Filing of McVeigh's will makes its way to Vigo probate court

Nearly a year after Oklahoma City bomber Timothy McVeigh was executed in Terre Haute by lethal injection, his last will and testament has been filed in Vigo County Probate Office, court records show.

The document was filed Tuesday so his attorneys could begin the process of getting back exhibits introduced during the penalty phase of McVeigh's trial, his attorney, Rob Nigh Jr. said Friday.

Among those items are family photographs and a Bronze Star that McVeigh was awarded while serving in the Army during the Gulf War, Nigh said.

McVeigh, 33, was executed June 11, 2001, in the U.S. Penitentiary, Terre Haute. His death marked the first federal execution since 1963.

His two-page will, dated July, 13, 2000, outlines that Nigh should be the recipient of all McVeigh's property "which ownership may be disputed ... including, but not limited to documents, evidence, case files and legal paperwork in the possession of the Department of Justice, the Federal Bureau of Investigations, federal or state courts and my defense attorneys."

Currently, the defense exhibits used in the June 1997 penalty phase of the trial are kept in a court clerk's office in Denver, and the court has directed that a motion be filed so the items and documents can be returned.

Nigh said he plans to have a certified copy of the will, which was filed after being mailed to the Vigo County Probate Office, sent to the Denver court where the exhibits are held.

That way, "The court won't have any questions that Tim wanted me to be the conduit for the return of the items," Nigh said. "It's just a matter of practicality."

Nigh said he expected the exhibits would be released to him this summer. He plans to return McVeigh's Bronze Star and the photographs to McVeigh's family, possibly to his father, Bill McVeigh.

Typically, a will is filed with the probate office in the county of the deceased person's residence, said Attorney Margaret O'Donnell, explaining why McVeigh's will was filed in Vigo County.

Although most wills are filed in the probate office sooner, some are filed one or even two years after the person's death, said Brenda Herald, a deputy clerk in the Vigo County Probate Office. O'Donnell, the Frankfort, Ky., attorney who prepared McVeigh's will, said the document was filed in the probate office now to get the exhibits back.

In addition to instructions on what should happen to his property, McVeigh's will also directed that no autopsy or studies be conducted on his body.

The will also directed the U.S. Penitentiary's warden to release McVeigh's remains to Nigh or O'Donnell, for them to choose a funeral home where arrangements would be made.

In the will, which was signed by two witnesses, including a case manager at the U.S. Penitentiary, McVeigh also asked that his remains be cremated. He requested that his ashes be released to Nigh, for them to be disposed as the attorney deemed appropriate. McVeigh had instructed his attorneys to keep the final resting place of his ashes a secret.

O'Donnell said McVeigh drew up the will because, "He just wanted to protect his rights when he was dead."

RETURN SOUGHT OF MC VEIGH'S BELONGINGS
The Buffalo News
Lou Michel, News Staff Reporter
June 2, 2002
     Timothy McVeigh's dying wish was that his remains not be subject to an autopsy and that his cremated ashes be scattered at an undisclosed location.
     Those two wishes were fulfilled by Rob Nigh Jr., the attorney who represented the Oklahoma City bomber in his trial and subsequent appeals before he was executed nearly a year ago.
     Now lawyers for McVeigh, who grew up in Pendleton, have asked a probate court in Vigo County, Ind., where McVeigh was executed, to return items from his trial, including family photographs and the Bronze Star McVeigh received in the Persian Gulf War.
     "I thought we should have gotten that stuff back. There's two photo albums," said Bill McVeigh, Timothy McVeigh's father. "I'd love to have Tim's Bronze Star from the Gulf War."
     He said the photographs and military medal represent the son that he knew and not the son who bombed the Alfred P. Murrah Building on April 19, 1995.
     That bombing killed 168 people and injured more than 500. It was the worst act of domestic terrorism until Sept. 11, three months after McVeigh's execution.
     The personal items were introduced as exhibits during the penalty phase of McVeigh's 1997 trial in Denver.
     With the first year anniversary of his son's execution nine days away, Bill McVeigh said he is planning nothing out of the ordinary to mark his son's death.
     "I'm going to have a Mass offered for Tim on that day, but other than that, I plan to carry on my normal routines. That's what has worked for me since it happened," Bill McVeigh said in explaining how he has coped with the loss.
     Timothy McVeigh, 33, was executed last June 11 as 232 watched a closed-circuit broadcast and 10 watched in person at the U.S. Penitentiary in Terre Haute. His death by lethal injection was the first federal execution since 1963.
     McVeigh's two-page will, dated July 13, 2000, asks that Nigh receive his personal property, including documents, evidence and legal paperwork.
     Nigh said he expects the exhibits to be released to him this summer.

The Associated Press contributed to this report.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.