McVeigh’s Request to Bar Judge Denied
DENVER — A federal appeals court on Friday rejected Timothy J. McVeigh’s request to bar the judge who presided over his murder case from considering his bid for a new trial.
The U.S. 10th Circuit Court of Appeals declined to issue an emergency order removing U.S. District Judge Richard P. Matsch from the case, saying the convicted Oklahoma City bomber failed to show there was any reason to believe Matsch would be predisposed to reject his argument.
McVeigh is seeking a new trial based on a claim of ineffective counsel, and he wants Matsch off the case because of comments the judge made about Stephen Jones, McVeigh’s lawyer in the trial.
In a motion filed Tuesday with the 10th Circuit Court, McVeigh’s new lawyer, Dennis Hartley, argued that Matsch should be removed “to eliminate any appearance of bias.”
Matsch, who has presided over the McVeigh case since it was moved to Denver in 1996, last month denied McVeigh’s motion asking him to recuse himself, saying that there was no reasonable doubt about his impartiality.
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