In the wake of Timothy McVeigh’s suddenly delayed execution, the obvious question is, how was it possible to overlook 3,135 relevant documents? Most people, no matter how disorganized they may be, would have trouble missing 3,135 of anything, let alone items that are pertinent to one of the most important cases ever handled by the FBI.

Tuesday, May 22, 2001

In the wake of Timothy McVeigh’s suddenly delayed execution, the obvious question is, how was it possible to overlook 3,135 relevant documents? Most people, no matter how disorganized they may be, would have trouble missing 3,135 of anything, let alone items that are pertinent to one of the most important cases ever handled by the FBI.

Louis Freeh picked a good time to retire as FBI director – something he announced two weeks ago and which will take effect in June. Had he not done so, this episode surely would have forced him to leave.

On May 11, McVeigh’) attorneys said they might need more than a month to comb through all the new information. One of them hinted McVeigh himself may abandon his decision to accept death and begin actively challenging the sentence. He had agreed to waive his appeals before the latest foulup.

The maddening thing is that none of the new evidence is expected to have any bearing at all on the case. McVeigh already has admitted to bombing the Alfred P. Murrah Federal Building, killing 168 people. Yet the government has an obligation to be as thorough and fair as possible in capital cases, and Attorney General John Ashcroft was correct to delay the sentencing.

These documents should have been turned over to McVeigh’s attorneys during the discovery phase of the trial, which began in 1997.

That they weren’t is inexcusable. It also is grossly unfair to the victims and their relatives, who deserve justice.