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American Morning

Lawyers for Timothy McVeigh Would Delay Execution

Aired May 30, 2001 - 10:02   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: Timothy McVeigh is scheduled to die on June 11, but his lawyers say, Not so fast. They're now crafting a legal argument to further delay the convicted Oklahoma bomber's execution. The rest will be up to McVeigh.

CNN's Susan Candiotti joins us once again from Denver, with the latest on the case.

Susan, good morning, again.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Daryn.

If Timothy McVeigh signs off on a motion seeking to delay his execution June 11 -- and his attorneys are optimistic that he will -- in fact, that motion would be filed before trial Judge Richard Matsch here in Denver.

One of the things the attorneys have been working on is reviewing more documents, and they might ask for more time to review those documents, more than 4,000 pages of material turned over to them by the FBI -- material that they had not seen before trial.

One of McVeigh's former attorneys, Jeralyn Merritt, says things should start happening quickly.

(BEGIN VIDEO CLIP)

JERALYN MERRITT, FORMER MCVEIGH LAWYER: It's likely that something would be done next week.

CANDIOTTI: What do you think the likelihood is of a stay being granted, at the very least to allow the lawyers more time to review?

MERRITT: I think that is totally going to up to Mr. McVeigh, as to whether he wants one. His lawyers have said he will decide by Friday. They are going to meet with him in Indiana. They will probably have the papers for a stay prepared and ask him to approve them. If Mr. McVeigh approves, his lawyers requesting a stay, I believe they will file the request, and I believe it has a good chance of prevailing.

CANDIOTTI: Why do you think they have a good chance?

MERRITT: Because I think it would be unreasonable to expect lawyers not only to evaluate, but also investigate 4,000 pages of material in under a month. I also think with the new allegations that they purposely withheld exculpatory information in various FBI field offices, and the lawyers believing that they may not to date have all the information would justice a stay -- this is an execution; this is death -- death is different.

CANDIOTTI: What's the rush?

(END VIDEO CLIP)

Again, McVeigh's lawyers plan to meet with him at the federal prison in Terre Haute on Thursday. The last time they met with him there was May 16, McVeigh's original execution date. His lawyers are hopeful they will get McVeigh to agree to sign off on that other motion, seeking to delay the execution again, but once more the decision lies with Mr. McVeigh.

Back to you -- Daryn.

KAGAN: Susan Candiotti, in Denver, thanks.

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