Lawsuit filed for stay of execution for Tim McVeigh


Lawsuit filed for stay of execution for Tim McVeigh
Wed May 16 01:39:53 2001

Alamance Independent

Lawsuit filed for stay of execution for Tim McVeigh

World exclusive - must credit Alamance Independent:

While Tim McVeigh and his attorneys continue studying the newly-revealed,
illegally-withheld evidence the FBI just turned over to them - and try to
decide what, if any, appeals to mount now, at least one lawsuit has just
been filed asking a federal court to indefinitely stay McVeigh's execution.

Filed last Friday afternoon by a Dallas lawyer representing Jane Graham and
V.Z. Lawton, two bombing victims who were in the destroyed federal
building at the time, the lawsuit asks the federal court governing Terre
Haute prison to stay McVeigh's execution pending a civil suit the victims
have filed - claiming that McVeigh is an indispensable witness in that
lawsuit, which is now in the discovery phase.

Dallas lawyer Harmon Taylor's lawsuit's complaint - plus a subsequent
motion and brief he filed - also argues that McVeigh cannot legally be
executed now for two other reasons. The strongest is an apparently-clear
rule under the Constitution barring trying McVeigh in any other state for
crimes committed in Oklahoma - making his Colorado trial null and void;
Taylor's brief cites numerous cases in support of his argument that nobody
can be tried by a federal court in another state from the one in which the
crime he is charged with occurred in.

A likely-much-weaker argument in Taylor's lawsuit claims that, absent proof
that the land the bombed federal building was on was itself federal
property, federal courts never had jurisdiction to try McVeigh for murder.
As of this Monday afternoon, Taylor states that no hearing date has yet
been scheduled in his lawsuit.

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