Feds Must Keep Bombing Evidence
STEVEN K. PAULSON
Jul. 02, 1998
DENVER (AP) _ A federal appeals court granted Timothy McVeigh another emergency injunction barring federal prosecutors from turning over evidence to state authorities.
McVeigh's initial request was rejected on procedural grounds, and his attorneys said the emergency order was needed because prosecutors decided to begin turning over the evidence beginning Monday.
McVeigh's attorneys asked Wednesday that the federal evidence be protected until his federal judgment becomes final.
Hours later, the 10th U.S. Circuit Court of Appeals granted McVeigh's request, saying it would remain in effect until the appeals court can review his motion.
Federal prosecutors argued against the injunction, saying the district court was within its discretion to allow the evidence to be turned over to the state. They also said McVeigh had no right to interfere with the principles of federalism separating state and federal law enforcement.
McVeigh's latest stay came after the appeals court lifted a temporary order banning federal prosecutors from turning over its files.
Oklahoma County District Attorney Bob Macy plans to charge McVeigh and co-defendant Terry Nichols with 160 counts each of murder. Macy said he will seek the death penalty in the April 19, 1995, bombing that killed 168 people and injured more than 500.
Lawyers for McVeigh and Nichols said state trials threaten appeals of their federal trials and constitute double jeopardy. They said the federal information should not be released until appeals are exhausted.
McVeigh was convicted in U.S. District Court of the bombing and eight counts of murder and sentenced to death. Nichols was convicted of conspiracy and involuntary manslaughter and sentenced to life.