
DATE=8/14/97 TYPE=CORRESPONDENT REPORT NUMBER=2-218561 TITLE=MCVEIGH/SENTENCING (L) BYLINE=GREG FLAKUS DATELINE=LOS ANGELES CONTENT= VOICED AT: INTRO: IN DENVER, CONVICTED OKLAHOMA CITY BOMBER TIMOTHY MCVEIGH CAME BEFORE FEDERAL JUDGE RICHARD MATSCH ON THURSDAY TO BE FORMALLY SENTENCED TO DEATH. AS V-O-A'S GREG FLAKUS REPORTS FROM OUR WEST COAST BUREAU, THE CONVICTED TERRORIST IS NOW SEEKING A NEW LEAD ATTORNEY TO APPEAL HIS CONVICTION. TEXT: BEFORE BEING SENTENCED TO DEATH BY LETHAL INJECTION, TIMOTHY MCVEIGH MADE A BRIEF ORAL STATEMENT TO JUDGE MATSCH, QUOTING THE LATE SUPREME COURT JUSTICE LOUIS BRANDEIS. HERE IS THE QUOTE-- "OUR GOVERNMENT IS THE HOPE AND OMNIPOTENT TEACHER FOR GOOD OR ILL. IT TEACHES THE PEOPLE BY EXAMPLE." LEGAL EXPERTS WERE SOMEWHAT PUZZLED BY MCVEIGH'S USE OF THE QUOTATION, ALTHOUGH SOME, WHO READ FURTHER FROM THE BRANDEIS TEXT FROM WHICH THE QUOTE WAS TAKEN, SAID THAT IT COULD HAVE BEEN AN ATTEMPT BY MCVEIGH TO JUSTIFY THE BOMBING. JUSTICE BRANDEIS HAD WARNED THAT IF THE GOVERNMENT VIOLATES THE LAW, THEN PEOPLE MIGHT TAKE THE LAW INTO THEIR OWN HANDS. THE MAN WHO SERVED AS LEAD PROSECUTOR IN MCVEIGH'S TRIAL, JOSEPH HARTZLER, TOLD REPORTERS OUTSIDE THE DENVER FEDERAL COURT BUILDING THAT MCVEIGH'S STATEMENT SHOULD BE IGNORED. HE SAID MCVEIGH HAD HAD A FAIR TRIAL AND HAD NOW BEEN GIVEN A JUST SENTENCE. IN A LETTER TO JUDGE MATSCH, MCVEIGH REQUESTED THAT THE COURT APPOINT A NEW LEAD ATTORNEY FOR THE APPEALS PROCESS WHICH WILL NOW BEGIN. IN AN INTERVIEW WITH A BUFFALO, NEW YORK NEWSPAPER, MCVEIGH CRITICIZED HIS LEAD ATTORNEY, STEPHEN JONES, SAYING HE HAD BUNGLED THE CASE. MR JONES, SPEAKING TO REPORTERS AFTER THE SENTENCING, SAID THAT HE HAD BEEN APPOINTED BY THE COURT AND WOULD COMPLY WITH ANY DECISION BY THE COURT AS TO HIS CONTINUING TO SERVE. /// JONES ACT /// I DID NOT SEEK THIS APPOINTMENT. I DO NOT SEEK TO BE APPOINTED ON APPEAL. I AM A DRAFTEE. IF THE COURT WISHES ME TO CONTINUE, I WILL DO SO. IF THE COURT WISHES TO APPOINT SOMEONE ELSE, THAT IS THEIR DISCRETION AND I WILL CHEERFULLY ABIDE BY WHATEVER DECISION THEY MAKE. /// END ACT /// MR JONES ALSO DENIED HAVING LIED TO HIS CLIENT, ANOTHER CLAIM MADE BY MCVEIGH IN THE NEWSPAPER INTERVIEW. MCVEIGH'S ATTORNEYS, INCLUDING MR JONES, HAVE ALREADY FILED APPEALS OF BOTH THE CONVICTION AND THE DEATH SENTENCE AND THE APPEALS PROCESS WILL PROBABLY TAKE MANY MONTHS, IF NOT YEARS. (SIGNED) NEB/GF/ENE/PT 14-Aug-97 3:09 PM EDT (1909 UTC) NNNN Source: Voice of America .