Penalty phase for McVeigh begins

DENVER (CNN) -- The penalty phase for Timothy McVeigh began Wednesday, with jurors listening to testimony to determine whether the defendant lives or dies for committing the deadliest act of terrorism on U.S. soil.

Among those expected to testify for the prosecution are a 10-year-old boy who lost his mother in the Oklahoma City bombing and a rescue official who held a hand buried beneath the rubble, only to feel the pulse stop.

Prosecutors were to contend that the enormity of the bombing's impact on victims and families warrants the death penalty. Defense lawyers were expected to argue that McVeigh was clouded by misguided patriotism and should be spared.

The vote must be unanimous and cannot be overruled by the judge. If the jury cannot agree, the judge can impose a sentence of up to life in prison without parole.

McVeigh can testify in the penalty phase, but it was not immediately clear if the defense planned to put him on the stand.

On Tuesday, Judge Richard Matsch ruled that testimony from those who survived the April 19, 1995, bombing is relevant to the jury's decision in deciding McVeigh's fate.

Prosecution, defense lobby positions

Prosecutors want McVeigh put to death and plan to present emotional testimony from bomb survivors, victim's families and video of some of the children. The blast killed 168 people and injured hundreds of others.

Clint Seidl, 10, is slated to talk about losing his mother, a Secret Service worker killed in the blast. "I think it's real important to see that the guys who killed my mom get what's coming to them," Seidl has said.

The defense, meanwhile, plans to call about 40 witnesses in an effort to evoke sympathy for McVeigh, including a former Army roommate who has positive memories of the defendant.

"You'd think he was an all-American kid," David Dilly, the roommate, has told reporters. "He didn't cuss, didn't drink, was well-mannered."

Defense lawyers also were to call to the stand McVeigh's relatives, who were expected to talk of his troubled past. Other witnesses will describe the influences that shaped McVeigh's anti-government views.

The penalty hearing is a relatively new phenomenon in federal courts. The federal death penalty statute that applies to McVeigh has only been in effect since 1994, and nobody has been executed under it.

The last federal execution was in 1963, when a prisoner was hanged in Iowa for kidnapping and murder.

• Newsmaker Profiles: Timothy McVeigh
• Video Almanac: 1995 - Oklahoma City bombing
• Message Boards: McVeigh Trial

Related stories:

• McVeigh defense strives to avert death penalty - June 3, 1997
• McVeigh sentencing: Judge wants to avoid 'lynching' - June 3, 1997
• McVeigh guilty - June 2, 1997
• For many, verdict means justice - June 2, 1997

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