Judge approves McVeigh's request to end appeals, get execution date

DENVER (AP) _ Timothy McVeigh could be put to death as early as May now that a federal judge has granted the convicted Oklahoma City bomber's request to drop all appeals and get a prompt execution

Thursday, December 28th 2000, 12:00 am

By: News On 6

DENVER (AP) _ Timothy McVeigh could be put to death as early as May now that a federal judge has granted the convicted Oklahoma City bomber's request to drop all appeals and get a prompt execution date.

U.S. District Judge Richard Matsch, however, gave McVeigh time to change his mind. After Jan. 11, the judge said he would let the U.S. Bureau of Prisons set a date for McVeigh to die by lethal injection.

``You're making a decision today that may be the final decision on your future,'' Matsch told McVeigh, who participated in the Denver hearing via closed-circuit television from the maximum-security prison in Terre Haute, Ind., where he is on death row.

``I understand,'' McVeigh replied solemnly. He offered no clue why he made the request earlier this month.

Some speculated McVeigh wants to become a martyr for anti-government causes. Others said he wants to control the only thing he can _ the date of his execution.

Bombing survivor Paul Heath contended McVeigh, 32, is trying to mock the U.S. government with his petition for clemency, knowing Washington hasn't put anyone to death since 1963.

``He is arrogantly rubbing the government's nose in that fact,'' he said. ``He's mocking all of us.''

The judge reached his decision Thursday after asking McVeigh a series of questions to establish that he knew his rights and understood the consequences of his request.

As about 100 people in the courtroom watched, the decorated Gulf War veteran responded quickly and tersely, his hands folded on a table in front of him. A telephone sat nearby in case he wanted to consult an attorney, but McVeigh didn't use it.

McVeigh said he did not foresee changing his decision. He made it clear, however, that he reserves the right to seek clemency from the White House, telling the judge: ``The president, as I understand it, has almost unlimited power in this respect.''

Matsch warned him that the decision on clemency could fall to Attorney General Janet Reno because of the transition to a new administration.

Outside court, Dennis Hartley, McVeigh's lawyer, said he would not try to persuade McVeigh to file another appeal.

``I will continue to advise against it, but I don't imagine that he'll change his mind and I don't think anybody's going to try to persuade him to change his mind,'' Hartley said.

Prosecutor Sean Connelly said, ``It's a case in which the jury verdict has been repeatedly affirmed and the death sentence has been repeatedly affirmed by the courts.'' He added: ``At this point, it's for the Bureau of Prisons to set an execution date.''

Earlier this month, McVeigh asked Matsch to stop the appeals process and schedule his execution to take place before the summer.

Matsch, who presided at McVeigh's trial, had the option of approving the request, rejecting it or ordering a competency hearing, in which case experts would be assigned to examine McVeigh and report back to the judge.

McVeigh said he had researched previous court decisions before helping his lawyers draft the request. He also described his life in a 10-by-8-foot cell on death row, where he eats his meals, exercises and has a TV set. He said he was under no pressure from anyone to make his decision.

Generally, condemned inmates are given four months' notice of an execution.

In Oklahoma City, widower Lyle Cousins said he believes McVeigh just wants to be a martyr.

``Oh, yeah. There's no doubt,'' he said. ``He's not going to succeed. Anybody who would see him as a martyr is a fruitcake anyway.''

Cousins said he wants McVeigh executed and may ask to be allowed to attend.

Bud Welch, who lost his daughter, Julie, said Thursday he doesn't want McVeigh put to death.

``The day they take Tim McVeigh out of that cage to kill him is not going to bring Julie Marie Welch back or anyone else. And it's not going to bring me any peace or anybody else,'' said Welch, who travels the country to speak out against the death penalty.

In Denver, Ralph Duke, whose daughter Claudette Meek was killed in the bombing, said McVeigh has not shown remorse, and that ``it's too late'' for an apology.

The Colorado Springs resident, who attended the hearing, said he wished McVeigh would tell what he knows about the bombing.

``He won't tell us nothing; he never will,'' Duke said.

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

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

McVeigh has never admitted any involvement in the bombing.

Prosecutors argued at his trial that McVeigh hoped the bombing would touch off a revolution against the government. McVeigh was said to be angry over the cult disaster at Waco, Texas, and the deadly FBI standoff with white separatist Randy Weaver and his family at Ruby Ridge, Idaho.

McVeigh's Army buddy Terry Nichols was convicted separately of involuntary manslaughter and conspiracy and was sentenced to life in prison. He is awaiting trial in Oklahoma on state murder charges that could bring the death penalty.