With Oklahoma City bombing victims angry at a delay in his execution, condemned and confessed bomber Timothy McVeigh's lawyers are looking at ways to win a new trial based on "overlooked" FBI documents.
Defence lawyers suggested last night McVeigh, guilty of what officials call the worst act of terrorism in US history, might reconsider his previous willingness to die for killing 168 people with the truck bomb that destroyed the federal office building in April 1995.
But a former McVeigh trial lawyer said he expected the legal confusion raised by the late discovery of more than 3,000 pages of FBI investigation reports to blow over and the rescheduled execution to go ahead next month.
Attorney General John Ashcroft, who postponed the May 16th execution date on Friday after the FBI said it overlooked the documents, said he would not order another delay even if defence lawyers want more time to review the documents.
Defence attorney Mr Robert Nigh said in a meeting with his client on federal death row in Terre Haute in Indiana McVeigh left the impression he might rethink his decision last year to skip further appeals and agree to his own execution.
"Well, he gave me the definite impression that he's at least willing to keep an open mind for the time being," Nigh told CNN's Late Editionlast night.
Mr Nigh said: "When he had made his decision to forgo further appeals the case had been decided against him by the United States Court of Appeals for the Tenth Circuit and the Supreme Court. But those decisions were made before it was clear that the FBI had withheld evidence. And in light of that disclosure it is only reasonable for him to reevaluate his position.".
On the Fox News Sundayprogramme Mr Nigh said McVeigh has yet to authorise any legal action.