McVeigh to meet with lawyers Wednesday
TERRE HAUTE, Indiana (CNN) -- On the day he was to have been executed, Timothy McVeigh will meet with his attorneys to consider his next step in a case complicated by the discovery of FBI documents that were never made available for his defense.
"Anything is possible," said Robert Nigh, one of McVeigh's attorneys, who did not rule out an appeal.
The new scrutiny of McVeigh's case comes in the wake of the FBI's admission that some documents had never been turned over to the defense team.
McVeigh was scheduled to die by lethal injunction Wednesday for the April 1995 bombing of the Alfred P. Murrah federal building in Oklahoma City in April 1995. The bombing killed 168 people and wounded more than 500 others, making it the worst act of domestic terrorism in U.S. history.
U.S. Attorney General John Ashcroft last week postponed McVeigh's scheduled Wednesday execution until June 11 to give McVeigh's team time to review the material.
Nigh and McVeigh's other attorney, Nathan Chambers, spent Tuesday in Nigh's office in Tulsa, Oklahoma, before departing for the federal prison in Terre Haute, Indiana, where McVeigh awaits his fate.
Citing the new material, co-conspirator Terry Nichols last week filed an appeal with the U.S. Supreme Court, seeking a new trial. Already serving a life sentence for his role in the bombing, Nichols sits in an Oklahoma City jail, awaiting trial on state charges.
McVeigh letter dismisses John Doe. No. 2
Seven additional files showed up in a Baltimore field office after last week's discovery of 700 documents totaling more than 3,000 pages. Most of the documents deal with tips, leads and notes about a purported accomplice to McVeigh.
FBI field offices intensified efforts to find any documents that still may not have been turned over to McVeigh's attorneys.
As they have maintained with the earlier disclosure, FBI officials contend the seven additional files do not in any way contradict McVeigh's guilt.
For his part, McVeigh said there is no additional suspect. In a letter to the Houston Chronicle, McVeigh dismissed the speculation about a so-called John Doe No. 2.
The Chronicle reported that the letter was dated May 2, a week before the FBI disclosed it had not turned over all documents to McVeigh's defense team.
McVeigh's letter was written in response to a reporter's question about remarks from McVeigh's former attorney, Stephen Jones, that McVeigh had always inflated his role in the bombing.
McVeigh rejected Jones' assertions in the letter, writing, "And last, does anyone honestly believe that if there was a John Doe No. 2 (there is not), that Stephen Jones would still be alive? ... Think about it."
Senator critical of FBI
Following a closed-door meeting with FBI Director Louis Freeh on Capitol Hill Tuesday, Sen. Richard Shelby, R-Alabama, lamented what he described as "too many failures, too many blunders" by the agency. Shelby is chairman of the Senate Select Committee on Intelligence.
Some of us made some observations about the FBI, some of its recent problems ... A lot of successes with the bureau, but a lot of failures," Shelby said.
Some FBI officials said they feared workers at the agency would be made scapegoats over the recently discovered documents because lawmakers might want to spare Freeh further embarrassment in his final days as director. Freeh recently announced he would be stepping down.
The man who led the FBI task force investigation of the bombing, Danny Defenbaugh, now the special agent in charge of the FBI's Dallas office, is in Washington this week to explain why he took so long to notify his superiors of the newly disclosed documents.
FBI officials blamed the failure to initially turn over the documents on an outdated computer system. Sen. Jeff Sessions R-Alabama, said that even if that is true the FBI still erred in this instance.
"The FBI and the agencies rely on these computer systems, but it is their responsibility to have one that works," he said. "You simply can't allow documents of a significant number not to be produced in a case."
CNN Correspondents Kelli Arena in Washington and Susan Candiotti contributed to this report.
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