(Denver-AP) -- Excerpts from Timothy McVeigh's petition seeking a stay of execution. It was filed in federal court in Denver:
"It is admitted that the government breached the reciprocal discovery agreement and withheld witness statements that should have been produced prior to the time of trial."
"The government's false statements that everything had been obtained and produced worked a fraud upon the court and defeated Mr. McVeigh's right to a fair trial and sentencing proceeding."
"Some of the evidence withheld until six days before Mr. McVeigh's scheduled execution involved named witnesses and suspects that counsel for Mr. McVeigh had specifically requested prior to trial."
"In addition, Mr. McVeigh will demonstrate that there is substantial reason to believe that exculpatory evidence continues to be withheld and that some may have been intentionally destroyed or not documented."
"Counsel for Mr. McVeigh prays for an evidentiary hearing to determine how the current set of circumstances occurred and to insure that exculpatory evidence does not continue to be withheld. Counsel also requests the execution be stayed so that Mr. McVeigh can now have the opportunity to make fair use of the evidence so recently produced."
During the trial, sentencing and appeals process, "the government provided no indication to the court or Mr. McVeigh that required discovery had not been produced. Such an indication was made for the first time eight days prior to Mr. McVeigh's scheduled execution."
"In all, the government has now provided 4,449 pages and 11 CDs of discovery previously withheld in violation of the agreement."
"These admissions that required discovery was not provided to the defense provide part of the showing necessary to establish that a fraud was committed upon the court. The remainder of the showing has to do with the government's incredible explanation for its breach of discovery requirements and the circumstances which show that the government is still withholding evidence."
"The government's 12th hour statements that discovery had not been produced establishes that this court's directives _ and the government's obligations under the due process clause _ were not being obeyed."
"Counsel for Mr. McVeigh respectfully requests that an evidentiary hearing be conducted so that the true facts concerning the manner in which this evidence was withheld, and whether other exculpatory evidence continues to be withheld, can be accurately ascertained by the court."
On the Net:
Portions of McVeigh filing: www.co.uscourts.gov/dindex.htm
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