Judge refuses to delay execution of McVeigh

The judge in the Oklahoma City bombing case last night refused to delay the execution of convicted killer Timothy McVeigh, saying newly-released documents do not change the fact that he is guilty.

US District Richard Matsch issued the ruling even though he had commented to lawyers that he found it ‘‘shocking’’ that documents had been withheld in the case until last month. He said the findings of the jury still stood.

‘‘As the 12 jurors believe it (the verdict) is justified under all circumstances and executed their moral judgment as a conscience of the community, whatever may in time be discovered about the possible involvement of others does not change the fact that Timothy McVeigh was the instrument of death and destruction,’’ Matsch said.

The execution is scheduled for next Monday. Attorneys for McVeigh, 33, said they would appeal Matsch’s ruling to the 10th US Circuit Court of Appeals.

‘‘We are extremely disappointed in the court’s ruling today,’’ McVeigh’s attorney Rob Nigh told reporters outside the courthouse.

But Attorney General John Ashcroft, who had fought to keep the execution from being postponed a second time, said: ‘‘The ruling of the court in Denver today is a ruling for justice.’’

In his ruling, Matsch said that whatever role others may have played, ‘‘it is clear Timothy McVeigh committed murder and mayhem as charged’’.

He said McVeigh was at war against the US government, ‘‘but the United States government is not some abstraction, not some alien force. It is the American people, people in the Murrah Building who were there in service to their fellow American people.’’

In Pendleton, New York, McVeigh’s father said he was disappointed but not surprised.

‘‘He’s going to get executed sooner or later. Most people know he did it, so ...’’ Bill McVeigh said, his voice trailing away. ‘‘I think the longer he lives, the better. It’s easiest on me but, like I said, it’s going to happen eventually.’’

In Oklahoma City, Martha Ridley, whose daughter Kathy died in the bombing, said she had expected the judge to deny the request.

‘‘He is a very fair man,’’ she said. ‘‘And Mr McVeigh is an admitted and printed and convicted murderer. I just want to get this thing over with and be done with it. It’s time for him to go.’’

But Jannie Coverdale, who lost two grandsons in the explosion, said she wishes the judge had granted a stay. She believes McVeigh and co-conspirator Terry Nichols did not plan the bombing alone.

‘‘I’m wondering now that if Tim is executed, will we ever know?’’ she said. ‘‘We have been fighting so long for the truth. I have no confidence in the government now.’’

Matsch’s ruling came after the defence told him that documents revealed last month could have helped McVeigh and the prosecution urged that the execution go on as planned.

At a hearing that lasted a little more than an hour, Nigh contended federal officials knew six months ago that there were documents being withheld but failed to begin turning them over until six days before McVeigh’s original execution date, May 16.

He asked Matsch to grant McVeigh additional time to review thousands of pages of FBI material.

In his arguments, Connelly said information in the withheld documents was contained in FBI interview report that had been given to the defence prior to trial.

He also said that a delay in McVeigh’s execution would be equivalent to delaying the jury’s ‘‘reasoned, moral judgment.’’

Connelly has argued that McVeigh confessed to the car bombing in a recent book and said that he alone carried out the 1995 terrorist act in which 168 people died. McVeigh has not identified any documents that could prove his innocence, Connelly argued.

In a court brief filed yesterday, McVeigh’s attorneys argued they may have been able to identify others who had major roles in the bombing if they had received the disputed 4,400 FBI documents before trial. They also alleged the government is continuing to withhold evidence.

McVeigh has accused the government of committing a ‘‘fraud upon the court’’ because it turned over the additional FBI documents and 11 CDs in May rather than before his 1997 trial and subsequent murder conviction.

Some of the newly released FBI materials apparently are related to the FBI’s huge search for a John Doe, the No 2 suspect.

McVeigh’s lawyers contend that at least some FBI agents knew of the other possible conspirators but allowed their client to shoulder the blame alone.

In London, Amnesty International UK said: ‘‘It is time for President Bush to stop the execution of Timothy McVeigh.

‘‘By halting McVeigh’s execution President Bush would show that the US government is unwilling to revive a cruel, brutalising, ineffective and irrevocable penalty.’’