Prosecutors: McVeigh should die for crime

DENVER (CNN) -- Timothy McVeigh should pay with his life for committing the deadliest terrorist act on U.S. soil, a prosecutor said Wednesday.

U.S. Attorney Patrick Ryan delivered the government's opening statement in the penalty phase of the trial, urging jurors to make their decision on facts rather than sympathy for the victims of the Oklahoma City bombing.

"The victims of this crime have had all of the sympathy they can stand over the past two years," he said. "We want you to make a sentencing decision based upon hard, cold facts of what occurred."

The government is expected to call about 45 witnesses over three days to describe how the bombing devastated their lives, physically and emotionally.

Among those expected to testify are a 10-year-old boy who lost his mother in the Oklahoma City bombing, and a rescue official who held a hand buried beneath the rubble, only to feel the pulse stop.

Ryan said some of the testimony "will be difficult to present" and "some information will be painful to hear."

Three jurors cried as Ryan went through his opening statement. McVeigh had his usual stone-faced expression. He seemed to look down a lot more, head slumped over.

The defense reserved the right to present its opening statement after the prosecution rests. Defense lawyers were expected to argue that McVeigh was clouded by misguided patriotism and should be spared. They plan to call about 40 witnesses, including relatives of McVeigh.

McVeigh can testify in the penalty phase, but it was not immediately clear if the defense planned to put him on the stand.

Defense Strategy
McVeigh attorney Robert Nigh on the defense's strategy 153 K/13 sec.(192 K/13 sec. AIFF or WAV sound)
McVeigh attorney Stephen Jones on this phase of the trial 136 K/11 sec. AIFF or WAV sound
(All photos CNN)

McVeigh 'knew effects of bomb'

Ryan took the seven-man, five-woman jury through seven aggravating circumstances they must consider when determining McVeigh's fate.

He then outlined the evidence against McVeigh, including his obsession with the racist novel "The Turner Diaries," which describes the bombing of a federal building by revolutionaries to incite a civil war.

Ryan quoted from the book, including passages about the effect of a fertilizer bomb that could cause a "shockingly large number of victims."

Added Ryan: "He knew exactly what the effects of this bomb were going to be."

The same jury on Monday found the defendant guilty on murder and conspiracy charges for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. The blast killed 168 people and injured hundreds of others.

For McVeigh to be sentenced to death, the jury must return a unanimous vote. The judge cannot overrule the jury's decision. If the jury cannot agree, the judge can impose a sentence of up to life in prison without parole.

• Newsmaker Profiles: Timothy McVeigh
• Video Almanac: 1995 - Oklahoma City bombing
• Message Boards: McVeigh Trial

Related stories:

• Penalty phase for McVeigh begins - June 4, 1997
• McVeigh defense strives to avert death penalty - June 3, 1997
• McVeigh sentencing: Judge wants to avoid 'lynching' - June 3, 1997
• McVeigh guilty - June 2, 1997
• For many, verdict means justice - June 2, 1997

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