-Caveat Lector-
http://dailynews.yahoo.com/htx/abc/20010510/ts/mcveigh_010510_1.html
Thursday May 10 08:39 PM EDT
NEW DOCUMENTS IN MCVEIGH CASE
Prosecutors failed to share several hundred documents
in the Timothy McVeigh case with McVeigh's defense team,
Justice Department officials said.
By ABCNEWS.com
ABCNEWS.com -- At least 200 hundred FBI documents in the Timothy McVeigh
case were not turned over to the defense before his conviction in the
Oklahoma City bombing, officials said.
Justice officials are waiting to hear whether McVeigh's attorneys believe
the documents contain exculpatory evidence, and whether they will seek to
delay McVeigh's scheduled execution next Wednesday.
The papers, which officials say the FBI discovered May 8, include reports
on FBI interviews with possible witnesses and reports on possible McVeigh
look-alikes, officials said.
The Justice Department says the documents were not material to McVeigh's
case.
"They have no bearing on the outcome of the case or on McVeigh's
conviction," said Justice spokeswoman Chris Watney in a statement.
McVeigh earlier this year decided not to seek clemency because he didn't
think President Bush would grant it, and because he was tired of life in
solitary confinement, his attorney said at the time.
Officials Say They Just Learned of Files
Failure to turn over exculpatory evidence is normally considered a legal
outrage. Prosecutors are required to turn over to the defense any
evidence that might point to somebody else.
Officials say the documents were recently turned over to McVeigh's
lawyers. They had not been included in a database given the attorneys
prior to McVeigh's trial. Justice officials say they just became aware of
the material, as it was recently uncovered by the FBI.
"As soon as the government was made aware of the documents, they were
turned over to the defense," said Watney.
The April 1995 bombing of the Alfred P. Murrah Federal Building killed
168 people and injured thousands.
McVeigh's convicted accomplice, Terry Nichols, was sentenced to life in
prison for conspiracy and involuntary manslaughter for the deaths of
eight federal law enforcement officers in bombing. He could face a state
trial for 160 counts of first-degree murder.
His former Army buddy, Michael Fortier, was sentenced to 12 years after
pleading guilty to having prior knowledge of the bombing plan and not
alerting authorities, and lying to authorities, hiding evidence and
firearms trafficking.
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