McVeigh issue evokes varied emotions

By Sridhar Krishnaswami

WASHINGTON, MAY 14. There is outrage on both sides. On the one hand, the lawyers of Timothy McVeigh are simply appalled that the Federal Bureau of Investigation had bungled in not handing over to them over 3,000 pages of documents, tapes and other items at the time of the trial.

But on the other hand, the relatives of the victims and those who survived the blast at the Alfred Murrah building in Oklahoma City are simply livid at the turn of events; and there is justified scepticism that the execution of McVeigh which has now been scheduled for June 11 from this Wednesday could drag on in the court circuit for months, if not years.

In between the two sides is the Justice Department which is maintaining that the discovery of documents at the final stages did not amount to any significant material change in the outcome. The Attorney General, Mr. John Ashcroft, has said that he is not inclined to further delay the execution of McVeigh beyond June 11 even if the defence lawyers want more time to review the documents.

McVeigh confessed to and was convicted for the worst act of domestic terrorism in the United States - the bombing of a Federal building in 1995 that resulted in the death of 168 people, including 19 children, and injuries to hundreds. McVeigh was to have to have been executed by a dose of lethal injection on May 16 at a Federal prison in Terre Haute, Indiana.

The convicted bomber had waived all appeals including his clemency petition. But now, the word is that he is taking a second look at the options, even if he has not formally authorised his attorneys in any particular direction. Speculation has been that in light of the new documents,there could be a motion for a new trial.

``He is willing to look at his legal options at this point to look at the facts that we're able to develop based upon the new discovery. He has not authorised us to go forward with anything at this point, but he is willing to consider the options'', McVeigh's lawyer, Mr. Robert Nigh, said on Sunday.

McVeigh's top lawyer has stopped short of accusing the FBI of deliberately suppressing the material now being put forth but at the same time, has said that the issue of possible Government wrongdoing will be pursued. However, others familiar with the case are of the view that it is highly unlikely that the verdict will be reversed.

At least one lawyer who had defended McVeigh in the 1997 trial but is no longer associated with him, has made the point that the position of the defence is quite difficult and for two reasons: there has been the confession and since conviction McVeigh has repeatedly said that he was ready for execution and had waived all rights of appeal including clemency.

``Unless there's something very dramatic in the new documents and unless McVeigh is willing to crawl back from the limb he's got himself onto, there will be an execution on June 11'', said a former defence lawyer, Mr. Stephen Jones. A Federal Judge had turned over to the Government the execution date and one impression is that this process could return back to the courts in the light of the developments.

Meanwhile, at least one top Democrat has called on the President to appoint a Blue Ribbon Commission to examine the FBI. The ranking Democrat on the Senate Judiciary Committee, Mr. Charles Schummer, aside from calling for the need of law enforcement experts to examine the FBI ``from top to bottom'', has said that his panel would hold hearings on why documents related to the McVeigh trial were discovered only recently.

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Section  : International
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