Timothy McVeigh Loses Appeal

A federal appeals court on Tuesday upheld the conviction of Oklahoma City bomber Timothy McVeigh, who claimed testimony from victims' relatives produced a verdict and sentence based on emotion rather than reason.

The appeals court also rejected eight other avenues of appeal, including pretrial publicity, juror misconduct and barred testimony that others may have carried out the worst bombing on American soil.

McVeigh was convicted of murder, conspiracy and weapons-related charges in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building and sentenced to death. The blast killed 168 people and injured hundreds more.

The emotional testimony from victims' relatives was proper, a three-judge panel of the 10th U.S. Circuit Court of Appeals ruled.

"The devastating effects that the deaths of the victims had on their families and loved ones is certainly part and parcel of the circumstances of the crime properly presented," the court said.

Among the 38 witnesses who testified were Pamela Sue Whicher, who told the jurors of her children's feelings of regret at not hugging their father good-bye that day.

Diane Leonard described her vain search of hospitals for her husband. Kathleen Treanor recounted the discovery and return of her deceased daughter's hand six months after the explosion.

The panel said there was no misconduct when a juror decided McVeigh's guilt before the trial was over, and that he was not deprived of a fair trial despite media reports that he had confessed to his lawyers.

McVeigh also claimed that Carol Howe should have testified about others at a religious compound in Oklahoma who could have carried out the bombing, but the appeals court said her testimony was irrelevant.

Written by Steven K. Paulson
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