LAWYER says McVeigh willing to consider

Sunday, May 13th 2001, 12:00 am
By: News On 6

(WASHINGTON) - Timothy McVeigh is willing to consider ``all options'' but has not instructed his defense team to pursue any legal strategy following the FBI's failure to disclose evidence in the Oklahoma City bombing case, a defense lawyer said Sunday.

Ashcroft said he will not impose any further delays.

The defense team has just begun reviewing the documents and Nigh said he was not prepared to disclose what was in the material. He did, however, contend that ``the fact of the production itself could possibly change the legal outcome of the case.''

``We're looking for anything that provides an arguable basis to go to court and seek relief,'' a second defense lawyer, Nathan Chambers, said on ABC's ``This Week.''

Nigh, also appearing on NBC's ``Meet the Press,'' said McVeigh had indicated he ``did not wish to spend the rest of his life in an 8-by-12 cell.'' But that was after losing all court appeals, and before the new evidence now available to him, the lawyer said.

Ashcroft was quoted in Sunday's editions of The Daily Oklahoman as saying that ``ample time'' has been given to the defense lawyers and that he has ``no intention'' of extending the June 11 execution date.

He expressed confidence that the courts will not order a new trial for McVeigh.

Meanwhile, lawyers for Terry Nichols, who was convicted of conspiracy in the bombing that killed 168 people, said they filed an appeal with the Supreme Court just before midnight Friday.

The court in December denied an appeal for a new trial based on assertions by Nichols' lawyers that the prosecution had failed to disclose evidence that could have helped their client. Midnight Friday was the deadline for seeking a review of that dismissal.

As materials filtered in earlier this year and were checked against 26 databases of investigative files, officials made a startling discovery - some of the papers appeared to be new. These materials consisted of interview notes and physical evidence such as photographs, letters and tapes.

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