-Caveat Lector-

Tuesday June 5 9:21 PM ET
CORRECTED: McVeigh Team Says Govt. Withheld Evidence
Photos

Reuters Photo


(Inserts dropped word ``if'' in eighth paragraph clarifying
that the lawyers were not stating that evidence was found,
corrects to credible from critical).

By Keith Coffman

DENVER (Reuters) - Timothy McVeigh (news - web sites)'s
attorneys charged in court papers filed on Tuesday that the
government withheld evidence that others besides McVeigh and
Terry Nichols were involved in the Oklahoma City bombing
conspiracy that killed 168 people, and that it even knew about
the plot beforehand.

The 17-page filing marked the first time that lawyers for the
33-year-old former army sergeant have admitted to a court that
their client took part in the devastating April 19, 1995
attack although McVeigh had confessed his guilt to a pair of
journalists for a new book.

It was also the first time that defense lawyers claimed that
the government knew that there were others involved in the
conspiracy besides McVeigh and his former army buddy Nichols,
who is serving a life sentence for his role in the conspiracy.

In papers filed in advance of a Federal Court hearing on
Wednesday on whether McVeigh's scheduled June 11 execution
should be stayed, McVeigh's four lawyers also alleged that
federal law enforcement officers were told by informants about
the bombing ``several days or weeks before it occurred'' on
April 19, 1995.

The government seeks to have McVeigh executed on June 11 and
said there is no new evidence to help the defense in the
materials it turned over to it.

McVeigh's attorneys said the government had perpetrated a
fraud on the court and added: ``The fraud pointed to by the
evidence thus far known to counsel for Mr. McVeigh is that the
government misled the court concerning the persons responsible
for the Oklahoma City bombing.

``Specifically counsel believes that the government -- at
least some FBI (news - web sites) agents -- knew ... that
other people in addition to Mr. McVeigh and Mr. Nichols were
responsible for the bombing.''

The filing said that if the information that the government
withheld included credible evidence that others played a role
such as constructing the bomb ``that would have cast doubt
upon the overt acts committed by Mr. McVeigh.''

McVeigh's lawyers said that the government knew of the other
conspirators through informants and investigation and had this
information before McVeigh's 1997 trial began. The government
has denied knowing of any conspirators beyond those brought to
trial -- McVeigh and Nichols.

Three pages of the 17-page filing are sealed and no names are
mentioned in the unsealed pages.

The question of whether McVeigh had help has long dogged the
case. McVeigh has said he acted alone except for forced help
given to him by Nichols, who, in turn, has claimed innocence
and is seeking a new trial.

Federal Judge Richard Matsch has set a hearing for Wednesday
to consider McVeigh's for a stay of execution so that his
lawyers can examine 4,000 pages of evidence that was withheld
by the defense.

McVeigh's lawyers said the government had a significant volume
of information it chose not to disclose ``for fear of shifting
some of the responsibility to itself by revealing that federal
informants had advised federal law enforcement officers of the
bombing several days or weeks before it occurred.''

They added that if ``Mr. McVeigh's execution is stayed and he
is given access to the tools of civil discovery there is
reason to believe that a nexus between some of these
individuals and Mr. McVeigh will be established.''

The court papers made no comment on whether McVeigh would
cooperate.

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