.

McVeigh's legal drama played out in Denver, Colorado. It was there that he was tried, convicted, and ultimately sentenced to death, and it is there that any appeal would be heard.

CNN's Gina London is there and has the latest from Denver. Good morning, Gina.

GINA LONDON, CNN CORRESPONDENT: Hi, good morning to you, Miles.

Well, that's right, this is the federal courthouse where Judge Richard Matsch has his chambers, and it is possibly there where he would hear any legal motions that might be filed by his defense attorneys. Now, one of his defense attorneys, Nathan Chambers, has one of his offices here in Denver, and it is at that office, Miles, where that package from the FBI came Thursday morning, that package, of course, including the 500 documents newly released from the FBI, 3,000 and some pages that now Nathan Chambers and the other defense attorneys, the team has to go through.

Now, of course, they have more time to go through because of Attorney General John Ashcroft's decision to delay the execution until June 11. But they still have so much meticulous research they have to go through, not only just carefully examining what is in the contents of all of these pages, but also what, perhaps, could be any legal avenues they may follow as a result of going through these.

Now, while they go through all of this, of course, the attorney, Nathan Chambers, he told us that he is keeping in contact with his client. (BEGIN VIDEO CLIP)

NATHAN CHAMBERS, TIMOTHY MCVEIGH'S ATTORNEY: The only thing I can tell you at this point about Mr. McVeigh's reaction and state of mind is that he is aware of the circumstances, as much as he can be at this point, and that he will consider all his options. And he wants to make an informed decision.

(END VIDEO CLIP)

LONDON: And right now, of course, the attorneys are having their extra time to go through this. They've also said that they won't make any decision without the approval of McVeigh. They're also telling us, Miles, that they are not planning on filing any sort of a motion over the weekend, even not Monday.

However, the spokesman for the court here also tells us that this is really considered a 24-hour operation. He is on call, Judge Richard Maitch is standing by, notified that if anything does happen, they would take even an overnight filing -- Miles.

O'BRIEN: CNN's Gina London in Denver, thanks very much.

The delay comes as a blow not only to those who welcome the execution but those who also dreaded it. Here's some more of what Timothy McVeigh's father had to say.

(BEGIN VIDEO CLIP)

MCVEIGH: This has probably been the worst day I had since the day I found out my son was involved in the bombing.

UNIDENTIFIED MALE: And how so? I mean...

MCVEIGH: Well, it's just been busy, it's one news reporter after another, one telephone call after another. And it's -- ain't stopped.

UNIDENTIFIED MALE: How difficult has it been, besides just been bothered by all of us, as far as just being prepared for your son to die next week, and now having it postponed to who knows when now?

MCVEIGH: Yes, that's difficult. It's 30 more days or so for Tim, but it's tough for the family.

(END VIDEO CLIP)

O'BRIEN: William McVeigh also says the FBI foul-up may well have been an innocent mistake, but he also says during his son's trial, defense attorneys complained to the judge that records and documents were missing.

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