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American Morning

McVeigh's Lawyers Could Ask for Another Execution Delay

Aired May 30, 2001 - 09:01   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: We're going to start with the developments that could delay Timothy McVeigh's execution even further. The convicted Oklahoma City bomber is expected to meet with his attorneys tomorrow, less than two weeks before he's supposed to be put to death.

CNN's Susan Candiotti joins us live. She is in Denver this morning with details.

Susan, good morning.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Daryn.

McVeigh's lawyers last met with him in Terre Haute on May 16, his original execution date, postponed by the Justice Department after the FBI's admitted document mess. Those lawyers plan to meet with McVeigh again Thursday morning to discuss a motion to ask a court to postpone the execution date, again.

McVeigh has been in close touch with his attorneys as they continue to review more than 4,000 pages of documents the Justice Department and FBI failed to turnover to him before trial. They plan to ask McVeigh to give his blessing to a motion seeking a delay of the June 11 execution date. That motion, if McVeigh approves it, would be filed here Thursday in Denver.

McVeigh's attorney, Rob Nigh, tells CNN: "Mr. McVeigh believes the information we have discovered is worthy of judicial review. We are optimistic that he will permit us to make a filing on his behalf."

The Justice Department reply: "The Department has reviewed the documents carefully, and we are prepared to defend McVeigh's conviction and the sentence that has been imposed."

And so on Thursday two developments on two fronts. First, that meeting between McVeigh and his attorneys in Terre Haute on death row on Thursday. And then shortly thereafter, his attorneys would plan to file a motion here in court before trial Judge Richard Matsch also on Thursday.

Daryn, back to you.

KAGAN: Susan, a lot of people out there are just going to think this is Timothy McVeigh trying to control and manipulate the system so he decides when he dies rather than the government.

CANDIOTTI: Well, certainly the government automatically postponed his execution date after the discovery that all those documents had not been turned over to his lawyers. And his lawyers say they are now simply considering all the legal options they have before them. And one of the options is to ask the court for more time to review all of those documents and Mr. McVeigh, apparently, may be taking advantage of that. Then it will be up to trial Judge Richard Matsch to decide what happens next.

KAGAN: Susan Candiotti in Denver, thank you. We will look for more on that tomorrow.

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