McVeigh defense considers basis for appeal

DENVER (CNN) -- Timothy McVeigh's defense team members are looking closely at restrictions placed on them by U.S. District Judge Richard Matsch during the Oklahoma City bombing trial as they consider their appeal of McVeigh's conviction in the case.

"There are several issues we will be looking at, issues dealing with jury selection, the limitations that were placed upon us during jury selection by Judge Matsch," attorney Christopher Tritico told CNN.

Other issues "deal with denial of evidence during the guilt/innocence phase of the trial," he said. "Some things we wanted to get in, like the inspector general report on the FBI lab, was extremely critical to the three areas of the lab that dealt with this case," he added.

McVeigh Attorney Chris Tritico
On the jury... AIFF or WAV (192K / 14 sec. audio) On the appeal... AIFF or WAV (224K / 23 sec. audio)

The inspector general's report found handling errors and possible contamination problems in the FBI crime lab.

Tritico said he could not discuss a newspaper report that the defense wanted to remove two jurors -- one who they believed was biased against McVeigh and a second they believed wanted to write a book.

USA Today reported the defense raised the concerns with Matsch before deliberations began, but Matsch denied the request to remove them.

Tritico defended lead attorney Stephen Jones' attempts to humanize McVeigh during frequent discussions with the media, and would not speculate on whether McVeigh would base an appeal on that publicity.

Videotaped meetings between McVeigh and his attorneys also did not compromise the defense, he said. He said the only portions of meetings that were videotaped involved "general background," not privileged information or trial strategy.

The jury, Tritico said, was "hard working," "paid very close attention and did the job we asked them to do."

"I disagree with their verdict, of course," he said.

Tritico added that a decision on whether or not McVeigh would address the court would be made before July 7, the day Matsch is to impose the death sentence returned by the jury.

Meanwhile, Jones returned to the theory that McVeigh was a patsy for international terrorists during a Sunday night interview on CBS' "60 Minutes."

"He may have been used and involved by others as a convenient fall guy," said Jones, who was barred from using that theory by Matsch. "I know that others had an interest in blowing up the Murrah federal building several years ago. I know they had connections in Germany and the Middle East," Jones said.

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

Related stories:

• McVeigh jurors nagged by one question: 'Why?' - June 14, 1997
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• McVeigh condemned to death for Oklahoma blast
• Quotes from the McVeigh sentencing - June 14, 1997
• Jurors reach verdict on McVeigh's fate
• Reactions mixed to McVeigh death sentence
• McVeigh jurors proud of decisions
• Beyond McVeigh sentence: What lies ahead
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• McVeigh's prosecutor to leave the spotlight behind

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