The following is Oklahoma City bomber Timothy McVeigh's statement to the United States District Court in Colorado in which he gives notice to forgo further appeals and requests that an execution date be set within 120 days. It was signed Dec. 7, 2000, and filed on Dec. 11, 2000.
I, Timothy James McVeigh, do hereby advise the court and all parties that I do not wish to pursue any further appeals in this case. I believe that it is my right to forego any appellate remedies that may be available. In United States v. Hammer, 226 F.3d 229 (3rd Cir. 2000), the Third Circuit acknowledged that a defendant under sentence of death may waive his right to direct appeal. My case has already been through direct appeal and the Tenth Circuit affirmed the conviction and sentence. If Hammer was allowed to waive his right to direct appeal I should certainly be allowed to forego appeal from denial of my section 2255 motion.
I believe that I am fully competent to make this decision. If the court thinks that a psychological evaluation is necessary to make certain that I am competent, I will submit to such an evaluation. I will not justify or explain my decision to any psychologist but will answer questions reasonably related to my competency.
My attorneys have explained to me the issues that they would raise on any appeal. I understand the appellate issues and understanding those issues I persist in my decision to forego appeal. This decision to forego appeal is done against the advice of my lawyers.
By foregoing appellate rights I am not waiving my right to petition for executive clemency. I am waiving further review by the judicial branch of the federal government. I am not waiving review by the executive branch.
It is not my desire by waiving appeal to delay my execution. I request that the court set an execution date, or order the Director of the Bureau of Prisons to do the same, with the execution date to be within 120 days of the filing of this notice.
This waiver is my decision and these are my words intended to convey my decision. I have asked my lawyers to file this Notice with the Court.