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McVeigh to challenge U.S. argument before hearing

Timothy McVeigh
Attorney Robert Nigh talks with McVeigh in 1995.  

DENVER, Colorado (CNN) -- Attorneys for Oklahoma City bomber Timothy McVeigh plan to file a "somewhat lengthy" rebuttal in federal court Tuesday.

Attorney Rob Nigh said the rebuttal will challenge assertions made by federal prosecutors Monday that documents the FBI failed to turn over to McVeigh's defense did not contain information that would overturn McVeigh's guilty verdict or death sentence.

Prosecutors made their declaration in response to a petition by McVeigh's attorneys to delay his execution because of the FBI's mistake.

Read documents in the McVeigh case (FindLaw) (PDF)

McVeigh's petition for stay

U.S. brief opposing stay of execution

Order setting time to respond

Supplement to petition for stay

McVeigh's response to motion to clarify
Documents in PDF format require Adobe Acrobat Reader for viewing.

A hearing will be held on the motion Wednesday morning before U.S. District Judge Richard Matsch, the judge who presided over McVeigh's trial.

McVeigh was convicted of carrying out the 1995 Oklahoma City bombing that killed 168 people.

McVeigh is scheduled to die by lethal injection on June 11.

Nigh said he had talked with McVeigh to inform him about the government's filing. He refused to give any further details of his conversation.

In their motion, McVeigh attorneys argued the government committed a "fraud on the court" by failing to turn over more than 4,400 pages of documents prior to his trial.

In its response filed Monday, the government argued that McVeigh could not prove that newly discovered FBI documents turned over to his attorneys last month showed "actual innocence," as required under the Antiterrorism and Effective Death Penalty Act of 1996.


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