McVeigh lets deadline for resuming appeals expire

DENVER (AP) -- Prison officials started planning Friday for the execution of convicted Oklahoma City bomber Timothy McVeigh, including how to accommodate victims who may choose to watch.

McVeigh, held on death row at a federal prison in Terre Haute, Ind., allowed the deadline for resuming his appeals to expire Thursday, while reserving the right to seek clemency.

He could be executed by lethal injection as early as May.

Inmates typically are given four months' notice of an execution date.

U.S. Bureau of Prisons spokesman Dan Dunne said a date will not be set until officials are confident they will have adequate staff and will be able to meet needs of victims' relatives and survivors of the blast, the worst act of terrorism on U.S. soil.

"The number of victims involved in this case certainly is unique. Other cases don't have the same notoriety, and obviously there are things we have to consider for planning," Dunne said.

The federal government has not executed a prisoner in 37 years.

Under bureau guidelines, 10 seats in the Terre Haute execution chamber are reserved for news media representatives, eight for citizen witnesses including victims, six for those selected by the inmate and eight chosen by the Justice Department.

Karen Howick of Oklahoma City, an attorney who has represented dozens of victims' relatives and survivors, said Friday she may go to court to ensure the execution is broadcast on closed-circuit television if those entitled to watch are turned away.

Howick, who successfully lobbied Congress to allow McVeigh's Denver trial to be broadcast in an Oklahoma courtroom for victims'

relatives, believes more than eight victims will want to watch.

"I would not want to be the person to say you get to attend and you don't. No matter how they do this, someone is going to be unhappy," Howick said.

Paul Heath, who represents about 230 members of a bombing survivors association, supported Howick's plan. "If it will help these people recover, I hope they get their wish," Heath said.

Jim Denny, who's two young children survived, has no desire to watch McVeigh die. "I know there are some people who want to watch it, but it won't bring closure to anyone," he said.

If McVeigh chooses to seek executive clemency, he will have to file a written request after an execution date is set.

Prosecutor Sean Connelly said it is up to the Bureau of Prisons Director Kathleen Sawyer, to set the date. That is likely to occur as early as next week, he said.

During a meeting with McVeigh this week, Nathan Chambers, McVeigh's attorney, said McVeigh ordered there be no more appeals on his behalf.

"He made it clear this was his decision. I tried to talk him out of it and get him to resume his appeal, but it was his decision not to file," Chambers said.

McVeigh was convicted of murder, conspiracy and other charges for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building, which killed 168 people and injured more than 500.

He lost two appeals, at the U.S. Supreme Court and the federal appeals court. But he has not exhausted all appeals.

In December, McVeigh asked Matsch to end his appeals. He has the legal right to do so, even if his lawyers object.