Washington, DC, May 2, 1995 -- To ensure justice and due process, National
Association of Criminal Defense Lawyers President Gerald H. Goldstein today urged
the federal court in Oklahoma City to transfer the bombing case to another jurisdiction
and permit the two local attorneys appointed to represent defendant Timothy McVeigh
to withdraw from the case.
"Looking objectively at the situation there, this case should be transferred out of
the jurisdiction in which the tragedy occurred," Goldstein said. "Our hearts go out to
the families of the victims in Oklahoma City. But the fact is that no defendant could
possibly get a fair trial there. The jury pool is irreparably tainted by pervasive and
profound community sentiment, which is understandable in these circumstances.
Virtually no potential juror in that federal district is personally unaffected by the
bombing. Trying to pick an impartial jury in Oklahoma City would needlessly prolong
the proceedings and delay justice," he noted.
"Similarly, the court will surely permit the Oklahoma City lawyers appointed to
represent defendant McVeigh to withdraw from the case just as soon as the court
assures itself that suitable replacements can take over representation. Both attorneys
lost close friends in the bombing. Forcing any lawyer from that community -- even
dedicated lawyers of the highest capabilities and integrity -- to defend persons accused
of this crime could poison any result arrived at in a trial. And it would probably require
a new trial in the event of a guilty verdict," he said.
"Even those accused of having committed this hateful crime are entitled in our
constitutional system to undistracted representation by willing and independent
counsel," Goldstein said.
"In view of the inherent threats that a matter like this poses to the integrity of the
criminal justice process, NACDL is carefully monitoring developments in the case,"
he added.
National Association of Criminal Defense Lawyers (NACDL)