McVeigh Gives Up Appeal

ByABC News
June 6, 2001, 10:12 PM

June 7 -- Timothy McVeigh has abandoned a last-ditch attempt to stay his execution and is ready to die.

McVeigh's lawyers said he decided not to appeal his case to the Supreme Court after a federal appeals panel turned down his request for a stay this afternoon.

"We have informed Mr. McVeigh of the 10th Circuit Court of Appeal's decision and we would like to say he intends to appeal," said attorney Rob Nigh. "But we cannot."

McVeigh also does not plan to ask President Bush for clemency, Nigh said. McVeigh, he said, wanted to spend the weekend before his execution preparing himself to die without the distraction of a court fight unlikely to go his way.

"We have encouraged him to explore all his legal options, sometimes against his own wishes," Nigh said. "I think his resolve was clear. He takes this much more instride than probably his lawyers do, most certainly."

Attorney General John Ashcroft, who had postponed McVeigh's execution from its original May 16 date and opposed any more delays, was pleased with the federal court's decision, issuing a statement that said: "Today's ruling by the 10th Circuit Court of Appeals is a ruling in favor of justice. Timothy McVeigh is responsible for the brutal murder of 168 people, including 19 children, and he will now be brought to justice."

Earlier today, McVeigh's lawyers appealed federal Judge Richard Matsch's decision Wednesday not to grant the convicted Oklahoma City bomber's request for a stay of execution to the 10th Circuit in Denver.

They argued they needed more time to analyze more than 4,000 pages of evidence in the case just recently handed over by the FBI, and contended Matsch used the wrong standard in rejecting the request for a postponement of his execution.

Preparing to Die

McVeigh's last chance would have been with an appeal to the U.S. Supreme Court. But after conferring with the condemned man following his latest legal setback, McVeigh's lawyers confirmed he wished not to pursue any more appeals and wished to die.