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American Morning

McVeigh Mulls Over Challenge to Death Sentence

Aired May 14, 2001 - 11:22   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.
LEON HARRIS, CNN ANCHOR: Timothy McVeigh's attorneys say the convicted Oklahoma City bomber is still mulling over a possible challenge to his death sentence. His execution has been delayed from this coming Wednesday to June 11, this after it was revealed the FBI had failed to give the defense team thousands of pages of material prior to his trial. McVeigh's lawyers are now combing through those documents. In the meantime, Attorney General John Ashcroft tells the "Daily Oklahoman" newspaper that he will not extend the date of June 11 even if McVeigh's legal team asks for more time.

Joining us now from Indianapolis is Larry Mackey. He was a prosecutor in the case against Timothy McVeigh, as well as in the Terry Nichols case. We thank you for your time this morning. And I know you have got to be somewhat disappointed in the way this has played out in the last week or so.

LARRY MACKEY, FORMER MCVEIGH PROSECUTOR: It's been an unfortunate development. The regret I have today is no different from last week when we first learned of this development. My heart goes out to the victims in Oklahoma City, who have really been on a torturous ride for the last six years. And regrettably, this has come up last minute and to through the question of the timing of the execution of Tim McVeigh.

HARRIS: OK, how likely do you think this is going to lead to a retrial here in the McVeigh case?

MACKEY: I think it's virtually certain that it will not. Remember, there are two sources of information to gauge the proof against Tim McVeigh. One was the evidence that the jury heard in Denver now four years ago, characterized by many as absolutely overwhelming.

And second, and since then, is Tim McVeigh's own words printed in a book proudly published as far as he's concerned only a few weeks ago where he took sole responsibility for the murders of those 168 individuals.

HARRIS: I know you say that the case was overwhelming as it was presented in court. But to play devil's advocate here, wouldn't it be easy to convince a jury that perhaps there was some sort of a government jiggering of this case if in this case you alleged that the FBI did not necessarily by accident, this was a malicious act -- it was an intentional act by the FBI to keep these documents and whatever else they may be holding onto from getting in the courtroom?

MACKEY: Well, that kind of defense was pursued by Tim McVeigh. He had a team of at times 18 lawyers. So every conceivable defense was launched. He had a vigorous defense at trial, a vigorous defense on appeal. His conviction was sound.

HARRIS: Have you seen these documents that have been in the news lately?

MACKEY: I have not and have to rely upon my conversations with department lawyers and a letter that's been made public characterizing them in large measure simply being reports of identifications of the now famous John Doe two, an individual again who Tim McVeigh's book makes clear was a mystery that simply does not exist.

HARRIS: What about in the Terry Nichols case? Do you think there's a chance here that this could lead to his case being retried?

MACKEY: Not at all. It's similar to a challenge that the Nichols defense team made at close of their conviction. Once again, they're in the process of evaluating it. There might be motions, but from what I know about the nature of the evidence, I predict no difference in the outcome of the Nichols case either.

HARRIS: All right, so since were you surprised to see that the FBI had kept these documents from making their way into the courtroom here, is there any concern at all in the back of your mind that there may be something else the FBI has not told you or either side in this case were turned out?

MACKEY: Well, you can be sure that those kind of hard questions began to be asked not too long ago. And the FBI management with whom I dealt in the course of putting together the case against this country's most horrific terrorist were dead set on making sure that all the rules of law were complied with, that they had investigated it thoroughly, and that all the proof ultimately was presented to defense.

I'm sure they are not proud of this recent development. I'm equally sure that they're going to get to the bottom of it and they'll make changes as result.

HARRIS: You are betting then that the nation will not have to go through another trial for either of those two men?

MACKEY: I don't bet. But I feel very, very certain that nothing about this development will change the outcome of Tim McVeigh case.

HARRIS: All right, we shall see. Thank you very much for your time this morning, Larry Mackey in Minneapolis. Take care.

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