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American Morning

McVeigh May Seek Execution Delay

Aired May 31, 2001 - 11:01   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 are going to start in Indiana, where lawyers for Timothy McVeigh huddle with their condemned client at this hour. They are seeking McVeigh's go-ahead to file a motion to delay his June execution. CNN's Susan Candiotti is outside the federal prison in Terre Haute -- Susan, good morning once again.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning to you, Daryn. Timothy McVeigh's lawyers arrived here at the federal prison in Terre Haute to meet with their client just about 15 minutes ago and expect to spend a couple of hours with him. They took with them a copy of the motion that they would like him to give them the green light on to file with the federal court with trial judge Richard Matsch in Denver. This would be a request for a stay of execution.

Just before the attorneys left their hotel to come here to the prison, I spoke with one of McVeigh's co-counsels, Richard Burr, who tells me that they do in fact have the paperwork with them, that he is in his words fairly optimistic that Timothy McVeigh will sign off on that motion. Mr. Burr says that he hopes that he does.

And he added that Mr. McVeigh, according to Burr is deeply concerned about police overreaching, as he put it, in particular the federal police overreaching, according to attorney Burr. And we now have that videotape to roll for you. Here is what Mr. Burr said a short time ago.

(BEGIN VIDEO CLIP)

RICHARD BURR, MCVEIGH ATTORNEY: Well, we'll be talking with Mr. McVeigh about how all of this looks to us now and based on the research we've done, both factual and legal. And then he'll be making a decision about whether to file something. We've drafted some papers to file that we hope he will agree should be filed. We think they should be.

UNIDENTIFIED FEMALE: How optimistic are you that he will sign off on your motion?

BURR: I am fairly optimistic. He is deeply concerned and always has been about police overreaching, particularly federal police. And this is a case where we now know partly that the FBI has done a lot of covering up, delaying things, not wanting to give over things. And our research suggests that there is a whole lot more than that and that they're not now being honest that they've given us everything. So we think it's very serious. We think he will take it very seriously. And it has been something that has been of great concern to him for a long time.

UNIDENTIFIED FEMALE: Will you ask for a specific amount of extra time before the court?

BURR: No, typically in death penalty cases when there is an execution date, you simply ask for the stay of execution until whatever proceeding is going on is over. Or...

(END VIDEO CLIP)

CANDIOTTI: That was McVeigh's co-counsel Richard burr. Now, the Justice Department, in response to all of this, has consistently said that it has turned over all materials, that nothing was kept back intentionally from Timothy McVeigh's defense team. And they also insist that there is nothing in any of these documents turned over to the defense that raises any doubts about Timothy McVeigh's conviction in the Oklahoma City bombing.

The lawyers expect to spend some time with their client. If indeed he gives them the green light, a short time thereafter the motion will be filed with trial judge Richard Matsch in Denver. And then it will be up to Judge Matsch to decide whether to ask for a written response from the government and possibly schedule a hearing to determine what will happen next. All of this will have to happen quickly because, as you know, McVeigh's execution is scheduled for June 11.

Back to you, Daryn.

KAGAN: Susan Candiotti in Terre Haute, Indiana, thank you.

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