Jury begins hearing evidence in case for McVeigh death penalty

SURVIVORS, and relatives of victims, of the Oklahoma bombing began testimony yesterday before the jury which will decide whether…

SURVIVORS, and relatives of victims, of the Oklahoma bombing began testimony yesterday before the jury which will decide whether Timothy McVeigh will be sentenced to death or life imprisonment.

McVeigh was found guilty by the same jury on Monday on 11 conspiracy and murder counts arising from the bombing in which 168 people died and hundreds were injured in April 1995.

The prosecution, which is seeking the death penalty, is expected to call about 40 witnesses. It is allowed to show aggravating factors including the impact of the crime on the victims and their families.

But Judge Richard Matsch has refused to allow "testimony which would inflame or incite the passions of the jury with respect to vengeance." He told lawyers that the hearing could not "be turned into some kind of a lynching."

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The judge has rejected the prosecution's requests to introduce wedding photos, funeral videos and a poem. But he has allowed a 10 year old boy whose mother died in the bombing to testify.

The defence will not be allowed to use evidence about the assaults by the security forces on anti government groups at Waco, Texas and other places which are said to have enraged McVeigh.

The defence lawyers have not revealed if McVeigh himself will testify. But the judge has denied a prosecution request that he be asked to tell the jury about his political beliefs.

Those expected to plead for McVeigh's life to be spared include his father, his sister and his family priest. The defence will call 30 to 40 witnesses and will point to McVeigh's honourable army record, including being decorated for service during the Gulf War.