UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Criminal Action No. 96-CR-68-M
Civil Action No. OO-M-094
UNITED STATES OF AMERICA, Plaintiff,
V.
TIMOTHY JAMES McVEIGH, Defendant
NOTICE TO COURT
Counsel for Mr. McVeigh have been instructed by their client to not file a
Notice of Appeal from the district court's Order of October 12, 2000
dismissing the Motion to Vacate Conviction and Sentence Pursuant to 28 U.S.C.
�2255. Counsel believes that there are meritorious grounds to appeal. Counsel
further believes that Mr. McVeigh is entitled to a hearing on the issues
raised by the �2255 Motion and ultimately a new trial. Despite counsel's
strongly held beliefs regarding the propriety of an appeal, the Rules of
Professional Conduct give to the client the ultimate authority to make
decisions regarding whether to take an appeal. If the court determines that
Mr. McVeigh is competent and that his decision is knowingly and intelligently
made, whether to pursue an appeal is Mr. McVeigh's decision and counsel
cannot ethically ignore or override that decision. If the court determines
that Mr. McVeigh's decision is not knowing, intelligent, and competently
made, until such time as the validity of die waiver of appeal is established,
and in order to preserve jurisdiction to consider any appeal, this pleading
shall serve as Notice of Appeal from the court's Order of October 12, 2000 as
required by Federal Rule of Appellate Procedure 4(a). At Mr. McVeigh's
direction, his statement regarding his decision to forgo further appeals is
attached hereto.
Respectfully submitted, Dennis W. Hartley, P.C.
1749 South Eighth Street, Suite 5
Colorado Springs, CO 80906
(719) 635-5521
(719) 635-5760
Nathan Chambers
Carrigan Chamber! Dansky & Zonies, P.C.
1601 Blake Street, Suite 300
Denver, CO 80202
(303)825-2222
(303) 825-4010
M. David Lindsey
Lindsey & Bruce, P.C.
730 17th Street, Suite 370
Denver, CO 80202
(303) 575-5498
(303) 573-5537
CERTIFICATE OF MAILING
I hereby certify that on December 11, 2000, I placed a true and complete copy
of the foregoing Notice to Court, in the U.S. Mail, postage prepaid, properly
sealed and addressed to:
Scan Connelly U.S. Attorney's Office 1961 Stout Street, #1300 Denver, CO 80294
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No.
96-CR-68-M
Civil Action No. OO-M-094
UNITED STATES OF AMERICA, Plaintiff,
v.
TIMOTHY JAMES McVEIGH, Defendant.
STATEMENT OF TIMOTHY McVEIGH REGARDING NOTICE OF INTENT TO FOREGO FURTHER
APPEALS I, Timothy James McVeigh, do hereby advise the court and all parties
that I do not -wish to pursue any further appeals in this case. I believe
that it is my right to forego any appellate remedies that may be available.
In United States v. Hammer. 226 F.3d 229 (3rd Cir, 2000), the Third Circuit
acknowledged that a defendant under sentence of death may-waive his right to
direct appeal. My case has already been through direct appeal and the Tenth
Circuit affirmed the conviction and sentence. If Hammer was allowed to waive
his right to direct appeal I should certainly be allowed to forego appeal
from denial of my section 2255 motion.
I believe that I am fully competent to make this decision. If the court
thinks that a psychological evaluation is necessary to make certain that I am
competent, I will submit to such an evaluation. I will not justify or explain
my decision to any psychologist but will answer questions reasonably related
to my competency.
My attorneys have explained to me the issues that they would raise on any
appeal. I understand the appellate issues and understanding those issues I
persist in my decision to forego appeal. This decision to forego appeal is
done against the advice of my lawyers. By foregoing appellate rights I am not
waiving my right to petition for executive clemency. I am waiving further
review by the judicial branch of the federal government. I am not waiving
review by the executive branch. It is not my desire by waiving appeal to
delay my execution. I request that the court set an execution date, or order
the Director of the Bureau of Prisons to do the same, with the execution date
to be within 120 days of the filing of this notice. This waiver is my
decision and these are my words intended to convey my decision. I have asked
my lawyers to file this Notice with the Court.
Timothy McVeigh
December 07, 2000
