Don’t Create Martyr, Says Mcveigh Defense

As Timothy McVeigh’s lawyers lined up their reasons for keeping him alive, they raised the possibility that executing the convicted Oklahoma City bomber might make him a martyr and incite more violence.

“The execution of Timothy McVeigh by the federal government would tend to make him a political martyr in certain political groups,” read a proposed mitigating factor submitted for the jury to consider in the penalty phase.

“Considering the implications of Waco and the Oklahoma City bombing, it is in the national interest for domestic tranquility that Timothy McVeigh not be executed by the federal government, but instead be prosecuted by the state of Oklahoma with the possibility of the death penalty,” the defense wrote.

It was not known whether the martyrdom mitigating factor was approved by the judge. The actual death verdict form that lists aggravating and mitigating circumstances has not been made public. Calls to prosecution and defense representatives were not immediately returned.

The proposed mitigating factors were also submitted under seal, but the prosecution’s response was filed Wednesday in the open court file.