dictionary

McVeigh attorneys Robert Nigh 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 convicted Oklahoma City bomber Timothy McVeigh say they will file papers seeking a further delay of his execution, which is currently scheduled for June 11.

McVeigh met for several hours Thursday with his attorneys, Robert Nigh and Richard Burr.

Nigh said the decision was difficult for McVeigh because he had been prepared to die on May 16, before hundreds of pages of previously undisclosed FBI documents were handed over to his defense. He said McVeigh did not mean to cause more pain for the families of the 168 people killed in the April 19, 1995, bombing of the Murrah Federal building, the hundreds who were wounded, or his family.

IN-DEPTH • Execution of Timothy McVeigh • Oklahoma City Bombing    VIDEO In a press conference, U.S. Attorney General John Ashcroft discusses FBI handling of documents in the McVeigh bombing case (May 24) Part I | Part II (QuickTime, Real or Windows Media)    MESSAGE BOARD FBI: a troubled agency?    RESOURCES • Timeline: FBI under Louis Freeh • Previous FBI controversies   LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

He said McVeigh was going forward to "promote integrity in the criminal justice system."

U.S. Attorney General John Ashcroft postponed McVeigh’s execution for 30 days after the documents were uncovered. He said that would give McVeigh’s attorneys enough time to review the documents.

In a written statement released by the Justice Department, Ashcroft -- who is traveling in the Netherlands -- said: "The Department of Justice is prepared to oppose vigorously any attempts by Timothy McVeigh to overturn his conviction and sentence or to force a new trial.

"No document in this case creates any doubt about McVeigh's guilt or establishes his innocence. To overturn the jury's verdict or force a new trial, McVeigh must prove that the documents establish his innocence.

"Based on overwhelming evidence and McVeigh's own repeated admissions, we know that he is responsible for this crime, and we will continue to pursue justice by seeking to carry out the sentence that was determined by a jury."

But McVeigh’s attorneys say they think the FBI still has not turned over everything.

"The FBI was asked apparently on 16 prior occasions to produce every witness statement in connection with the bombing investigation and apparently on 16 separate occasions they failed. Based upon that, I have no confidence whatsoever in any assertion they might make at this point that everything has been produced," Nigh said.

The attorneys said they know of a number of people who were investigated by the FBI who are not mentioned in the files.

Co-counsel Burr said the formal request for a stay -- a sealed 40-page document with another 200 pages of exhibits -- would be filed with U.S. District Judge Richard Matsch in Denver. Burr said the attorneys would also seek an evidentiary hearing to examine their claims that the federal government has hidden evidence. Matsch presided over the original trial.

Burr said the defense would argue that the government perpetrated a fraud on the courts by withholding the documents.

Burr said jurors could have reached a different conclusion if they had had all of the FBI’s information at McVeigh’s trial.

FBI officials insisted Thursday they have thoroughly searched their files and turned everything over to McVeigh's attorneys.

"The FBI is unaware of any information to support what Timothy McVeigh's attorneys are referring to in their rhetoric," a senior FBI official told CNN. "We are awaiting the specifics, which will presumably be contained in the court filing, before we can have anything to respond to on any educated basis."