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| Judge refuses to delay execution of McVeigh; says his guilt is not in doubt |
| By Associated Press |
| Published: 06/07/2001 |
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The judge in the Oklahoma City bombing case refused Wednesday to delay the execution of Timothy McVeigh, saying newly released documents do not change the fact that he is guilty. U.S. District Richard Matsch issued the ruling even though he had commented to lawyers that he found it 'shocking' that documents had been withheld in the case until last month. He said the findings of the jury still stood. 'As the 12 jurors believe it (the verdict) is justified under all circumstances and executed their moral judgment as a conscience of the community, whatever may in time be discovered about the possible involvement of others does not change the fact that Timothy McVeigh was the instrument of death and destruction,' Matsch said. The execution is scheduled for next Monday. Attorneys for McVeigh, 33, said they would appeal Matsch's ruling to the 10th U.S. Circuit Court of Appeals. 'We are extremely disappointed in the court's ruling today,' McVeigh attorney Rob Nigh told reporters outside the courthouse. In his ruling, Matsch said that whatever role others may have played, 'it is clear Timothy McVeigh committed murder and mayhem as charged. He said McVeigh was at war against the United States government, 'but the United States government is not some abstraction, not some alien force. It is the American people, people in the Murrah Building who were there in service to their fellow American people.' Matsch's ruling came after the defense told him that documents revealed last month could have helped McVeigh and the prosecution urged that the execution go on as planned. At a hearing that lasted a little more than an hour, Nigh contended federal officials knew six months ago that there were documents being withheld but failed to begin turning them over until six days before McVeigh's original execution date, May 16. He asked Matsch to grant McVeigh additional time to review thousands of pages of FBI material. Matsch told the attorneys he remembered getting a letter from prosecutor Sean Connelly advising that documents in the case had been withheld. 'It's a good thing I was in quiet chambers and not in court because my judicial temperament escaped me when I read it. It was shocking,' he said. In his arguments, Connelly said information in the withheld documents was contained in FBI interview report that had been given to the defense prior to trial. He also said that a delay in McVeigh's execution would be equivalent to delaying the jury's 'reasoned, moral judgment.' |
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