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American Morning

McVeigh to Decide Whether to Seek Stay of Execution

Aired May 31, 2001 - 09:05   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.
STEPHEN FRAZIER, CNN ANCHOR: Now to another high-stakes, high- profile legal matter and this one is the meeting today between Oklahoma City bomber Timothy McVeigh and his attorneys. At issue: whether McVeigh will ask for another postponement of his execution.

CNN's Susan Candiotti is live in Terre Haute, Indiana, where McVeigh is being held.

Susan, good morning.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Stephen.

Timothy McVeigh's lawyers fully expect their client to give them the green light to go ahead and file in court today in Denver for a stay of execution. Mr. McVeigh will receive his lawyers as visitors this morning at this federal prison in Terre Haute, Indiana. It is a rainy day here and media campers and trailers have been set up here for weeks and weeks in anticipation of McVeigh's original execution date May 16, which, you will recall, was postponed by the government just five day before the execution date after the FBI admitted that it failed to turn over documents to the defense - more than 4, 000 pages of material that they had not seen before trial.

Now, Mr. McVeigh, no fan of the FBI, has indicated to his lawyers that he thinks that all those documents are - quote -- "worthy of judicial review" and that, at the very least, a judge should grant them a stay so that they have more time to review those documents. U.S. Attorney General John Ashcroft has said that he will vigorously oppose any further delay of the execution. But ultimately, if indeed that motion is filed, it will be up to trial Judge Richard Matsch to decide what to do. If Mr. McVeigh tells his lawyers they should file that motion today, that paperwork would go before Judge Matsch and the next move would be up to him.

If indeed Timothy McVeigh is granted a stay of execution, he will no longer have the distinction, as it were, of being the first federal prisoner to be executed since 1963. That would be Juan Raul Garza, who is scheduled to be executed on June 19. He was convicted in 1993 for his participation and direction of a marijuana smuggling ring that resulted in the murderers of at least three people. Now, an appeals court in Texas only yesterday, on Wednesday, denying Mr. Garza's request for a further stay of execution.

Back to you, Stephen. FRAZIER: Susan, one question before we let you go: Does the stay automatically come, if it's granted, with a new date?

CANDIOTTI: That is unclear. All of that would be up to the judge. He might decide to schedule a hearing, at which he would most likely ask the lawyers, do you have a particular timeframe in mind? How much time do you need to complete review of these documents? So we'll have to wait and see what happens next.

FRAZIER: From Terre Haute, Susan Candiotti. Susan, thank you.

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