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McVeigh approves motion to delay execution

Robert Nigh
McVeigh attorneys Robert Nigh (right) and Richard Burr told reporters that their client has decided to fight what he believes is overreaching by the government  


TERRE HAUTE, Indiana (CNN) -- Attorneys for Timothy McVeigh say the convicted Oklahoma City bomber has given them permission to file a motion seeking a further delay of his execution, which is now scheduled for June 11.

McVeigh met this morning with attorneys Robert Nigh and Richard Burr at the federal penitentiary in Terre Haute, Indiana.

"This decision was not easy for Mr. McVeigh. He was ready to die and was prepared to die on May 16," Nigh said.

He said McVeigh's was going forward because of principle, because he did not believe the Department of Justice and the FBI will not be held accountable unless he takes action.

Burr said that they would argue that the federal government had committed "fraud" against the court.

The motion for a further execution delay will be filed before trial judge Richard Matsch in Denver by McVeigh’s other co-counsel, Nathan Chambers.

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Execution of Timothy McVeigh
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In a press conference, U.S. Attorney General John Ashcroft discusses FBI handling of documents in the McVeigh bombing case (May 24)

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McVeigh attorney Nigh has said repeatedly that the legal team cannot complete its review of more than 4,000 pages of newly provided documents from the FBI's investigation of the case by June 11.

Nigh also told CNN on Wednesday: "We don’t think that the government has turned over everything to us."

Justice Department spokeswoman Chris Watney previously denied there are any additional documents that have not been provided.

U.S. Attorney General John Ashcroft has said attorneys familiar with the case have conducted an item-by-item review of the newly released documents and found that "none of the belatedly produced material raises any doubt about McVeigh's guilt."

Ashcroft granted a 30-day delay of McVeigh’s execution on May 11 after the documents were handed over to McVeigh’s attorneys just days before he was scheduled to die by lethal injection for the April 19, 1995, bombing of the Murrah Federal Building in Oklahoma City that killed 168 people.

Ashcroft said the delay was necessary to "protect the integrity of the system of justice."

On Wednesday, Ashcroft said he will "vigorously oppose" any attempt to further delay the execution.

One of McVeigh's former attorneys predicted the convicted bomber has a legitimate "avenue for judicial review" in spite of his previous decision to drop all appeals.

"It's sort of a different ball game because, now, it looks like the integrity of the trial and the verdict could be at issue because of the failure of the FBI to turn over documents, whether it be negligence. It could also be misconduct; we do not know," said attorney Jeralyn Merritt.


Greta@LAW







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