Word: mcveigh
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...Click here for more stories on Timothy McVeigh and the death penalty...
...still unclear what if any impact these new developments might have on McVeigh?s fate. Will the new documents, which reportedly contain information relating to the mysterious John Doe No. 2, give McVeigh?s defense team a new lease on life...
...They could, says Boston College law professor Phyllis Goldfarb. That?s assuming, of course, that their client is game. "This is still McVeigh?s call. If he doesn?t want to raise the potential claims these new disclosures provide, it?s his decision," says Goldfarb. And while McVeigh has waived appeals in the past, he may see recent developments as a golden opportunity to drive his point home. "It?s possible McVeigh might want to pursue this particular line of appeal because it?s about his raison d?etre: government mistakes," says Goldfarb...
...what about all those inflammatory admissions McVeigh has made over the past three years, bragging about his role in the attack and dissecting at great lengths his lack of emotional response to the tragedy? Couldn?t all that language ruin any chances for an appeal? Not necessarily, says Goldfarb. "One could conceivably argue that because he only went public after the conviction, and with the understanding that all the evidence had been considered, the statements should be disregarded. Someone might say he would have chosen his own course of action differently if all the evidence had been present...
...Then, if McVeigh does okay an appeal, says Goldfarb, the ball is back in his lawyers? court. "The first thing McVeigh?s lawyers have to do is tie any arguments they have to the substance of the new documents. They could claim the substance of the documents might have changed the substance of the defense or the case, or the strategy of the trial...