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American Morning

McVeigh Execution: Time Running Out

Aired June 07, 2001 - 09:01   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: Let's talk about another fight right now: Tim McVeigh's fight in the courts and against the clock. McVeigh's lawyers say that they will file an appeal today of a judge's decision to deny a stay of execution. This latest legal effort comes just four days before the convicted Oklahoma City bomber is to be put to death.

Our Susan Candiotti joins us now, live, from Denver. She's got the latest from there.

Good morning, Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Leon.

Because they want to get an early start on the day, lawyers representing Timothy McVeigh plan on filing their brief with the Tenth Circuit Court of Appeals here in Denver within the hour. The idea is to give this court as much time as possible to study their argument. I am told that the petition is less than 20 pages long.

Now, the lawyers hope they will fair better with this court than they did with trial Judge Richard Matsch who refused to grant Timothy McVeigh a stay.

(BEGIN VIDEOTAPE)

(voice-over): Defense wanted more time to look into whether others may have helped Tim McVeigh bomb the Oklahoma City Federal Building. But trial Judge Richard Matsch ruled -- quote -- "It will not change the fact that Timothy McVeigh was the instrument of death and destruction." He refused to delay his execution.

SEAN CONNELLY, PROSECUTOR: Judge Matsch's ruling was a powerful and eloquent statement, not only about the law associated with this case, but about the tremendous harm and devastation caused by Timothy McVeigh. Judge Matsch found that for anybody that sat through the evidence and heard the evidence at trial, there can be no doubt that Timothy McVeigh exploded a Ryder truck bomb outside the Alfred P. Murrah Federal Building on April 19, 1995, killing 168 men, women and children, and maiming and injuring scores more.

CANDIOTTI: Defense attorneys made no claim of innocence. Instead, they said the FBI mix-up in turning over all its documents was a fraud on the court. Not so, said the judge. There was no scheme, no improper intent. He said others could and should deal with the FBI for those mistakes.

ROB NIGH, MCVEIGH ATTORNEY: Of course, we are extremely disappointed in the court's ruling today. We will file on Mr. McVeigh's behalf, an appeal to the United States court of appeals for the Tenth Circuit and it is to that issue that we must turn our immediate attention.

(END VIDEOTAPE)

CANDIOTTI: McVeigh has told his lawyers to keep filing up the legal ladder. He continues to call the shots. But, if he loses his appeals, he will lose his life Monday morning -- Leon.

HARRIS: All right. Thank you, Susan. Susan Candiotti reporting, live, this morning, from Denver.

DONNA KELLEY, CNN ANCHOR: McVeigh's attorneys say that it will be up to him to decide how far to go with the appeals. The convicted Oklahoma City bomber is at a federal prison awaiting his fate.

And CNN's Jeff Flock joins us with a live report from Terre Haute, Indiana, where McVeigh is being held -- Jeff.

JEFF FLOCK, CNN CORRESPONDENT: Good morning to you, Donna. Good to see you.

Indeed he is here at the federal penitentiary in Terre Haute. And in about two hour's time, we expect his attorney -- one of his attorneys, Nathan Chambers, who came to Indiana overnight, will come to the prison for a face-to-face meeting with him. Some have questioned why there would be the need for the face-to-face meeting. Susan Candiotti has reported the attorneys have been given by McVeigh the authority to go ahead with these appeals. But, as you point out, it is in Tim McVeigh's hands and he could call a halt to it all anytime he wants to and potentially at this meeting this morning.

What is next for him? Well, let's run it down again just so that we're clear. First, the federal appeals court move. That would be at the Tenth Circuit. As Susan reports, they are close and ready to do that now, provided he doesn't pull that back. Then, if that fails, on to the Supreme Court which could hold it up. And if that fails, then, of course, the execution which now is still set for Monday, 7:00 a.m. local time, 8:00 a.m. Eastern Time, is when it would take place.

Again, Mr. Chambers now making his way to the prison. Perhaps you see behind me the microphones ready to potentially hear from him. He did not have much to say when he came to Indiana overnight, saying that he knew it was an uphill battle, but he was looking forward to talking to Mr. McVeigh. And would say nothing about Tim McVeigh's demeanor, at the moment, or what he thinks he may have to say to him. So I guess we'll wait and see.

Back to you.

KELLEY: Jeff, I don't know if you have access to this information or not, but other than his attorneys, is Tim McVeigh getting any visitors -- people coming to see him? His dad saw him before, but is anybody else coming to see him at this point?

FLOCK: At this point, we're into the window where there are -- there's a limitation on visitors. At this point, my understanding is that in this window that we're in right now spiritual advisers are OK for face-to-face meetings, attorneys, family members -- immediate family members and Bureau of Prison's officials. Those are the only people permitted. News members -- members of the news media and others, at this point, not in the window any longer. So beyond the attorney, though, we have no indication that any family members have visited.

KELLEY: OK. Jeff Flock in Terre Haute, thanks -- Leon.

HARRIS: Well, Donna, you mentioned his father, and then Tim McVeigh's father says that he is disappointed but he is not surprised by the judge's decision to deny a stay of execution. Bill McVeigh followed television coverage of the ruling, yesterday, from his home in Pendleton, New York. He says his son will be executed sooner or later, but he says -- quote -- "I think the longer he lives the better. It's easiest on me, but it's going to happen eventually."

Well, some relatives of Oklahoma City bombing victims see McVeigh's execution as the only real justice in this case, but not all of them feel that way. And ahead this hour, we will hear from two victim's relatives with opposing views on McVeigh's death sentence, so stay with us on that.

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