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CNN Live At Daybreak

McVeigh Execution: More Legal Drama

Aired June 07, 2001 - 08:07   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.
CAROL LIN, CNN ANCHOR: Still another legal drama, this time in Denver today: more court proceedings for Oklahoma city bomber Timothy McVeigh. They come after a federal judge there denies a stay of execution. McVeigh's attorneys plan to challenge that ruling.

(BEGIN VIDEO CLIP)

NATHAN CHAMBERS, MCVEIGH ATTORNEY: It's an uphill climb when you get in the appellate courts. But we're not going to prejudge it -- and let the courts make their decision.

(END VIDEO CLIP)

LIN: With more now on the legal maneuvers, CNN's Susan Candiotti in Denver -- Susan, where does this case go now?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Carol.

In just a couple of hours, attorneys representing Timothy McVeigh will file their latest argument for arguing for a stay here at the 10th Circuit Court of Appeals. The lawyers tell me they worked until midnight last night fine-tuning their legal brief. And it will be short, less than 20 pages long. It's to the point.

A three-judge panel will consider the petition. And then that court could ask the government for a written reply. It could order a hearing. Or the appeals court could simply issue a written order. If McVeigh does not win a stay at this level, he could turn his attention to (AUDIO GAP) where Justice Steven Breyer would steer his petition for a stay. If he does not win at that level, Mr. McVeigh's execution will go on as scheduled Monday morning in Terre Haute, Indiana.

Now, on Wednesday, McVeigh's attorneys lost an attempt to earn more time to argue fraud upon the court: that the government intentionally held back FBI records that could have made a difference in the penalty phase of the trial. They wanted to reopen an appeal filed last year arguing that they would have made a different argument if they had had the FBI information at that time.

However, trial judge Richard Matsch ruled that the evidence is so overwhelming against Timothy McVeigh that that would not have made a difference. Now, we do understand from the lawyers that Timothy McVeigh has given them their full go-ahead to move forward with these appeals here at the 10th Circuit. And then they will readdress the situation with Timothy McVeigh. If he is not successful here, it will be up to him to decide whether to proceed to the U.S. Supreme Court.

It is possible Mr. McVeigh could decide not to do so in order to give himself more time to prepare for the execution -- back to you, Carol.

LIN: All right, thank you very much, Susan Candiotti, with the latest from Denver.

Still to come, we are going to hear from bombing survivors and victims' families in Oklahoma City. We are going to talk with a lawyer who successfully prosecuted Timothy McVeigh and Terry Nichols, and with a former McVeigh defense attorney.

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