McVeigh refused stay of execution

Judge Richard Matsch denied a stay sought by Timothy McVeigh after 4000 missing FBI documents were handed a few days before his scheduled execution on May 16.Matsch said the newly released FBI files do not change the fact that McVeigh is guilty of bombing the Alfred P. Murrah Federal Building in Oklahoma City in 1995, killing 168 people and injuring 500 others.
Prosecutors argued that the stay should be denied because McVeigh´s lawyers did not, and could not, show that he was not guilty or that the death penalty was an inappropriate punishment."Rather than answer for his own proven and admitted murderous conduct, McVeigh would like to put the federal government on trial," prosecutors said.
McVeigh´s lawyers argued that his conviction and sentence should be vacated, basing the assertion on a single contention - that a fraud had been perpetrated upon the court.
"Specifically, counsel believes that the government - at least some FBI agents - knew, that other people, in addition to Mr. McVeigh and Mr. Nichols, were responsible for the bombing," the defence lawyers said, referring to Terry Nichols, 46, McVeigh´s co-defendant.
The speed of Judge Matsch’s decision shocked many legal observers.
The hearing took just 90 minutes and he gave his ruling immediately. McVeigh´s lawyer, Robert Nigh, promised the ruling would be appealed to the Tenth US Court of Appeals in Denver.Unless the Court of Appeals steps in, the execution will take place at the US Federal Penitentiary at Terre Haute at 7am on Monday, June 11.
McVeigh, 33, a decorated Gulf War soldier, was scheduled to die on May 16, but Attorney-General John Ashcroft postponed the execution - to be carried out at the Terre Haute prison in Indiana - until June 11 because of the embarrassing FBI discovery.
In Oklahoma City, Martha Ridley, whose daughter Kathy died in the 1995 bombing, said she had expected the judge to deny the request, as did most of the nation´s legal commentators.
"He is a very fair man," Ms Ridley 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? We have been fighting so long for the truth. I have no confidence in the Government now," she said.
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.