Judge Allows Death Penalty in Bomb Trial

Prosecutors in the Oklahoma City bombing case can seek the death penalty, despite complaints that Atty. Gen. Janet Reno violated department policy by announcing within hours of the attack that she would press for the bombers’ execution, a judge ruled Wednesday.

U.S. District Judge Richard Matsch also rejected defense arguments that the federal death penalty amounts to cruel and unusual punishment.

Timothy J. McVeigh and Terry L. Nichols are charged with murder and conspiracy in the April 19, 1995, bombing of the federal building, which killed 168 people and injured about 600.

No trial date has been set. The pair could get the death penalty under a 1994 federal law.

Defense lawyers argued that Reno violated Justice Department guidelines for seeking the death penalty when she announced on the day of the bombing, even before an arrest had been made, that she would press for capital punishment.

Department guidelines call for several steps and discussions before a decision, but none of those steps was taken before Reno’s announcement.

Defense lawyers claimed her haste showed that she was biased and that their clients were being treated unfairly.

But Matsch said federal law requires only that prosecutors file a notice of intent to seek the death penalty, which they did Oct. 20.

The Justice Department guidelines call for a meeting among staff members in which defense lawyers are allowed to present facts in opposition to the death penalty.

Stephen Jones, McVeigh’s lawyer, said he did not plan an immediate appeal of the decision.