MCVEIGH psychiatrist fights subpoena

Monday, May 7th 2001, 12:00 am
By: News On 6

(Oklahoma City-AP) -- Timothy McVeigh's psychiatrist doesn't want to testify.

He wants a judge to throw out a subpoena that would let prosecutors question him in connection with the Oklahoma murder case against Oklahoma City bombing conspirator Terry Nichols.

A court hearing is scheduled in the morning.

Prosecutors want Doctor John Smith to give testimony about the treatment and counseling McVeigh received after his arrest for the 1995 bombing that killed 168 people.

Although a gag order prevents prosecutors from explaining why they subpoenaed Smith, some analysts think they could be looking for clues that could lead to new evidence against Nichols.

Nichols was convicted of conspiracy and involuntary manslaughter at a separate federal trial and sentenced to life in prison.

State prosecutors are seeking the death penalty against him.

McVeigh's attorneys maintain that Smith's information about McVeigh is privileged.