Time: Wed Oct 01 05:54:16 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id FAA07069; Wed, 1 Oct 1997 05:54:07 -0700 (MST) by usr05.primenet.com (8.8.5/8.8.5) with SMTP id FAA03338; Wed, 1 Oct 1997 05:45:52 -0700 (MST) Date: Wed, 01 Oct 1997 05:45:22 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: OKC-Court: Reno acted properly Yes, but did she follow due process of law when she executed children at Waco, Texas? /s/ Paul Mitchell http://supremelaw.com <snip> > >>From the Denver Post: > >Court: Reno acted properly > > By George Lane > Denver Post Staff Writer > > Oct. 1 - U.S. Attorney General Janet Reno did not violate official > procedures in deciding to seek the death penalty for Oklahoma City > bomber Timothy McVeigh and and his alleged accomplice, Terry > Nichols, the federal court of appeals ruled Tuesday. > > Attorneys for Nichols, who is on trial in U.S. District Court in Denver, > have argued that Reno violated procedures for deciding whether to seek > the death penalty and therefore Nichols should not face that sentence if he > is convicted of the April 19, 1995, bombing of the Alfred P. Murrah > Federal Building in Oklahoma City. > > In federal cases, the U.S. attorney for the area must give defense lawyers > a "reasonable opportunity" to present any facts, including mitigating > factors for the client. The prosecutor then submits forms to the U.S. > Department of Justice. The government followed that procedure. > > "A committee within the Department of Justice then evaluates the > information and makes a written recommendation to the attorney general > whether to seek the death penalty," the appeals court said. > > Michael Tigar, Nichols' lead defense attorney, acknowledged in his > challenge that the defense team was given an opportunity to present > mitigating factors. But he said it was a meaningless exercise because > Reno already had made up her mind that the death penalty would be > sought. > > Tigar's claim was based on remarks Reno made at a news conference > with President Clinton hours after the truck bomb destroyed the > Oklahoma City federal building, killing 168 people and injuring more than > 500. Reno said if the death penalty was available it would be sought. > > U.S. District Judge Richard Matsch, presiding at the Nichols trial, ruled > earlier that Reno had not violated the rules she established for seeking the > death penalty. The ruling from the 10th Circuit Tuesday upheld that > decision. > > Tigar had no comment on the ruling after the second day of jury selection > in the Nichols trial. McVeigh, who was convicted of the same charges > earlier this year, is appealing his death sentence. ======================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine : tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this _____________________________________: As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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