Return to Transcripts main page

American Morning

McVeigh Execution Postponement Hearing Set for Wednesday

Aired June 01, 2001 - 09:02   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: The stage is set for a new legal battle between Oklahoma City bomber Timothy McVeigh and the government. A hearing is set for next Wednesday on McVeigh's request to postpone his date with death.

CNN's Susan Candiotti is joining us from Terre Haute, Indiana, with details.

Susan, good morning.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Daryn.

Through his lawyers, Timothy McVeigh says, Yes, I was prepared to die, but now I want to fight. A matter of principle, he calls it. So next Wednesday that battle will be waged before trial Judge Richard Matsch, in Denver, Colorado. McVeigh's lawyers will argue their case that the government fraudulently withheld evidence from them, and they want an indefinite stay of execution.

(BEGIN VIDEO CLIP)

RICHARD BURR, MCVEIGH ATTORNEY: What has been turned over and what has not been turned over, together, create a tapestry of what we believe is a fraud on the court perpetrated by the government. If we are allowed by the court to explore that fully, we believe we will then be in a position to argue that he did not get a fair trial and should have a new trial.

(END VIDEO CLIP)

CANDIOTTI: But will they get a new trial? That's a goal that's a long way off. First, McVeigh would have to win a stay of his execution June 11. The Justice Department will argue against it, and it denies it tried to undermine McVeigh's defense.

(BEGIN VIDEO CLIP)

SEAN CONNELLY, U.S. ATTORNEY: ... categorically deny that there has been any fraud in the court. The fraud-in-the-court theory, we submit, is an attempt to circumvent the legal requirements of the 1996 law that limits petitioners in the position of Timothy McVeigh to a showing of actual innocence if they wish to avoid a death sentence.

(END VIDEO CLIP) CANDIOTTI: The two sides will make their case before trial Judge Richard Matsch on Wednesday, five days short of McVeigh's scheduled execution.

Back to you, Daryn.

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

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com