July 12, 1995
OKLAHOMA CITY, Okla. (CNN) -- The government has officially informed Timothy McVeigh's attorneys of its intention to seek the death penalty against McVeigh in the Oklahoma bombing case.
According to attorney Robert Nigh, a member of the McVeigh defense team, letters were exchanged late last night between his office and federal prosecutors. In the letter received by McVeigh's attorneys, the government officially provided its "30 days advance notice of a return of an indictment with a potential to seek the death penalty."
The latest official deadline for a return of the indictment is August 11 and, despite recent speculation that the date would be changed, this indicates that the August 11 date stands. Nigh said the tone of the letter as a whole indicates the date will hold.
The government's letter provided the defense team with an opportunity to make a presentation by July 28. The purpose: to show mitigating evidence. The U.S. attorney could then show this evidence to the Attorney General's committee that is helping make a determination on this matter. In the end, the Attorney General herself will make the decision. The defense team was also offered an opportunity to make the presentation directly to the committee.
Nigh said the defense will "absolutely not" make a presentation. He said, "It would be an exercise in futility. The President and the Attorney General have already gone on record saying they will seek the death penalty." Making any kind of a presentation to provide the mitigating evidence, said Nigh, would only serve the purposes of the government. "They are asking us to reveal our evidence, and they have yet to show one shred of discovery."
The defense team replied to the prosecutors, stating their reservations about the process. Rather than meeting with the Attorney General's committee, McVeigh's attorneys offered to meet with the President and the Attorney General directly.
In an interview with CNN, Nigh dismissed speculation that the government had at one point back-pedaled from its initial statements that it would seek the death penalty, in an effort to gain leverage in its dealings with McVeigh. Nigh said he never perceived anything other than a determination to seek the death penalty.
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