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American Morning

McVeigh Lawyers Push for Stay of Execution

Aired June 06, 2001 - 09:03   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.
LINDA STOUFFER, CNN ANCHOR: Five days before he is scheduled to die, lawyers for Timothy McVeigh are fighting to postpone his execution. But federal prosecutors say there's no reason for a delay. Well, a hearing begins in just about two hours on this.

CNN's Susan Candiotti joins us, live now, from Denver with all the details.

Good morning to you, Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Linda.

That hearing will decide whether convicted Oklahoma City bomber Timothy McVeigh lives or dies on Monday. The senior jurist making that call, 71-year-old Richard Matsch. Actually, he turns 71 this week. By now, he has read all of the written pleadings, the arguments and the counter claims. He will not be happy that this matter has come before him again, but he'll be ready to answer - ask any questions that he has.

The government argues Timothy McVeigh is proven guilty, now admits he's guilty and because of the FBI's admitted blunder, wants to put the U.S. government on trial. Government does not want a stay of execution. The defense argues the government committed fraud upon the court by failing to turn over more than 4,400 pages of material it did not turn over before trial. And now the defense says that in those documents they have discovered about 360 names of people they have never heard of before.

(BEGIN VIDEO CLIP)

CHRIS TRITICO, MCVEIGH'S ATTORNEY: The issue right now is not guilt or innocence. It's not actual innocence. Is -- it's was the constitution upheld for Mr. McVeigh? And once we determine if some relief is necessary, then we'll worry about that.

(END VIDEO CLIP)

CANDIOTTI: The government insists there is nothing in any of those documents that casts any doubt on McVeigh's guilt. As you know, that hearing is scheduled to begin in just a couple of hours from now. A decision should - could - should come relatively soon thereafter. The judge knows that he must allow some time for any appeals that might follow. And that hearing, again, is set to begin in just two hours from now.

Linda, back to you.

STOUFFER: And, Susan, when we get a decision, would we expect to get a date if there is a postponement?

CANDIOTTI: I'm sorry, when we get the decision - what was that?

STOUFFER: Would we get some sort of a date if there is a postponement for the execution - a target date?

CANDIOTTI: Well, it's unclear. There are some analysts that seem to think that the judge might leave a date open if indeed he decides to grant the stay of execution. That would be to allow time for additional hearings at which point the defense could put on evidence to say - to argue the point that they want a new trial -- back to you.

STOUFFER: Susan Candiotti with the latest on the McVeigh situation. Thank you.

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