Prosecutors in Oklahoma bombing accused of delay tactics

DENVER (CNN) -- The attorney for Oklahoma City bombing suspect Timothy McVeigh accused federal prosecutors Wednesday of dragging their feet in turning over evidence.

Stephen Jones made his accusation at the start of a three-day hearing about exchanging evidence and deciding who is to be allowed in an Oklahoma courtroom, where the trial will be telecast from Denver.

Jones lashed out at prosecutors, saying the government takes "months" in turning over evidence. For example, he said, it has taken prosecutors an average of 500 days to produce transcripts of FBI interviews.

"These delays are unconscionable because they are delaying the trial," he said, suggesting that the court and attorneys set deadlines for turning over evidence.

He added that when evidence is handed over, it's often a "mismash" of information that is "impossible to follow."

Prosecutor Beth Wilkinson countered Jones' accusations by pointing out that the government has turned over at least 90 percent of their evidence and witness lists, including 440 videos and about 30 photographs.

Much of the information includes items that won't even be used at trial, she said. Wilkinson also said prosecutors are waiting for additional defense witness interviews and transcripts.

McVeigh and alleged co-conspirator Terry Nichols were present at Wednesday's hearing, one of the last times they will appear together in court. U.S. District Judge Richard Matsch has ordered separate trials, with McVeigh to go on trial first. No dates have been set.

Both defendants face murder, conspiracy and weapons charges in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building, which killed 168 people and injured more than 500 others. If convicted, McVeigh and Nichols face the death penalty.

The defense has claimed the government is withholding information that would back up one of its conspiracy theories. Prosecutors have dismissed the claims as "outrageous."

Judge to decide on televised trial

Meanwhile, Judge Matsch must decide who will be allowed to watch the trial by television in an Oklahoma City courtroom -- victims, family members or the media. He indicated he would deal with the issue Thursday.

An anti-terrorism law enacted in April requires closed-circuit coverage of federal trials moved more than 350 miles, for the benefit of those who "have a compelling interest" in attending but cannot do so because of the inconvenience and expense.

The Colorado-Oklahoma Media Group has asked Matsch to let reporters watch the telecast on behalf of the public. It cites the constitutional right of public access to criminal trials and the limited space in the Denver courtroom.

The Associated Press contributed to this report.

Related stories:

• Oklahoma City bombing defendants to be tried separately - October 25, 1996
• Oklahoma City bomb victims want one trial - October 5, 1996
• Oklahoma bombing defense gets Fortier testimony - October 4, 1996
• Oklahoma bombing defense lawyers say separate trials fairer - October 3, 1996

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• CNN - Oklahoma City Tragedy

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