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McVeigh Wants Evidence Delayed

August 7, 1998

DENVER (AP) _ Convicted Oklahoma City bomber Timothy McVeigh asked an appeals court Thursday to delay the release of evidence to Oklahoma authorities until his appeal is decided.

McVeigh’s attorney, Robert Nigh Jr., argued in the 10th U.S. Circuit Court of Appeals brief that the delay would ensure a fair state trial if McVeigh’s federal conviction and death sentence is overturned.

Nigh also contended that efforts to prosecute McVeigh on state murder charges in Oklahoma would not be jeopardized by a delay in getting the evidence, which includes 25,000 FBI reports on the April 1995 bombing.

McVeigh’s brief echoed arguments made by Terry Nichols earlier this week.

Prosecutors have two weeks to file a response.

In June, the judge in McVeigh’s federal trial lifted two orders that prevented the release of the documents. The appeals court temporarily banned the release, pending a review of the arguments.

McVeigh, 30, has appealed his conviction on murder, conspiracy and weapons charges, as well as his death sentence. Nichols, 43, has appealed his conviction on involuntary manslaughter and murder charges and his life sentence.

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