Prosecutor Discusses Rediscovery of 3,000 Pages of Documents From FBI Investigation of Timothy McVeigh
CAROL LIN, CNN ANCHOR: Imagine this, one of our top stories: The FBI yesterday came out with an astounding announcement that, during a routine archive search for documents related to the Timothy McVeigh case, suddenly this archivist came across more than 3,000 pages of documents -- we're talking about tapes, photographs, correspondence -- all having to do with the bombing. None of this was presented to defense attorneys during Timothy McVeigh's 1997 trial. We have heard from his former attorneys. We are going to hear right now from Patrick Ryan. He was the prosecutor in this case. Good morning, Mr. Ryan.</s>PATRICK RYAN, FORMER MCVEIGH PROSECUTOR: Good morning.</s>LIN: Coming to us from Oklahoma City. I can't even imagine what the reaction must be there this morning, but I do want to tell that you one of McVeigh's former attorneys, Richard Burr, says that it's really going to be up to the government. This is the government's mistake; it's up to the government to file a stay of execution. Is that likely to happen?</s>RYAN: I don't think it's too likely to happen. There's a certain order of things, and when something like this arises, it's the responsibility of the defense counsel to make a decision as to whether they want a stay of execution.</s>LIN: What was your reaction when you heard about this disclosure of documents?</s>RYAN: I was disappointed. It's very unfortunate. One of the things that has been said over and over again since yesterday afternoon is that the government failed to turn these materials over to the defense, and the point has not been made that the FBI didn't turn the materials over to the prosecution, either. These are not materials that we're familiar with either.</s>LIN: How does this make the FBI look?</s>RYAN: Like I say, it's very unfortunate. You have to take, I think, into context that we had over a billion documents that we were reviewing and analyzing in connection with this case, so if you look at 3,000 documents not having been produced, you're talking three for every 1 million. People make mistakes; I think that's what it was.</s>LIN: Are you concerned that there is evidence in this pile of documents that creates reasonable doubt possibly leading to another trial?</s>RYAN: Not at all. We had a very clear, concise case of absolute responsibility on McVeigh's part for this bombing. He's since admitted that he took his part in delivering the bomb to the Oklahoma City Murrah Building, where the people were killed. I don't think there's any chance at all for any evidence in these documents that will be favorable to the defense or provide any type of defense.</s>LIN: What do you think should happen at this point, then? The execution is scheduled for next Wednesday.</s>RYAN: I think it's just a question of whether McVeigh and his counsels want to move for stay of execution, and I don't know whether they will or they won't. I wouldn't be surprised if McVeigh did not ask for a stay.</s>LIN: Can his attorneys ask for a stay regardless of his wishes?</s>RYAN: Well, they could, but I don't think they would. I think the attorneys are bound to follow the direction that their counsel leads them. In this case, there's no evidence that McVeigh does not have the capacity to make decisions of this nature. It remains to be seen what he'll do.</s>LIN: Is it the government's responsibility here, possibly, to issue a stay of execution if some 3,000 documents can't be reviewed in time?</s>RYAN: If it were true that 3,000 documents could not be reviewed, and we thought that there was anything in there that might provide a defense, I think the government would have that responsibility. But here, we don't think there's any defense in these documents. In fact, we know there's no defense in the documents. So I don't think the government has that responsibility. I think if the defense wanted additional time, the government probably would agree to it.</s>LIN: How do you know what's in the pile of documents?</s>RYAN: I have talked to Sean Connelly, the lawyer in Denver who was our legal scholar and who handled all the research and writing in oral presentations of matters such as this, and he's reviewed the documents and believes there's nothing that provides a defense.</s>LIN: What is in there, then?</s>RYAN: It's just miscellaneous, haphazard information, more John Doe 2 was my brother-in-law, in New Hampshire, and John Doe 2 was my uncle in Vermont. That's the kind of information. There's no single category or grouping of documents that would indicate any type of defense.</s>LIN: John Doe 2 being the person whom nobody actually found but was suspected and cited by one of the witness being with Timothy McVeigh that day.</s>RYAN: We believe we know who John Doe 2 is. We believe that's Todd Bunting, and he's totally uninvolved in this event. Todd Bunting and Michael Hertig rented the Ryder truck from Elliot's Body Shop in Junction City the day after Tim McVeigh rented his truck. Michael Hertig looks just as much like John Doe 1 as Timothy McVeigh does. Todd Bunting looks exactly like the pictures of John Doe No. 2.</s>LIN: I didn't mean for you to relive those long days at the trial.</s>RYAN: That's all right.</s>LIN: But I do want to ask you something. You are in Oklahoma City. Have you talked to any of these families? My god, what are you going to say to them?</s>RYAN: Well, I have not talked to the families. I think that, for the most part, they will understand that, unfortunately, mistakes are made, and in this case, the FBI did not, apparently, gather up all the materials and provide them to the prosecution, so that we could, in turn, provide them to the defense.</s>LIN: Thank you very much, Patrick Ryan.</s>RYAN: You're welcome. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com