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American Morning

Next Step in the Case of Timothy McVeigh

Aired June 01, 2001 - 10:04   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 turn our attention now to the Timothy McVeigh case. The convicted Oklahoma City bomber's fate is now in the hands of a federal judge. McVeigh yesterday gave his attorneys the go-ahead to seek a stay of his June 11 execution. Lawyers for McVeigh contend that the government withheld evidence that could have helped their client. They say it amounts to fraud. The prosecution denies that claim.

(BEGIN VIDEO CLIP)

ROBERT NIGH, MCVEIGH ATTORNEY: The FBI was asked apparently on 16 prior occasions to produce every witness statement in connection with the bombing investigation and apparently on 16 separate occasions they failed. Based upon that, I have no confidence whatsoever in any assertion that they might make at this point that everything has been produced.

SEAN CONNELLY, U.S. ATTORNEY: The fraud in the court theory, we submit, is an attempt to circumvent the legal requirements of the 1996 law that limit petitioners in the position of Timothy McVeigh to a showing of actual innocence if they wish to avoid a death sentence. There is no basis to go into court and we will respond that way on Monday when we are ordered to do so by the court.

(END VIDEO CLIP)

KAGAN: It will be up to U.S. District Judge Richard Matsch to decide whether to grant a stay. A hearing is scheduled for Wednesday morning. For a little more perspective on the McVeigh case, we're joined by Viveca Novak, "TIME" magazine's justice correspondent. Viveca, good morning. Good to see you again. Actually, I don't know if we have -- Viveca, can you say good morning one more time? I don't know if we have your mike working. We do not. OK. Why don't we take a break, work on your microphone and be back after this.

(COMMERCIAL BREAK)

KAGAN: All right, we apparently have addressed our gremlins in audio land and we can talk with Viveca Novak from "TIME" magazine. Viveca, good morning once again.

VIVECA NOVAK, "TIME": Good morning, Daryn.

KAGAN: Very good to be hearing you. We brought you in to talk about the Timothy McVeigh case and what happens from here. What's the next step?

NOVAK: Well, by Monday the government has to have a response filed to Tim McVeigh's request for a stay in court and then on Wednesday there's going to be a hearing on the request.

KAGAN: So much unusual about this case, among it, Timothy McVeigh participated in a book in which he confesses to the crime, boasts about some aspects of it. Could that be used in any of these arguments or perhaps in a future trial or could those authors be called as witnesses?

NOVAK: Well, it's certainly something the government is going to raise in opposing his request for a new trial or a new sentencing. His lawyers are maintaining that because he never said it in court and nothing like that was ever said in court that it doesn't matter, it's only the proceedings in court that count here.

KAGAN: What about Judge Matsch, who will, who's in charge here? This is kind of a no nonsense kind of man, isn't he?

NOVAK: Yes, he is. He's very no nonsense. He's very quick. He's a quick study. And so I think we can expect that after the hearing on Wednesday he's going to rule very quickly.

KAGAN: What exactly do you think Timothy McVeigh and his lawyers are trying to do here? I mean besides delay the execution, this goes against what he said he wanted to do and kind of get it over with and bring it on. It could end up watch out what you wish for and he could end up spending his life in prison.

NOVAK: Well, it's possible. On the other hand, I believe that some small part of Tim McVeigh enjoys seeing the government twisting in the wind like this and having these difficulties with the case after it looked like a slam dunk for the government. They got a conviction very quickly, remember, with overwhelming evidence.

But the problems with the case are significant. People have lost faith in the FBI as a result. Remember, this is someone, the whole purpose of his blowing up the federal building, it was an anti- government act and as a result, I think that, you know, some small part of him is saying, you know, I think we need to hold the government accountable here and he doesn't mind the fact that people are losing faith in the government.

KAGAN: If nothing else, we should expect this quick pace to keep up and see some decisions next week.

NOVAK: Well, we may see a decision next week, if not very shortly thereafter.

KAGAN: Viveca Novak, "TIME" magazine, thanks for joining us. Good to have you with us.

NOVAK: Good to be with you.

The government stand-off in Waco, Texas came up in Timothy McVeigh's trial and now it's in the news again, the "Washington Post" reporting that former Senator John Danforth says the FBI was uncooperative in his probe of the 1993 stand-off, so much so, in fact, that the former senator says he threatened to get a search warrant to obtain relevant documents. Danforth was special counsel on the case. He conducted a 14 month investigation to determine whether the FBI started the fire that led to the deaths of dozens of Branch Davidians. The investigation concluded the FBI was not at fault.

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