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CNN Wolf Blitzer Reports

Timothy McVeigh Considering Asking for Stay of Execution

Aired May 29, 2001 - 20:00   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.
WOLF BLITZER, CNN ANCHOR: Tonight, a dramatic development in the Oklahoma City bombing case. Will Timothy McVeigh's execution, once again, be delayed?

A federal jury convicts four followers of Osama bin Laden, for the twin U.S. embassy bombings in Africa that killed 224 people.

The Supreme Court hands disabled Americans a huge victory, ruling that Golfer Casey Martin may ride in a cart during tournaments. I'll ask golf legend Greg Norman what this does to the game.

And can your town display the Ten Commandments? The court weighs in.

President Bush steps into the lions den, talking energy policy in energy-starved California.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: This is no time for harsh rhetoric; it's certainly no time for name-calling.

(END VIDEO CLIP)

BLITZER: Good evening. I'm Wolf Blitzer reporting tonight from Washington.

Oklahoma City bomber Timothy McVeigh is scheduled to be executed June 11th. Attorney General John Ashcroft said last week the execution should go forward despite the FBI's failure to hand over thousands of pages of documents to McVeigh's attorneys. McVeigh earlier had said he was prepared to die. But now, there's word he may have had a change of heart, and that's our top story.

CNN's Susan Candiotti is standing by outside the federal courthouse in Denver where a judge may have to determine whether the execution will go forward as scheduled -- Susan?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hello Wolf.

As early as Thursday, attorneys for convicted Oklahoma City bomber Timothy McVeigh will ask trial judge Richard Matsch to stop the June 11th execution, a change of heart coming after his attorneys have spent more than two weeks scouring through more than 4,000 pages of material, provided by the FBI. Material never before seen by the defense before the Oklahoma City bomb trial.

Here is what Defense Attorney Rob Nigh is saying tonight:

"Mr. McVeigh believes the information that we have discovered is worthy of judicial review. We are optimistic that he will permit us to make a filing on his behalf. No final decision will be reached until we meet with him in person later this week."

To that, the Justice Department has fired back:

"The Justice Department has reviewed the documents carefully and we are prepared to defend McVeigh's conviction and the sentence that has been imposed. The attorney general has delayed the execution date to give all the attorneys sufficient time to review the documents. He will not support another delay based on documents that cast no doubt about the surety of McVeigh's guilt."

Now, we can expect that McVeigh's attorneys will meet with him as early as Thursday in the next day or two at the U.S. Penitentiary in Terre Haute, Indiana just as they did a couple of weeks ago on McVeigh's original execution date, May 16th.

So, Wolf, it appears, that if the filing occurs on Thursday, Mr. McVeigh begins a new race against the clock because that would be 11 days before his scheduled execution date -- Wolf.

BLITZER: Susan Candiotti in Denver, thank you very much,

In another terrorism case, which could also involve the death penalty, a federal jury today delivered a string of guilty verdicts, convicting four followers of suspected terrorist kingpin Osama bin Laden, in the 1998 bombings of U.S. embassies in Kenya and Tanzania. Let's go live to New York, and CNN national correspondent Bob Franken -- Bob, give us the details.

BOB FRANKEN, CNN CORRESPONDENT: Well, first of all, probably the most poignant part of the day was the reaction that came from the families of victims of the two bombings in Nairobi and Dar es Salaam, they of course are still feeling the deep pain of losses from August 7 of 1998, but they are also very pleased with the verdicts, so today, they said, was bittersweet.

(BEGIN VIDEOTAPE)

FRANKEN (voice-over): It was a clean sweep. All four defendants were found guilty; guilty in varying ways for their involvement in two nearly simultaneous bombings.

UNIDENTIFIED FEMALE: It was bittersweet. We were very happy with the verdict. We couldn't ask for a more attentive jury.

FRANKEN: Edith and Sue Bartley lost two members of their family in the blast that shattered the U.S. embassy in Nairobi, Kenya on August 7, 1998. 213 people died, including 12 Americans; more than 4,000 were injured. Moments later, a second blast exploded at the U.S. embassy in Dar es Salaam, Tanzania, 11 dead. The defendant Mohamed al-'Owhali, who rode in the Kenya bomb truck, was found guilty of the Nairobi bombing and the murder of the 213 who died. The murder charges carry the death penalty.

Mohammed Odeh, who gave technical advice, was found guilty of the Kenya bombing and the murders. Odeh's maximum penalty is life in prison.

Khalfan Khamis Mohamed faces the death sentence as a direct participant in the Dar es Salaam, Tanzania bombing.

Finally, Wadih el Hage, guilty of conspiracy and perjury, perjury for lying before the grand jury here about his long time association with Osama bin Laden.

(BEGIN VIDEO CLIP)

MARY JO WHITE, U.S. ATTORNEY: We remain permanently and unrelentingly committed to tracking down, apprehending, and bringing to justice, every single participant in these crimes.

(END VIDEO CLIP)

FRANKEN: Now next in this trial is the death penalty phase -- it begins tomorrow. The defendants who face the death penalty will be arguing, that it is too severe even in this case, but they will be making that argument, before a jury that found all four of the defendants guilty of all the counts -- Wolf.

BLITZER: Bob Franken in New York, thank you very much.

Here in Washington, the Supreme Court today issued a major decision that potentially could have profound implications for professional and amateur sports in America. It also ruled on whether the Ten Commandments can be displayed in public places. CNN's senior Washington Correspondent Charles Bierbauer is standing by at the Supreme Court with details.

Charles, first tell us first about the decision involving disabled golfer Casey Martin?

CHARLES BIERBAUER, CNN CORRESPONDENT: Wolf, the court ruled that under the Americans With Disabilities Act, Casey Martin, a professional golfer, can use a golf cart on the course where other pros are required to walk. The court said that the golf cart is a relatively minor accommodation, for the rare circulatory disease that limits Casey Martin's ability to walk, although he certainly can meet all the other tests of the game.

(BEGIN VIDEOTAPE)

BIERBAUER (voice-over): Writing for majority, Justice John Paul Stevens said, "the use of carts is not itself inconsistent with the fundamental character of the game of golf. The essence of the game has been shot making." CASEY MARTIN, PROFESSIONAL GOLFER: It has been a long time, and just kind of waiting and wondering about my future, and I'm just grateful to know that the cart's there and can't be taken away.

BIERBAUER: Martin is playing this year on the Buy.com Tour, golf's minor league, governed by the major PGA Tour. The Americans With Disabilities Act clearly required access for those with handicaps to the tournament's public galleries. But Martin's lawsuit ducked under the ropes and challenged the tour's requirement that players must walk the course because fatigue is a factor.

Justice Stevens: "Martin easily endures greater fatigue even with a cart than his able-bodied competitors do by walking."

The PGA Tour sees this as a narrow ruling.

TIM FINCHEM, PGA TOUR COMMISSIONER: This could be the only player in the world that it ever applies to. So, you know, I think that -- I think that while we are happy for Casey Martin today, and we are also happy that we got this straightened out, and it appears to be in a way that will allow us to maintain walking as part of golf at the professional championship level.

BIERBAUER: Justice Antonin Scalia, one of two dissenters, said the ruling was "benevolent," but outside the court's power to expand the 1990 disabilities act. Scalia:

"It is quite impossible to say that any of a game's arbitrary rules such as walking is essential."

(BEGIN VIDEO CLIP)

MARTIN: The goal behind it obviously for me, I just wanted to play golf, and I needed some help to do that. So, that was my motivation. But if a greater good can come out of that, if this can open doors for people in golf, or just for life, then I think that's great, and would welcome that. And I hope that can happen.

(END VIDEO CLIP)

BIERBAUER: The court's ruling will encourage those with disabilities. But the Americans With Disabilities Act still requires an individualized assessment as to when accommodation is required on the golf course or anywhere else -- Wolf.

BLITZER: Charles, on that other decision involving the Ten Commandments, what did the court do about that?

BIERBAUER: Well, sometimes, the court makes news by inaction, what the court did was deny an appeal by the city of Elkhart, Indiana.

The city has had for more than 40 years, a monument on its municipal building grounds which contained the Ten Commandments, and several residents of the city have complained that that violates the separation of church and state. And indeed lower courts agreed. And what the court here did was to deny the city's appeal, meaning that the monument basically has to be taken down. What was a little bit unusual was a dissent to the denial, written by Chief Justice Rehnquist in which he said he would like to have heard this case, because he wanted to decide whether a monument, which has stood for more than 40 years, and has at least as much civic significance as religious, must be removed from the place where it stood in front of the municipal building.

This only applies in the 7th Circuit of Appeals which includes Indiana, but it certainly sets a pattern that other places around the country that are trying to put up the Ten commandments -- or have them on display -- will have to take note of -- Wolf.

BLITZER: Charles Bierbauer at the Supreme Court, thank you very much.

The Supreme Court says Casey Martin's cart will turn the golf course into a level playing field. Many pro golfers disagree. "The Shark" has his own point of view. I'll speak live with golf legend Greg Norman.

And as power woes cause them both political woes, President Bush meets with California Governor Gray Davis. Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back. Golfer Casey Martin suffers from a circulatory ailment and has long battled for the right to use a cart in pro tournaments. The Supreme Court today recognized that right. The Professional Golfers Association has argued that a cart provides an unfair advantage, a view shared by legends Arnold Palmer, Jack Nicklaus and Tiger Woods.

But another superstar strongly disagrees. Greg Norman, "The Shark," joins us now from Hobe Sound in Florida. Greg, tell us why you disagree with so many of your fellow golfers.

GREG NORMAN, PROFESSIONAL GOLFER: Well, Wolf, I believe that the PGA tour has been out there on a yearly basis raising as much money as we can for charities, to give back to charities. We are very fortunate in our profession to get a lot out of the game, but at the same time, we have been trying to promote the game of golf on a global basis to all walks of life, whether you have a disability or not.

And to me, I thought the Casey Martin case was a very interesting case study indeed, because we are basically going against the grain of what we are trying to establish on the PGA tour, the open for everybody to come play the game, whether you are black, whether you are white, whether you are disabled, whether you are male, whether you are a female, or whether you are old, or whether you are young.

And right now, I think it is a great case study to see that Casey Martin is allowed to go out there and use his golf cart, because I think that's the only fair thing to do. The game of golf is open to everybody, whether you are disabled or not. And I welcomed Casey right from the get-go when he started challenging this rule many years ago.

BLITZER: As I pointed out, Jack Nicklaus disagrees. I want you to listen to what Jack Nicklaus said earlier today in explaining his disagreement with you.

(BEGIN VIDEO CLIP)

JACK NICKLAUS, PROFESSIONAL GOLFER: I just -- when I think about the game of golf, and golf is, you know, the idea is having a level playing field, that's all, that's all they ask -- that's all the tours wanted to have, is everybody play under the same rules.

(END VIDEO CLIP)

BLITZER: If he doesn't have to walk those 18 holes, sometimes in a 100-degree weather for four or five hours, isn't his putting and his hitting is going to be a lot sharper than those of you who are going to walk all those hours in a hot temperature?

NORMAN: Yes, but, Wolf, that may be the case, but look at the other side of the coin. Casey has got a disability that would be a tough mental distraction in itself. When you have to concentrate with a swollen leg with a lot of pain and discomfort when you are putting a ball for the, basically, for the money or a championship, that kind of attacks on you as well.

So yes, we would like to all have a level playing field, and right now, Casey is part of that level playing field, because he has a disability that nobody out there on the PGA tour in any part of the world has had. So, he is out there at a much higher disability than what we are.

Yes, I agree with you. Physical fitness in the game of golf has always been an asset, no question. Nowadays, in the '90s and the new millennium, it's different than what it was in the '60s and in the '50s. The physical conditioning of a golfer now is different. We are -- it's more of a professional sport.

So, you know, from my standpoint, level playing field is even more so now, because we have the ability to welcome, with open arms, all people who are capable of playing the golf at this high level. And for Casey to be able to do what he has done with his disability is truly remarkable, and I think the commissioner said this might be a one-off case, it may be.

For somebody else out there to think that they can come up there and compete with the Tiger Woods of the world and all the other great players out there with a disability -- God bless their soul, because come and have it, you know, because if you can do it, we welcome you.

BLITZER: I'm sure you already heard some of the speculation that some of the older players, perhaps already on the tour, are going to say: "Well, I have a bad back, I have diabetes, I am going to need a golf cart too to get me around those 18 holes." Does this open the door for others who are already professional golfers to make the same case as Casey Martin? NORMAN: Wolf, I'm sure it's going to open up Pandora's box, no question. But I think we have got to understand that, you know, my question is -- going back a little bit is -- why do the senior PGA tour professionals allowed to have a golf cart? They are perfectly physically fit guys, even though they are in their 50s, or in their 60s, and some in their 70s, they are fit guys. They are capable of walking 18 holes, so why is it OK for senior professional golfers to have a golf cart, where for Casey Martin, it wasn't OK for him?

So, you know, there has got to be an equal standard across the board. If you are -- if seniors are out there playing on a regular basis, week in and week out, let them walk too. Make this thing an equal sport.

So, you know, level playing field is a level playing field, but you know, you take the masses in general, Wolf, they all use golf carts. I used the golf cart today when I practiced, getting around the golf course. So do you use it for speed and convenience? Yes. Do you use it to help your practice? Yes. It helped my practice today, because I could carry two sets of golf clubs and a bag of golf balls, and so on, and so forth.

So, you know, golf carts are not necessarily the greatest thing that happened to the game of golf, for one, because it impacts the game in many different aspects, and -- you know, I just want to go back and just congratulate Casey. I think it's a wonderful thing. It's going to open up Pandora's box, no question. It's going to be opening up other sports and other aspects of sport to other disabled people, and to me, that is wonderful, because this is a free world, we want to -- we all want to take the benefit of what we can get out of the game, or what the life gives us.

And one other thing, too. You know, I always want to think about what it would be like if it was my son or my daughter in that position. I would be fighting, just as hard like Casey's dad has been, to make sure that his son could do the thing that he truly loves to do, and that's play the game of golf at a professional level. And I admire him for it, and I welcome him with open arms, and I hope he goes out there and wins many golf tournaments.

BLITZER: Greg Norman, one of the great golfers of all time. Thanks for joining us on our program.

NORMAN: Thank you.

BLITZER: Thank you.

An irresistible force and an unmovable object. California Governor Gray Davis debates the energy crunch with President George Bush. Stay with us.

(COMMERCIAL BREAK)

BLITZER: The American flag flying at half-staff above the White House, in honor of Congressman Joe Moakley, who passed away only yesterday. Welcome back.

President Bush perhaps taking a deep breath, took up the issue of energy today, in the state where the energy crunch has hit hardest, California. CNN national correspondent Frank Buckley joins us live from Los Angeles -- Frank.

FRANK BUCKLEY, CNN CORRESPONDENT: Wolf, the president came here in part to meet with California Governor Gray Davis, who has been increasingly critical of the president in his response, to the energy crisis here. Polls meanwhile show that both men are suffering politically as a result of the energy crisis.

(BEGIN VIDEOTAPE)

BUCKLEY (voice-over): The president arrived in California to a friendly Marine Corps greeting at Camp Pendleton.

But anticipating a more adversarial tone in a meeting to be held later with California Governor Gray Davis on the topic of the state's energy crisis, Bush said:

BUSH: Energy debates sometimes throw off some sparks. But this is no time for harsh rhetoric. It's certainly no time for name- calling. It's time for leadership. It's time for results. It's time to put politics aside and focus on the best interests of the people.

BUCKLEY: Bush and Davis later met privately for 35 minutes, according to the governor, Davis pressing the president for price caps on wholesale electricity which Bush has resisted. The governor saying he informed the president that California planned to sue the Federal Energy Regulatory Commission for relief.

DAVIS: He's entitled to his view. I'm entitled to my view. And we respectfully disagree. But I respectfully and vigorously disagree.

BUCKLEY: Both Bush and Davis are suffering politically in California in the midst of the energy crisis. A new field poll shows only 42 percent of Californians approve of the president's performance. Only 42 percent approve of the governor's performance. For Davis, it's a nearly 20 percent drop in job approval numbers from a year ago.

(END VIDEOTAPE)

BUCKLEY: Aides say President Bush reiterated his position on those wholesale energy price caps saying that he did not support them and felt they did not work. Few people, Wolf, expected much to come out of this meeting, and those low expectations were realized -- Wolf.

BAY: Frank Buckley in Los Angeles, thank you very much.

Up next, "The Leading Edge": there is a new report on heart disease and how you might be able to avoid a heart transplant.

Also, United States and Russia bicker over space. Stay with us. (COMMERCIAL BREAK)

BLITZER: Tonight on "The Leading Edge", stem cells from skeletal muscle may be the answer to prolonging the need for a heart transplant. After a heart attack, heart muscle dies. In hopes of regenerating it, researchers are transplanting healthy cells from a patient's skeletal muscle into their heart.

Health experts are raising concerns over so-called energy drinks. Drinks like Red Bull, Adrenaline Rush, and 180 have become big sellers in bars and dance clubs. But nutritionists warn the drinks are loaded with so much sugar, they could cause problems for athletes, and for people who mix them with alcohol.

NASA says its relationship with Russia has suffered as a result of American millionaire Dennis Tito's flight to the International Space Station. Despite criticism from the U.S., Russia reportedly accepted $20 million from Tito to send him into space last month. NASA's chief says it's created a sense of distrust on both sides.

Please stay with CNN throughout the night. Casey Martin and Governor Gray Davis are among Larry King's guests at the top of the hour.

Tomorrow night, we'll have more on Oklahoma City bomber Timothy McVeigh and his scheduled execution. Until then, thanks very much for watching.

I'm Wolf Blitzer in Washington. THE POINT with Greta Van Susteren begins right now.

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