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American Morning

Government Says McVeigh's Plea for Stay Unjustified

Aired June 06, 2001 - 10:01   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.
LEON HARRIS, CNN ANCHOR: We begin this hour with the case of Timothy McVeigh and a court hearing that could keep the executioner at bay. In less than an hour from now, lawyers for the Oklahoma City bomber will ask a judge to delay his execution, which is now scheduled for next Monday. Our Susan Candiotti is standing by in Denver, where that hearing is going to be held.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Leon. Now, less than five days away from his scheduled execution, McVeigh's lawyers will try to persuade a judge to delay his death, and all Timothy McVeigh can do is sit and wait in his cell on death row in Terre Haute, Indiana. He can be in touch with his lawyers on the telephone, but also has access to cable TV. So, theoretically, he could be watching the news of today's hearing as soon as it is over.

Now, the government argues that McVeigh has no valid claim of innocence, that has charges that the FBI intentionally withheld evidence that could have implicated others besides McVeigh and Terry Nichols are baseless. The defense claims this boils down to simple fairness. McVeigh's lawyers telling the judge that they need more time to review all those FBI documents turned over to them just days before McVeigh's original execution date, and that if the defense had more time, they could prove to the court that McVeigh deserves a new trial.

(BEGIN VIDEO CLIP)

CHRIS TRITICO, MCVEIGH ATTORNEY: The issue right now is the same as it's always been, and that is the Constitution works for every citizen and it doesn't matter if it's Timothy McVeigh or somebody charged with a simple DWI. The Constitution works for everybody. If it's wasn't upheld here, then Timothy McVeigh is entitled to some relief.

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CANDIOTTI: The government says enough, that Timothy McVeigh, convicted of the worst terrorist act on U.S. soil and someone who has admitted his guilt outside the courtroom, deserves no more postponements.

Back to you, Leon.

HARRIS: All right, Susan Candiotti standing by for us there outside the courtroom in Denver. Thank you.

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