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American Morning

McVeigh Considering Challenge to Death Sentence

Aired May 14, 2001 - 10:37   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.
DARYN KAGAN, CNN ANCHOR: Lawyers for Timothy McVeigh say that the Oklahoma City bomber is still mulling over a possible challenge to his death sentence. McVeigh's attorneys are now combing over thousands of pages of material that the FBI failed to give the defense prior to trial. Attorney General John Ashcroft postponed Wednesday's scheduled execution until mid-June. But he tells a daily Oklahoma newspaper he will not extend that date even if McVeigh's attorneys ask for more time.

Lawmakers on Capitol Hill are considering hearings to investigate this latest embarrassment to the FBI.

LEON HARRIS, CNN CORRESPONDENT: For the latest on this developing story, let's go now to its epicenter. CNN national correspondent Martin Savidge is standing by in Oklahoma City with the latest -- Martin?

MARTIN SAVIDGE, CNN CORRESPONDENT: Well, Leon, one of the greatest fears for the people of Oklahoma City, and especially the victims' families, is that all of this could somehow lead to a new trial for Timothy McVeigh. And it's an issue that even McVeigh's own attorneys have alluded to as a possibility. However, one of the co- prosecutors in the original trial for Timothy McVeigh that was held in Colorado, that is Pat Ryan, he believes that the attorneys would probably have to go before, again, federal Judge Matsch and he thinks the likelihood of Judge Matsch granting that new trial is a fairly slim opportunity.

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PATRICK RYAN, FMR. MCVEIGH PROSECUTOR: He could go before Judge Matsch and he could present the information about new evidence in the case and ask the court to grant him a new trial. But the legal standard for that is very, very high. Essentially he would have to prove that he would not have been convicted if he had had the evidence that is now being provided. That's an impossible standard for him to meet.

(END VIDEO CLIP)

SAVIDGE: Of course, the attorneys for Timothy McVeigh might disagree with that. Robert Nigh is one of those attorneys and he is saying these days that he is not ready to fully accept the explanation on the part of the FBI as to why these documents were delivered to him at essentially the 11th hour.

(BEGIN VIDEO CLIP)

ROBERT NIGH, MCVEIGH ATTORNEY: I won't accept anything until there's a complete review of the facts concerning how this could have happened, when the documents were discovered and why it was that they were not produced to us until literally five days before Mr. McVeigh was to die. Until there is a complete exploration of those questions and some very concrete answers to those questions, I'm not willing to accept anything.

(END VIDEO CLIP)

SAVIDGE: How do the people of Oklahoma City these days feel about the FBI? Well, they are frustrated. They admit that. But they're also complementary somewhat of the federal investigative body. They believe that it was courageous of them to come forward with these documents at the last minute knowing full well that they would be open to all sorts of criticism. They would simply like to see this case resolved one way or another -- Leon?

HARRIS: All right, thanks, Marty -- Martin Savidge in Oklahoma City.

On a related note, convicted fellow co-conspirator Terry Nichols has used this FBI documents revelation as the basis for a request to the U.S. Supreme Court. Attorneys for Nichols, who is serving a life sentence right now, have asked the Supreme Court to reconsider an appeal. This, in light of the FBI's failure to turn over all relevant documents. Specifically, Nichols' defense team says the papers concern the FBI's search for a mysterious suspect, the one dubbed John Doe No. 2.

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