|McVeigh's Appeal for Delay Denied|
The 10th U.S. Circuit Court of Appeals today rejected condemned Oklahoma City bomber Timothy McVeigh's appeal for a stay of his execution scheduled for Monday, June 11.
Shortly after the ruling, McVeigh instructed his attorneys not to file an appeal before the U.S. Supreme Court.
In a seven-page decision, the three 10th Circuit judges wrote, "Even assuming the existence of a fraud on the court ...McVeigh has utterly failed to demonstrate substantial grounds upon which relief might be granted."
In their brief to the court, McVeigh's attorneys again stated that evidence withheld by the FBI indicated that another person planned the April 19, 1995 bombing of the Alfred P. Murrah Federal Building.
McVeigh's attorneys Christopher Tritico and Nathan Chambers argued that evidence not presented at McVeigh's trial might have swayed jurors to impose a life prison sentence rather than the death penalty.
McVeigh is scheduled to die by lethal injection at the federal prison in Terre Haute, Indiana at 7 a.m. (8 a.m. ET) on Monday.
U.S. District Judge Richard Matsch on Wednesday refused to delay the June 11 execution of convicted Oklahoma City bomber Timothy McVeigh.
In issuing his ruling, Judge Matsch, who commented to lawyers that he found the withholding of FBI documents related to the case to be "shocking," stated that the documents did not alter the fact of McVeigh's guilt.
"As the 12 jurors believe it (the verdict) is justified under all circumstances and executed their moral judgment as a conscience of the community, whatever may in time be discovered about the possible involvement of others does not change the fact that Timothy McVeigh was the instrument of death and destruction," wrote Judge Matsch.
McVeigh, 33, is currently scheduled to be executed next Monday, June 11. However, attorneys for McVeigh say they will appeal Judge Matsch's rulling to the 10th U.S. Circuit Court of Appeals.
Basing their appeal on thousands of documents not turned over to them by the FBI after the trial, McVeigh's attorneys argue they have reason to believe additional evidence may remain undisclosed by the government.
In addition, McVeigh's lawyers stated they have discovered "credible evidence" that McVeigh and Terry Nichols, the only other person convicted for the bombing, acted as part of a larger group of conspirators.
U.S. Attorney General Ashcroft postponed McVeigh's original execution date of May 16 until June 11 after the undisclosed FBI documents were reported.
McVeigh was convicted of murder for his participation in the April 19, 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City.
McVeigh has stated that the blast, which killed 168 men, women, and children, was a form of retaliation for the FBI's 1993 raid on the Branch Davidian religious compound in Waco, Texas, and for the 1992 Ruby Ridge incident.