The Abolitionist Action Committee

AAC is an ad-hoc group of individuals committed to highly visible and effective public
education for alternatives to the death penalty through nonviolent direct action.
 

 

On "Closure," and the medical ethics of lethal injection. Click Here.


Selected News Articles

Interview With Bill McVeigh (Tim's father).

New York Times, April 29, 2001, by Sara Rimer

The asparagus shoots are coming up in Bill McVeigh's garden.

"The strawberries should be ready in the middle of June," he said, offering to share them with a visitor.

He was sitting at the kitchen table of his small ranch house. On the wall was the United Automobile Workers clock he had been given for 25 years on the assembly line. Next to it was his son's framed high school graduation picture; the 18-year-old, with longish hair and an eager smile, looks exactly like what his father tells everyone he was: a regular kid.

Bill McVeigh's only son, Timothy, who in 1995 bombed the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people, turned 33 on Monday. His father sent him a birthday card in care of the U.S. Penitentiary in Terre Haute, Ind.

"It's hard to find a card that's appropriate," he said. "How can you say `Happy birthday, Tim, have a good year?' I just got a plain one with a couple cartoon characters that had no writing." He signed it: "Love, Dad."

Bill McVeigh does not plan to be anywhere near Terre Haute on May 16, when his son will be executed.

"He asked me not to be there," McVeigh said. "I don't think I would go anyway."

There was a painful silence. "Would you want to watch your son die?"

At 61, retired from the factory and divorced for many years from Timothy's mother, McVeigh's shoulders are stooped. His longtime friend, Liz McDermott, says she has watched him become more bent as the execution approaches. He is torn up inside, McDermott said, but Bill McVeigh is not one to show his feelings to his closest friends, let alone the outside world. He would not want to burden anyone.

"I'll get through it," he insisted several times recently.

He is a shy man, so shy that he was unable to say more than a few words about his son in the penalty phase of the trial. He instead helped the defense lawyers put together a video of his son's childhood.

"At times I don't know how to express myself," he said. "I know what I want to say, but it doesn't come out right."

Although he would have preferred to have talked about his garden, he politely answered the same questions people have been asking for 6 years.

Has he forgiven his son?

"That's a tough one," he said. "How can you forgive him for killing 168 people. You can't. He's my son, but he did something that was terribly wrong."

During his final visit to see Timothy, on April 10, McVeigh asked his son if he intended to apologize. "His answer to me was, `Dad, I'm not going to lie about it. If I told the people I was sorry, I'd be lying.'"

"I asked him why he did it," McVeigh said. "He said, `Dad, it all came down to Waco,'" a reference to the fiery deaths of the Branch Davidians.

McVeigh is bewildered by his son's political views. He is an Army veteran who flies the American flag in the front yard. Although he is opposed to the death penalty, he says he is not angry at the federal government for putting his son to death. Timothy McVeigh has refused to appeal his death sentence and has asked that the execution go forward.

"What if it was my family that was in the building?" the elder McVeigh said. "I'd feel exactly how they feel. It shouldn't have happened."

Every day, he thinks about the people whose family members were inside the building, he said. Three years ago, he met with Bud Welch, whose daughter, Julie Marie, 23, was killed.

Welch recalled: "Tim's guilt or innocence never came up. That's not what I was there for," said Welch, a Texaco service station owner from Oklahoma City who has become an outspoken opponent of the death penalty.

Welch, 61, said he wept after their visit.

"I realized Bill was a bigger victim than I was," he said.

(source: New York Times)

McVeigh's father plans to spend execution day alone

Associated Press
TERRE HAUTE
April 29, 2001

Timothy McVeigh's father plans to be alone when his son dies on May 16, possibly in a church, a friend's home or a secluded hunting cabin.

"I don't want to be around anybody," Bill McVeigh said in Saturday's Tribune-Star of Terre Haute.

Friends have offered to leave their homes and cabins as a refuge. A family member offered his trailer for the day.

"I've got millions of offers," McVeigh said from his home in Pendleton, N.Y.

Shortly after 7 a.m. EST on May 16, McVeigh's 33-year-old son is scheduled to die by lethal injection, the sentence for bombing the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people.

Even six years after the bombing, it's an act the elder McVeigh cannot fathom.

"I wouldn't have any idea why he would do something like that. It still baffles me," said McVeigh, who is divorced from his son's mother, Mildred. He declined to say where she lives.

Nearly four months ago, during a visit to the U.S. Penitentiary, Timothy McVeigh confirmed what his father suspected. The elder McVeigh recalls his son saying: "Dad, I did what I thought I had to do. I'm sorry for what I put you through."

Before a final visit with his son on April 10, Bill McVeigh scribbled down a few questions.

One centered on his son's lack of remorse.

"I said, 'Are you going to apologize?"' Bill McVeigh recalled.

Timothy McVeigh replied: "If I apologize, Dad, I'd be making a lot of people happier. But if I apologized, it would be a lie."

"The lack of remorse ain't OK with me," Bill McVeigh said Friday.

Neither are his son's anti-government views.

"All his views are completely opposite of mine. I don't know where he got them from," McVeigh said.

A retired auto worker who has always lived within five miles of his current home in upstate New York, Bill McVeigh didn't think much about capital punishment until his son faced a death sentence.

"I don't favor the death penalty," he said, adding he prefers not to think about his son's impending death.

Between playing in golf leagues and bowling tournaments, running bingo games at church, watching NASCAR on television and carefully tending to his garden and lawn, the elder McVeigh has little time to dwell on such things as the memorial service he may have for his son, who has requested to be cremated.

"I keep busy," he said. "I'm into everything. That's the way I keep my mind off it."

But when it comes to life after May 16, Bill McVeigh isn't sure how he'll cope.

"I don't want to take the time to think about it. It might make it worse," he said.

For now, he prefers to remember happier times, a Timothy McVeigh who graces his walls in photographs, one as a toddler in a sailor suit.

"I love him," Bill McVeigh said. "He's still my son. He's still Tim."

It's Closure Mongering Time

On eBay, dozens of bidders have vied in auctions like the one inviting them to "commemorate the final days of America's worst terrorist" with a "colorful T-shirt." The folks at PETA, never content to leave well enough alone, have demanded that Timothy McVeigh's last meal be meat-free, prompting Mr. McVeigh to write them a letter suggesting that since his "time is short," they should proselytize Ted Kaczynski instead. Though an effort by the Internet pornographer who runs "Voyeur Dorm" to merchandise the execution as a live $1.95 Webcast was derailed in court, such video could yet proliferate on the Web anyway, not unlike the Tommy Lee-Pamela Anderson sex tape. By boasting about "the latest encryption technology" and "state-of-the-art video conferencing," Attorney General John Ashcroft has all but dared an international army of hackers to hijack the execution transmission he's sending over 500 miles of telephone lines from the death chamber in Terre Haute to the bombing's victims and survivors in Oklahoma City.

Mr. Ashcroft has also set the inevitable theme of the weeks between now and May 16: closure, big time. He has said that he hopes his closed-circuit TV show can help Oklahoma City's bereaved "meet their need to close this chapter in their lives." He hopes the country can achieve closure, too, by ignoring Timothy McVeigh. To this end, the attorney general has attempted to manage news coverage by forbidding TV interviews with the murderer and by trying to strong-arm the press into minimizing any reportage whatsoever of his final weeks of utterances. Otherwise, Mr. Ashcroft says, the media could become "Timothy McVeigh's co-conspirator in his assault on America's public safety and upon America itself."

Certainly all Americans hope that those who have suffered directly from this tragedy find a measure of peace in any way they can. But the notion that the country has something to gain by sweeping the murder of 168 innocent people and the execution of one guilty person under the rug is something only a platitudinous politician who's in over his head, like our new attorney general, could dream up. For some national wounds there is never any "closure" - witness the searing, conflicted emotions that rose up in many Americans, whatever their views about Vietnam, as they heard this week about the hidden past of Bob Kerrey. Only by learning from the blood bath in Oklahoma City, in which more Americans were killed than in our last war, in the Persian Gulf, can we grapple with its ghosts.

Already the McVeigh execution has served to deepen our growing national debate about the death penalty. As Sara Rimer of The Times reported this week, even some Oklahoma City victims and survivors have become vocal opponents of capital punishment - despite the efforts of Mr. Ashcroft, a death penalty advocate, to misrepresent all these grieving families as single-minded in their desire for Mr. McVeigh's obliteration. On Monday, George Ryan, the once pro-capital punishment Republican governor of Illinois who declared a moratorium on executions after repeated
exonerations of death row inmates, said he's now "struggling" over the issue and could not "throw the switch" on Mr. McVeigh.

A parallel, and less predictable, debate has arisen over the issue of televising the execution. Ever since the author Thomas Lynch made an eloquent case on this page in February for the public's right to see the death being enacted by the state in its name, many anti-death penalty editorialists have seconded it. One common line of argument is that a public execution will cause Americans to question their own support for future executions - though a chilling counterargument has it that a televised execution might go down all too smoothly in a gladiatorial culture where the W.W.F. and "reality" programming like MTV's "Jackass" and UPN's "Chains of Love" are prime-time entertainment. It's worth asking if we can actually tell the difference between reality and "reality" programming anymore. Don Hewitt, whose "60 Minutes" once aired a Kevorkian euthanasia tape, told The Philadelphia Inquirer that broadcasting an execution by lethal injection would be ho-hum. "People watch that on `E.R' every week," he said. "What's the big deal?"

But even as we debate the merits of holding or watching executions, there seems to be widespread support for Mr. Ashcroft's view that we avert our eyes from those of Mr. McVeigh himself. Charles Gibson of ABC News parroted the attorney general when he declared that he would anchor his network's execution coverage from Oklahoma City rather than Terre Haute because "the more important message is still with the survivors and the victims, and not with the message of this guy." (Since when is a network news anchor's job to send a message, let alone by his choice of urban
backdrop?) Similarly, the country's largest retailer, Wal-Mart, has banned the selling of "American Terrorist," the journalistic account of the bombing written by the 2 Buffalo News reporters who covered the story, Lou Michel and Dan Herbeck. The Army and Air Force Exchange Service, I learned this week, has also elected not to sell the book on military bases - maintaining, according to Maj. Philip Smith, its public affairs officer, that the decision was based only on "sales potential."

That explanation doesn't fly. The book is in fact a best seller - No. 2 on The Times's list - and deservedly so. The authors have woven 150 interviews, including 75 hours' worth with Mr. McVeigh, into what is likely to stand as the definitive record of the crime and the man who committed it. Though much publicity has attended the book's revelation of Mr. McVeigh's abhorrent lack of remorse, as exemplified by his description of the bombing's child casualties as "collateral damage," the Ashcroft head-in- the-sand attitude prevails in the relatively scant attention paid to the bulk of the book devoted to the ordinariness of its American terrorist. Mr. McVeigh was not your typical troubled loner who explodes on the nation's front pages. He was a Buffalo Bills fan, a junkie not for drugs but news, a Catholic of catholic cultural tastes ("Star Wars") whose unremarkable senior high school yearbook photo inscription read, "Take it as it comes, buy a Lamborghini, California girls."

The "most disturbing thing about him," said Mr. Michel, the book's co-author, in a conversation this week, "is that he's a 3-dimensional person. Most people would love to dismiss him as a Charles Manson or Jeffrey Dahmer a flat-line monster with a swastika on his forehead. But he's a son of suburbia who had every advantage in life." If anything, Mr. McVeigh, who had a latchkey childhood marked by some bullying, offers "a through line to the school shooters of today," says Mr. Michel. "It's to our peril as a society not to try to understand how he went from fairly normal to terrorist. For us to turn our back, and say no, this is just too painful to look at, is to invite the possibility of it happening again."

According to the psychiatrist hired by his defense attorney, Mr. McVeigh was sane. The rage that he brought home from the Persian Gulf war, in which he was a decorated soldier, was stoked by the insular, itinerant gun-show culture, which fed his Second Amendment absolutism and hatred of government (he considered assassinating Janet Reno). "There are millions of Americans who share his anti-government views," says Mr. Michel, some of the most extreme of whom are now writing fan letters to the condemned man in prison. Even Mr. McVeigh "calls them kooks and crazies," adds the writer, who remains in communication with his book's subject in his final weeks.

Those weeks are going to be filled with the white noise of an all-American circus. Any profiteer or publicity hound that can find his way to Terre Haute will do so, and will soon be dutifully showcased on TV for our delectation. But the false pieties of supposed leaders like John Ashcroft and those in the media who mimic his closure mongering are more offensive than the clowns peddling their tacky T-shirts. The circumstances that produce a Timothy McVeigh are not going to be eradicated by shutting down his interviews, banning his words or, for that matter, ending his life. To promote the fiction that such closure is attainable is, as our attorney general would put it, to be a co-conspirator in Mr. McVeigh's assault on America's public safety and upon America itself.

(source: Opinion, Frank Rich, New York Times)

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Security Will Be Tight At Prison Protests

Officials have mapped out how they will handle demonstrators at Timothy McVeigh's execution, agreeing on tight security that will severely limit
what protesters can bring on prison grounds.

Security will be so rigid that regardless of the weather, no protesters will be allowed to carry umbrellas.

"We've thought of every potential crisis that could develop, and we've got a game plan for it," said Jeff Trotter, assistant chief of the Terre Haute Police Department.

McVeigh, 33, is scheduled to be executed by injection at the federal penitentiary in Terra Haute for the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, which killed 168 people.

Officials decided Friday that demonstrators can begin gathering at 2 city parks the night before the May 16 execution -- 1 park for death penalty supporters and a 2nd for opponents.

Demonstrators will be screened by Bureau of Prison officials, searched with portable metal detectors, then allowed to board buses with barred windows.

They will be limited in what they can bring on prison grounds: a poster that can roll up, a candle with a wind shield, keys, cell phones and pagers, religious medallions and a hymn book, Bible or other book. Only those with medical conditions that require food and drink can bring them along.

About 20 buses will be available to shuttle protesters from the parks to the prison, where they may be searched again before being routed to 2 areas that are 500 yards apart.

Each group will be corralled by waist-high orange plastic fencing.

Each demonstrator area will have a tent for shelter for about 50 people and some seating, likely on bales of hay. The prison also will supply drinking water and portable toilets.

Warden Harley Lappin said he has been in touch with groups of death penalty opponents, but has no idea how many to expect for McVeigh's  execution.

(source: Associated Press)

 

Remorseless McVeigh is guilty -- so let him live

USA Today / 19 April 2001

By Paul Finkelman

Timothy McVeigh seems like a poster child for advocates of the death penalty. No one, not even his lawyers, doubts he bombed the Murrah Federal Building in Oklahoma City, killing 168 men, women and children in the worst incident of domestic terrorism in U.S. history. Far from denying his crime, McVeigh is proud of it.

Unlike so many death-penalty cases, this time we clearly got the right man. But, if his war was insane, McVeigh certainly was not, at least in a legal sense. He knew what he was doing, meticulously planned it and fully understood that people would die. That is what he wanted.

Indeed, Dr. John Smith, a psychiatrist hired by McVeigh's defense team, expressed shock at "the coldness, the almost glee with which he told me the details of the bombing, the expectation that at least 400 people would be killed."

In a legal sense, there is no insanity defense here. Nor can anyone claim McVeigh did not get a fair trial. He had some of the best lawyers in the nation arguing his case. He had the venue changed to a different state.  The government provided all of the support staff that anyone could ask for.

So how can anyone argue against execution?

Good reasons There are in fact six strong arguments against sending McVeigh off to his final reward:

* The traditional ethical argument that the state should never take life when it can avoid doing so. Had McVeigh violently resisted arrest and died in the process, the state would have taken his life because McVeigh gave society no choice. But McVeigh does not threaten anyone now, so we need not execute him. He took lives for no reason other than to make a statement. Do we do anything different by taking his life?
* McVeigh is no threat to anyone in the future. He can be confined for the rest of his life in a one-man cell in the bowels of the federal penitentiary in Terre Haute, Ind.
* Executing him will fit into McVeigh's game plan. McVeigh stopped all appeals to speed along the imposition of the death sentence. He is ready to die, and apparently wants to be executed. It is the final act in his drama. This is reason enough not to execute him. He wants to bring society down to his level -- of killing for revenge. In his mind, he wins by being executed. We win by keeping him in jail for the rest of his life.
* Executing him prevents us from ever learning the full truth about his co-conspirators. Years from now, he may tell us who else, if anyone, was involved in his plot.
* Executing McVeigh will not deter similar crimes. McVeigh fully expected to be killed by the police in a shootout, to die for his crime.  Knowing he might be killed or executed hardly stopped him. And it will not deter anyone else from committing a similar crime. In fact, executing McVeigh may encourage some equally pathetic and evil person to commit a similar crime.
*  Putting McVeigh to death may create a martyr. McVeigh knows his "cause," such as it is, will be served by his martyrdom. Some other twisted soul, tortured by living in a democracy where there is a general level of freedom and tolerance, will doubtless look on McVeigh as a hero who died for his cause. When we kill McVeigh, we complete his plan. He becomes the dead "hero." He gains yet another day, week or month of headlines.

But imagine if we do not kill him, if we declare him insane on the clear theory that no one in his right mind would do what he did. Reduce his terrorist act to an act of the irrational, evil, pathetic mind, then send him off to live the rest of his life in solitary confinement.

Executed now, he goes to his death young, vibrant, defiant -- heroic to the twisted and angry. Left in his cell, he ages. The "where are they now" pictures will show McVeigh wrinkled, raving and angry, frustrated to be alive. That would be the appropriate message to the next McVeigh: We will not give you the satisfaction of martyrdom or attention, or even dignify your irrational hatred by calling it a crime.  Instead, we will put you away to grow old, and eventually, without fanfare or notice, to die.

Such an inglorious and meaningless ending to the life of McVeigh many years from now would be the justice he deserves.

***
Paul Finkelman is the Chapman Distinguished Professor of Law at the
University of Tulsa College of Law.
© Copyright 2001 USA TODAY, a division of Gannett Co. Inc.
USED HERE WITHOUT PERMISSION
* * *

 

No Closure From McVeigh's Death by Richard Cohen

It was not that long ago when Americans gathered by the river to watch a good lynching, and snapshots were taken and made into postcards. Thesepictures, mounted recently for an exhibition at the New-York Historical Society, make you wonder who we are: What do those happy people at the lynching have to do with me?

This brings me to the perfectly predictable decision by Attorney General John Ashcroft to permit the survivors of the Oklahoma City bombing, as well as relatives of the dead, to watch Timothy McVeigh's execution by way of closed-circuit TV. The only thing more predictable than Ashcroft's decision was the certainty that others, in a vain attempt at irony, would call for the public telecasting of McVeigh's death. Let us have a true public execution.

These people do not, as my grandmother used to say, know their customers.

The problem with a public execution, aside from its sheer improbability, is that it would neither sicken most people nor cause them to question capital punishment. It would entertain. It would garner huge ratings and become the ultimate in reality programming.

We would discover that not much has changed since whole families posed for pictures with the sometimes-charred body of a black man hanging in the background.

So it was folly to think Ashcroft would deny the request of McVeigh's victims to see the killer die with their own eyes. This is the only way, some of the victims say, they will get this thing we call closure.

I do not mean to mock the emotions of the victims. I have not walked in their shoes, and so I have no idea how I would feel under similar circumstances. I do know, though, that those who seek this sort of closure are a mere minority of the victims, about 15%. And I do know that it is the solemn obligation of government officials to use their heads, not just their emotions, when making policy in the name of the American people. A polite "no" would have dignified us all.

Ashcroft, however, is an American Taliban who retired his mind from active duty years ago. If he would think about what he has authorized, he would realize that closure - closing the circle - is not what we need. It must be broken. The endless cycle of a life taken for a life taken - on and on - must be shattered.

McVeigh's execution only validates his thinking. He got even for Waco, and now we will get even with him. His most severe punishment would not be death, but a repudiation of his thinking - life in prison, no parole, no hope and, after a while, the rock-breaking fatigue of obscurity. In this way, his thinking would be mocked, his soapbox crushed.

McVeigh waived all appeals. His death, which he sees as his martyrdom, is his last, grand act.

He will die as he has chosen to, expeditiously and, in his infantile imagination, with a final, Wagnerian statement. Closure for him - just the depressing continuation of the cycle for everyone else.

E-mail: cohenr@washpost.com

 

Sadly, McVeigh is a typical American in many respects

Published April 10, 2001

Some people have professed to be shocked that  Timothy McVeigh referred to the deaths of the children  in the day-care center in the federal building at Oklahoma City as "collateral damage."

Why in heaven's name does that shock anyone?

Timothy McVeigh did not invent that phrase. He was a soldier, and the American government always refers to civilian casualties as "collateral damage."

It is much more than an Orwellian euphemism to  describe the deaths of innocent human beings. It is  meant to close the topic, to stop the conversation, to dismiss the lost lives as not worthy of any further discussion. They are, after all, merely "collateral damage." And one does not assume moral responsibility for "collateral damage."

I have visited with McVeigh's mother and seen pictures of McVeigh as a boy and as a young soldier. He is, whether we wish to admit it or not, a typical American in many respects. He has absorbed the lessons of modern America.

What are those lessons?

First and foremost, that violence is an acceptable way to settle a dispute. Look  how many times the American government has resorted to violence -- in Lebanon,  in Libya, in Panama, in Grenada, in Somalia, in Iraq, in Sudan, in Afghanistan, in Yugoslavia. And in Waco, Texas, and Ruby Ridge, Idaho. In every single instance, the deaths of innocent people were dismissed as "collateral damage."

Yet in all those instances, Americans did not profess to be shocked, nor did they  refer in hushed, horrified tones to the callousness of the government. In most cases, they cheered the violence. They, too, dismissed the dead children, the dead mothers, the dead fathers as "collateral damage." The U.S. government has  killed a million times more civilians than Tim McVeigh, its decorated soldier. And soon it will kill him.

People who are selectively horrified, depending on who the victim is, are, in fact, amoral people. The children in the federal building were no different than the children in Iraq, Yugoslavia or in the West Bank and Gaza. Nothing stings a  Palestinian more than to see the American press give prominent attention to the death of a Jewish child while routinely ignoring the deaths of Palestinian children.  They are all equal in their preciousness and innocence. It is racist to attach more importance to the death of one than to the death of the other.

Many Americans, while they may not wish to admit it, see themselves when they look at McVeigh. Oh, they don't have the nerve to act out their malice as he did,  but they are always eager to advocate violence; they, too, have cockamamie opinions based on propaganda; they, too, think that not all lives are equal and that some can be sacrificed for political reasons.

Some are already saying what "we should do to the Chinese" if they won't  release the crew on the Navy spy plane that landed on Hainan Island.  Well, there is an ugly fact that Americans had better remember before their blow-hard pseudo patriotism goes beyond rhetoric. Those American crew members are in China,  under the control of the Chinese government, and whether they will be released is entirely up to the Chinese government. Unless you wish to consider their lives as  "collateral damage," I would suggest that diplomacy rather than bluster and  threats is the better course of action.

The pilot, by the way, should not have delivered an American intelligence aircraft to the Chinese. He should have -- Navy folks tell me -- used his 60 miles to head  toward the nearest American or friendly ship and ditched the plane.

The crew did,  however, dump some of the machines and destroy the codes before landing, the Navy says.

At any rate, we are creating our own Frankenstein monsters, and McVeigh isn't  the only one by a long shot. A society that sends a message to its
children that  violence is the way to settle disputes, that might makes right and that not all lives are equal in value should not play the hypocrite when its sons and daughters  learn their lessons well.

For once, I'd like to see the entertainment industry, which also teaches that  violence is the way to solve problems, condemned for being the perverse purveyor of pornography that it is. For once, I'd like to see the American government  actually play the peacemaker instead of the bully. For once, I'd like to see Americans grieve for the deaths of all children whatever their race, ethnicity or  religion. For once, I'd like to see people realize that military action or other  government force is the last resort, not the first option, and only then in defense of innocent life.

McVeigh in one sense is also a victim. The deaths he caused were useless, and  his own death will be useless. No one will have served any useful or worthwhile purpose; certainly not him but just as surely not the government, either. Just pain and grief. We seem to produce both as mindlessly as Hollywood produces trash.

Reach Charley Reese at 407-420-5315 or creese@orlandosentinel.com

Copyright © 2001, Orlando Sentinel

 

Executing McVeigh gives him exactly what he seeks

Atlanta Constitution Staff
Friday, March 30, 2001

Tim McVeigh seems a perfect poster boy for capital punishment: a mass murderer, proud of his homicidal deed, without a shred of pity for his victims.

His latest display of cold-bloodedness, chronicled in a new book, "American Terrorist: Timothy McVeigh and the Oklahoma City Bombing," appears to confirm the correctness of his death sentence, slated to be carried out at a federal prison in Terre Haute, Ind., on May 16.

The book's collection of interviews of McVeigh, conducted by a couple of Buffalo (N.Y.) News reporters, fleshes out the stoic, smug figure clad in orange prison garb America saw fleetingly being shuttled back and forth between court and jail.

Six years after cutting short the lives of 168 men, women and children, the only regrets McVeigh can muster are positively chilling:

He remains disappointed that his truck bomb didn't level the Alfred P. Murrah Federal Building as a more dramatic demonstration of his personal war against a purportedly oppressive government.

He also is troubled that he killed 19 children in the process --- not because they were tender innocents but because their deaths "distract" from his supposedly revolutionary message. In fact, he icily dismisses his young victims as "collateral damage," glossing over their humanity.

Incidentally, the lead FBI investigator of the bombing hotly disputes McVeigh's contention he was unaware a day care center was located at the front of the Murrah building. McVeigh had to have seen day care center decorations --- obvious signs children were cared for in the building --- when he cased the building, according to FBI Agent Danny Defenbaugh.

Not only do the interviews make plain that McVeigh hasn't felt a tinge of remorse through six years of confinement, but it also seems obvious that given the opportunity, he would kill again.

What better candidate then for execution?

Or is he?

In his current frame of mind, he will go to his death supremely confident in the rightness of his cause and, no doubt, be elevated to a kind of sainthood in the eyes of a handful of deluded admirers. For him, it will seem a fitting end --- to be terminated by the same great tyranny that squashed its opponents outside Waco and at Ruby Ridge and, by the way, sought to deprive him of his assault rifles.

Might it not be better to let him sit in his cell for the rest of his life and ponder his deed, to let the weight of years and guilt tug at his mask of
self-righteousness? Might it not shake his core belief that the U.S. government is a cruel and evil institution if it refused to take his life to avenge his act of rebellion?

His execution could be delayed, but there's little chance he will avoid the ultimate penalty. The question is: Why should Americans be in a rush to give the fanatical McVeigh what he wants --- a martyr's death?

More "Collateral Damage."

The father of condemned Oklahoma City bomber Timothy McVeigh says he will honor his son's request and stay away from his execution May 16. "He sent me a letter about his execution and in it Tim said he didn't want me there," Bill McVeigh told The Buffalo News in its Saturday editions, adding that no other family members will attend.

Timothy McVeigh, 32, is scheduled to die on federal death row in Terre Haute, Ind. for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building, which killed 168 people including 19 children. McVeigh's father told the newspaper he had watched ABC's "PrimeTime Thursday," which focused on a new book in which his son admits to the bombing.

"I laid awake half the night," he said.

In the book, titled "American Terrorist: Timothy McVeigh and the Oklahoma City Bombing," a remorseless McVeigh calls the children killed in the bombing "collateral damage."

Details in the book marked the 1st time McVeigh has publicly and explicitly admitted to the crime.

"He's my son and I love him, but what he did was absolutely wrong, and I have no idea how anyone could do it," the elder McVeigh said.  "It's on my mind 95 percent of the time," he said. "When I'm busy, I'm not thinking about it. I try to keep going. I can't sit home and start thinking."

Timothy McVeigh, convicted of federal murder charges, has waived appeals and asked a federal judge to set his execution date. If the execution by injection takes place, he will be the 1st federal inmate put to death since 1963.  A co-conspirator, Terry Nichols, was sentenced to life in prison on federal conspiracy and involuntary manslaughter charges for the bombing.
He still faces a possible death sentence on Oklahoma murder charges.

(source: Associated Press)

Media Swarms Prison At Terre Haute

On the vast lawn outside the federal prison where Timothy McVeigh sits on death row, skinny wooden stakes already mark the spots where the major television networks will come to chronicle the Oklahoma City bomber's scheduled execution May 16.

If he listens closely enough in the days before then, McVeigh, 32, might be able to hear the rap of hammers as crews build sets for the network anchors who will welcome a worldwide audience to his deathwatch. The sets are part of what will amount to a temporary public square on the prison grounds, with designated areas for what are expected to be thousands of reporters and demonstrators.

As morbid as it sounds, McVeigh's execution is shaping up as the Next Big Show in a world of 24-hour news cycles, saturation coverage and heightened competition for ratings and readers. Besides being the public's revenge on the most notorious mass murderer of our time, McVeigh's appointment with a lethal injection represents the federal government's historic return to capital punishment after a 38-year gap.

Americans may not want to watch - and in fact there won't be much to see, since no cameras and only 24 witnesses will be allowed into the execution chamber. However, all the big television networks are betting that the public will tune in anyway.

That's why a media-driven frenzy is underway in this normally placid city of 60,000 near the Illinois border. Prison officials for whom routine is virtue have been taken aback by a flood of media requests that could alter the daily rhythm of the 1,300-inmate U.S. Penitentiary at Terre Haute, where the U.S. government keeps some of its most dangerous criminals.

TV networks have asked for permission to set up stadium-like lights to brighten up the prison at night, providing more "definition" to the scene behind the news anchors. Prison officials have not agreed to that; there is some concern that such lighting at night would interrupt inmates' sleep.

During the week of the execution, the networks will have golf carts on prison grounds to ferry supplies and "talent" between reporting locations and their sets. Portable microwave towers will be built to beam broadcast signals back to the networks' studios. Networks also have asked that caterers be given access to the prison grounds to provide their staffs with 3 meals a day.

Network officials acknowledge that their invasion might be a little overwhelming to people here, and that it might seem ghoulish to essentially build TV shows around an execution.

But "it's a huge story," says Marcy McGinnis, a CBS News vice president. "We have to tell it. It's not distasteful to tell a story that's got distasteful bits to it."

Not everyone here sees it that way. The anticipation of a nationally televised deathwatch already is rubbing some the wrong way, especially those who oppose the death penalty.

"It reminds me of the early days of Rome," says Sister Rita Clare Gerardot, a member of the Terre Haute-based Sisters of Providence who ministers to inmates at the prison.

"We're inviting all these people to come and enjoy it as we throw somebody to the executioner's hand," says Gerardot, who says she has seen McVeigh behind bars but has not talked with him. "As we get closer to the date, the spectacle becomes almost sadistic. It blows my mind."

As a news event, there is no disputing the significance of McVeigh's execution. And even the most vocal death-penalty critics say that McVeigh, who 6 years ago detonated the bomb that killed 168 people and destroyed the federal building in Oklahoma City, is an effective poster child for those who support capital punishment.

CBS will send at least 30 people, including Bryant Gumbel, to broadcast its morning program from the prison grounds. Anchor Dan Rather may host the network's evening news show from Terre Haute as well.

ABC News spokesman Jeffrey Schneider says the network will be "devoting extensive resources" to the execution, which he calls "a story that's of great interest to the American people." It's likely that the network will break into programming with a live report as the execution approaches.

The exact time of the execution has not been announced, but prison officials have indicated that it will be during the daytime on May 16.

"If you're Bryant Gumbel, what are you going to do that morning except to talk about the crime and the punishment?" asks Steve Brill, founder of the magazine Brill's Content, which examines the media.

Coverage of the McVeigh execution, like that of several school shootings, the saga of Elian Gonzalez, the trial of O.J. Simpson and other sensational stories, is likely to show the media at its best and worst, Brill says. "It'll probably produce more serious discussion about the death penalty than we've ever had, but it'll also probably produce more bad taste and more bad discussion about the death penalty than we've ever had," he says. "That's what you get when you get a lot of coverage."

It 'doesn't seem quite right'

For Terre Haute officials, the McVeigh execution is an economic boon-in- waiting that no one wants to talk about. The blue-collar city that gained brief notoriety in the late 1970s when basketball legend Larry Bird starred for the Indiana State University Sycamores stands to profit enormously from its role as host to what authorities say could be as many as 5,000 people who will come here for the execution.

All 227 rooms at the Holiday Inn have been sold out since Jan. 16, the day McVeigh's execution date was set by a federal judge in Denver. In subsequent weeks, every hotel and motel room in the city has been booked for the week beginning May 13.

Real estate agents are offering deals on vacant office space to the media. Families living near the prison have been getting calls from media outlets that have dangled money for the temporary use of their homes as news bureaus. Local restaurants, including The Stables Steakhouse, have been told by community leaders to brace for hungry crowds.

"I am amazed when I hear the numbers coming here," says Melody Richards, manager of The Stables. "It all doesn't seem quite right. What do you do? Run an 'Execution Special?' "

Even so, Richards says the restaurant will be ready. "We could take about 1,000 (diners) per night, if we had to. All we can do is be happy and be open. Right?"

Mayor Judy Anderson prefers to muzzle any talk of an economic benefit from the execution. She says that she doesn't know whether there have been any estimates of how much the community stands to gain, and that if such projections exist, "I don't want to see them. Keep it away from me.

"Somehow it doesn't seem right for us to have smiles on our faces because it's great for business," Anderson says. "But it is a fact of life. The best we can hope for is that people leave here with a good feeling about how they were treated. We're a place that just happens to be the federal government's home for death row."

Anderson clearly is concerned about another potential impact of the execution: violence from sympathizers of McVeigh, who, according to federal prosecutors, wanted to destroy the government that he blamed for the deaths in 1993 on the Branch Davidian compound near Waco, Texas.

Closing schools, government offices

Anderson and other officials have discussed closing local government offices on execution day, fearing that someone might target a government building here "to make a violent statement."

"Right now, we're leaning toward closing government offices," Police Chief Jim Horrall says. "If something's going to happen, we'd rather the buildings to be empty." Local school officials have already decided to cancel classes that day for 17,000 students, in part because parents have expressed concern for the safety of their children.

Sometime in the next month, Horrall expects the FBI to provide local law enforcement officials an "intelligence report" on groups of demonstrators who are likely to come here for the execution.

For months, Terre Haute's police force - about 124 officers - has been involved in crowd-control training. Authorities say the execution's crowds are likely to represent one of the largest gatherings in the city's history.

Barring any last-minute intervention - which is unlikely because McVeigh has given up further appeals of his case - the bomber will be the 1st person executed by the federal government since 1963.

The federal government rarely has imposed the death penalty, allowing states to take the lead on the issue. Capital punishment was banned by the U.S. Supreme Court in 1972, and when the court allowed executions to resume in 1976, few federal crimes beyond espionage and fatal assaults on federal facilities were punishable by death.

But since then, Congress has dramatically increased the number of death-penalty crimes, largely to crack down on drug kingpins.

The U.S. government's move toward resuming executions led authorities to designate Terre Haute's centrally located, 61-year-old prison to house the federal death row. An execution chamber where lethal injections can be performed was built here in 1995.

Horrall acknowledges that local law enforcement officials had hoped there would be an execution or two before McVeigh's, if for no other reason than to "get a couple under our belt before the crowds and the television cameras came for this one."

Juan Garza, of Texas, was to have been executed here on Dec. 12, but President Clinton, citing concerns about the disproportionate numbers of racial minorities on death row, postponed the death of the murderer and marijuana trafficker.

McVeigh's execution is "going to happen," Horrall says. "We have to do what we have to do. We have to be prepared."

Besides adding security and accommodating the huge media presence, the preparation has included confronting the community's feelings about being at ground zero for federal executions.

For four days last week, Terre Haute began that process with community discussions of the death penalty. Hosted largely by local churches, the meetings featured guest speakers such as Oklahoma City resident Bud Welch, whose daughter, Julie, was one of McVeigh's victims.

Speaking against the death penalty

Despite his loss, and to the annoyance of many in his hometown, Welch has spoken out against executing McVeigh and the death penalty in general.

"As the day (of McVeigh's execution) approaches," says Dave Cox, spokesman for the Sisters of Providence, "people are recognizing that they are going to have to confront this major event in some way. We're hoping this forum will stimulate some dialogue about some deeper issues people should be considering when something like this happens."

For now, though, much of the anxiety here is about how the media will portray a community that may not be quite ready for its close-up.

"It will be an interesting exercise for the people here," says Max Jones, editor of the Terre Haute Tribune-Star. "But I think that whatever happens may be a bit out of their control."

Jones credits prison Warden Harley Lappin with taking a leading role in helping to prepare the city for execution crowds. Even so, Jones says that he doesn't think a lot of residents are going to be happy "when they see (network) golf carts running around" the prison grounds.

Lappin has declined requests for interviews.

When discussing May 16, some residents here find it too unpleasant to use the word "execution."

"Nobody really knows quite what to call it," says Veronica McGlothan, a local meeting planner whose company is providing tables and chairs for some media outlets, as well as lining up catering services and additional electrical power sources.

"The confusion about what to call it is a measure of the gravity of staging something like this. Many are simply referring to it as a media event. That pretty much describes it, I think."

(source:  USA Today)


Execution Breeds PARANOIA!

Public schools in Terre Haute, Ind., and the surrounding county will close May 16 because of safety concerns tied to the scheduled execution of Oklahoma City bomber Timothy McVeigh.

"It's the unknown that concerns us," said Ray Azar, who is in charge of school safety and security there.

Mr. McVeigh, 32, is scheduled for execution at the U.S. Penitentiary in Terre Haute for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City that killed 168 people and injured more than 500.

Thousands of people -- including reporters and protests -- are expected to swarm the city on execution day.

Officials said the decision to close was based on worries about traffic jams and student safety, no because the schools had been threatened.

"We have had no threats. We try to emphasize that," Mr. Azar said last week. "Obviously, we're always concerned about school safety and security, especially when you have that number of visitors in the community from unknown backgrounds and so on.

"We just felt it was prudent for us to make this decision."

The closing affects the 16,000 students in the 3 high schools, 2 alternate schools and 30 others public education facilities in the consolidate city-county school district.

Classes at Indiana State University -- located in Terre Haute -- will not be canceled.

Mr. Azar said some bus routes run near the prison, and officials were concerned that the routes could not be run May 16.

"We could not be guaranteed that they would be able to get through on that particular day, and, if they were, it would be very slow going," he said.

The school district would not have to make up the day is state education officials agree to a waiver.

Molly Ellingsworth - mother of an 8th-grader at one of the schools closing for the day - does not agree with the move. She said schools are only allowing Mr. McVeigh to continue to act as a terrorist by shutting down the day of his execution.

"It just seems like it is an extenuation of what he did with the bombing originally," Ms. Ellingsworth said. "He's just controlling the whole situation and controlling people's lives.

"He's on this big ego trip."

(source:  Dallas Morning News)


AP article about Bud Welch

Bud Welch, whose daughter was killed in the Oklahoma City bombing, has every reason to hate Timothy McVeigh. Instead, he is traveling the country, preaching against the death penalty and calling for forgiveness for McVeigh. Everywhere Welch goes, the 61-year-old gas station owner delivers the same message: "There's no healing from killing people."

It is much different from how he felt at the time of the bombing of the Alfred P. Murrah Federal Building, the deadliest act of terrorism on U.S. soil. The 168 people killed included Julie-Marie Welch, a Spanish interpreter for the Social Security Administration. "Julie was my best friend, my pal, my sidekick. We hung out together all the time," Welch said. Welch felt only rage and sought only vengeance toward McVeigh and Terry Nichols, the two men convicted in the bombing. "I just wanted them fried," he said in an interview.

For weeks, he drank heavily to numb the pain so he could sleep at night. His pack-and-a-half cigarette habit went to 3 packs a day. This went on for nearly a year. One day, hungover and standing near the bombing site, he vowed to change.

He brought his drinking under control. He quit smoking in 1998. Most of all, he started talking about forgiveness. And as news of his stance spread, people wanted to hear him.

Welch recalled television footage of Bill McVeigh, the bomber's father. "I could see quite a large man who was stooped in grief. I could see the pain in his eye," Welch said. "I recognized the pain because I was going through it."

Welch was invited to speak in upstate New York and allowed a nun to arrange a visit with Bill McVeigh and his daughter Jennifer. As the 2 men discussed Bill McVeigh's garden, they found common ground. The 2 Irishmen had been raised Catholic.

Welch couldn't take his eyes off a picture of Timothy McVeigh hanging on a wall. "I said, God, what a good-looking kid," Welch recalled. A tear formed in Bill McVeigh's eye.

"What I found that morning in western New York was a bigger victim than myself," Welch said.

He put his arms around Jennifer McVeigh and hugged her. "I said, honey, the three of us are in this for the rest of our lives," Welch said.

Later that night, Welch sobbed.

"It was like all of this tremendous weight had been removed from my shoulders," Welch said. "I never felt closer to God than I did at that moment."

Executing McVeigh would only hurt more people, Welch said: "We're going to victimize another family now, people who are innocent." Welch said relatives of some of McVeigh's other victims probably resent his message of forgiveness.

About 250 people who were injured or lost loved ones in the bombing have told the government they want to see McVeigh take his last breath. As a result, the government is considering a closed-circuit TV broadcast of the execution by lethal injection.

"They think they'll get some type of healing," Welch said. "There's nothing about killing that's going to help them."

(source: Associated Press)


Costs of Killing Escalate

The onlookers and protesters expected to turn out for Timothy McVeigh's May execution have prompted local officials to seek more than $90,000 in federal money for training and overtime pay.

James Cross, executive assistant at the U.S. Penitentiary, said the requests for crowd-control training and overtime pay have been forwarded to the Bureau of Prisons' central office.

No decision has been made on the requests, Mr. Cross said, adding that: "We completely understand their needs."

Mr. McVeigh, convicted for his role in the 1995 bombing that killed 168 people at Oklahoma City's federal building, is to be put to death by lethal injection May 16 at the U.S. Penitentiary south of Terre Haute.

State Police Lt. Mark Hartman expressed confidence in the level of cooperation among agencies, but local officials are concerned someone might use Mr. McVeigh's execution as a chance to commit a terrorist act.  "We're trying to think of everything that someone could do to disrupt things," said Jon Marvel, Vigo County's chief deputy sheriff.

Combined with a request by Terre Haute's fire department, local police departments are asking for almost $90,000 to pay their share in handling whatever may arise.

The Vigo County Sheriff's Department has estimated it needs $4,000 and the State Police, $8,500.

(source: Dallas Morning News)


McVeigh Case Spurs Questions About Public Executions
By John Masson, The Indianapolis Star

The prisoner trembles as he's led past thick prison doors into the muddy street filled with spectators.

The gallows looms. A hangman offers a chance for a few last words -- and a hood.

For centuries, this was a familiar scene in Europe and early American cities.

The last U.S. public execution, held in 1936 in Owensboro, Ky., brought out 10,000 people who munched hot dogs and guzzled Cokes while 22year-old Rainey Bethea swung from the scaffold.

Today, executions have been driven behind prison walls, banished by changing public tastes. Over the centuries the deplorable behavior of spectators, who were supposed to be learning a moral lesson but instead treated the event as a carnival, helped force the death chamber behind bars.

But will it stay there?

The May 16 lethal injection of Oklahoma City bomber Timothy McVeigh at the federal penitentiary in Terre Haute, Ind., has prompted calls for a closed-circuit telecast to accommodate as many as 250 survivors and relatives, who want to see the execution but can't fit into the witness room.

And the bomber himself, perhaps hoping to turn his death into a lasting monument to his anti-government cause, has asked that his execution be broadcast live on network television.

The federal Bureau of Prisons says live TV won't happen. But the bureau is considering the closed-circuit feed. What that means for the future of capital punishment -- and whether it represents a first step back outside the prison gates for the state's ultimate display of power over its citizens -- remains a question.

Victim's father: 'This is not a sporting event"

Even though Tom Kight supports the death penalty in McVeigh's case, the thought of a network broadcast appalls him. ''I'm totally opposed to that. We did that back in the old Wild West days, when we had lynchings,'' said Kight, who lost daughter Frankie Ann Merrell in the blast at the Alfred P. Murrah Federal Building on April 19, 1995.

''I don't think it's much appropriate to watch it sitting in a bar, having a cocktail. This is not a sporting event. This is about a man's life, and it's about 168 other lives.''

He recalls overhearing his fellow Oklahomans, gathered around the site of the blasted federal building shortly after the bombing, talking about how they would handle the bomber if they got their hands on him.

''They'd be saying, 'Hey, we shouldn't even have a trial. They should just let us have him. We'd take care of it, and save the government a lot of money,' '' Kight said. ''But where would it stop? I think that's what the problem was with Tim McVeigh. He became judge, jury, and executioner because of Waco and Ruby Ridge. He became a vigilante.''

Kight likes the idea of the closed-circuit telecast for victims' families. But Kight's former wife, Marsha Kight, who works for the National Organization for Victim Assistance in Washington, D.C., opposes the death penalty, mainly because lethal injection means McVeigh will simply, albeit permanently, be put to sleep.

''Basically, that's what would happen when he's executed. And I have a life sentence,'' she said. Better for him to live on in solitary confinement, she said, free to think about his crime.

Viewing McVeigh's execution would make her feel ''dirty.'' ''There are probably those who hope it will give them some sense of relief, and I don't think that'll happen.''

Modern solemnity in the face of execution represents a tiny blip, of course, in Western civilization's history of public disembowelment, drawing-andquartering, flaying, stake-burning, impalement, hanging and beheading.

How European governments, and later those in America, became so accustomed to putting their citizens to death has a 1,000-year history leading back to when the Roman Catholic church and its pope were among the main governing forces in Europe.

That's when killing non-believers for religious reasons was approved for the first time by the church.

''It's there that we see the acceptance of violence for the sake of the church,'' said James Megivern, author of a book on the roots of the death penalty and a professor at the University of North Carolina at Wilmington.

But soon, the church authorized death not only for nonChristians, but also for heretics -- former Catholics who didn't abide by the teachings of the church.

Catholic support of the death penalty declined over the centuries. In 1995, Pope John Paul II repudiated it completely, according to Monsignor Joseph Schaedel of the Archdiocese of Indianapolis.

Private executions not a deterrent, some say

But the pope's rejection had little effect in the United States, where executions are performed by 38 states and the federal government.

The United States is alone among Western democracies in maintaining capital punishment. But the private way in which executions now are carried out has weakened one of the arguments in its favor, some say.

''Deterrence was a major reason for the existence of all punishment,'' said Bruce Adams, a history professor at the University of Louisville. ''The idea is to frighten people, to make them think, 'This is me if I do what this person did.''

The problem was, festive crowds at historical executions usually chose to focus more on the entertaining aspects of the situation and less on the lesson.

''It wasn't mainly entertainment, but it was often treated that way by the crowd,'' Adams said. ''There were always hawkers and barkers and people making a couple of pennies on the side while someone else was being hanged.''

The executioner's retreat into the prison yard -- which some say was made to preserve the death penalty in the face of growing sentiment to abolish it -- has left curious contradictions in its wake.

For example, there are the people who show up outside a prison when an execution is scheduled inside. There's nothing to see, but they come just the same.

''Texas is probably best known for that,'' said Paul Leighton, an assistant professor at Eastern Michigan University. ''There are all sorts of tailgate parties in the prison parking lot. It's very much like the football tailgate parties. People bring the keg of beer, or the big coolers with the beer, and hang out, and whoop and yell and everything else.''

Leighton has mixed feelings about televising executions, but ultimately supports the idea. He backs up his argument by citing the need for accountability and the increasing openness of American government.

Cameras in the courtroom were unheard of a few years ago, he said. Now they're commonplace. Court TV, C-Span, and video cameras in police cars all work to make government processes more open. Some jails are even equipped with Web-cams, so Internet users can tune in.

And the now-dominant method of execution, lethal injection rather than the electric chair, is no longer so obviously violent as to be overwhelmingly offensive.

''It's an interesting argument, that we have to do (executions) in secret,'' he said. ''If there's nothing wrong with this, why are we so concerned?''

How long, then, before Americans can turn on their television sets and witness an execution by, as one British newspaper put it in a recent headline, ordering up a little ''Slay per View''?

''I think we're really headed toward this,'' Leighton said. ''It seems to me that if some of these democratic principles mean anything, we should do (executions) publicly, and deal with that, or we should abolish it.''

Others, such as professor Megivern, disagreed.

''That really is a step backwards,'' Megivern said. ''I don't think the American public would very long tolerate it.''

Monsignor Schaedel echoed Megivern, even though public revulsion at the process might give aid to those determined to abolish capital punishment.

''I don't think the end justifies the means,'' Schaedel said. ''I still don't think it would be appropriate. . . . I just think the gruesomeness of it is not worth it.''

Whatever becomes of the debate, Marsha Kight knows one thing: Nothing is going to bring back her daughter.

So she sought relief another way last month. She wrote her daughter's killer a letter, asking for the opportunity to sit down and talk to him before his time runs out.

''I'm hoping as you prepare for your final days, you will help me find some peace,'' she wrote.

McVeigh hasn't responded.

But that hasn't swayed Kight. She still refuses to take part in his execution.

''I don't want to be a part of the circle of violence.''


Trucker tries to leave Bible for McVeigh
Associated Press
The Herald-Times, March 9th, 2001

TERRE HAUTE - A trucker from Georgia was detained for three hours this week by federal prison guards after he tried to leave a Bible for Timothy McVeigh.

Steve Schlafer, 44, drove his semitrailer about noon Tuesday onto the prison grounds south of Terre Haute, where McVeigh is scheduled to be executed May 16 for the 1995 Oklahoma City bombing, after making deliveries in the area.

"I just recently became a born-again Christian and thought as a nice, kind, human gesture that I would try and stop out at the prison and see if I could give him a Bible," Schlafer said.

"I had expected just to drop the Bible off at a guard shack. There is no shack or any gates, so I drove into the property."

James Cross, administrative assistant at the prison, said "no trespassing" signs surround the entire penitentiary property and were clearly visible.

"As it gets closer to the execution, we of course will strengthen our security, but at this point with a lot of curiosity seekers, we are trying as tactfully as possible to deal with them," Cross said.

Schlafer said he decided on a whim to try to help McVeigh.

"I don't have a thing about Tim McVeigh," he said.

"He is an evil man and deserves to be punished, but he is also a human being. I felt perhaps a little kindness would help, at least help me, if nothing else."

Once on prison grounds, Schlafer spotted a sign for truck receiving and entered an office. There he asked whether the Bible could be delivered to McVeigh.

"I was told it could not. They looked at me a little funny," he said. "I am well aware that this is a little odd request and they have to be somewhat careful. But I figured since there was no guard or gate, I was doing nothing wrong."

Schlafer was assessed a $76 ticket for not having his log book up to date.

Cross said prison guards confiscated Schlafer's Bible for security reasons and that religious materials had to come through the prison's religious services department.

"There are specific provisions about what can be given to a Bureau of Prisons inmate as far as correspondence and personal property from outside people," Cross said. "We can't just give things that are just dropped off or sent to us to give to the inmate."


Some Death Penalty Opponents Favor Killing Terrorists

Americans view terrorism with such abhorrence that about 1/5 of those who usually oppose the death penalty would support the execution of a defendant convicted of a terrorist attack, survey results show.  About 20 % of the respondents surveyed by Los Angeles-based DecisionQuest, a jury and trial consulting firm, said they opposed the death penalty under all circumstances.

However, a significant number of those same participants said they would change their mind if a terrorist act was involved, particularly if the attack was both carried out by and killed Americans. The results of the survey were released to Reuters Tuesday.

Of these respondents 24.5 % said they would sentence to death an American who committed a murder through terrorism that killed people in the United States. The figures are 19.4 % for a foreigner who murdered Americans, 18.3 % for an American who murdered foreigners, and 15.1 % for a foreigner who murdered foreigners.

"The closer to home it is, the more likely they are to change their mind," said Dr. David Davis, a DecisionQuest senior vice president in Boston. "Terrorism evokes a strong punitive impulse in people."

The telephone survey of more than 1,000 adults was conducted Feb. 16-18. The margin of error was plus or minus 3 %.

Among other survey findings was that 12.1 % believed a murder committed by a terrorist is more deserving of the death penalty than other murders. The results also showed that between 72 % to 80 % (depending on the specific scenario) of those who support the death penalty under some circumstances would sentence a defendant found guilty of murder through a terrorist act to death.

MCVEIGH PASSES ON CLEMENCY

The death penalty survey began the same day that lawyers for condemned Oklahoma City bomber Timothy McVeigh announced their client passed up his last chance for clemency. McVeigh, 32, faces execution on May 16 for the bombing that killed 168 people. It would be the 1st federal execution since 1963.

McVeigh is scheduled to die by lethal injection on federal death row in Terre Haute, Indiana, for detonating a truck bomb on April 19, 1995, that destroyed the Alfred P. Murrah Federal Building in downtown Oklahoma City.

The survey also began the day that Martha Barnett, the president of the American Bar Association, reiterated the legal group's call for a moratorium on the death penalty. Barnett spoke at the ABA's midyear meeting in San Diego.

Barnett, who describes herself as a "reluctant supporter" of the death penalty, has been urging lawyers to take a more active role in stopping executions in their states until it can be shown the death penalty can be imposed fairly.

During last month's meeting, she said state and local bar group leaders would be receiving "tool kits" of materials in the coming weeks to help them work with legislators toward achieving such a moratorium.

The death penalty survey was also conducted about a week after testimony began in the Manhattan federal trial of 4 Osama bin Laden followers charged with conspiring with the Saudi dissident to kill Americans. 2 of the 4 men could face the death penalty if convicted.

The men are accused of trying to kill U.S. military personnel and civilians in schemes that began in 1989 and included the August 1998 bombings of the U.S. embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya. Bin Laden allegedly masterminded the blasts that killed 224 people, including 12 Americans, and wounded thousands.

(source: Reuters)  Used without permission


Moynihan: McVeigh execution blow to concept that life is sacred
By Kenneth J. Moynihan
Telegram & Gazette Political Columnist

     On May 16, at the federal prison in Terre Haute, Ind., the government of the United States will, on behalf of the American people and in the name of justice, kill Mr. McVeigh. Thus will he receive his legal punishment for setting off a bomb in the Alfred P. Murrah Federal Building in Oklahoma City and killing 186 people on April 19, 1995.

     Mr. McVeigh will die on that date because he has ordered an end to all legal efforts to save his life. Through his lawyer he has said that he prefers death to the alternative, which is to spend the rest of his life in solitary confinement. Within his greatly limited range of choice, Mr. McVeigh has made his decision, and he will get his way. But there's more to his victory than that.

     Given the scale and notoriety of Mr. McVeigh's crime, his impending execution took on an unusual dimension when about 250 survivors responded positively to the Federal Bureau of Prisons' invitation to come and watch the act being done. There is only enough space in the viewing room for eight, so arrangements are being made to allow the rest to watch on closed-circuit television.

     This overflow prompted Mr. McVeigh to write a letter to the Sunday Oklahoman, suggesting that the lethal injection and its effects on his body be turned into "a true public execution -- allow a public broadcast."

     It won't happen, of course. The authorities are not about to allow the condemned to exert even further control over the course of events. His request is being dismissed as a perverse publicity ploy, or as a way of calling even further attention to what he and similarly minded critics of the federal government regard as his martyrdom.

     The killing at Oklahoma City was an act of retaliation for what Mr. McVeigh and his supporters see as the criminal killings perpetrated by federal agents at Ruby Ridge, Idaho, and Waco, Texas. Mr. McVeigh chose Patriot's Day to visit vengeance upon the federal government. He goes to his death, apparently, believing that he is a patriot and a hero.

     Undoubtedly the hundreds of survivors who want with their own eyes to see Mr. McVeigh draw his last breath are motivated by a wide range of thoughts and emotions, and it ill behooves those of us who did not personally experience those days of agony or the next six years of lingering bereavement to make judgments about them. There are reasons, however, to consider what is going on with the rest of us.

     In killing Timothy McVeigh the federal government will be acting upon what is currently a principle of American law, that it is justifiable to punish killing by killing. We have done that 697 times since 1976, 14 times so far in 2001. We have more than 3,300 individuals stacked up on death rows.

     Mr. McVeigh likewise believes that it is justifiable to punish killing by killing. There is of course a huge legal chasm -- as well as a huge difference in scale -- between what he did and what the federal government is about to do to him. It is not a principle of our law that citizens -- or anyone else -- can retaliate against government violence by committing mass murder. Mr. McVeigh has nevertheless managed to bring the government of the United States and the people it represents onto a shared moral plane. Both parties are affirming that killing is a legitimate tool for asserting what is right.

     Why, really, won't we watch Mr. McVeigh being executed? Opponents of the death penalty naturally regard the prospect as abhorrent, but many who support capital punishment also don't want a public execution. They don't, as noted earlier, want to enhance Mr. McVeigh's stature among those who regard him as a hero, and they don't want to let him further manipulate his final living moments as a celebrity. But there's more.

     Death-penalty supporters also tend to argue that while capital punishment is morally justifiable, public executions would hearken back to a less civilized past, would tend to coarsen feelings, would dull sensitivity to the sacredness of human life. This may suggest that an underlying reason why some people don't want to look is that they are not as convinced as they think they are that our government is doing the right thing.

     In a New York Times op-ed piece, author Thomas Lynch did not argue that capital punishment was wrong; only that all who believe it is right should be willing to witness it in action. "What other justice, righteousness or humanity would we turn our faces from?" he asked. "It will be we the people who put Timothy McVeigh to death ..." he wrote, "and we the people should be allowed to watch."

     Recognizing our "national ambivalence about doing evil to our most evil evildoers," Mr. Lynch suggested "that if we cannot watch, then we should reconsider."

     Writing in Newsday, criminology professor Paul Leighton of Eastern Michigan University came to a similar conclusion: "If we cannot televise McVeigh's execution to the world and deal with all its implications, nationally and globally, then McVeigh's should be the last execution in this country."

     We cannot finally escape the evil of choosing to do evil. If events unfold as they apparently will, an advocate of killing for righteousness' sake will get the United States to stand with him, even as it kills him for righteousness sake. Whether we will have witnessed it or not, Timothy J. McVeigh, with the help of our government, will have struck another blow against the concept that human life is sacred.

Kenneth J. Moynihan's column appears regularly in the Telegram & Gazette. © 2001 Worcester Telegram & Gazette Corp. http://www.telegram.com/oped/ken7.html Used WITHOUT Permission


Get Ready For The Circus

The warden of the federal prison where Timothy McVeigh's execution is scheduled to occur in May is warning county officials to brace for a media "city" outside the prison.

Warden Harley Lappin of the U.S. Penitentiary in Terre Haute says 1,300 media representatives have told the Bureau of Prisons that they plan to cover the May 16 execution of the convicted Oklahoma City bomber. The media intend to erect portable buildings, trailers and staging platforms outside the prison, raising public safety issues, he has told the Vigo County Safety Commission.

"It's shocking to me what they want to do. They want to build a city out there," Mr. Lappin told the commission last week.

Mr. McVeigh was convicted of murder and other charges in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. The blast killed 168 people and injured more than 500 in the deadliest act of terrorism ever on U.S. soil.

Mr. McVeigh is to die by lethal injection inside the prison.

As the media begin arriving, Mr. Lappin said residents could count on traffic congestion near the prison and nearby Honey Creek Mall. At the same time, nearby hotels and restaurants expect to be doing a bang-up business.

Media organizations have asked for a list of caterers or restaurants that deliver.

"When you bring in 1,500 people, you're talking about a lot of carry-out," Mr. Lappin said.

Television networks will set up staging areas on prison property, and plan to broadcast morning and evening news programs from the site. Media representatives will arrive in Terre Haute as early as the Thursday or Friday before the execution, which is set for a Wednesday, Mr. Lappin said. The time of the execution has not been decided but will be between 9 a.m. and 6 p.m., he said.

"Our hope is we have it done after kids are in school and before they get out of school," Mr. Lappin said.

He said prison officials didn't know how many protesters would gather for the execution. But all the protesters will have to park their cars away from the prison and be bussed in, passing through metal detectors before reaching prison property.

Prison officials have talked to Amnesty International, which likely will bring the largest contingent of anti-death penalty protesters. The group intends to be peaceful and will abide by prison guidelines, Mr. Lappin said. (AAC COMMENT:  The person the prison has spoken with is an Amnesty volunteer who is a part of our planning process - FYI.)

The Bureau of Prisons has not decided whether it will allow hundreds of victims and family members of the bombing to watch the execution via closed-circuit television. The bureau might let them watch by closed-circuit television in Oklahoma City or Terre Haute.

Fire Chief Mike Gummere of the Honey Creek Fire Department said the circus like atmosphere the execution will likely create disturbs him. "It's a sad testimonial to the American public that this is all we have better to do, [to] send 1,500 media people to come watch this," he said. "I think this whole thing is pathetic."

(source: Dallas Morning News)


Execute Terrorists at Our Own Risk
By Jessica Stern The New York Times,
Published February 28, 2001

CAMBRIDGE, Mass. As a nation, we have decided that terrorism that results in loss of life should face the possibility of the death penalty. But is this wise?

This question is worth asking, now that four men are being tried in New York for their alleged participation in the 1998 bombings of American embassies in Kenya and Tanzania, which killed 224 people and wounded thousands. Two defendants, Mohamed Rashed Daoud al-'Owhali and Khalfan Khamis Mohamed, who allegedly worked for Osama bin Laden, could face the death penalty if convicted.

Another terrorist, Timothy McVeigh, is scheduled for execution on May 16 for his role in the bombing of the federal building in Oklahoma City. Mr. McVeigh has refused to appeal his death sentence, preferring, he now says, to have his execution broadcast live on television. Some of his victims worry that Mr. McVeigh will become a martyr, inciting further violence.

One can argue about the effectiveness of the death penalty generally.  But when it comes to terrorism, national security concerns should be paramount.  The execution of terrorists, especially minor operatives, has effects that go beyond retribution or justice. The executions play right into the hands of our adversaries. We turn criminals into martyrs, invite retaliatory strikes and enhance the public relations and fund-raising strategies of our enemies.  Moreover, dead terrorists don't talk, while a live terrorist can become an intelligence asset, doling out much- needed information.

Of course, imprisoning, rather than executing, terrorists is not risk-free.  Supporters could try to kidnap Americans, and refuse to release them until their colleagues are released. Still, other countries with far more experience in counterterrorism have concluded that imprisoning terrorists is the better option in the long run.

For instance, the United Kingdom in 1973 debated whether to repeal the death penalty in Northern Ireland. By a margin of nearly three to one, the House of Commons decided that executing terrorists, whose goal is often to martyr themselves, only increased violence and put soldiers and police at greater risk. In a highly charged political situation, it was argued, the threat of death does not deter terrorism. On the contrary, executing terrorists, the House of Commons decided, has the opposite effect: It increases the incidence of terrorism.

The Israeli government unwisely creates martyrs with what it calls preventive attacks, in which military or intelligence operatives kill those suspected of terrorism. By contrast, judges in Israel have never sentenced terrorists to death; capital punishment would be dangerous and counterproductive.

Terrorism's greatest weapon is popular support. We've already seen this dynamic at work. After Mr. bin Laden's 1998 embassy bombings, the United States retaliated by striking a purported chemical weapons facility in Sudan and a few crude camps in Afghanistan. The result? In the extremist religious schools I visited in Pakistan after the attack, Mr. bin Laden had become a hero. Parents named their children after him. Schools and businesses were renamed in his honor.

Does anyone believe that executing his minions will deter Mr. bin Laden from future terrorist attacks? The opposite is far more likely: the United States could become more frequently targeted.

Our most powerful weapon against terrorists is our commitment to the rule of law. We must use the courts to make clear that terrorism is a criminal act, not jihad, not heroism, not holy war. And then, we must not make martyrs out of murderers.

Jessica Stern, a lecturer at Harvard's Kennedy School of Government, served on the National Security Council from 1994 to 1995.


Faith Community Opposes Execution

Cardinal Francis George said Monday that even Oklahoma City bomber Timothy McVeigh can repent, and the faith community should oppose his scheduled May 16 execution.

George, head of the Chicago Archdiocese, said crime victims and their families find healing only through forgiveness, not vengeance.  "The promise of closure is a false promise, it won't be closed" by the use of the death penalty, George said at a seminar sponsored by Evansville's Catholic diocese. "The heart is not healed by killing somebody."

McVeigh was convicted in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City that killed 168 people. He is scheduled to be executed by lethal injection at the federal prison in Terre Haute, about 100 miles north of Evansville.

Society must allow for the possibility that McVeigh will repent "so that what he has done will not kill all of us morally," George said.  The Catholic church's stance on the death penalty has evolved, George acknowledged.

In the past, the death penalty was necessary to protect society, but a modern penal system can protect the public from the criminals, George said.

"It's no longer morally justifiable," George said at a news conference prior to his speech.

McVeigh has dropped all of his appeals, and George said that by executing him, the state is essentially assisting in his suicide.

The cardinal urged Catholics to write letters to newspapers in opposition to McVeigh's execution and to hold prayer vigils the day of his execution.  However, he said protests should stop short of becoming a circus that would "further brutalize our society," George said.

He also asked for prayers for McVeigh's soul, the people ministering to McVeigh and his victims' families.

The church's stance against the death penalty does not mean it has forgotten the victims and their families, George said.

Leading up to a well publicized execution such as the one expected for McVeigh, those opposed to the death penalty are often falsely portrayed as not being on the side of the victim's family, George said.

"We have to check ourselves to make sure that is not true," George said.  Sister Helen Prejean, who wrote the book "Dead Man Walking," also is scheduled to speak in Evansville against the death penalty on May 6.

(source: Associated Press)


Washington Post
News Article 1/30/2001

 From the Washington Post.  Used WITHOUT permission.

The extraordinary nature of the Oklahoma City bombing, and the sheer number of those it affected, is likely to pose some unusual challenges for the government as it prepares for the May 16 execution of Timothy J. McVeigh.

The federal government has written to 1,100 victims of the crime, asking relatives of the dead and survivors of the 1995 truck bombing if they wish to witness what may be the first federal execution in 38 years.  Under the U.S. Bureau of Prison guidelines for executions, there are only 8 seats at the Terre Haute, Ind., federal death chamber set aside for so-called victim witnesses.

But the government has indicated a willingness to expand those numbers if needed.

"We are trying to evaluate the scope to fully determine what we are going to have to do to meet the needs of the victims," said Daniel Dunne, spokesman for the U.S. Bureau of Prisons. "We understand the unique nature of this case in the sense that there are so many victims."  Dunne said nothing has been ruled out, including the possibility of allowing a closed-circuit camera into the chamber to transmit the execution back to a designated location in Oklahoma City. McVeigh's lawyer said his client would not object. Attorney Karen Howick, who persuaded the court to allow a closed circuit hook-up for the federal bombing trials in Denver, said she is prepared to formally make the request to allow a camera in the execution facility.

"Any victim who wants to" should be allowed to witness the execution, said Howick. "I don't know how you choose what 8 people get to come to closure . . . The trauma of the bombing should not be exacerbated by telling people this is a lottery -- you take your chances."

McVeigh, 32, will be permitted to have 6 witnesses present: 2 attorneys, a spiritual adviser, and three relatives or friends. The decorated Persian Gulf War veteran was condemned to death in 1997 for the April 19, 1995, truck bombing of the Alfred P. Murrah Federal Building, which killed 168 people and injured more than 500 in the deadliest act of terrorism committed on American soil. His co-conspirator, Terry Nichols, escaped a death sentence in the federal case, and is awaiting trial in Oklahoma on state charges.

Last month, McVeigh unexpectedly dropped his remaining appeals, clearing the way for his execution by lethal injection. He reserved the right to ask for executive clemency, but his lawyers said he has not decided whether to do so. In any case, a grant of clemency from President Bush -- a staunch death penalty advocate -- is seen as unlikely. In Bush's 6 years as governor of Texas, 152 inmates were executed. Bush commuted a death sentence to life only once, for Henry Lee Lucas, when questions were raised about his guilt in that one murder case. "I harbor no illusions that George 'The Reaper' Bush would grant me a commutation of sentence, nor would I beg any man to spare my life," McVeigh recently wrote in response to questions from the Buffalo News, the New York newspaper from McVeigh's home area. Victims' families have been second-guessing his motives for ending his appeals, with a number speculating that he was simply being manipulative in trying to schedule his own death. Robert Nigh Jr., his long-time attorney, denied any sinister motives.

"He was just determined that he didn't want to proceed through the courts any longer," said Nigh. "He thought he had very compelling issues on direct appeal that were turned down. He believed that the likelihood of success on further appeal was nonexistent. He didn't want to keep pursuing it just for the purpose of delay. He doesn't want to give them any more paper to write on."

Besides, said Nigh, "existence on death row is not all it's cracked up to be." McVeigh has been confined to the Terre Haute federal penitentiary since 1999, when a special confinement unit was opened to house as many as 50 federal death row inmates; there are currently 20 death row inmates there. (The last federal execution was in 1963, when Victor Feguer was hanged in Iowa for kidnapping and murder.) The penitentiary also houses the only federal death chamber in the country in a separate building. 4 small witness rooms, for victims, the media, prosecutors and the inmate's representatives flank 2 sides of the chamber.

McVeigh spends his day in a small cell, isolated from the rest of the prison population, reading or watching television. His lawyers say he plays an active role in his case and stays current with the news.  Prosecutors alleged at his trial that hatred for the government drove McVeigh to blow up the building. He allegedly wanted to avenge the government's 1993 siege of the Branch Davidian compound near Waco, where about 80 people died. McVeigh has never admitted guilt or expressed remorse -- something the victims and their families hope he will do before he dies. His lawyers say he has no plans to grant media interviews.  However, McVeigh reportedly wanted his story told in a book, and he will get his wish. 2 Buffalo News reporters have written "American Terrorist: Timothy McVeigh and the Oklahoma City Bombing," based on 75 hours of interviews with McVeigh.  It will be published in April and, at a minimum, it is excepted to reveal for the first time McVeigh's motives.

(source: Washington Post)


News Article - Clinton Stays First Federal Execution
The New York Times
December 8, 2000

Clinton Again Delays Execution of Murderer
By MARC LACEY and DAVID JOHNSTON

WASHINGTON, Dec. 7 -
Concerned about the fairness of the federal death penalty system, President Clinton tonight delayed the execution of Juan Raul Garza for six months, leaving it to the next president to decide whether Mr. Garza, a confessed murderer, should be the first federal prisoner executed since the 1960's.

Mr. Clinton's decision to postpone the execution, which was scheduled for Tuesday morning at a federal prison in Terre Haute, Ind., was hailed by a broad coalition of death penalty opponents. But those opponents were displeased that the president stopped well short of their call for a complete moratorium on federal executions.

In delaying Mr. Garza's execution for a second time - the original execution date was Aug. 5 - Mr.  Clinton cited a current Justice Department review of racial and geographical disparities in the administration of the federal death penalty.  "I am not satisfied that, given the uncertainty that exists, it is appropriate to go forward with an execution in a case that may implicate the very issues at the center of that uncertainty," Mr. Clinton said.

A preliminary review by the department, cited by the president as disturbing, found that just a handful of United States attorneys accounted for 40 percent of federal death penalty cases and that members of minority groups were disproportionately represented among the 20 people on federal death row.

Mr. Clinton reached his decision after a meeting today with Attorney General Janet Reno; Eric H. Holder, a deputy attorney general, who oversees the department's criminal cases; Beth Nolan, the White House counsel; and John D.  Podesta, the White House chief of staff. It came after officials at the prison had already begun preparing for Mr. Garza's execution by lethal injection.

"In issuing this stay, I have not decided that the death penalty should not be imposed in this case, in which heinous crimes were proved," Mr. Clinton said. "Nor have I decided to halt all executions in the federal system.  "I have simply concluded that the examination of possible racial and regional bias should be completed before the United States goes forward with an execution in a case that may implicate the very questions raised by the Justice Department's continuing study. In this area, there is no room for error."

Mr. Clinton ordered the Justice Department to complete its review by the end of April, leaving more than a month before Mr. Garza's new execution date for the next president to consider the issue.

Mr. Garza's lawyers, Greg Wiercioch and Bruce W.  Gilchrist, filed a clemency petition with the president in September. The inmate has admitted to three drug-related killings but argues that he faces death largely because the crime occurred in Texas, one of the leading states in federal death penalty cases, and because he is Mexican-American.

Reacting to Mr. Clinton's decision last night, Mr.  Wiercioch said, "I'm relieved that the president acknowledged the serious problems with the federal death penalty and prevented an unconscionable act from being undertaken next Tuesday. But I'm disappointed that the president did not commute his sentence" to life imrisonment.

Federal prosecutors say Mr. Garza, 44, led a drug-running operation that smuggled tons of marijuana from Mexico.  He was convicted in 1993 in Brownsville, Tex., of committing one murder and ordering two others. The victims were Erasmo de la Fuente, Gilberto Matos and Thomas Albert Rumbo, associates of Mr. Garza.

http://www.nytimes.com/2000/12/08/national/08DEAT.html
Copyright 2000 The New York Times Company
Used WITHOUT Permission


Senator Feingold's Speaks Out
The Record on Executions
Senate Floor Statement of Senator Russ Feingold
December 7, 2000

Mr. President, I rise with regret to mark another milestone in the history of our system of justice.  This morning's papers report that yesterday the state of Texas carried out its 39th execution, the most of any state since 1862, when the military hanged 39 Native Americans in one day in Minnesota.  This evening, Texas is scheduled to surpass that record with its 40th execution.  This is a regrettable record.

This year, as of yesterday, states in America have executed 82 people.  We have reached a sad state of affairs when this Country executes nearly 100 people every year.  In 1998, only China and the Congo executed more people a year than did the United States.

And we have reached an inequitable state of affairs when nearly half of the executions this year * 39 out of the 82 to date * were carried out in just one state.  The state with the next most executions this year, Oklahoma, has had 11 executions.  Southern states have carried out nearly 9 out of 10 executions that have taken place this year.

Across the street, the building that holds the Supreme Court of the United States has emblazoned across its pediment the words "Equal Justice Under Law."  In a Nation that prides itself in that equal justice, how can we abide a system where nearly half of the executions are carried out in just one state?

Finally, I rise to mark the another milestone.  On Tuesday of next week, the Federal Government is scheduled to reenter the grim business of execution.  For nearly 40 years, no one has been executed in the name of the people of the United States.  That is set to change next Tuesday.

In the light of the demonstrated evidence of regional and racial disparity in the application of this most final punishment, I call on the President to stay that execution.  I call on the President to impose a moratorium on federal executions and establish a blue ribbon commission to examine the fairness of the system of capital punishment in America.

In September, the Department of Justice released a report on the federal death penalty system.  That report found that whether the federal system sends people to death row appears to be related to the federal district in which they are prosecuted or the color of their skin.

After the Justice Department released the report, White House spokesman Jake Siewert confirmed the President's view that "these numbers are troubling" and that more information must be gathered to determine "more about how the system works and what's behind those numbers," including "why minorities in some geographic districts are disproportionately represented."

We do not yet know why our federal system produces racially and geographically lopsided results.  We need a systematic review.

Many are joining in asking the President for a moratorium on executions.  Their ranks include, among so many others, Lloyd Cutler, the esteemed former adviser to Presidents Carter and Clinton; Julian Bond, Chairman of the NAACP; and the Reverend Joseph Lowrey, chair of the Black Leadership Forum and President emeritus of the Southern Christian Leadership Conference.

Yes, justice demands that crimes be punished.  But if we demand justice, we must administer justice fairly.

Before we reach the milestone of reinstituting Federal executions, let us pause to evaluate the fairness of our Nation's machinery of death.

Mr. President, let this be a milestone that we choose not to reach, next week.  God willing, let this be a milestone that we choose not to reach, if ever, for some time to come.

Mr. President, I yield the floor.

------------------------------------------------------------------------

Statement Of U.S. Senator Russ Feingold
On the Stay of Juan Raul Garza's Execution
December 7, 2000

President Clinton was right to delay the first federal execution in 37 years, and I'm hopeful this means he recognizes that there are problems with our federal government's current administration of the death penalty.  A stay for only one inmate, of course, does not completely address the systemic flaws in the federal system. A moratorium on all federal executions is the only full and fair response to a system that appears to be plagued with possible racial and regional disparities. I will continue the fight and intend to re-introduce my legislation next year calling for a moratorium on federal executions and the creation of an independent commission to review the system. But, tonight I am especially grateful for the President's courage and leadership on this matter.


Transcript of McVeigh's Competency Hearing

INDIANA:
OKC Bombing Trial Transcript - 12/28/2000 ----DENVER

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 96-CR-68
UNITED STATES OF AMERICA, Plaintiff, vs TIMOTHY JAMES McVEIGH,Defendant.
REPORTER'S TRANSCRIPT--(Hearing re Appeal)
Proceedings before the HONORABLE RICHARD P. MATSCH, Judge, United States District Court for the District of Colorado, commencing at 1:00 p.m., on the 28th day of December, 2000, in Courtroom C-202, United States Courthouse, Denver, Colorado.
Proceeding Recorded by Mechanical Stenography, Transcription Produced via Computer by Paul Zuckerman, 1929 Stout Street, P.O. Box 3563, Denver, Colorado, 80294, (303) 629-9285
APPEARANCES
SEAN CONNELLY, Special Attorney to the U.S. Attorney General, 1225 17th Street, Suite 700, Denver, Colorado, 80202, appearing for the plaintiff.
DENNIS W. HARTLEY, Attorney at Law, 1749 South Eighth Street, Suite 5, Colorado Springs, Colorado, 80906.
NATHAN CHAMBERS, Attorney at Law, 1601 Blake Street, Suite 300, Denver, Colorado, 80202, appearing with the defendant via live video conferencing from the United States Penitentiary at Terre Haute, Indiana.
PROCEEDINGS---(In open court at 1 p.m.)
THE COURT: Please be seated. We're -- we're convened in Criminal Action 96-CR-68 and Civil Action 00-M-494, United States vs. Timothy James McVeigh. The purpose for this session of court is to inquire directly of Mr. McVeigh regarding some papers that have been filed with the Court on December 11 of this year, 2000.  Mr. McVeigh will be attending this session of court by video conference equipment. And I see Mr. McVeigh and counsel, Mr. Nathan Chambers, on the video equipment. Mr. Chambers, are you able to hear me?
MR. CHAMBERS: Yes, sir.
THE COURT: And see me?
MR. CHAMBERS: Yes, I am.
THE COURT: And Mr. McVeigh, you as well?
THE DEFENDANT: Yes, sir. Good afternoon, your Honor.
THE COURT: Good afternoon. I -- the room in which you are sitting is an
extension, really, of the public courtroom here in Denver, and I want you
to see this setting as well. So seated here with me at counsel table are
your co-counsel, Mr. Dennis Hartley.
MR. HARTLEY: Good afternoon, your Honor.
THE COURT: Good afternoon. And Mr. Ellis Armistead, who has been is assisting in this case. Mr. Sean Connelly, representing the Government. And this is a public courtroom, and the public is present. And there is a monitor where those in attendance in this courtroom can see you and Mr. Chambers. Have you seen -- I don't understand this equipment, so have you been able to see who is present --
THE DEFENDANT: Yes, your Honor.
THE COURT: -- Mr. McVeigh?
THE DEFENDANT: I can see. Yes.
THE COURT: And you understand, therefore, that this is a public proceeding here in court, just as all other proceedings have been when you've been present.
THE DEFENDANT: I understand.
THE COURT: All right.
THE DEFENDANT: Yes.
THE COURT: Now, if at any time anytime there is some kind of difficulty with the equipment and you, Mr. McVeigh, are unable to see or here, you tell me about it and I'll ask to get it fixed. Hopefully, it will be.
THE DEFENDANT: I will.
THE COURT: Thank you. Now, I want to review for you the present status of your case to be certain that you understand it. You know, of course, that on August 14 of 1997, I sentenced you to death on each of 11 counts on which you were found guilty by the jury and on the jury's special findings and recommendation. You know, of course, also that the court in that judgment said the following -- and I'm reading to you the paragraph -- most pertinent paragraph from the judgment. It reads that "pursuant to the provisions of 18 United States Code Section 3596, it is ordered that the defendant is committed to the custody of the Attorney General of the United States until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the defendant to the custody of the United States Marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State of Colorado. That's the final paragraph of the order, and you're aware of that.
THE DEFENDANT: Yes.
THE COURT: The conviction -- and I just want to review, you know, exactly what the present status is. The conviction and the sentence were affirmed on a direct appeal by the Tenth Circuit Court of Appeals, and the Supreme Court of the United States denied a petition for certiorari.
THE DEFENDANT: Right.
THE COURT: New lawyers were appointed to represent you: Mr. Hartley, who is here in Denver, Mr. Chambers, who is with you there in Terre Haute. They filed a motion to vacate that conviction and sentence under a statute called United States Code Section 2255 and for a new trial under Rule 33 of the Federal Rules of Criminal Procedure based on an allegation of additional or newly discovered evidence. Both of those motions were denied by a memorandum opinion and order that I signed on October 12 of this year, 2000, and which was entered on the docket in the clerk's office on October 13 of 2000. That decision is subject to review by the Tenth Circuit Court of Appeals, being an appeal from that decision.
Now, the rules provide that to exercise that right to appeal and have review by the Court of Appeals, a notice of appeal must be filed here with the clerk of this court within 60 days of the entry of the order denying the motion; and that 60 days expired on December 12 of this year. On December 11, your lawyers, Mr. Hartley and Mr. Chambers, filed a pleading called "Notice to the Court." Have you seen that?
THE DEFENDANT: Yes, I have, your Honor.
THE COURT: And you're aware of the contents of that notice, are you?
THE DEFENDANT: I am. I reviewed it before signing it.
THE COURT: And then attached to it is a document--
THE DEFENDANT: Right.
THE COURT: -- called the "Statement of Timothy McVeigh Regarding Notice of Intent to Forego Further Appeal." It appears to have your signature. Did you sign it?
THE DEFENDANT: That is my signature. I did sign it.
THE COURT: Now, who was present when you signed it?
THE DEFENDANT: It was Nathan Chambers, my attorney and Ellis Armistead, present there in the courtroom with you.
THE COURT: All right. Now, the -- I want to read the statement into the record to be sure that we're talking about the same thing. And the statement reads as follows: "I, Timothy James McVeigh, do hereby advise the Court and all parties that I do not wish to pursue any further appeals in this case. I believe that it is my right to forego any appellate remedies that may be available.
"In United States vs. Hammer, 226 F.3d 229, Third Circuit, 2000, the Third Circuit acknowledged that a defendant under sentence of death may waive his right to direct appeal. My case has already been through direct appeal, and the Tenth Circuit affirmed the conviction and sentence. If Hammer was allowed to waive his right to direct appeal, I should certainly be allowed to forego appeal from denial of my Section 2255 motion. "I believe that I am fully competent to make this decision. If the Court thinks that a psychological evaluation is necessary to make certain that I am competent, I will submit to such an evaluation. I will not justify or explain my decision to any psychologist but will answer questions reasonably related to my competency.
"My attorneys have explained to me the issues that they would raise on any appeal. I understand the appellate issues; and understanding those issues, I persist in my decision to forego appeal. This decision to forego appeal is done against the advice of my lawyers. "By foregoing appellate rights, I am not waiving any right to petition for executive clemency. I am waving further review by the judicial branch of the federal government. I am not waiving review by the executive branch. It is not my desire by waiving appeal to delay my execution. I request that the Court set an execution date or order the Director of the Bureau of Prisons to do the same, with the execution date to be within 120 days of the filing of this notice. "This waiver is my decision, and these are my words intended to convey my decision. I have asked my lawyers to file this notice with the Court." And your signature and the date, which I believe is December 7 of 2000. Do you have a copy of it there?
THE DEFENDANT: I do have a copy here.
THE COURT: All right. And I've read it correctly?
THE DEFENDANT: That is the same document, yes.
THE COURT: All right. Now, the purpose of this hearing today is that I'm obliged to ask questions of you to determine if this is your decision today as well as when you signed it. You certainly may talk with Mr. Chambers before answering any questions or making any statements. There is also available, as I understand it, in the room where you are a telephone that is not subject to monitoring by the Bureau of Prisons people, so that you may or Mr. Chambers may call to Mr. Hartley here. And, of course, any conversation there would be non-public. You indicated in your statement an awareness of the Third Circuit Court of Appeals in United states vs. Hammer. I take it that you've read that. Have you?
THE DEFENDANT: I did read it, and I had reviewed it in the process of formulating this document here.
THE COURT: All right. Now, the notice to the Court that your lawyers signed and filed has this language in it. I'm not going to read the whole notice, but the following language is included in it: "If the Court determines that Mr. McVeigh's decision is not knowing, intelligent, and competently made, until such time as the validity of the waiver of appeal is established and in order to preserve jurisdiction to consider any appeal, this pleading shall serve as notice of appeal from the Court's order of October 12, 2000, as required by Federal Rule of Appellate Procedure 4(a)."
I take you are aware of that language? Are you?
THE DEFENDANT: I am aware, yes.
THE COURT: Now, I've reviewed that language and I do not consider it to be a notice of appeal. In my opinion, there is now no appeal pending. And if Counsel intended for that to be in the nature of a protective notice, it has no -- in my judgment -- no validity. Therefore, as of this time today, December 28, there is no appeal pending. Do you understand what I'm saying?
THE DEFENDANT: I understand fully.
THE COURT: Now, the rules here of appellate procedure do provide what is called an extension of time, a motion for extension of time. And under that rule, it is provided that the district court -- me -- may extend the time to file a notice of appeal if a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires and that party shows excusable neglect or good cause. No extension under this rule 4(a)(5) may exceed 30 days after the prescribed time or 10 days after the date when the order granting the motion is entered, whichever is later. Now, you're still within the 30 days from December 12 of 2000, this being December 28. The 30-day time will expire on January 11 of 2001. Therefore, I have the authority on a showing of good cause to now extend the time for the filing of the notice of appeal to January 11, or to 10 days after an order entered before January 11. Do you understand?
THE DEFENDANT: I do.
THE COURT: So what I'm saying to you in plain language is you can change your mind and as of right now, you are not bound by or committed to the decision which you have communicated in your statement to the Court. Do you understand?
THE DEFENDANT: Yes.
THE COURT: So what I must do now is ask you questions so that I can determine whether you are making your decision knowingly, voluntarily, and intelligently and that you're competent to make this decision. That means, of course, that you have given careful and sober consideration of this choice with full awareness of the consequences of it. If you have any objection to anything that I ask you here, then I want you to tell me your reasons for objecting. Also, your attorneys may make any objections. Do you want to proceed with these questions?
THE DEFENDANT: I do.
THE COURT: Now, you are, of course, housed in a secure facility in Terre Haute, Indiana, operated by the Bureau of Prisons; correct?
THE DEFENDANT: Yes.
THE COURT: And tell me generally the conditions that you are under there in your confinement.
THE DEFENDANT: Well, each inmate on death row is housed in an approximately 8-by-10 cell, single-occupancy. We have all the basics of 3 meals a day, running water, electricity. We have television, resources for the law library. We have recreation 3 days a week, showers 3 days a week, and other general conditions common to prisons. THE COURT: All right. Now, tell me this: Is there anything about the conditions of -- in which you're now housed that have in any way influenced this decision?
THE DEFENDANT: Not in any great, weighty way.
THE COURT: I mean, obviously it's confining and restricting.
THE DEFENDANT: Exactly.
THE COURT: And the reason that I ask this question, Mr. McVeigh, is the suggestion could be made that the conditions are so bad that you'd, to put it plainly, rather die than continue living under them.
THE DEFENDANT: And if I may respond plainly --
THE COURT: Yes.
THE DEFENDANT: -- reading into the question, there is -- I am under no duress from the conditions of my confinement to ask for this waiver of appeal, nor am I under any coercion or duress from the officers that work here.
THE COURT: All right. Well, you anticipated some questions initially, and I appreciate that. Have you been given any medications while you're there?
THE DEFENDANT: Only limited for heartburn, Zantac or Pepcid, that kind of thing.
THE COURT: Yeah. And have you taken any medications within the last 24 hours?
THE DEFENDANT: I have not.
THE COURT: And, of course, I understand that you have talked with your lawyers about your decision.
THE DEFENDANT: Yes, I have.
THE COURT: And I'm not getting into what you said and they said. Obviously, that's privileged. But they have advised the Court in the Notice to the Court, as you have in your statement to the Court, that they have advised against your making this decision and have told you that in their opinion there are good grounds to appeal my decision. Is that correct?
THE DEFENDANT: That's correct.
THE COURT: Now, have you discussed this decision with anybody in the Bureau of Prisons or any representatives of the Department of Justice or any other U.S. Government agency?
THE DEFENDANT: Not in the course of making the decision. It has been mentioned as part of the daily routine. That's it.
THE COURT: Okay. And you've already indicated that no one there has put any duress or pressure on you to cause you to make this decision. Correct?
THE DEFENDANT: That's correct.
THE COURT: Is there anyone else who has put any sort of pressure on you or pushed you in some way into making this decision?
THE DEFENDANT: No. Quite the opposite: The only pressure I have felt is from those that were opposed to me making this decision.
THE COURT: Now, is there anyone that you would like to talk to about this decision that you've not been able to talk to so far?
THE DEFENDANT: I have had sufficient access and -- to people that I wish to speak to about this decision, and I do not feel additional need to speak with anyone else.
THE COURT: In your statement, you expressly say that you are not waiving your right to petition for executive clemency and that you're not waiving any review by the executive branch. I read that, and that's what you're saying; right?
THE DEFENDANT: Basically, what I did was review the Hammer decision --
THE COURT: Yes.
THE DEFENDANT: -- and differentiate his case from my case and then further step back and, not being a jailhouse lawyer, try to interpret it the best I could as a layman. And with my knowledge of the system, I understand that the judicial branch and the executive branch are separate; and I wanted to ensure that this proceeding preserves the right to file for executive clemency.
THE COURT: All right. Now, what is your understanding of executive clemency?
THE DEFENDANT: From reading the applicable regulation 28 C.F.R. 1.1 and 26 -- lays out that within 30 days of a date being set, I have the option of filing with the executive branch of the government -- in this case, it's through the Department of Justice, I believe, Pardons and Parole Board -- a request for executive clemency. The President, as I understand it, has almost unlimited power in this respect. And from there, the Department of Justice files its own report, hears its own witnesses, and then submits everything up to the President, and he makes the final decision.
THE COURT: So you are aware, then -- and I'm not an expert in executive clemency, so I'm not giving you any kind of expert opinions here; but the petition, of course, is to be addressed to the President of the United States and does go through the Office of Pardon Attorney in the Department of Justice, an executive branch department. That's -- you've already indicated you understand that.
THE DEFENDANT: Yes.
THE COURT: And the Department of Justice has issued regulations both for the procedures to be followed in carrying out a sentence to death and the procedure to be followed for a petition for executive clemency; that is, commutation of a sentence to death to some lesser sentence, or reprieve, a stay of -- a postponement. You understand?
THE DEFENDANT: Yes.
THE COURT: Now, the procedures that are in the regulations for carrying out the sentence is, in summary form, that the director of the Federal Bureau of Prisons designates the date and time for the execution. The warden of the institution designated for carrying out the sentence shall give, in this case you, advanced notice of the date and time designated. Do you understand that?
THE DEFENDANT: Yes.
THE COURT: Then, as you've already mentioned, you have 30 days within which to file your petition with the Department of Justice, the Pardon Attorney, and all that. Is that your understanding?
THE DEFENDANT: