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American Morning

McVeigh Execution: Deadline Day for Prosecution Response

Aired June 04, 2001 - 11:05   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.
LEON HARRIS, CNN ANCHOR: In the Oklahoma City bombing case, today is deadline day for prosecutors. They have until late this afternoon to reply to Timothy McVeigh's request to have his June 11 execution delayed.

Joining us now from Denver with the very latest from there is CNN's Gina London -- Gina, good morning.

GINA LONDON, CNN CORRESPONDENT: Good morning to you, Leon.

Now, of course, all of this is in preparation for Wednesday here in the building behind me, the courthouse where each side will argue about the case about why or why not they -- there should be another reprieve for Timothy McVeigh as far as that execution is set, again, just from a week from today, in fact.

Now, last week, this is the extensive motion that was filed by the defense, McVeigh's attorney asking for that stay of execution. Also, in this, they make a lot of other points, including that claim that there was a fraud upon the court by the government by the prosecution. So that is why, legally, with this written motion, there is time for a written response from the government, from the prosecution.

And, as you mentioned, it has until 5:00 Denver time -- or 7:00 over there on the East Coast -- in which to answer the claims in here, refute them and say why the prosecution believes there should not be a stay execution. All of this, again, is going to be hammered out on Wednesday before federal Judge Richard Matsch. Now, he is the judge who has been presiding over this since the trial. And he is the person who will make the decision on this at this level.

Now, it's interesting to point out when he makes his decision on whether or not to stay Timothy McVeigh's execution, either side may and is likely to appeal.

HARRIS: All right, thanks much, Gina London, reporting live from Denver.

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