Potential Witnesses Permitted to See McVeigh Bombing Trial

DENVER —  Bowing to the wishes of Congress, a judge reversed himself Tuesday and allowed survivors and relatives to watch the Oklahoma City bombing trial even if they planned to testify in a penalty phase.

U.S. District Judge Richard P. Matsch had barred survivors and victims’ relatives if they wanted to testify at a possible death-penalty sentencing hearing or provide statements about the bombing’s impact on their lives.

But in his reversal, Matsch said under a law signed last week by President Clinton, it was clear Congress intended those victims to be allowed to attend the trial of Timothy J. McVeigh, which begins next week.

“I’m elated,” said Delores Watson, whose grandson, P. J. Allen, was severely injured in the blast. “The more I know about the trial helps me with the healing process.”

Later Tuesday, McVeigh’s lawyers continued to pursue a trial delay, this time telling a federal appeals court that prosecutors have refused to hand over crucial evidence.

“Our patience is exhausted,” said attorney Stephen Jones, citing numerous government documents about right-wing groups, previous plots against the government and the possibility of foreign involvement in the bombing.

Prosecutors wouldn’t comment, but Matsch has denied many similar requests, saying it’s not the duty of the government to provide Jones with a defense.

Matsch also said any further debate on the issue would delay the trial. The judge said he could protect McVeigh’s rights by allowing victims to be questioned outside the jury’s presence.

Prosecutors have already chosen the victim-impact witnesses they intend to call if there is a sentencing phase to the trial.

Matsch said his ruling also extends to those victims and relatives who want to watch the trial on closed-circuit television in Oklahoma City. The historic closed-circuit provision also was passed by Congress last year.

“It’s a great deal for the victims. . . . It’s really a load off those people’s backs,” said Roy Sells, who had given up the opportunity to testify so he could watch pretrial hearings.

His wife, Lee, was among the 168 people killed in the bomb blast on April 19, 1995.