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American Morning

Supreme Court Considers Death Penalty Cases of McVeigh, Penry

Aired June 04, 2001 - 10:30   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.
LEON HARRIS, CNN ANCHOR: Right now, we want to go to Washington. Our Charles Bierbauer is standing by now with the latest developments coming out of the Supreme Court -- Charles.

CHARLES BIERBAUER, CNN CORRESPONDENT: Leon, we need to talk a little bit about what the court has done with regard to the death penalty case in Texas, and also with regard to Terry Nichols, who has been sentenced to life in prison in regard to the Oklahoma City bombing.

Just to make that perfectly clear, what the court has done in the Terry Nichols case: Nichols asking for an additional and a new trial. The court has asked the solicitor general's office in the Department of Justice to give us its opinion as to whether a new trial is warranted here. They've given them 30 days to do that. So this is a rather inconclusive move at this point, but there is more time, since Terry Nichols is not facing an imminent execution date. That's a little bit different from the McVeigh situation.

We do know that the attorney general, Mr. Ashcroft, has indicated that he doesn't think there's anything in all those FBI documents that would change the case for McVeigh, and presumably, one might think that the Department of Justice would say much the same thing with regard to Terry Nichols, but nothing conclusive has happened in that instance, here at the Supreme Court today.

With regard to the death penalty down in Texas, Johnny Penry will get a new sentencing hearing. Penry was convicted in a murder more than 20 years ago, but he is considered slightly mentally retarded, and the question is is should that be a mitigating circumstance against the death penalty.

For the second time -- the first time being 12 years ago -- the Supreme Court has told Texas that its jury instructions were muddled, that no right-thinking jury could have come to a reasonable conclusion, because it was given contradictory information as to what its options were and would have presumed it only had the option of sentencing Johnny Penry to death if he was considered a danger to society. The court saying it must take another look, it must clear up its instructions.

So Johnny Penry will stay on death row until a Texas jury takes another look at it. But we also need to point out that in Texas they are considering a law that would make it illegal to execute those who are mentally retarded. That could come into play, but at a later point -- Leon.

HARRIS: Charles, before we let you go, I want to ask you about one other case the Supreme Court is also looking at, a case about mistreatment in the workplace. What have you heard about that?

BIERBAUER: Workplace discrimination. This is a case that involves DuPont and sexual harassment. It's kind of a fine point as to whether something which is known as an advance payment is considered deductible against the caps on damage charges. It gets into the fine print of what can be limited under damages in a sexual harassment case. It does not affect the law itself with regard to sexual harassment -- Leon.

HARRIS: Thanks much, Charles, Charles Bierbauer reporting live this morning, from in front of the Supreme Court, in Washington.

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