Judge OKs McVeigh Autopsy Agreement
But Judge Lacks Authority To Order No Autopsy
A judge said Monday that he approves of Timothy
McVeigh's agreement with a coroner and the government that no
autopsy be conducted after he is executed for the Oklahoma
City bombing.
But the judge said that he lacks the authority to order that no
autopsy be performed.
Lawyers for McVeigh, the federal government and the coroner in
Vigo County, Ind., signed the agreement March 9.
McVeigh's lawyer said that he expects the agreement will be honored.
"We anticipate no problems. At the same time, this is the first
procedure of this kind in 38 years by the federal government,"
McVeigh lawyer Rob Nigh Jr. said Monday.
McVeigh's attorneys asked U.S. District Judge Richard Matsch for
a ruling to ensure that no autopsy would be carried out.
"I don't have the authority to make this agreement an order of
the court," Matsch said. "I do, of course, approve of it as an
appropriate solution to an awkward situation for the coroner and
everyone involved."
He added: "I'd like to be helpful, but I also have to be
careful about my jurisdiction."
Matsch, who presided over McVeigh's trial, said he believes that his
jurisdiction in McVeigh's case ends the moment that McVeigh dies.
McVeigh, 32, is scheduled to be executed May 16 at the federal
prison in Vigo County.
McVeigh objects to an autopsy for religious, ethical and
philosophical reasons, his lawyers have said.
Under the agreement, McVeigh will submit to an examination by
the county coroner before his execution to look for signs of
physical abuse. He has agreed to sign a statement that says that he has
not been abused while in custody. If he refuses to sign, an autopsy
will be conducted.
After the execution, the coroner will examine McVeigh's body and
take photographs and X-rays if necessary. She will be able to
perform an autopsy if she sees evidence of abuse and if McVeigh's
attorney approves. Any medical information gathered by the
coroner's office will remain confidential.
McVeigh was convicted of murder, conspiracy and weapons-related
charges for the April 19, 1995, bombing of the Alfred P. Murrah
Federal Building in Oklahoma City. The explosion killed 168 people.
Previous Stories:
- March 16, 2001: Some Schools To Close For McVeigh Execution
- March 10, 2001: Per McVeigh's Request, Coroner Agrees To No Autopsy
- March 5, 2001: 1,300 Media To Cover McVeigh Execution
- February 24, 2001: Hundreds Want To See McVeigh Execution
- February 19, 2001: Bush Dedicates Bombing Memorial Center
- February 16, 2001: McVeigh Allows Deadline To Pass
- February 15, 2001:
McVeigh Faces Clemency Deadline - February 15, 2001: Survivors File Motion To See McVeigh Execution
- February 12, 2001:
McVeigh Wants Public Broadcast Of Execution - January 17, 2001: McVeigh To Be Executed In May
- January 13, 2001: Plans Begin For McVeigh Execution
- December 28, 2000: Judge Allows McVeigh To Drop Appeals
- December 12, 2000: McVeigh Asks For Execution Date
- March 12, 2000: McVeigh Says Gulf War, Government Angered Him
Copyright 2002 by TheDenverChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.





