Source: Reuters Pubdate: 10 Jul 1998 Author: Robert Boczkiewicz APPEALS COURT STAYS LENIENCY RULING DENVER (Reuters) - The 10th Circuit Court of Appeals Friday postponed a controversial new ruling barring federal prosecutors from promising leniency to cooperative witnesses in criminal cases. The Denver-based court unexpectedly stayed last week's ruling by a three-judge appellate panel, one day after the Justice Department said it would ask the full U.S. appeals court to reverse the ruling which might affect many convictions, including those in the Oklahoma City bombing case. Friday's order said the court was acting on its own initiative to indefinitely postpone the effective date of the ruling until all 12 judges of the court can reconsider the decision that was issued by the three-judge panel. The July 1 ruling said it was illegal for federal prosecutors to offer leniency in exchange for testimony. It led to a backlash from prosecutors, members of Congress and editorial writers because of its negative effect on law enforcement. "The appeal will be set for oral argument during the November session of the court," the court said in a two-page order. The ruling applied only to the six states of the 10th Circuit, which covers Colorado, Kansas, Oklahoma, New Mexico, Utah and Wyoming, but the Justice Department did not want it to be adopted by appeals courts in other parts of the country. Deputy Attorney General Eric Holder said it was difficult to say whether the ruling would affect the appeals of Timothy McVeigh and Terry Nichols, who were convicted in the Oklahoma City bombing in 1995 that killed 168 people. A key witness in the case, Michael Fortier, testified after reaching a plea deal with prosecutors that promised him leniency. Several members of Congress said they would propose legislation to overturn the ruling. The panel's ruling had an immediate effect in some states because trials were approaching in cases in which prosecutors said their cases were dependent on testimony based on agreements that would be illegal under the new decision. - --- Checked-by: Mike Gogulski