By
The Associated Press
DENVER - A judge said yesterday he approves of Timothy McVeigh's agreement with a coroner and the government that no autopsy would be conducted after he is executed for the Oklahoma City bombing.
But the judge said he lacks the authority to order that no autopsy be performed.
Lawyers for McVeigh, the federal government and the coroner in Vigo County, Ind., signed the agreement March 9.
McVeigh's lawyer said he expects the agreement will be honored.
"We anticipate no problems. At the same time, this is the first procedure of this kind in 38 years by the federal government," McVeigh lawyer Rob Nigh Jr. said yesterday.
McVeigh's attorneys asked U.S. District Judge Richard Matsch for a ruling to ensure that no autopsy be carried out.
"I don't have the authority to make this agreement an order of the court," Matsch said. "I do, of course, approve of it as an appropriate solution to an awkward situation for the coroner and everyone involved."
He added: "I'd like to be helpful, but I also have to be careful about my jurisdiction."
Matsch, who presided over McVeigh's trial, said he believes his jurisdiction in McVeigh's case ends the moment McVeigh dies. McVeigh, 32, is scheduled to be executed May 16 at the federal prison in Vigo County.
McVeigh objects to an autopsy for religious, ethical and philosophical reasons, his lawyers have said.
Under the agreement, McVeigh will submit to an examination by the county coroner before his execution to look for signs of physical abuse. He has agreed to sign a statement that says he has not been abused while in custody. If he refuses to sign, an autopsy will be conducted.
After the execution, the coroner will examine McVeigh's body and take photographs and X-rays if necessary. She will be able to perform an autopsy if she sees evidence of abuse and if McVeigh's attorney approves. Any medical information gathered by the coroner's office will remain confidential.
McVeigh was convicted of murder, conspiracy and weapons-related charges for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City. The explosion killed 168 people.
