DOWNSIDE LEGACY AT TWO DEGREES OF PRESIDENT CLINTON
SECTION: REMEMBERING THE DEAD
SUBSECTION: WACO – 2/17/00 TO DATE
Revised 1/8/01

 

 

The Post-Dispatch 3/12/00 William H. Freivogel And Terry Ganey "……Until recently, the government had argued that muzzle blasts from small arms were unlikely to be detected by an airborne infrared camera. But the government now concedes that the Fort Hood test may pick up muzzle flashes. And infrared experts, interviewed by the Post-Dispatch, say the airborne cameras are almost certain to pick up the groundfire as flashes. By comparing the duration, intensity and other physical characteristics of the flashes, Danforth hopes his experts can determine whether the 1993 flashes were gunfire or glint…….. One expert, Edward Friday, is a scientist for System Planning Corp. of Arlington, Va. He conducted two days of tests in 1997 to try to recreate the flashes he saw in the Waco tapes. He admits to being stumped by the mystery of the flashes. Friday's gut instinct is that the flashes are gunfire "because the simplest solution to a problem is often the right one." He is convinced -- like most experts -- that the infrared camera flying above Waco was able to record the muzzle blasts of small arms fire as flashes of heat. He also believes that by analyzing the flashes on the 1993 tape with computer programs, experts can determine the physical characteristics of the flashes. He has not done the work himself, but he finds the results of the Branch Davidians' technical experts persuasive. The flashes repeat with a regularity that is more descriptive of gunfire than glint, he says…….To believe the gunfire scenario, Friday says, it is necessary to believe that the government planned well in advance of the assault to hide the shooters and their weapons from the cameras. This is particularly true in light of the 200 still photographs taken by a second FBI plane on the morning of the raid, none of which shows agents on the ground in the area of the flashes. One of the photos appears to have been shot within seconds of the flashes. The gunfire theory also requires a belief that the FBI has engaged in a massive cover-up that continues to this day. In dozens of statements, sworn and unsworn, over the last seven years, the agents at Waco have said there was no gunfire. Nor has any other witness to gunfire turned up……"

The Post-Dispatch 3/12/00 William H. Freivogel And Terry Ganey "……Another expert -- one who did not want his name used because he works for the federal government -- was suspicious of the use of the FBI Night Stalker. "I think it is a big mistake to involve the FBI Night Stalker FLIR." he said. "The FBI already stated that the Night Stalker FLIR is not the same as used at Waco, and they are not willing to disclose the type of FLIR on board. This camera may be the type of FLIR that is sensitive to solar interference and thus would detect flashes from debris. This could then be used to confuse the jury and cloud the results of the re-enactment. I strongly advise that the Night Stalker not be used during the re-enactment." Friday is also worried about the FBI camera. "The FBI should remove whatever 'upgrade' was performed on the camera to restore it to its original configuration," he said…….."Dallas Morning News 3/12/00 Lee Hancock "…..Sometime next Sunday morning, if the weather is right, a British Navy helicopter and an FBI airplane will circle lazily above a stretch of broken Central Texas ground. Men below in combat garb will charge forward to shoot repeated volleys of gunfire as each aircraft records their actions with a heat-measuring infrared video camera. Bradley fighting vehicles and combat engineering vehicles will lumber over broken glass, crumpled aluminum, and other debris laid out to resemble wreckage from a tank-battered building. …….. On hand to watch the March 19 field test at a closed Fort Hood firing range will be congressional investigators, lawyers and scientific experts from both sides in the Branch Davidian lawsuit. The Texas Rangers also plan to attend - a signal that the state's top lawmen are still working to get to the bottom of the Branch Davidian case seven years after being asked to help investigate it. …….. Attorneys for the sect say they are confident that the test will produce recordings of gun flashes that look so similar to the flashes on the Waco video that the public and the judge hearing their lawsuit will quickly conclude that government agents fired on April 19. "The bottom line is, if we get flashes from gunfire that are at least similar to the flashes on April 19, I don't think that the judge is going to require that it be precise," said Michael Caddell, lead lawyer for the Branch Davidians. "And we're confident that this test is going to show gunfire." ……….

Dallas Morning News 3/12/00 Lee Hancock "…..The government then spent more than a month continuing to fight the test proposal. They argued that it would be impossible to re-create environmental conditions in Waco on the final day of the siege, when the temperature climbed to 85 and winds gusted to 25 miles an hour and skies turned from partly cloudy to clear over a muddy Texas prairie. They also told the court that the test couldn't provide data suitable for comparison with the Waco video because the FBI's infrared camera had been upgraded and nothing else like it was available. They added that even basic information about the camera was classified; even its altitude in Waco was labeled a sensitive government secret. But the government dropped its opposition after Mr. Danforth's office determined that the FBI camera was an off-the-shelf, British-made device still in wide use by the British Royal Navy. ……. Participants say government lawyers fought hard to keep results of the Fort Hood tests secret, but they lost in St. Louis. Despite continued Justice Department lobbying for sealing the test results, Mr. Caddell said that he has been told he will be free to immediately release his copy of the Fort Hood recording to the media and the public. ……. The sect's experts also have persuaded the court's scientist to allow test firings of a "Mark-19" automatic grenade launcher. One of those experts has argued that he believes some of the flashes on the April 19 video match the rapid firing rate of a Mark 19. …….

Dallas Morning News 3/12/00 Lee Hancock "…..A flamboyant New Orleans-based private investigator in the case has announced that he believes the cameras at Fort Hood will be altered in a way to ensure they do not detect gunfire. The investigator, Gordon Novel, has been tied to government conspiracy theories since he was labeled a CIA operative and fugitive witness in late New Orleans District Attorney Jim Garrison's investigation of the Kennedy assassination. Mr. Novel was the first to identify the flashes on the Waco tape as possible gunfire in December 1995 while working on the Branch Davidian case for former U.S. Attorney General Ramsey Clark. He said that he partially bases his suspicion on the fact that the British-based company supervising the test is owned by a U.S. defense contractor that has done past work for U.S. intelligence agencies, the defense department and the FBI. …….. "

St. Louis Post-Dispatch 2/26/00 William Freivogel "…..The top FBI commander on the scene at Waco says that a government tank unintentionally knocked down the gymnasium of the complex as agents tried to inject tear gas into a room where about 20 Branch Davidians were hiding…….Mike Caddell, the lead lawyer for the Branch Davidians, says Jamar is lying. "Every person who has looked at the pictures of the tank destroying the gym has characterized it as demolition," he said. "Jamar and Dick Rogers are trying to keep themselves out of prison." Rogers was head of the hostage rescue team at Waco, and directed most of the assault. The issue of whether the government intended to knock down the complex is important both to the wrongful death suit that the Branch Davidians have filed against the government and to the investigation of special counsel John C. Danforth……. "

St. Louis Post-Dispatch 2/26/00 William Freivogel "…..Jamar told his story to investigators for the House Government Reform Committee in Austin, Texas, on Feb. 16....... Justice Department sources say that Jamar told this story: By 9:30 a.m., more than three hours after the government began squirting tear gas into the complex, listening devices had picked up conversations from a large group of women and children who had gathered in the kitchen, which remained free of tear gas. Rogers and Jamar decided to breach the gym walls so that one of the converted tanks could shoot tear gas into the kitchen. Around 11:20 a.m., the converted tank began knocking into the gym. The idea, Jamar said, was to make a path for the tank equipped with a boom for the tear gas. Jamar said he believed that the successful gassing of the kitchen had led the Branch Davidians to ignite fuel they had spread on the floor of the complex. The fire was the cause of most of the deaths……"

St. Louis Post-Dispatch 2/26/00 William Freivogel "…..But Caddell lists these objections:
* At the time he ordered the attack on the gym, Jamar said it was time to go "all out." That account was given by a senior member of the hostage rescue team after the incident.
* Senior FBI officials monitoring from Washington concluded that Jamar and Rogers had deviated from a plan to end the siege when the tanks began ramming the gym. Danny Coulson, the first leader of the hostage rescue team, testified in a deposition last week that the siege plan he helped draft did not provide for knocking into the gym. He said he was surprised when the tank did so.
* An FBI briefing paper prepared before the assault said the gym side of the complex "is not of good quality" - so Jamar had notice that the gym would fall easily.
* After a pass into the gym and toward the kitchen, the first tank moved away from the kitchen and knocked into other portions of the gym wall five or six times.
* The tank with tear gas sent the fumes into the kitchen from the front of the complex, rather than the back, where the first tank had knocked down the gym. So the destruction of the gym was not needed.
Other sources add two other reasons to question Jamar's account. One is that there was room for the tank to approach the kitchen without touching the gym.
More important, at 11:31 a.m., an agent is heard on the radio traffic of the incident to report, "It's coming down." There was no response from Jamar. If Jamar was warned that the gym was coming down and didn't intend for it to collapse, then he should have taken some action, sources said……."

St. Louis Post-Dispatch 2/26/00 William Freivogel "…..Caddell said drafts of the plan included provisions for creating holes in the structure with tanks. Those tactics were removed from the final plan approved by Reno. …….. According to Caddell, Coulson and others at the FBI were shocked to see the tanks demolishing the building. But other sources say that Caddell left out important parts of Coulson's testimony. Coulson said that he did not consider the tank ramming of the gym to be a speed-up in the destruction of the building. The plan for destroying the building after 48 hours of gassing did not involve the tanks penetrating the building. Instead, one tank was to attach a rail and peel away siding. This operation was to begin in the front of the building. Coulson testified that the reason he was concerned about the tanks ramming into the gym was that he was afraid the Branch Davidians could attack them or that the tanks would drop through the floor. He was not concerned that the Branch Davidians would be hurt……"

Dallasnews.com 2/26/00 David McLemore "…… One of the most painful lessons of the deadly 1993 Branch Davidian standoff is that government secrecy about it continues to corrode public confidence, Waco whistle-blower Bill Johnston said Friday. "When governmental agencies stonewall and deceive the public, they create fertile ground to feed conspiracy theories and let negative perceptions grow," said Mr. Johnston, who resigned as a federal prosecutor in Waco earlier this month. "If they don't open the doors and let people see what happened, how are people supposed to know what is true?" ………. "The [Justice] Department isn't as open as it needs to be," Mr. Johnston said. "Governmental agencies must make more information public as soon as possible and to as many people as possible. I believe it can be done without damaging litigation or legal rights of the accused." ……. "If there had been more openness after Waco, we wouldn't have this mess we have today," Mr. Johnston said. "When the government continues to withhold matters from public scrutiny, it just eats away at the public trust. People feel betrayed. "Another shame is that the tragedy of the deaths of those four ATF agents gets lost amid all the investigations and claims and denials of government cover-up," Mr. Johnston said. ……… "

WorldNetDaily.com 2/26/00 David Bresnahan "……The Department of Defense has been asked to declassify thousands of secret military documents in anticipation of testimony by Attorney General Janet Reno, and possibly even President Clinton -- in a lawsuit on behalf of three children killed in the 1993 Waco Branch Davidian fire……. The classified documents in question are already in the custody of Judge Walter Smith of the U.S. District Court for the Western District of Texas, Waco Division. Last year the judge ordered all federal agencies to give him all documents related to the Waco incident. But since thousands of pages of the military documents are marked "classified," he cannot make them available to the lawyers involved in this and other cases related to the Waco tragedy. ……"

WorldNetDaily.com 2/26/00 David Bresnahan "……Attorney James H. Brannon sent a letter to Secretary of Defense William S. Cohen and asked for declassification of the documents according to Executive Order 12958, signed by President Clinton on April 17, 1995. Brannon has not asked Smith to declassify the documents by court order because he must first ask the military to do it. He intends to ask for a court order if Cohen fails to grant his request…….. His letter gives a week for Cohen to respond, but he told WorldNetDaily he would stretch that deadline in order to give Cohen time to view the documentary "Waco: A New Revelation." "I'm going to give him a chance to see the film, because the people I'm quoting in (the letter) are people in the film. So let him take a look at them and hear what they've said in the film," Brannon said. …….. Brannon has already taken sworn testimony from dozens of FBI agents and three Special Forces Delta Force soldiers who participated in the government raid at Waco. Brannon said they have an "epidemic of amnesia" and don't remember anything. ….."

WorldNetDaily.com 2/26/00 David Bresnahan "…… "They used 48 hours worth of gas in about three hours," Brannon said. He wants to question Reno about what happened and what went wrong. "They didn't have any difficulty saying we're going to try it this way for 48 hours. All of them knew they were going to be squirting it on little children for 48 hours. They had a gas expert, and he said 'oh, it's not going to hurt them.' But that was on the theory that it wouldn't give them (the children) permanent damage if they did it over 48 hours. He didn't say anything about what would happen if a few hours after they start they shoot every bit of gas in there -- 48 hours worth in three hours. As far as we know, he didn't express any opinions that that kind of dosage would be inconsequential as far as children were concerned," explained Brannon. "But all that comes down to: Is it okay to torture them for three hours? Is it okay to torture them for 48 hours? I don't think it's okay to torture them for one minute," said Brannon. ......"

WorldNetDaily.com 2/26/00 David Bresnahan "……When Reno is deposed, Brannon will ask her about her role in the event, he says. "We want to know what she was told, everything she was told to make her mind up to approve this disastrous assault on the 19th of April. The main thing is, 'what were you told and what reasons did you have for thinking that it was okay to approve this plan that provided for the gassing of innocent and unprotected children?'" ...... When Smith asked the White House for all Waco-related documents, he was told they were covered under executive privilege. Brannon has not ruled out challenging the executive privilege claim, and may attempt to depose Clinton. He said Reno is purposely trying to make her testimony useless to him. ......"

WorldNetDaily.com 2/26/00 David Bresnahan "……"So, what have they classified? Especially when we hear that the FBI has taken a clear position that they didn't shoot any guns there. And, not only that, at least one of the weapons we think was fired there is strictly a military weapon. The FBI doesn't have one. So if it was fired there we presume it was fired by military people," he said. The letter gives a number of reasons for the need to declassify the military documents, including:

* Admitted involvement of at least 10 active-duty military personnel during the 51-day siege, and three who admit to being present the day of the fire.
* Sources who have informed Brannon that military personnel were observed with the FBI's Hostage Rescue Team during the assault.
* The congressional investigation discovered that military personnel admitted involvement with the armored vehicles used in the raid.
* A military source told Brannon that Delta Force soldiers were "pulling triggers."
* A CIA employee reported that a high-level briefing with Reno detailed plans for military involvement a month before the raid.
* The Texas Rangers conducted an investigation and told Brannon there is evidence that there were more Special Forces soldiers present at Waco than the government admits to. The Texas Rangers also believe those soldiers were involved in the assault.
* Government documents indicate there were three Delta Force soldiers in forward locations at Waco. The three Delta Force soldiers who gave testimony to Brannon claimed they were in different locations, and they firmly stated they were the only Delta Force soldiers present.

Brannon also points out in his letter to Cohen that the FBI and Department of Defense have not been as specific in their answers as they should be. When asked about shots fired at the Branch Davidians on April 19, 1993, the FBI responded: "No FBI agent shot, and nobody under FBI supervision/direction/control did either." The Department of Defense responded to the same question in a letter, saying, "No DoD person shot, and nobody under DoD supervision/direction/control did either, based on currently available information." ….."

WorldNetDaily.com 2/26/00 David Bresnahan "……WorldNetDaily is in receipt of a letter from the United States Special Operations Command in response to a Freedom of Information Act request seeking military documents regarding Waco. The letter explained why the military has classified some of those documents: "Portions of the documents were found to contain information concerning military plans, weapons, or operations; and vulnerabilities or capabilities or systems, installations, projects, or plans relating to the national security, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security." WorldNetDaily asked Cohen by fax whether the statement also applied to the documents Brannon is seeking to declassify. Cohen's office has not responded. ......"

San Antonio Express-News 2/23/00 Dick Reavis "…..For the first time, a Branch Davidian survivor of the Feb. 28, 1993, shootout at Mount Carmel has admitted that he fired at two of the four U.S. Bureau of Alcohol, Tobacco and Firearms agents who were killed during the battle. Livingstone Fagan, who was one of 11 Davidians tried in San Antonio six years ago, said in a deposition that he shot at ATF agents on the roof of Mount Carmel. Fagan gave the deposition in a wrongful death lawsuit Mount Carmel survivors and their families are bringing against the federal government. ……. Fagan is a party to the wrongful death suit because his mother, Doris, 60, and his wife, Evette, 30, died in the April 19, 1993, fire at Mount Carmel…..

San Antonio Express-News 2/23/00 Dick Reavis "…..During the Davidian trial, federal prosecutors claimed that late in the 45-minute battle, Fagan wounded ATF Agent Eric Evers, who took the stand to identify his assailant. "I know that man over there shot me," Evers testified, pointing at Fagan. "It's everything is etched in my brain until the day I die, because of that incident. There's no doubt in my mind that man shot me." But in his Feb. 1 deposition, Fagan says that on the morning of the ATF raid, he wasn't outdoors, as Evers testified. Instead, he was in Mount Carmel's cafeteria, firing on agents who were standing on a roof outside David Koresh's bedroom. Fagan told federal civil attorney Marie Hagen he acted in self-defense. "Your government murdered people who were very dear to me," he declared. Hagen both cajoled and pressed for details, even offering Fagan her coat to ward off a Pennsylvania morning chill….."

San Antonio Express-News 2/23/00 Dick Reavis "…..Two of the ATF agents on the roof, Todd McKeeham, 28, and Conway LeBleu, 34, both from the bureau's New Orleans team, were killed on the spot. A third man on the roof, Kenneth King, was wounded but survived…………..The plaintiff's team decided to make the deposition public, Lyons said, because Mike Caddell, the lead counsel, "believes that we have to get to the truth about what happened, that's all." ……During the trial, a notation made by a Texas Ranger during a pretrial session in which Evers picked Fagan from a photo lineup was introduced into evidence. The notation said, "unsure if ID'd from TV or shooting." Orchowski, in after-action interviews, said he could not identity the assailant who, in the courtroom, he picked out as Fagan. But Rosen's cross-examination of the two agents failed to impress U.S. District Judge Walter Smith Jr., who also will hear the wrongful death suit, which is set for trial in May. During the 1994 sentencing hearing, Smith said: "The evidence from this trial has not faded from my memory. Certain images are clear. I see Livingstone Fagan dressed in combat gear, coldly shooting down Eric Evers with a military rifle as he rounded the corner of the compound and came into view. As Evers tried to get up, Fagan shot him twice more." The man who shot at Evers, Fagan told Hagen, was a British male of African descent, who died in the April 19 fire. Fagan refused to provide the man's name. ......"

San Antonio Express-News 2/23/00 Dick Reavis "…..It is unclear what effect Fagan's remarks might have upon his status as a prisoner. Because of constitutional protections against double jeopardy, "it is unlikely that they will indict him for what he says in the deposition," Lyons said. But George Dix, a University of Texas professor of criminal law, is not so sure. …… Other Davidians who were imprisoned as a result of the 1994 proceedings are appealing their sentences, and the U.S. Supreme Court has set a hearing on their case for April. But Fagan refused to join the appeal, he says in a recent letter to the San Antonio Express-News, because "when Judge Smith did what he did, he took the matter out of the realm of the judicial"- a phrase that in the argot of the Davidians, means the Mount Carmel gunman has placed his future in God's hands. …."

Freeper Ed Wolfe 2/19/00 from the Internet "…..According to the St. Louis Dispatch, John Danforth recommended to Judge Smith that a "British" company called Vector Data Systems should be the one to conduct the test and to interpret the results. VDS is reported to have former Royal Air Force pilots in it's employ, to be experts at interpreting infrared images, and most significantly, to be an "independent" expert that both the government and the Davidian lawyers can count on for impartial analysis. This is where something stinks in St. Louis…….Vector Data Systems is not a British company, and as far as this writer can determine, never was. Although it may have RAF pilots in it's employ, that would probably be due to the fact that VDS has branches in the United Kingdom, Australia and Korea in addition to it's headquarters in Alexandria, Virginia. The company was purchased in 1997 as one of the first in a string of information technology acquisitions by the Anteon Corporation. ……… Anteon Corporation, head-quartered in Fairfax, VA is not a British company either. Although it's possible that Anteon will be using it's British subsidiary of Vector Data Systems to conduct the test and interpret it's results, it is misleading to simply state that the independent expert is "a British company." ……"

Freeper Ed Wolfe 2/19/00 from the Internet "…..Even more interesting is the fact that Danforth who is supposed to be seeking the truth, picked an unusual company to serve as the "impartial" arbiter of the test results. The Anteon Corporation is a very high tech, multi-million dollar company that gets a large share of it's profits from federal government contracts…….. And we're not talking about the British government either. Just last month Anteon signed a 2.2 million dollar deal with the General Services Administration to provide program management analyses and assessments for the United States submarine force…….In December of last year, Anteon scored another $10 mil from the government till in a deal with the Veterans Health Administration. Two months before that, Anteon signed a 7.8 million dollar contract with the U.S. Coast Guard. September was another lucrative month resulting in a $43 million dollar contract with the U.S. Navy. Finally, topping the list is a $250 million dollar Blanket Purchase Agreement with the GSA to provide the federal government with critical infrastructure service as ordered in Presidential Decision Directive #63, penned by Bill Clinton on May 28, 1998……."

Dallas Morning News 2/25/00 Lee Hancock "……Efforts by federal prosecutors to access files from the government computer once used by a Waco whistle-blower prompted angry complaints to the Justice Department this week from a congressional committee investigating the Branch Davidian siege. House Government Reform Committee Chairman Dan Burton sent a letter to Attorney General Janet Reno late Tuesday demanding a full explanation for the search, which occurred days after that committee's investigators conducted lengthy interviews with the whistle-blower, former federal prosecutor Bill Johnston……. "

Dallas Morning News 2/25/00 Lee Hancock "……Mr. Johnston said he learned about the effort to search his computer after going to his old office late last week to fill out paperwork and being met by nervous staff and an Austin-based computer technician. He said a staffer from the Waco office told him on Tuesday that the computer technician had been sent by Mr. Blagg, the U.S. attorney, to remove the hard drive of the computer he had used. "The staffer told me that they've had a number of meetings in San Antonio about how to get into my computer and have tried to access it remotely to access information from it. They pulled what they could out of it that way, and then had to come up and get the hard drive," Mr. Johnston said. "The computer person told the Waco staff that she needed to do it in response to congressional subpoenas." He said the staffer who contacted him was particularly concerned because the computer technician did not want to tell Mr. Johnston what she was doing and even ran hurriedly from his former office to hide what she was doing after he unexpectedly dropped by. ……"

Dallas Morning News 2/25/00 Lee Hancock "……Mr. Johnston said he contacted Mr. Burton's committee on Tuesday to question why he had not been told about such a subpoena when both Republican and Democratic committee investigators interviewed him in Austin early last week. He had previously turned over information from his files after the committee issued an exhaustive subpoena seeking Justice Department records on the Branch Davidian case last September. "I wouldn't expect to get a straight answer from the people who ordered this search, so I decided to go straight to the horse's mouth. I called and asked if the congressional committees had issued a new subpoena. They hadn't," Mr. Johnston said. "That's just their [the U.S. attorney's] excuse. It's juvenile. If it weren't the government behaving this way, it would almost be comical." ……… The letter from Mr. Burton, R-Ind., asked for a complete explanation for the search by next Thursday. He wants to know who authorized the computer search, why it was undertaken and whether anyone else involved in the Branch Davidian case was being subjected to similar scrutiny. "It was my understanding that the Justice Department had already identified all documents responsive to our subpoena," Mr. Burton wrote. "Is the Department searching or reconstructing the hard drives of other Department employees in this matter? If so, please provide a list." ….."

Dallas Morning News 2/25/00 Lee Hancock "……Mark Corallo, a spokesman for the House Government Reform Committee, said Wednesday that the chairman lodged the formal demand because of Mr. Johnston's high profile and the "perception" that Justice Department officials might be seeking information to discredit or retaliate against him. "Bill Johnston is someone we've spoken to who has cooperated with Congress," Mr. Corallo said. "We'd love an explanation as to why they felt it necessary to go through his computer. "The committee has had great concern with retaliation. . . . We even held a hearing about retaliation against whistle-blowers," Mr. Corallo said. "While a witness with the Department of Defense was testifying before the committee that day, his superior was trying to gain access to his computer illegally. So we do have a great concern when things like this happen." ……"

Dallas Morning News 2/25/00 Lee Hancock "……One federal official in Washington familiar with the matter said the search conducted last week "is not unique" to Mr. Johnston. "There are lots of people asking questions, so steps are being taken to preserve records." Mr. Johnston said the search was puzzling because it was not conducted until after he left, and his former office knew of no similar searches in the Davidian case……."

Dallas Morning News 2/25/00 Lee Hancock "……As that inquiry progressed, Mr. Johnston sent increasingly alarmed e-mails to his boss, U.S. Attorney Blagg. Those messages warned that the Rangers were developing compelling evidence that challenged the federal government's long claim that no pyrotechnic gas canisters or devices of any kind were used on April 19. Mr. Johnston said he learned Tuesday that his e-mail traffic had been downloaded from the computer earlier this month, and his remaining old files had somehow been removed last week. "The staffer tried to log on, just out of curiosity, and all my stuff was gone," he said……."

Freeper aristeides "….. Bill had live coverage in the WH Situation Room and he invited the fat cat Chinese contributors in for a look-see as it was going on. And Bill went in the evening to a celebration of Shelia Lawrence's birthday at a restaurant in Georgetown, where he was persuaded to eat crabcakes. And he spent two hours "late" on that day being given a private tour of the new Holocaust Museum. …."

St. Louis Post Dispatch 2/24/00 William Freivogel and Terry Ganey "….. Press advocates argue that opening the test could inspire public trust. But Danforth says the piecemeal release of information would undermine confidence in his investigation.. …….. Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, concedes that the courts have never recognized the right of the public or the press to be present during the "discovery" phase of a civil suit, when both sides gather evidence in advance of a trial. The re-enactment is part of that evidence-gathering in the Branch Davidians' wrongful death suit against the government. But from a policy point of view, Dalglish thinks Danforth's decision is a mistake. "By cloaking this whole thing in secrecy, the public gets suspicious about what they were not allowed to see. If they can see what is going on, there is going to be less of a Roswell flying-saucer element," she said. …….. . Dalglish says Danforth's attempt to close the test could have unintended consequences. "Sometimes investigators don't use their heads on this. If television and news reporters cannot view what happens by standing in a viewing area, they are going to have to rely on leaks. If they have visuals and can watch the test occur, that will probably be what they run." …… Danforth has most of the law on his side, the experts say. Peter Joy, a Washington University law professor, noted that Danforth's memo cited several previous court decisions upholding secrecy in similar matters, while the news organizations had little legal support. Over the past two decades, the U.S. Supreme Court has broadened the First Amendment right of the press and public to attend trials and pretrial proceedings. But in Seattle Times Co. vs. Rhinehart in 1982, the court said there was no First Amendment right to disseminate information obtained during pretrial discovery. …….. McNulty has long said the press must shoulder part of the blame for the 1993 Waco tragedy because it allowed the FBI to push it back away from the complex before the final assault, making press scrutiny impossible. …….. "

Dallas Morning News 2/24/00 Lee Hancock "… A former top FBI official has acknowledged that sending tanks into the Branch Davidian compound was inconsistent with the Washington-approved plan for ending the 51-day siege, the sect's lead lawyer said Wednesday. Former deputy assistant FBI director Danny Coulson also testified in a deposition on Tuesday that he and other senior FBI leaders were stunned when they saw live network TV images of FBI tanks ramming deep into the sect's compound on April 19, 1993, said Houston attorney Michael Caddell. Mr. Coulson is the first top FBI official involved in the 1993 incident to be questioned under oath in the Branch Davidians' wrongful-death lawsuit….."

Dallas Morning News 2/24/00 Lee Hancock "… The founding commander of the FBI's hostage rescue team and one of its most experienced tactical experts, Mr. Coulson was one of the bureau's key decision-makers in drafting the detailed gassing-operation plan that Attorney General Janet Reno ultimately approved……… But early proposals that called for using tanks in the initial stages of the operation to demolish the building were removed from the final plan approved in Washington, FBI and Justice Department records show. ……. "Mr. Coulson made it clear that the penetrations of the tanks into the building were deviations, were inconsistent with the plan approved by the attorney general," Mr. Caddell said. …… ….. "It's completely understandable from Mr. Coulson's testimony that on April 19, Rogers and Jamar decided to jettison the plans that had been approved in Washington," Mr. Caddell said….."

Dallas Morning News 2/24/00 Lee Hancock "… One Justice Department official said that Mr. Coulson's testimony may be of limited importance because he acknowledged that he was not in the FBI command center that kept direct communications with FBI leaders in Waco. "He wasn't in a position to know if there were authorized modifications to the plan," the official said. "He also said that it was his experience that the people on the ground have some discretion." ……..

Dallas Morning News 2/24/00 Lee Hancock "… The FBI pleading stated that the Branch Davidians have offered no evidence that either commander ordered agents to shoot. But it added that "if government officials were to have fired into the compound, such gunfire would not be 'unprovoked,' nor inconsistent with the FBI's deadly force policy." ......,Mr. Caddell said the government's latest argument appears to be a retreat from the FBI's long-standing assertion that none of its agents fired during the standoff.... "Government lawyers are moving away from an absolute position that there was no government gunfire on April 19," he said. "Those are the first cracks in the stone wall." ..."

Dallas Morning News 2/24/00 Lee Hancock "… Local firefighters were kept away for almost 45 minutes after they responded to the blaze. Mr. Jamar later said he could not let them near the compound sooner for fear that sect members could have shot them. But Mr. Caddell said Wednesday that Mr. Coulson's testimony could strengthen the sect's claims about government negligence in failing to prepare adequately for a fire. "He acknowledged that the attorney general had instructed them to ensure that adequate firefighting equipment was there and told them that cost was not an issue," Mr. Caddell said. "The FBI had acknowledged investigating the use of armored firefighting equipment, but for reasons unknown to Mr. Coulson, they didn't have any." Instead, draft plans for the tear-gassing indicate, FBI officials decided to rely on the closest nearby civilian fire department. That largely volunteer department then had only three paid employees, FBI records indicate……"

Dallas Morning News 2/24/00 Lee Hancock "… Other FBI documents show that senior bureau negotiators and behavioral experts warned that sending in tanks guaranteed violence and loss of life. Mr. Coulson has previously said that he did not know of another FBI operation in which armored vehicles were used to assault a barricaded building. He vetoed use of tanks in the 1992 standoff at Ruby Ridge, Idaho, when Mr. Rogers asked to use armored vehicles to demolish the building where white supremacist Randy Weaver was holed up. Mr. Coulson told Congress that he rejected that proposal because tanks would cause panic and loss of life……."

Freeper aristeides 2/24/00 remarks "…..But weren't people in Washington following events in the FBI command center (and, I believe, also in the White House)? Even if they didn't give the critical orders, they could countermand orders that, for example, authorized the use of tanks. Reno was in the FBI command center until -- allegedly, according to the current story -- shortly after 10 AM. Hubbell says he was going back and forth between the FBI building and the Department of Justice. I think one can assume high-ranking people were in the White House Situation Room, which we know was on full alert……"

Dallas Morning News 2/24/00 Lee Hancock "… One Justice Department official said that Mr. Coulson's testimony may be of limited importance because he acknowledged that he was not in the FBI command center that kept direct communications with FBI leaders in Waco. But, according to Coulson's book "No Heroes", he was following events in the FBI building. This from pp. 452-3 of "No Heroes": I was in the submarine [the Strategic Intelligence and Operations Center in the FBI building], watching the whole thing on the bank of television sets and following the actions of Sage, Rogers, and the others via telephone linkup with the command post……" I paced about the big room -- the small command center where I usually sat was occupied by Reno, Clarke, Potts, and a few other big shots. Reno left shortly after 10 A.M. to make a speech. I stayed in the big room -- more pacing space. ….."

Freeper archy "…..They don't even get ourt of the first paragraf befoire the lies begin. The British Anteon is a subsidiary of an American defense and intelligence community contractor, headquartered in Alexandria, Virginia. More cover-up coming:
Anteon Corp. launches acquisition campaign, buys Vector BY JOHN MOORE (john_moore@fcw.com)
Anteon Corp. has embarked on an acquisition strategy that the company believes will make the Fairfax, Va.-based integrator a $500 million company in less than three years.
Anteon launched its acquisition foray two weeks ago, purchasing Vector Data Systems Inc., a $30 million Alexandria, Va.-based company specializing in command, control, communications, computers and intelligence (C4I) systems. Now Anteon is setting its sights on companies in the $50 million to $100 million range and above, according to Noreen Centracchio, vice president of corporate development at Anteon. ….."

Times/UK 2/19/00 Damian Whitworth "…… A BRITISH company is to stage a re-enactment of the final day of the Waco siege, with Royal Navy helicopter pilots being given the key role in unravelling the mysteries of how up to 80 people died. …….. Vector Data Systems, a Peterborough-based company that often works with the Ministry of Defence and specialises in infra-red imaging, will organise the re-enactment, which is expected to take place next month near Fort Hood, Texas. ……."

St. Louis Post-Dispatch 2/19/00 William Freivogel Terry Ganey "….. Special counsel John C. Danforth has asked a federal judge to keep the public and the press out of next month's test to determine whether government agents fired at the Branch Davidians during the 1993 Waco siege. The former senator argues that "piecemeal" disclosure of his investigation "would be a profound disservice to the cause of justice." ……Danforth signed a memo to Judge Smith in response to motions by news organizations seeking to open the test. The St. Louis Post-Dispatch and the San Antonio Express-News have joined The Associated Press and the Dallas Morning News in seeking access. They claim that closing the test impairs their First Amendment right to gather news and undermines the test's credibility with the public. ……"

Freeper Carry_Okie "….. The glass of a mirror is adsoprptive of some frequencies and others not. It depends upon the spectral adsorption/transmittance of the material as you are clearly aware. The sheetstock of the blind could adsorb IR radiation and convective heat from all that gunfire in excess of the amount from people on the inside of the material, rise in temperature, conduct the heat, and change its radiative energy on the outside. Because the emissivity is high it might be a good radiator. The paint adsorbing the radiation nearby might do the same. These surfaces would integrate the adsorption of the incident energy and increase their thermal radiation. ……… These distinctions would probably not be visible to humans watching the video tape. One would have to perform a digital analysis on the pixels but the data might be there. If, on a cold day you stood in front of a mirror, and you had a very sensitive detector like a FLIR, you could eventually get a change in the radiative power off the surface, but you would probably need a computer to see it. …… Other surfaces would reflect some of the light based upon their poorer emissivities. Hence my comments about the spectral detection frequencies of the sensor in the FLIR and the nature of the materials in the area. One could know the materials measure the differences and do the math. I do not know what they are but it might be worth a look. But there is one more distinction. ……As I recall (and this is deep memory), the signal off the detector array in a FLIR is continuous. Unlike a cryostatic IR camera for example, FLIR is called a "staring array". It is thus particularly good at detecting changes in energy and cannot as easily measure absolute energy. This makes it particularly suited to seeing something like a flash from a gun. To get an image off a mirrror you thus might have to dither the camera to get the image. (I have never done image analysis off FLIR, but it sounds like a hoot.) ….FLIR works in aircraft because it is moving. I just don't know if the post processing could be done. It is perhaps worth a look….."

Associated Press 2/17/00 Michelle Mittelstadt "…..Government officials now say a type of infrared camera used by the FBI during a siege on the Branch Davidian compound in Waco, Texas, in 1993 is capable of detecting gunfire - an about-face. Lawyers for Branch Davidian plaintiffs who have filed a wrongful-death lawsuit against the government called the acknowledgment a "stunning reversal" from prior claims the camera could not capture images of gunfire. ……… "

Washington Post 2/18/00 David Vise Lorraine Adams "…. Eight gunmen firing submachine guns and pistols. Grenades exploding near a debris field of broken glass, aluminum and tubs of water. Men with painted faces running from place to place in camouflage fatigues alongside three tanks. And pilots from the Royal Navy of the United Kingdom flying Lynx helicopters overhead carrying special infrared cameras to record the entire event……. No one knows precisely how high expenses will run, but one official said it will cost about $300,000 just to transport the British equipment and personnel across the Atlantic Ocean to Texas. A government official has said the entire demonstration will cost an estimated $750,000……"If the judge lifted the order requiring the joint demonstration, the FBI and the Justice Department would back out of this in a minute," Caddell said yesterday. "The bottom line is this is something they are being dragged into kicking and screaming and they are gritting their teeth." ……"

St. Louis Post Dispatch 2/17/00 Terry Ganey William Freivogel "….The 21-page blueprint was drawn up during a five-hour, closed-door meeting in the offices of Special Counsel John C. Danforth. Attorneys for the Justice Department and the Branch Davidian survivors signed a document outlining the rules of the test, which may take place as soon as March 18 at Fort Hood, Texas. …… The test will involve six people firing an array of weapons in single shots, short bursts and on full automatic. The shooters will fire from various positions - prone, kneeling and standing. They will wear various combinations of protective clothing such as body armor, flight suits, fire retardant suits and camouflage sniper garb. ……. Weapons and ammunition to be tested

* Heckler & Koch 9mm MP5 submachine gun (suppressed)
9mm 147 grain Hydroshock hollowpoint
* Remington Automatic shotgun M870 12 g
Magnum 00 Buck, 1 oz. Rifled slug
* Heckler & Koch 9mm MP5 submachine gun
9mm 147 grain Hydroshock hollowpoint
* Rifle M-16 rifle with M203 grenade launcher
.223 standard military issue and flashbangs
* CAR-15 rifle
.223 standard military issue
* M-79 launcher
M-79 Ferret, M651 and Flashbang rounds
* Browning 88 9mm pistol
9mm 147 grain Hydroshock hollowpoint
* M60 machine gun
7.62 belt-fed standard military issue
* Mk-19
40mm flashbangs

The Dallas Morning News 2/18/00 Lee Hancock "….. British experts say data not considered classified in their country The release of full plans for a potentially pivotal infrared field test in the Branch Davidian case came after FBI officials were forced to abandon their claim that even basic information about the camera used in Waco was classified, an infrared expert said Thursday. ……. Justice Department and FBI officials had contended for months, to both a federal court and to congressional investigators, that revealing even the manufacturer of the camera or basic data about how high it operated in Waco would jeopardize law enforcement secrets and classified national security information. They offered that argument to U.S. District Judge Walter S. Smith Jr. of Waco in November when they tried to convince him to reject the recommendation of the Waco special counsel's office for a field test. Not only would such a test be confusing and scientifically invalid, they wrote in the November pleading, it also could compromise government secrets. "Disclosure of even the most fundamental information would permit identification of the aircraft and provide notice to those who seek to avoid detection by federal law enforcement," the pleading said. ............A British Defense Ministry spokesman said Thursday that the loan was contingent on U.S. agreement that there would be no public access to sensitive operational information about the aircraft and its camera. But in Wednesday's meeting to finalize the March tests, the court's British-based scientific experts and British defense ministry representative said none of the information that the FBI and the Justice Department had tried to withhold was considered secret or sensitive in their country, said Edward Allard, a retired infrared expert who attended the briefing on behalf of the sect's lawyers. ......"

2/18/00 Freeper Ol’Dan Tucker "…..Somehow I think their fallback story may be that it was some Delta Force member who accidentally fired off a few rounds. Maybe. But I think the cover story is already in place. I seem to remember reading that either the Davidian lawyers or McNulty said there's FLIR footage that shows gunfire coming from the building that's firing to the outside. (I wonder why that wasn't included in WANR?) According to the FIB's "Rules of Engagement" for the gas attack, if the feds came under fire from the people in the building, they were allowed to shoot back. And that'll be the end of the discussion about the what the FLIR shows……."

AP Newsday 2/18/00 "……An attorney for Branch Davidians suing the government asked the Department of Defense on Friday to declassify 5,000 pages of documents that he says could help show whether soldiers fired at the burning compound. ``Public interest demands the public be informed of the military activities undertaken against U.S. citizens on U.S. soil,'' Jim Brannon wrote Defense Secretary William Cohen. Brannon said he will ask a federal judge to grant access to the documents if Cohen declines his request. The Defense Department did not return telephone calls seeking comment. …….. Last month, the Defense Department, which acknowledges members of its elite Delta Force were on the scene during the siege in an observational role, denied gunfire by personnel in their agencies -- ``based on currently available information.'' ……"

AP Newsday 2/18/00 "……In another development Friday, Special Counsel John Danforth filed a motion in federal court opposing media access to a re-enactment next month at Fort Hood. …… But Danforth told U.S. District Judge Walter Smith that ``the quickest way to discredit an investigation is to provide the media with selective information during its course.'' ….."

http://www.the-times.co.uk/news/pages/tim/2000/02/19/timfgnusa03007.html?999 2/19/00 "….. A BRITISH company is to stage a re-enactment of the final day of the Waco siege, with Royal Navy helicopter pilots being given the key role in unravelling the mysteries of how up to 80 people died. …… Vector Data Systems, a Peterborough-based company that often works with the Ministry of Defence and specialises in infra-red imaging, will organise the re-enactment, which is expected to take place next month near Fort Hood, Texas. As tanks roll in, grenades explode and men representing FBI agents fire submachine guns and pistols, Royal Navy pilots will fly Lynx helicopters above the scene and record it with infrared cameras……."

St. Louis Post Dispatch 2/18/00 William Freivogel Terry Ganey "….. Everyone agrees now how to re-enact the conditions of the 1993 Waco siege, but the test next month may not conclusively determine if the FBI fired at the Branch Davidians. "It will still be subject to expert interpretation," said J. Michael Bradford, the U.S. attorney from Beaumont, Texas. …….. After five months of mostly secret work, the field-test agreement is the biggest public development so far in Danforth's investigation. Without the involvement of his office, it's doubtful that a joint test involving the Branch Davidians and the government would be conducted…… The Branch Davidians and the government will likely have different interpretations of the test results when the two sides face each other in a trial in May on a wrongful death suit. U.S. District Judge Walter Smith Jr., who will preside over the trial, could rule for the government or the Branch Davidians based on the evidence he hears. Later, Danforth could reach a different conclusion in his final report, to be released sometime after the trial. That's because the independent expert -- Vector Data Systems -- will make a separate report to Danforth......."

St. Louis Post Dispatch 2/18/00 William Freivogel Terry Ganey "….. Caddell says that if the flashes are gunfire, Danforth probably would want to call back FBI agents who have been questioned before and ask them more questions, this time under oath. Some may be given a lie-detector test. Edward Allard, the Branch Davidians' expert on infrared systems, suggested that Danforth might use his power to call a grand jury to deepen his Waco investigation. "Some people could be facing the loss of their pensions -- and prison," Allard said. ……."

St. Louis Post Dispatch 2/18/00 William Freivogel Terry Ganey "….. A last-minute change in plans for the Foot Hood test makes it more likely a flash will turn up on the tape. Allard, the Branch Davidians' expert, persuaded Danforth's infrared expert to include an exotic gun that emits a big flash -- the Mark-19 grenade launcher. Allard wanted the gun included because it can fire 375 repetitions a minute. He believes he sees flashes on the 1993 tape that repeat at that rate and he thinks grenades from the launcher started the fire that destroyed the complex. The draft plan for the test, drawn up by the British firm Vector Data Systems, did not include the Mark-19. The government at first objected to its inclusion because there is no record that any government agents had been issued the weapon at Waco, although FBI agents have trained with it. Pentagon officials also questioned whether the Mark-19 could safely fire the 40 mm flashbangs that Allard wants to test. Allard dismissed this question, citing the government's own specifications. In the end, it was included in the test plan……"

St. Louis Post Dispatch 2/18/00 William Freivogel Terry Ganey "….. In addition, the Fort Hood test could show that the shooters firing the test weapons are visible on the tape and that their gun barrels heat up during firing -- findings that would indicate the 1993 flashes were not gunfire because shooters are not visible and there is no sign of hot barrels. Publicly and privately, the lawyers for the Branch Davidians exude confidence that the test will prove their case. This confidence is based partly on their cast of three reputable infrared experts who say they believe the flashes are gunfire, a cast that includes Allard. In addition, Allard believes that the former Royal Air Force men at Vector Data, the Danforth experts conducting the test, think it is quite possible the flashes are gunfire. The Justice Department is uneasy with Vector Data's role in the test. The people from Vector Data are experts at interpreting infrared tape but are not scientists. For this reason, the Justice Department sought at Wednesday's meeting to have its own scientists sign off on the scientific validity of the test when it is conducted. Judge Smith ruled against the government. ….."

St. Louis Post Dispatch 2/18/00 "…… Danforth told U.S. District Walter S. Smith that "piecemeal disclosure" of his investigation "would be a profound disservice to the cause of justice" and discredit his investigation in the same way that leaks discredited the investigations of other special prosecutors. …… Danforth personally signed the memo to Judge Smith in response to motions by news organizations seeking to open the test. The St. Louis Post-Dispatch and San Antonio Express-News have joined the Associated Press and Dallas Morning News in seeking accesst. They claim that closing the test impairs their First Amendment right to gather news and undermines the test's credibility with the public. …….. Danforth told Judge Smith that he had vowed from the day he was appointed by Attorney General Janet Reno not to provide an "inning by inning" report. Piecemeal disclosure is "misleading, incomplete, and creates a feeding frenzy of speculation and rumor" that can damage the investigation" and erode public confidence, wrote Danforth. The "recent history of the Independent Counsel law" demonstrates the problems of "engaging in running banter with the media," said Danforth. Danforth did not name names, but independent counsels Kenneth W. Starr and Lawrence Walsh were criticized for leaks. …….In a remark directed at the press, Danforth added, "The Special Counsel would note that those who, in the past, have condemned leaks from investigators now demand piecemeal access to fragments of this investigation." ……"

The Dallas Morning News 2/18/00 Lee Hancock "… The release of full plans for a potentially pivotal infrared field test in the Branch Davidian case came after FBI officials were forced to abandon their claim that even basic information about the camera used in Waco was classified, an infrared expert said Thursday....... Justice Department and FBI officials had contended for months, to both a federal court and to congressional investigators, that revealing even the manufacturer of the camera or basic data about how high it operated in Waco would jeopardize law enforcement secrets and classified national security information. They offered that argument to U.S. District Judge Walter S. Smith Jr. of Waco in November when they tried to convince him to reject the recommendation of the Waco special counsel's office for a field test. Not only would such a test be confusing and scientifically invalid, they wrote in the November pleading, it also could compromise government secrets. "Disclosure of even the most fundamental information would permit identification of the aircraft and provide notice to those who seek to avoid detection by federal law enforcement," the pleading said. ......:

The Dallas Morning News 2/18/00 Lee Hancock "…But in Wednesday's meeting to finalize the March tests, the court's British-based scientific experts and British defense ministry representative said none of the information that the FBI and the Justice Department had tried to withhold was considered secret or sensitive in their country, said Edward Allard, a retired infrared expert who attended the briefing on behalf of the sect's lawyers. …….. "The FBI had thought originally that the height of the aircraft, how high it was flying in operation, should be classified, and the British said, 'We don't care,' " Dr. Allard said. "So finally, someone said, 'Is there anything here that is classified?' " FBI officials in Washington did not return phone calls Thursday. U.S. Attorney Mike Bradford of Beaumont, one of the lead lawyers in the government's Waco trial team, also did not return telephone calls. On Wednesday evening, he said that the information was released "by the Defense Department - not by us." Pentagon officials said Thursday that they had no involvement because the information came from the FBI…..".

The Dallas Morning News 2/18/00 Lee Hancock "…FBI officials have said that the flashes that appeared on the back side of the building during the last hour of the siege were caused by sunlight glints or electronic glitches in their camera. Experts hired by the government have also contended that the camera was too far away and not sensitive enough to record ground gunfire. But after Wednesday's meeting at the office of special counsel John C. Danforth in St. Louis, Mr. Bradford told reporters that the camera used in Waco was capable of detecting some types of gunfire and might record some gun flashes during the March test. But he said the government remains confident that proper scientific analysis of data from the Fort Hood experiment will show that any gun flashes recorded are different from the flashes on the 1993 Waco infrared video. On Thursday, however, the Davidians' lead lawyer said that he believes that the test will provide clear evidence that the flashes were gunshots. "What the government is trying to do is set an impossible standard to give themselves an out," said the lawyer, Mike Caddell of Houston. "If we get flashes from gunfire that are at least similar to the flashes on April 19, I don't think anyone will be fooled." ….."

The Dallas Morning News 2/18/00 Lee Hancock "…The protocol also calls for no news media or public access to the test. After Wednesday's meeting, both sides in the case said they would not oppose some news media presence at Fort Hood. But on Thursday, Mr. Danforth filed a pleading with Judge Smith arguing that he should deny a motion for media access filed earlier this week by The Dallas Morning News and The Associated Press. Mr. Danforth's four-page argument noted that no one from the special counsel's office has released information about their ongoing inquiry, and allowing journalists to be present for any part of it - including the infrared test - "would be a profound disservice to the cause of justice." ….. "The test and its results will not be 'shrouded in secrecy' but will be completely disclosed at trial (if not before) and in the final report of the special counsel." ......"

Waco Tribune-Herald 2/19/00 Mark England "……If shots were fired, where are the shooters? That's the question asked Friday by Bradford, who attended the St. Louis meeting where protocol was adopted for a test to determine whether an infrared video taken on the final day at Mount Carmel picked up evidence of FBI agents firing at the Davidians. ...... The Forward-Looking Infrared (FLIR) video from Mount Carmel shows repeated flashes, but no people are visible. "If there's a flash in the testing, you can't just conclude that means there was gunfire on April 19th," Bradford said. "To me, that would mean the opposite. It would indicate it's not a gun flash because you can't see a person there. There's more to be analyzed than just the flashes.". …."

Waco Tribune-Herald 2/19/00 Mark England "…… Since a FLIR camera creates video images by registering temperature differences between objects, Houston attorney Mike Caddell contends that a person lying on the ground would gradually disappear from a FLIR video as his body temperature adjusted to the environment. "No one has suggested the FBI was so stupid as to run around Mount Carmel firing weapons in an exposed, standing position," said Caddell, lead attorney for the plaintiffs. "The protocol will start out with guys in a prone position on the ground. If those people disappear from the thermal imaging after a few minutes, I think the government's got no case. What's Michael Bradford going to say then?" ……Caddell also has questioned whether the clothing worn by government agents shielded them from detection. That's why the protocol for the test calls for those firing weapons to wear Nomex flight suits, fire retardant suits and camouflage sniper garb - clothing worn by government agents on the final day at Mount Carmel. "As I understand the plaintiffs' position, the reason we don't see a person holding a gun is that the people were wearing FLIR-resistant clothing," Bradford said. "During the test, we'll have people moving around wearing clothing that the plaintiffs requested, clothing they contend is FLIR-resistant. If we can see them walking around, that will be significant. We will clearly have a different situation from one tape to another." …… "I think the test results will be clear to any objective observer," Caddell said. "Everyone but the FBI will be convinced of what happened at Mount Carmel. The only reason the FBI won't be convinced is because they're in denial. I don't think this is going to be a close call." ….."

 

DallasNews 2/28/00 Lee Hancock "…..A key FBI decision-maker wrote in late March 1993 that he feared bureau officials in Waco were lobbying to gas the Branch Davidians because the officials were tired, frustrated and under pressure from the FBI's hostage rescue team commander, documents show. Congressional officials said that memo is particularly disturbing because they have never seen it or several other internal FBI records detailing the contentious decision-making process that lead to the tear-gassing of the Branch Davidian compound. Some of those documents, which The Dallas Morning News recently obtained, show that senior FBI officials were initially deeply skeptical of their on-scene commander's insistence that tear gas was the only safe way to end the Waco standoff....... "A lot of pressure is coming from Rogers," deputy assistant FBI director Danny O. Coulson wrote in an internal FBI memo during the Waco siege on March 23, 1993. "We had similar problems in Idaho with him and he argued and convinced the SACs [local FBI special agents in charge of the incident] that Weaver would not come out. That proved to be wrong. I believe he is a significant part of the problem here." ….."

DallasNews 2/28/00 Lee Hancock "…..Tens of thousands of pages of documents on Waco have been turned over to U.S. House and Senate investigating committees. But investigators say they've received far less than half of the records requested. Senate staffers said last week that their efforts to obtain what may be key FBI records from the Branch Davidian siege, including files of the bureau's senior leaders, have been stymied…... More than five months after the subpoena was issued, House officials say, they have also been told that thousands of pages of records have been withheld because they are still under review. "We've had a subpoena out there for all relevant documents - all documents - since Sept. 7, 1999," said Mark Corallo, spokesman for the House Government Reform Committee. "Is the Department of Justice withholding only embarrassing documents from us? It makes you wonder." ……"

DallasNews 2/28/00 Lee Hancock "…..FBI officials in Waco started pushing to use tear gas to end the standoff soon after it began, records indicate. And on March 22, three weeks into the siege, FBI negotiators recommended that in writing……. The day after the negotiators' recommendation went to Washington, Mr. Coulson wrote superiors saying that he believed the request was driven by fatigue and frustration of Waco personnel and by pressure from Mr. Rogers. "All of their intelligence indicates that [sect leader] David [Koresh] does not intend suicide and that he will come out eventually," stated Mr. Coulson's memo, which congressional investigators said they have never been given by Justice or FBI officials. ….. Mr. Coulson, founder of the FBI's hostage rescue team, wrote that negotiations were being hurt by an inconsistent tactical strategy, including repeated punishment of the sect just when they appeared to be cooperating. Mr. Coulson wrote that the bureau's lead negotiators had told him personally that "in the short term we will continue to get out very small numbers, [but] in the long term we will get them all out. "Bottom line, I suggest that it is not time to ask the AG or the president for permission to assault the compound with gas," he wrote. "Progress is still being made." ……. "

DallasNews 2/28/00 Lee Hancock "…..Three days later, Mr. Jamar told FBI headquarters to that he wanted to bash the compound with 60-ton tanks. That operation and related efforts to bulldoze the sect's cars away from the area just outside the building would be part of an escalating effort to punish the Branch Davidians for not meeting surrender demands, a March 26 outline of Mr. Jamar's proposal indicated. Mr. Coulson responded with another memo, addressed to deputy FBI director Larry Potts. "Jeff wasn't sure that we had to go outside the FBI to get approval to 'nick' the building. Ha, Ha," Mr. Coulson wrote. Although the Branch Davidians' cars were moved by FBI tanks, plans to cut away siding on the front and bash two feet into the compound's gym were not carried out. ….."

DallasNews 2/28/00 Lee Hancock "…..Despite statements in FBI memos that the cars were moved to punish the Davidians, Mr. Jamar told the public, FBI negotiators and other law enforcement agencies that it was done for his agents' safety. Texas Rangers investigating the shootout that began the standoff were irate. They believed that moving the cars ruined evidence that might prove who killed four agents from the federal Bureau of Alcohol, Tobacco and Firearms during their initial Feb. 28 raid on the compound. "The Rangers thought. . . . that this had become a training exercise for the FBI and they would try almost anything that came to mind," Ranger Capt. David Byrnes said in a July 1993 FBI interview. Justice Department records show that negotiators were also outraged. The bureau's lead negotiator later characterized it as "the worst decision he's seen in 21 years with the FBI." ……"

DallasNews 2/28/00 Lee Hancock "…..FBI records show that on March 28, Mr. Jamar sent a more aggressive proposal to FBI Deputy Director Potts: he wanted full "discretion" to carry out a "mass" tear-gas assault any time in the next week because of the approach of Easter and Passover - key dates to Mr. Koresh's doomsday prophecies. But Mr. Jamar included an explicit warning: Any effort to introduce tear gas would be met by the same kind of massive gunfire that started the standoff. "It is almost certain that we will be met with violent retaliation," he wrote. Mr. Jamar apparently expected controversy. When he faxed his proposal to Washington, he included a personal note to Mr. Potts stating that some of bureau officials already "had a problem with this total approach because it doesn't give much room for the bad guys to do anything else besides 'fight.' " …… . It also challenged Mr. Jamar's argument that an all-out gassing was needed because of the danger of Branch Davidian gunfire. The memo noted that the tanks that would gas the compound could withstand even the sect's .50-caliber rifles. ….. FBI leaders said after the siege that they had to escalate the gas assault because of sect gunfire. ….."

DallasNews 2/28/00 Lee Hancock "…..In an apparent response to Mr. Jamar's request for full discretion on carrying out the plan, the notes stated that the FBI's Waco command had authority to launch an emergency operation - using gas and tanks - only if the FBI got wind that the sect was about to commit mass suicide. "[The] only thing left to the discretion of on-scene commander is the emergency response," the notes stated…….. FBI leaders, including Mr. Potts, told Congress in 1995 that Mr. Jamar acted properly when he ordered tanks to tear into the building on April 19 - even though the tear-gas plan approved by Ms. Reno called for starting the demolition of the compound only after 48 hours of gassing. Mr. Potts, who could not be reached for comment, also told Congress that he had no idea that Mr. Jamar felt certain that any use of tear gas would provoke Branch Davidian gunfire. Under the operational plan, Waco FBI commanders were allowed to escalate from a gradual gassing to an all-out gas attack only if they detected compound gunfire. Mr. Jamar testified in 1995 that he was always "99 percent certain" that any gassing would provoke gunfire, making escalation of the FBI's assault inevitable. But Mr. Potts told Congress that he "certainly didn't understand" that. "If you'd known Mr. Jamar felt that way, would you have had different advice for the attorney general?" one congressman demanded. The deputy FBI director responded: "I would've conveyed it up the line, and I think the decision-makers would have - would have had to significantly consider that." ….."

NationalPost 2/26/00 Jan Cienski "….But over the past year, the government's case has been slowly unravelling. Now there is evidence that the FBI lied about using military-issue tear gas, lied about a U.S. military presence at the siege, may have violated its procedures when it stormed the compound and may have fired at the Davidians as they tried to escape the burning compound. …… At the time, much of the United States was firmly behind the FBI. A Gallup poll found that 83% of Americans approved of the agency's actions. For most of the siege, the hundreds of reporters gathered beyond the FBI cordon were forced to rely on the agency's version of what was going on inside. Federal authorities worked hard to demonize the Davidians, admittedly not a very difficult task for a strange little group obsessed with the wilder sections of the Book of Revelation.......Any positive information, such as the videotape of Mr. Koresh playing with his family in the compound, was not released by the FBI……"

NationalPost 2/26/00 Jan Cienski "….From the first, the siege was seen by many Americans as a botched and ill-planned operation. But suspicions over the truthfulness of the FBI's version of events was limited to a militant fringe….. The Oklahoma City bombing took the air out of the militia movement and made anyone who suspected an FBI conspiracy at Waco look like a nut.. ..But the quiet consensus over what happened at Waco began to break down under the attack of two renegade researchers, Michael McNulty and David Hardy, who disbelieved the government's story…… As information about the evidence in the case began to circulate, the FBI's case began to fray….."

NationalPost 2/26/00 Jan Cienski "….The first big break was the FBI's admission last year that it had lied to Ms. Reno about the use of military issue incendiary tear gas on the final day of the siege. A grainy videotape showed agents asking for permission to use the gas and then firing canisters at a bunker on the compound grounds. The agency continues to insist that the gas had nothing to do with the fire that broke out hours later, but its credibility was weakened….. In the last couple of months, the government has suffered even more embarrassments. Documents revealed that three members of the military's elite Delta Force were on hand when the FBI stormed the compound. There is no proof that the soldiers took an active role in the operation, but again it undercuts years of FBI statements……"

NationalPost 2/26/00 Jan Cienski "….The most pressing issue now revolves around just what happened when the FBI attacked Mount Carmel. The agency has always insisted that its agents never fired into the burning compound. But an infrared videotape made by an FBI surveillance plane on the day of the attack captured what some experts say appear to be muzzle flashes. The FBI insists that the flashes are simply sunlight glinting off a metal roof. ……. If the new tape picks up traces of gunfire, the sect's contention that agents fired on them will get a big boost. As the test day neared, government lawyers acknowledged that the infrared camera the FBI used during the 1993 Waco siege can detect gunfire, a reversal of the agency's long-held position. ......"

NationalPost 2/26/00 Jan Cienski "….In yet another chink in the government case, Danny Coulson, former deputy assistant director of the FBI, acknowledged this week that sending tanks into the Branch Davidian compound was inconsistent with the Washington-approved plan for ending the siege…… "Only in the last six months are we finally getting at the truth," said Michael Caddell, a lawyer for the Branch Davidians. "Only when we got to the civil lawsuit and started taking depositions has the truth come out."…."

Freeper Ol’Dan Tucker from Carol Valentine's Waco Holocaust Electronic Museum, A Death Cult Wears Black page: "…..We now come to another practice of the US military and especially Special Operations: Body laundering, sometimes called "body washing." When Special Ops personnel die on secret and illegal missions, a problem is created for the military bureaucracy. The military cannot tell the families how the serviceman died, so the body is "laundered." That is, a cover story is invented to explain the death, and the body of the dead soldier is mutilated in such a way to corroborate the cover story. ……..Journalists Frank Greve and Ellen Warren wrote of the practice in their series which appeared in the Philadelphia Inquirer on December 16 & 17, 1984 (cited above). According to the article, during the Vietnam War, soldiers were killed while on CIA secret missions in Laos and Cambodia. "If a guy was killed on a mission, and if it was sensitive politically, we'd ship the body back home and have a jeep roll over on him at Fort Huachuca," one former officer told the two Knight-Ridder writers. Ft. Huachuca is a covert operations base in Arizona. ……"Or," the former officer said, "we'd arrange a chopper crash, or wait until one happened and insert a body or two into the wreckage later. It's not that difficult." …….. "If I'm on one of these missions that's deep, deep black, you can safely bet few, if any, in Congress--maybe not even the secretary of defense--knows about what the hell I'm doing," says a black operative. "And if I get killed and my body's fortunate enough to be recovered, you can also bet I'll turn up dead in a car wreck in some place like Munich or Berlin." (Insight Magazine, January 29, 1996, Secrecy Shrouds Spy Deaths.)……"

newsmax.com 3/10/00 "……[David] Keys, a 17-year veteran of the Texas Department of Public Safety, said that about 4 p.m. on April 19, over an hour before Texas Rangers took possession of the Mt. Carmel site, his superiors ordered him to permit a white van to enter the area "to pick up a body," according to James Brannon, an attorney for the plaintiffs. The trooper said he saw an empty body bag inside the van. …. When the white van left the compound, Keys said he saw the body bag containing what looked like the shape of a corpse, Brannon said. "The van that Keys saw could only have been kept secret, at that level, by the military," Brannon told reporters. "If somebody was killed, they could just say that he was killed in a training accident. It's a mystery who it was and we're waiting for somebody in the government to tell us." ……"Keys also says that he saw something as big as a door being loaded into a U-Haul truck. One of the doors from Mount Carmel has been missing since the day of the fire - the door that might prove that during the Feb. 28 raid, the ATF fired first," Brannon added. …..Keys also testified that earlier on April 19, 1993, while he was at the DPS Waco commando center, he overheard an FBI agent say that a "firefight" was under way at the back of the Mount Carmel compound, Brannon said. …."

St. Louis Post Dispatch 3/11/00 William Freivogel Terry Ganey "…..A federal judge has closed the March 19 re-enactment of the conditions of the Waco siege, stating that the press has no First Amendment right to access to such pretrial scientific tests. U.S. District Judge Walter S. Smith Jr. rejected attempts by the Post-Dispatch, New York Times, Dallas Morning News and The Associated Press to obtain access to the test at Fort Hood, Texas……..The news organizations maintained that closing the test interfered with their First Amendment right to gather news and undermined the credibility of Danforth's investigation by "shrouding" it in secrecy. They also pointed out that the test was being conducted as part of the wrongful death suit filed by the Branch Davidians against the government and that neither of those parties objected to the presence of a press pool. Judge Smith said he was denying the media request for "legal and practical" reasons. The practical reasons were security and safety. He said the viewing area for the test is small and that military should not be "responsible for assuring the safety of more civilians than necessary." The parties to the lawsuit, Danforth's staff and members of Congress will be allowed to attend. The judge likened the re-enactment to other pretrial tests that are closed to the press and public, such as autopsies, DNA tests and lie detectors. He also likened the test to a "crime scene" and said denying the press access would reduce the "likelihood of any type of spurious test results." ……"

San Antonio Express-News 3/8/00 Dick Reavis "……A Texas state trooper who stood guard as the flames were subsiding April 19, 1993, at Mount Carmel, told lawyers Wednesday that he saw a cargo van enter the property and leave carrying a body bag, that a rental truck spirited debris away from the scene and that he heard FBI agents discussing a gunfight. Sgt. David Keys, a 17-year veteran of the Texas Department of Public Safety, provided details of his observations in a Waco deposition for attorneys in a wrongful death suit that Davidian survivors have filed against the federal government. Keys told the lawyers that, at about 4 p.m. on April 19, some two hours before Texas Rangers took custody of Mount Carmel from FBI agents, he was told by Texas DPS personnel he should allow a white mini-cargo van to enter Mount Carmel "to pick up a body," plaintiff's attorney James Brannon reported. ….."

San Antonio Express-News 3/8/00 Dick Reavis "……Keys also said that when the van left the site, he looked inside and saw a body bag with a shape that could have been that of a corpse. "The van that Keys saw could only have been kept secret, at that level, by the military," Brannon declared following the testimony. "If somebody was killed, they could just say that he was killed in a training accident. It's a mystery who it was and we're waiting for somebody in the government to tell us." The van, Brannon said, never has been mentioned in hearings and inquiries into Mount Carmel. ….."

San Antonio Express-News 3/8/00 Dick Reavis "…"Keys also says that he also saw something as big as a door being loaded into a U-Haul truck. One of the doors from Mount Carmel has been missing since the day of the fire - the door that might prove that during the Feb. 28 raid, the ATF fired first," Brannon said. Testimony in the 1994 San Antonio trial of 11 Branch Davidians established that one of Mount Carmel's twin front doors was missing; the other was entered into evidence in the trial. The missing door, defense lawyers insisted, would show agents of the U.S. Bureau of Alcohol, Tobacco and Firearms had fired at unseen targets during the raid….."

San Antonio Express-News 3/8/00 Dick Reavis "…According to Brannon, Keys also testified that earlier on April 19, 1993, while Keys was at the DPS Waco commando center, he overhead an FBI agent who said that a "firefight" was under way at the back of the Mount Carmel compound. …….. Keys, who has not testified in the Waco matter before, told Brannon and government attorneys that he observed the van and the rental truck between 3 and 5 p.m., more than an hour before Rangers took custody of the scene….."

Freeper yaya123 3/9/00 "…..Is this Dick Reavis the same as author: "The Ashes of Waco : An Investigation by Dick J. Reavis "About the Author DICK J. REAVIS was a 1990 Nieman Fellow in Journalism. He has been a Senior Editor of Texas Monthly, a reporter for the Dallas Observer, and a Business Correspondent for the San Antonio Light, and has written for numerous other publications. He is also the author of several books, including Conversations with Moctezuma and Fodor's Texas. He lives in Dallas. " Editorial Reviews Amazon.com Book Description …….This is the story the daily press didn't give us, the definitive book about what happened at Mt. Carmel, near Waco, Texas, examined from both sides-the Bureau of Alcohol, Tobacco and Firearms (ATF) and the FBI on one hand, and David Koresh and his followers on the other. Dick J. Reavis points out that the government had little reason to investigate Koresh and even less to raid the compound at Mt. Carmel. The government lied to the public about most of what happened - about who fired the first shots, about drug allegations, about child abuse. The FBI was duplicitous and negligent in gassing Mt. Cannel - and that alone could have started the fire that killed seventy-six people…….Drawing on interviews with survivors of Koresh's movement (which dates back to 1935, long before Koresh was born), on published accounts, on trial transcripts, on esoteric religious tracts and audiotapes that tell us who Koresh was and why people followed him, and most of all on secret documents that the government has not released to the public yet, Reavis has uncovered the real story from beginning to end, including the trial that followed. It is a story about the very American, nineteenth-century roots of Koresh's theology, and it includes previously unpublished biographical details. Reavis quotes from Koresh himself at great length to create an extraordinary portrait of a movement, an assault, and an avoidable tragedy." …."

St. Louis Post-Dispatch 3/10/00 Terry Ganey And William H . Freivogel "…..When Mike Caddell agreed to represent survivors of the government siege on the Branch Davidian compound in Waco, Texas, few thought he had much of a chance to win his suit. But the Houston lawyer has managed to punch holes in the goverment's defense as the case approaches trial. His motive? Finding the truth, he says……. he was a big campaign contributor to President Bill Clinton. And didn't the Clinton administration supervise the siege that left about 80 Branch Davidians dead? Wasn't it Clinton's Justice Department that blocked attempts to get information about Waco? If there were doubters -- and Caddell says there were -- they have been silenced by the fact that he has taken the Branch Davidians' wrongful death case further than any of his colleagues thought possible when it was filed six years ago. Last July 1, he cleared a big obstacle when U.S. District Judge Walter Smith Jr. agreed to let some parts of the case proceed………"

St. Louis Post-Dispatch 3/10/00 Terry Ganey And William H . Freivogel "…..In December, Texas Lawyer magazine named Caddell as the lawyer with the most impact in Texas last year. The magazine said Caddell's persistence in the Branch Davidian case had done what a criminal trial and congressional hearings had not: punched a hole in the government's defense of its actions at Waco. Caddell stands about 5 feet 8 inches in his black boots. His brown hair is trimmed just above the collar. Boyish, but not cowboyish, he's passionate when he talks about his clients, who these days are the Branch Davidians. "People take him at his word, and they don't do that with a lot of lawyers in Texas," said one observer of the Texas legal scene. ……."

St. Louis Post-Dispatch 3/10/00 Terry Ganey And William H . Freivogel "…..Caddell got the wrongful death civil case with the help of Richard DeGuerin, Koresh's lawyer. When Caddell picked up the civil case, 11 of the sect's survivors faced murder and conspiracy charges in a federal criminal case. Seven were convicted of lesser charges ranging from voluntary manslaughter to weapons violations. Representing the Davidians against the government was not popular in Texas. When the case against the government was filed in 1994, the public's perception of what happened at Waco reflected the government's explanations. "The general public believed the Davidians were nothing but a bunch of religious nuts and child molesters who needed killing," DeGuerin said. "It wasn't easy to find a lawyer . . . "

St. Louis Post-Dispatch 3/10/00 Terry Ganey And William H . Freivogel "…..Caddell thinks he will recover money for his clients but acknowledges that "there will be significant liability allocated to the Branch Davidian leadership for what happened at Mount Carmel. "Not everything you do can be about money," he says. "We take cases we believe in." The suit alleges that government wrongdoing and recklessness contributed to the loss of lives at Waco. Caddell said a guiding principle he has tried to follow since getting the case has been to put to rest as many conspiracy theories as possible. He said he suspected the Branch Davidians may have started the fire, "but the government could be culpable in precipitating or accelerating the fire or failing to take steps to stop the fire or impeding the escape from the fire." He said he first found it hard to believe that government agents fired guns but was convinced by flashes on the infrared tape recorded on the last day of the siege. "At the end of the day we are going to convince Judge Smith of that," Caddell predicted……"

St. Louis Post-Dispatch 3/10/00 Terry Ganey And William H . Freivogel "….."This case, by its nature, has drawn a lot of people who we might characterize as being on the fringe," Caddell said. "I wanted Danforth to know that here was someone who had some credibility. I didn't want him to come in and think this is someone who is a conspiracy theorist." Caddell says credibility is a lawyer's most valuable asset. He believes the government's credibility has slipped with Judge Smith and the public due to shifts in its positions………Caddell has a photo of himself with Clinton, who is wearing a University of Virginia T-shirt Caddell had given him. On the back of the shirt is a statement by the school's founder, Thomas Jefferson: "For here we are not afraid to follow truth wherever it will lead nor to any error so long as reason is left free to combat it." Records show that since Clinton first ran for president in 1991, Caddell has contributed more than $150,000 to his campaigns or to the Democratic National Committee, a source for soft money for all Democratic candidates. In 1997, the National Center for Responsive Politics ranked Caddell's law firm at 106 among the nation's top 400 contributors to Democrats. Caddell has been a guest for coffee at the White House. ….."

Dallas Morning News 3/9/00 Lee Hancock "…..Former FBI hostage rescue team commander Dick Rogers said in a recent deposition that he probably would've brought in armored firefighting equipment to the Branch Davidian siege if he'd known it existed, a court pleading stated Wednesday. ……. The deposition excerpts in Wednesday's court pleading focused on Mr. Rogers' recollections about deciding not to respond to any fire at the Davidian compound. The filing included none of his testimony about whether his agents fired guns on April 19. Under court rules, the deposition transcript will remain under court seal until early next month……. Ms. Reno told Congress after the siege that she directed FBI officials to have adequate emergency equipment lined up before the April 19 assault. A plaintiff's pleading filed last week noted that a deputy assistant FBI director said in a recent deposition that he understood that the attorney general's order included fire equipment. ...... In Wednesday's filing, Mr. Caddell stated that Mr. Rogers confirmed that he and Mr. Jamar decided "there would be no plan to fight a fire should one develop." But the former hostage rescue team commander said "he would have acted 'differently' if he had understood" that Ms. Reno's order included making adequate provision for fire equipment. Mr. Rogers said inquiries were made about armored firefighting equipment, but he was told "there was no such thing." The pleading stated that Mr. Rogers said he " 'probably would have had it brought out' if he'd known it had existed." …….. "

Dallas Morning News 3/9/00 Lee Hancock "…..The Branch Davidians' Wednesday pleading also argued that another FBI agent's recent deposition supported the sect's contention that the government's actions could have sparked some of the fires. Plaintiff's attorneys said that a hostage rescue team member testified last week that his armored vehicle and another Bradley fighting vehicle were each stocked with 10 pyrotechnic military gas rounds that day. Agents in the vehicles repeatedly fired tear gas canisters at the compound during the final assault…….. But Wednesday's motion by the sect's lawyers noted that the hostage rescue team member testified that he heard a colleague tell an FBI lawyer earlier this year that he had fired three rounds into the kitchen of the compound just before the building caught fire. The HRT member testified that his colleague also told the lawyer with the FBI's Congressional Affairs Office that he saw puffs of white smoke rise from that same area about 30 seconds after he fired. Military gas rounds used by the FBI burn for about 20 to 30 seconds after being fired to expel tear gas in a cloud of white smoke. ……"

Dallas Morning News 3/9/00 Lee Hancock "…..Also Wednesday, Mr. Caddell asked U.S. District Judge Walter Smith to fine the Justice Department $50,000 for violating his Jan. 15 deadline for handing over all government documents in the wrongful-death lawsuit. That motion noted that 80 percent of the 163,500 pages of records that have been turned over by the government did not come until after the court's discovery deadlines, and some have continued to arrive as late as March 3. ......"

Dallas News 3/6/00 Lee Hancock "…..Retired FBI Agent Peter Smerick, whose psychological profiles were termed the best predictors of the Waco tragedy by experts and negotiators involved in the siege, told FBI interviewers that he believed "the FBI misled the attorney general by giving her 'a slanted view of the operation' in Waco." A 1995 report obtained by The Dallas Morning News says that Mr. Smerick blamed FBI headquarters for convincing the attorney general that using tear gas was the only way to end the standoff peacefully. …… He said that he and one of the FBI's top negotiators had by then "concluded that the best strategy would have been to convert the Branch Davidian compound into a prison and simply announce to [sect leader David] Koresh that he was in the custody of the United States. This idea was not endorsed, however." "Smerick speculated that FBI headquarters viewed this option as one which would have caused them to 'lose face' and therefore was unacceptable," the report said…….The 15-page FBI report of Mr. Smerick's interview, written by the FBI general counsel's office, is labeled "attorney-client privileged and confidential." It has never before been made public, and lawyers representing the Branch Davidians in a federal wrongful-death lawsuit say they have never seen the document despite repeated requests for such information. ….. "

Dallas News 3/6/00 Lee Hancock "…..The report states that Mr. Smerick based his allegation that Ms. Reno was misled on the fact that his five Waco profiling memos were not in the "briefing book" that FBI leaders gave her when they began lobbying her on April 12 to approve using tear gas. Those memos warned that using force against the Branch Davidians would intensify a "bunker mentality" in which "they would rather die than surrender." Mr. Smerick's memos also warned that the sect considered its home "sacred ground" and would "fight back to the death" if the authorities tried to go in. "The bottom line is that we can always resort to tactical pressure, but it should be the absolute last option we should consider," one memo said. Two of the most experienced negotiators in Waco, including the current head of FBI negotiations and crisis management, said in recent depositions that they agreed with Mr. Smerick's assessments and recommendations in Waco. Both testified that they shared his belief that punitive FBI tactics and impatience killed negotiations and kept many Branch Davidians from leaving before the final day. ….."

Dallas News 3/6/00 Lee Hancock "…..Mr. Smerick's memos were so adamant about the danger of using force that they drew intense criticism from FBI leaders in Waco and Washington who favored tactical options, FBI records show. An administrative notebook kept by the hostage rescue team in Waco belittled his profiling of Mr. Koresh. One unsigned note in the notebook outlined Mr. Smerick's recommendations for ensuring "safety of children who are victims," and "facilitat[ing] peaceful surrender." It concluded: "psychological profile of a . . . [expletive] by jerks." …….. On March 9, Mr. Smerick told FBI interviewers, he was called by his boss in Washington and told that his future memos must go to Washington before being read by commanders in Waco. …… Although no one plainly stated that he would be censored, Mr. Smerick said in 1995, he felt unmistakable pressure to change his advice. He added in the confidential interview that he believed that "the traditionally independent process of FBI criminal analysis . . . was compromised at Waco." ……"

Dallas News 3/6/00 Lee Hancock "…..Mr. Smerick told interviewers that he quit writing after submitting an "acquiescent" final memo that omitted previous cautions against pushing the sect and incorporated suggestions from his Washington boss for tactical pressure……… Ms. Reno initially balked at the tear-gas plan. On April 16, she asked senior FBI and Justice officials to prepare an annotated report explaining the situation in Waco and the need for a tactical resolution. FBI headquarters immediately sent a detailed request to Texas seeking "specific documentation to support our position" that tear gas was the only option. The request outlined how the information would be used to argue against waiting out the sect. The request also stated the FBI's plan for addressing questions about negotiations in the report to the attorney general: "The universal assessment of all involved - including FBI and outside consultants: that negotiation would not work," the internal memo says. …….. The resulting report, presented to Ms. Reno on the evening of April 17, does not mention Mr. Smerick's behavioral memos. The report said nothing about repeated complaints from him and top negotiators that their efforts to coax sect members out were working until negotiations were derailed by intimidating FBI tactics. The report also said nothing about their warnings that using tanks or other force against the Branch Davidians would cause violence and death. Instead, the final report to Ms. Reno offered a terse assessment of the Waco negotiations: "Since negotiations began on Feb. 28, 1993, despite 51 days of efforts, the negotiators have concluded that they have not been able to successfully negotiate a single item with Koresh." ……"

Dallas News 3/6/00 Lee Hancock "…..After seeing the briefing book presented to the attorney general, the report on Mr. Smerick's 1995 FBI interview said, "Smerick speculated that the preparers selectively incorporated memoranda and evidence from the case which selectively supported the tactical step of tear-gas insertion." "He feels compelled to present the foregoing information for the Bureau's consideration and deliberation in an attempt to prevent similar outcomes in future hostage situations," the report said. "Smerick explained that if he is called to testify at any official public hearings regarding this matter, he will present the facts in a fashion as favorable to the FBI as possible." Two months after his confidential FBI interview, Mr. Smerick was a witness in congressional Waco hearings. He discussed his memos briefly but offered none of the intense criticisms that he voiced in his FBI interview……."

Dallas News 3/6/00 Lee Hancock "…..Mr. Smerick and some top negotiators did offer highly critical statements to Justice interviewers after the siege, but most details of those complaints were omitted from the review, internal Justice memos show. Internal FBI records show that reports from other interviews conducted by the FBI for the 1993 review, including earlier interviews with Mr. Smerick, were edited to remove critical or controversial statements that might reflect negatively on the FBI's efforts in Waco. In his 1995 FBI interview, Mr. Smerick voiced concerns about the objectivity and accuracy of the Justice review. He complained that he had been shut out of presentations to a panel of outside experts that the Justice Department asked to help with the review in the summer of 1993. Mr. Smerick said he was excluded from initial meetings with the panel and talked with them only because he barged in uninvited to a final meeting. "He walked into the meeting room unannounced and requested to speak to the panel . . . and gave them copies of the memoranda he had authored," the 1995 FBI report said. Mr. Smerick added that the agents there were so displeased "that they would not speak to him afterwards." ……"

Dallas News 3/6/00 Lee Hancock "…..The panel of experts recommended that select FBI regional leaders receive intensive training in crisis management, including behavioral-science training. The recommendation prompted a new FBI crisis-training program. But Mr. Smerick told FBI lawyers in 1995 that he and other Waco behavioral experts and negotiators were excluded from classes detailing what happened in the Branch Davidian standoff. Instead, he noted in his 1995 interview, only the two FBI commanders who led the operation in Waco - both vocal advocates of aggressive tactics against the sect - were asked to brief the FBI classes. "Smerick explained that he finds this very troubling because these [leaders] should have been advised as to what actually happened at Waco from a behavioral-science perspective," the report on the interview said. "Smerick concluded the interview by noting that he has always been loyal to the FBI and will continue to be loyal. He advised that he is providing the foregoing information for in-house edification, not to publicly criticize the FBI." ......"

CBSNEWS.com 3/6/00 "….. The FBI gained Attorney General Janet Reno's approval to use tear gas at the Branch Davidian siege by providing misleading or incomplete data, according to The Dallas Morning News. …….. Peter Smerick, a retired agent whose psychological profiles were termed the best predictors of the 1993 Branch Davidians' deaths by negotiators involved in the 51-day siege, told agency interviewers that he believed "the FBI misled the attorney general by giving her 'a slanted view of the operation' in Waco." Smerick, in the 1995 report obtained by the newspaper, blamed FBI headquarters for convincing the attorney general that using tear gas was the only means to peacefully end the standoff....... Lawyers representing the Branch Davidians in a federal wrongful death lawsuit said they have not seen the 15-page FBI report, written by the agency's general counsel's office, and labeled "attorney-client privileged and confidential." Five profiling memos, warning that using force against the sect would intensify a "bunker mentality" in which "they would rather die than surrender," were not in the briefing book that FBI leaders gave Reno when they started lobbying her on April 12, 1993 to approve using tear gas. Seven days later, Branch Davidian leader David Koresh and about 80 of his followers died as the compound burned……"

Dallas Morning News 3/5/00 Lee Hancock "….. Crime-scene records, videos and photographs from the Branch Davidian siege call into question the FBI's account of where, when and how many pyrotechnic tear gas rounds were fired by its hostage rescue team at the end of the 1993 standoff, investigators say. The Texas Rangers completed a lengthy final report last month on efforts to identify questioned evidence from the standoff and locate a pyrotechnic tear gas projectile that disappeared in 1993 after it was photographed by a Department of Public Safety photographer. The photographer's field notes show the projectile was "located about 200 yards northwest of the [compound water] tower," the Rangers report states. That means the device probably was fired from behind the building, and not from the area where FBI officials have previously said that only two such devices were launched that day, said investigators involved in the ongoing inquiries. ….."

Dallas Morning News 3/5/00 Lee Hancock "….. Based on the accounts from some FBI agents involved in the Waco operation and commercial television footage of the April 19 tear gas assault, investigators say they are also questioning whether hostage rescue team members may have fired pyrotechnic gas rounds on April 19, 1993, at a time far later than previously acknowledged. One investigator also says the appearance of distinctive white smoke characteristic of M-651 pyrotechnic tear gas grenades on video shot by a Waco television station about 12:09 p.m. suggests that one of the rounds might have been fired as the sect's compound began burning. "With all that we are seeing, it seems quite probable that the HRT fired more pyrotechnic rounds than they've ever fessed up to," said the investigator. "You have to remember: They were running out of tear gas that day." …..Congressional committees and the office of Waco special counsel John C. Danforth are looking into the matter with the Rangers' help……"

Dallas Morning News 3/5/00 Lee Hancock "….. M-651 grenades burn a 20- to 30-second pyrotechnic charge to release a cloud of CS tear gas. The devices emit a distinctive white smoke while burning and are described in U.S. military manuals as being capable of sparking fires. …….. Texas Rangers began their own inquiry early last summer. They were brought in to help investigate the Waco case just after it began and were asked by the Justice Department to retain custody of all key physical evidence after a 1994 criminal trial. After years of denying all public requests for access to that evidence, federal authorities told the Rangers in 1998 that it could be viewed by an independent filmmaker. That filmmaker, Mike McNulty of Fort Collins, Colo., told Rangers after being shown the evidence that one key item was missing: a spent gray projectile with a shiny brass top and a red stripe. The item had been photographed by a DPS photographer, but it was never turned in or entered into the Rangers' computerized evidence logs. The Rangers launched an investigation to learn what the projectile in the picture might be and what happened to it. They also began trying to identify a 40-mm casing that was found in their collection of Waco evidence. They were nearing a conclusion last August that the photo showed a spent M-651 pyrotechnic round and that the casing was also from a M-651 grenade when the former FBI official publicly admitted that several of the devices had been fired. The Rangers searched through tons of stored evidence in Waco late last fall but never found the missing round. "It's the only item that any one can think of that was photographed and not entered into evidence," one investigator said. "You can't help but think that somebody pocketed it." ….."

Dallas Morning News 3/5/00 Lee Hancock "….. But the Rangers were able to determine more about where the missing projectile was photographed after a federal judge in Waco told the FBI last September that all Waco negatives and accompanying field notes from DPS photographers must be returned to Texas. The bureau had previously responded to DPS requests by sending a partial set of prints of the DPS crime scene photographs to Austin, officials in Texas said. After gaining access to their DPS field notes, the Rangers' February report states, their photographer determined that he photographed the projectile on April 30, 1993, in an area in front of the compound. Investigators say that location suggests that the device was fired from the back side of the compound toward the building. They say they have doubts about the FBI's claims that M-651s were shot only twice at the underground bunker and were aimed away from the compound because the spent M-651 photographed by DPS was found well behind where bureau officials said their agent fired. ……."

Dallas Morning News 3/5/00 Lee Hancock "….. By that time, FBI agents in the Bradleys had fired almost all of the 400-round supply of non-flammable ferret rounds brought to Waco for the assault, records show. Notes found last fall at the hostage rescue team's headquarters in Quantico, Va., state that each of the Bradleys used by the FBI in Waco was stocked with M-651 rounds. Notes from a prosecutor's interviews with hostage rescue team agents in the fall of 1993 stated that one agent stationed behind the compound saw "white smoke" coming from the compound kitchen just after noon, and it appeared less than 30 seconds after another agent fired three rounds of gas into the kitchen. The interview notes indicate that the agent who fired those three rounds was the same team member who fired several M-651 rounds at the underground bunker. Video footage recorded by Waco television station KWTX at about 12:09 p.m., just after the compound fire began, shows wisps of white smoke moving low to the ground from the side to the front of the compound. That smoke is similar to the white plumes that appeared in an area where FBI agents fired pyrotechnic tear gas grenades at that area earlier in the day. A CBS television crew recorded video footage of the agents opening a Bradley hatch to fire that M-651 and the appearance of billowing white smoke where that device landed. One investigator said the appearance of similar white smoke after noon raises concerns because it is strikingly different from the black smoke rising from the burning building. He said it is also being looked at closely because it appeared well before the fire became hot and big enough to spread to the ground surrounding the building. ......"

Dallas Morning News 3/5/00 Lee Hancock "….. The discovery of a melted mass of bluish plastic among the evidence inventoried last November by the Rangers and investigators from Mr. Danforth's office fuels additional uncertainty about how the FBI deployed tear gas on April 19, an investigator said. The plastic is about the size and weight of one of the non-pyrotechnic ferret rounds used by the FBI. Those rounds have blue tips on milky white bodies, and the blob of plastic is an identical shade of blue, the investigator said. It was recovered from the bunker deep within the compound where many Branch Davidian women and children went for shelter from the gas attack and later died. If the plastic came from a ferret round, the investigator said, the device either had to be fired at relatively close range into the bunker or carried in by a Branch Davidian. The investigator called the second prospect unlikely because the ferret round would have been coated by the same CS powder that it had expelled on impact, and picking up anything contaminated with that powder would have would caused intense skin irritation. "It needs to be analyzed to see if the plastic matches the plastic used in manufacture of ferret rounds," the investigator said. The February report by the Texas Rangers noted that the one roll of DPS crime scene film that was not returned last fall by the FBI was a roll taken inside the bunker. "With the magnitude of what was pulled out of there, you'd expect maybe to see something like a bullet might turn up missing. But a big projectile? That's unusual," another investigator in Texas said. "A roll of film? That's weird. Remember that was taken where all the bodies were, inside the bunker. Who knows what it means, but having it come up missing? It doesn't make sense." …."

St. Louis Post Dispatch 3/5/00 William Freivogel Terry Ganey "……No government agents are visible in the approximately 200 aerial photographs that the FBI shot of the April 19, 1993, siege of the Branch Davidian complex near Waco, Texas, according to a Post-Dispatch review of the photos. That finding lends support to the government position that none of its agents fired at the complex. The photos show no one standing in the places where the Branch Davidians claim that agents opened fire. The Branch Davidians base their gunfire claim on about 100 flashes visible on a separate, infrared surveillance tape that recorded the same area. But the photos do not answer the question definitively….. The still photos were shot by an FBI photographer in one aircraft, while the infrared tape was shot from a second FBI aircraft. ……"

St. Louis Post Dispatch 3/5/00 William Freivogel Terry Ganey "……The photos are attracting quite a bit of attention among all parties. Caddell said he plans to file a memo in court this week challenging their value as evidence. He said he had found a five- or six-minute gap between photos around 11:30 a.m. and another 10-minute gap from 11:45 a.m. to 11.55 a.m. That means that there are no photos for some key periods when flashes appear on the infrared tape. Agents could have been firing at the complex during those intervals and still not show up in the 200 FBI photos, Caddell said. Meanwhile, the Justice Department has hired a lab to compare the still photos to the infrared tape to look for matches to prove that no one was present to cause the flash, one source said. ….."

St. Louis Post Dispatch 3/5/00 William Freivogel Terry Ganey "……The still photos do not have a time signature, but the infrared tape does. A technician can estimate the time of a still photo by comparing the appearance of the complex in a photo to the appearance on the infrared tape. This comparison is easiest in the key minutes before the fire, when a converted tank was knocking down the complex's gym. Technicians can time the photo by matching the damage to the gym in the photo to the damage visible on the infrared tape. The batch of still photos came to light in January when the Post-Dispatch published one of them. That photo had been timed as having been shot either one second before or 35 seconds after a burst of flashes that appeared on the infrared film at 11:24 a.m. For that reason, it appeared to show that the flashes did not come from gunfire. Caddell says he has carefully timed that photo and that his analysis of the damage to the gym indicates it was shot more than five minutes later. Justice Department sources say, however, that they have performed their own tests and that there is no question about the 11:24 time. ….."

St. Louis Post Dispatch 3/5/00 William Freivogel Terry Ganey "……The government argues that the still photos and the infrared tapes are consistent on one important point -- just as there are no agents in the still photos, there are no shapes of bodies visible on the infrared tape. The government notes that people are visible in other parts of the 1993 infrared tapes and should show up near the flashes if there are agents firing weapons. But the Branch Davidians say the agents may have been wearing camouflage clothing that prevented their being detected. ……Caddell, the lawyer for the Branch Davidians, questions the authenticity of the still photos. He says records indicate that the original negatives of the photos may have been lost. He says that the negatives he has seen are made on the kind of paper that is used to make negatives from photos. The Justice Department denies Caddell's claim. It says that the original negatives are in the custody of the federal court in Waco, where the wrongful death trial will begin in May. ….."

Fox News 3/2/00 AP "….. Ten days before the deadly inferno at the Branch Davidian compound, the FBI told prosecutors it had no plans to battle any blazes, the Dallas Morning News reported Thursday…. In a two-page FBI summary of an April 9, 1993, briefing, Assistant U.S. Attorney LeRoy Jahn asked FBI leaders in Waco "if there was a fire truck available in case the Davidians attempted to torch the compound." A second document, described as a telephone report filed at the FBI's Washington headquarters that evening, said "there would be no plan to fight a fire should one develop in the Davidian compound," according to the News. ……."

WorldNetDaily.com 2/26/00 David Bresnahan "…… The Department of Defense has been asked to declassify thousands of secret military documents in anticipation of testimony by Attorney General Janet Reno, and possibly even President Clinton -- in a lawsuit on behalf of three children killed in the 1993 Waco Branch Davidian fire…….. The classified documents in question are already in the custody of Judge Walter Smith of the U.S. District Court for the Western District of Texas, Waco Division. Last year the judge ordered all federal agencies to give him all documents related to the Waco incident. But since thousands of pages of the military documents are marked "classified," he cannot make them available to the lawyers involved in this and other cases related to the Waco tragedy…….. Attorney James H. Brannon sent a letter to Secretary of Defense William S. Cohen and asked for declassification of the documents according to Executive Order 12958, signed by President Clinton on April 17, 1995. ……Brannon has not asked Smith to declassify the documents by court order because he must first ask the military to do it. He intends to ask for a court order if Cohen fails to grant his request…….."

WorldNetDaily.com 2/26/00 David Bresnahan "…… Brannon has already taken sworn testimony from dozens of FBI agents and three Special Forces Delta Force soldiers who participated in the government raid at Waco. Brannon said they have an "epidemic of amnesia" and don't remember anything. Additional depositions will continue until the end of March. Reno is scheduled to testify March 28, despite the fact that Brannon wanted to question her sooner. Brannon said his depositions and investigation of unclassified documents have thus far determined that FBI agents in charge deviated from the plan approved by Reno for the final assault on Mt. Carmel……"

WorldNetDaily.com 2/26/00 David Bresnahan "…… "They used 48 hours worth of gas in about three hours," Brannon said. He wants to question Reno about what happened and what went wrong. "They didn't have any difficulty saying we're going to try it this way for 48 hours. All of them knew they were going to be squirting it on little children for 48 hours. They had a gas expert, and he said 'oh, it's not going to hurt them.' But that was on the theory that it wouldn't give them (the children) permanent damage if they did it over 48 hours. He didn't say anything about what would happen if a few hours after they start they shoot every bit of gas in there -- 48 hours worth in three hours. As far as we know, he didn't express any opinions that that kind of dosage would be inconsequential as far as children were concerned," explained Brannon. "But all that comes down to: Is it okay to torture them for three hours? Is it okay to torture them for 48 hours? I don't think it's okay to torture them for one minute," said Brannon. …."

WorldNetDaily.com 2/26/00 David Bresnahan "…… "We'll ask Janet Reno for all of her contacts with the White House, with the president, and what he said, and what he did, and what he signed -- all that stuff. We'll see what we get from it. What came from the White House and why is it secret? What does it have to do with the military?" explained Brannon of his plans. When Smith asked the White House for all Waco-related documents, he was told they were covered under executive privilege. Brannon has not ruled out challenging the executive privilege claim, and may attempt to depose Clinton. ……"

WorldNetDaily.com 2/26/00 David Bresnahan "…… Brannon said there are many questions about what has been classified in the documents, but he particularly wants to know about weapons used in the assault. "So, what have they classified? Especially when we hear that the FBI has taken a clear position that they didn't shoot any guns there. And, not only that, at least one of the weapons we think was fired there is strictly a military weapon. The FBI doesn't have one. So if it was fired there we presume it was fired by military people," he said.
The letter gives a number of reasons for the need to declassify the military documents, including:
* Admitted involvement of at least 10 active-duty military personnel during the 51-day siege, and three who admit to being present the day of the fire.
* Sources who have informed Brannon that military personnel were observed with the FBI's Hostage Rescue Team during the assault.
* The congressional investigation discovered that military personnel admitted involvement with the armored vehicles used in the raid.
* A military source told Brannon that Delta Force soldiers were "pulling triggers."
* A CIA employee reported that a high-level briefing with Reno detailed plans for military involvement a month before the raid.
* The Texas Rangers conducted an investigation and told Brannon there is evidence that there were more Special Forces soldiers present at Waco than the government admits to. The Texas Rangers also believe those soldiers were involved in the assault.
* Government documents indicate there were three Delta Force soldiers in forward locations at Waco. The three Delta Force soldiers who gave testimony to Brannon claimed they were in different locations, and they firmly stated they were the only Delta Force soldiers present. ….."

WorldNetDaily.com 2/26/00 David Bresnahan "…… Brannon also points out in his letter to Cohen that the FBI and Department of Defense have not been as specific in their answers as they should be. When asked about shots fired at the Branch Davidians on April 19, 1993, the FBI responded: "No FBI agent shot, and nobody under FBI supervision/direction/control did either." The Department of Defense responded to the same question in a letter, saying, "No DoD person shot, and nobody under DoD supervision/direction/control did either, based on currently available information." Brannon pointed out to Cohen that both answers left the question open to other possibilities, raising the question about what information is not currently available...."

WorldNetDaily.com 2/26/00 David Bresnahan "…… "The number of documents dealing with the 10 admitted military personnel amounted to no more than maybe a hundred pages. The 5,000 + pages the government has CLASSIFIED certainly don't deal with these 10 soldiers. What other soldiers and activities are hidden behind that wall of secrecy?" he wrote…….. "

WorldNetDaily.com 2/26/00 David Bresnahan "…… WorldNetDaily is in receipt of a letter from the United States Special Operations Command in response to a Freedom of Information Act request seeking military documents regarding Waco. The letter explained why the military has classified some of those documents: "Portions of the documents were found to contain information concerning military plans, weapons, or operations; and vulnerabilities or capabilities or systems, installations, projects, or plans relating to the national security, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security." ….."

Associated Press 2/29/00 "……Documents obtained by a Dallas newspaper show the Federal Bureau of Investigation was concerned about its on-scene commander at the 1993 Waco siege, which turned into a fiery disaster in which dozens died. The Dallas Morning News obtained documents that show senior FBI officials at first were skeptical of the insistence by Richard Rogers, the hostage rescue-team commander, that tear gas was the only safe way to end the siege. A March, 1993, memo from the FBI's most experienced tactical expert said Mr. Rogers had prompted similar concerns in the deadly 1992 standoff at Ruby Ridge, Idaho. In that incident, an FBI sniper, under the command of Mr. Rogers, killed the wife of white supremacist Randy Weaver after Mr. Rogers relaxed bureau rules of engagement and pushed for an all-out tank and tear-gas assault on the Weavers' cabin. ……"We've had a subpoena out there for all relevant documents -- all documents -- since Sept. 7, 1999," said Mark Corallo, spokesman for the House Government Reform Committee. "Is the Department of Justice withholding only embarrassing documents from us? It makes you wonder." Mr. Coulson did not comment yesterday, while Mr. Rogers and Jeffrey Jamar, the FBI's special agent in charge of the Waco operation, have declined interview requests. ……"

The Dallas Morning News 3/2/00 Lee Hancok "….. Hours after a federal prosecutor cautioned the FBI about the need for firetrucks at the Branch Davidian compound, the bureau's Waco commanders sent a message to Washington saying they wouldn't even try to fight any blaze that broke out. FBI records show that the two exchanges occurred on April 9, 1993, as FBI leaders were finalizing plans to assault the sect's compound with tanks and tear gas....... "If the fire had been extinguished in its early stages, there probably would have been little, if any, loss of life," Mr. Kennedy's [Davidian expert] report stated. A document filed with the Branch Davidians' Wednesday motion, a two-page FBI summary of an April 9 briefing, indicated that Assistant U.S. Attorney LeRoy Jahn asked FBI leaders in Waco "if there was a firetruck available in case the Davidians attempted to torch the compound." A second document, described in the sect's motion as a phone report filed at FBI headquarters at 7:30 that evening, reported that Waco FBI leaders were sending Washington their plan for emergency medical treatment during the proposed tear gas assault. But that report added, "per . . . Rogers, there would be no plan to fight a fire should one develop in the Davidian compound." ……"

The Dallas Morning News 3/2/00 Lee Hancok "…..The one-page document detailing his April 9 report to FBI headquarters was filed under court seal. Justice Department lawyers turned that document over to the Branch Davidians' lawyers on condition that it be kept confidential and not released to the public, Wednesday's court pleading indicated. ……… The Davidians' pleadings and expert reports released Wednesday contend: The failure to obtain adequate fire fighting equipment before launching a tear gas assault violated a specific directive from the attorney general to spare no expense or effort in ensuring "an adequate emergency response." A senior FBI official recently acknowledged that Ms. Reno asked the FBI to assure that it could address fire threats at the compound. That official, retired FBI agent Danny O. Coulson, said the availability of armored fire-fighting equipnment was investigated, but it was never obtained. …… Mr. Coulson, who helped supervise the Waco siege from FBI headquarters, said the decision to send tanks into the building, which experts on both sides said contributed to the rapid spread of the fire, was inconsistent with the plan approved by Ms. Reno. ...... "

The Dallas Morning News 3/2/00 Lee Hancok "….. Mr. Kennedy's report concluded that the government's investigation, which ruled Davidians set the compound fire, was "fatally flawed." He noted it failed to follow nationalstandards, overlooked the government's possible role in the blaze and hinged on evidence "that has never been used in such fire investigations before or since." That evidence, an infrared videotape shot by an FBI airplane above the compound on April 19, does not prove "with any certainty the origin of the fire." ......"

The Dallas Morning News 3/2/00 Lee Hancok "….. Federal prosecutor's notes stated that one agent reported firing "three rounds into kitchen & at same time less than 30 sec later he saw white smoke." That agent fired military pyrotechnic tear gas rounds at a bunker near the compound in the first hours of the gas assault. Ms. Reno banned the use of any devices capable of sparking fires that day. Mr. Kennedy's report disputed conclusions of government investigators that the propellant used by FBI tanks to spray in gas was nonflammable and incapable of contributing to the fire. Mr. Kennedy said the propellant, methylene chloride, is highly flammable in vapor or mist form. He added, "there are many documented cases of fires and burn injuries fueled by methylene chloride vapors." He noted that propellant vapors "could significantly contribute fuel to the rapidly propagating flash fires reported by surviving Branch Davidians" ..."

The Dallas Morning News 3/2/00 Lee Hancok "…..A former secret service forensic recording specialist hired by the sect to analyse FBI audio and videotapes said he had found broad evidence of tampering and erasures in crucial government recordings. The expert, Steve Cain, stated that tapes of the surveillance recordings from April 19 that Justice lawyers described as originals to the Waco federal court all appeared to be copies. He said those April 19 recordings, which included what prosecutors said was the sect's fire preparations, included instances were two tapes labeled as simultaneous recordings contained noticably different "speech content." Those and other anomalies led Mr. Cain to conclude that the tapes' "reliability, authenticity and originality are in serious question and indicate that portions of these recordings have been tampered with." ……. Mr. Cain said the government's April 19 infrared recordings appear to have been altered, and the videos from the six hours before the fire contained evidence "that they have been probably edited and possibly tampered with." That evidence includes the erasure of the audio track from the infrared tape shot in the crucial hour before the fire, he said. …… The government's video tape from that period contains electronic signals suggesting the erasure all of the discussions between personnel in the plane that carried the camera and cockpit broadcasts of radio traffic between FBI agents on the ground, Mr. Cain's report stated. Although government lawyers told Judge Smith that tape was an original, Mr. Cain wrote, it appears to be a copy, "and therefore does not constitute reliable evidence." ….."

3/3/00 Judith Vinson "…..They have no families now, some no homes, and most are unemployable due to age or disabilities. When asked how they might be helped, they said they only hoped one day to have a little church in which to worship. It seemed a reasonable request considering this was America....... So far, the total from all sources has been $76,859.00. - All spent on materials. Heroic volunteers who have given their Sundays for the last twenty-four weeks have donated the labor. One American hitch hiked all the way from West Virginia to donate a week of labor. Two weeks ago, the donations stopped when the church was only 80 percent complete. The volunteers were hard pressed to finish by the dedication and memorial service planned for April 19. A call this week from donors both in Utah and in Florida informed them that their donations were no longer being accepted by Bank of America as the account was an "illegal" account…… They have now been informed that to have an account they must: Form a corporation and furnish a corporate resolution. Apply to the IRS for a 501 c 3 designation for a non profit corporation (a designation that historically is either, not granted, or requires a year or more to acquire.) Remove any reference on the web page to Bank of America by March 15, 2000 as the bank used by Rebuildthechurch.com None of the above is required by law for anyone wishing to do business with anyone in this country. ….."

3/3/00 Judith Vinson "…..When the church was started in September, there appeared a middle-aged couple with Idaho license plates….. They came every day for nine weeks getting in everyone's way as they took pictures of volunteers and car license plates for the "wealthy donor." He needed "more information" they said. When the Ku Klux Klan came to Waco, these two invited them to the site. They insisted the KKK wanted to "help." The volunteers made a hasty trip to the courthouse where the Klan was speaking to inform them they weren't welcome. Apparently it fell on deaf ears. After dark that night, three carloads of men came to the church site chanting, "burn, Baby, burn" as they threw matches from the car windows. When accused by a large group of volunteers of being informants for the FBI, the couple from Idaho admitted it. They were asked to vacate the property. The "wife" of the couple was using a knife at the time on wallboard in the museum. She pointed it at talk show host, Alex Jones as she left, saying he was, "going to die." ….."

3/3/00 Judith Vinson "…..Almost every Sunday volunteers have someone arrested. First it was a raving man, who appeared "insane?" and who was behaving in a threatening manner. He was gone for awhile, but is back as of this week. Somehow he learned the email addresses of many of the volunteers and spent a number of days crashing their email with hundreds of ranting posts. Next, there was a crazed woman who removed all her clothes, then ran naked all over the property while smashing granite monuments with a sledge hammer. A security guard managed to keep her away from the church windows. The nude woman was followed the following week by the "snake people." They are the people who worship God by handling poisonous snakes. They brought a five-foot alligator along too, for good measure. A highly regarded professional who is a high profile donor to the church was accused repeatedly on talk radio of being a pedophile which required money spent for a slander suit. A constant barrage of vile and almost hysterical comments about David Koresh goes on daily on talk radio from anonymous callers although he has been dead for seven years. ….."

7/9/99 From www.anteon.com/html/news.htm "…..Anteon Corporation has been awarded a blanket purchase agreement (BPA) by the General Services Administration's Office of Information Security to provide critical infrastructure protection services and products to all federal government agencies. The "Safeguard Program" BPA has an estimated ceiling of $250 million over a four-year period. This BPA will assist the federal government in addressing the requirements of Presidential Decision Directive 63 (PDD 63) issued on May 22, 1998…..The Anteon team will provide services and products in the following areas: critical infrastructure asset identification; vulnerability and threat assessment; readiness and contingency planning; physical infrastructure protection; cyber security and information assurance; and emergency preparedness training, exercises, and simulation. Anteon Corporation, headquartered in Fairfax, Virginia, is a technology and engineering services company supporting the federal government and commercial sectors for the past 23 years. Anteon has more than 4,000 employees in 70 offices and more than 150 client sites worldwide….."

2/8/99 "……Anteon Corporation's Vector Data Systems (VDS) is a member of a team headed by Space Imaging which was recently awarded a NIMA Omnibus Geospatial Information/Imagery Intelligence Services contract. The awarded contract covers two out of three functional areas of the Omnibus contract: Mapping and Charting; and Imagery Intelligence and Photogrammetry. Of these, VDS will be providing Imagery Intelligence and Photogrammetric services. The value of the contract is estimated at an unguaranteed maximum value of $20 million to $600 million over a five-year period. ......"

Internet 2/19/00 Ed Wolfe "….. According to the St. Louis Dispatch, John Danforth recommended to Judge Smith that a "British" company called Vector Data Systems should be the one to conduct the test and to interpret the results. VDS is reported to have former Royal Air Force pilots in it's employ, to be experts at interpreting infrared images, and most significantly, to be an "independent" expert that both the government and the Davidian lawyers can count on for impartial analysis. This is where something stinks in St. Louis……. Vector Data Systems is not a British company, and as far as this writer can determine, never was. Although it may have RAF pilots in it's employ, that would probably be due to the fact that VDS has branches in the United Kingdom, Australia and Korea in addition to it's headquarters in Alexandria, Virginia. The company was purchased in 1997 as one of the first in a string of information technology acquisitions by the Anteon Corporation. Anteon Corporation, head-quartered in Fairfax, VA is not a British company either. Although it's possible that Anteon will be using it's British subsidiary of Vector Data Systems to conduct the test and interpret it's results, it is misleading to simply state that the independent expert is "a British company." ......"

Internet 2/19/00 Ed Wolfe "….. According to Jack DeVault, author of "The Waco Whitewash," Judge Smith not only did away with the Voire Dire (jury selection by opposing attorneys) but he illegally sent a questionnaire to 300 potential jurors to weed out any that might be favorable to the defendants. The Judge told potential jurors that answering the questionnaire was not voluntary according to federal law. And yet Title 28 of the U.S. Code, Section 1869 indicates that it was the judge who was in violation of federal law. Some of the questions Judge Smith asked the potential jurors were:
27. What are your leisure time activities, interests or hobbies?
28. What is your religious affiliation or preference? (a) How often to you attend church, temple or other service? (b) How important would you say religion is in your life?
46. Have you or your spouse ever owned any type of firearm? If yes, for what purpose do you own a firearm?
47. Have you ever handled a firearm? If yes, when? For what purpose?
49. Have you ever attended a gun show? If yes, how many times?
50. Have you ever belonged to the National Rifle Association or any other organization that is concerned with protecting the right to own weapons?
51. Do you believe that persons besides law enforcement officers should be permitted to own firearms?
75. Do you belong to any organization that advocates jury nullification or advocates that members of the jury ignore the law given to you by the Judge?
These questions make sense when you consider that the entire reason for the BATF's visit to Mt. Carmel was because it was suspected that David Koresh failed to pay a tax on some of his firearms. Of the 300 people sent questionnaires, 269 of them sent back responses. From those, Judge Smith hand-picked 84 to be the pool from which the attorneys could now select the jury and alternates. ….."

St. Louis Post-Dispatch 3/2/00 William Freivogel and Terry Ganey "…… John C. Danforth's investigation of Waco appears to be focusing on Richard Rogers, the former head of the FBI's Hostage Rescue Team. That is the conclusion that some former FBI commanders at Waco have reached based on the questions that Danforth's investigators asked them during recent interviews. Other sources knowledgeable about the special counsel's investigation also believe Danforth's focus is on Rogers. ...... Over the last several months, Danforth's investigators have questioned the top FBI commanders at Waco, including Jeffrey Jamar, Bob Ricks and Richard Schwein. All answered hours of questions voluntarily and without lawyers. They were not put under oath or read their Miranda rights and they were told that no grand jury is currently involved in the Danforth investigation. Danforth's investigators wanted to know if Rogers had bullied Jamar, the special agent who was in charge at Waco. In particular, investigators wanted to know if Rogers urged Jamar to agree to aggressive tactics, including the destruction of the gym of the complex in the hour leading up to the climactic fire. Some agents responded that no one could bully Jamar. But they added one caveat: Once the tactical operation of inserting tear gas into the complex began on April 19, Rogers had complete control as head of the Hostage Rescue Team. All that Jamar could have done would have been to call off the operation......."

St. Louis Post-Dispatch 3/2/00 William Freivogel and Terry Ganey "…… Other FBI agents have generally supported Rogers and Jamar. Several say privately that Coulson never thought anyone ran the Hostage Rescue Team as well as he had. In one recently released memo from March 23, 1993 - three weeks before the assault - Coulson criticized a plan submitted by Jamar for tear-gassing the complex. Coulson wrote that "a lot of pressure is coming from Rogers." The memo recalled Rogers' role in 1992 at Ruby Ridge, Idaho, where an FBI sniper killed the wife of Randy Weaver. "We had similar problems in Idaho with him," Coulson wrote, "and he argued and convinced the (special agents in charge) that Weaver would not come out. That proved to be wrong." In 1995 testimony to Congress about the Ruby Ridge incident, Coulson testified that FBI officials had not approved the key language of the rules of engagement at Ruby Ridge - that agents "can and should" fire. Rogers added the words "and should" to the orders. Coulson said he had rejected Rogers' plan to use an armored vehicle to knock into Weaver's cabin. In a deposition last month, Coulson said the decision by Rogers and Jamar to knock into the Branch Davidians' gym with a converted tank during the last hour of the siege was a "deviation" from the plan he helped to compose……."

St. Louis Post-Dispatch 3/2/00 William Freivogel and Terry Ganey "…… Initial drafts of the tear-gassing plan said tanks would "create entrances/escape routes in the structure . . . ." But those parts of the plan were deleted. The final plan called for an incremental approach and only provided for tearing down the complex if the Branch Davidians did not surrender within 48 hours. …….. Coulson testified that Rogers and Jamar had not asked for permission to knock into the gym. And he said that knocking down the gym appeared to be "inconsistent" with the FBI announcement that was being broadcast over the loudspeaker at Waco that no assault was under way. ……"

St. Louis Post-Dispatch 3/2/00 William Freivogel and Terry Ganey "…… The Branch Davidians also cited Coulson's testimony in a legal filing on Thursday that blamed Rogers and Jamar for not having fire equipment standing by. The fire burned more than 30 minutes before fire fighting began. The Justice Department's 1993 report on Waco said Attorney General Janet Reno had not asked for fire trucks to be standing by because she was worried about an explosion, not a fire. But Michael Caddell, lawyer for the Branch Davidians, said Coulson testified that Reno had asked for all kinds of emergency vehicles. According to the record of an April 9, 1993, telephone call Jamar and Rogers made to FBI headquarters, the two decided, "There would be no plan to fight a fire should one develop in the Davidian compound." Jamar explained later that he would not have allowed fire vehicles near the complex any sooner than he did for fear of subjecting the fire fighters to Branch Davidian gunshots. But Caddell says the FBI could have obtained armored fire equipment. ......:

St. Louis Post-Dispatch 3/4/00 Terry Ganey And William H. Freivogel "…..The agent, Richard Rogers, also said he had not deviated from a plan approved by Attorney General Janet Reno when he ordered tank-driving FBI agents to ram deep into the complex during a tear gas attack.. ……. Informed sources have described Rogers as a key focus of John C. Danforth's investigation of Waco. …… Witnesses to the deposition quoted Rogers as saying that an operations plan cannot cover every contingency and that people in the field have to be able to react to conditions. The plan Reno approved called for a gradual insertion of tear gas into Mount Carmel over a two-day period. Converted tanks equipped with gas pumping booms were to punch holes into the structure. If no one surrendered, then the tanks were to begin dismantling the building. According to depositions of some tank-driving FBI agents, Rogers ordered that tanks penetrate the building less than six hours after the gas attack began. In an after-action report two days later, Rogers said that was to create openings for people to exit……. In his deposition Friday, Rogers said using tanks to penetrate to insert gas was part of the operations plan. He said he had authority to issue orders that a converted tank penetrate the structure to reach the base of a tower to clear a path for another tank to insert gas there. In the process, one of the tanks destroyed the gymnasium, which was located on the back side of the complex. Rogers, a former U.S. Army tank officer, commanded the operation from an Abrams tank about 240 yards in front of the structure. He said he could not see the gym……."

St. Louis Post-Dispatch 3/4/00 Terry Ganey And William H. Freivogel "…..During Friday's deposition, Mike Caddell, lead attorney for the Branch Davidians, asked Rogers if he had pushed the special agent in charge at Waco, Jeff Jamar, into more aggressive tactics. Rogers replied that he didn't talk anybody into anything at Ruby Ridge or at Waco. Asked about a firefighting plan, Rogers said someone had checked with the Defense Department about the availability of armored firefighting equipment and that there was none.......Jim Brannon, one of the lawyers for the Branch Davidians, contended that Rogers' testimony showed there had been no "sincere effort" to come up with a firefighting plan. "They didn't even think about putting out a fire," said Brannon, who represents the estates of three deceased children of the sect's leader, David Koresh, who also died. ……. "

St. Louis Post-Dispatch 3/4/00 Terry Ganey And William H. Freivogel "…..Brannon also disputed Rogers' claim that FBI agents were not demolishing the gym. He pointed out that FBI documents proposing to give medals to the hostage rescue team participants said they were being decorated for, among other things, demolishing the gym. Brannon said although the medals were not awarded, another FBI agent who was deposed on Thursday said that most of the FBI agents were given cash awards for their work at Waco. ….."

AP 3/3/00 Susan Parrott "……The special counsel investigating the 1993 Waco siege should not be allowed to "shroud in secrecy" a court-ordered re-enactment of aspects of the deadly standoff, several news organizations said in a federal court filing Friday. "Conducting the field test in secrecy will only increase the public's skepticism about whether all the facts surrounding the Branch Davidian raid have been completely and accurately disclosed," The Associated Press, Dallas Morning News, The New York Times and St. Louis Post-Dispatch said in their motion. The Waco Tribune-Herald also is seeking public access. The media organizations are asking the judge presiding over the Davidians' wrongful-death lawsuit against the government to open to the public a field test that is designed to answer a key question: Whether federal agents directed gunfire at the compound on April 19, 1993. …."

Waco Tribune-Herald 2/29/00 TOMMY WITHERSPOON and MARK ENGLAND "…..Houston attorney Mike Caddell asked U.S. District Judge Walter S. Smith Jr. of Waco Monday to dismiss two prominent Branch Davidians from the group's wrongful-death lawsuit against the government. Caddell, lead plaintiffs' attorney, filed a motion stating that Kathryn Schroeder and Rita Riddle do not wish to pursue the lawsuit. Also asking out were three of Schroeder's children: Scott and Christyn Mabb and Bryan Michael Schroeder, her son by Michael Schroeder, who died in the raid on Mount Carmel. He was shot by ATF agents while trying to get back to his family inside the residence. "He (Smith) has ruled that unless you have suffered significant physical injury, you have no claim for simply being there," Caddell said. "I think the other thing is that these are people who do not want to undergo the burden of some of the pretrial discovery that they would have to go through: depositions and making appearances at the trial."……."

St. Pete Times 2/28/00 Susan Aschoff "…. After seven years, Sandy Connizzo says she can finally talk without crying -- almost -- about her son Michael and how he died. Last week she was heartened to learn his autopsy file in Texas remains open. She does not want it closed until her questions about his death are answered.......,, In the seven years since Michael Schroeder died in the standoff between a religious commune and the U.S. government in Waco, Texas, the two women who loved Michael most have tried to let him go. His mother, from her home in Zephyrhills, badgers the government with questions about what happened. She hopes answers will bring her peace. His widow, in Tampa, presses forward with a family life. She believes she can outrun the past. Seven years ago today, a 29-year-old son and husband was fatally shot by law enforcement agents as he made his way across the fields toward the complex of the Branch Davidians. He was at his job at a nearby auto body shop when he heard there was trouble. Almost 100 agents of the Bureau of Alcohol, Tobacco and Firearms had arrived at the commune with a search warrant for illegal firearms, their weapons drawn. It is unclear who fired first. In the ensuing gun battle, four ATF agents and six Davidians, including Schroeder, died....... Michael was dead, the officers said. He was shot outside Mount Carmel during the raid. His body was left for four days in the gulley where it fell. Why did you leave him there? his mother asked. He was not a high priority, she said they replied. Overwhelmed with grief, she did as a judge suggested and did not view the decomposed body of her son. The ashes were shipped to Florida four months later. "I didn't get a chance to say goodbye," she says...."

CBSNEWS.com 2/28/00 "…..A memo written during the weeks-long standoff by the Branch Davidian cult in 1993 details dissent within the FBI over whether to use tear gas to end the ordeal, The Dallas Morning News reported Monday. …….. Danny O. Coulson, then deputy assistant FBI director, wrote that he feared bureau officials in Waco were lobbying to use tear gas against the Davidians because they were frustrated, tired and under pressure from the agency's hostage rescue team commander, Richard Rogers. "Bottom line, I suggest that it is not time to ask the (attorney general) or the president for permission to assault the compound with gas," he wrote. "Progress is still being made." ...... Rogers was the agency's on-scene commander in Waco and also had a key role in the deadly 1992 standoff at Ruby Ridge, Idaho. In Ruby Ridge, an FBI sniper under Rogers' command killed the wife of white supremacist Randy Weaver after Rogers relaxed bureau rules of engagement and pushed for an all-out tank and tear-gas assault on the Weavers' cabin. In Waco, Coulson wrote, "a lot of pressure (to use tear gas) is coming from Rogers." "We had similar problems in Idaho with him, and he argued and convinced the SACs, (the local FBI special agents in charge), that Weaver would not come out. That proved to be wrong. I believe he is a significant part of the problem here." ……. "

PBS.ORG 2/28/00 "…..On Sunday, February 28, 1993 the BATF started something they could not finish. Needing a photo op "victory" to help bolster continued budgetary support from the US Congress, BATF agents arrived at the front door of a little-known Christian group called the Branch Davidians. The Branch Davidians lived and worshipped on a small ranch, outside of Waco, Texas. Before the end of the day, the entire nation would know of the the Branch Davidians. The military-style tactics and actions of the BATF set into motion a chain of events, detailed in PBS Frontline's Waco Timeline, that would lead to the fiery death of over seventy, INNOCENT men, women and children. To this day, officials at the Department of Justice, Department of the Treasury, BATF and FBI admit no wrongdoing. Not one federal official or employee has been brought forward to face criminal charges related to the Waco matter. …."

 

St. Louis Post-Dispatch 3/13/00 Terry Ganey "….. The Branch Davidians' main lawyer is dropping the claim that FBI sniper Lon Horiuchi fired at the Branch Davidians during the 1993 Waco siege. Forensic experts concluded that 35 shell casings found at Horiuchi's sniper post did not come from his rifle. Instead, the casings came from weapons used by agents of the Bureau of Alcohol, Tobacco and Firearms (ATF) during the initial gunfight with the Branch Davidians on Feb. 28, 1993 - 51 days before Horiuchi was alleged to have fired. …….. He said the action "in no way undermines or alters our strong belief that government agents...directed gunfire at the back of Mt. Carmel…….. Horiuchi's role at Waco was scrutinized because he had fired the shot that killed the wife of Randy Weaver during the Ruby Ridge, Idaho standoff in 1992. That scrutiny intensified with the discovery of an after-action report by FBI agent Charles Riley, who was quoted as saying he heard gunshots from Horiuchi's Sierra One sniper position at Waco. Riley later explained that the report had been wrong - that he had heard Horiuchi say the Branch Davidians were firing. Seven other FBI agents swore Horiuchi had not fired. ……."

St. Louis Post-Dispatch 3/26/00 Terry Ganey "…… A Justice Department official said Friday that he did not believe Danforth's investigators had questioned Reno so far about her role………. Mike Caddell, the lead lawyer for the survivors, and Jim Brannon, who represents the estates of three deceased children of sect leader David Koresh, will question Reno about how much authority she gave her FBI commanders at the scene. ……… Caddell said last week that Jamar and Rogers were frustrated because the Davidians were not surrendering. He said they accelerated Reno's plan, ordering the tanks to destroy the complex. "I will be stunned if the attorney general says they had the implied authority to do what they did," Caddell said…….. Tuesday's deposition will focus on various eviction plans proposed by the FBI and how they were refined up until the final plan. Early versions were more aggressive than what Reno approved. According to motions filed by Caddell, Reno never approved a plan for tanks to crush into the building, only to use the booms to punch holes for tear gas to be inserted. Of particular interest to the plaintiffs' lawyers will be what Reno meant when she told Congress that she wanted the FBI to have "additional resources" on hand to ensure that there was "an adequate emergency response." …….. Reno will also be asked what consideration was given to the potential effects of tear gas on children before the decision was made to go ahead with the eviction plan. And she will be questioned about why she denied for years that fire-causing tear gas rounds were used in the assault, only to change her position last summer………Judge Walter Smith Jr. has limited the deposition to two hours in response to a motion from Justice Department lawyers who said there were heavy demands on Reno's time and that two hours would be adequate. ......"

Capital Hill Blue & AP 3/24/00 Michelle Mittelstadt "……A federal judge on Friday granted the Justice Department's request to limit the duration of questioning that Attorney General Janet Reno will face next week from lawyers for Branch Davidians who are suing the government over the 1993 Waco siege. In a brief order, U.S. District Judge Walter Smith of Waco said the Justice Department's request, filed a day earlier, ``has merit and should be granted.'' …….. The judge, who is presiding over the Davidians' wrongful-death civil suit, accepted the government's bid to limit Reno's deposition Tuesday in Washington to two hours. ………. The plaintiffs' lead counsel, Michael Caddell, agreed to the time limitation. But a second Davidian lawyer, Jim Brannon, rejected the request, describing it as ``wholly unreasonable.'' ``You just don't tell a lawyer that he cannot cross-examine a witness,'' Brannon said Thursday. ``Not if you're seeking justice.'' ………. "

drudge 3/23/00 "……… The Justice Department wants U.S. District Judge Walter Smith to limit attorneys for Branch Davidian survivors to two hours of questioning of U.S. Attorney General Janet Reno next Tuesday. …….. Reno is set to be deposed in the wrongful-death lawsuit filed against the government -- but both sides are fighting over the ground rules. "There is good cause for limiting the attorney general's deposition to two hours because the national interest requires that she be protected from any undue burden on her ability to perform her governmental duties," a Justice argued in court papers filed on Thursday. "Cabinet officers and agency heads have greater duties and time constraints than other witnesses and therefore are not normally subject to deposition." ………

COX circuits report that Reno has agreed to be deposed "despite the heavy demands on her position."
The attitude marks a dramatic shift from Reno's position on the day of the Waco climax.
"I made the decision," the recently confirmed Reno declared at a press conference April 19, 1993, the day 86 people, including 24 children, died in a raging fire at the Branch Davidian compound. "I'm accountable," Miss Reno insisted. "The buck stops with me."
Reno also assured a congressman during sworn testimony that she was prepared to answer all questions about Waco.
Rep. CONYERS: I have more questions of you than I'll ever get time to put before...
Ms. RENO: I am prepared for as long as you would like to question me, sir. And I will come to your office.
Rep. CONYERS: We'll ask the chairman to give me some more time.
Ms. RENO: I will come to your office and be prepared to answer any question at any time that you may ever have about anything that I have ever done. ……"

The Washington Post 3/14/00 Michelle Mittelstadt "……The Branch Davidian plaintiffs who are suing the government over the 1993 Waco siege are asking a federal judge to dismiss their case against an FBI sharpshooter who is the lone named defendant in their wrongful-death lawsuit. There is "no credible evidence" that FBI sharpshooter Lon Horiuchi or his sniper team fired any shots at the Branch Davidian compound outside Waco, Texas on April 19, 1993, the plaintiffs' lead counsel said Monday. A forensic analysis of spent shell casings found at the sniper outpost occupied by Horiuchi's team indicate the bullets were "most likely" fired by agents of the Bureau of Alcohol, Tobacco and Firearms during the initial Feb. 28 gun battle that sparked the 51-day siege, lawyer Michael Caddell said. "Our investigation has determined that, while the FBI was clearly sloppy in gathering evidence following the ATF raid on February 28, there is no credible evidence that Horiuchi or other members of his sniper team fired at Mount Carmel on April 19, 1993," Caddell said. ….."

St Lois Post Dispatch 3/24/00 Terry Ganey "…….The test so aggressively sought by Branch Davidian plaintiffs to prove government wrongdoing at Waco may have produced a boost for the government's claim that no FBI agents fired guns at the Davidians' complex………One independent observer of the test who spoke on the condition of anonymity said Thursday that it appeared that the test results may help the government. A lawyer who represents some of the Branch Davidian survivors reviewed the test results Wednesday. He said it was clear to him that people showed up firing weapons during the infrared test. ……… Brannon said that the test result did not close the door on the Davidians' claim. He pointed out that technology existed in 1993 for FBI agents to be dressed in clothing that could mask the body heat detected by infrared cameras. He said there were cloaks available then that could be quickly slipped over a person, masking 99 percent of the person's heat and thus making them invisible to infrared detection. Those types of garments were not included in the test. …….. "There are times when you know there are eight shooters on that tape and you can't find any of them and there are times when you can see seven of them," Caddell said. "What you will see when you look at the tapes, the bodies are warm and visible early in the morning. They become less visible as the ground heats up." There was nearly a 20-degree difference between the temperature during the test (69 degrees) and on April 19, 1993 (85 degrees). Bradford said the difference in temperature would not have made a difference in the results. ….."

Dallas Morning News 3/25/00 Lee Hancock "….Only five days after all the hoopla at Fort Hood, lawyers on both sides in the Davidian case quietly acknowledged Friday that their experts can't tell what the court-ordered test shows without better copies of the test data. They filed a rare joint motion Friday asking U.S. District Judge Walter S. Smith of Waco to give both sides access to the actual recordings from Fort Hood because the digitally computerized copies of the test data they were given last Sunday are too poor for valid scientific analysis. That is a notable shift from Monday, when lawyers for the government and the sect each announced that the test data conclusively backed their opposing sides in the wrongful-death lawsuit arising from the 1993 Waco siege. ………… Mr. Caddell added Friday that he and lawyers for the government have "had candid conversations" since the test and have voiced shared concerns about the quality of what they got from Sunday's test. "We wouldn't have a joint motion to get with the original tapes if either side was completely happy with what we received. If either side thought that they could make their case with what they had, they wouldn't be asking for the original data," he said. Friday's motion included a lengthy statement by an FBI recording expert explaining why the computer technology used to make copies of the test recordings took out "significant" amounts of information. ………"

Dallas Morning News 3/25/00 Lee Hancock "….A British-based infrared firm appointed by Judge Smith to oversee the test took the analog videotapes recorded by two airborne infrared cameras and transferred their images to computer hard drives for both sides in the case. To make the transfer, the experts used a computer format known as MPEG-2, a format that compresses video images into relatively small digital computer files. The process is commonly used to transfer full-length movies onto DVD disks and to send video images over the Internet. "Based on my experience, I believe that a significant loss of data occurs in the transfer of data . . . and that this loss would preclude meaningful forensic analysis," wrote the FBI video specialist, Ronald L. Evans. "For scientific and forensic applications, any type of compression should always be avoided due to its effect on picture quality." …….. Mr. Caddell said computer experts advising his legal team have estimated that "a minimum of 15 to 20 percent of the data was lost and maybe more," when it was compressed from videotape to computer files. "That could be very significant. You're talking about data that's not easily seen to begin with," he said. "The flashes on the April 19 FLIR tape are not easy to see. This is not information that is readily apparent or obvious to the naked eye. When you degrade that image 15 to 20 percent, it becomes very difficult." ……"

Dallas Morning News 3/25/00 Lee Hancock "….He and others involved in the case have said they fear that the court's scientific expert, British-based Vector Data Systems Ltd., may be using similar computerized copies of the data to interpret the test. Judge Smith ordered the firm to submit a full report to the court within 30 days. ……… With better copies of the data, Mr. Caddell said he believes that he and government lawyers can agree on what the Fort Hood recording contains. "At the end of the day, there will not be a disagreement about what is visible and what is not on the tape," he said. "There will be a disagreement on how to interpret it." ……… "

AP 3/24/00 Michelle Mittelstadt "……A federal judge on Friday granted the Justice Department's request to limit the duration of questioning that Attorney General Janet Reno will face next week from lawyers for Branch Davidians who are suing the government over the 1993 Waco siege. In a brief order, U.S. District Judge Walter Smith of Waco said the Justice Department's request, filed a day earlier, ``has merit and should be granted.'' ………. In seeking the time limit, the Justice Department noted the ``heavy demands'' of Reno's job and said two hours would provide ``ample opportunity'' for questioning. The plaintiffs' lead counsel, Michael Caddell, agreed to the time limitation. But a second Davidian lawyer, Jim Brannon, rejected the request, describing it as ``wholly unreasonable.'' ``You just don't tell a lawyer that he cannot cross-examine a witness,'' Brannon said Thursday. ``Not if you're seeking justice.''….."

Tribune-Herald reprinted by World Net Daily News 3/20/00 Tommy Witherspoon "….. Representatives from law enforcement agencies around the state will be in Waco Monday for the funeral of longtime McLennan County Sheriff Jack Harwell. ……….. Harwell, sheriff since 1973, died Thursday morning at his residence in Robinson from an apparent heart attack. He was 71. ………. The service for Harwell will be at 1 p.m. Monday at First Baptist Church of Waco, which has seating capacity for 6,000 people, Simons said. Harwell served in the Navy in 1944, so military and law enforcement honor guards will participate in the service. A sheriff's department honor guard will stand watch over Harwell's body at Connally-Compton Funeral Home, 4400 W. Waco Drive, during hours of operation and during family visitation from 1 to 3 p.m. today. ......"

Star Telegram 3/20/00 Sherri Chunn "…….. Most of the weapons fired, with the exception of large-caliber weapons, didn't generate light flashes, Bradford said. Caddell, whose analysis was based on his own viewing, not his experts', said flashes were detected from at least four types of weapons. "If we didn't do anything else yesterday, we demonstrated you can sure see gunfire on the (infrared)," he said. Caddell complained about the quality of the test tape and the conditions under which it was made, saying "What we got was virtually unusable, very herky jerky. The quality is not what we had hoped for." ………. "

CBSNEWS.COM 3/20/00 "……."It clearly demonstrates that there was government gunfire at the back of Mount Carmel April 19, 1993," said Branch Davidian attorney Michael Caddell. …….. But the FBI disagrees, saying sunlight reflecting off debris recorded during the test more closely resembles the light flare on the original tape.......... "

The Dallas Morning News 3/21/00 Lee Hancock David Jackson "……. But each conceded that it may be weeks or longer before their experts complete detailed analyses of the data obtained Sunday at a closed Fort Hood firing range. ………The federal judge in the case, Walter S. Smith Jr. of Waco, weighed in with an order Monday reminding each side not to show results from the test or make copies of the test data available to anyone who is not a lawyer or an expert in the case. Even congressional investigators who were allowed to watch the three-hour test were excluded when copies of test data were distributed late Sunday to Mr. Caddell, the U.S. Department of Justice, the FBI and the office of Waco special counsel John C. Danforth. …… "The tapes are not part of the public domain," the judge wrote in a two-page order. "At an appropriate time, and after all the designated experts have had an adequate opportunity to examine the tapes, the information will be released to the public." ……. Both sides conceded that the judge's order appeared aimed at allowing a careful evaluation by their experts and by the court's own scientists before the test results become part of an already intense public debate over the government's actions in Waco. ….."

The Dallas Morning News 3/21/00 Lee Hancock David Jackson "……. "We are very pleased," Mr. Bradford said. "We believe that it confirms our position and hopefully . . . will put an end to this claim that the FBI was shooting behind the compound that day." What the test did show, he said, was that flashes could be produced on video from infrared cameras like those used at Waco by sunlight reflecting off ground debris such as aluminum, glass and other reflective materials. Mr. Caddell disputed that, arguing that he saw no such flashes from debris in his initial examination of the recordings. He told reporters that he believed flashes that did appear were caused by at least four different types of weapons, including short-barreled CAR-15 assault rifles used by the FBI's hostage rescue team. ......"

San Antonio Express News 3/19/00 Dick Reavis "…….Shortly before a barrage of weapons fire choreographed to resemble the siege at Mount Carmel sounded on an Army firing range here Sunday, a Houston lawyer outlined his theory of the Branch Davidian case: that the FBI engaged in "a small conspiracy" to make sure no one lived through the ordeal. "What happened at Waco was the result not of a big conspiracy, but a small conspiracy," Mike Caddell told reporters. "A small group took matters into their own hands." ......... On March 28 in Washington, Caddell will take testimony from U.S. Attorney General Janet Reno about whether she believes the destruction of Mount Carmel's gymnasium, and the entry of tanks into the building at other points, were part of her plan for the April 19, 1993, assault. ……. Caddell said he believes U.S. military personnel, including members of the shadowy Delta Force, did not exchange shots with Davidians. Having taken statements from three soldiers who were on assignment at Mount Carmel that day, he said, "I don't see much evidence of Delta Force involvement." ….."

New York Times 3/21/00 Jim Yardley "……The two sides in the Branch Davidian wrongful-death civil lawsuit offered starkly different conclusions today after hurriedly reviewing infrared videos taken of a unique court-ordered simulation conducted this weekend at Fort Hood in Central Texas. Perhaps not surprisingly, both sides claimed victory. …….. On Sunday, Judge Walter S. Smith Jr. of Federal District Court in Waco, who is presiding over the case, unexpectedly blocked lawyers from releasing the videos to the public. A private British company that conducted the exercise for Mr. Danforth will issue a report to the court within 30 days. Eager to influence public opinion, both sides in the civil case rushed out conflicting interpretations today. "It clearly supports the plaintiffs case," said Michael Caddell, the lead plaintiffs lawyer in the lawsuit, which claims that reckless action by federal agents caused the deaths of the Branch Davidians. He held an 11 a.m. news conference in Houston to release his preliminary finding on the videos…….. Hours earlier, however, government lawyers had been so eager to land the first public relations blow that they held a sparsely attended news conference at 2 a.m. inside a hotel near Fort Hood. "We were encouraged by what we saw and think it supports our position," said United States Attorney Mike Bradford, a lead lawyer in the case, speaking in a telephone interview early this afternoon. ……."

New York Times 3/21/00 Jim Yardley "…First, both sides agreed that the gunfire demonstration had created flashes. Mr. Caddell said there were flashes from four of the eight weapons, while Mr. Bradford said he had noticed flashes from only two of the larger weapons. Mr. Caddell said he did not yet know if the gunfire flashes from the simulation matched the flashes detected in the original April 19 tape. Neither of his two experts had examined the new videos. He said the mere presence of gunfire flashes bolstered his case because it discredited any suggestion that the tapes did not detect gunfire……"

New York Times 3/21/00 Jim Yardley "…Mr. Bradford and Mr. Caddell disagreed on whether the debris had also elicited flashes on the video. Mr. Caddell said he did not detect any flashes, though he conceded a more thorough review might show some. Mr. Bradford said F.B.I. experts detected flashes from the debris field, a finding he believes bolsters his argument that no gunfire erupted. ......"

New York Times 3/21/00 Jim Yardley "…Finally, Mr. Bradford noted that the simulation videos clearly showed images of the eight participants in the exercise, unlike the April 19 video, in which it was more difficult to detect people. Mr. Bradford argued that had F.B.I. agents been firing on the compound, they would have been clearly visible during the key moments in the original infrared tape. Mr. Caddell, however, noted the eight participants often were not visible in the videos. In some cases, he said, seven participants were visible and one was not. He said the visibility, or lack of it, depended on the ground temperature where a person was standing. ……"

newsmax.com 3/21/00 "……. Having viewed the films taken by aircraft circling the test site, the attorney for the survivors of the dead Davidians said the tapes clearly show gunfire, while the government's lawyer said it was just plain old sunlight bouncing off the glass. According to U.S. Attorney Mike Bradford, the test results "confirm our position and will put an end to the claim that the FBI was firing at the compound." ….. "It clearly demonstrates that there was government gunfire," Caddell told reporters in Houston after studying data from the test. ……… Here, according to the Dallas Morning News, is what the two sides claim were the real results of the tests:
GOVERNMENT: Two large weapons - a tripod-mounted M-60 machine gun and a Mark 19 automatic grenade launcher - produced flashes detected by FBI and British infrared test cameras. FBI agents had no Mark 19 at Waco, and their M-60 was never fired, officials say. Other weapons - including a CAR-15 assault rifle, .380-caliber sniper rifle, 9 mm pistol and 9 mm machine guns - produced no muzzle flashes caught on the test's infrared tape.
THE BRANCH DAVIDIANS: Both test cameras recorded flashes not only from the M-60 and Mark 19, but also from the CAR-15, which FBI agents say they had in Waco. Test cameras also recorded explosions of "flash-bang" distraction devices, which looked similar to flashes recorded by the FBI on April 19. The FBI has denied using flash-bangs that day even though used flash-bang cannisters were later found in the debris.

GOVERNMENT: The eight people maneuvering and shooting on the test field are clearly visible on recordings by both infrared test cameras. People sometimes fade in and out of view on the British test video.
THE BRANCH DAVIDIANS: People vanish from view - sometimes all eight, sometimes one or two - on recordings made by the British test camera.

GOVERNMENT: Flashes, or "glints," appear on test recordings made by both the FBI and British infrared cameras trained on a field of debris, including aluminum, glass, mirrors and siding.
THE BRANCH DAVIDIANS: Flashes appear from the debris field only on the recording made by the FBI test camera, not the British camera. …."

NewsMax.com 3/22/00 Stephan Archer "…… The U.S. Supreme Court is set to hear oral arguments in the Waco case on April 24, NewsMax.com has learned. Nine survivors of the Branch Davidian compound fire who were convicted of carrying machine guns in a federal crime of violence will be petitioning their case before the high court. The Supreme Court only hears a fraction of cases brought before it, and the supporters of the Davidians consider the Court's interest a moral victory……… In the Supreme Court appeal, the nine petitioners will argue that the original charge and impending verdict against them should be dropped for technical reasons. The survivors have claimed that the charge they carried firearms during a federal crime - did not specify the type of firearm. Sentencing for such crimes is based on the type of weapon used by the accused. Lawyers for the Davidians will argue that the San Antonio jury had come to its verdict without knowing the exact kind of firearm used by the Davidians during the raid. This distinction may seem like a minor point, but in the eyes of the law, it's the difference between a five-year sentence and a 30-year sentence. …….. "They were convicted of carrying a firearm in a federal crime of violence, which is supposed to be a five-year sentence," said Stephen P. Halbrook, the constitutional lawyer representing each of the petitioners. "That was all that they were charged with and that's all the jury found." The United States Code says, in part, that a five-year sentence is to be imposed for carrying a "firearm" during and in relation to a federal crime of violence, and 30 years if the firearm is a "machinegun," a "destructive device," or if the accused is "equipped with a firearm silencer or muffler." "At sentencing, district Judge [Walter S. Smith, Jr.] decided he would apply another law - which is part of the same law, actually - which says if you use a machine gun or certain other types of weapons, you get a 30-year sentence," explained Halbrook. "He said this is something [he] can determine in sentencing; it's not something [the defendants] have to be charged with." ……."

NewsMax.com 3/22/00 Stephan Archer "…… So what evidence did Smith have that the Davidians carried machine guns during the raid? According to Halbrook, there were certain witnesses who thought they heard automatic fire. However, the BATF had submachine guns with two-shot bursts that the witnesses may have heard. Semi-automatic weapons, which can sound like automatic weapons when fired rapidly, were also used during the raid. Even other Davidians, now dead, could have fired machineguns. about Smith's charge the Davidians used machineguns. In bringing the case before the Supreme Court, Halbrook said he'd appeal to the Fifth and Sixth Amendments to the U.S. Constitution......."

NewsMax.com 3/22/00 Stephan Archer "…… Before the Feb. 28 raid, the BATF had come to suspect that David Koresh, the Davidians' leader, had violated Chapter 53 of the Internal Revenue Code, which requires that certain firearms be registered and taxed. After refusing an invitation from Koresh to discuss his firearm purchases and obtaining a search warrant, 75 BATF agents stormed the Mount Carmel premises armed with pistols, shotguns, and submachine guns and air support by helicopters. Some 115 men, women and children resided in the building….."

Wichita Eagle, New Haven Register 3/22/00 "…… A new report by the Texas Rangers says crime-scene records, videos and photographs appear to contradict the FBI's account of when, where and how many pyrotechnic tear-gas rounds were fired by the rescue team in the standoff. Yes, the same tear-gas rounds that the FBI originally denied using at all. Meanwhile, a newly discovered confidential document indicates that vital psychological profiles of Branch Davidian leaders - profiles that warned against an attack because "they would rather die than surrender" - were withheld from the attorney general by FBI officials to gain her support for the tear-gas assault. And, it was revealed that though armored firefighting equipment was available, the federal commanders on the scene chose not to procure it…."

William Cooper 3/22/00 VNS [unverified] "……. A US Attorney spokesman for the Justice Department blatantly lied during a press conference Monday when he said the Waco FLIR tests conducted over the weekend support the governments position that the flashes seen are "glints," or "reflections," of light off of debri around the Davidian Church. ……. Here is the kicker. While night vision scopes will "see" light, FLIR or Forward Looking Infra Red cameras cannot and do not ever "see" or "capture" any light from any source or reflection whatsoever. FLIR can only see or pickup the infrared or heat portion of the electromagnetic spectrum. You see, the government has been lying all along in hopes of convincing the ignorant amongst us, and yes that includes judges and Branch Davidian attorneys, that the gunfire is really flashes of light captured on the video tapes... an impossibility where FLIR is concerned. ..."

Freeper MouthOfSouth 3/22/00 "….Here is what Craig Roberts has to say to Drudge Report on this: From: Craig Roberts ......... FLIR only "sees" the infrared/heat light spectrum in shades of gray. It does NOT see reflections of broken glass, headlights on cars, flashlights etc. I used FLIR for three years in our police helicopters, and I am a factory trained FLIR technician. I can tell you now, and in any court in the land, that there is no such thing as FLIR seeing reflected light! .........I told Hardy and the other Waco investigators this in a ten page report I wrote for the NRA back when the FLIR tape became available and I was one of the first one's to see it. The biggest point in the FLIR tape is not the gunfire, it's the fact that an CEV or Bradley busted in to the gym area and stayed there for some time before pulling back, long before the other "tanks" showed up out front to begin breaking holes into the structure. Then the CEV went back into the gym and stayed for a couple of minutes, and when it came out, fires began to break out inside the building. It appears to me that this vehicle took a team in and dropped them off, then went back to pick them up. This is what should have been explored, but no one ever took that information and did anything with it. ….."

Dallas Morning News 3/14/00 Lee Hancock "….Lawyers for the Branch Davidians moved Monday to dismiss their wrongful-death lawsuit against an FBI sniper, after findings by firearms experts that shell casings found in a house near the sect's Waco compound were not fired from FBI guns. The motion, filed in U.S. District Court in Waco, comes five months after the sect's lead lawyer conceded that there was scant evidence to support the allegation that FBI Agent Lon Horiuchi fired at the compound on the final day of the 1993 standoff. ......Plaintiffs' attorney Michael Caddell of Houston said Monday that he decided to ask U.S. District Judge Walter Smith to dismiss the case against Agent Horiuchi after a private firearms expert hired to help develop the sect's lawsuit concluded that a dozen .308-caliber shell casings found at the Waco house probably were fired by federal Bureau of Alcohol, Tobacco and Firearms guns. …… A similar conclusion was reached late last month by a Kentucky State Police Forensic Laboratory expert hired by lawyers for Agent Horiuchi, Mr. Caddell's motion stated. ……"

The Dallas Morning News 3/15/00 Lee Hancock "……. Waco special counsel John C. Danforth's investigation of government actions against the Branch Davidians will cost nearly $10.8 million by the end of 2000, according to budget figures released Tuesday in Washington. A 23-page budget submitted in early December by Mr. Danforth's office offers a rare glimpse at the secretive inquiry begun last fall, including the prediction that Mr. Danforth's investigators expect to question 1,000 people "with personal knowledge of events relative to the Waco matter." The job also entails reviewing and creating a massive computer database from about 1.5 million pages of government Waco records at a cost of about $1.2 million, the document states. Investigators are also combing through tons of previously unexamined evidence in Waco and obtaining forensic studies and other expert help to authenticate other government evidence from the 1993 siege. ......Although based in St. Louis, where Mr. Danforth returned to private law practice after retiring from the U.S. Senate, the special counsel's staff includes three inspectors in Waco and a small legal staff in Washington. ...... Mr. Danforth said at the time of his appointment that he intended to "answer the dark questions" lingering more than six years after the 51-day siege. He then imposed strict secrecy on his investigation, warning his 68 staffers that they would be fired if they were linked to media leaks.......His budget, filed with the Justice Department last December and released Tuesday by Justice officials, reveals an even broader outline. .........The document stated that Mr. Danforth's 16-lawyer staff and 32 full- and part-time U.S. postal inspectors are conducting interviews, examining evidence and tracing back through more than six years of court proceedings, congressional hearings and other government inquiries. Mr. Danforth and six of his top lawyers are each being paid $118,400 a year, the equivalent of a U.S. attorney's salary.......The budget document states that Mr. Danforth's inquiry will resolve "whether any government employee or agent . . . made false or misleading statements, allowed other to make such statements, or withheld evidence or information" about what happened April 19, 1993. ……Also under scrutiny is whether any government agent "used any incindiary or pyrotechnic devices at the compound on that date, started or contributed to the spread of the fire at the compound . . . or engaged in gunfire on that date," the document states. …… Mr. Danforth's staffers are also empowered to examine whether military personnel were used illegally April 19, and the document also noted that Mr. Danforth had authority "to prosecute federal crimes arising from his investigation or the obstruction thereof." ……… Mr. Danforth's budget report states that at least seven outside forensic experts or other scientific consultants would be retained to assist his inquiry "at a cost of $100,000 per expert." ……….."

Associated Press 3/15/00 Michelle Mittelstadt "……Contending that the government has withheld, destroyed or tampered with important evidence related to the federal siege of a Waco, Texas, compound in 1993, lawyers for Branch Davidians who have filed a wrongful-death lawsuit are asking a federal judge for help. In a 31-page motion being filed in federal court in Waco, the Davidians' lead counsel asked U.S. District Judge Walter Smith to schedule a hearing to review the complaint or to sanction the government. "A disturbing pattern has emerged," the motion by Davidian lawyer Michael Caddell said. "Much of the key evidence relating to the events of April 19, 1993, has been 'lost,' altered or tampered with." ......"

In his motion, Caddell complained of "suspicious gaps" in evidence and said the government had failed to meet the judge's September 1999 order to produce original audio and video tapes, photographic negatives and other evidence.

Associated Press 3/15/00 Michelle Mittelstadt "……"The pattern of the photographs produced by the FBI suggests only one thing: the FBI has turned over only those photographs to the court (and the press) that the FBI wants the court and the public to see," Caddell charged.
The plaintiffs accuse the government of other wrongdoing, including:
-Never returning a roll of film confiscated from the Texas Rangers showing bodies and weaponry found inside the decimated concrete bunker. "The absence of these photographs makes it very difficult, if not impossible, to determine if any of these persons were shot outside of that room and moved into it prior to or after the fire," the motion said.
-Representing as originals audio recordings made from listening devices planted inside the compound during the 51-day siege. An analysis commissioned by the plaintiffs suggests the tapes are copies. The tapes - which the government has relied on for proof that the Davidians spread fuel and started the fire - also bear signs of being recorded with multiple recorders, the plaintiffs' tape expert concluded….."

Terry Ganey and William Freivogel Of the Post-Dispatch 3/13/00 "……In a motion filed in federal court, the lawyers said the tainted evidence included FBI photos that show no agents shooting at the Branch Davidian complex. The lawyers said some of the pictures came from film negatives that had been copied from other photos, raising the possibility they had been tampered with. They said almost all of the 36 exposures of one roll of original negatives taken during a crucial period of the government's siege were "lost" and that only duplicates were available for analysis in federal court. They also said rolls of film appeared to be missing and there were time gaps between pictures during periods in which other evidence suggests gunfire was coming from government positions. …… The Branch Davidians' motion also said other pieces of evidence appeared to have been doctored. They said surveillance audio tapes had been erased and parts of an infrared video tape had been recorded over. …….. The FBI and the Justice Department have used one photo to rebut claims that agents on the ground fired on the back side of the complex. It was taken at approximately 11:24 a.m. and shows no one on the ground while at about the same time there are flashes near the same location on the infrared video. Caddell's motion said that the "supposed" 11:24 photo was in the set that included duplicates, not original negatives. The motion also said that in addition to the duplicates, there was one strip of five original negatives from Roll No. 1. The "original" strip includes the photograph taken at 11:24. "Coincidentally(?), this supposed original fragment happens to contain the supposed 11:24 photograph touted by the FBI to reporters," the motion said. "Of course the coincidence is too much. All of the negative strips from Roll 1 are 'lost,' except for the one that seems to help the FBI?" …."

St. Louis Post Dispatch 3/19/00 William Freivogel and Terry Ganey "……Gary Waldman, author of a book on optics and infrared technology, doubts the test will prove anything. "I am always amazed and amused by the many people with little or no scientific training who express absolute certainty on matters of scientific inquiry," said Waldman, a senior staff engineer at System & Electronics Inc. "In science it is hard to rule out something as impossible, which leads me to conclude that the test will find that it was possible that it was either gunfire or sunlight." …….. Waldman questioned the design of the test. He said the debris that will be placed at the site will be lying flat on the ground, which will be less likely to reflect sunlight than reflective surfaces tumbling through the air. For sunlight to reflect off flat surfaces, the angle has to be just right to show up as glint. By contrast, shiny particles blowing through the air tumble through many different angles. That makes it more likely that airborne debris will reflect the sunlight around noontime, Waldman said. ……"

Dallas Morning News 3/19/00 Lee Hancock & David Jackson "…… Experts supervising the operation for a federal court in Waco and special counsel John C. Danforth could order a postponement if it rains within eight hours of the scheduled start, temperatures dip below 65 or skies turn too cloudy. Sunday's forecast called for partly cloudy skies and temperatures in the mid-60s. …….. The issue has drawn so much attention that investigators from both houses of Congress traveled to Texas to observe. The Texas Rangers also are sending an investigator, and U.S. District Judge Walter S. Smith, the Waco federal judge presiding over the wrongful-death suit, also is expected to attend. ……. A dozen FBI officials were dispatched to Killeen over the weekend from the FBI's headquarters in Washington. They included the bureau's deputy director for congressional and public affairs, its chief legal counsel and a former member of the FBI's hostage-rescue team who was in Waco during the 1993 standoff. …….. The founding commander of the hostage-rescue team testified in a recent deposition that the team obtained some infrared-resistant clothing when it was made available to U.S. forces during Desert Storm. But he said he found that clothing to be largely ineffective in masking body heat from infrared cameras. ……. The government's lawyers said late last week that they would release at least some test data after the lead lawyer for the Branch Davidians announced that he planned an immediate release of the entire set of infrared and video recordings made at Fort Hood……"

The Post-Dispatch 3/18/00 William Freivogel "…..The flashes in 1993, as interpreted by experts, are the only indication that FBI agents shot at the rear of the complex. About a dozen agents and their commanders - in depositions, public statements and appearances before Congress -have consistently denied that anybody fired. If the test records flashes that are similar in intensity, duration and frequency to those on the April 19 tape, it could mean that government agents fired their guns and then lied about it, two key issues Danforth's investigators are exploring. A match-up of the flashes could lead Danforth to re-question, this time under oath, the agents who have denied firing guns or seeing others firing. ……."

Waco Tribune Herald 3/18/00 Mark England "……A Bradley fighting vehicle and a combat engineering vehicle will rumble over the test site. Armed men in camouflage will roam about. Debris such as hub caps, broken glass and insulation will be strewn on the ground. And two aircraft with Forward-Looking Infrared (FLIR) video cameras will fly overhead. What may or may not be different - weapons will be fired In two hours or so videotapes will be ready for comparison with the FLIR videos from April 19, 1993. ……. "The reality is that at the end of the day we're going to have a test tape that will have to be compared to the FLIR tapes of the 19th," Bradford said. "To some extent, it will be a subjective comparison by both sides' experts, so it's subject to the potential for continued debate and dispute. Because several different issues are going to be covered, the results may be clear on some and in dispute on others." …….. The test Sunday stems from Caddell's breathtaking challenge: restage the final day. The loser of the contest pays all expenses. ……. Besides Smith and Danforth, there will be eight members of Congress (or congressional staff) present, and representatives from the FBI, Department of Justice, the Department of Defense and the Office of Special Counsel. Eight slots are set aside for the plaintiffs. If no rain has fallen in the last eight hours and the temperature doesn't drop below 65 degrees or soar above 85 degrees, the recreation will start at 10:30 a.m. Sunday. ……. "If we get flashes from guns and we don't get flashes from trash, then what else can the flashes be but gunfire?" Caddell said. "I'm not saying we won't get flashes from the space tent, but it won't be the precise repetitive flashes seen on April 19th. The only thing that can duplicate that is gunfire." ….."

Associated Press 3/17/00 "……The re-creation could challenge the government's unequivocal assertion that federal agents fired no shots at the Branch Davidian compound in the final hours of the 51-day siege…….. Infrared experts hired by the plaintiffs, as well as one retained by a House committee, contend the flashes represent gunfire from government positions and a smattering of return fire from the Davidians. FBI officials are adamant that the Davidians died by their own hands, and have suggested that the flashes came from sunlight glinting off pools of water, metal or other debris on the ground. ……. "

Arkansas ChronicleTom Winters and A.J. Hardcastle Freeper Leper Messiah "……… [snip]"The sequence of exposure of the pictures is tracked by 'frame numbers' that appear on the edge of the film. Even after the negatives are cut into strips and placed in plastic sleeves, you can always tell which order they were shot in by looking at the frame number just beneath the actual image," said the Navy analyst. "Those frame numbers are put on the film by the manufacturer, not the camera." …….. It is this "image sequence" that creates the most problems for the Justice Department. When you take the pictures, in the sequence that the government claims they are on the roll and compare it to the testimony, and, to other pictures on the same roll, the Alice-in-Wonderland world of the government defense to a murder case becomes shockingly apparent.

……..According to the negatives, the sun had risen an hour early, just in time for prison guard Freeman to take his first picture of the cell. His camera, a Minolta with a built-in flash, failed to flash on the first shot in the cell. And through the vertical slit window at the back of the cell, you can see daylight, trees and grass. "Another picture after that one shows a clearly illuminated outdoor scene," said the expert. "Somehow, the sun set again. Additional pictures, but with higher frame numbers, show total darkness outside the very same window. There's just no way the sun was going up and down. It's the pictures that are all wrong."

…….Pressed for an explanation as to how such images could be faked, the image expert explained. He described the process whereby a computer with two "peripherals," a negative scanner and a film output printer were used to fabricate a roll of film that appears to be "original," but really isn't. "What someone obviously has done is this: they had the two rolls of film all along. And I would guess that there is surely something on one or both of those rolls they don't want anyone to see. So, they simply used a common computer tool, a 'negative scanner,' to import the negative images into a graphics program.

……..Government lawyers also produced the faked negatives for copying onto CD-ROM's. The analyst said that there are tell-tale "artifacts" on the digital imagery that further confirms the negatives are "second generation," but would not offer specific details on the methodology used to identify the fake photos. Arkansas Chronicle was able to obtain a set of the CD-ROMs and have them analyzed at the same time as the prints were analyzed.

………The analyst said that the most damning piece of evidence is that one of the pictures released earlier by government lawyers somehow does not appear on the "roll" that the FBI produced. "It's sort of an obscure shot. But the point is, the picture is not on the roll of their negatives, and without question, it was indeed shot between two frames that I can absolutely identify on the roll they released." Other evidence suggests, he said, that the roll they produced was in fact shot from two different cameras with "two different lens systems."

……."Since the case record would indicate that the FBI had custody of these negatives for several years," said the imagery expert, "that's where I would be looking in terms of identifying who manipulated this imagery. It took really expensive equipment to produce these fakes and not a lot of people have it." Contacted again shortly before press time, the expert would neither confirm nor deny that he is one of two imagery experts now examining video tape of aerial FBI infrared photography from Waco for a U.S. Congressional committee headed by Rep. Dan Burton.

…….According to court records in the Trentadue case, the Department of Justice's Office of Inspector General has indeed been investigating Bureau of Prisons and Federal Bureau of Investigation agents for complicity in criminal misconduct in the Trentadue case. It was in the process of having the pictures and CD-ROM's examined that a chilling allegation surfaced about the capabilities of the FBI's lab, especially its ability to alter physical evidence such as photographs, video and audio tape. A person recently employed as an FBI lab technician, in the process of approaching a public interest group called "Judicial Watch," claims to be able to prove that the alleged audio tapes of Branch Davidians talking about setting fires in the Waco compound are as fake as the Trentadue pictures.

……..Judicial Watch does in fact represent several federal "whistleblowers" including former agents of various agencies in high-profile cases involving alleged governmental corruption. The non-profit organization, headed by Larry Klayman, has filed a series of high-profile suits against government officials claiming miscounduct, fraud, waste and abuse of office. When shown the Trentadue pictures, the former FBI worker claimed to personally know the persons responsible for faking the negatives. Arkansas Chronicle was able to confirm that one of the persons named does indeed work in the section of the FBI lab responsible for processing photographic evidence.

…….The former lab worker could not produce any documentation of claims of falsifying evidence and when pressed for details on the Waco case said, "I hope to be able to file a lawsuit that involves a lot of misconduct in the lab and I don't want to say anything at this time that might jeopardize that." The former technician expressed great fear of the FBI saying, "When you mess with them, they mess back." "The FBI can compete with the best of Hollywood special effects shops," said the former lab worker. "I wouldn't really believe anything controversial that they produce." The former worker claims to have walked in on one session in "an editing bay," where "forward looking infrared (FLIR) imagery" was being edited. "I recognized the scene as Waco." Interestingly, the interviews with the former worker occurred months prior to public information surfacing about the existence of the now controversial video tapes found in FBI possession. "The particular suite they were in has extensive special effects and electronic editing capability," said the source. "While I cannot honestly say I saw them alter evidence, I can tell you that I was present on more than one occasion where both audio and video tapes from Waco were being 'played' in editing suites where the only logical reason for anybody being there was to alter or edit original footage. If you just wanted to play the stuff there are a lot better places to do it than an editing suite." Burton's committee has already learned that some of the Waco video tapes are in fact missing part of the audio tracks where critical conversations between agents are thought to have been recorded……."

AP 3/20/00 Sherri Chunn "…….The government presented its side at a news conference early today, contending that initial analysis of the evidence helps show FBI sharpshooters did not open fire on sect members. "We have now completed a preliminary review of the materials that were provided to us today from the test at Fort Hood and while this was a preliminary examination - we will obviously be doing a much more detailed examination of the results - but we are very pleased with the results we have seen so far," said U.S. Attorney Mike Bradford, one of the government's lead lawyers in ongoing Branch Davidian litigation. ………. But Branch Davidian plaintiffs suing the government for wrongful death have insisted Sunday's field test will confirm their experts' analysis: that rapid-fire bursts of light appearing on the FBI's 1993 aerial infrared surveillance footage represent gunfire from government positions into the Davidians' retreat. ……… Flashes - as well as people - were visible in all tapes reviewed Sunday, said Bradford. "Of those items that we think are especially significant are the fact that the debris field in these tapes clearly reflects flashes," he said, adding that test footage would be reviewed in greater detail for several weeks. ….."

Dallas Morning News 3/19/00 Lee Hancock David Jackson "…… U.S. Attorney Mike Bradford, one of the lead lawyers on the government's Waco trial team, said after the test that government officials were confident it would disprove "baseless allegations with no foundation that the FBI was out at the back of that compound shooting." But Mike Caddell of Houston, lead lawyer in the Branch Davidians' wrongful death lawsuit, voiced equal certainty that the results would show gunfire muzzle blasts similar to repeated flashes recorded by the FBI in 1993 with an airborne forward-looking-infrared (FLIR) camera. "We're likely to get flashes today that will look like the flashes from the April 19 FLIR that will be generated by gunfire," he said……"

Dallas Morning News 3/19/00 Lee Hancock David Jackson "…… In arguing against the idea of government gunfire, FBI officials point out that no gunmen are visible anywhere near the repeated flashes on the April 19 infrared video. In contrast, they predicted that shooters would clearly be visible in the tapes of the test conducted Sunday. But Mr. Caddell said gunmen would be more likely to show up in Sunday's test because Sunday's weather was between 15 and 20 degrees colder than in 1993. Temperatures reached 85 in Waco on April 19 in the final hour before the compound burned. "If there's a match between the gunfire on April 19 and gunfire at Fort Hood, people are going to overcome questions about seeing bodies," he said. "I think the bodies are a secondary issue." …… He noted that an FBI still camera in another bureau plane captured a photo of agents standing outside their tanks several hundred feet away from the rear of the compound on April 19. In a motion last week in federal court, Mr. Caddell stated that his comparison of FBI still and infrared photos pegged that image as having been taken at 11:35 a.m. Mr. Caddell said those elongated dark shapes of men on the ground look remarkably similar to shapes that appeared in a courtyard at the rear of the compound at 11:43 a.m. on the infrared video. The April 19 video shows repeated white flashes emanating just after 11:43 a.m. from the same area of the courtyard where the dark shapes appeared on the still picture, Mr. Caddell. ……"

Dallas Morning News 3/19/00 Lee Hancock David Jackson "…… The test got under way about 11 a.m, after temperatures rose to 59 degrees. By the time it ended at 2 p.m., the temperature was about 69……..In addition to the gunshots, the cameras took footage of men maneuvering in different types of camouflage gear. At issue is how the heat-sensing camera's ability to detect body heat from humans might be diminished by different kinds of camouflage clothing or body armor. ...... Armored vehicles matching those used by the FBI in Waco were filmed driving over fields of aluminum, glass and other debris, and the cameras also shot footage of pools of standing water and a family-sized dome tent specially rigged with reflective aluminum coated "space" blankets. …… Government officials requested that the aluminum-covered tent be included in the test to guarantee that at least some flashes on the test recordings would be generated from sunlight reflections. ….."

TERRY GANEY Of the Post-Dispatch 3/20/00 "…… In another development Sunday, the lawyers said that Vector will provide an analysis of the results to Judge Smith for use in the trial of the wrongful death suit that the Branch Davidians have filed against the federal government. Before Sunday, the plan had called for Vector to give its analysis to Danforth's office only and after the trial. That left open the possibility that Danforth's independent investigation report later this year could have had a different finding on the gunfire issue than the civil trial scheduled to start May 15. With Sunday's development, that is less likely now since both Danforth's inquiry and Judge Smith's court will be operating with the same information……."

TERRY GANEY Of the Post-Dispatch 3/20/00 "…… Sunday's temperature got up to 69 degrees as opposed to 85 at Waco on April 19, 1993. The test plan required that Sunday's temperature be between 65 and 85 degrees. Caddell said cooler ground temperatures would increase the likelihood that bodies are observed on the test tape. Because infrared measures the differences between heat radiation of objects, warm bodies would be more readily visible on colder ground. The government has said that because no agents' bodies can be seen near the flashes on the 1993 tape, no agents were there to fire………"

TERRY GANEY Of the Post-Dispatch 3/20/00 "……..Caddell said for the first time Sunday that in addition to the infrared flashes, an FBI surveillance photograph by a still camera points to the presence of FBI shooters behind the complex. He said two specks that show up on a picture taken behind the complex about 11:43 a.m. on the last day of the siege are two FBI gunmen. The specks, "elongated dark blobs" as Caddell calls them, are near a piece of debris that appears to be part of the collapsed side of the building. The site is in a courtyard close to the complex. ……..He said the specks were discovered on an enlargement of one of 155 FBI surveillance photos that had been turned over to the court. They were not noticed earlier, Caddell said, because all the plaintiffs had to work with were "poor quality" 3-by-5-inch photographs the FBI had supplied earlier....... Caddell said the specks do not appear in the same location in earlier photographs, as if the "shooters" moved to the position. Flashes on the original infrared tape that the Branch Davidians say are gunfire show up in the courtyard area at 11:48 a.m. "They are trying to take out people shooting in the tower," Caddell said. The wooden church complex included a four-story tower in the center of the structure. Caddell also said the pair may have been going after Davidian leader David Koresh, or trying to eliminate the .50-caliber rifle that was part of the sect's arsenal. ……."

Dallas Morning News 3/20/00 Lee Hancock David Jackson "…….A federal judge unexpectedly banned both sides in the Branch Davidian case from releasing footage from a Sunday field test aimed at determining whether government agents fired at the sect's compound at the end of the 1993 siege.. ...... While video from Sunday's test will not be made public immediately, both sides promised to discuss their initial assessments of test data by Monday morning. The supervisors of the test, British infrared experts chosen by Waco special counsel John C. Danforth and the federal court in Waco, released the raw data to both sides late Sunday after certifying the data's accuracy…..In addition to blocking release of the film, Judge Smith surprised both sides with the announcement that the British experts overseeing Sunday's operation, Vector Data Systems Ltd., would give the court their own written analysis of the test within 30 days. Mr. Bradford and Mr. Caddell said they believe the judge decided to seal the test data to give Vector Data time to prepare a formal report before the Fort Hood footage becomes public. Both attorneys acknowledged that the court's request for a full report could mean that Vector Data scientists will be deposed before the trial. That could mean the court will have to extend depositions and possibly delay the May 15 trial. ......"

Dallas Morning News 3/20/00 Lee Hancock David Jackson "…….While Mr. Caddell predicted that evaluating the data would be relatively "easy," he reminded reporters that it would address only a portion of the allegations leveled against the government. Also at issue, he said, is whether the FBI's commanders exceeded their authority in ordering tanks to begin driving deep into the building and demolishing its rear on April 19. Mr. Caddell said he also expects to be able to prove government negligence in the FBI's decision not to try to fight a fire if one broke out at the compound. He said he also believes that he can convince a federal judge that the government's agents and tanks contributed to the fire in which Mr. Koresh and more than 80 followers died. "David Koresh bears part of that responsibility," Mr. Caddell said. "And what our lawsuit is about, I think, is that the government needs to accept its share of responsibility as well." ......"

Dallas Morning News 3/20/00 Lee Hancock David Jackson "…….In arguing against the idea of government gunfire, FBI officials point out that no gunmen are visible anywhere near the repeated flashes on the April 19 infrared video. In contrast, they predicted that shooters would clearly be visible in the tapes of the test conducted Sunday. But Mr. Caddell said gunmen would be more likely to show up in Sunday's test because Sunday's weather was between 15 and 20 degrees colder than in 1993. Temperatures reached 85 in Waco on April 19 in the final hour before the compound burned. "If there's a match between the gunfire on April 19 and gunfire at Fort Hood, people are going to overcome questions about seeing bodies," he said. "I think the bodies are a secondary issue." ......"

Dallas Morning News 3/20/00 Lee Hancock David Jackson "…….He said that an FBI still camera in another bureau plane captured a photo of agents standing outside their tanks several hundred feet away from the rear of the compound on April 19. In a motion last week in federal court, Mr. Caddell stated that his comparison of FBI still and infrared photos pegged that image as having been taken at 11:35 a.m. Mr. Caddell said those elongated dark shapes of men on the ground look remarkably similar to shapes that appeared in a courtyard at the rear of the compound at 11:43 a.m. on the infrared video. The April 19 video shows repeated white flashes emanating just after 11:43 a.m. from the same area of the courtyard where the dark shapes appeared on the still picture, Mr. Caddell. "We're really focusing on this because of their effort to prove their argument by saying you can't see bodies on the April 19 tape," Mr. Caddell said. "There are times when you can see bodies. . . . The bodies are hard to find. They clearly are taking cover. But if you look, you can see bodies." Asked about the 11:43 a.m. photograph, FBI officials repeated their long-held position that no agents left the protection of their armored vehicles anywhere near the compound until after it caught fire. ......A federal investigator involved in re-examining the incident said the shapes could also conceivably be the shadowy figures of Branch Davidians......."

"Waco: A New Revelation" Reviewed by Gavin Phillips "……..The official version of events was rammed down our throats day in and day out by the mainstream media. Buzzwords were repeated ad-nauseum; Cult, Pedophile, Compound, Religions that Kill, Mass Suicide, Jonestown, Sociopath. We were being conditioned by the government via the jingoistic mainstream media into a Pavlovian response to any mention of "The Wacko in Waco," that was of course that he was the heir apparent to Charlie Manson. It is a lie, as is virtually everything else the government has told us about the events at Waco. It is a prerequisite to justifying genocide to demonize the group targeted for extinction. The Nazi's did it to the Jews. Our government did it to the Branch Davidians in 1993..…..

………Dr. Philip Arnold says,"...If you don't believe me, look at the video tape, I know you have that tape, he (Koresh) says, I saw you making it across the road." Investigator (Attorney) David Hardy says,"...According to the agency there were three or four video cameras pointed at the front door that could tell you everything that happened to the front door of that building that day. They claim they can't find a single one of them. Every one of those video tapes vanished."

………..The question everybody asks is, why didn't they just come out? Some woman and children did leave the building. Others chose to stay in their home, they did not trust a government who had just murdered six of their friends and had trampled on their Constitutional Rights. As Rita Riddle said; "...They were assuring us that we would be cared for in a professional manner. Then you turn around and you've got people that are flipping you the finger...they're dropping their draws and baring their butts and these are the type of people that you're supposed to go out to." An FBI negotiator later informs Branch Davidian Steve Schnieder that it would not be wise to leave the building. FBI Negotiator "...The tactical people have changed the situation and for security reasons and for safety reasons no one is now authorized to come out of there for any reason. And what they're telling me is, that if anybody does, they are going to be dealt with in such a fashion that the people will have to, retreat back to the compound." It is therefore of little surprise that the Davidians decided to stay in their home. …….

……….Using frame by frame analysis Dr. Allard finds that some of the flashes are occurring at a fraction of a second, in some cases a 30th of a second. He says "...They open up with automatic gunfire...There is absolutely nothing in nature that can cause thermal flashes to occur in a 30th of a second..." We also see someone firing into the dining room area. Dr. Allard says, "...I stopped counting after about 62 individual shots." Earlier in the documentary we saw new color video footage of unmistakable machine gun fire (three bursts) from a helicopter sent to intercept somebody exiting one of the buildings in the middle of the complex. We then see men firing into the only undamaged exit from the burning building, after-which about fifteen bullet ridden bodies are discovered. As Dr. Edward Allard states, "...We have men firing automatic weapons and they're firing into the burning building...Like some sort of a cowboy movie they're retreating down the building and firing as they're retreating. I cannot remember something more sickening that I had to do to witness this." The FBI says that the Davidians either shot themselves or each other. …….

………FBI Special Agent in Charge at Waco, Jeff Jamar stated: "....Asked a question is, are we getting help from the Delta team and we're not." This statement is disingenuous at best. Even the government now admits that one or two Delta men were there. The government says they were just there as "observers" (What, they never spoke to the FBI at all?) and didn't take any direct action. Gene Cullen. Senior Case Officer Special Operations Group, CIA, says; "....Originally I was told that there was just going to be one or two Delta personnel there as observers, but during the briefing it was mentioned that there was over ten Delta operators at Waco Texas, and they were not there merely as observers, but would be participating in any type of operational or tactical effort against the Branch Davidians." …….Steven Barry. Sgt 1st Class US Army Special Forces (Ret) says; "...I did talk to some combat applications group guys and they did confirm that yes, portions of the B squadron were there, pulling triggers." ......"

"Waco: A New Revelation" Reviewed by Gavin Phillips "……..……….Frederic Whitehurst "...Following the gassing, the mothers of the children take them to an enclosed concrete vault which the FBI called "the bunker." The FBI gasses the bunker for two hours." …..

……..We now have credible testimony that elite government assassins were illegally deployed at Waco. Even more disturbing, and also new to this documentary, is the very strong evidence that a high explosive "shape charge" was purposely placed on the concrete room where many children and woman were staying. During the documentary you see the percussion of an explosion and then a dramatic fireball, which was most likely due to a rupturing propane gas bottle. We are then shown a photograph and still video footage of an approximate three foot round hole on the top of the concrete cinder block, the last sanctuary of the woman and babies. Explosive experts say this is the result of a shaped charge placed there by government agents. Steven Barry states; "...The, the blast hole at the top of the roof, you can plainly see the rebar is bent in. The damage to the stainless steel refrigerator, which appears to have been under the blast hole is consistent with a shape charge." Colonel Jack Frost Ordnance Engineer USAF Retired, states; "...Having examined still photographs and video tapes of the bunker it was apparent to me that this was caused by a shape charge. But what bothers me is who would have the audacity to use such a charge." Some have said that the hole was made by the small gas tank, but you see the explosion before the fireball of the propane gas ignition. The cinder block was bulldozed and the concrete buried. Some six years later it was dug up in order to test the concrete around the hole to ascertain what caused it. "Surprisingly," the concrete around the hole was "missing." ……..

Killeen Daily Herald 3/20/00 Tracy Goodwin "……Lawyers came under fire by a radio talk show host and a Branch Davidian member over the validity of the Sunday re-enactment on Fort Hood of the April 19, 1993, fire at the religious sect's Mount Carmel compound near Waco. U.S. Attorney Mike Bradford and Branch Davidian lawyer Mike Caddell defended the reasons and the accuracy of the test, which simulated the day the Branch Davidian complex burned to the ground. Both lawyers believe Sunday's re-enactment will put to rest any doubt about what happened that day. Results from the test were not known at press time. Former radio talk show host Alex Jones said the way Caddell is handling the case proves he is always on the government's side and neglects what actually happened. "Quite frankly it is beginning to look a lot like Nazi Germany now," Jones said. "Time and time again information (against the government's case) has been brought to their attention and time and time again, it has always turned out to be true." Branch Davidian survivor Clive Doyle said he wants to make sure the truth gets out to the people and he also questioned the re-enactment……."

St. Louis Post Dispatch 3/20/00 Terry Ganey "……A Justice Department lawyer said today that he was very pleased with the results of Sunday's scientific infrared test because it showed debris causes flashes like those seen on a video of the 1993 siege of the Branch Davidians' compex near Waco, Texas. Mike Bradford, the U.S. attorney from Beaumont, Texas, said a preliminary analysis of the tapes backed up the government's position that FBI agents did not fire guns at the complex the final hour of the FBI's siege. ……. "This may very well explain the flashes," Bradford said. "We are very pleased with the results. We believe it confirms our position and will put an end to the claim that the FBI was firing at the compound." ……..And Bradford pointed out that in addition to the muzzle blasts, individuals can be seen on the test tape. In the 1993 tape there are no bodies seen near the flashes. ……"

St. Louis Post Dispatch 3/20/00 Terry Ganey "……Caddell said for the first time Sunday that in addition to the infrared flashes, an FBI surveillance photograph by a still camera points to the presence of FBI shooters behind the complex. He said two specks that show up on a picture taken behind the complex about 11:43 a.m. on the last day of the siege are two FBI gunmen. The specks, "elongated dark blobs" as Caddell calls them, are near a piece of debris that appears to be part of the collapsed side of the building. The site is in a courtyard close to the complex. He said the specks were discovered on an enlargement of one of 155 FBI surveillance photos that had been turned over to the court. They were not noticed earlier, Caddell said, because all the plaintiffs had to work with were "poor quality" 3-by-5-inch photographs the FBI had supplied earlier. Caddell said the specks do not appear in the same location in earlier photographs, as if the "shooters" moved to the position. Flashes on the original infrared tape that the Branch Davidians say are gunfire show up in the courtyard area at 11:48 a.m. "They are trying to take out people shooting in the tower," Caddell said. The wooden church complex included a four-story tower in the center of the structure. Caddell also said the pair may have been going after Davidian leader David Koresh, or trying to eliminate the .50-caliber rifle that was part of the sect's arsenal……."

The Dallas Morning News 3/16/00 Lee Hancock "…… Lawyers for the Branch Davidians told a federal judge Wednesday that key government photos and audio and video recordings from the last day of the 1993 Waco siege have been "lost, altered or tampered with." In a motion, the lead attorney for the sect asked U.S. District Judge Walter S. Smith to force the government to explain the "disturbing pattern." The attorney also asked the judge to impose punishment over the mishandling of critical evidence from April 19, 1993, the day that the sect's compound burned. ......... Michael Caddell, lead attorney for the sect, said Wednesday that careful review of what the government has turned over reveals a pattern that "gets to be beyond coincidence or sloppiness. It is clear that there is a calculated plan on the part of people within the FBI to withhold evidence or to present only that evidence that is favorable." ......... Mr. Caddell argued Wednesday that the government has continued to defy the court's order, and he asked for a full contempt hearing and "appropriate sanctions for the government's willful or neglectful destruction or alteration of original evidence." "If the court is to fulfill its goal of assuring the American public that the original critical evidence . . . has not been lost, tampered with or altered, it must take immediate steps," Mr. Caddell's 31-page motion argued. ......"

POST Dispatch NET 3/16/00 Terry Ganey, William Freivogel "…… The government has "lost, altered or tampered with" key evidence to understanding what happened at Waco, lawyers for the Branch Davidian survivors said Wednesday. In a motion filed in federal court, the lawyers said the tainted evidence included FBI photos that show no agents shooting at the Branch Davidian complex. The lawyers said some of the pictures came from film negatives that had been copied from other photos, raising the possibility they had been tampered with. …….. J. Michael Bradford, the U.S. Attorney in Beaumont, Texas, said the Justice Department had no immediate comment. "I will have to look into it," he said, "It sounds as if it is a complicated accusation that will require that we obtain some records and documents. I'm not in a position to comment until we can check on all of it." …….. The seven rolls have been cut into strips. One of those rolls includes duplicates rather than original negatives, except for a five-frame strip of that roll, the motion said. It is "Roll No. 1" that covers the critical period of time when an infrared video camera on a separate FBI surveillance plane recorded some flashes…….The resolution of prints made from anything other than original negatives would not be as clear, the motion said. ……"

POST Dispatch NET 3/16/00 Terry Ganey, William Freivogel "…… During the period leading up to the fire, Caddell said there were four major time gaps of about five, eight, 11 and eight minutes during which no photos were taken. The gaps are suspicious, Caddell said, because the photographer had said he took pictures at the rate of two or three per minute. The gaps occur when agents were inserting gas into the complex and ramming it with tanks. At the same time, dozens of flashes appear on the infrared video tape. The fact that no photos were made of this activity "raises the likelihood that there are several rolls of film missing from the evidence turned over by the government to the court," Caddell said. ……"

Dallas Morning News 3/17/00 AP "……Sheriff Jack Harwell, whose 40 years with McLennan County included mediating negotiations between David Koresh and FBI agents during the 1993 Branch Davidian siege, died Thursday of an apparent heart attack in his Robinson home. He was 71. Sheriff Harwell, whose tenure as a sheriff was the third-longest in the state, was nine months from retirement. He became sheriff in 1973 after the death of Sheriff C.C. Maxey. The flags at the McLennan Courthouse were at half-staff Thursday, and Sheriff Harwell's deputies placed black tape over their badges. Co-workers described him as a man who always had the time to listen. …….The sheriff was thrust into the forefront during the 1993 Branch Davidian siege, serving as a mediator between Mr. Koresh, whom he had known for years, and FBI negotiators. During that time, he fended off criticism that his department did too little to investigate child-abuse allegations against Mr. Koresh. ……"

The Dallas Morning News 3/16/00 Lee Hancock "…… DAVIDIAN ALLEGATIONS Here are some of the allegations by attorneys for the Branch Davidians and their survivors, who say evidence provided by federal agencies from the Waco standoff is flawed, suspect or missing:

1. Infrared recordings made from an FBI aircraft on April 19, 1993 …….. The FBI has changed its account of how much videotaping was done, telling a federal court in 1998 that tapes were recorded only after 10:41 a.m. that day. Last fall, FBI officials acknowledged that tapes had been found from as early as 5:51 a.m..…. The sect's recording expert found that infrared tapes labeled originals by the government contain what appear to be lengthy erasures of key audio tracks and other anomalies.

2. The FBI's still photographs taken from another aircraft on April 19, 1993 ......,Most original negatives are missing from a 36-frame roll of film taken in the hour before the Davidian building burned. Two images from duplicate negatives sent to the court, labeled frames 31 and 36, contain the same image. Prints sent to the sect's lawyers contain a different image for frame 36......., A photographer who took the pictures testified that he shot about 10 rolls of film that day but that only seven were turned over to the federal court…… The rolls that were submitted contain suspicious, lengthy gaps among the photos taken in the crucial last 30 minutes before the compound caught fire.

3. Audio recordings made from FBI surveillance devices inside the Branch Davidians' building ……. One key tape from the period just before the compound fire contains electronic "start" signatures that suggests it was made by as many as three different tape recorders....... All of the tapes presented as originals contain signals usually caused by high-speed dubbing devices.......... Although a government expert said he examined each of those tapes last fall and placed his initials on their original labels and the evidence bags that held them, none of the tapes submitted to the court contain the experts' initials.

4. A pyrotechnic gas grenade missing from the Texas Rangers' evidence lockers ……The Department of Public Safety photographer who took the picture of the device made field notes indicating that it was found in front of the compound, not at its side. The FBI has said that its agents fired the device away from the sect's building.

5. Police "flash-bang" distraction devices misidentified and mislabeled by the FBI laboratory …… The Rangers' report on its evidence inquiry said seven of the devices, which emit a loud noise and flash, were found inside or just outside the burned compound. Six of the devices were identified by the FBI laboratory to be metal tubing, silencers or spent smoke grenades….."

The Dallas Morning News 3/16/00 Lee Hancock "…… DAVIDIAN ALLEGATIONS Here are some of the allegations by attorneys for the Branch Davidians and their survivors, who say evidence provided by federal agencies from the Waco standoff is flawed, suspect or missing: ……6. Missing DPS crime-scene film ….* The Rangers said they've found that one roll of crime-scene photos turned over to the FBI in 1993 is missing. The discovery was made after negatives from the photos were returned to the DPS last fall. The roll of film includes photos taken of the cinderblock room, or "bunker," where bodies of most of the Branch Davidian women and children were found after the siege. ......"

The New York Times 3/18/00 Jim Yardley Ross Milloy "….. Early this Sunday, a select group of government officials and private lawyers will meet at nearby Fort Hood, the nation's largest military base....... The exercise is intended to address one of the unresolved mysteries of the Branch Davidian standoff, an episode widely regarded as one of the most troubling in American law-enforcement history. On that final day, an infrared aerial surveillance video by the Federal Bureau of Investigation captured unexplained "flashes" near the compound just before the fire erupted. …….. "If we are right, and if we prove there is gunfire, the implications go far beyond the whole issue of just whether the Davidians were killed or not," said Michael Caddell, the lead lawyer for the Branch Davidians…… Once completed, the new footage will be compared to the FLIR video account of the fire. Mr. Caddell believes that the staged gunfire will produce flashes similar to those recorded on the original video and confirm his contention that agents fired into the compound…… Mr. Caddell, however, said he planned to release copies of the video as soon as Monday so that the public can draw its own conclusions. "The reality is that people are going to make up their own minds on this," Mr. Caddell said. …."

The New York Times 3/18/00 Jim Yardley Ross Milloy "….. " Since the fall, Mr. Danforth's 68-person staff has sifted through piles of evidence and examined weapons and bullet casings used by federal agents during the standoff and fire. In January, Mr. Danforth moved to perform toxicology test on the tissue and bones of those who died to determine if they were affected by the tear gas pumped into the compound….. "It shows the court takes the case very seriously and is looking for every opportunity to let the parties get to the truth," said Bill Johnston, a former assistant United States attorney, who was intimately involved in the Branch Davidian case before he resigned earlier this year to enter private practice. ………Danny Coulson, the deputy assistant director of the F.B.I. at the time of the standoff, acknowledged that the field test could further inflame speculation by conspiracy theorists and others critical of the government. Mr. Coulson himself disputes allegations that F.B.I. agents fired weapons. But he said the test was essential if the F.B.I. wanted to finally expunge any public doubts about the agency's role….."

ABCNEWS.COM 3/17/00 Beverley Lumpkin "…….The people participating in the test will be dressed in the same kind of clothing as on April 19 because at various times the plaintiffs have claimed that agents wore clothes that didn't show up on FLIR, to counter government arguments that the FLIR flashes couldn't represent gunfire because no human figures are shown firing any weapons at the time of the flashes…….. Bradford noted that the April '93 FLIR shows flashes without people. "Our position is, if there were people firing, you would see them." He said the test could help if it shows, as he believes it will, that when people are present they do show up on FLIR. Bradford said, "we may not have an absolute answer" as to what the flashes are, but they know it's not gunfire. One weapon that the judge ordered to be included in the test is an MK19, which ABCNEWS' Jack McWethy describes as a rapid-fire grenade launcher, or a grenade machine gun, that cannot be shoulder-fired but has to be mounted. Bradford says it requires a crew to operate and was not in the arsenal of the FBI or its Hostage Rescue Team. However, one of the plaintiffs' experts, Edward Allard, believes the flashes on the FLIR came from an MK19. Bradford thinks it's possible that the MK19 will in fact produce a flash on the FLIR - which some Justice and FBI folk fear will really muddle the results. But Bradford points out that it's likely the weapon itself would show up because it heats up as it fires, and the FLIR shows warm objects. Bradford believes most weapons' muzzle blasts are too short to show up on the FLIR, as it captures images one frame at a time, but the MK19 with its longer muzzle blast may well show up. So, ironically, it's possible the plaintiffs may claim after the test that it was Delta Force firing weapons at Waco!….."

 

The Dallas Morning News 3/29/00 Lee Hancock David Jackson "……The disclosure was made as lawyers for the sect questioned U.S. Attorney General Janet Reno under oath Tuesday about whether the FBI commanders exceeded their authority in their handling of the final tank-and-tear-gas assault on the sect's embattled home near Waco. Lead Davidian lawyer Michael Caddell of Houston said after the two-hour deposition that he believed that Ms. Reno was "less than candid" in answering questions about whether the FBI commanders had decided without authorization to begin demolishing the compound. He told reporters that Ms. Reno said she believed that the massive damage inflicted by government tanks to the back side of the sect's building was not a planned demolition. Instead, she testified, the destruction was only collateral damage caused by the FBI's efforts to get tear gas into the building. "The problem is that she's testified before Congress and has said there that there wasn't demolition," Mr. Caddell said. "We finally got her to admit that demolition of the building absent some emergency would have required communication to the FBI's leadership, and that wasn't done." ….."

The Dallas Morning News 3/29/00 Lee Hancock David Jackson "……The office of special counsel John C. Danforth has called an FBI tear gas expert involved in the Branch Davidian siege to testify before a federal grand jury in St. Louis, according to federal officials and lawyers involved in a civil case arising from the 1993 standoff. ….……In a previous round of depositions on Monday, Mr. Caddell and another lawyer for the sect said, a Quantico, Va.-based FBI technician responsible for maintaining the bureau's supplies of tear gas and other chemical agents acknowledged that he was questioned for more than an hour on March 21 before a federal grand jury. ……… But other federal officials familiar with ongoing Davidian inquiries said they believe that the FBI technician is the first bureau employee to be summoned to a grand jury since Mr. Danforth began his inquiry last fall…….. It remains unclear whether the federal grand jury that heard the technician's testimony is a regularly scheduled panel or was specially called to consider evidence of possible criminal violations arising from the Davidian inquiry. Federal prosecutors frequently use grand jury subpoenas to compel testimony from reluctant or evasive witnesses. Officials in Washington said they believed the technician was asked to testify before the federal grand jury after refusing to speak with Mr. Danforth's investigators unless compelled by subpoena. One federal official said the technician demanded a subpoena after being subjected to two days of intense grilling by congressional investigators re-examining the Waco incident. ……James Brannon of Houston, one of several lawyers representing families of sect members in the wrongful death lawsuit, said the technician refused to divulge details about his grand jury appearance during his Monday deposition. Mr. Brannon said the technician did acknowledge, however, that he appeared before the grand jury one day after he was questioned for more than six hours by Mr. Danforth's investigators………..

The Dallas Morning News 3/29/00 Lee Hancock David Jackson "……A recent report by the Texas Rangers also has suggested that one spent pyrotechnic gas grenade was fired from an area that FBI agents previously denied such devices were used. That spent device was photographed by a Texas Department of Public Safety photographer just after the siege ended but then disappeared. ………. The testimony of the FBI technician may not fully resolve such questions. He indicated that he was aware that pyrotechnic tear-gas grenades were brought to the siege, but he was not involved in their deployment or use, said a federal official familiar with his account. He has said that he was assigned solely to stock and resupply tanks used to spray nonpyrotechnic tear gas into the compound on April 19, a federal official said.

The Dallas Morning News 3/29/00 Lee Hancock David Jackson "……Mr. Caddell and Mr. Brannon said that Ms. Reno acknowledged in her Tuesday deposition that the plan she approved for gassing the compound did not authorize the use of such pyrotechnic tear gas or "flash-bang" distraction devices. A number of spent flash-bang devices, which explode and can cause fires, were found in the wreckage of the sect's home, but government officials have insisted that none were fired on April 19. FBI agents fired flash-bang grenades earlier in the standoff, and agents from the federal bureau of Alcohol, Tobacco and Firearms used at least one in the botched raid that began the 1993 standoff. ……….. Mr. Caddell said Ms. Reno testified Tuesday that she was never told that the FBI's Waco commanders did not plan to try to fight a fire if one broke out during their tear-gas operation. ………..He said the attorney general also acknowledged that she was never told about a Florida company's offer to provide Czech-made, remotely controlled armored fire-fighting equipment for use in Waco. Mr. Caddell said the former U.S. distributor of the Czech equipment said he was repeatedly rebuffed when he tried to offer FBI officials free use of the equipment during the 1993 siege……"

Public Action, Inc. 3/20/00 Carol Valentine "…….As you know, the US wants the American public to come to "closure" on the Waco Holocaust. And what better way to do this than to show that surviving Davidian Clive Doyle and the other Davidians have come to closure? ……. With volunteer labor and donated materials, Clive and the patriots -- let's call them "the happy campers" -- are building a new Davidian church on the old killing fields while the murderers continue to run our country……… The subject of the video is a November 28, 1999, demonstration by a single man against "the cover up church" outside the gates of the Mt. Carmel Center.
The protester had the foresight to ask a colleague to videotape the demonstration. This video, called "X: A True Revelation," is now available to the public. When you get your copy, you will see that:
* Clive Doyle objects to free speech on the cover-up church and threatens to call the McLennan County Sheriff's Department to remove the protester,
* Clive Doyle challenges the protester to a fist fight,
* The Sheriff's department sends A HELICOPTER and three squad cars to arrest the protester, who is unarmed! It's all there on the video!
* The protester is arrested while demonstrating on public land outside the Mt. Carmel Center, * During the confrontation, one of Clive's happy campers boasts that he helped soak the American flag in the blood of the world.
We know that the video addresses an issue of substance because the incident it documents resulted in these remarkable incidents:
* On March 12, when the protester was again outside the Mt. Carmel Center, he received a death threat from a Clive Doyle supporter who cocked a 9 mm semi-automatic at him.
* The sheriff's department refused to take a report of the assault, telling the man that "you were warned to stay away" from the Mt. Carmel Center.
"If something happens [that is, if the murder threat is actualized], we'll go from there with it," the Sheriff's department said.
* The sheriff's department threatened the protester with arrest if he ever returns to the area *outside* the Mt. Carmel Center to protest, saying that demonstrations outside the Mt. Carmel Center are "against the law" because the sheriff's department says so.
"X: A True Revelation" has been produced by the protestor, a man who calls himself Andrew X98......."

CBS Market Watch 3/28/00 Michelle Mittelstadt ".......An FBI sharpshooter who is the only named defendant in the wrongful-death lawsuit filed against the federal government by relatives of Branch Davidians killed in the 1993 Waco siege should not be dismissed from the case, one set of Davidians said in a court filing Monday. Most of the plaintiffs, who are represented by lead counsel Michael Caddell, moved earlier this month to dismiss their case against Lon Horiuchi, saying there was "no credible" evidence he fired shots at the Davidians. .......... But another group of Davidians, represented by former Attorney General Ramsey Clark, said in a filing Monday in federal court in Waco, Texas, that it would be "premature" to dismiss Horiuchi, who gained notoriety in 1992 when he killed the wife of white separatist Randy Weaver during a standoff at Ruby Ridge, Idaho. "The facts are not fully known and are being developed," the motion says, noting the government's conduct at Waco remains under "intense investigation." "It may well turn out that government agents fired at Branch Davidians on April 19, 1993, and engaged in other serious misconduct, including coverup and spoliation of evidence," the Clark-represented group contends, offering no evidence to back up their charges. ......."

Reuters 3/28/00 "......Lawyers representing family members of the Branch Davidians accused U.S. Attorney General Janet Reno of being less than candid during a portion of her deposition on Tuesday about the 1993 siege in Waco, but the Justice Department swiftly denied the accusation....... ``I really think the only issue where we felt she was less than candid was on the demolition issue,'' Caddell said, referring to whether there were orders from any level of the government to demolish the compound....... ``She is convinced that what was happening was incidental to the tear gas insertion process but I think it's clear that she never gave approval for demolition, if in fact that's what happened,'' said Caddell, who has filed a wrongful death lawsuit against the government. ....."

Newsday.com 3/28/00 Michelle Mittelstadt AP ".....Attorney General Janet Reno testified Tuesday that she never gave approval for tanks to demolish the Branch Davidians' compound near Waco, Texas -- and does not believe the FBI intentionally did so -- say lawyers for the sect who deposed her for their wrongful-death lawsuit against the government. But the Davidians' lead counsel, emerging from the rare deposition of an attorney general, said Reno was less than forthcoming in discussing whether the FBI intended to dismantle the complex during its tear-gassing operation -- an interpretation rejected by Reno's aides. ''The only issue where we felt that she was less than candid was on the demolition,'' Houston lawyer Michael Caddell said outside the Justice Department. ''The problem that she's got is she testified to Congress in 1995 that the damage done to the building was the result of tear-gas insertion. And I think it's very difficult for her to back off of that testimony.'' ......."

Newsday.com 3/28/00 Michelle Mittelstadt AP ".....Although congressional hearings that year on Waco were overwhelmingly supportive of Reno, her decision to use tear gas was sharply questioned during hearings in 1995, the first year the Republicans controlled Congress. And then the issue faded largely from view until last August, when the government was forced to acknowledge that the FBI had used potentially incendiary tear gas canisters despite Reno's orders to the contrary. Reno acknowledged Tuesday that the operations plan she approved did not authorize the use of pyrotechnic tear gas, flash-bang devices inside the Davidians' Mount Carmel retreat, or building demolition, Caddell said. ''She also testified she was never told ... that there would be no plan to fight a fire at Mount Carmel should one develop,'' he said. ...."

Newsday.com 3/28/00 Michelle Mittelstadt AP ".....Bradford declined to discuss Reno's testimony, saying the federal district judge presiding over the case ordered depositions sealed for 30 days. ''The judge has expressed a fairly strong preference that we not get into a public debate over depositions, so I do not want to go point-by-point through the deposition,'' he said. Caddell said he will release both Reno's deposition and a videotape of the proceeding in 30 days. The attorney said he does not hold Reno responsible for any negligence at Waco. ......"

Waco Tribune-Herald 3/28/00 Tommy Witherspoon "......The judge in the Branch Davidian lawsuit against the government on Tuesday dismissed a controversial FBI sharpshooter as the lone individual defendant remaining in the wrongful-death case. Granting a motion from the majority of plaintiffs, U.S. District Judge Walter S. Smith Jr. of Waco threw Lon Horiuchi out of the case........ On Monday, another group of Davidians represented by former U.S. Attorney General Ramsey Clark asked Smith in a motion to keep Horiuchi in the case. Government attorneys on Tuesday asked Smith to exclude from the trial, which is set to begin May 15, expert witnesses designated by Clark and his clients, alleging that Clark's plaintiffs were dismissed from the suit in Smith's July order. "... because [Clark's] plaintiffs' actions have been dismissed, they are in the same position as if their suits had never been filed and, therefore, they do not have the right to participate in this action," the government motion alleges. ...."

St Louis Post-Dispatch 4/17/00 William Freivogel Terry Ganey "…..The government acknowledged in a court filing Monday that it is missing 30 original negatives from the first of at least seven rolls of film shot by an FBI photographer who circled 1,000 feet above the complex in a Cessna surveillance aircraft. The government, however, does have prints of the missing negatives and the original contact sheet of the negatives.. ….."

St Louis Post-Dispatch 4/17/00 William Freivogel Terry Ganey "…..One strip of original negatives from that first roll of film has been turned over to the federal court that is hearing the Branch Davidians' wrongful death suit against the government. That strip contains a key photograph that appears to have been taken at 11:24 a.m., within seconds of flashes on the video. That photograph shows no agents in the vicinity of the flashes………. The department said that the strip of original negatives with the photo from 11:24 a.m. was separated from the missing original negatives when Congress requested it as part of its 1995 investigation of Waco. ………. A document analyst with the Special Photo Unit of the FBI, identified only as "ALS," found that the negatives were missing around April 1997. The FBI then made a duplicate set of the negatives from photographs and marked them with the notation "originals lost." ……"

Public Action, Inc. 4/17/00 Carol A. Valentine "…….April 17, 2000--Thanks to the American Civil Liberties Union, a Waco man will be protected by the McLennan County Sheriff's Department on April 19 when he demonstrates outside the Mt. Carmel Center in Waco. Up until today, the sheriff's department had been threatening to arrest the man……… Andrew will direct the public's attention to what he calls "the cover-up church," a new chapel presently being built on the Mt. Carmel property. For more information on the "cover-up church," see: http://www.public-action.com/SkyWriter/WacoMuseum/burial/doc/x98_rev.html ….."

BBC 4/15/00 "………Janet Reno: Harvard graduate who struggled to the top Janet Reno, the first woman US attorney-general, began her tenure in the spotlight over the siege of the Branch-Davidian cult at Waco in Texas. Now, as she nears the end of her period in office, the case of Elian Gonzalez has thrown her into the headlines again. She has been quoted as saying that she remembers every day of her life the disaster at Waco, when more than 80 people died as federal agents stormed the cult's headquarters. "I made the decision. I'm accountable. The buck stops with me," she said at the time, silencing some of her critics with her characteristic bluntness. ……"

BBC 4/15/00 "………The Elian case is also close to her heart because the drama is taking place in Miami, where she grew up and served as a prosecutor. "It is a community I was born in, raised in. It is a community I love. And when it's hurting, it hurts me," she said. As in the Waco instance, however, her handling of the case has been questioned, following her continued failure to get the family to hand over the child……."

http://www.wizardsofaz.com/waco/fatalflaw.html Congressional Hearings:
"……Dan Maloney, KWTX-TV, Waco: We were sittin' there and ATF agent said "Newsman, newsman, call an ambulance, we need an ambulance." John got back into the car and just as he was reaching the car . . . a bullet came through the door jam. He dove into the car and made the phone call . . . And we had to physically make the phone call. And this is to my understanding that this is first time an ambulance had been called. This was well into the gun battle. For some reason they didn't have any communications, why would we have to call an ambulance? …..

James Cavanaugh, ATF Special Agent: Nobody was going to get us out. The McLennan County Sheriffs office, who always did a good job, in this case, could not get us out of this. We couldn't call 91 1; I mean we couldn't call anybody. …..

Bill McCollum, US Congress, Florida (R): Well it just seems interesting to me that they didn't even have telephones or communications to get that 911 communication back and forth, that Wayne Martin had from inside the compound for 20 minutes to try and stop the shooting. But at the same time they had fax machines, telephones and computers and were ready for whatever PR (public relations) they had that that was a mighty strange operation to say the least, it's certainly a fatal flaw, not to pun a word……."

The Knox News Sentinel 4/14/00 Frank Cagle "…..News accounts have noted that using members of the U.S. military against American civilians is prohibited by law without the express permission of the president of the United States. Even though the Delta Force members were there in an advisory capacity, a technical violation of the law may have occurred. This is a matter of concern because throughout our history we have kept the military under civilian control, and the times that military forces have been deployed against our citizens are extremely rare and have generally been regarded as black marks against our civilian leaders……. But is there a larger truth here that is being ignored? If federal law enforcement officers launch an attack against civilians and:

* They are wearing black uniforms, combat boots and flak jackets;
* They are carrying M-16 rifles and M-60 machine guns;
* They are being transported in helicopter gun ships;
* They are operating tanks and armored personnel carriers;
* They are firing tear gas canisters;
* They employ snipers;
* They are being directed by a command and control center;
* They have been trained by Delta Force officers and use military tactics and, indeed, have Delta Force advisers on the ground during the operation;

Then in what sense are these federal officers not an army? ……Under the conventions of journalism, reporters parrot government language. It is not permissible for journalists to call FBI forces an army because the government does not call its forces an army. ………… . "

Dallas Morning News 4/6/00 Lee Hancock "……. Armed with new testimony from Attorney General Janet Reno defending the FBI's actions at the end of the Branch Davidian siege, Justice Department lawyers again asked a federal judge Wednesday to dismiss most of the sect's lawsuit against the government. …… "There was a recognition that the people who were on the scene could see what was happening where we could not see what was happening in Washington, that they should be in operational control," Ms. Reno testified. "Any time you effect an arrest. . . . and try to ensure the safety of everyone, there are going to be variables, and the on-scene commanders would be responsible for dealing with those variables as they developed." Under federal law, the government's motion argued, officials given such discretion cannot be challenged or held liable in civil litigation "even where such discretion has been abused." The motion added that even "negligent or wrongful acts" are protected, as well as any failure to consider alternatives - even those that lawyers for the sect have argued might have saved lives. "Thus, even if the on-scene commanders were negligent or abused their discretion by deciding not to have armored firetrucks - or any other specific equipment - available, those decisions would fall within the exception," the government's motion argued. The motion contended that the same legal protections would extend to the FBI commanders' decisions about how to use tanks on April 19, including their orders sending tanks deep into the sect's building. ……."

Dallas Morning News 4/6/00 Lee Hancock "……. Mr. Caddell said Wednesday that he will file a motion next week outlining testimony from FBI officials that he contends will support his claims that sending tanks into the building violated the approved gas plan. ……… "There is a clear conflict with their testimony," Mr. Caddell said. "Are these four ex-FBI directors and assistant directors telling the truth or is Janet Reno, who's still trying to cover up and still trying to put a bigger spin on the biggest disaster of her tenure? Is Janet Reno being honest and truthful and straightforward? No. She's being evasive." ……"

Washington Post 4/6/00 David Vise "……. Attorney General Janet Reno acknowledged in a videotaped deposition last week that FBI agents operating near Waco, Tex., lacked authority to use potentially flammable tear gas devices or to demolish the Branch Davidian compound that went up in flames in April 1993, leaving 75 people dead. .......... Now, in her first sworn civil testimony as attorney general, Reno has indicated that the armored vehicles equipped with battering rams at Waco were attempting to puncture holes in the Davidian compound, rather than trying to destroy it. But she also made clear she was not consulted on independent actions taken by FBI agents that eventually led to the destruction of the compound's gymnasium and other portions of the building……..Reno also acknowledged that no emergency conditions existed that would have permitted demolition of the building or the use of flammable devices at the discretion of FBI agents without her approval or that of senior FBI officials in Washington......."

Washington Post 4/6/00 David Vise "……. Caddell said yesterday that he showed Reno documents she had never seen before showing that FBI agents were attempting to destroy the back side of the Davidian compound. He said that Reno, who went to deliver a speech in Baltimore while the raid was taking place, was ill-informed about what occurred and failed to conduct an exhaustive investigation in the aftermath. "She went before Congress and she defended the actions that took place on the back of the building without having done an adequate investigation," Caddell said. "She is now in a 'See no evil, hear no evil, speak no evil' position."......"

Associated Press via Yahoo 4/5/00 Michelle Mittelstadt "…….The Justice Department is asking the judge presiding over the Branch Davidians' wrongful-death lawsuit to throw out most of the plaintiffs' claims, among them that the government bears responsibility for the fire that incinerated the sect's retreat. ……. The government is asking U.S. District Judge Walter Smith to throw out three major aspects of the civil lawsuit - that federal agents erred in not bringing in armored firefighting equipment; that they wrongly held back firefighters as the compound burned; and that the use of tanks to push into the compound deviated from the operations plan approved by Attorney General Janet Reno. ......... The plaintiffs' lead counsel, Michael Caddell, said the Justice Department is overreaching in its interpretation that all of the decision-making that occurred during the siege falls within the commanders' discretionary authority. ``There were decisions made at the highest levels of the FBI leadership which were either violated or not followed ... by the on-scene commanders,'' Caddell said. ……… The transcript suggests the deposition, marked by frequent objections by Reno's lawyers, was testy at times. Clearly exasperated after asking Reno the same question several times, Caddell told her: ``You grew up in America, correct? You have used the English language all your life?'' Replied Reno: ``If you will just ask it to me again, maybe I can try to answer it.'' ….. The trial on the lawsuit is to begin June 19. ……"

The Dallas Morning News 08/27/99 Lee Hancock "......A former CIA officer said Thursday that he learned from Delta Force commandos that members of the secret Army unit were "present, up front and close" in helping the FBI in the final tear-gas assault on the Branch Davidian compound……. The former officer, Gene Cullen, told The Dallas Morning News that he heard the detailed accounts of the military's active involvement from "three or four" anti-terrorist Delta commandos as he worked with them on an overseas assignment in 1993……."Whether it's the macho-bravo-type talk of guys in the field, I don't know," he said, declining to identify the individuals involved. "I have no reason to suspect that they lied. And it didn't just come from one of them. There were three or four guys that confirmed that, who were from Delta."……In the months after the Waco tragedy, Mr. Cullen said, he heard from associates in Delta Force that the secret unit's involvement there amounted to far more than observation or tactical discussions….."

The Dallas Morning News 08/27/99 Lee Hancock "......While he was deployed overseas on an assignment, Mr. Cullen said, Delta operators told him that the unit "had 10 operators down there, that they were involved in the advanced forward stages of [the FBI's April 19] operations." …."When they explained to me the depth to which they were involved down in Waco, I was quite surprised. They said basically they were out there in the vehicles, the Bradley [fighting vehicles], the CEV [tanks]," he said. "They were active." …… The chairman of the Texas Department of Public Safety told The News on Thursday that evidence in the hands of Texas law enforcement personnel may support the account given to Mr. Cullen. ……I'm advised there is some evidence that may corroborate" the allegation that Delta Force participated in the assault, said James B. Francis Jr., the DPS official. …….......Mr. Francis said evidence in the hands of Texas law enforcement suggests that more than three Delta Force members were at the compound on April 19 and involved in the assault…….."I have been advised that there are some police officers who have developed some evidence that needs looking into with regard to what the role of Delta Force was at the Branch Davidian compound," he said, declining to elaborate….."

The Dallas Morning News 08/27/99 Lee Hancock "......"I think it's a subject that the FBI director and the attorney general need to look into," Mr. Francis said. "The $64 question is whether they were advisory or operational, and I think some of the evidence is problematical." ……....... Mr. Cullen, who said he worked as a CIA case officer from the 1980s to 1995, said Special Forces experts watched events near Waco with interest immediately after four federal Bureau of Alcohol, Tobacco and Firearms agents died trying to serve search warrants at the Branch Davidian compound……..At the time, he said, he was a supervisor in the CIA's special operations group and had frequent contact with members of Delta Force, Navy Seals and civilian tactical experts such as the FBI's hostage rescue team………Before joining the CIA, he said, he worked as a deputy U.S. marshal, so he was particularly interested in exploring the problems faced by civilian law enforcement near Waco. …….A CIA spokesman on Thursday refused to confirm or deny whether Mr. Cullen ever worked for the agency, in accordance with policy. The U.S. Marshals Service confirmed that he worked for that agency in the early 1980s. Mr. Cullen said he left the CIA to take over his family's construction firm……"

The Dallas Morning News 08/27/99 Lee Hancock "......Since he resigned, Mr. Cullen has appeared on the PBS documentary program Frontline to discuss his involvement in the Special Forces' operations in Somalia, a deployment that ended in tragedy when U.S. Army Blackhawk helicopters were downed and Special Forces soldiers died in a Mogadishu gunbattle…….. Immediately after the Branch Davidian standoff began, Mr. Cullen said, he learned from associates within the CIA and Special Forces that the FBI had called in Delta Force personnel "as observers." ……. "The bureau was very concerned. They weren't quite sure what David Koresh had inside that building anyway," Mr. Cullen said. "They were leaning on Delta. If there was something that blew up in their faces, they were interested in having Delta on the scene to respond and be fully equipped, operational and ready to go on a moment's notice." ……… In mid-March 1993, Mr. Cullen said, officials with his group called a meeting of about 20 special operations experts, including FBI and Delta personnel, to discuss Waco because it represented a useful case study on how tactical experts might respond to hostage situations. …….."

The Dallas Morning News 08/27/99 Lee Hancock "......He said he proposed using chemical agents to render the Branch Davidians unconscious so the compound could be taken without violence. ……"If you pump tear gas into the building, everybody's going to get their gas masks," he said. "You're giving them time to prepare for something." ……. FBI officials have testified before Congress that some form of anesthetic gas was briefly discussed but was ruled out near Waco because of the potential threat to children and weak adults. …… Mr. Cullen said that he attended no other formal meetings on Waco but that he later learned in conversations with special operations colleagues that authorities had ruled out any operation that involved sending personnel into the compound. …… "It was more 'contain 'em. We're going to get em out.' There wasn't any type of talk about trying any type of rescue," he said….."

The Dallas Morning News 08/27/99 Lee Hancock "......Documents released under the federal Freedom of Information Act to a Tucson, Ariz., lawyer indicate that the military's Special Forces Operations Command at MacDill Air Force Base in Florida was heavily involved in helping the FBI in Waco. Military personnel provided technical and equipment support, the defense records indicate. …….The command oversees Delta Force, Navy Seals and other units…….A May 1993 Special Forces memo stressed that the military in Waco played only "a supporting role." It was written by an officer who helped the FBI persuade the attorney general to approve the tear-gas assault………The officer, whose name was blacked out, stated that the discussions with Ms. Reno before the assault did not include any mention of "the use of the military." ……The memo stated that Special Forces observers who stayed in Waco through April 19 understood the legal restrictions on their activities......"….."

St Louis Post 3/29/00 Terry Ganey "....The office of Special Counsel John Danforth called an FBI expert to testify before a grand jury in St. Louis last week after the man said he wanted to be subpoenaed before answering any more questions about Waco, federal officials said Wednesday. ......The expert was Monty Jett, who supervised the reloading of canisters that were used to insert tear gas into the Branch Davidian complex during the government's attempt to roust the Davidians on April 19, 1993. Jett, who works at FBI offices in Quantico, Va., was unavailable for comment Wednesday. Danforth's office refused to comment. .....Federal sources said Jett was the first FBI agent involved with Waco to be brought before a grand jury. In the past, agents have appeared voluntarily to answer questions posed by Danforth's investigators and lawyers at the special counsel's offices at 200 North Broadway. ...."

St Louis Post 3/29/00 Terry Ganey "....Jett was questioned before the grand jury for slightly more than an hour on March 21, sources said. The day before, he was questioned by Danforth's staff from about 10 a.m. until 3:30 p.m. ………. FBI agents who have been questioned at Danforth's offices before have described exhausting, daylong sessions. Some agents have also complained about answering questions without the benefit of legal advice. By appearing before a grand jury, Jett would be entitled to legal representation from the government, one official said. Congressional investigators questioned Jett for two days earlier this month. He was also deposed on Monday by lawyers who represent some of the surviving relatives of Branch Davidians who died during the government's siege. The survivors have filed a wrongful death suit against the government. During the last day of the government's siege, Jett played a supporting role in the plan to use tear gas to force the Davidians out of their complex. He supervised the recharging of the gas canisters mounted on converted tanks. Compressed gas was delivered through the tanks' booms that punched holes in the walls of the sect's complex. ……"

3/31/2000 Dallas Morning News Lee Hancock "….. The federal wrongful-death case arising from the Branch Davidian siege will be delayed until mid-June to allow more time to study results from a field test aimed at determining whether government agents fired at the end of the 1993 incident, sources said Thursday. U.S. District Judge Walter S. Smith also indicated that he will hold a hearing in April to determine whether the government should be fined for what the sect's lawyers allege is a pattern of mishandling or withholding critical evidence from the incident, sources close to the case said. ………. "

3/31/2000 Dallas Morning News Lee Hancock "….. But both sides have said that they believe the firm [Vector] may be experiencing difficulties similar to those that their infrared experts have faced in analyzing digitally computerized copies of the test data………. Officials said they expected to obtain better, videotaped copies of the original test recordings within the next few days from the U.S. District Court in Waco, where they were transferred after the Fort Hood experiment. ……… But lawyers for the sect have argued that key evidence that the government has used to bolster their account of what happened in Waco can't be trusted. They have complained in a series of increasingly caustic motions that the government has consistently ignored court discovery deadlines and has then sent them copies of key photos and audio and video recordings that have been altered or tampered with……."

3/31/2000 Dallas Morning News Lee Hancock "….. The judge's decision to hold a hearing in April means that government officials involved in the siege will be called to answer those allegations as well as charges that key photographs and other evidence are missing. "It should be noted that the tapes and photographs at issue have been made [available] to various individuals and entities during the course of the . . . [1994 Davidian] criminal trial, congressional hearings and investigations in 1993, 1995, 1999 and the OSC [office of special counsel] investigation. It may be impossible, ultimately, to locate all originals or confirm whether the available tapes are in fact originals" Justice Department lawyer Marie Hagen wrote in a March 24 motion……….But Michael Caddell, lead lawyer for the sect, has said that the volume of missing or altered evidence from April 19 is too great to be coincidental. He has argued that what he and his investigators and experts have already identified as missing or altered from the final day of the standoff suggests a calculated effort to sanitize anything that might reflect badly on the government or the FBI…….."

AccessWaco 3/31/00 Tom Witherspoon "….. The judge in the Branch Davidian lawsuit against the government on Tuesday dismissed a controversial FBI sharpshooter as the lone individual defendant remaining in the wrongful-death case. Granting a motion from the majority of plaintiffs, U.S. District Judge Walter S. Smith Jr. of Waco threw Lon Horiuchi out of the case. Lead plaintiff attorney Mike Caddell of Houston earlier this month asked the judge to dismiss Horiuchi, saying there was no "credible evidence" that he fired shots from his sniper's post at the Branch Davidians on April 19, 1993. Government officials have denied that any federal agent fired into David Koresh's Mount Carmel compound on the final day of the 51-day standoff with government agents. ….."

Express-News 4/2/00 Dick Reavis "…… The 30-page report by Chicago fire expert Patrick Kennedy attempts to find an answer to the question, "Who or what started the fatal fire at Mount Carmel?" Kennedy, head of the world's oldest fire-investigation firm, studied the evidence for plaintiffs in a federal lawsuit who claim government actions led to the wrongful deaths of some 76 people in the blaze……..Kennedy's report notes that since there are few uncontested facts about the Mount Carmel fire, conclusions about it have been drawn from theory. Three theories have driven speculation about the fire's origin and development: Davidian suicide, government malfeasance and government negligence. In reviewing the prevailing theories, Kennedy argues for negligence as a promoter of the fire - but he says nobody today can be sure how the blaze started. ………… If Kennedy's reasoning is accepted by U.S. District Judge Walter Smith Jr. of Waco, who will try the pending wrongful death suit, the result could be a finding that liability for the blaze cannot be determined - and that the fire's cause officially is a mystery......."

Express-News 4/2/00 Dick Reavis "…… On the afternoon of April 19, 1993, when Mount Carmel burst into flames, FBI spokesman Bob Ricks exclaimed, "Oh, my God! They're killing themselves!" - and the theory of Davidian suicide was born. It blossomed overnight. The next day, President Clinton told a news conference that "some religious fanatics murdered themselves." ……….. During the trial, two fire experts, William Cass of the Los Angeles Fire Department and James Quintiere, a mechanical engineering professor at the University of Maryland, testified for the prosecution. Cass and Quintiere were members of separate investigative teams, both of which came to the conclusion that three fires started nearly simultaneously inside Mount Carmel. Fires with multiple origins ordinarily are associated with arson; therefore, the two experts said, the fire at Mount Carmel was suspect. ……"

Express-News 4/2/00 Dick Reavis "……After the trial, the theory of Davidian suicide became official doctrine. ......In 1997, an unusual documentary, "Waco: The Rules of Engagement," made its debut at Robert Redford's Sundance Film Festival. Among its startling claims was that pyrotechnic, or fire-producing, distraction devices had been used at Mount Carmel……. The movie reproduced a still photograph, taken in an FBI crime lab, of a flash-bang that had been found outside Mount Carmel. Either that projectile, or one like it, was found near the corner of the building where, according to Cass and Quintiere, the first of the three nearly simultaneous fires had broken out. Texas Rangers found a second such grenade, the movie reported, in Mount Carmel's dining room area, site of the second locale of the three-point fire theory. ….."

Express-News 4/2/00 Dick Reavis "…… In his sequel, "Waco: A New Revelation," released as a home video last fall, filmmaker Mike McNulty raised new charges. In an evidence locker maintained by the Texas Department of Public Safety, he said he found the remains of six flash-bang grenades - four from inside the building, three of those from locations consistent with the multiple-points theory of the fire's origination. All of these devices had been mistakenly labeled as handgun silencers or gun parts in an inventory of detritus that Texas Rangers had compiled at the scene. ……….. In the wake of "New Revelation," the Government Accounting Office released a long-delayed report revealing the Defense Department had provided the FBI operation at Waco with pyrotechnic, incendiary and high-explosive rounds, all of them suitable for the 40mm grenade launchers agents used to fire nonpyrotechnic ammunition. Late last month, the Texas Rangers reported that in a new search of their holdings, they had turned up yet another pyrotechnic device, and congressional investigators began looking into the possibility that even more were used during the siege. ….."

Express-News 4/2/00 Dick Reavis "……On July 1, Smith ruled the suit could go to trial, and that the court would hear evidence regarding the fire's origin. Smith noted in his order that "there is insufficient evidence at this point for the court to determine, as a matter of law, how the fire was started."…….. To provide a full account of any fire, investigators must establish the presence of three elements: a combustible material, an atmosphere that permits burning, and a source of ignition. ……… The heart of the report is its dissection of the influence that tear gas might have had on the fire. Mount Carmel burst into flames at the end of an operation to saturate it with tear gas, and it burned to the ground in about 20 minutes. Kennedy suspects the gas. ...... The Cass and Quintiere reports, he asserts, "did not comply with the widely accepted standard practices of fire investigation" or "contain adequate information or detail." ……… Two of those survivors, Kennedy reports, saw fireballs inside the building - fireballs that could account for the rapid spread of the blaze as reasonably as the three-point thesis does. ….."

Express-News 4/2/00 Dick Reavis "……Nor does Kennedy rule out pyrotechnic or incendiary devices. "Flash-bang assault devices, M651 tear gas grenades, and 40 mm M583 White Star Parachute rounds were recovered among the fire scene debris," his report says. "These devices were not identified at the scene by the government's fire experts, nor discussed in the government fire report. Not even knowing of the presence of these potential ignition sources precludes their reasonable elimination by the government's fire experts." Because FLIR equipment measures only surface temperature variations, the three hot spots that are keys to the Cass-Quintiere thesis, he argues, are spots on Mount Carmel's roof, not signs of origin. "What we do know about the FLIR images," Kennedy says, "is that they do not show what is happening inside the building." ………"

Express-News 4/2/00 Dick Reavis "……Perhaps most important of all his points, Kennedy notes that the fire at Mount Carmel could not and cannot be revisited. During its waning minutes, FBI drivers used combat engineering vehicles to push debris into the fire. About a month afterward, state authorities leveled Mount Carmel's terrain. "The government's destruction of the fire scene and evidence by the premature bulldozing of the scene ... hampered" all serious investigative attempts, Kennedy says. Given the Gordian knot of theory and the absence of hard facts, the Chicago expert concludes "neither I, nor any fire expert, applying fire investigation industry standards, can determine whether Davidian or government actions actually started the fire." The Kennedy report issues a finding of "unknowability." ........."

Freeper jedediah smith 4/19/00 http://www.spokane.net/stories/1999/Aug/28/S628282.asp: Army experts advised Reno on Waco Jeff Nesmith/Cox News Service ".......... Army terrorist experts, including the commander of the top secret "Delta Force," attended the 1993 meeting at which Attorney General Janet Reno approved use of tear gas against members of the Branch Davidian group near Waco, Texas. It is the first indication that the Delta Force, whose presence at the fatal raid was disclosed this week, was involved in planning the operation. ........ Documents released to Cox Newspapers on Friday by the FBI indicate that Col. William G. Boykin, then commander of the Delta Force, and Brig. Gen. Peter J. Schoomaker, then the assistant division commander of the First Cavalry Division at Fort Hood, Texas, were the previously unidentified officers who told Reno use of "CS gas," a potent form of tear gas, would make the compound "untenable." ........

......... Although it has been previously reported that military officers were were at a meeting at which Reno was advised to approve the use of CS gas at Waco, the names of Boykin and Schoomaker were deleted from an Army memorandum describing the meeting. Both men were among the original captains of the Delta Force when it was established by the late Army Col. Charlie Beckwith and both participated in the failed mission to rescue U.S. hostages from Iran in 1980. ........ The document, which was written on May 13, nearly a month after the fiery end of the Waco standoff, was a synopsis of an April 14 meeting involving Reno, then-FBI Director William Sessions, then-Associate Attorney General Webster Hubbell, two Army officers, an "unknown scientist (expert on CS)" from the Army and several FBI agents. .......

......... "In summary, we assessed that if the objective of the FBI was to make the building uninhabitable, then CS would accomplish that," the memorandum's author -- whose name was also blacked out -- stated. "We stated that it was our belief that if enough CS was inserted, eventually the inhabitants would not be able to remain inside." "Finally, the plan which was executed at Waco was an FBI plan, which neither (name deleted) nor I helped prepare," the memorandum writer said. "At the same time, I did believe that they had a reasonable chance of accomplishing their objective of forcing the occupants out of the building. Their approach was substantially different than anything that I have encountered. They were not assaulting the compound and they were not there to rescue anyone." ......."

Freeper jedediah smith 4/19/00 ".....He was promoted from Colonel to Brigadier General on September 26, 1995 (from http://www.defenselink.mil/news/Sep1995/m092695_m211-95.html). ....... As of June 1999, he was a Major General in command of the U.S. Special Forces (from http://www.cumberlink.com/localnews/1999/06/local.news.6.15.html). ....."

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "......The government knows who leaked word of the deadly assault on the Branch Davidian compound, but seven years later, no one's talking........... The blame game started just after the last body bag was zipped up. Four agents from the Bureau of Alcohol, Tobacco and Firearms and six Branch Davidians were dead........ The ATF certainly didn't want the blame for the February clash -- what should have been a normal execution of a search warrant. So it quickly found a scapegoat. The raid would have gone smoothly, the ATF insisted, if only a journalist hadn't alerted the Davidians that the raid was imminent. Cameraman Jim Peeler of Waco's KWTX-TV had run into David Jones, a Davidian and U.S. Mail carrier, on a rural road near Mount Carmel shortly before the raid. When Jones learned the cameraman was looking for the Davidian residence, Jones raced back to alert Koresh. The bloody clash ensued. Those facts are clear. But one question has never been publicly answered: How did the TV cameraman and other journalists on the scene know the raid was going to happen? The Texas Rangers and the ATF have known the answer for more than a year, and it is disturbing: Media and law-enforcement officials say journalists were tipped off by Cal Luedke, a long-time member of McClennan County Sheriff's Office, who was assigned to support the ATF's raid-preparation team........"

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "........Luedke vehemently denies the charge. But Dan Mulloney, a former cameraman at KWTX has told Salon News and the News of Texas that he learned about the raid from Tommy Witherspoon, a reporter for the Waco Tribune-Herald. "Tommy told me he got it from Cal Luedke," said Mulloney. "Tommy told me it was Cal. No doubt about it." Witherspoon, however, insists he never provided that information to Mulloney.......Although Witherspoon refuses to corroborate Mulloney's claim, state and federal law enforcement officials involved in the investigation say they have evidence that Luedke was the source of the leaks. Those same sources say that Luedke, the former head of the McLennan County Roadrunner Drug Task Force, has even confessed that he provided details on the raid to the media, and that his confession was forwarded to the Department of Justice for possible action........"

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "..........A source close to the investigation says Luedke confessed to federal authorities that he leaked information about the raid, and the transcript and details of his confession were forwarded to U.S. Attorney General Janet Reno's office in Washington. But Reno has apparently refused to do anything with the information on Luedke. By not resolving the Luedke matter, Reno has let suspicions linger about two federal marshals, Mike and Parnell McNamara, who were wrongly accused of informing journalists in advance of the raid. .......Why the ATF chose to proceed with the raid, after the warning by Rodriguez, has never been adequately explained........"

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "........For his part, Luedke continues to insist he had nothing to do with the leak. Confronted outside his home last month by a producer for the News of Texas, he refused to discuss the matter....... When asked if he had lied about his role in tipping the media in his deposition, Luedke replied, "No, I sure didn't." Luedke also denied that agents from the ATF and Texas Rangers ever interviewed him about his role in tipping the media about the raid on Mount Carmel. Despite Luedke's assertions, sources confirm that he was interviewed by both the Texas Rangers and the ATF about the leak. Sources close to the Texas Rangers say the inquiry into the leaks, led by Ranger David M. Maxwell, determined that Luedke was indeed the leaker. The failure to punish or even publicly identify Luedke angers law officers at the state and federal level, who believe that someone should be held liable for the fiasco at Mount Carmel. Indeed, although nine Davidians were sent to prison -- five of them for 40 years -- not a single law enforcement officer has ever faced criminal charges for the events at Waco that ended seven years ago Wednesday. ......."

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "........The Department of Justice's refusal to use the evidence provided by Maxwell has increased the amount of bad blood between the Texas Rangers and the feds........... Representatives of the Davidians say the failure to prosecute or produce records on the Luedke investigation confirms their belief that the government is still hiding information......... Jim Peeler and Dan Mulloney didn't die at Mount Carmel. Nor were they physically injured. But the event has, in many ways, ruined them. It was clear early on that Koresh learned about the raid because Peeler happened to run into David Jones about an hour before the ATF drove onto Mount Carmel property. But Peeler, Mulloney and the other members of the media say they were simply doing their jobs, that they had no idea a gun battle would break out or that their presence helped alert Koresh. Nevertheless, they provided the ATF with a perfect scapegoat: Everyone loves to hate the media. The lawsuits over the botched ATF raid started before the fire at Mount Carmel did. Early that April, an ATF agent filed a suit that was quickly joined by dozens of other ATF staffers against KWTX, the Waco Tribune-Herald and a Waco ambulance company, claiming that their employees were responsible for tipping off the Davidians about the ATF raid. ........"

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco ".....In his first public statements since the end of the civil trial, Peeler said that Jones appeared to be on reconnaissance when they stopped their cars for a brief chat on Old Mexia Road, a few miles west of the Mount Carmel compound. Jones had been doing counterintelligence on the ATF for several weeks, according to findings of the 1993 Treasury Department report. He had repeatedly asked to go inside the undercover house that ATF agents were renting near Mount Carmel, only to be refused by the agents. On another occasion, Jones refused entry to an ATF agent posing as a UPS delivery man who asked to use the bathroom inside the Davidian compound. Jones pointed him to the outhouse.......... During their brief conversation, Peeler told Jones that he was looking for Mount Carmel, and they briefly discussed the series of articles on Koresh that had been running in the Waco Tribune-Herald. While they were talking, both men heard the three National Guard helicopters that were warming their engines at Texas State Technical College, a few miles to the west. The weather that morning was rainy and overcast, factors that helped carry the whine of the massive engines on the two OH-58 Kiowas and one UH-60 Blackhawk to the spot where Peeler and Jones were talking. "He heard helicopters," said Peeler. "I heard helicopters." According to Peeler, the Davidian asked him "Are there helicopters out here? Something's gonna happen out here today. There's too much traffic on the road." Shortly afterward, Jones left Peeler, saying he was heading home to "watch TV and see what will transpire." Jones sped back to the compound and alerted Koresh. He died in the fire that consumed Mount Carmel 51 days later. ......."

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "........By blaming the media for the ATF's botched operation, federal authorities deflected much of the criticism that should have been directed at them. The government conveniently overlooked all of the other clues being provided to Koresh. Earlier that morning, ATF agents were assembling right next to busy Interstate 35, wearing their marked uniforms and toting automatic weapons. Additionally, helicopter flight logs from that morning show that engines began turning more than an hour before the assault. Choppers are rare in that area and their noise that morning could have easily been heard at the compound. There was also a question about the route taken by the cattle trailers. They passed a building known as "the Mag Bag," where Davidian men hung out working on cars. Ten minutes from the compound by automobile, a simple phone call as the agents rode past would have given Koresh sufficient time to find his guns......."

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco ".........And even assuming that Peeler's contact with Jones was the only way Koresh could have heard about the impending raid -- an assumption that now seems wrong -- scant effort has been put into learning how Peeler and other members of the media knew to be at the compound that morning.. ........ Cal Luedke liked publicity. Just four days before the ATF raid on Mount Carmel, Luedke had taken Mulloney and McLemore on a drug raid in McGregor, a small town 20 miles southwest of Waco. According to Mulloney, Luedke, as head of the county's drug task force, often invited reporters to tag along on drug busts. ......... His involvement in the county's anti-drug efforts was probably the reason Luedke was asked to support the ATF's raid on Mount Carmel. He and other members of the McClennan County Sheriff's Office were supposed to serve a search warrant on the Mag Bag........... Luedke, now 68, has spent almost all of his adult life in law enforcement. He began wearing a badge in the late 1950s when he spent four years working as a trooper for the Texas Department of Public Safety......... He retired from the sheriff's office last November. By all accounts, Luedke had a good career with the McClennan County Sheriff's Office. According to personnel records provided by the county judge, Luedke had no disciplinary infractions during his years of public service. ........... In a sworn deposition given by Luedke on Oct. 8, 1996, in the ATF agents' lawsuit against the Waco Tribune-Herald and KWTX, the deputy vehemently denied having any information about the raid on Mount Carmel before it happened. When asked if he had tipped Witherspoon about the raid on the compound, Luedke responded with a terse, "No sir." He was then asked if he had been interviewed by the Texas Rangers. The answer was the same, "No sir." ......."

Salon 4/19/00 Robert Bryce, Jim Moore Joe Ellis http://www.salon.com/news/feature/2000/04/19/waco "......... Johnson confirmed that an investigation into the leak was conducted shortly after the standoff with the Davidians ended, but he refused to say whether the probe focused on Luedke. Finding the source of the leak was "the point of the inquiry," said Johnston. But he added that federal rules are such that news of the investigation "never got in the public arena." Although Johnston insists that he is limited in what he can say about the matter of the media leak, it's clear that he wants to see the truth brought into the open. "It's a story that I encourage you to do what ever you can on," he said. .......... What most disturbs Johnston in the government's silence about the source of the leak is that suspicion has been cast on Parnell McNamara and his brother, Mike, both of whom work for the U.S. Marshall's Service in Waco. The two brothers, who are among the most famous lawmen in the Lone Star State, "had absolutely nothing to do with causing anything bad to happen in the Davidian raid," said Johnston. ........... Despite the evidence amassed against Luedke, federal officials are still refusing to answer any questions about the investigation. A spokesman for former U.S. Sen. John Danforth, who was asked by Reno to head the new Waco probe, refused to comment on the Luedke matter. .......... The Texas Rangers have also declined requests to publicly discuss Luedke or the issues around the leak. Calls to David Maxwell, the Texas Ranger who interviewed Luedke, were referred to his commander in Austin. Mike Cox, a spokesman for the DPS, which oversees the Rangers, also refused to comment for the record. ........."

AP/AOL 4/19/00 ".......For six years, those who came to mourn the lives lost in the fiery end to the Branch Davidian siege saw only slabs of concrete and the rusted carcass of a motorcycle. This year, the organizers of a new Branch Davidian church built near the site hope it will serve as a more appropriate reminder of the tragedy that took place near Waco on April 19, 1993. ``The whole point is just to say that, 'Hey, we think that what happened here was wrong,''' said Alex Jones, a radio talk-show host who organized the $92,000 construction effort. A dedication service was scheduled today in Mount Carmel, 10 miles west of Waco. Survivors and supporters were expected to attend. ........"

Radio Interview - Alex Jones Show 4/19/00 An Interview with Gordon Novel, Investigator for Ramsey Clark, Waco Branch Davidian Attorney. ...Alex Jones Radio Show, 5.085/6.890 Shortwave, 4/18/00 (Re-aired) .....

GN: Well, they set up a test, where the protocol for the test was to bar everybody but the so-called FLIR experts. Well, our original FLIR expert was Edward Allard and (Michael) Caddell comes in and hires him to do some more work on the thing. As a result, none of us are allowed to inspect or look at, or to observe it being made - all the normal things you would do with evidence -

AJ: Hold on, we know Allard's good. Why he's overlooking the test. He was there wasn't he?

GN: He had a stroke.

AJ: He couldn't make it.....

AJ:... Now back to Caddell, on the Caddell situation.... I've got the documents, Gordon, you sent me an incredible brief and I really do appreciate it. By the way, I did get your fax with the other addendum.

GN: About the attacks he is waging on me now.....

AJ: Yes, incredible, where he is saying that you are threatening his life... which he has been using for a while, what to get you out of evidence rooms?

GN: Yea, yea, yea. I mean that's his whole objective is to keep me away from the evidence so that he can cover it up.

AJ: Again, we are talking to Gordon Novel, chief Davidian investigator, also for the former attorney general Ramsey Clark, who has uncovered 90% of what has come out in the media, just as of late..... Ah, Gordon, I've got the documents right here. Ah, tell the people about Caddell and Bill Clinton.

GN: Well, about 1990, Caddell gave Clinton, remember this, he gave Clinton when he was running for Governor, for his fourth term in Arkansas, a quarter of a million dollars and he is sitting over here, this is before Clinton has declared himself a candidate for president, and he gives him a quarter of a million dollars to run for governor of the state that he doesn't even live in. They're not many people who will do that unless they are part of the inner team that are planning the capturing of the White House.

AJ: So, he wanted to be a friend of Bill, knowing that he was probably going to be in the White House. He had to be an inner circle person to know that.

GN: Yea, and he bet essentially a quarter of a million dollars that whoever the Republican candidate was, he'd win. And, at that time, the candidate was George Bush. So, he's obviously demonstrated where he's coming from and he's been continuing to contribute. He pleaded from the inception of the case that the Davidians committed suicide and up until '97, when we really were pouring in the evidence, and the Feds were trying to put me in jail for doing it, which is always the program, he still pleaded suicide. It wasn't until we overwhelmed them. The FLIR tape probably was the single most conclusive piece of evidence in the case and at that point, he was forced by his clients to adopt the evidence because he couldn't keep his clients if he continued to plead suicide when the evidence was circulating in all directions. McNulty's film, Waco, The Rules of Engagement, had some out, so he had to do that.

AJ: Now Gordon, long before that film came out, you were talking about how you sat down with the CIA, the former director and others, and they showed you this tape, - where they had this tape that turned the muzzle flashes into red ....

GN: Well, they colorized the whole thing. I don't know how they did it, but they had - I haven't seen that done except by Carlo Gigliotti, and he did it in red, when I saw it. The difference, when Colby did it, I don't know from who or where he got it. But he colorized the gunshots in one color, I believe they were in red. And he had the fire green and the explosions blue. ..........

GN: The false reality is the whole system - it's rather corrupt. Every action that has gone down in the Davidian case has been sustained by the circuit in New Orleans, but now we are going to have, I believe, April 24th, somewhere in there, there is going to be a hearing before the U.S. Supreme Court on trying to get these guys sentences reduced. At that point, because of all the discovery that has come about, principally because of people like you and Lee Hancock and Mike McNulty, myself and others, all of that evidence is out. They concealed it from the trial and these guys haven't done anything about it. I mean the attorneys that represented them have yet to do anything with it - and a tremendous amount of hidden material which is normally the kind of stuff under the Brady and Jenks rulings for discovery was concealed. We now know all the stuff but these guys are still in jail. The helicopters fired first. You can prove that. I'm going to be challenging the judge, Danforth and Caddell and Burton to recreate the vault explosion, the flyover, which we can now prove that the helicopters fired first killing a woman breast-feeding her baby, shot her through the top of the head. Shot two other guys in the top of the head and the bullets were rifle bullets. And there's no one in front of the building with rifles. So, there's no way on earth that bullets can enter the top of your head and come out the bottom of your butt, unless somebody has shot you from the air.

You can count the gunshots from the first helicopter coming over which is before the shooting starts at the front of the building, approximately 30 or 40 seconds. They were doing Apocalypse Now, like the movie, where the helicopters storm the place and everybody gets down and then the troops invade. .........

AJ: That was all proven by the water tanks and holes coming through, the lawyers that went inside - that's why they had to burn it down.

GN: The judge won't let that in yet.... The judge has effectively ruled that the Davidians fired first, even though the missing door would prove it. And that the door is missing is no accident. Everybody knows it is no accident. The lawyers saw it. All the bullet holes are ingoing, are incoming from the Feds. The Feds went and made a movie so you could see the bullets coming outside. The writer has since said he wishes he had never touched the NBC movie of the week, called Ambush at Waco. ............

AJ: Yea, he was out at Waco two years ago, say his name again?

GN: Philip Pentingroth (sp?)

AJ: Yea, Philip Pentingroth. Yes, ladies and gentleman, I saw his speech and like a fool, I didn't videotape it. Say Gordon, do you know of any videotapes of him apologizing?

GN: I can't even find him. I've been trying to find him. We wanted to talk about doing a feature film and having him write it because he had such a conscience scene and that he had such a knowledge of it. But we haven't been able to find him. That's been the problem. I don't know where he is. ......,,,

GN: A buddy of mine, who I had know for a very long time, Danny Grahm, a retired general. He was chief aide to General Westmoreland in Vietnam. He was the deputy director of the Central Intelligence Agency and he then became the director of the Defense Intelligence Agency. And right before Reagan was elected, he wrote a book called High Frontiers, which became known as Star Wars, which is an ongoing program to put up a missile shield around the country. He called me up, and by the way, Danny is deceased, but his Adjutant General Richardson is not, so this is not a story that somebody might call a shaggy dog tale. He called me up and said some friends of mine, and at that time I suspected the Defense Intelligence Agency, and it may have been. But we now know the Defense Investigative Services were investigating the Ft. Hood thing before the raid (at Waco) and wanted to know why the Delta Force people were training ATF storm troopers - or their combined southern swat teams to go in there and, essentially, storm a church on a Sunday morning. He said we want to confirm that and that there is going to be a raid on February 28, 1993.

So, I called up Michael Hall who was the retired special agent in charge of ATF here in New Orleans, who retired in 1985. He called me back, I told him the whole story and said that Danny needs to know it. He was on the same board of directors that Danny was, which was Force One, my security company. He calls me back. He was a very patriotic guy, one of the few honest federal policemen that I have known - I can count them on one hand. That's the horror of what our problem is today: they are criminals that run our government. He called me back and said my son-in-law, Greg Fields is going to be in the second helicopter. They are going to use three military helicopters to divert the Davidians. And I said, it sounds like if you are going to use military helicopters, it sounds like they are planning to shoot them. He said, "Oh no, they probably won't do that." I said, Michael, I think you are being naive. I said this guy Clinton will do anything. He knew that, I might add. Clinton was in office at that time, he had been in office only about a month. He verified that they were training these guys to storm this church, as part of a dynamic entry. A better way to put it is full frontal military assult. So, I gave it back to Danny and he said, "I wish you would keep a close eye on it." And I did that.

So, when they actually did the raid - I mean I was flabbergasted and I knew about it. At that point I became extremely interested in it. We started watching it. I'm ashamed that I didn't come over there and get Ramsey Clark to go in there earlier. I think that may have changed the program or changed it a bit. On the other hand, they might have burned Ramsey up in there. I mean Ramsey is the kind of guy who would have gone in there and stayed in there until they worked out some type of legal arrangement as to what was going to happen. Ramsey might have been able to change history. I certainly felt bad about it. On April 20th, I was there and I can remember walking into the hotel over there and the Davidians were sitting around the hotel. And they said, well the good guys finally showed up. I said, the only problem is we are about 82 bodies too late........"

St. Louis Dispatch 4/19/00 Terry Ganey & William H. Freivogel "........"Seven years after Waco, the Branch Davidians seem no closer to proving deliberate government wrongdoing than they were on April 19, 1993, when the 51-day siege ended in a fiery climax. ........... The test, designed to determine whether FBI agents fired at the sect's complex, may end up helping the government's defense. Although the test tapes are still sealed by U.S. District Judge Walter Smith Jr., those who have seen them -- including a new, clearer version -- say they show images of people not present in the original tapes and flashes from debris. Those findings tend to discount the possibility of government gunfire. Where does that leave the 7-month-old special investigation by former Sen. Danforth? Nothing has emerged publicly to show there was illegal military involvement at Waco. The evidence still suggests the Branch Davidians started the fire. And if there was a broad cover-up at the FBI or Justice Department, it has yet to be disclosed in depositions that have become public. In other words, the answer to the four "dark questions" of government wrongdoing that Danforth identified at the beginning of his probe seems to be: "No." ......."

St. Louis Dispatch 4/19/00 Terry Ganey & William H. Freivogel "........About five hours into the gas attack, the converted tanks began penetrating the front and rear of the complex. It appears they are demolishing the building, with the collapse of the gymnasium in the back. Caddell has pointed out that when agents were later cited for commendations, the description said they were involved in "the systematic dismantling of the gymnasium." But Jamar and Rogers have said they weren't trying to tear down the gym, only to penetrate the structure to insert gas near the kitchen area where people had taken refuge. Reno agreed. She said the tanks were trying to make the gas more effective and to create openings for people to escape. "If they were concerned just with tearing down the building, they would have started on the outside rather than going in and exposing themselves to considerable danger," Reno said. The destruction of the building is important to Caddell's case because he argues that it could have kept people from escaping. While the tanks plowed into the complex, FBI agent Byron Sage announced over a loud speaker that "this is not an assault" and "we are not coming in." ........ "Someone in the building could be reasonably be afraid to come out because they were being lied to," Caddell said. ........The firefighting plan, or the lack of it, is another key issue of Caddell's case. "The failure to have firefighting equipment is probably the claim that is most easily linked to the loss of life," Caddell said. About two-thirds of the fatalities at Waco were caused by the fire, and the rest were from gunshots. ......."

St. Louis Dispatch 4/19/00 Terry Ganey & William H. Freivogel "........Danforth's investigation had been conducted in secret. However, federal officials disclosed that an FBI agent in charge of refilling the tear gas canisters was called before a federal grand jury in St. Louis March 21. Compressed CS gas was delivered through the tanks' booms, which punched holes in the walls of the sect's complex. CS gas is a riot control agent that irritates the skin and causes tearing, tightness of the chest and shortness of breath. The gas was propelled by carbon dioxide and suspended in methylene chloride, the same component used in paint remover. A House committee investigation of Waco in 1995 raised the possibility that a high dose of methylene chloride may have affected the Davidians who had sought refuge in the concrete room used as a food storage locker. Federal authorities refer to the room as "the bunker." The largest number of bodies - 31 women, children and babies - were found in the 14-by-14-foot room. It had only one door and no other means of ventilation. The committee concluded that a high concentration of methylene chloride on people in the room could have produced "anesthetic effects" and "impaired the Davidians' ability to escape." "It is possible that the levels of methylene chloride in the bunker were such that the chemical impaired the Davidians' ability to escape the room," the report said. ............ No one knows for sure how much gas was pumped into the room. But Erik R. Larsen, an expert hired by one of the Branch Davidians' lawyers, believes the dose in the bunker was sufficient to kill children and to put women into a coma. Larsen, who lives in Midland, Mich., retired as a senior research chemist for Dow Chemical Co. in 1986. "They got anywhere from one quart to one gallon," Larsen said. "A gallon could have killed everyone. ......."

St. Louis Dispatch 4/19/00 Terry Ganey & William H. Freivogel "........"On Jan. 28, Judge Smith granted a request made by Danforth's office for tissue and bone samples of the human remains from the victims. Samples from someone exposed to methylene chloride will show the presence of cyanide. About 40 of the bodies show the presence of cyanide. However, investigators say hundreds of burning substances - from plastics to substances found in furniture in the complex - could have created cyanide found in the bodies. For example, cyanide was found in the body of a Branch Davidian who was killed during the initial Feb. 28 government raid. The person was a smoker, which could explain the cyanide in his body. "There's no way to look at the autopsy findings to show that's what killed them," Larsen says. .......Judge Smith issued an opinion last July 1 that seemed to rule out the opportunity for raising tear gas as an issue in the Branch Davidians' lawsuit. Still, some lawyers would like to get it in the trial. ........."

4/18/2000 Lee Hancock / The Dallas Morning News "...........The government's 41-page response countered that those allegations relied on incomplete, illogical or scientifically invalid analyses by the plaintiffs' hired experts and lawyers. ............ Lawyers for the sect have alleged that most of the original negatives are missing from one roll of film shot from that FBI airplane. They also have said many more than seven rolls were shot on the last day......The government's motion noted that the missing negatives had previously been acknowledged when they were turned over to the federal court in Waco. .......Government lawyers also dismissed the claims that "suspicious gaps" exist between the still photos taken in the final hours of the standoff. The motion said such charges are "inherently suspect because three of the four alleged 'suspicious gaps' occur within rolls of film as opposed to between rolls of film." ......The government said an FBI recording expert found no evidence to support claims by the sect's experts that infrared video recordings made that day from another FBI airplane were altered, partially erased or tampered with. ......"

4/18/2000 Lee Hancock / The Dallas Morning News "...........The government's motion argued that the findings of a sect expert cannot be relied upon because he has acknowledged that they were based on only a partial analysis of the infrared tapes. The FBI's recording expert also determined that all of the FBI recordings turned over to the court from surveillance devices inside the compound April 19 are original recordings. The government's motion disputed the sect experts' assessment that electronic signals on those tapes and other evidence suggested that they were not originals and had somehow been altered. A missing roll of film shot by a Texas Department of Public Safety photographer has recently been located in the trove of Branch Davidian evidence held by the U.S. district clerk in Waco. Lawyers for the sect had complained that the missing roll of film could have provided key information and turned up missing only after being taken into custody in 1993 by the FBI. ...... The government said that "flash-bang" grenades found in the burned ruins were not from the FBI at the end of the siege but rather came from an earlier federal Bureau of Alcohol, Tobacco and Firearms botched raid that began the Branch Davidian standoff. Lawyers for the sect had alleged that the devices were mislabeled as "silencers" by the FBI laboratory and could have sparked the fire that consumed the compound. ......."

American Partisan 11/8/99 Diane Alden "……. "Yet James Wood, a professor of religion at Baylor University and resident of Waco since 1955, said that before February he hadn't heard of them referred to as a "cult." The librarian at the Waco Tribune-Herald confirmed that until their seven-part series on the Branch Davidians -- the first installment of which began one day before the initial assault on February 28, 1993 -- the Tribune-Herald referred to them as a "religious group," not a "cult". Child protective services had looked into allegations of abuse and found none. One by one the rest of the reasons given for the final governmental assault on the Mt. Carmel compound evaporated like fog in early morning…….."

Associated Press 4/23/00 "……Vector Data Systems, the British firm that conducted the March 19 simulation at an Army base in Texas, submitted its report earlier this month to U.S. District Judge Walter Smith Jr., who is presiding over the Branch Davidian lawsuit, the St. Louis Post-Dispatch reported Saturday, citing unidentified informed sources. Vector found that flashes produced by sunlight reflecting off debris lasted considerably longer than flashes produced by gunfire, the newspaper said.......Vector was hired to conduct the test by special counsel John C. Danforth, who was appointed by Atty. Gen. Janet Reno to oversee an independent investigation into the standoff and fire. The appointment of Danforth, a former senator from Missouri, followed revelations that the FBI, contradicting a position it had taken for six years, admitted using potentially incendiary devices on the last day of the standoff. ….."

Orange County Register 4/25/00 "……Several skeptical Supreme Court justices grilled a federal prosecutor Monday on whether a Waco judge improperly extended the sentences of four men convicted of killing four lawmen during a 1993 raid on the Branch Davidian compound in Texas. The justices appeared more sympathetic toward a defense lawyer who argued that U.S. District Judge Walter Smith of Waco was wrong to apply a Firearms law to beef up the killers' prison terms. Smith tacked 30 years onto the Davidians' 10-year sentences after concluding that the four men had used automatic weapons to slay four Bureau of Alcohol, Tobacco and firearms agents at the sect's compound near Waco. ……. In June 1994, Renos Avraam, Brad Branch, Jaime Castillo and Kevin Whitecliff were convicted of voluntary manslaughter and firearms possession in the shooting deaths of agents Conway LeBleu, Todd McKeehan, Robert Williams and Steven Willis. Prosecutors had asked the jury to consider charges of murder and conspiracy against the Davidians. The panel was not asked to decide what kind of weapons were used, and some jurors later said they were troubled when Smith added the firearms sentences. ….."

Dallas Morning News 4/20/00 Lee Hancock "…….. It was equal parts religious service and anti-government rally as Branch Davidians and their supporters gathered Wednesday to dedicate their new church on the ruins of the one destroyed in a bloody 1993 siege. Almost 300 people crowded into the tan frame building for a day of angry speeches, tearful reminiscences and homespun ceremony. It was seven years to the day after more than 80 Davidians died amid a fire that consumed the sect's home and ended their 51-day standoff with federal authorities. ……… The service was led by Alex Jones, an iconoclastic Austin talk-radio host who began rallying volunteers last year to rebuild on the site known to the Branch Davidians as Mount Carmel. Mr. Jones and others said the resulting 32-week project attracted more than 1,200 volunteers from across the country. They said they ranged from regular caravans of weekend workers from across Central Texas to a roofer who walked much of the way from West Virginia to offer a week of his time. They added that donors from 43 states, Canada and Australia donated more than $93,000 in cash and building supplies. ……."

http://www.fas.org/irp/eprint/presley.htm RISE OF DOMESTIC TERRORISM AND ITS RELATION TO UNITED STATES ARMED FORCES by Steven Mack Presley Lieutenant Commander Medical Service Corps, U.S. Navy C&SC Class 96 Research Paper submitted to the Faculty of the U.S. Marine Corps Command and Staff College ".........CONTEMPORARY DOMESTIC TERRORISM ......... Although terrorism has plagued governments, and public and private institutions for centuries in one form or another, its application and the strategies associated with it have evolved as surely as the societies upon which it is imposed. Technological advances, particularly in the transportation, communication and weapons fields, have facilitated the abilities of modern-day domestic terrorist groups to get their message out and has improved their capacity to take violent action to achieve their goals. Recent incidents, particularly the Weaver family incident at Ruby Ridge, Idaho, and the incident at the Branch Davidian compound near Waco, Texas, have brought into question the extent to which government interdiction of armed citizen groups is actually legitimate before it violates their Constitutional civil rights. Additionally, to what extent is the use of force against these groups acceptable? In February of 1995, President Clinton introduced a counterterrorism bill into the Senate and House of Representatives. Among other extremely controversial proposals in the bill, the Department of Defense would be assigned an increased role in assisting in the investigation of domestic terrorism incidents in which chemical and biological agents were used (currently the military can be utilized in cases of terrorism in which nuclear weapons or devices are suspected or confirmed).(22) Although the increased role for the military would be very limited, requiring further amendment to the Posse Comitatus Act of 1878, civil liberties experts warn that it would violate the tenants of "civil supremacy over the military" and would further kindle the animosities and anti-government sentiment of the citizen-militias and conspiracy theorists. ….."

 

AP 4/22/00 "……Federal agents did not fire at Branch Davidians in the 1993 siege that ended in a deadly blaze at the group's compound in Waco, Texas, according to a preliminary report from last month's simulation of the confrontation. Vector Data Systems, the British firm that conducted the simulation, provided the written report to U.S. District Judge Walter S. Smith Jr. earlier this month. …….. Vector found that flashes produced by sunlight reflecting off debris were considerably longer in duration than flashes produced by gunfire, the St. Louis Post-Dispatch reported today, citing informed sources. …….. Vector also reported that the infrared cameras in aircraft above the Fort Hood simulation site picked up flashes from six of the nine weapons tested. But wherever flashes were visible from weapons, the shooters also were visible, the sources said. Flashes on the 1993 Waco tape do not show shooters. ……"

Ian Goddard 4/24/00 "……..A Dallas Morning News report [1] gives us some numbers to work with from the official FLIR (forward-looking infrared) camera study being conducted by defense-contractor-owned Vector Data Research. The Morning News states that flashes on the test FLIR from the six guns tested lasted up to one fiftieth of a second (1/50 = .02 seconds), while reflections off debris lasted up to 19 times longer (.02 * 19 = .38 seconds)………… Dr. Edward Allard recorded the duration of flashes on the 1993 Waco FLIR to be as short as one thirtieth of a second (1/30 = .03 seconds). [2] Here then are the reported durations of flashes from these sources:
(A) TEST-GUNS .02 sec
(B) WACO FLIR .03 sec
(C) REFLECTIONS .38 sec

Of the three, A and B are most similar. While the duration of B is only 1.5 times longer than that of A, the duration of C is 19 times longer than A. Logic therefore clearly indicates that the reported durationof flashes on the 1993 Waco FLIR is significantly more similar to the flashes on the test FLIR from test-guns than from reflections off debris. ………… AND THEN there's the matter of the rate at which series of flashes appear on the 1993 Waco FLIR. While a reflective surface would reflect only one beam of radiation that a moving camera would pass through only once, resulting inthe occurrence of only one flash, flashes on the 1993 Waco FLIR coming from one spot occur at a rate of 7 to 10 times per second, exactly matching the cyclic rate of a machine gun. [3]………. It staggers my imagination that none of the professional journalists assigned to cover this case have bothered to study the FLIR or to even simply watch the documentary, Waco: A New Revelation, that put Waco back in the news, in which case they'd know that shooters ARE sometimes visible and thus that what they're writing is false……."

Associated Press 4/24/00 Sherri Chunn "…….The federal judge presiding over the Branch Davidians' wrongful-death lawsuit denied the Justice Department's request to throw out most of the plaintiffs' claims Monday. The government had asked U.S. District Judge Walter Smith to reject three of the five major aspects in the civil lawsuit --
1)that federal agents erred in not bringing in armored firefighting equipment;
2) that they wrongly held back firefighters as the compound burned;
3) and that using tanks to push into the compound deviated from the operations plan the attorney general approved.
Smith's order, released at the close of a pre-trial hearing dealing with alleged evidence tampering, said: ''The court has determined that too many material fact issues are presented to justify dismissal or summary judgment as to the claims remaining in the lawsuit.'' Michael Caddell, lead counsel for the Branch Davidian plaintiffs, said: ''This means we will go (to) trial on every issue, including gunfire.'' ……."

Freeper Cvengr 4/25/00 "……JTF-6 is frequently associated with Joint Task Force-6, which in the media is frequently associated with Fort Bliss and counterdrug operations. A joint task force which was also consulted in the Waco seige by the BATF/FBI for training and equipment support. Issues regarding military support of civil authorities are heavily interpretted in their daily activity by the Army. And apparantly even within the Army, not all the decisions made, especially with Waco support are agreed to by all. This group is very real…..MJ-12 is associated with the Majestic-12 or MAJIC-12, which I've seen in various websites associated with William Cooper, author, and Dulce underground bases, topic. Some UFO conspiracy theorists support a series of documents from the 40's and 50's which link a group of 12 persons at the lead of US government and academia/intelligence which formed an eyes-only elite secret forum to handle the Roswell UFO crash and other evidence bordering on UFOs, aliens, the occult, and the paranormal, which was labeled as too sensitive to be released to the public……." Follow-up by Trident/Delta "…… Thank you for the dissertation on MJ-12, I was scanning the thread to see if anyone rebutted the implications from that idiot trying to tie MJTF-6 to MJ-12. THAT, is a case of discreditation in progress. If YankeeJohnCmpsr or whatever it is can successfully get FR yammering about MJ-12 vice the REAL MJTF-6 (as reported in the lamestream media) then any form of credability on FR is hopelessly compromised. ......"

Dallas Morning News 4/24/00 Lee Hancock "…. Federal court-hired experts believe that flashes on an infrared videotape made at the end of the Branch Davidian siege were not from gunfire, a federal judge told both sides in a wrongful death lawsuit Monday. ……… U.S. District Judge Walter Smith cautioned that the oral report he received last week from Vector Data Systems of Great Britain is not the final word on the gunfire issue. …….."Word from the court that independent analysis confirmed that the flashes are not gunfire is welcome news. Years of being accused of shooting at the compound placed a heavy burden on the FBI people that were there that day," said John Collingwood, the FBI's chief spokesman. "Hopefully this is the beginning of lifting that burden. . . . We are grateful to the court for this announcement today," Mr. Collingwood said. ……… "You get good news. You get bad news," said Michael Caddell of Houston. "It's still one of only five issues in our case, and the gunfire issue is still going to trial." The judge also issued an order Monday denying a bid by government lawyers to dismiss almost every other issue in the wrongful death case. The three-page order, setting the final size and scope of a trial set to begin in mid-June, also reinstated all but a few plaintiffs who had been dismissed from the lawsuit last year. …….. But the judge's order rejected the plaintiffs' request to reinstate as defendants the two FBI agents who led the federal government's efforts during the siege - former Agent Jeffrey Jamar and former hostage rescue team commander Richard Rodgers. That decision precludes the sect's bid to have its case heard by a jury. Federal law requires a bench trial for the sole remaining defendant - the U.S. government. ……"

Dallas Morning News 4/24/00 Lee Hancock "……..Much of the daylong hearing Monday involved plaintiffs' charges that the government has misplaced, mishandled or altered key evidence from the 1993 siege…….But Judge Smith said he was told last Monday by Vector's chief analyst, Nick Evans, that none of the 57 "thermal events" that the firm identified on the April 19 video came from government or Branch Davidian gunfire. ……Instead, Judge Smith said, the experts concluded that 43 of those flashes came from sunlight reflecting off ground debris, nine from human activity on the ground, and five from falling debris....... Judge Smith said the firm's final report, due May 8, will detail how each of those findings is "backed by corroborating evidence." In at least one instance, Judge Smith said, the firm tracked one "glint" previously alleged to be from Branch Davidian gunfire to broken window glass knocked onto a roof of the compound in a botched federal raid that began the 51-day standoff. "That's the extent to which they're trying or have tried to identify what appears on that 1993 tape," the judge said. Vector also reported that the first person visible on the April 19 video was a Branch Davidian who emerged on a rooftop as the compound burned. In its Fort Hood test infrared video, gunmen were always visible. ......"

Dallas Morning News 4/24/00 Lee Hancock "......"That is evidence from an expert," he told lawyers for both sides. "The expert's opinion may be controverted, and you have the right to do that." …….. One lawyer representing families of Branch Davidians said he and other government critics are trying to raise funds to mount their own, private field test to do just that. James Brannon of Houston said he was skeptical about the British experts even before Judge Smith announced their conclusions because they are owned by an American-based defense firm contracting extensively with the U.S. government. …….. Mr. Caddell accused the government of "a pattern of gamesmanship" in its failure to meet court deadlines for turning over requested documents and refusal to respond to some repeated requests for information. Noting that the nine lawyers for the government went to Monday's hearing, he said, "I think somebody could be delegated to respond." Marie Hagen, one of the government's lead lawyers in the case, told Judge Smith that she and other Justice Department attorneys had tried to fully comply with court orders and plaintiffs' request. In one instance, she told Judge Smith, handwritten notes from former FBI Director William Sessions that were not turned over until he was deposed late last month "were overlooked" even though they had been in the FBI's files. ......,:

Dallas Morning News 4/24/00 Lee Hancock "……… Mr. Caddell also called both an FBI pilot and his own recording expert to try to show that the infrared video recorded in the hour just before the compound fire had been tampered with. Mr. Caddell has argued that audio recordings on that videotape could prove crucial because it was made in the last 90 minutes before the compound burned. In that period, FBI tanks demolished a large area of the rear of the compound and drove deep into the front of the building. The pilot testified Monday that he had thought that videotape included an audio track recording cockpit conversations and ground radio traffic being monitored by the FBI's Nightstalker infrared aircraft. He acknowledged that he called the FBI special counsel's office last fall to suggest that the audio track might have been inadvertently erased when the videotapes were copied by the FBI laboratory. ...... An FBI infrared camera operator who happened to be in that office that day took the call and wrote a note to the bureau's lawyers that the pilot had "said the original [tapes] had had audio on them, but when copies were made . . . the audio portion was removed." ……….. Mr. Caddell's recording expert testified later that he had found "probable evidence" that the audio track on that infrared video recording was deliberately removed. A government expert, former FBI agent Bruce Koenig, disputed that. He said his study of both the infrared videos and key audio tapes recorded from FBI bugs inside the compound showed that every recording being challenged by the plaintiffs were originals. ……"

4/23/2000 Lee Hancock / The Dallas Morning News "…….. Preliminary results from a test designed to determine the source of flashes on an infrared video at the end of the Branch Davidian siege near Waco strongly suggest they were caused by sunlight and heat from FBI tanks reflecting off debris - and not government gunfire, an investigator said. A preliminary report submitted this month by court-appointed British experts did show that flashes were clearly visible on a test infrared video recording from weapons ranging from assault rifles to shotguns, other sources said. But the test video also recorded distinct flashes from tank exhaust and sunlight reflecting off ground debris, and gunmen firing each of the weapons were always visible on the test video, according to sources who have reviewed the report by Vector Data Research. Flashes from gunfire on the test video were also far shorter in duration, lasting at most one-fiftieth of a second while those from debris lasted up to 19 times as long, the sources said. ……. The British infrared firm was hired by the court last year to supervise the March 19 field test after being recommended by the office of Waco special counsel John C. Danforth. Judge Smith also asked the firm to prepare an independent report on the results for the court. ………… Mr. Caddell said conditions in the Fort Hood, Texas, test such as the angle of the FLIR camera and its distance from the targets on the ground could still pose significant questions for whichever side loses when the British experts offer their final conclusions. ..."

4/23/2000 Lee Hancock / The Dallas Morning News "…….. If they report no gunfire flashes on the April 19 video, he said, he would have problems accepting that "if there's a significant difference in [flash] time that would be attributed to distance or angle of the camera. "If their conclusion is it can't be gunfire because we don't see people like on April 19, I'd have a problem," he said, noting that people would have been more visible on the test tape because the day was 20 degrees cooler in temperature and the gunmen in the test were not trying to hide. "If they can show me flashes on the British FLIR that are from debris, that are identical to flashes on the April 19 FLIR, and they can then show me on the April 19 FLIR that [what appears to some viewers to be moving people] is in fact debris and not a person - I'm not crazy," he said. "I am not unreasonable. I could be convinced of it. But I'd have to see it." ….."

4/23/2000 Lee Hancock / The Dallas Morning News "……..Vector's preliminary written report analyzing the recording from the field test also indicated that heavy tanks like those used by the FBI in its April 19 tear gas assault did cause some flashes to appear on a FLIR video, sources said. Heat from the exhaust bay of the combat engineering vehicles used by the FBI in Waco did throw enough heat onto debris strewn on the ground at Fort Hood to create visible flashes on the test recording, sources said the report by Vector indicated. Flashes from the debris varied in shape, size and intensity on the field test recording. Its size, and sometimes its shape, was similar to the actual object that was reflecting sunlight or heat, sources said the report indicated. The length of the debris flashes varied but was always longer than gun flashes. The gunshots caused flashes of uniform brightness and consistently small, linear shape and also left a shadow that was visible two to three feet above the ground when the images were viewed in "stereo," the report indicated. ….."

4/23/2000 Lee Hancock / The Dallas Morning News "……..Six weapons fired at Fort Hood did produce muzzle blasts, disproving the FBI's long-held theory that its camera was incapable of detecting and recording gunfire. Weapons that produced flashes included CAR-15 assault rifles - a type of gun commonly carried by the FBI's hostage rescue team; M-60 machine guns - which were also present in Waco; M-79 grenade launchers - like those used to fire tear gas at the compound; shotguns, "flash-bang" distraction grenades; and a Mark-19 automatic grenade launcher, the preliminary report indicated. ……"

4/23/2000 Lee Hancock / The Dallas Morning News "…….. But the test also supports the government's long-held theory that flashes on April 19 couldn't have been gunfire because no gunmen were visible. Government officials have argued that the first person to appear on that videotape is a Branch Davidian survivor who appeared on the compound roof during the fire. The Vector preliminary report indicated that gunmen at Fort Hood were always visible, although they sometimes appeared less clearly, sources said. ….."

4/23/2000 Lee Hancock / The Dallas Morning News "……..Even before the British firm conducted last month's field test at a closed Fort Hood firing range, some government critics began to say that Vector could not be unbiased in its supervision and analysis because the firm is owned by an American defense conglomerate. Other subsidiaries of the conglomerate, Anteon Inc., have extensive contracts with U.S. agencies including the Pentagon, the National Security Agency, the FBI and the Justice Department. …….. At least part of the British firm's preliminary report to the court appeared aimed at addressing those critics. Sources said the report's first section included the statement that the British firm did most of its work for the British defense ministry. The report also noted that the firm was operated and controlled by British nationals and had never previously done work under direct contract with the U.S. government. ......"

Dallas News 5/8/00 AP "……A McLennan County jury has decided that neither the surviving followers of David Koresh nor the widow of another former Branch Davidian leader are legitimate trustees of the Branch Davidian church. Jurors returned the verdict after about 2 1/2 hours of deliberations regarding the dispute over who should control the 77 acres east of Waco known as Mount Carmel. The plaintiffs, including Clive Doyle, who survived the Branch Davidians' standoff with the federal government, brought the lawsuit in hopes of winning control of the land on which Mr. Koresh and about 80 of his followers died in 1993. Amo Bishop Roden, the widow of former Branch Davidian leader George Roden, also sought to manage the property. …….. No one disputed that the Branch Davidian church actually owns the land. But they tried to convince jurors that their connections with the church should allow them to control the land. After the verdict was announced late last week, the parties vowed to press on. …….."

 

Freeper 300winmag "…… The biggest problem with the sunlight reflection theory is that it requires that the laws of physics be suspended. When you see the FLIR tape, the flashes are STATIONARY when viewed from the moving airplane. The other problem is the Waco tapes look so much like other unrelated scenes of gunfire caught by FLIR. FLIR does capture images of gunfire, since the flash is hot and incandescent. That's what FLIR does best. ………. In the course of the trial, the federal government swore that FLIR could never record gunfire. These tests were to validate that limited (and bogus) claim, and nothing else. It's still up to the jury to determine what is happening on the Waco tapes. …….. The government was caught in a lie, again, when saying that the flashes could never possibly be gunfire. So now they're backpedalling, and saying that gunfire somewhere else can be imaged, but not in this case. ………These tests (the results of which will be forever kept secret) showed that the government lied about even a bit of well-known physical law. So the government comes out with a report based on those tests that proclaims them innocent of the bigger question. That does not compute, but is par for the course. ……"

Freeper Ol’Dan Tucker to Leper Messiah (FLIR Vector Report "……I checked your link to the full report and it appears that the report is missing a few important sections related to their methodology:

Additionally, we utilised a SUN Ultra 2 workstation mounting DIEPS software and CrystalEyes stereo viewing equipment to view individual frames in stereo, together with an Apple Mac workstation with miniCAD 7 software to generate 3D drawings and support out mensuration.

Report generation and desktop publishing was achieved using a suite of PCs using Microsoft Paintshop Pro and Adobe software. The accompanying interactive CD-ROM supporting illustrations were generated using General Dynamics Digital Video Analyser. & ……….[note: the next sections, 2.7.1 through 2.7.3, describe use of a CD-ROM of video and still photos sent along with the report to the court and to the parties in the pending federal wrongful death case] ………..Sections 2.7.1 through 2.7.3 are missing. Without these, it's impossible to determine exactly what parameters were used to create the digital video. This relates to the earlier reports of the digital video (MPEG-2) being unusable due to the excessive amount compression that was applied. …… So much for peer review. ….."

Freeper Bommer 5/16/00 "……. Vector Data Systems is not a British company, and as far as this writer can determine, never was. Although it may have RAF pilots in it's employ, that would probably be due to the fact that VDS has branches in the United Kingdom, Australia and Korea in addition to it's headquarters in Alexandria, Virginia. The company was purchased in 1997 as one of the first in a string of information technology acquisitions by the Anteon Corporation. ………. Anteon Corporation, head-quartered in Fairfax, VA is not a British company either. Although it's possible that Anteon will be using it's British subsidiary of Vector Data Systems to conduct the test and interpret it's results, it is misleading to simply state that the independent expert is "a British company." ………. Even more interesting is the fact that Danforth who is supposed to be seeking the truth, picked an unusual company to serve as the "impartial" arbiter of the test results. The Anteon Corporation is a very high tech, multi-million dollar company that gets a large share of it's profits from federal government contracts. …….. And we're not talking about the British government either. Just last month Anteon signed a 2.2 million dollar deal with the General Services Administration to provide program management analyses and assessments for the United States submarine force. …….In December of last year, Anteon scored another $10 mil from the government till in a deal with the Veterans Health Administration. Two months before that, Anteon signed a 7.8 million dollar contract with the U.S. Coast Guard. September was another lucrative month resulting in a $43 million dollar contract with the U.S. Navy. Finally, topping the list is a $250 million dollar Blanket Purchase Agreement with the GSA to provide the federal government with critical infrastructure service as ordered in Presidential Decision Directive #63, penned by Bill Clinton on May 28, 1998. ………. "...strengthening of the nation's defenses against emerging unconventional threats to critical infrastructures, the physical and cyber-based systems essential to the functioning of the United States economy and the government. These include essential government services, information and communications, banking and finance, energy, transportation, water supply, public health, law enforcement, and emergency services." Anteon, the parent company of Vector Data Systems, will provide services and products in the following areas: critical infrastructure asset identification; vulnerability and threat assessment; readiness and contingency planning; physical infrastructure protection; cyber security and information assurance; and emergency preparedness training, exercises, and simulation. ……."

Freeper Ol’Dan Tucker "…….The govt controlled every aspect of the recreation just as they had complete control of the original FLIR. With the state of the art today in video and audio technology, it's impossible to say what was originally a part of the FLIR and was was added or subtracted after the fact. Same for the photographic, videographic and audiophonic evidence. This is why Linda Thompson and Carol Valentine came to distrust the FBI SWAT Home Video that they'd anonymously received. That's also why I don't trust the FLIR. ……… All of this orginally came from the FBI; the group in charge of the operation that ultimately killed these people. ……. Imagine how airtight the govt's alibi would be had they collapsed the roof of the pantry as they'd planned. Their cover story would have been nearly seamless. But because they missed and only punched a hole, this points out the lies told in the autopsy reports about the people who were supposedly crushed and suffocated by the falling roof. Because this story is such an obvious lie, this makes us take a closer look at the other victims and that's when we discover all of the anomalies that can ultimately prove the govt's crimes in a court of law. The FLIR is and will be forever open to interpretation and debate, but the forensic evidence of the bodies is conclusive beyond a reasonable doubt……"

Freeper Ol’ Dan Tuckr to Leper Messiah "….We know that at the first available opportunity the government said the Davidians started the fire, the roof collapsed killing those in the "bunker", they "murdered" themselves. What if Peerwani lied about the wounds ? Could the cooking off of ammo have caused the wounds ?Could the force of the explosion which caused the hole in the vault have caused the trauma to the bodies inside ?

Not just the first available oppotunity, but it was either Jamar or Rogers who said "Oh my God, they're burning themselves!" as soon as the fire was spotted. How did he "know" that the Davidians started the fire?

I too have thought about the possibility of Peerwani lying about the wounds. He missed the gunshot wound in Crystal Martinez (MC57). It took a coroner's inquest to establish that fact. I can't say for sure because I'm not a forensic pathologist, but I don't think that the cooking off of the ammo could have caused the dismemberments and decapitations, especially with Borst (MC45). It's possible that the force of the explosion could have caused some of the trauma to the bodies seen inside the pantry, yet Steve Schneider's (MC7) and David Koresh's (MC8) bodies were found completely outside the area of the kitchen/pantry and they were dismembered as well, so this tends to point away from the breaching charge as being the primary cause of the trauma. I don't think the breaching charge would have caused the clean cut seen in Borst's autopsy photo.

We know that Peerwani lied about the collapse of the roof being the cause of the people whose death were attributed to crush damage, blunt force trauma and suffocation due to being buried alive in the debris because we can see from photos that the roof didn't collapse. Since he lied about these victims and "missed" Crystal Martinez' wounds, it's possible that there were more gunshot wound victims than the 21 we know about. There had to be a real reason why the power was removed from the reefer unit on the trailer used to store the bodies.

What if all of the victims had gunshot wounds and the bodies had to be allowed to liqufy to hide this fact?

This is why I'm still patiently waiting and watching intently to see if anyone officially associated with the case mentions any of the forensic evidence we've discussed, especially the blunt force trauma victims. So far, the most that's been said has been Caddell's quotes. Even then he's only mentioned the gunshot wound victims and the people who succombed to the fire and completely ignored the blunt force trauma victims. On two seperate occasions, he's given numerical percentages. In the first one, I think he said something like 75% died from the fire and the remainder were shot. In the most recent quote, he said it was 2/3 died from the fire and the rest were shot.

When I see the civil litigants talking about the forensic evidence, then I'll know that they're serious about prosecuting govt's crimes.

St. Louis Post-Dispatch 5/11/00 Terry Ganey and William H. Freivogel "……The report, by Vector Data Systems Inc., confirms the findings of a preliminary report by the firm announced last month by U.S. District Judge Walter S. Smith Jr. Vector is the independent British firm hired by Special Counsel John C. Danforth to determine if flashes on the 1993 tape were from government gunfire. ……. In the final report, Vector identified 57 flashes on the 1993 tape. It concluded, "We were unable to identify any gunfire, either from Government forces or from Davidians." …….. Vector was able to identify the likely cause of each of the flashes by comparing the tape of the 1993 incident to infrared tapes of a simulation that Vector conducted on March 19 at Fort Hood, Texas………Vector's final report also concluded that no people are visible on the 1993 tape in the period before the fire broke out at 12:07 p.m. The Branch Davidians had claimed that government agents are visible in some frames of the tape………In addition, the report concluded that the fire broke out in two different places almost simulataneously. ......"

The Associated Press 5/10/00 "…… The report also states that no one was seen prior to the breakout of two fires that consumed the compound on April 19, 1993. At least 80 people died during the inferno. "This analysis vindicates those FBI people long accused of shooting into the compound," said Deputy FBI Director Thomas Pickard. "The FBI's long-standing and steadfast position that no shots were fired has now been strongly and independently corroborated." But an attorney for Branch Davidian survivors and relatives, Jim Brannon, said he believes Vector's analysis is "fatally flawed." "Vector was either incompetent or they willfully sabotaged the test," he said. ……… A spokeswoman for Danforth said he would have no comment on Vector's report. ……"

CNN 5/10/00 "……An independent of study of aerial infrared tapes taken by the FBI on the final day of the Branch Davidian standoff in Waco, Texas, seven years ago found no evidence that FBI agents shot at the compound…….. A British company, Vector Data Systems, analyzed the video shot on April 19, 1993 and compared it to footage from a reenactment conducted in March. The analysis was paid for by Special Counsel John Danforth, appointed by the Justice Department to provide an independent investigation of the government actions in the Waco case…… Vector's 65-page report said the 57 instances of flashes on the original tape were caused by reflections of light and atmospheric conditions. ….The findings support the FBI's position that its agents did not fire shots at the burning compound……."

Ian Goddard 5/11/00 "……CNN refers to the study of the Waco FLIR video conducted by Vector Data Systems -- which claims that there's no gunfire on the 1993 FLIR -- as "an independent study." [1] The term "independent" implies that Vector Data does not work for the plaintiffs or the defendant, which is government. But in fact Vector Data is owned by Anteon Inc, which DOES work for the government, including the FBI. [2] The study is therefore NOT an independent study. I found that Vector Data works for U.S. military intelligence [3] and is even a member of the National Military Intelligence Association. [4]……. In short, the impression that the public is being given that Vector Data is an independent entity is a total sham, it's part of a Big Lie being perpetrated to coverup mass murder. To further the impression in the public's mind that Vector Data is independent, CNN et al call Vector Data Systems "a British company." [1] They may have an office in Britain, but as an article citing Anteon's purchase of Vector Data states: "Since then, Anteon has acquired Vector Data Systems of Alexandria, Va., in August 1997 and Techmatics Inc. of Fairfax in May 1998." [5] Yes, that is the same Vector Data Systems, a subsidiary of Anteon Inc., being falsely portrayed as an "independent" and "British" company. Every address I can find for Vector Data is in Alexandria, VA, not Britain. Even their webpage domain is registered to Vector Data Systems of Alexandria, VA. This portrait of an objective independent organization being pounded into the public mind, making Vector Data's findings seem to be unarguably reliable, is a pathetically transparent sham being deployed to cover-up a mass murder……. http://Ian.Goddard.net/waco/flir02.htm……"

Reuters 5/11/00 James Vicini "……U.S. Attorney General Janet Reno said on Thursday she has been questioned by the special counsel investigating the disastrous 1993 raid at the Branch Davidian compound near Waco, Texas. A spokesman for Reno said the questioning by former Sen. John Danforth, who is investigating whether federal agents caused any deaths in the assault or covered up evidence, took place on May 3 and lasted nearly six hours. ……."

Reuters 5/11/00 James Vicini "……When she appointed Danforth, Reno said she would be a witness in the investigation. Danforth at the time said he would have the authority to question Reno. Justice Department spokesman Myron Marlin said the questioning by Danforth took place at Reno's office. He said Reno was not questioned under oath. He said Danforth was accompanied by three other aides, but Danforth asked virtually all of the questions. He said Reno had only one aide, who took notes, present. ……. Marlin said Danforth has made requests to interview other Justice Department officials, but he declined to give details. He said the Justice Department also has provided Danforth with documents......."

Dallas Morning News 5/11/00 Lee Hancock "……Flashes recorded on an FBI infrared video at the end of the Branch Davidian siege came not from government or Davidian gunfire, but from sunlight reflecting off glass, metal and water, and the movement of tanks and windblown debris, court-appointed infrared experts state. ...... The detailed, 65-page final report by Vector Data Research was released Wednesday to both sides in a federal wrongful death lawsuit arising from the 1993 standoff…….. The report indicated that Vector's analysts employed frame-by-frame analysis and computer imagery enhancement programs as well as detailed comparisons of known thermal signatures of gunfire and sunlight-generated flashes to identify the causes of 57 separate flashes on the infrared recording made by the FBI at Waco on April 19, 1993. ...... Vector's four-month inquiry also employed detailed comparative studies of still photos and other imagery taken by both the FBI and outsiders on April 19 to support the conclusion that none of the flashes came from gunfire, the report stated. ……"

Dallas Morning News 5/11/00 Lee Hancock "……One federal official predicted that Vector's report "should drive a stake through the heart of the nuttier theories surrounding this case. This report shows that we might have shot our reputations, but we damn sure didn't shoot any Davidians." But the lead plaintiff's lawyer in the wrongful death suit said the report appears flawed and contradictory……… "I can pick the thing apart in 30 minutes," said Mike Caddell, a Houston lawyer representing the families of sect members who died in the April 19 fire. "It is impressive in its presentation. They clearly spent a lot of time on it. But having said that, there are some clear disconnects in what they've done - obvious instances in their own report where their conclusions are not supported by their own data, their own analysis." ...... In some instances, Mr. Caddell said, the Vector report lists only about half of the flashes that appear within rapid sequence on the infrared. And throughout the report, the experts fail to detail the maximum duration of known gunfire recorded in the infrared test, he said. ……. One infrared expert spotted several "clear" instances of people being visible, and those are not addressed in the Vector report, he said. …….Mr. Caddell and other lawyers for the plaintiffs will grill two of Vector's analysts in two days of depositions scheduled for later this month and will question a third in early June. He said a major area of inquiry will be his concern that Vector "had already made their minds up" about the cause of the infrared flashes before they supervised a court-ordered infrared field test at Fort Hood in mid-March. ……."

Dallas Morning News 5/11/00 Lee Hancock "…… Judge Smith told both sides last month during a pretrial hearing that he would not consider Vector's report "conclusive evidence," adding that their opinion "may be controverted, and you have the right to do that." …….While Mr. Caddell's infrared experts reported 36 instances that they believed were government or Davidian gunfire or the detonation of government "flash-bang" distraction grenades, Vector analysts identified an additional 20 "thermal events" on the April 19 infrared tape. …….. None of the flashes alleged by experts for the sect to be government gunfire or other government-generated explosions matched the six "essential criteria" for thermal signatures of gunfire on forward-looking-infrared or FLIR video recordings, the report stated. Of those 18 alleged instances of gunfire, only one had both the required size and tone, the report stated. Five others approached the required size or tone, but none had the shape, duration, shadow or other associated features of gunfire, the report stated. ……."

Dallas Morning News 5/11/00 Lee Hancock "……In some instances where flashes appeared in close proximity to the combat engineering vehicles, Vector analysts concluded that they were caused either by sunlight reflecting off debris that had collected on the vehicles or from their engine heat reflecting off ground debris. Vector analysts also dismissed allegations by some infrared analysts that a hatch could be seen opening on one of the government tanks at 12:08, just before a prolonged series of flashes. They found, however, that the tank had just pulled away from the rear of the building and was covered in debris that was "blowing in the wind (to) ... give the appearance of a hatch opening." The report added that a still photo of the same tank showed the "debris still in place over the forward deck" of the vehicle! ……"

The Associated Press 5/17/00 "……. The FBI may have mishandled some key evidence related to the deadly 1993 Waco siege, but lawyers for the sect failed to prove the government intentionally altered or destroyed any items, a federal judge ruled Wednesday. Smith ... said there is "no basis" for him to order the government "to turn over any additional evidence or to impose sanctions ..." …….. During a daylong hearing last month, Smith heard testimony from a pilot and photographer who were at the site on April 19, 1993, as well as audio experts for both sides. …….. Among other things, plaintiffs contended that some of the Forward Looking Infrared, or FLIR, footage bore signs of the audio having been erased. Caddell said on one tape, someone can be heard asking for the audio to be turned off. But Smith, in his order, said: "The evidence does not support erasure, but rather indicates that the audio was never turned on." ……"

Talk Magazine 11/99 Gerald Posner "…….The normally voluble Rookstool Falls silent and turns about, trying to get his bearings. The landscape has changed since the first time he arrived at this juncture on a chilly spring day six years back. At last he finds what he is looking for: "It was right here where I first saw the top of a 1ittle sneaker popping out through an enormous pile of ammunition. That's when I knew we had found the bodies of the women and children." …… The memories now come thick and fast. "They were huddled in a far corner. . .with blankets over the children, and the mothers lying on top to protect them." He recalls digging through the rubble to find a woman and child whose hands had been fused together by the blaze. Rookstool helped out as the two were cut apart. "When I lifted the child in my arms, her head came off. Then when I lifted the mother, her intestines broke out and spilled over me."……"

Talk Magazine 11/99 Gerald Posner "……..Rookstool's feelings about what happened at Waco have been problematic for the FBI. In 1993 he was asked to deliver a lecture on his experiences with the Evidence Response Team at the bureau's training academy in Quantico, Virginia. There he startled the class by announcing his belief that not all of the nearly 80 Branch Davidians who died on April 19, 1993, had committed suicide, as the bureau maintains. (Shortly thereafter, Rookstool says, his supervisor received a memo from on high warning that because the bureau might face litigation over its handling of Waco, all personnel were to refrain from further comment on the subject.) ......In 1997 Rookstool repeated his assertion in Waco: The Rules of Engagement, an award-winning documentary.. ........, "[The press has] all been talking to `high officials' for six years, and look what it got us - lies and a cover-up," Rookstool says. ….."

Talk Magazine 11/99 Gerald Posner "…….Rookstool was not at the scene on the day the FBI discussed firing pyrotechnic tear-gas grenades into the compound. But drawing on his four years of training as an FBI radio operator, he offers a provocative theory: "Standard operating procedure would mean that that request was broadcast over a primary radio channel that could have been heard by up to 50 people at Waco and the command center in Washington," Rook stool says. If the audience was indeed that large, it is all the more remarkable that the use of pyrotechnics remained secret as long as it did - and would expand the pool of people who may face scrutiny from the new special counsel probing the events at Waco, former senator John Danforth. ……"

Talk Magazine 11/99 Gerald Posner "……. Following the siege, Rookstool joined the Evidence Response Team and donned his camera. "We weren't even allowed to go to the site for one week because the place was still so hot and unstable after the fire," he remembers. ….. Rookstool saw his share of horrors. ….."

Talk Magazine 11/99 Gerald Posner "…….FBI spokesman Miller declined comment on Rookstool's charges. But shortly after I fax a list of questions about Rookstool to FBI to headquarters in Washington, I receive a call from his former supervisor - Oliver "Buck" Revell, who retired in 1994 as special agent in charge of the FBI's Dallas field office. Revell calls Rookstool "brilliant but eccentric, and says, "Farris often insinuates himself into situations where he has no reason to be there. He overplayed his role and has grandiose ideas about his own importance. Anything Rookstool says about Waco is either second or thirdhand, or a total fabrication. If he did insert himself into Waco, he had no official role, and it was without my permission." .…..Rookstool says he is flabbergasted by Revell's comments. He sends me a written statement, dated January 5, 1995, filed in disciplinary proceeding on Rookstool's conduct. In the statement, Revell defends Rookstool, arguing that his conduct, while errant, did not constitute a firing offense. ……..His statement reveals further that Revell did, indeed, assign Rookstool to Waco. "When I received a request that the Dallas Division supply an Evidence Response Team to aid in the Waco matter, I authorized dispatch of the team headed by SSA William Eubanks. Mr. Rookstool was a part of the team," Revell wrote. Rookstool also showed me photos of himself with the Hostage Negotiating Team. …….."

UPI 5/18/00 "…..A federal judge has refused to impose sanctions against the FBI for its handling of records and other evidence from the 1993 Branch Davidian siege near Waco, Texas……. "Although there may be some indication of mishandling and/or mislabeling by the FBI, there is nothing to indicate that this was the result of anything more than mere negligence," the judge wrote………. "Although the court is persuaded that the government failed to act with due diligence in providing discovery, any harm to the plaintiffs has been ameliorated by the continuation of the trial date," he said. The trial, originally set to begin this week, is now scheduled to open June 19 in Waco…………"

newsmax.com 5/18/00 "…… A federal judge has ruled government agents did not intentionally mishandle evidence of the Waco tragedy in which at least 80 Branch Davidian cultists died. …….. The wrongful-death lawsuit over which Judge Smith is presiding alleges that an infrared videotape recorded from an FBI airplane during the final assault captured repeated thermal images of government gunfire. ……. The judge's order rejected another plaintiffs' claim, that audio tracks from a video tape made shortly before the fire had been erased, saying, "the evidence ... indicates that the audio was never turned on." He also dismissed an argument that the government had withheld or tampered with still photographs from an FBI airplane during the siege. The judge noted the photographer testified gaps between his pictures may have been when he changed film, the aircraft banked away from the scene or the pilot took breaks from holding open a window to give the camera a better view…….. U.S. Attorney Mike Bradford of Beaumont said the challenged tapes also captured voices of Davidians planning and setting the fires. He said the judge's order now "opens the way for this evidence to come into trial, which is very, very damaging to the plaintiffs." ……"

 

The Dallas Morning News 5/27/00 Lee Hanock "…….The wrongful-death case blaming the government for the tragic end of the Branch Davidian siege will be decided by a jury in Waco and not a federal judge alone, both sides in the case were told Friday. "Having considered the importance of the issues involved in this case, the court has decided that a jury should be empaneled to issue a verdict regarding the issues remaining to be tried," U.S. District Judge Walter S. Smith Jr. wrote in a two-page order issued late Friday afternoon. The unexpected decision comes only weeks before the June 19 start date of the trial and a month after he dismissed the portions of the case for which federal law normally allows a jury trial. ... …"The real change is this: We will no longer go into this case worrying that the benefit of the doubt will always be given to the federal officials," said James Brannon, a Houston attorney representing relatives of several children of Branch Davidian leader David Koresh. "I'm extremely pleased that we will now have the case judged by a group of fair, impartial and unbiased jurors, ordinary citizens like those who heard the evidence in the criminal trial and said afterwards that they thought the wrong people had been on trial there. Now we have the right people on trial.'' ......:

The Dallas Morning News 5/27/00 Lee Hanock "…….Mr. Brannon and some others had previously been openly skeptical about the judge's impartiality because of his handling of the 1994 criminal trial arising from the standoff. Mr. Caddell went all the way to the U.S. Supreme Court in a failed bid to have the judge removed from the civil case because of potential bias. Judge Smith sentenced eight Davidians to up to 40 years in prison after a jury in San Antonio found them guilty of weapons violations and manslaughter for the deaths of four federal agents killed in the shootout that began the 51-day siege. The judge also harshly criticized the sect's actions, writing in his sentencing order that the Davidians had started the standoff by ambushing federal agents and ending it "by a combination of suicide and murder inflicted by Davidian on Davidian." The U.S. Supreme Court heard an appeal of the sentences last month and is expected to issue a ruling later this summer.

The Dallas Morning News 5/27/00 Lee Hanock "…….The judge has indicated in prior rulings in the civil case that his views have shifted on some key issues arising from the standoff. In one key ruling last year, he wrote that who started the initial shootout was "hotly disputed." …….And in an interview last fall with The Dallas Morning News, the judge said that the central issues of the civil case are different than those in the earlier criminal trial….."

The Dallas Morning News 5/27/00 Lee Hanock "…….[Caddell] He noted that the judge issued an order Wednesday rejecting a government bid to introduce all testimony from the 1994 criminal trial as evidence in the wrongful-death case. That order came the same day that the judge rejected a government bid to file counterclaims against the estates of Branch Davidian leaders as well as some surviving adult sect members who recently dropped their lawsuits against the government. Mr. Caddell said he thought the decisions were indications that the judge intends to limit the government's efforts to make the upcoming civil case a new trial of the Branch Davidians. …."

Freeper secretagent 5/28/00 http://www.rolandresearch.com/SRGv1/B00-Retract2.htm "………"This winter we were able to make our yearly motor-home trip to the Arizona desert. When we left, sun reflections were a dead issue as the cause of flashes on the FBI's 1993 FLIR tape. The FBI had retracted its sun reflection flash explanation and the 1997 press release that made the claim had "gone missing" in DoJ's electronic and paper records. Official spokesman were using terms like "unexplained electrical anomalies" to describe the flashes. Government people around the edge of the problem occasionally referenced "glint" but FBI and DoJ management personnel did not. When we got back to civilization, we found the Ft. Hood FLIR re-creation being used to support the FBI's position on gunshots. Relative to my analysis, news coverage indicated that the Waco court's IR experts (Vector Data Systems) believe most of the 1993 flash signatures were caused by sun reflections; I was surprised. It is difficult to determine the specifics of Vector's conclusions from available news reports; their promised 8 May report should provide details. I want to make it clear that I stand by my Sun Reflection Geometry Report conclusions - most of the 1993 flash signatures are not sun reflections; it is impossible. Sun reflections may generate flash signatures but not like those on the 1993 tape. If Vector's 8 May report mirrors press accounts, my work and theirs are not compatible; one of us is wrong…….. If the court releases the Vector report, I will review it. I want to have a preliminary assessment available and distributed in paper form before the trial. My review will also be posted on this web site. As stated many times, if I am proven wrong I will so indicate at flank speed and 120 decibels. I am hopeful Vector will produce a comprehensive scientific report with sufficient detail so readers can understand their reasoning and verify conclusions. To date, contending FLIR experts have not done this. What is observed is one group of experts presenting an opinion and similar experts on the other side doing the same; that may be good pre-trial public relations but opinion isn't science."......"

Waco Tribune Herald 5/22/00 Mark England "...... Mike Caddell's commute to work takes all of a couple of minutes, if the signal light is working. ..... A portrait of President Bill Clinton and Vice President Al Gore hugs on a wall outside his office. Caddell has been invited to the White House almost a dozen times in the '90s because of his status as a major donor to the Democratic Party. In 1996, for example, Caddell gave $111,000 to the Clinton-Gore ticket. ....... He sees no conflict in suing the administration of a president he helped elect. "Contrary to the popular belief of some people, I've never seen a shred of evidence that Bill Clinton had any significant involvement in what happened at Mount Carmel," Caddell said. "Everything we've seen clearly shows the decision-making centered in the FBI leadership and, ultimately, with Janet Reno. I don't have a problem going after Reno. I think history will show that she's one of the worst attorney generals the United States ever had." ......."

Waco Tribune Herald 5/22/00 Mark England "...... Lyons said he's had to defend Caddell to many of his friends, who are uncomfortable with Caddell's slick image. One is Davidian Clive Doyle. Doyle, earnest in a ready-made suit, confronted Caddell, cool in a bomber jacket and shades, after the Mount Carmel re-creation in March. Doyle accused Caddell of selling out the Davidians by agreeing to the re-creation and by stating the Davidians must share part of the blame for what happened at Mount Carmel. ....... "

Waco Tribune Herald 5/22/00 Mark England "...... His love of challenges has been tested. Judge Smith recently denied Caddell's request for sanctions against the government, and a company retained by the court stated it believes the flashes in the infrared tape taken at Mount Carmel are not gunfire. Plaintiffs argue that government gunfire kept many Davidians from fleeing their burning building. Caddell shrugged off the turn of events. "I like where we are," Caddell said. "The two issues I felt most strongly about that day I watched the fire, the failure to have firefighting equipment available and knocking the building down, we have better evidence than I could have hoped for. We have a smoking-gun document where (Jeffrey) Jamar and (Dick) Rogers said there would be no plan to fight a fire. That's inconceivable. We've also got the medal commendations (for tank drivers) submitted by Jamar and Rogers. It says in mid-morning the tank drivers were instructed to begin the systematic demolition of the building." ......:

The Associated Press 5/23/00 "......Online auction house eBay halted bidding on a rifle purportedly taken from the former Branch Davidian compound and offered as a "sobering" piece of history. The assault rifle was described as a broken and melted AR-15 converted to fully automatic fire and allegedly salvaged seven years ago, the Waco Herald-Tribune reported today. Its asking price was $2,000. The seller wrote that the rifle was taken from the rubble of the compound several days after the April 19, 1993, fire that ended a 51-day siege. More than 80 sect members, including leader David Koresh, died. ....."

 

St. Louis Post Dispatch 5/31/00 Terry Ganey "…….Branch Davidian leader David Koresh talked about the possibility of suicide a month before the final siege of the sect's complex that led to his death along with about 80 of his followers, according to government surveillance tapes. ……. "My work is finished," Koresh said. "I don't need to hang around here. I've already been shot, understand? I've been rejected. . . . All I need to do is cover it, cock the pistol back, have my thumb on the trigger and my mind on the Psalms." …..Koresh's remarks are among the passages that two amateur experts on Waco have referred to when interviewed recently by investigators for Special Counsel John Danforth. …….."

St. Louis Post Dispatch 5/31/00 Terry Ganey "…….Koresh and his followers began talking about the possibility of a fire destroying the complex two days before a tear gas assault by tank-driving FBI agents. ….Two weeks after a botched Feb. 28 raid by agents of the Bureau of Alcohol, Tobacco and Firearms, Koresh talked about seeing an agent get shot in the head and said, "He shouldn't have been standing in my door." ……. Two who have heard the tapes are Mark Swett of Portland, Maine, and J. Phillip Arnold of Houston. An FBI negotiator at Waco has confirmed the accuracy of the passages they've cited to Danforth…….. Swett and Arnold say the tapes show that the Davidians were deeply grounded in their religious beliefs, that no one was being held against his will and that there is no evidence on the tapes of physical or sexual abuse of children. …."

St. Louis Post Dispatch 5/31/00 Terry Ganey "……. On April 17, after FBI tanks began removing parked vehicles from around the complex, the Davidians talked about plans that Arnold interprets as fulfilling a catastrophic version of the prophetic end of the siege. He said that before April 17, sect members believed there would be a peaceful end to the confrontation. They believed Koresh would be able to write his interpretation of the Seven Seals in the biblical Book of Revelation while the FBI waited. Arnold said he believes that after the interpretation was completed, they would all leave the complex peacefully. When the tanks began removing the cars, it was a signal in the Davidians' minds that the siege would end in a fiery climax, Arnold said. In one conversation, Schneider was heard to say, "They could bring the fire trucks, but they couldn't even get near us." Koresh replied, "That's all right," and made a sound imitating gunfire. …."

St. Louis Post Dispatch 5/31/00 Terry Ganey "…….The listening devices picked up Koresh talking about it on March 15. He said he saw a man standing in a corner get shot in the head. "All of a sudden, puff (makes a sound like a gunshot and laughs) his head blew up," Koresh said. The conversation continued and Koresh said he was sure the man had died. "He shouldn't have been standing in my door," Koresh said. ……. The conversations show that on March 15, Koresh asked about the whereabouts of a box of flares. "I want to find out where our parachute flares are," Koresh said. ……."I'm not saying there was anything sinister about it," Swett said. "I just want people to know there were flares in there." ……"

Freeper Ada Coddinton 5/29/00 According to David Hardy: "…. :Yes, their last expert remains to be deposed. Unfortunately, for the report to hold any water, he's going to have to contradict the two other men who wrote, and signed, it. And come up with a reason why they have a few minor problems in it. Such as misplacement of decimal points, on the timing. And stating as minima things which should be maxima. Little things like that.

He might also explain how they came to be hired for this work, when they had never before been hired to analyze FLIR. Yep. This was their first contract for analysis. Their work is to create workstations for recon analysis, and train people in those, not to analyze tapes themselves. Wonderful. The Office of Special Counsel has a complex and controversial tape to analyze, they have the world to choose from, and they pick a 17-man British company that has never analyzed a tape before.

And, while they're at it, VDS will be explaining why one of their officials was telling the judge that he could prove that the flashes were reflections, at a point when VDS had not even *begun* their analysis of the 1993 FLIR tapes.

And explaining why they assured everyone that they had no ties to the suspects, when they are 80% owned by Anteon, which appoints a majority of their directors, and ... which does over 60% of its business with the US government, and has sales reps appointed for a couple of agencies named U.S. Dep't of Justice, and Bureau of Alcohol, Tobacco and Firearms.

Not to mention explaining a few things they did to "cook the books," and a few offers and inducements they got on the side. ……"

UPI 6/5/00 San Antonio "….Sarah Bain says five of Branch Davidian leader David Koresh's key lieutenants have finally gotten justice, more than seven years after the bloody standoff and fire at their compound near Waco. "I think it's absolutely wonderful that the Supreme Court has overturned those sentences," Bain said Monday……. Bain was presiding juror of the federal jury that acquitted 11 Branch Davidians on murder and conspiracy charges in a five-week trial in San Antonio, convicting them only on lesser charges……..There was no evidence presented at the trial that any of the five, Brad Branch, Jaime Castillo, Kevin Whitecliff, Graeme Craddick, and Renos Avraam, used machine guns against U.S. Bureau of Alcohol Tobacco and Firearms agents during the Feb. 28, 1993 raid that sparked a 51-day standoff……. "Those of us who were involved in the trial and then reappeared on the day of sentencing were absolutely amazed that the judge was basing his sentence on things that the jury was not even asked to consider," she said…….."

UPI 6/5/00 San Antonio "…. "They will not be remanded for sentencing and a federal judge will have to remove that 30-year sentence," Steven "Rocket" Rosen, the Houston defense lawyer who represented Brad Branch, said following the ruling. "It seems that after seven years, we've finally won the war."……."Following our deliberations, we (the jury members) felt based on the decisions that we had made, that none of the defendants would get more than a slap on the wrist," Bain said. "When I heard Judge Smith add on three decades, I wanted to cry."……"

Washington Times "……The U.S. Supreme Court has undone a great injustice to surviving members of the Branch Davidians, a religious group that has already suffered enough at the hands of the federal government. Convicted on firearms charges in connection with a government assault on their property in Waco, Texas — an assault that need not and should not have taken place — the Davidians wound up facing lengthy sentences on charges of using machine guns, something the jury in the case had never found....... Arguing the case before the Supreme Court, however, the federal government tried to blur the distinction between machine guns and other kinds of weapons. Wrote Justice Stephen Breyer for the high court: "The Government argues that, conceptually speaking, one can refer to the use of a machine gun as simply a 'method' of committing the underlying 'firearms offense.' . . . But the difference between carrying, say, a pistol and carrying a machine gun (or, to mention another factor in the same statutory sentence, a 'destructive device,' i.e., a bomb) is great, both in degree and kind. And, more importantly, that difference concerns the nature of the element lying closest to the heart of the crime at issue. It is not surprising that numerous gun crimes make substantive distinctions between weapons such as pistols and machine guns."……. "

Washington Post 6/6/00 Associated Press "…….The unanimous decision, written by Justice Stephen G. Breyer, makes it more difficult for courts to find that lawbreakers deserve extra time behind bars because they used or carried machine guns during their crimes.. ….."

World Net Daily 6/5/00 Richard Carelli "…..The Supreme Court today set aside the lengthy prison sentences given to five Branch Davidians who survived a 1993 siege at the sect's Waco, Texas, compound. The court ruled that a federal judge misused an anti-gun law to increase their punishment. The unanimous decision makes it harder for courts to find lawbreakers deserve extra time behind bars because they used or carried machine guns during their crimes. …….. Federal appeals courts had split on whether determining use of a machine gun is an element of the offense a jury must find beyond a reasonable doubt, or merely a sentencing factor a judge gets to determine by a preponderance of the evidence. The nation's highest court said use of a firearm must be determined by the jury. ……. A federal jury acquitted the five Davidians of murder and conspiracy-to-murder charges but convicted them of voluntary manslaughter. Each was sentenced to 10 years in prison for that conviction. The jury also found them guilty of using firearms. The presiding judge tacked on 30-year sentences for four of them and a 10-year sentence for the fifth after finding that each had used a machine gun. Renos Avraam, Brad Eugene Branch, Jaime Castillo and Kevin Whitecliff drew the 30-year sentences; Graeme Craddock the 10-year term. Craddock also was sentenced to a consecutive 10 years for using a hand grenade. …….. The jury never had been asked to determine what types of firearms the five had used. The judge made that determination during sentencing. ….."

The Associated Press 6/5/00 "….U.S. District Judge Walter S. Smith Jr. will not have to follow the verdict of the jury he recently announced will be seated to hear the wrongful- death lawsuit filed by Branch Davidians and their families against the government. The jury, by statute, is an advisory panel....... Both sides in the lawsuit expected Smith to hear the case. When FBI sniper Lon Horiuchi was dismissed from the lawsuit in March, only the federal government remained as a defendant. Federal law doesn't provide for a jury in civil cases not involving individuals....... "The judge has the discretion of impaneling an advisory jury, and he can treat the findings of the advisory jury as though they were the findings of a jury in a case where there was a right to a jury trial," said Bill Underwood, the Leon Jaworski professor of practice and procedure at Baylor University School of Law…… Having a jury -- even an advisory one -- changes the courtroom dynamics, said Dick DeGuerin, the Houston attorney who represented Koresh during the siege…….." Freeper aristeides adds "…..Actually -- except in the case of a jury acquittal in a criminal trial -- a judge is always empowered to overturn a jury verdict as being manifestly against the law. However, this sort of judgment is subject to particular scrutiny by appellate courts, and so judges are most reluctant to deliver this kind of judgment -- it is always too easy for them to be reversed, something most judges do their utmost to avoid happening. Trial judges' performance is measured by the rate at which they are reversed on appeal. But, in this case, I would think Judge Smith would be particularly reluctant to overturn a jury verdict favorable to the Davidians. Just think of how that would look. ......"

 

Waco Tribune-Herald 6/1/00 Mark England "……. Justice of the Peace David Pareya of West said he still plans to hold an inquest into the 1993 death of Branch Davidian Michael Schroeder, but it won't be until after the upcoming wrongful-death lawsuit filed against the government by surviving group members. Schroeder, a Davidian, was shot and killed trying to enter Mount Carmel several hours after a deadly shoot-out between the Davidians and the Bureau of Alcohol, Tobacco and Firearms. "There is going to be a lot going on at the trial that will be of interest to me," Pareya said. "I'm interested in what Danforth does as well. I prefer to wait and see what actions they might take and the information disseminated before holding an inquest." …….The inquest would lead to an official ruling on the manner of Schroeder's death, Pareya said. ….Pareya declined to comment on whether he would test the cap that Schroeder was wearing when he was shot and killed. ...... Schroeder, Woodrow Kendrick and Norman Allison were at a repair shop called the Mag Bag owned by the Davidians when the ATF raided Mount Carmel on the morning of Feb. 28, 1993. Later that day, all three men tried to sneak into the compound. Schroeder allegedly fired shots at patrolling ATF agents and was killed when they returned fire. The ATF agents who shot Schroeder maintain they identified themselves before firing. They claim Schroeder shot first. …….. An autopsy showed Schroeder was hit by at least seven gunshots. Two gunshots were to the head, including the right ear. The autopsy found no evidence of powder tattooing or soot deposition, which would point to a shooting at close range. No tests were conducted on a watch cap worn by Schroeder, however. …… "They hid the hat Mike was wearing when he was shot," Schroeder's mother, Sandra Connizzo, wrote the Tribune-Herald in an e-mail. "Thanks to Mike McNulty there is hope because he saw it in the evidence locker. That hat was photographed on Mike when he was on the ground and counted in his list of possessions. Then, at the medical examiner's office, it was no longer part of the effects. ……."

Cornell Law Website 6/5/00 United States Supreme Court No. 99-658 JAIME CASTILLO, et al., PETITIONERS v. UNITED STATES……..In this case we once again decide whether words in a federal criminal statute create offense elements (determined by a jury) or sentencing factors (determined by a judge). See Jones v. United States, 526 U.S. 227 (1999); Almendarez-Torres v. United States, 523 U.S. 224 (1998). The statute in question, 18 U.S.C. § 924(c) (1988 ed., Supp. V), prohibits the use or carrying of a "firearm" in relation to a crime of violence, and increases the penalty dramatically when the weapon used or carried is, for example, a "machinegun." We conclude that the statute uses the word "machinegun" (and similar words) to state an element of a separate offense....... The case before us arises out of an indictment alleging that, among other things, petitioners conspired to murder federal officers. At the time of petitioners' trial, the criminal statute at issue (reprinted in its entirety in the Appendix, infra) read in relevant part: "(c)(1) Whoever, during and in relation to any crime of violence . . . , uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence . . . , be sentenced to imprisonment for five years, and if the firearm is a short barreled rifle [or a] short-barreled shotgun to imprisonment for ten years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to imprisonment for thirty years." 18 U.S.C. § 924(c)(1) (1988 ed., Supp. V)…… A jury determined that petitioners had violated this section by, in the words of the trial judge's instruction, "knowingly us[ing] or carr[ying] a firearm during and in relation to" the commission of a crime of violence. App. 29. At sentencing, the judge found that the "firearms" at issue included certain machineguns (many equipped with silencers) and handgrenades that the defendants actually or constructively had possessed. United States v. Branch, Crim. No. W-93-CR-046 (WD Tex., June 21, 1994), reprinted in App. to Pet. for Cert. 119a, 124a-125a. The judge then imposed the statute's mandatory 30-year prison sentence. Id., at 134a. ……. "

AP 6/5/00 Richard Carelli "…..The Supreme Court today set aside the lengthy prison sentences given to five Branch Davidians who survived a 1993 siege at the sect's Waco, Texas, compound. The court ruled that a federal judge misused an anti-gun law to increase their punishment. The unanimous decision makes it harder for courts to find lawbreakers deserve extra time behind bars because they used or carried machine guns during their crimes. …….. A federal law subjects anyone who used or carried a "firearm" during a violent or drug-related crime to five years in prison. The term jumps to 30 years for anyone who used or carried a "machine gun" during that same crime. …….The presiding judge tacked on 30-year sentences for four of them and a 10-year sentence for the fifth after finding that each had used a machine gun. Renos Avraam, Brad Eugene Branch, Jaime Castillo and Kevin Whitecliff drew the 30-year sentences; Graeme Craddock the 10-year term. Craddock also was sentenced to a consecutive 10 years for using a hand grenade. ……. The jury never had been asked to determine what types of firearms the five had used. The judge made that determination during sentencing. ......:

The Dallas Morning News 6/6/00 AP "…… Ms. Bain, a retired schoolteacher, remains outspoken on the legal plight of the convicted Davidians. She traveled to Washington to observe the Supreme Court arguments on their behalf this spring…….. "I really was just very upset by the sentences," Ms. Bain said in a telephone interview. She explained that the jurors, who had acquitted the Davidians of the more serious murder and conspiracy to commit murder charges, expected the convicted defendants to receive relatively light sentences. …… "That had been nothing that the jury had been asked to decide," she said. "Apparently the judge was using a guilt by association. ... The defendants were never specifically tied to the use of illegal weapons." ……The case is expected to be returned to Judge Smith's court. Mr. Halbrook predicts the five Davidians will be resentenced to five-year terms for the firearms charges on top of their initial 10-year sentences. ......"I keep waiting for those that did the provoking - in other words, the government - to have to face similar charges," she said. ......"

 

Internet, E-mail 6/8/00 Ian Goddard – Freeper truth4all remarks "……. I have been very suspicious about Ian Goddard since he cowardly backed down from his position vis-a-vis TWA 800 about 18 months ago when interviewed by the mainstream media. He then resumed his position as if nothing had happened. Now he is telling us that the Waco FLIR footage are solar reflections when that scenario has been discounted by several experts. Edward Allard, Carlos Ghiglotti, a solar reflection report mentioned in "Waco: A New Revelation" and my own eyes……… Goddard mentions the Vetor Data report which is worthless because they are not an independent company having close ties to the US government. ……." http://www.freerepublic.com/forum/a392480c744aa.htm

Freeper truth4all remarks http://toogoodreports.com/spotlight/050900.htm "I talked to him after the (British firm's) recreation, and his assessment was that it was pure junk -- the aircraft wasn't even at the right altitude, they didn't have the right procedures to verify that the sensor was functioning comparable to the one of April 19 (1993). (He said) the best thing that could be done with any resulting tape -- and this is before the results were known -- was to drop it in the waste can. ... End quote.

Internet, E-mail 6/8/00 Ian Goddard "……..The Vector Data Systems report made no effort to explain how multiple rapid flashes several times per second could occur in fixed locations on the ground as seen in the 1993 Waco FLIR tape, which multiple experts say are gunshots. Recently I proposed this rapid-flash reflection machine as a non-gunshot causal theory for those rapid flashes: http://Ian.Goddard.net/waco/flir07.gif http://Ian.Goddard.net/waco/flir03.htm That reflection machine rapidly vibrates a 1 by 3 foot reflective panel up and down several times per second, simulating key flash sequences on the 1993 Waco FLIR. It isn't likely that such a machine rested next to Mt Carmel!

Shortly after proposing that reflective machine I realized a far more probable causal hypothesis for the rapid flashes: the reflective panel isn't being vibrated by a machine, but by the free gale-force winds blowing through the scene that day, and thus the panel is flapping like a flag in the wind. Hypothetical scenario: an infrared-reflecting surface like mylar is attached to a board and a loose edge is flapping in the wind with a cyclic "flap rate" identical to the cyclic rate of key flashes on the Waco FLIR. The flapping reflective surface produces a rapid series of flashes in one fixed location as seen by the FLIR camera, resolving the rapid-flash problem without a machine or a machinegun.

My plan was to acquire mylar and staple a segment edge to a board with a strong fan on it and see if I might be able to film it causing rapid flashes of visible light (and thus presumably also of IR radiation). However, that's no longer necessary: I just acquired the best version of the 1993 Waco FLIR I've ever seen, it's dramatically better than the copy I've had. To my complete astonishment, on the better copy a flapping panel about 1 by 3 feet attached to a fallen-down portion of gym wall is visible IN THE EXACT LOCATION THAT THE MOST INFAMOUS SERIES OF FLASHES OCCUR AS THE FIRE STARTS! That flash series is emphasized by Dr. Edward Allard in both "Waco: The Rules of Engagement" and "Waco: A New Revelation."

This flapping panel in the same location as those key flashes also produces flashes at other times during the hour before the fire. So it's clear to me that there's a flapping panel attached to a fallen board that creates an illusion of machinegun-fire as its moving surface causes a beam of reflected infrared energy to pass repeatedly over the FLIR sensor, just like the panel on the reflection machine I proposed http://Ian.Goddard.net/waco/flir07.gif , except the panel next to Mt Carmel was powered by the wind. The existence of this flapping panel, or perhaps a segment of mylar, is not mentioned in the Vector Data report, which made no effort to explain the critical factor of the rapid, machinegun-like nature of the flashes on the 1993 Waco FLIR.

I've come to the sobering conclusion, after analysis of (1) a newly-acquired 1993 Waco FLIR video, (2) gunshots seen in the Somalia FLIR shown on "Waco: A New Revelation" and (3) the Vector Data Report, that ALL of the flashes in question on the 1993 Waco FLIR can be shown to be or to most-probably be solar reflections, contradicting both my previously stated position and the conclusions of infrared experts that the gunshot theory has rested on. I'll shortly publish an illustrated webpage explaining this conclusion, which is supported in large by facts not covered in the Vector Data report, and thus shall not be repetitive, and shall address key FLIR issues of concern to Waco watchers……"

Freeper Ol’ Dan Tucker "……There's other evidence that no shots were fired into the back of the building. There are internal inconsistancies with the FLIR story.

For example, none of the people whose deaths were attributed to gunshot wounds were found in the back of the building. All were found in front of, on top of and inside the concrete building. (pantry) Most were shot in the head, which would preclude them moving to safety after they were shot. Most endured some sort of mutilation including dismemberment and decapitation. One victim's head has never been recovered.

There are other contradictions with the FLIR story as well. According to Hardy's account of his conversation with Ghigliotti, there were just under 200 rounds recorded on the FLIR. Most were directed at the chapel and the underground shelter and a few rounds were fired at the area of the kitchen/pantry. The problem is that all of the gunshot wound victims were found in the area of the kitchen/pantry and none were found in the chapel and/or underground shelter. None of the survivors have recounted a running gunbattle with the feds nor have they recounted any rescues of any of the gunshot wound victims and/or movement of the victims bodies to where their bodies were eventually recovered.

Lastly, the wall of the concrete pantry facing the alleged shooters shows no scars or pockmarks that would be left behind as a result of bullets striking it. This last point is important because the concrete pantry was between the shooters and the victims and as such would have been in the line of fire, so it should exhibit at least some damage caused by gunfire. Instead there is none. ….."

newsday.com 6/16/00 AP "…..Accusations that government gunfire contributed to deaths at the end of the fiery Branch Davidian siege will probably not be allowed in members' wrongful death lawsuit, the judge said. The Davidians' lawyers have until next Friday to offer ''any additional evidence'' to support their claim that repeated flashes on an FBI infrared videotape recorded in 1993 came from government gunfire, U.S. District Judge Walter S. Smith Jr. ruled this week. Otherwise, he will issue a ''summary judgment'' barring that the argument that agents fired guns. ......... Smith, citing the May report of a court-appointed expert that the flashes came only from sunlight and heat reflections, wrote this week that ''the court is persuaded that the issue ... may best be resolved through summary judgment.'' ……. The chief analyst for the British company appointed by the court to study the issue, David Oxlee of Vector Data Systems, has been ill and unavailable to come to the United States to testify. …..''We offered to go to London and take Mr. Oxlee's deposition so we could present this issue to the jury,'' plaintiffs' attorney Michael Caddell said. ''I find this order surprising and very strange, to suggest that this issue could be decided on before we ever get to question him.'' …… Smith also ruled this week that just one example of each type of weapon owned by the Branch Davidians can be introduced during the trial. The government may show photos of other weapons recovered from the compound, the judge ruled. ......"

The Dallas Morning News 6/13/00 Lee Hancock "…..The thorniest question in the upcoming Branch Davidian wrongful death trial - whether government agents fired at the sect at the end of a deadly 1993 siege - will be decided not by a jury but by a federal judge alone, following a Monday court ruling. U.S. District Judge Walter S. Smith Jr. announced that he was separating that issue from the trial scheduled to begin on June 19 because the chief expert from a British firm appointed by the court to help resolve it is ill and unavailable to testify until late summer. …….. Federal trials involving government agencies are typically decided by judges alone, but Judge Smith said he was calling an "advisory jury" because of the unusually high level of national public interest in the case. He later rejected a secret government bid, filed several weeks ago under court seal, to reconsider the decision to bring a jury into the case. …….. The judge told both sides on Monday that he "probably" would limit the jury's role to deciding whether government negligence contributed to deaths or injuries of sect members. That would leave the judge alone to decide how much damages - if any - the government would have to pay. …….. Judge Smith said a pool of 50 potential jurors would be summoned next Monday morning to the federal courthouse to fill out a two-page questionaire. Both sides predicted that a jury of six and one alternate will begin hearing evidence by mid-week. ……..Because of publicity and controversy surrounding the incident, Judge Smith said he is considering keeping secret the identities of the seven jurors chosen for the civil wrongful death trial….

The Dallas Morning News 6/13/00 Lee Hancock "…..The removal of the government gunfire issue leaves four other questions for the Waco civil jury:

* Did federal ATF agents fire indiscriminately or use other excessive force when a gunbattle broke out on Feb. 28, 1993, as they tried to raid the compound and arrest Davidian leader David Koresh for alleged weapons violations?
* Was the FBI negligent 51 days later when they had no plan to fight any fires that might break out when they began using tanks to ram the sect's rickety wooden building and inject tear gas?
* Did the agents' actions during the April 19, 1993, tear gas assault contribute to the start or spread of a fire that consumed the compound with Mr. Koresh and more than 80 followers inside?
* Finally, did the FBI violate Washington-approved operations plans that day by initiating premature demolition of the building? ……."

The Dallas Morning News 6/13/00 Lee Hancock "…..Mr. Caddell predicted Monday that other aspects of the plaintiff's presentation to a jury will not be "impeded that much" by the removal of the gunfire issue. "You've got tanks knocking the building down. You've got them firing more than 400 tear gas rounds in," he said. "A jury can conclude that these people were not unreasonable in concluding that the safest place to be was inside Mt. Carmel." …….. "

The Dallas Morning News 6/13/00 Lee Hancock "…..Responding to a challenge by Mr. Caddell, government lawyers conceded that they would not try to show jurors autopsy photos of four ATF agents killed during the initial Feb. 28 shootout with the sect. They then asked the court to prevent Mr. Caddell from introducing similar photos of Davidians killed in the standoff. Even after Mr. Caddell said he had no plans to introduce photos of burned sect members, Mr. Bradford told the judge that the government objected to the introduction of photos of Davidian children taken before the April 19 fire. "I anticipate what they're going to do is introduce all these pictures of 5-year-old children." …….."

The Dallas Morning News 6/13/00 Lee Hancock "…..Judge Smith left unresolved a bid by the plaintiffs to keep the government from bringing the sect1s large arsenal of weapons into the courtroom. More than 200 weapons, including more than 40 illegally converted machine guns were recovered from the compound wreckage after the fire. ……..Mr. Caddell argued that the plaintiffs had already agreed to accept the government's claims about the number of guns found inside the burned compound, adding that allowing the guns or even pictures of them into the courtroom would only inflame and prejudice jurors. But Mr. Bradford argued that jurors needed to see photos and some examples of the sect's weaponry to understand the FBI's decision not to bring fire trucks in on April 19 until after the building was completely engulfed. "We think that's vitally important," Mr. Bradford said. "They're going to have to be evaluating not only the credibility of the FBI's decision. ... They're also going to have to be deciding who initiated the gunfight on Feb. 28. ….."

The Dallas Morning News 6/16/00 Lee Hanock "……A federal judge in Waco has told both sides in the Branch Davidian wrongful-death case that he is considering throwing out the sect's allegations that government gunfire contributed to the massive loss of life at the end of the 1993 siege. ……Citing the May report of a court-appointed expert that the flashes came only from sunlight and heat reflections, Judge Smith wrote that "the court is persuaded that the issue ... may best be resolved through summary judgment." The order came on the heels of the judge's Monday announcement that the April 19 gunfire issue would be severed from the jury trial of the wrongful-death case set to begin next week in Waco. ...... But lawyers for the plaintiffs complained that the ruling unfairly burdens them on the eve of trial and comes before they are allowed to fully question the court's experts. They have argued that the findings were flawed, noting that two Vector Data Systems analysts who have been deposed have contradicted many aspects of the firm's report and that one admitted that neither was qualified to evaluate whether infrared recordings captured gunfire. ...... But on Tuesday, he issued a three-page order citing three recent U.S. 5th Circuit Court of Appeals opinions that federal judges can unilaterally decide to reconsider such a decision. Citing one of those opinions, he gave lawyers for the plaintiffs until next Friday to offer "any additional evidence ... of whether the [infrared] tapes of April 19 reflect gunfire on the part of the FBI." ...... "It's wholly unreasonable to expect lawyers who are picking a jury and putting on evidence to be writing briefs or coming up with new evidence on this matter, especially when the accuracy of the Vector Data report has not been sworn to by anyone," Mr. Brannon said. "We'll have to do the best we can, but the court seems determined to keep the issue of government gunfire from the public and an unbiased jury." ...... "I also have to say that I see the hand of Waco special counsel John Danforth in this, as he selected Vector Data Systems and drew up the plans for their junk science demonstration," Mr. Brannon said. "His so-called investigation has lost any credibility to this lawyer and appears to be a continuation of previous non-investigations of Waco." …… "

NewsMax.com 6/13/00 Stephan Archer "……A little-noticed Supreme Court decision last week has major implications for the Waco case. Reversing a district court ruling, the unanimous decision declared it unconstitutional for a judge to include new evidence during sentencing. ……. Although a minor point in the minds of most, what firearm was used during the crime is no small point in the eyes of the court. All defendants faced a five-year prison sentence for carrying a "firearm" but a 30-year sentence for carrying a machine gun. ……Even though many who had died in the fire were likely guilty of firing upon BATF agents, the nine survivors got the brunt of the government's anger, according to Stephen P. Halbrook, attorney for the nine Davidians. "The government's attitude was 'well, you people are alive. We'll make you wish you weren't alive, and we'll try to imprison you the rest of your lives,' " said Halbrook. …….. According to Halbrook, the Fifth Amendment says a defendant must be notified ahead of time for due process of the charges against him. The Sixth Amendment guarantees a jury trial. ……. Speaking for the Supreme Court, Justice Breyer, in his opinion, upheld the Constitution, stating that allowing the judge to decide on evidence after the jury has made its verdict "might unnecessarily produce a conflict between the judge and the jury." "This is the whole reason for the right to jury trial," said Halbrook, "so that the members of the community can participate in the system and can acquit you if it's a prosecution that might be politically inspired." ……"

Washington Post 6/14/00 Dan Balz "…..Scratch former Missouri senator John Danforth from George W. Bush's vice presidential list. Danforth told the St. Louis Post-Dispatch that he called Bush and former defense secretary Richard B. Cheney, who is heading the search committee, last week and asked that he not be considered. "We didn't want politics to totally define who we were," Danforth told the newspaper in an article published yesterday. "The last six years have been the best years of our lives." Danforth retired from the Senate in 1994 after serving three terms……"

Mark England 6/13/00 Waco Tribune-Herald "…..A motion filed by Marie Hagen, co-counsel for the government, argued that the testimony of the contested experts would not "assist the trier of fact to understand the evidence or to determine a fact in issue." Houston attorney Mike Caddell on Friday downplayed the importance of the pretrial hearing. …….. "The government is not trying to strike the testimony of our expert witnesses," said Caddell, lead plaintiffs attorney. "They're trying to exclude portions of their testimony. Big difference. They've got all the same problems with their witnesses. I don't view it as a big deal. Lawyers always wrangle on what goes before the jury. At the end of the day, we'll have more than enough evidence to put before the jury." ……."

Mark England 6/13/00 Waco Tribune-Herald "….. One person whose testimony the government is asking to strike is R.L. Hooper, who is supposed to testify regarding the amount that would be required to rebuild Mount Carmel. In his May 26 order setting today's pretrial hearing, Smith noted last month's verdict in a Waco state court on the ownership of Mount Carmel. A jury in the 74th State District Court decided that neither the surviving followers of the late David Koresh nor the widow of the late George Roden, who lost a power struggle to Koresh in the â€(tm)80s, were the legitimate trustees of the Branch Davidian church. …..Smith ordered the plaintiffs to be prepared today to prove why the Branch Davidian church should not be dismissed as a party to the lawsuit. …… Caddell said the issue isn't significant. "Frankly, sticks and bricks don't amount to much," he said. "I'm more interested in the innocent women and children who died at Mount Carmel." ….."

THE RESISTER - SFC Steven M. Barry, USA (Ret.) "…..The emerging "strategic partnership" between the U.S. and Red China escalated significantly on July 17th when it was revealed that members of the elite U.S. Special Forces would train soldiers from Red China's People's Liberation Army (PLA). This development, which received little coverage in the mainstream media, offers a dramatic illustration of the extent to which the U.S. military has been re-tasked from the defense of our constitutional republic to the construction of a world socialist order under elite control…….. General Peter Schoomaker, commanding general of the United States Special Operations Command (SOCOM), has expressed his desire to "build training links" to his Communist Chinese counterparts as part of SOCOM's "worldwide outreach" of U.S. special operations forces to what the Joint Chiefs refer to as "peer competitors." At a July 26th defense writers breakfast at McDill Air Force Base, Schoomaker enthused, "This is something that would be desirable. You need to engage, so you develop rapport and understanding and dialogue." Schoomaker did not explain why the U.S. Special Forces should "develop rapport and understanding [and] dialogue" with the military instrument of the Chinese Communist Party, which continues to define the U.S. as "the enemy." It is important to note that Schoomaker does not make such decisions unilaterally. In fact, he admitted that "this kind of thing" was already in the planning stages through Admiral Joseph Prueher, the commander in chief for the Pacific Command, and Brigadier General Norton Schwartz, commander in chief of Special Operations Command for the Pacific Command. ………. If Beijing's commissars decide to take a recalcitrant Taiwan by force, American weapons technology transfers to the Communist Chinese won't be enough, since equipment can't take and hold ground. For that you need infantry and good infantry. And training good infantry is a specialty of the U.S. Army Special Forces. The bottom line is that the Insiders fully intend to see Taiwan absorbed into Communist China and the U.S. military is being conscripted to help accomplish this detestable objective….."

June 8, 2000 - Ramsey Clark and other lawers representing the Branch Davidians in their wrongful death law suits against the U.S. Government, filed a motion to postpone the trial until September 5, 2000. Grounds for the delay is requested due to the governments continual refusal to release pertinant discovery data concerning several critical areas: Over 8,000 photographs of the crime scene at Mt. Carmel; the evidence collected from the so-called FLIR re-enactment conducted at Ft. Hood; the untimely deaths of two of the worlds most respected FLIR experts and one other near deaths door; plus many other procedural problems. ….."

Waco Tribune-Herald 6/9/00 Marc England "…… Attorneys for the plaintiffs in the wrongful-death lawsuit filed by surviving Branch Davidians against the government disagree on whether the trial should start in Waco on June 19, according to a motion filed Thursday. Mike Caddell, lead plaintiffs' attorney, asked Judge Walter S. Smith Jr. to reject a request by former U.S. attorney general Ramsey Clark for a continuance. Clark represents many longtime Davidians such as Clive Doyle. In his motion, Caddell noted that Smith had already rejected a motion by the government asking for a continuance. That motion was filed under seal, according to Caddell's motion. Both Clark and the government want to delay the trial until after Sept. 5, according to Caddell's motion. He wrote that both had dragged their feet in communicating with him on a recent pre-trial filing, "occasioned to a significant degree by their time spent seeking to delay or alter the trial of this case." U.S. Attorney Michael Bradford of the Eastern District of Texas told the Tribune-Herald that he couldn't comment on the government's request for a continuance because it was done under seal. ….Thursday, the government filed a motion asking to bar portions of testimony from expert witnesses for the plaintiffs. Marie Hagen, co-counsel for the government, asked Smith to disqualify part of the testimony expected from five expert witnesses: Dr. Paul Radelat, a pathologist; Dr. Joseph Burton, also a pathologist; Frank Johnson, a mechanical engineer; George Uhlig, whose specialty was not spelled out in the motion; and Patrick Kennedy, the plaintiffs' fire expert. Hagen wrote that Radelat, Burton, Johnson and Uhlig were being asked to testify on areas outside their expertise. ….. "

Heads Up #185 6/11/00 Doug Fiedor "…… Everyone knows that the Branch Davidians of Waco were attacked by the BATF. We can also correctly say that it was a premeditated, vicious attack that was designed to be violent, because the BATF platoon was first trained by the Army for weeks specifically to kill people and break things. Furthermore, we know that the BATF actually wanted a shoot-out with the Branch Davidians because, when they were earlier invited to visit and look around like normal people, they declined -- opting instead for a bloody sneak-attack style confrontation. We also note with interest that the BATF brought along armed military helicopters, fully automatic assault weapons and lots and lots of grenades. Who can forget the war-suited agents liberally tossing live grenades and shooting into a dwelling full of mothers and little children? All this, incidentally, only because two or three of the Branch Davidians were "suspected" of not purchasing a $200 tax stamp for a couple rifles. Anything the government said after that was part of the cover-up, not the original excuse for the siege. ……."

Freeper roughrider "……. I can't find my earlier posts of this, so I have to type it in right from the book, BUSHWACKED BY BUSH MASTERS by Ronald Davison: ……… "It was just hours after the World Trade Center bombing that then Acting Deputy Assistant Secretary for Law Enforcement (overseer of ATF) Michael D. Langan was made aware of the proposed raid by a memorandum prepared just MINUTES after the World Trade Center bombing by Christopher Cuyler, ATF's liasion to the Treasury Department.

"Red flags must have appeared before Langan's eyes. He responded by calling a conference that included John P. Simpson, Acting Assistant Secretary for Enforcement, Stanley Morris, former Director of the U.S. Marshal's Service (now working in the Office of Enforcement), and Ronald K. Noble, Clinton's designee as Secretary for Law Enforcement in the Treasury Department. (Source: Treasury Department Report on Waco, pages 177, 178).

"They ALL agreed the raid required excessive force to execute the warrant, precautions to protect both ATF agents and Davidians were absent, and chances of achieving the mission's goal without a shoot-out were slim. Therefore, Simpson called ATF Director Higgins and directed that the raid be called off. (Treasury Report, page 179).

"Less than an hour later (if you believe the Treasury Department Report on Waco) Higgins called Simpson back and in a three-way conversation that included Noble, got them to revoke their order that had, just minutes before, concluded the raid plan was fraught with potential catastrophies that, less than 44 hours later, evolved from potential to ACTUAL CATASTROPHIES, including the deaths of both agents and Davidians."……."

http://www.public-action.com/SkyWriter/WacoMuseum/death/page/d_a.html "……. At the center of the public opinion storm around Waco is the fate of the mothers and children whose remains were found in the pantry/concrete room that formed the foundation of the four-story residential tower (see US News & World Report, May 3, 1993, where it is erroneously labeled "Cinder-block room", Treasury Report, pg. 39, Linda Thompson photo, and US News & World Report, May 3, 1993). …..It is said that the mothers and children, equipped with gas masks, wet blankets and sleeping bags, sought shelter there from the CS tear gas; instead of being sheltered, they died when the structure collapsed on them. ......But the evidence shows that this story was invented. Photographs show the concrete room did not collapse. The evidence suggests that the mothers and children died elsewhere under different conditions, and the bodies were brought into the concrete room after death. ……..The bodies in this room were variously charred beyond recognition or slightly charred; some were severely decomposed, some only moderately; some dismembered and badly mutilated, others were whole. The people are said to have died variously of smoke inhalation, suffocation, blunt force trauma, gun shot wounds, or burns…….".

http://www.public-action.com/SkyWriter/WacoMuseum/death/page/d_a.html "…….Many of the bodies in the concrete room/pantry appear to have been torn apart, as in the case of Melissa Morrison (Mt. Carmel Doe 74). Only Melissa's lower legs were found. In one case, the body parts of eleven (11) people were reformed into an agglutinated mass, as if kneaded together under the tracks of a tank or compacted in a press. Several photographs are on exhibit--photos were obviously taken after the mass had been sectioned off. (Mt. Carmel Doe 64 A picture, Mt. Carmel Doe 64 B picture, Mt. Carmel Doe 64 C picture, and Mt. Carmel Doe 64 D picture). Mt. Carmel Doe 64 E picture). …….Even more remarkably, the deceased, found compacted like this, were said to have died variously of smoke inhalation, suffocation, and gunshot wound. It is obvious that these people died in different environments, and their remains gathered together after death and pressed into mounds. No series of circumstances known so far could have this effect. ……"

http://www.public-action.com/SkyWriter/WacoMuseum/death/page/d_a.html "…….The visitor's attention is drawn to the awful injuries of John McBean (Mt. Carmel Doe 32). It would appear this body's arms, legs, and head were mechanically amputated. The stumps are abrupt, and inconsistent with the graduated amputations caused by the ambient heat of fire. Similar injuries can be found on other corpses found outside the concrete room--for example, the corpse of Mary Jean Borst (Mt. Carmel Doe 45). ….."

TBO.com 6/11/00 Sherri Chunn "…….On June 19, the two sides will confront each other again - this time in a courtroom. The government is the defendant in a $675 million wrongful death lawsuit, which consolidates nine civil cases filed in 1994 by Branch Davidian family members and survivors. Legal maneuvers by both sides contributed to the delay in bringing the case to trial. …….. The plaintiffs' lead attorney, Michael Caddell of Houston, said the lawsuit is not about money. "It's about acknowledgment of shared responsibility and a commitment that this will never happen again," said Caddell. ……. The lawsuit alleges that FBI agents fired at Davidians during the final moments of the siege, and that the gunfire was captured on infrared aerial surveillance tape made by the FBI. "We can't prove that any specific individual was killed by government gunfire on April 19," said Caddell. "The significance is simply that people would've been afraid to come out of the building." The defense maintains there was no government gunfire. ……."

TBO.com 6/11/00 Sherri Chunn "…….The plaintiffs also accuse government agents of using excessive force during the original Feb. 28 raid on the compound by agents of the federal Bureau of Alcohol, Tobacco and Firearms, who were trying to serve search and arrest warrants for suspected firearms violations. Bradford said the agents were ambushed and were firing back in self-defense. In 1994 five Davidians were convicted of voluntary manslaughter in the agents' deaths. ……… Caddell acknowledges that Davidians fired at ATF agents, but says it's irrelevant who fired first. "The ATF never had the right to fire willy-nilly into a building filled with noncombatants," he said. …….."

TBO.com 6/11/00 Sherri Chunn "…….Attorneys for the Branch Davidians contend that the government could have been responsible for at least two of three fires that started on April 19. Bradford said the government has "very strong and convincing" evidence that sect members started the fires. However, the government has acknowledged that some tear gas canisters were potentially incendiary. The lawsuit also alleges that the government was criminally negligent by ignoring orders to have firefighting equipment on the scene. Bradford says firefighters were not allowed near the compound because they were in danger from potentially explosive munitions stored by the Davidians. ......"

TBO.com 6/11/00 Sherri Chunn "…….A report last month by Vector Data Systems, the court's infrared expert, said the flashes were sunlight reflecting off debris, not government gunfire. Attorneys for the plaintiffs say the test violated protocol agreed upon by both sides and that the court-appointed expert is less than neutral. Vector is owned by Anteon Corp., which has done work for U.S. intelligence agencies, the defense department and the FBI. Bradford said Vector's analysis was a "truly independent evaluation and a very thorough evaluation" of the infrared tapes. ….."

dallasnews.com: Texas/Southwest 6/6/00 "…… In a unanimous decision, the nine justices said U.S. District Judge Walter S. Smith Jr. of Waco should have left it to the jury to determine whether the five sect members used machine guns rather than regular firearms during a deadly gunbattle with government agents outside Waco in 1993. …….. Judge Smith's machine-gun determination, later affirmed by the 5th U.S. Circuit Court of Appeals, was reversed Monday. "To ask a jury, rather than a judge, to decide whether a defendant used or carried a machine gun would rarely complicate a trial or risk unfairness," Justice Stephen G. Breyer wrote for the court. ......"We are happy for our clients," said Waco lawyer Richard G. Ferguson, who represents Mr. Branch. "They didn't deserve 40-year sentences. To know the evidence against them, it was just ridiculous. And I think justice is what has happened." Echoed John F. Carroll of San Antonio, who represents Mr. Avraam: "Sometimes the wheels of justice turn slowly, like they did in this case, but they turn." ......The five sect members, who have been incarcerated since 1993, could find themselves freed as early as 2006 based on time off for good behavior, their lawyers said, predicting that the men would be resentenced to lesser terms in the next few months. They were convicted in 1994. ......"

Washington Post 6/9/00 Paul Duggan "…..Seven years after the FBI's siege of the Branch Davidian compound near here ended in fire and death, the city of Waco is fed up with the awful images its name evokes. …. The disaster is an ugly memory they'd like to forget. ...... But of course they can't. And now this central Texas city is wearily braced for a courtroom replay of the nightmare. The federal government is scheduled to go on trial here June 19 as the defendant in a wrongful-death civil case brought by scores of plaintiffs, most of them relatives of Branch Davidians who perished in the April 19, 1993, conflagration….."

Washington Post 6/9/00 Paul Duggan "…..Michael A. Caddell, the lawyer for the biggest group of plaintiffs in the case, has annoyed many conspiracy theorists who accuse the FBI of deliberately carrying out a slaughter. Caddell, who rejects those allegations, said he will argue in the trial that FBI commanders at Mount Carmel made errors in judgment for which the government should be held liable. "They made bad decisions," Caddell said in an interview. "That doesn't mean they had ill motives or they were part of some huge conspiracy. They got frustrated and angry at the refusal of the Branch Davidians to come out, and they began to feel pressure to make something happen."......"

St. Louis Post-Dispatch 6/17/00 Terry Ganey "….Last fall, when John Danforth's investigators popped the lids off five-gallon containers that held "junk evidence" from the government's siege at Waco, Texas, they encountered a terrible smell. As the investigators picked through the six-year-old debris, mostly rounds of ammunition that had burst during Mount Carmel's deadly fire, they found patches of human hair, clothing and other watersoaked rubble amid brass shell casings collected after the 51-day siege ended. ….. "

St. Louis Post-Dispatch 6/17/00 Terry Ganey "….Mike Caddell, the Davidians' lead attorney, believes the trial is "about forcing the government to accept its share of responsibility for the tragedy at Mount Carmel, for the deaths of those children and the deaths of innocent people." ……. Mike Bradford, the U.S. attorney helping defend the government, said the Davidians' claims have slowly evaporated. Davidians began by accusing the government of intentionally trying to hurt people but now are accusing the government only of making mistakes, he said. …… The government is hoping that the trial and its jury verdict will provide further vindication and help sway the results of the inquiries by Danforth and Congress. …."

St. Louis Post-Dispatch 6/17/00 Terry Ganey "….The Davidians' lawyers will focus attention on the child victims. Many claims made by relatives of adults who died have been withdrawn. Twenty of those who died were under the age of 16. Many of their bodies were found in a 14-by-14-foot concrete room inside the Davidians' wooden complex. ……… The room, where food -- and later guns and ammunition -- were stored, became a refuge for about 34 women, children and babies. After the siege ended, their bodies were found amid hundreds of thousands of rounds of ammunition that had burst from the heat. During a five-day cleanup, a bulldozer scooped up the spent cartridges and poured them into the containers that investigators looked into last fall. ……"

St. Louis Post-Dispatch 6/17/00 Terry Ganey "….Government lawyers will point to the Davidians' dead leader, David Koresh, as the major cause of the tragedy. Among the evidence it will present is the fact that the religious community kept an arsenal of more than 264 rifles, pistols and shotguns, 48 of which had been illegally modified to fire fully automatic. …… Bradford said Waco's events were caused by Koresh, "who considered himself as a messiah who had prepared his followers for a violent confrontation with the government that he believed was going to lead to the end of the world." ........."

St. Louis Post-Dispatch 6/17/00 Terry Ganey "….And should the jury's recommendation go against the Davidians, it would help bury conspiracy theories deeper than would a ruling from a lone federal judge. ….."

St. Louis Post-Dispatch 6/17/00 Terry Ganey "….Perhaps Caddell's most compelling witness will be Misty Dawn Ferguson, who was 17 years old when she escaped the burning complex by leaping from a second-story window. Her hands are withered from burns. "She is a child who never fired a gun, never did an illegal act," Caddell said. "She was afraid to come out during the siege. She saw the agents destroy the church's property. She saw the agents mooning the Davidians. That's not a way to create trust." ……..Caddell said Ferguson would testify that on the final day of the siege, there was no plan to commit suicide or to set the building on fire. He said that as tanks poured tear gas into the complex and agents fired "ferret" tear gas rounds into it, Ferguson was in an upstairs bedroom waiting with others. …….. "They were terrified," he said. "They felt the building shudder every time it was hit by the tanks." Caddell said the damage the tanks did to the building prevented Ferguson from using stairs to get out quickly when the fire started. "She had to turn around and walk through a wall of fire to get out," Caddell said. Caddell will attempt to show that the government's gassing attack could have started the fire. The government will argue that the Davidians started the fire. ……"

St. Louis Post-Dispatch 6/17/00 Terry Ganey "…. Two ATF commanders were fired for lying about details regarding the initial raid, though they were later reinstated in other jobs. After-action reports by FBI agents acknowledge that FBI commanders undermined their negotiators during the standoff that followed. ….."

U.S. News & World Report 6/26/00 Mike Tharp "…..There's no question the FBI has a lot of explaining to do. There have been a series of troubling revelations since federal Judge Walter Smith ruled last summer that the 1994 civil suit could go to trial. ……Observers on all sides hope the trial will finally unravel the mysteries. "I've prayed that the truth will come out," says Jean Holub, the grandmother of Davidian leader David Koresh, who died in the fire. "The Bible says, 'The truth shall make you free,' and that's what I believe. But it might take a long time." It already has. ……"

Lee Hancock 6/24/00 The Dallas Morning News "......The FBI's deputy tactical commander conceded Friday that the Washington-approved plan for ending the Branch Davidian siege didn't call for sending tanks in to begin demolishing the sect's embattled compound until it had been tear-gassed for 48 hours. ....... Lawyers for the sect allege that the two FBI officials went beyond their authority and beyond the scope of a Washington-approved gassing plan when they decided to send tanks into the building about four hours after the gas assault began. ....... "

Lee Hancock 6/24/00 The Dallas Morning News "......Lawyers for the sect have charged that FBI agents possibly fired some tear gas canisters into the compound kitchen that were capable of sparking fires. During sometimes-caustic examinations of several FBI agents, lead lawyer Michael Caddell suggested Friday that the team assigned to the back side of the building may have fired a pyrotechnic gas round just before a fire was spotted in that area. ...... "

Lee Hancock 6/24/00 The Dallas Morning News "......"We did not need to use them. We did not have the desire to use them, and we did not fire military rounds that day. We did not fire military rounds that day," testified Thomas G. Rowan, an FBI hostage rescue team member who fired gas rounds from a Bradley fighting vehicle. ....... But Mr. Rowan and two other agents did acknowledge that they quickly ran through their supply of non-pyrotechnic gas grenades on April 19, firing 400 at the building between 6 a.m. and noon. Steve McGavin, former deputy hostage rescue team commander, also confirmed that the FBI had to seek new supplies at mid-morning on April 19. He said some that arrived from local and state police were pyrotechnic. But he maintained that none of those gas projectiles were sent into the field for use against the compound. ........."

Lee Hancock 6/24/00 The Dallas Morning News "......Mr. McGavin, Mr. Rowan and a third agent who testified Friday admitted that some of their descriptions of what they saw and did on April 19 conflict with their testimony in earlier depositions. ......Mr. Rowan conceded that he had asked to change his deposition only a few days before going to court to testify. He acknowledged that he now wanted to say that his Bradley probably did have military gas rounds on board because other Bradleys at Waco had some of the grenades. Other agents assigned to the vehicle have said it carried none of the rounds, but some FBI records from 1993 suggest otherwise. ......"

Lee Hancock 6/24/00 The Dallas Morning News "......Michael Sackett, a second FBI agent called to testify Friday, initially told jurors that he "wasn't entirely sure" but believed the tank he saw smashing down the compound gym on April 19 had been sent in to insert gas. Jurors were then read a potion of his earlier deposition in which he had said he believed the tank was going into the gym "to take down parts of the building." ......"

Lee Hancock 6/24/00 The Dallas Morning News "......On Thursday, former FBI official Danny Coulson testified that on-scene commanders did not follow the original tear gas plan and their actions in sending tanks into the rear of the compound appeared to be a deviation. Government lawyers and FBI commanders Jamar and Rogers have long insisted that what happened at the gym was not a "demolition" effort but a bid to get gas deeper into the compound. Mr. Caddell has questioned that, noting that the tank sent into the gym wasn't equipped to spray gas and that an internal memo descredits actions as a dismantling or demolition mission. ........"

Lee Hancock 6/24/00 The Dallas Morning News "......Late Friday, he read FBI award recommendation to jurors. He also recited excerpts from a report in which a Miami-based FBI SWAT commander said after the siege that "everything went according to plan except for the timetable that was set for the demolition of the building. ...The actual dismantling took place sooner than 48 hours." ......... "

Lee Hancock 6/24/00 The Dallas Morning News "......Mr. Caddell spent most of Friday afternoon playing videotaped excerpts of statements by the FBI's senior leaders during the Waco siege and the March deposition of Ms. Reno. The excerpts focused on Ms. Reno's statements that she expected adequate emergency equipment to be on hand before the assault and the FBI leaders' understanding that her directive included fire fighting equipment. Former FBI Director William Sessions said he wasn't told there was no plan to fight a fire, and other senior FBI officials said they didn't recall anyone advising Ms. Reno of that decision. Among documents introduced Friday was a phone message taken at the FBI's headquarters command center on April 7 announcing that Mr. Jamar and Mr. Rogers had decided not to try to fight a fire if one broke out during the gas operation. ......The FBI leaders said they weren't aware that the Washington, D.C,. fire department had two armored firetrucks in 1993 or that a California firm had offered free use of Czech-made, remote-controlled armored firefighting vehicles if the FBI arranged to have them flown to Waco. ......"

Lee Hancock 6/24/00 The Dallas Morning News "...... At the close of Friday's proceedings, the government trial team again asked U.S. District Judge Walter S. Smith to dismiss the sect's assertions about tank demolition and failure to have fire equipment on hand. They have argued that those actions amounted to judgment calls and are thus protected by broad federal laws barring most lawsuits against federal agencies and employees. ...... Judge Smith had denied several similar motions in the month's leading up to trial, but he appeared close to dismissing those claims when he arrived in court Thursday morning. He relented after a private chambers conference in which plaintiffs' lawyers showed him notes of a 1993 interview in which the attorney general recalled the FBI telling her "to butt out" after she OK'd their gas assault........ In Friday's pleading, government lawyers argued that Ms. Reno was only expressing her understanding that she would not be directing the operation once it began, and they argued that even negligent or ill-informed decision-making by the attorney general was protected by federal law. ........

Lee Hancock 6/24/00 The Dallas Morning News "......Judge Smith appeared to grow impatient with the slow pace of proceedings Friday, announcing a 40-hour limit for each side to present their cases. He also granted a government request to exclude testimony of a structural engineer who was ready to describe the damage inflicted on the compound by FBI tanks. .........Former Attorney General Ramsey Clark, attorney for many of the Davidians who survived the siege, said he fears the judge's new time limits on the trial will cripple his ability to present a case. He noted that Mr. Caddell has already taken about 24 hours of the plaintiff's time allotment and has said he has at least several more days of testimony and evidence. ......."If he sticks to it, it will be impossible to put on a fair trial," Mr. Clark said, noting that he wants to present testimony of seven or eight Davidians and several experts in subjects ranging from religion to the effects of the FBI's tear gas. "I'm hoping that he'll relent. ...You're supposed to have a right to your day in court."......"

Associated Press Writer 6/24/00 Matt Slagle "......Other FBI agents, including Joseph Servel and Michael Sackett, have said a fire erupted in the kitchen soon after they saw a tank insert tear gas into the room. ``We saw smoke within seconds. We saw flames and then the smoke started getting really thick,'' Servel, a tank commander, testified Thursday. Sackett said he saw flames in that area about 15 minutes after seeing the smoke........ "

Associated Press 6/20/00 ".....The first witness in the wrongful-death lawsuit brought by Branch Davidian survivors and family members testified today that she was unaware of any plans by sect members to ambush federal agents as they tried to serve a search warrant Feb. 28, 1993. ...... Rita Riddle, who was in the compound during the raid but left before the ensuing 51-day siege, said she did not know that federal agents would be arriving or armed when they pulled up in front of the Mt. Carmel compound. ...... Michael Caddell, lead counsel for the plaintiffs, decried the loss of children who were in the compound when fire engulfed the compound. The children "never owned a gun, never fired a gun, never hurt anyone,'' Caddell repeatedly told jurors while showing photos from video of some of the children, who ranged in age from 2 to 17. ...... In other testimony, Jaunessa Wendel, who was 8 on the day of the raid, said the compound where she and her family once lived was "like a big apartment, a community center.'' ....... She told jurors that her mother, Jaydean Wendel, was fixing her hair in their room when gunfire shattered the window, spraying glass into her brothers' crib. ...... Wendel was struck by gunfire and killed. ....."

LewRockwell.com 6/24/00 ".......The mainstream press is trying to ignore it, but the government's role in the fire at Waco seven years ago is finally on trial, thanks to the wrongful-death lawsuit brought by the victims' families. At last, the possibility for establishing wrongdoing now presents itself. There is no chance, however, for true justice. The men, women, and children gassed and burned at government hands cannot be brought back to life. There will be no jail terms for those responsible. At best, the families may get some monetary compensation. And perhaps we will see an end to the blaming of the victims and the jailing of those who managed to survive. ..."

LewRockwell.com 6/24/00 ".......Waco will be remembered forever because it sums up key features of the political culture of the 1990s: the untrammeled power of the presidency, the complicity of the media in covering up federal crimes, the bias against religion among the power elite, and the disregard of individual rights that is habitual in our time. How ironic, how telling, that all these developments have taken place under the cloak of "liberalism," a word that once referred to the attempt to circumscribe the power of the state. ...... For some strange reason, and it's never been entirely clear why, the government hated those people. After the massacre, one hoped that even liberals would have sensed the injustice. Surely the old lefties in the White House would recall their past as crusaders against federal militarization, their shock at Kent State, their sympathies with marginalized groups, and rise up to denounce this federal oppression. Surely there would be shock and outrage, even within the executive department. Resignations would follow. Clinton would be discredited, and those responsible for this outrage would be brought to justice. It was not to be so. Over the next few weeks, the media cooperated with the Clinton administration in an amazing coverup of what was plainly evident. Far from investigating the fire and the lies of the White House, the media cabal demonized the Branch Davidians and smeared anyone - the "lunatic fringe" - sympathetic with their plight. ......"

LewRockwell.com 6/24/00 "....... The meaning of the event had a further significance. It was the largest display in the post-war period of what has become of American liberalism: not a movement dedicated to protecting the liberties of minorities or the rights of citizens, but to defending every manner of coercion at the hands of the Leviathan state. .....This same fanatical ideology denied that the Soviets had committed crimes against humanity in the Ukraine and the Gulag. After all, these crimes were committed in the name of progress, which to the leftist mind means collectivization and the eradication of bourgeois prejudices.....In 1993, these American liberals, who had just finished cheering on the destruction of Iraq and would later whoop it up as bombs fell on Serbia, were willing to defend the use of military weapons against American citizens who were minding their own business. For liberals, it was enough that Janet Reno had decided to move against those people. That alone was proof they deserved it. Liberalism, which embraced statism in the Progressive Era, the planned economy in the 30s, and outright redistributionism in the 1960s, has become nothing more than state worship. ......"

Johnathan Turley 6/24/00 ".......First, there is the question of the reasonableness of the level of force used by government agents in their initial raid on Feb. 28, 1993, and in the final assault. The government could have simply waited and arrested sect leader David Koresh away from the compound. Koresh was suspected in weapons charges and could have been separated from his followers. Instead, the government chose to conduct a full military operation against a religious group with known fears and paranoia about government persecution. Likewise, Atty. Gen. Janet Reno would later order tanks to assault the building rather than simply wait for Davidians to run out of food or patience (by the time of the raid, dozens of members had trickled out voluntarily). Reno ordered the assault before family members, who were pleading to speak with relatives in the buildings, even were given a chance to persuade additional members to come out. ...."

Johnathan Turley 6/24/00 "......Second, in ordering the assault, the government conspicuously omitted any contingency to deal with a fire. This omission appears clearly negligent, given the fact that the government's view was that the building contained dozens of doomful religious zealots with an arsenal of weapons and explosives. Obviously, there was a risk of armed resistance and explosions in a building containing almost two dozen children. Yet the government said it was taken by surprise by the fire in an armed assault. It seems likely that, after the death of four Bureau of Alcohol, Tobacco and Firearms agents, there was little focus on the various possible threats to the Davidians beyond the effect of the tear gas pumped into the building. ........ This is particularly disturbing given the massive fires that previously exploded in raids on such groups as MOVE, a cult, in Philadelphia. In the 1985 MOVE case, the police tried to break through the roof with a small incendiary device. The resulting fire killed 11 people (including five children) and destroyed 61 nearby houses. MOVE already was a case study for agents in planning raids when the government assaulted Koresh's Mount Carmel compound in Waco. ......."

Johnathan Turley 6/24/00 "......The message is clear: The public should judge the government's actions in light of the nature of the group. This is nothing new in our country. It is doubtful that Reno would have ordered those tanks to roll on Mount Carmel had it been a Catholic church or a synagogue. ...... The trial finally will compel the government to explain its actions at Waco. Some explanations are likely to be different in this forum. For example, Reno at first defended her order to launch an assault on the compound by repeatedly stating that she had evidence that "babies were being beaten." There was in fact no such evidence and, to the contrary, the Texas authorities who previously had interviewed the members and visited the compound to investigate such allegations had found no evidence of abuse. Reno also stated that she could no longer leave all those children in a building without water and electricity. Yet it was Reno who cut off the water and electricity and Reno who could have restored it. Reno's repeated statements of concern for the children, however, are difficult to square with her approval of the use of tear gas on the children and the deployment of a psychological warfare unit. Under Reno's siege orders, the government continually blared frightening sounds at the compound while keeping the buildings bathed in blinding spotlights. These children were forced to listen to the sounds of dying rabbits, dental drills and other disturbing noises until the final and deadly assault on Mount Carmel. ......"

FOX News 6/23/00 AP "...... On the final day of the Branch Davidian standoff, federal agents had the discretion to do what needed to be done to remove sect members from the compound, Attorney General Janet Reno said in a videotaped deposition played for jurors Friday. "But the discretion would have to be exercised within the limits of the plan," Reno said of the FBI commanders at the Mount Carmel site near Waco. The Reno-approved plan called for FBI agents to use tank booms - the actual barrels of the tracked vehicles - to gradually insert tear gas in the building. The plan permitted systematic destruction of the compound only 48 hours after a determination that the tear-gassing plan had failed. ........ Plaintiff's attorney Michael Caddell contends that federal agents violated the approved plan when they prematurely began tearing down a part of the building know as the gymnasium while agents in tanks launched tear gas into the compound. ........."

FOX News 6/23/00 AP "...... "The plan of operation was to utilize chemical agents placed within the compound to bring the people out," Steve McGavin, an FBI supervisory agent who helped draft a proposal to remove the Davidians, told jurors. He said an FBI contingency plan called for gassing the entire compound if agents' safety were ever compromised. ....... McGavin also said firefighting equipment was not on the "inner perimeter." "There was no plan to bring in firefighting equipment until we could secure the building and secure the safety of firefighters." Caddell later showed videotaped testimony of four former high-ranking FBI officials who said they believed Reno's instructions for on-site emergency crews included firefighting equipment. The testimony came from former FBI director Williams Sessions, former deputy director Floyd Clarke, retired deputy assistant FBI director Danny Coulson and former FBI Assistant Director Larry Potts. ......."

FOX News 6/23/00 AP "...... In earlier testimony Friday, several tank-riding FBI agents testified they saw smoke wafting from the thin wooden walls of the complex shortly after canisters of tear gas were fired into the Davidian complex. ...... Agent Tom Rowan testified he fired as many as 80 so-called "ferret rounds" - plastic canisters containing tear gas - into the complex to force Davidians from the complex. Experts say ferret rounds are not considered incendiary devices. ....... "

Lee Hanock Brenda Rodgriquez 06/20/2000 Dalals Morning News ".....The jury was chosen during the opening day of the trial Monday, and their identities were kept anonymous. ....... Lead plaintiffs' lawyer Michael Caddell of Houston complained Monday that government lawyers had repeatedly ignored court discovery deadlines, ambushing lawyers for the plaintiffs as recently as last weekend with previously undisclosed documents and government witnesses that should have been turned over months ago. .....Judge Walter S. Smith said, "The government has been extremely less than diligent." ...... But he refused Mr. Caddell's bid to keep out detailed transcripts of Branch Davidian conversations intercepted by FBI listening devices during the siege. ......"

Lee Hanock Brenda Rodgriquez 06/20/2000 Dalals Morning News ".....The transcripts, prepared by a government expert, suggest that sect members laughed about shooting federal agents and seeing one get his head blown off. They also suggest that sect members tried to talk an intruder out of leaving by telling him no one left without approval from sect leader David Koresh and also joked two days before the compound burned that firetrucks couldn't get near any fire on their property. ....... "

Lee Hanock Brenda Rodgriquez 06/20/2000 Dalals Morning News ".....In a morning of last-minute skirmishes over the amount and scope of evidence to be allowed in the case, the judge also ruled that the plaintiffs may introduce internal FBI documents that could prove damaging to the government's defense. ...... Those included a proposal bearing initials of the FBI's two Waco commanders that recommended medals for hostage rescue team members who had helped dismantle the sect's rural compound April 19, 1993. ......Mr. Caddell called that document "a smoking gun" that could determine the outcome of the case. ......

Lee Hanock Brenda Rodgriquez 06/20/2000 Dalals Morning News ".....Lawyers for the government repeatedly told Judge Smith that broad federal protections from lawsuits against government agencies and employees prohibited the court from admitting the medals document - and even the FBI's drafts of its operations plan for the gas assault. ......... The federal tort claims act includes a blanket protection - the discretionary-function exemption - that prohibits private legal challenges to most decisions and policies of federal employees and agencies. ........ Citing that exemption, Judge Smith has thrown out parts of the plaintiffs' case revolving around the government's decision to gas the compound, its decision to use tanks to spray gas in and efforts to negotiate a surrender before the April 19 assault. ...."

Lee Hanock Brenda Rodgriquez 06/20/2000 Dalals Morning News ".....Mr. Caddell "claims that he's not offering this evidence to challenge the FBI's conduct. ... But that's precisely why he's offering it," said Marie Louise Hagen, a Justice Department lawyer who is one of the government's lead defenders. "He's offering evidence that is very prejudicial." In one of the negotiation documents, an FBI behavioral expert warned Mr. Jamar a week after the siege began that attacking the building with tanks would lead to the deaths of children and intense criticism of the FBI. In another, one of the lead FBI negotiators at Waco - an agent who now heads the bureau's crisis-management unit - said after the siege that any negotiator could have predicted the deadly outcome of sending tanks into the compound. ........ But Mr. Caddell countered that the documents would help a jury understand the mindsets of Branch Davidians on April 19 and why they did not trust the FBI. .......He added that the documents would show the motivation of the two Waco FBI commanders as well as the warning given Mr. Jamar of the tragedy that might result from sending in tanks. ...... "The FBI has said for seven years, 'Nothing we could've done would've made a difference,'" Mr. Caddell said. "That's not true. Their own people say we would have ... gotten more people out." Judge Smith delayed a ruling on the matter but is expected to decide before the start of opening arguments. ......"

Dallas News 6/23/00 AP "......A tank-riding grenadier with the FBI testified Friday that he launched as many as 80 canisters of tear gas into the Branch Davidian complex but could not recall shooting any potentially flammable devices on the final day of the Waco siege. ...... Tom Rowan said so-called "ferret rounds'' - plastic canisters containing tear gas - were launched from tanks into the complex on April 19, 1993, in an attempt to force Davidian leader David Koresh and his followers from their wooden complex. ....."I don't recall if we had military rounds ... or not,'' Rowan said. "I don't believe I've ever fired a military round.'' ....Several FBI agents, including Joseph Servel and Michael Sackett, have said a fire erupted in the kitchen less than 30 seconds after they saw a tank insert tear gas into the room. "We were in the ... (tank) and I was observing the area of the kitchen or dining room," Rowan testified. "Some smoke was coming from in between the clapboards from what was designated as the kitchen area.'' On Thursday, Servel, a tank commander, said other FBI agents also noticed smoke coming from the structure. "We saw smoke within seconds. We saw flames and then the smoke started getting really thick,'' Servel said. ......"

Lee Hancock 6/23/00 The Dallas Morning News ".......FBI tactical commander Richard Rogers told investigators soon after the 1993 Branch Davidian siege that negotiators could have coaxed sect members from their barricaded compound if given enough time, according to documents obtained by The Dallas Morning News. .......... "I have never commented to any investigators concerning negotiations because I don't view it as having a lot to do with [the] outcome at Waco," Mr. Rogers, former head of the FBI's Hostage Rescue team, told Justice Department interviewers in a confidential September 1993 interview. "I think given enough time, any negotiator could get them out if [there was] no suicide, but what is enough time?" ....... Attorney General Janet Reno told the same investigators preparing the Justice Department's 1993 review of the Waco tragedy that senior FBI leaders told her to "butt out" after she agreed to let them tear-gas the compound. ........ The records of those interviews had never been made public, and Mr. Rogers' statement represents his first known acknowledgment that more Branch Davidians might have eventually been talked into surrendering. ..... "

Lee Hancock 6/23/00 The Dallas Morning News ".......Congressional investigators were only told early this year that the documents existed, despite exhaustive requests for internal government records from the 1993 tragedy. Government lawyers also did not disclose the records to attorneys for the Branch Davidians until this month - less than two weeks before the start of the trial in their wrongful-death lawsuit against the federal government. ......"

Lee Hancock 6/23/00 The Dallas Morning News ".......Lawyers for the sect say they are particularly angry that they were not told that the detailed statements by Ms. Reno and Mr. Rogers existed before they questioned the two officials in separate March depositions. The lawyers noted that the documents came to them not only on the eve of trial but also more than three months after the court's deadline for producing documents in the case. .......... Michael Caddell, lead lawyer for the plaintiffs, said he will introduce the records to jurors Friday. He said he believes that the account of Ms. Reno's 1993 interview statements will damage her recent deposition testimony, which he also plans to present Friday. Ms. Reno said in her March 23 deposition that she believed Mr. Rogers and the FBI's Waco supervisors acted properly on April 19, 1993. .......... "The contents are amazing. ... There are direct contradictions to the FBI's version of events that they have been spouting for seven years," Mr. Caddell said. "These interviews were conducted in August and September of 1993 - seven years ago. It's inexcusable that we didn't have them." ...... He added that the 1993 statements show that FBI leaders, not Ms. Reno, were making the key decisions on the final day of the siege........"Janet Reno has nothing to do with what actually happened on April 19," he said. "The truth is, she was out of the loop." ....."

Lee Hancock 6/23/00 The Dallas Morning News "......."There wasn't any effort to hold those back," U.S. Attorney Mike Bradford said. He said the Justice Department did not obtain them until late February, after congressional investigators learned from Philadelphia lawyer Edward S. Dennis, who supervised the 1993 Justice Review, that he had some internal memos from his Waco inquiry in his private files. He added that Justice officials in Washington did not submit them to the Waco trial team until April 20, and the government's lawyers then had to review them before turning them over to lawyers for the sect. ......"

Lee Hancock 6/23/00 The Dallas Morning News ".......The documents included Ms. Reno's statement that the FBI had been fair and forthcoming in trying to persuade her to use tear gas in April 1993 but told her in plain terms that they would be in charge once she approved. "They told me I should butt out after giving okay. Can't call back. Not law enforcement official. Not on scene," stated hand-written notes of her interview with FBI agents and lawyers asked by the Justice Department to oversee their 1993 Waco review. "Didn't find FBI to be know it all, we know bests. Felt they kept an open mind," she later added. "[The] only thing was: [they said that] when we get in, we're in charge of tactics." ...... The attorney general also told investigators that she would not have approved the gas plan if she detected even a 40 percent chance that it might lead to Davidian suicides. "If they had told me there was a very high - 40% - chance of mass suicide, [I] wouldn't have done it. If food supply would run out in three months or if we could cut off water, would wait. Went though [the] variables. Better to let him abuse children if there was high chance he'd take them all with him. I was told [the] outside limit was one year to wait them out." ......."

Lee Hancock 6/23/00 The Dallas Morning News ".......But many of the FBI's top negotiators and behavioral experts had warned their superiors repeatedly that the Davidians might engage the FBI to force a mass "suicide by cop" if they kept ratcheting up pressure. They also complained that Mr. Rogers' aggressive tactics in Waco killed negotiations and kept many Davidians from leaving. The top negotiators also warned weeks before the gas assault that tear gas alone might lead to panic and violence in the compound and that moving tanks close to the building guaranteed it. ......... In his September 1993 interview, Mr. Rogers admitted that tactical actions during the 51-day siege drove Davidians closer to their leader, David Koresh, just as negotiators were trying to persuade them to break away and leave their compound. ........ "Being nice to him was playing right into his hands," Mr. Rogers said. "He was buying time, keeping his lifestyle [and the] media circus. "When we started depriving them, [we were] really driving people closer to him because of their devotion to him. Deprivation was a lifestyle to them." ......"

Lee Hancock 6/23/00 The Dallas Morning News ".......Another FBI record turned over to lawyers for the Davidians in mid-May shows that their most seasoned tactical expert was adamantly opposed to assaulting the compound with tear gas. The memo is undated and unsigned but bears the handwriting of former FBI deputy assistant director Danny O. Coulson, founder of the FBI's hostage rescue team. Mr. Coulson's Feb. 22 deposition testimony was played during Thursday's court proceedings. .......... His internal FBI memo, retained in bureau records after his 1997 retirement, was in response to a proposal from Waco to use tear gas, a request sent to FBI headquarters in late March. ....... Despite insistence from Mr. Rogers and overall FBI Waco commander Jeffrey Jamar that negotiations were futile, Mr. Coulson noted in his memo that negotiators believed the sect would "ultimately" come out. ....... The critique also contended that the plan proposed by Waco commanders - gassing all of the compound simultaneously - sounded too much like "a quick fix." The revised gas assault plan approved several weeks later by Ms. Reno called for a gradual insertion of gas, but FBI commanders immediately began gassing the entire building after sect members began firing on the first tank sent to spray it in. ......"

Lee Hancock 6/23/00 The Dallas Morning News ".......The memo also ridiculed the Waco commanders' arguments that spraying gas would confuse Davidians and prompt women to rush out of the building with their children. Noting that the Waco FBI officials also predicted an immediate barrage of Davidian gunfire in response to any gas, Mr. Coulson added, "How would the others act to save their children if a massive gunfight began? Surely they would not go outside to save their children in the middle of a gunfight." "I am pretty disappointed with this approach. Everything is moving toward a gas attack ... I have stated that I believe it is unwise. We have more to negotiate," Mr. Coulson wrote. ........"

Lee Hancock 6/23/00 The Dallas Morning News ".......In her September 1993 interview, Ms. Reno recalled that the first reports of Davidian gunshots "reminded me I couldn't control the situation." Asked if she had authority to stop the plan, notes from that interview indicated, Ms. Reno responded: "I think I could have stopped it at any point if there was danger." ........She noted that she worried about high winds that day that seemed to be blowing gas out of the compound. She said she also told the FBI to send the Davidians a cellular phone when the FBI's tanks cut their phone line early in the gas assault. No phone was sent in. ......"

The Post-Dispatch 6/23/00 Terry Ganey ".......An FBI agent who fired tear gas at the Branch Davidian complex in 1993 testified Friday that his armored vehicle was probably equipped with fire-causing military tear gas rounds. But the agent, Tom Rowan, said he was sure that the only rounds he fired were plastic "ferret" rounds which would not start a fire. Rowan's testimony was brought by the Davidians' lawyers during the trial of sect's wrongful death lawsuit against the government. It was designed to show that tear gas fired by the agents could have contributed to the start of the fire that destroyed the complex. ......... During a tank and tear gas operation to roust the Davidians, Rowan fired gas rounds from a grenade launcher through a six-inch-wide port from inside an armored vehicle. Rowan testified that he fired between 70 and 80 rounds during a six-hour operation. Under questioning from Davidians' lead lawyer Mike Caddell, Rowan admitted that his story containing details about what happened during that period had changed twice since then. In an interview the day after the siege ended, Rowan told an FBI investigator that he fired rounds at all the windows at the back of the Davidians' complex. During Friday's testimony, he said he did not fire at a row of windows at the rear of the gymnasium. During a deposition in January, Rowan said he could not recall whether his tank had military rounds or not. On Wednesday he changed his deposition to say that since other FBI tanks were equipped with them, his probably did, too. FBI agents were ordered to put tear gas into windows from which the Davidians were firing guns at the FBI tanks. Although Attorney General Janet Reno prohibited the use of the military rounds, the FBI fired one or two early on the last day of the siege. Caddell attempted to show through his questioning that agents may have wanted to use the heavier military rounds to penetrate the walls of the complex. The "ferret" rounds deploy liquid tear gas. The metal military rounds emit the gas by means of an explosion. But Rowan said he has never fired any military rounds, at Waco or anywhere else. ......"

Waco93.com? Glenn Weeks 6/23/00 "……..For instance, 0n Friday, March 20,1986 an arson fire occurred at the Jamaican Davidian headquarters located in Mountaindale, New York. This fire was deemed to be 'arson' by New York police. The suspected arsonist, who had openly visited this headquarters site the day immediately preceeding this arson fire, was traced by phone call records to a location in Silver Springs, Maryland. This location was in immediate adjacent proximity to the headquarters of a large organization that had been in active opposition to the New York Davidians. The New York Davidians understood that they were being targeted by this organization…… The connection with Waco is that official representatives of this same organization are on record as contacting the ATF regarding Koresh's organization in Waco and providing negative information to the ATF which was motivationally inflammatory. …….In addition, this organization had many bureaucratic government ties to Washington, including those in the Department of Justice. …….Top leaders of this large organization ($15+ billion net worth) were known to be bitterly opposed to Branch Davidian tenets and had been in intense conflict with the Davidian heritage for many years. ….. In fact, in 1986 a ministerial representative of the New York Davidian organization had indicated that the Waco group was concerned about a similar attack as had occurred in New York. The Waco Branch Davidians believed this large oganization was involved in the New York arson fire. The Branch Davidians in Waco, even then (1986), began to arm themselves because they feared a similar attack on their compound. (With good reason it is now evident.) …….Yet to date the media refuses to deal with all these issues or even explore them. …..At a minimum, involvement of this large Maryland organjzation in the Waco episode should be addressed before any final conclusions are drawn about Waco. No final conclusions about Waco can be made until such issues are fully elucidated. ….."

Dallas Morning News 06/23/2000 Lee Hancock Brenda Rodriguez "……FBI commanders went beyond a Washington-approved plan for tear-gassing the Branch Davidian compound when they ordered tanks to drive deep into the building on April 19, 1993, at Mount Carmel, a former senior FBI official testified Thursday. "I don't recall that the plan contemplated this activity," former FBI deputy assistant director Danny O. Coulson testified when shown photographs of damage wreaked by FBI tanks. "You could use the term deviation. You could use the term inconsistent with what I understood the plan to be." ……… A fire erupted within an hour after an FBI tank began smashing into the compound's rear gymnasium……… After emerging from the judge's chambers, Mr. Caddell spent much of the morning showing jurors three early drafts of the FBI's gas plan. In those documents, bureau officials proposed issuing a surrender ultimatum when they began injecting tear gas and then sending tanks to begin demolishing the building if all Davidians did not give up within an hour. But the final plan presented to and ultimately approved by Ms. Reno repeatedly mandated gassing for 48 hours before using a specially outfitted tank to rip down the outer walls of the building. …….. Despite the removal of that provision from the final plan, Mr. Rogers later told interviewers that it was always contemplated as part of the FBI's Waco operation. "We asked him why on April 19 the holes were opened up in the compound," interviewers preparing the 1993 Justice Review of FBI actions in Waco wrote in September 1993. "He said this was something they had intended to do all along." In the segment of testimony presented from Mr. Coulson's deposition, the former official recounted watching the Waco gas operation at FBI headquarters with another senior official. When a tank smashed deep into the front side of the building, he said, his stunned colleague blurted, "Holy [expletive]!" "I said 'I hope that's a bad camera angle,'" he recalled responding. "My first reaction was that the tank could be disabled and trapped inside the building, and I was surprised to see it exit." In another deposition excerpt, former assistant FBI director Larry Potts was shown a memo prepared with the initials of Mr. Jamar and Mr. Rogers after the incident in which they described some of their agents being assigned to begin "systematic demolition" of the gymnasium. "I believe that an intentional dismantling of the building at that stage would've required an exigent circumstance [or emergency]," Mr. Potts said, adding that he never heard of Mr. Jamar or Mr. Rogers seeking permission to take such action. Asked if he were aware of any emergency on April 19 that would've required early demolition, he said, "I'm not aware of any." ……"

Dallas Morning News 06/23/2000 Lee Hancock Brenda Rodriguez "……The lone witness to testify Thursday, an FBI agent who fired tear gas rounds into the back of the compound on April 19, sparred repeatedly with Mr. Caddell over whether the actions of FBI tanks in the rear of the compound amounted to demolishing or even dismantling the sect's building. …... Reminded that a 1993 report of his FBI interview after the siege indicated he had described what he saw as a dismantling operation, he said, "I could've used the word dismantle, the word penetrate. I could've said a lot of things." Mr. Servel said that the other agents assigned with him in a Bradley fighting vehicle fired only nonburning "ferret" tear gas rounds into the building. He said his armored vehicle didn't even carry any pyrotechnic tear-gas rounds. Internal FBI documents and statements from other FBI agents indicate that the armored vehicles sent to the rear of the compound were outfitted with some of the pyrotechnic gas, which is capable of sparking fires and were expressly banned by Ms. Reno in the gas operation. …….. Mr. Servel acknowledged that the heavier pyrotechnic gas rounds could penetrate wood and other building materials better than the ferrets he fired on April 19. He acknowledged that his team had difficulty penetrating the compound's kitchen area with his non-burning ferret rounds because its windows were covered with plywood. …."

Dallas Morning News 06/23/2000 Lee Hancock Brenda Rodriguez "……Plaintiffs' lawyers ended the day by airing part of an FBI briefing on April 7, 1993, given to FBI agents assigned to help carry out the final tear gas assault. In the video, the head of a bureau SWAT team told other agents that FBI leaders in Washington had decided against trying to use tanks to bash holes into the compound. "It would be conceived by the Davidians, the people inside as an act of aggression, an attack ...and they will retaliate, so headquarters rejected that," the agent said in the briefing. ……"

Houston Chronicle 6/20/00 Jim Henderson "……Following the botched raid on the Branch Davidian compound, federal agents admitted to police they fired blindly into windows without knowing what they were shooting at, a federal jury heard Tuesday. ……….. Michael Caddell, lead attorney for the more than 100 Davidians and families suing the federal government over the raid, read the statements from more than two dozen Bureau of Alcohol, Tobacco and Firearms agents to the jury. It took Caddell nearly an hour to get through the statements, which painted a picture of agents shooting at shadows and fluttering curtains after they were repelled with gunfire from arresting Davidian leader David Koresh on Feb. 28, 1993. ……. "A whole lot of shooting was going on in violation of instructions given to the agents," said Jim Brannon of Houston, another attorney for the plaintiffs. "You don't just shoot generally. You shoot at specific targets." Indiscriminate gunfire is one of four key elements to the case, Caddell told the jury. ……. Plaintiffs presented Smith and the six-person jury with the statements ATF agents gave to Texas Rangers following the assault on Mount Carmel. Many of the agents said they fired into the building even though they never saw anyone through the windows. "I didn't see anyone shooting at our people," said sniper Paul J. Smith's statement. Smith said after he realized AFT agents had not entered the compound, "I just started shooting at those windows. I put 30 or 40 rounds in there." "At no time did I see any occupant, other than shadows moving," agent Mark Murray told the Rangers. ...... To demonstrate the consequences of the gunfire, Caddell put 16-year-old Jauness Wendel on the stand. She was eight in 1993 and was in her room at Mount Carmel with her mother and three siblings when the shooting started. No one in the room was armed, she said. Her mother was killed by the gunfire that shattered the windows and spewed glass into the crib where her one-year-old brother was sleeping. "I am not here to defend David Koresh," Caddell said, "but the Davidians did not ambush the ATF." ………. "

dallasnews.com 6/21/00 Lee Hancock "……"I'd like to introduce you to some of my clients," Houston lawyer Michael Caddell told an advisory jury of six people and the one alternate as they silently watched images of smiling, waving children. Pausing to display photos of 15 children between the ages of 2 and 17 who died in the incident, he added with each picture that the child "never owned a gun. Never broke the law. Never hurt anyone." …….. U.S. Attorney Michael Bradford of Beaumont countered that Branch Davidians were an "armed encampment" that ambushed agents of the U.S. Bureau of Alcohol, Tobacco and Firearms looking for illegal weapons. ......... "The responsibility for those tragic events should not be placed upon the shoulders of the brave men and women of the ATF and the FBI," Mr. Bradford said. ……. "The responsibility for what happened at Mount Carmel is on David Koresh and the Branch Davidians. They caused this dangerous situation to occur, and they brought it to a tragic end." ......:

dallasnews.com 6/21/00 Lee Hancock "…… The day's testimony focused on the initial Feb. 28 gunfight as the witnesses offered vivid descriptions of the terror and chaos at their rural McLennan County home after heavily armed ATF agents pulled up in cattle trailers to serve arrest and search warrants. They disputed government lawyers' statements that the sect was "armed to the teeth." Instead, survivors described Mount Carmel as a happy place where children romped and adults learned the Bible from Mr. Koresh. "There were people from all over the world: different personalities, different families, different interests, different likes and dislikes. …….. We were all there for one purpose, and that was the Bible studies," said Rita Riddle, an Asheville, N.C., resident who lived off and on for two years at Mount Carmel before the raid and lost her brother Jimmy in the final fire. "David was my teacher." She and other sect members disputed government lawyers' arguments that Mr. Koresh taught them how to use guns, displayed weapons as part of his religious teachings and indoctrinated members for war and mass suicide. …….. But they conceded that Mr. Koresh took other men's wives as his own and fathered many of the young children who died in the fire. ……"

dallasnews.com 6/21/00 Lee Hancock "……""Kids were screaming, crying. It was a mess," said London resident Natalie Nobrega, adding that she later returned to her bedroom and found her bedcovers riddled with bullet holes. "If I had been sleeping, I think I would not be here today. ... If I had stayed in bed, like I wanted to." ……… Government lawyers immediately challenged both Ms. Wendel and Ms. Riddle, pointing out that Ms. Wendel and another adult survivor had told authorities that they each had seen Ms. Riddle carrying or shooting a gun on Feb. 28. ……. Ms. Riddle denied having a gun and insisted that the first shots she heard came from outside. Ms. Nobrega echoed that, telling the court despite government objections that the first "ticking noises" of exploding bullets came from too far away to have originated from inside the building. ……. Ms. Wendel testified that she was confused and fearful that she and her siblings "might be split up" when she told a Texas Ranger a week after the initial shootout that she had seen her parents and Ms. Riddle with guns. …… She insisted Tuesday that what she told the Ranger was wrong. "I know I was very scared at the time," she said as the taped 30-minute interview with the Ranger was played for the jury. "I was just trying to give him what he wanted." ….."

Fort Worth Star Telegram 6/19/00 Jennifer Autry "……Smith alone will issue a verdict, although he will seek the advice of six jurors in a trial that he predicted will last three to four weeks. Although millions of dollars are at stake, attorneys for both the Branch Davidians and the government say they simply want all the facts revealed. "This case is not about money. It is about truth," said James Brannon, a Houston attorney representing the Davidian estates …….. The events of April 19 are etched in the American psyche, and a vocal group sees them as symbolic of a vicious and dishonest government. Timothy McVeigh, who is on federal Death Row after being convicted of murder and conspiracy in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, said he was avenging the Branch Davidian deaths two years earlier. …….. Despite promises from both sides to provide answers, however, the controversy over what happened near Waco likely will not end soon. Stuart Wright, a sociologist and assistant dean of graduate studies at Lamar University in Beaumont, has written extensively about the Branch Davidians. "Waco has such legendary proportions in some segments of the culture that it will never go away, regardless of the verdict." ......"

Fort Worth Star Telegram 6/19/00 Jennifer Autry "……Michael Caddell, the lead plaintiffs attorney, said he believes that the jury will find some of his clients' stories heartbreaking. He offers, for example, Misty Ferguson, who was 17 in 1993. Caddell describes Ferguson's involvement this way: ….During the standoff, she watched men with guns make obscene gestures toward her home and armored vehicles patrol the path nearby. She listened as the FBI blared music by Nancy Sinatra, who warned that one day her boots "would walk all over you." Then, on April 19, Ferguson sat pensive in an upstairs room as tear gas grenades shook the walls. When fire broke out, she tried to escape, only to find the floor ripped out by a tank. She turned back into the fire and fell. Her burned hands were eventually amputated. ...... The plaintiffs' case, Caddell said is "about the innocent people who got caught up in bad acts by Koresh and bad decisions by the FBI that led to a disaster." ……."

Fort Worth Star Telegram 6/19/00 Jennifer Autry "……For the government, it is a chance for vindication from conspiracy theorists that they say have been callous about the deaths of four federal agents, contemptuous of their efforts to end the standoff peacefully and dismissive of their attempts to enter the burning building to save lives. Byron Sage, a retired FBI agent who was the lead negotiator at Mount Carmel, said he will forever regret the loss of life. "Nine people came out that day. Not one of those people took the time to bring a child out," he said. "I will never understand that." ………"

Fort Worth Star Telegram 6/19/00 Jennifer Autry "……Most Davidians died of smoke inhalation or carbon monoxide poisoning, although 18 had gunshot wounds consistent with suicide and a few suffocated or died from blunt trauma, according to autopsy reports, many of which were prepared by Tarrant County Medical Examiner Nizam Peerwani. …….."

Fort Worth Star Telegram 6/19/00 Jennifer Autry "……"Saying, `We don't have any plans to fight a fire,' means you were condemning them to death if a fire starts," Brannon said. But government attorneys said that Rogers' statement has been misrepresented. FBI agents had been in contact with local fire departments, they say, but could not solve the problem of getting them in without exposing them to the Davidians' firepower. …….. Although much of the testimony will focus on April 19, the jury will also consider the ATF's actions on Feb. 28. The ATF had invited the media to document the operation, called "Showtime." Defenders of the Davidians assert that the ATF wanted to make a strong impression just weeks before federal budget hearings. ………When the firefight broke out, the agents fired indiscriminately, shooting through walls and windows, the Branch Davidian attorneys say. But the government says the Davidians pinned down their agents in an ambush. ……"

St. Louis Post-Dispatch 6/24/00 Terry Ganey "……Attorney General Janet Reno said the FBI told her to "butt out" of Waco operations once she gave approval to a tank-and-tear-gas operation to force Branch Davidians out of their complex on April 19, 1993. In notes of an interview with Reno, conducted four months after the siege ended, Reno said that since she was not on the scene, operational control of Waco events rested with FBI commanders. "They told me I should butt out after giving OK," the interview notes said. "Can't call back." …..The interview was conducted by a lawyer hired by the Justice Department to look into the siege at Waco. Over government objections, the Branch Davidians' lawyers introduced a brief segment of the notes Friday during the trial of the sect's wrongful death suit against the government. …."

St. Louis Post-Dispatch 6/24/00 Terry Ganey "……"If they were concerned about just tearing down the building, they would have commenced from the outside," Reno said. The interview notes said Reno considered the idea of building a prison around the complex. She decided against it because she was told the Branch Davidians had long-range weapons, including a .50-caliber rifle, that would have required too large a perimeter. …….Near the end of a 51-day siege, Reno was told the Branch Davidians were equipped to hold out for as long as a year. …….. "

AP 6/21/00 Suzanne Gamboa "…….The panic and terror within the walls of the Branch Davidian complex was relived Wednesday as the audiotaped drama of the first moments of the government's 1993 raid was played in the cult's multimillion-dollar wrongful death trial. ……"There are 75 men around us and they are shooting at us at Mount Carmel!" sect member Wayne Martin screamed in the telephone. "Tell them there are children and women in here and to call it off!" …… The pops of gunfire could be heard in the background as sheriff's officials on the phone scrambled to calm Martin while simultaneously trying to reach federal Alcohol, Tobacco and Firearms agents at the scene. …….The exchange was captured on 911 tapes by the McLennan County Sheriff's Office, whom Martin called when shooting started on Feb. 28, 1993. ….."

AP 6/21/00 Suzanne Gamboa "……."I have a right to defend myself! They started shooting first!" Martin yelled in a speakerphone to Sheriff's Lt. Larry Lynch. …….. "Tell them to hold their fire, leave the property and we'll talk!" ……. More of the exchange was heard when government attorneys countered with tape segments of their own. The excerpts included recordings of Lynch trying to persuade Martin to maintain the cease fire so injured agents could be retrieved and to arrange help for injured people inside the compound. ……. The injured agents were removed, but the Davidians rejected medical help. ……"We don't want anything from your country," Martin said on one tape. "That's what our wounded are telling us. They don't want your help." ……Martin and four of his children ultimately died in the fire. ….."

foxnews.com 6/21/00 Sherri Chunn "…….A judge hearing the $675 million wrongful death case against the government over the deadly 1993 Waco siege has excluded testimony from three FBI negotiators who said tanks should not have been used to end the standoff. Plaintiffs' attorneys, who considered the evidence important to their case, said the ruling by U.S. District Judge Walter Smith would force them to adjust their case. "We will have to shift gears and bring other witnesses," said attorney James Brannon after the trial opened Tuesday. ……."

foxnews.com 6/21/00 Sherri Chunn "…….In his ruling, Smith agreed with government lawyers who say the negotiators' testimony and communications fell under a privilege that shields the federal government from liability even if its agents' actions prove negligent. It is designed to give federal officials the ability to act without fear of a lawsuit. ……U.S. Attorney Michael Bradford, defending the government, said the agents were making difficult decisions in a tense situation. "How negotiations are discussed shouldn't be second-guessed by the court system," he said. …….It was unclear whether plaintiffs' attorneys can use a March 1993 memo warning that the FBI would face trouble if tanks were used at the compound and children died. ……. The memo by FBI profiler Peter Smerick to on-scene commander Jeffery Jamar has been described by Brannon as his best evidence from the government. ……."

Esther M. Bauer 6/21/00 Special to The Washington Post "……The tear-gas assault and fire on April 19 occurred after on-scene commanders became "frustrated and ordered the dismantling of the building" in a substantial deviation from a plan that called for a "two-day process . . . to convince the occupants to leave," Caddell said………. As the trial began today, a witness who lived in the compound as a child disputed her taped 1993 interview with a Texas Ranger, in which she said her mother shot at federal agents during the initial raid. The interview was conducted within days of the raid……… Caddell told the six jurors that the FBI fired incendiary tear gas canisters that started at least two of the three fires that engulfed the compound, but acknowledged that sect members set the third fire……. FBI agents fired weapons to prevent the Branch Davidians from escaping and negligently excluded firefighting measures from the overall assault plan, Caddell contended…….. U.S. Attorney Mike Bradford, the lead defense attorney, said blame for the loss of life, though "a tragedy that is terrible for all of us" lies at the feet of the Branch Davidians and their leader, David Koresh, who, he contended, led the sect into a suicide pact………No residents were hurt when tanks punched holes in the compound's buildings to pour in tear gas and flush out the Branch Davidians because that was done in largely vacant areas of the structures, Bradford told jurors……"

CBSNEWS 6/20/00 AP "…… Many of the survivors and relatives were in the courtroom as the names of the dead were read into the record Tuesday. …….. Cadell has said that the four Bureau of Alcohol, Tobacco, and Firearms agents killed in the raid were "victims of the same bad tactics, bad management and bad decision-making that ultimately resulted in the deaths of so many Davidians." ……. Another focus of the trial is expected to be whether using tanks to push into the compound deviated from a plan approved by Attorney General Janet Reno. …….. ….."

St. Louis Post-Dispatch 6/20/00 Terry Ganey "……The videotaped faces of 15 smiling children greeted the jurors Tuesday during the opening arguments of the Branch Davidians' wrongful death trial against the government. …… Mike Caddell, the sects' survivors lead lawyer, used video of the children who later became fatal victims of the Waco tragedy as an emotional opening to his claim that the government didn't do enough to protect them during its final siege on April 19, 1993. ……. After he introduced each one of the bright-eyed children who had been videotaped before they lost their lives from fire and gunshots, Caddell put their still photographs on a board for the jury to see. He said each "never owned a gun, never fired a gun, never broke the law, never hurt anyone." ……"

St. Louis Post-Dispatch 6/20/00 Terry Ganey "……Bradford said the Davidians' Mt. Carmel complex eight miles outside of Waco was "an armed encampment." He said Koresh had convinced his followers that he was a modern day prophet who predicted the world would end in a violent confrontation with the government. He said some male followers had allowed Koresh to father children with their wives and that those children were among the 80 people who died during the siege. ……"

AP 6/20/00 Sherri Chunn "……Seven years ago, during the long government standoff with the Branch Davidians, an FBI criminal profiler warned the on-scene commander about using force to end the siege. If the FBI took "physical action" to end the confrontation and children died, Peter Smerick said in his March 7, 1993 memorandum to Jeffery Jamar, agents would be blamed even if they were not responsible. ……Jamar ordered the use of tanks to fire tear gas into the compound on April 19, 1993, to force out the Branch Davidians. A fire broke out six hours into the operation, destroying the compound and killing about 80 people. ……"That's the best evidence we have from the government, period," plaintiffs' lawyer Jim Brannon said on the eve of Tuesday's opening statements. ……. Government lawyers say the memo falls under the "discretionary function" privilege, which shields the federal government - even if its agents' actions proved negligent - from liability in its decisions. The law is designed to give federal officials the ability to act without the fear of being sued. ……"

Brenda Rodriguez 6/19/00 The Dallas Morning News "……. "Ninety percent of the people could care less," said Mr. Middleton, who lives nearby. "They are indifferent. There's people in Waco that know less about this than people out-of-state." At a downtown Waco finance office, Kimberly Everett is one of many who say they wish it would all go away. Sometimes callers to her office make comments about Waco. ……. Houston attorney Dick DeGuerin, who briefly represented sect leader David Koresh and met with him during the siege to try to persuade him to surrender, said he is "bothered a lot" that jurors will be drawn from the Waco area. ……."It really shouldn't be tried there," he said. "The people of Waco and that area are subjected wherever they go to ridicule, humiliation. When you say the word 'Waco,' it means government overreaching. It means religious nuts. It means the terrible things that happened. I think the community is under tremendous pressure to redeem themselves by blaming the Davidians." ….."

Brenda Rodriguez 6/19/00 The Dallas Morning News "……. "We had the whole circus out at the compound. Then we had the civil cases brought by the families of the agents who died in the first raid," said Baylor University law professor Bill Underwood, who was one of the lawyers representing the families in that litigation. "Then we've had the endless series of property disputes among the remaining Davidians. We've had the criminal prosecutions. And now this." ……… "The property, rightly or wrongly, belongs to the Davidian church. A Waco jury said we're not going to give it to anybody," he said. "The only thing that you can analyze out of that was that the jurors were anti-anything that seems to be in favor of Branch Davidians because of the ridicule that the Davidian incident has brought upon the whole community and the city." ..."

JIM YARDLEY 6/18/00 Houston "……For years, the Branch Davidian wrongful-death lawsuit seemed unlikely to amount to anything more than paper. The case file is about as thick as 25 metropolitan phone books, a tower of motions and countermotions once regarded as a monument to futility by those who doubted that the case would ever reach trial. But six years after the lawsuit was filed, the trial is scheduled to open on Monday in Federal District Court in Waco, Tex. Once criticized as a bundle of anti-government conspiracies, the lawsuit is now being taken very seriously...... He has limited the jury's role to deciding whether the government was negligent. He said he would determine damages if necessary…… "The tragedy that happened at Waco was brought about by David Koresh, who considered himself to be a messiah who was predicting the end of the world would come about in a violent conflict with the government," Mr. Bradford, the United States Attorney in Beaumont, Tex., said in an interview last week. …….. The jury trial is expected to last four to six weeks, and the hearing on gunfire could begin in August…….. Mr. Danforth's investigation is not expected to conclude until after the civil trial. Mr. Bradford hopes the lawsuit will end the Branch Davidian controversy. ……"

TBO.com 6/20/00 Sherri Chunn AP "…..Punctuating his statements with video of the children killed at the Branch Davidian compound, an attorney opened his case Tuesday in a wrongful death lawsuit against the federal government. Beginning with 2-year-old Hollywood Sylvia, plaintiffs' attorney Michael Caddell read a list of children ages 2 to 17 who were killed or injured during the government's 51-day siege of the Mount Carmel compound outside Waco. "The evidence will show she never owned a gun," Caddell said of Hollywood. "Never fired a gun. Never broke the law. Never hurt anyone. Hollywood died on April 19, 1993, when she was 2." ……… Among the survivors scheduled to testify is Jaunessa Wendel, who was 8 when government agents first raided the compound where she lived with her family. Another, Natalie Nobrega, was 10 at the time. Both girls were injured and lost parents during the siege. ……."

TBO.com 6/20/00 Sherri Chunn AP "…..Among the evidence the government wanted the judge to keep out was a March 7, 1993, memorandum from FBI criminal profiler Peter Smerick to on-scene commander Jeffery Jamar. The document warned Jamar that if the FBI took "a physical action" to end the standoff and children died, FBI agents would be blamed even if they were not responsible. ….."

WorldNetDaily 6/20/00 David Limbaugh "……On Monday, June 19, 2000, a civil trial began to determine the government's culpability for the Waco massacre in 1993. …….. At least, that's how the media are portraying this wrongful death lawsuit against the government brought by survivors of the Branch Davidians who died in the 1993 raid on the Waco compound. But the truth is that we don't need a trial to establish the government's culpability. It has already been established through the investigations conducted following the event. …….. In seeking to escape liability, the government will no doubt try to portray the incident and the resulting 80 deaths as entirely the fault of cult leader David Koresh. And without question Koresh is partly to blame. But a significant degree of fault also lies with the government, which could have averted this tragedy and spared the lives of these mostly innocent people, including 19 children. Even a jury verdict in favor of the government will not alter that fact. ……."

WorldNetDaily 6/20/00 David Limbaugh "……There have been some seemingly outrageous claims regarding the Waco incident. But the problem is that with this administration you just never know, because deceit is the taproot of so many of its activities. One glaring example is that Janet Reno defiantly denied for six years that the FBI used incendiary devices at the siege. Only Waco wackos would conjure up such a fanciful idea. Right? Wrong…"

WorldNetDaily 6/20/00 David Limbaugh "……Who should we believe? The Clinton administration or the congressional subcommittees? ……The subcommittees did not present a one-sided picture. In fact, they concluded that "the ultimate responsibility for the deaths of the Davidians and law enforcement agents lies with Koresh." But they also said that the ATF's reckless decision to proceed with the raid "more than any other factor, led to the deaths of the four ATF agents killed on February 28." And they found that "although physical and sexual abuse of children occurred, the final assault (on April 19) put the children at the greatest risk." …….That's the understatement of the last century. A government does not protect children by engaging in activities that ultimately led to their deaths. We can figure that much out ourselves, no matter what the jury determines……."

CBSNEWS 6/20/00 "……By the time jurors render a verdict in the trial beginning Monday in Waco, Texas, the tragedy that unfolded near there seven years ago will be one of the most investigated events in American history. ……."People died. And they died the most agonizing, horrible death that anybody could possibly endure: burning alive," said Patrick Caddell, attorney for the Branch Davidians. ...... For example, the suit alleges that FBI agents fired at the Davidians during the final moments of the siege. Yet ballistics tests show "no FBI weapons were fired at any time in the siege." And the Davidians acknowledge they have "no proof anyone was killed by government gunfire." ……… David Thibodeau, a Davidian who was inside the compound when the 51-day standoff came to an end, said Monday on CBS News' The Early Show, "There's a lot of information that the American public hasn't had. I'm grateful the trial is here and a jury will be able to hear all the information." ......"

The Village Voice 6/20/00 James Ridgeway "…….With the Justice Department insisting that government agents didn't fire into the compound, the key to unraveling what occurred may depend on an independent interpretation of the film, which was shot by a hovering government chopper. Central to this endeavor was Carlos Ghigliotti, a videotape analyst for the House Government Reform Committee who was discovered dead in his office in Laurel, Maryland, on April 28 [see Mondo Washington, June 13]. The coroner ruled that Ghigliotti died of natural causes, but friends and family say he was in good health and they are mystified at his sudden death just as the Waco investigation was coming to a head. ………. Now McNulty is raising more questions about a "curious string of coincidences" involving illnesses of important witnesses who, he says, all asked questions about the infrared film and all got sick in late March. Fred Ziegler, an infrared video expert, came down with a serious case of lead poisoning and was rushed to the hospital. About the same time, Dr. Edward B. Allard, the main infrared expert, suffered a stroke that nearly killed him. And finally Mac Cox, a solar geologist who claimed the flashes on the videos were not reflections of sunlight, was hospitalized with a serious renal infection. ……Says McNulty: "It's really strange that just these few men involved with this one narrow issue were stricken." ……"

The Dallas Morning News 6/22/00 Lee Hancock Brenda Rodriguez "…..FBI commanders went beyond a Washington-approved plan for tear gassing the Branch Davidian compound when they ordered tanks to drive deep into the building on April 19, 1993, at Mount Carmel, a former senior FBI official testified Thursday. …….."I don't recall that the plan contemplated this activity," former FBI deputy assistant director Danny O. Coulson testified when shown photographs of damage wreaked by FBI tanks. "You could use the term deviation. You could use the term inconsistent with what I understood the plan to be." …….Among other allegations, the lawsuit charges that the FBI's two commanders in Waco violated the gas plan approved by Attorney General Janet Reno when they ordered tanks to begin tearing down the rear area of the compound known as the gym on April 19. The operation plan had called for gassing the building for at least 48 hours before starting demolition. A fire erupted within an hour after an FBI tank began smashing into the compound's rear gymnasium and ripped half of it to the ground. More than 80 Davidians died in the blaze. ……"

The New York Times 6/22/00 Don Van Natta Jr David Johnston "……Houston attorney Michael Caddell spent much of the morning showing jurors three early drafts of the FBI's gas plan. In those documents, bureau officials proposed issuing a surrender ultimatum when they began injecting tear gas and then sending tanks to begin demolishing the building if all Davidians did not give up within an hour. But the final plan presented to, and ultimately approved by, Ms. Reno repeatedly mandated gassing for 48 hours before using a specially outfitted tank to rip down the outer walls of the building....... .In the segment of testimony presented from Mr. Coulson's deposition, the former official recounted watching the Waco gas operation on a monitor at FBI headquarters in Washington with another senior official. When a tank smashed deep into the front side of the building, he said, his stunned colleague blurted, "Holy [expletive!] ……."

The New York Times 6/22/00 Don Van Natta Jr David Johnston "……In another deposition excerpt, former assistant FBI director Larry Potts was shown a memo prepared with the initials of Mr. Jamar and Mr. Rogers after the incident in which they described some of their agents being assigned to begin "systematic demolition" of the rear gymnasium. ……."I believe that an intentional dismantling of the building at that stage would've required an exigent circumstance [or emergency]," Mr. Potts said, adding that he never heard of Mr. Jamar or Mr. Rogers seeking permission to take such action. Asked if he were aware of any emergency on April 19 that would've required early demolition, he said, "I'm not aware of any." …….."

Dick J. Reavis San Antonio Express-News Staff Writer "…….Starting Monday, survivors and relatives of 84 Branch Davidians who died in the compound will begin a long-delayed federal trial to determine whether the government was at least partially responsible for the deaths. ……… "People need to recognize that there are families and children living without the people who were taking care of them," said Sheila Martin of Waco, who lost her husband and four children in the fatal blaze of April 19, 1993. ……… A few of the more than 100 plaintiffs - surviving followers of Davidian leader David Koresh and next of kin of those who died - brought the wrongful death suit in 1993. Others, through different attorneys, filed suit later. All of the suits were consolidated for consideration by U.S. District Judge Walter Smith Jr. in 1996. ……. The plaintiffs represent a range of those with grievances, from the true believers to non-Davidian parents who detested Koresh and his preachings. But they are united in their belief that the government should be held liable and should compensate them for injuries and deaths. ……. Sarah Bain, a schoolteacher who was jury forewoman during the 1994 San Antonio criminal trial of several Davidians, plans to drop in on the proceeding, "because I keep waiting for the other shoe to fall, for the government to have to face the music." …….. In many ways, the trial will review issues exposed during the criminal proceeding and at 1995 congressional hearings on the Mount Carmel events. But because the civil trial's object is different, the testimony will differ, too. For the first time, several Mount Carmel survivors will take the stand to explain what they observed during the raid, standoff and blaze. …….. Congress heard from two survivors of the fire, Clive Doyle and David Thibodeau, in 1995, and other survivors have told their stories to authors and documentary filmmakers. Only one, Marjorie Thomas, a witness for the prosecution during the criminal trial, has testified in court - and her testimony was by videotape. "

The Dallas Morning News 6/18/00 Lee Hancock "…..Seven years after the deadly confrontation between federal agents and the Branch Davidians, the combatants will gather Monday in a Waco federal court to decide how much blame, if any, the government should share for the 1993 tragedy. ……… Also hanging in the balance are public confidence in federal law enforcement and the legacy of Attorney General Janet Reno, whose now-waning tenure began with her decision to let the FBI use tanks and tear gas to resolve the Waco standoff. ………"What the Justice Department is concerned about is that a verdict against it would sustain the long-standing criticism of its conduct and the relatively large group of Americans who have been energized by this incident. ...Waco horrified a great number of people in the mainstream," said Jonathan Turley, a George Washington University law professor. "The Justice Department, however, tends to portray the Waco incident as largely a concern for fringe and extremist groups. ......... "The Justice Department and Reno know that Waco will remain one of the darkest chapters in her tenure. If there's a verdict against the government, this incident will become more than a mere footnote," he said. "A verdict would be a statement of the community against the conduct of the government. What's important is that this jury and judge cannot be dismissed as a fringe group." ……"

The Dallas Morning News 6/18/00 Lee Hancock "…..But for at least one group, the trial may prove a disappointment either way. Some of the most vehement critics of government actions in Waco say they are skeptical about whether the trial will resolve much because of U.S. District Judge Walter Smith's decision to dismiss many issues outright and remove others from consideration by the trial jury. …….. "The 1993 conflagration spawned an entire cottage industry of conspiracy theorists, some of whom were previously occupied with their own theories concerning the grassy knoll and whether or not space aliens were being cloned at Area 51," said one government official close to ongoing federal inquiries into the 1993 incident. "It's clear that Judge Smith has little tolerance for the wackier Waco theories." ….."

The Dallas Morning News 6/18/00 Lee Hancock "…..The judge threw out charges in July that government agents infiltrated the compound just before it burned and placed a bomb on top of the concrete room where many of the sect members' bodies were found after the fire, calling the charge "frivolous" and "outrageous."

The Dallas Morning News 6/18/00 Lee Hancock "…..He announced in a hearing last week that he would sever from the jury trial the allegation that flashes on an April 19 FBI infrared video were caused by government gunfire that kept sect members from fleeing the fire. On Tuesday, the judge wrote in a pretrial order that he might dismiss that issue outright. …..Michael McNulty, a Colorado filmmaker whose two Waco documentaries have popularized the April 19 gunfire theory as well as the bunker-bomb claim, said the judge's recent actions suggest he intends "to whitewash the only criminally significant issue in the whole mess. ……… "I don't believe they are going to deal with the evidence ... It cuts the importance of the trial by 50 to 70 percent," he said. "But then, I'm somewhat skeptical whether anything will come out of the federal family, from either this judge and court or [Waco special counsel John C.] Danforth or the Congress." ……"

The Dallas Morning News 6/18/00 Lee Hancock "….. The government trial team also won a recent fight to bring samples from the Davidians' arsenal into the courtroom and show jurors a photo book of each of the more than 200 guns and hundreds of thousands of rounds of ammunition recovered from the compound after the siege. Lead plaintiff's attorney Michael Caddell said he believes he can blunt the impact of that display by addressing the issue head-on in his opening statement. He said he also will speak bluntly about Mr. Koresh, telling jurors that he and others in the sect's leadership may have contributed to the tragedy. …… "There weren't any 2-year-olds carrying AK-47s," he said. "The bad acts of David Koresh and a handful of others created a dangerous situation, but bad decisions by the government created a deadly situation in which the lives of a lot of innocent women and children were lost."……"

The Dallas Morning News 6/18/00 Lee Hancock "…..Some familiar with the case say the argument about excessive use of force by ATF may prove most compelling to jurors. They note that a San Antonio jury acquitted surviving sect members in a 1994 criminal trial of the most serious charge of conspiracy to murder. Eight were instead found guilty of lesser charges of manslaughter and weapons violations. ……. Jurors in that case also told reporters after the trial that they agreed early in their deliberations that "both sides did wrong," and no one could say who started the initial gunfight. Although the more than 20 ATF agents called as witnesses in that trial insisted that sect members fired first, two also acknowledged they initially thought the first shot came from outside the compound. ......"

The Dallas Morning News 6/18/00 Lee Hancock "….. Plaintiffs have alleged that the government's two Waco commanders, FBI Hostage Rescue Team commander Richard Rogers, and FBI regional chief Jeffrey Jamar, violated Ms. Reno's orders in their planning and execution of the final April 19 plan. Ms. Reno has disputed that in her deposition, saying their actions were proper. Both sides have indicated they plan to present video excerpts from her deposition during the trial, and lawyers for the plaintiffs say they will also introduce portions of depositions in which senior FBI officials indicated that the FBI's actions in Waco went beyond approved operational plans. ……"

The Dallas Morning News 6/18/00 Lee Hancock "…..Finally, lawyers will contend that the tanks caused or contributed to the spread of the fire. Even if some Davidians set some areas of the building on fire, some lawyers for the plaintiffs will argue, the government was responsible for protecting innocent women and children from harm and did not respond adequately to the known threat of fire. They will argue that government actions set the tragedy in motion, hurried it to its end and were carried out despite clear warnings about how some sect members might react. ……… Government lawyers will argue that the decisions on how to use tanks, whether to fight a fire or have fire equipment on hand are protected under federal law from later legal challenge. They have filed legal briefs contending that federal law gives broad protection to federal agencies and employees to prevent their being "second-guessed" on policies or decisions - even if the decisions prove negligent or wrong. …….

The Dallas Morning News 6/18/00 Lee Hancock "…..Mr. Bradford acknowledged that the government will present evidence that some of the surviving Davidians, including one acquitted of all charges in the criminal trial and another never charged, were among those who helped set the fires. …… "The point is, we didn't set the thing on fire. They did. We're not responsible," he said. "Our understanding of the law is that it's intended to protect federal law enforcement officers like those at Waco from going into a difficult situation, making the best decisions possible under the circumstances, and then seven years later having those decision picked apart or second-guessed." ……"

Infowars 5/00 Ed Hohmann "….. InfoWars.com has learned that the supposedly independent British company hired by the Justice Department to analyze the March 19, 1999 Fort Hood FLIR video is actually a Washington, DC-area defense contractor with ties to the BATF. Vector Data Systems is a division of Anteon Corporation, a professional technical services corporation staffed with 4,000 highly trained employees in more than 70 offices and government sites worldwide. …… The first film, Waco: The Rules of Engagement, released in 1997, contains Dr. Edward Allard's expert analysis of the government's FLIR video taken during the Mt. Carmel Massacre. A former deputy director of the U.S. Defense Department's Night Vision Laboratory and a pioneer in the field of infrared thermal imaging who holds several patents on FLIR technology, Dr. Allard presents conclusive evidence that the government's own FLIR video shows multiple gunmen firing machineguns into the Mt. Carmel church during the massacre. ……… The popular television show CBS 60 Minutes lost credibility in many people's eyes when Waco: The Rules of Engagement exposed their suppression of a 1996 FLIR analysis by Infraspection Institute that they themselves had commissioned. In January 2000, CBS 60 Minutes II aired a segment that contained new testimony by Paul Beaver, a British military night vision expert. Both the suppressed Infraspection Institute report and Paul Beaver's analysis concluded that the FLIR video showed gunfire being directed into the Mt. Carmel church. …….The House Committee hired FLIR expert Carlos Ghigliotti of Infrared Technology to perform an analysis of the 1993 government FLIR tape. Mr. Ghigliotti was a man of honor who could not be bought. He not only confirmed Dr. Allard's opinions about the gunshots, but went to extraordinary lengths to correlate broadcast video footage with the FLIR video to identify the shooters themselves. However, Dan Burton's House Committee suppressed the evidence being presented to them, ostensibly because the country would be too "shocked" by it. Carlos Ghigliotti was found dead in his office on April 28, 2000 before he could report his final results to the Committee. ……"

Infowars 5/00 Ed Hohmann "….. Unfortunately, Dr. Allard suffered a stroke the Thursday before the Fort Hood FLIR test, so he was unable to contribute to the analysis. Dr. Allard's stroke occurred the same evening that McLennan County Sheriff Jack Harwell died of a heart attack with blood on the walls and floor of the room in his home where he was found. Equally unfortunate was Dr. Allard's replacement, a Dr. Siegel. In March, he collapsed from severe blood poisoning, and was hospitalized for ten days. …….Back in 1996, Infraspection Institute stated that "... due to the potentially sensitive nature of this material and the resulting negative repercussions to Infraspection, we are choosing to decline any further comment surrounding this taped incident and our subsequent professional opinions regarding it's viewing". ….. This leaves only Vector Data Systems to provide an expert analysis of the FLIR video for the two government "investigations".

Neal Knox 6/19/00 "…….It only took two hours to pick a a six-member jury today for Branch Davidian survivors' wrongful death lawsuit against the government……… All individuals were dropped from the suit, allowing it to be heard only by the judge. But he surprised the plaintiffs -- and upset the government -- by allowing an "advisory" jury. After the government secretly objected, Smith said the jury wouldn't hear evidence on the FBI's infrared videotape which appears to show gunfire. ……..Last week the judge indicated he may drop the FLIR issue on summary judgement, based on the supposedly independent "British" experts. But as Attorney Dave Hardy has reported on the Internet, two of the 17 employees of the U.S.-owned defense firm said during depositions last month that it had never before done any FLIR analysis, and that they weren't qualified to say the flashes were not gunfire. ….Funny, I thought that's why they were hired. ……"

Fox News dot com 6/19/00 Sherri Chunn "…..For the Branch Davidians, a court case is a way to make the government accept responsibility for dozens of deaths. For the government, a trial is important to restore faith in law enforcement. Questioning of 50 prospective jurors was scheduled to begin Monday in the wrongful death lawsuit brought by survivors and family members of the dozens who died in the deadly 1993 raid on the Davidian compound. ……. "What's important to us is that the truth come out about what the law enforcement was doing out there. While everything wasn't done perfectly and lessons were learned, everything that was done out there was done in good faith under difficult circumstances," said U.S. Attorney Michael Bradford, lead counsel for the government. …….. "It's about acknowledgment of shared responsibility and a commitment that this will never happen again," he said. ……. "

Salon 6/19/00 Robert Bryce "……What does Mumia Abu-Jamal have that David Koresh doesn't? From Ed Asner to Alice Walker, liberals have flocked to defend Mumia -- convicted in 1982 of killing Philadelphia police officer Daniel Faulkner -- criticizing the way police and prosecutors handled his case and demanding a new trial. Luminaries of the left marched, chanted and purchased full-page ads in the New York Times to appeal to state and federal authorities to provide for Mumia, who has been on Pennsylvania's death row for 18 years. ………. Meanwhile, conservatives have taken up for David Koresh and the 80 Branch Davidians who died in Waco in 1993. Why haven't liberals shown the same concern for them? While there are some questions about the conduct of police and prosecutors in the Mumia case, there are many more lingering questions about the police actions taken against Koresh and his followers………. Indeed, of all the controversial police actions of recent years, the ATF's and FBI's assaults on the Mount Carmel compound are the ones that should have most aroused the left's passion. Never before or since has so much military firepower been brought to bear on a group of American civilians. That fact alone should be reason enough to convince the left to spring into action. After all, the left has long argued for demilitarization. Yet, when the military used tanks, helicopters and psychological weapons (including high-volume speakers blaring music to prevent Koresh and his followers from sleeping) against civilians in Waco, they remained, for the most part, silent. ……."

Salon 6/19/00 Robert Bryce "……Mumia Abu-Jamal has his own theory about the left's silence: Bill Clinton. In a recent exchange of letters from his death row cell in Waynesburg, Penn., Mumia opined that the main reason liberals haven't admonished the ATF and FBI is that they were "so hungry for a win in Washington after years of Reagan/Bush." Liberals "were certainly reluctant to pin Reno/Clinton to the wall after Waco," Mumia wrote, "and then proceeded to ignore and forget the carnage at Mount Carmel." ……"

Freeper Ol’ Dan Tucker 6/22/00 "…If they really wanted to know what happened on February 28, they could just call John McLemore and Dan Mahoney of KWTX to the stand and have them testify. They saw the whole thing and were quoted in the initial AP reports. Here's a brief refresher about what the ATF said in their report versus what was written about in the initial AP reports and what DeGuerin is talking about with regards to the directionality of the bullet holes. ………
"But Koresh slammed the door before the agents could reach it. Gunfire from inside the Compound burst through the door. The force of the gunfire was so great that the door bowed outward... Then gunfire erupted from virtually every window in the front of the Compound."
--Treasury Report, Page 96…….
Photos of the front doors taken during the ATF raid show that the doors weren't bowed outward as described in the Treasury Department's own report and all of the bullet holes show an inward trajectory which indicates that they were created by shooters on the outside of the building firing through the closed doors and into the building. As the close-ups of the front door show, the metal casing of the door around each of the bullet holes is deformed inward. If they were deformed outward as they would have been had a shooter fired outward from inside the house, there would be sharp shadows of the deformed metal under each hole similar to the shadows of the inset door panels………
News reports from the period indicate that the ATF raid didn't proceed as has been shown in the NBC made-for-TV movie or as later reported in the Treasury Report. John Mc Lemore was a reporter for KWTX, a CBS affiliate in Waco, TX and an eyewitness to the initial ATF raid. His cameraman that day was Dan Mahoney. John McLemore himself was quoted as he described the initial raid:……
"They came right in, parked right by the front door and made a frontal assault on the building!"
--John McLemore KWTX Reporter ……
The initial news wire reports of the ATF raid said that:
"According to witnesses, federal agents hid in livestock trailers as they drove up to the compound. As three National Guard helocopters approched, the 100 law officers stormed the main home, throwing concussion greades and screaming 'Come out!'"
--Associated Press ……"

St. Louis Post-Dispatch 6/22/00 Terry Ganey "…….Deputy Assistant FBI Director Danny Coulson was watching a television monitor at agency headquarters in Washington as tanks pumped tear gas into the complex. Sitting beside him was his immediate subordinate, Michael Kahoe. When one of the tanks rammed into the front of the complex, Kahoe said, "Holy (expletive)!" ….. Coulson replied, "I hope that's a bad camera angle." …… On April 19, 1993, the tanks began plowing into the front and rear of the complex about five hours after the gassing began. As the tanks began ramming the complex, the gymnasium roof collapsed, a fire broke out and about 80 members of the sect died. ...... Coulson's statements that included Kahoe's reaction were part of four videotaped depositions by now-retired FBI officials that occupied most of the third day of the trial. The other depositions were from former FBI Director William Sessions, Deputy Director Floyd Clarke and Assistant Director Larry Potts. …… Although the officials agreed that the Reno-approved plan put off destruction of the complex for 48 hours, they also circled the wagons around the two FBI commanders who were on the scene at Waco. The officials would not concede that the tanks' maneuvers were designed to destroy the building. ………"

AP 6/22/00 "…… Coulsen said he was surprised when the tank almost disappeared into the complex because he was afraid it would be trapped. Mike Caddell, the Branch Davidians' lead attorney, asked Coulson if what the tank did was part of Reno's plan. "I don't recall that the plan contemplated this activity," Coulson said. ……"

AP 6/22/00 "……Joseph Servel Jr., a member of the FBI's hostage rescue team, said he was in a converted tank that was shooting tear gas into the complex in an attempt to force the Davidians out. He said the rounds fired from his tank were nonpyrotechnic. ……. "Did you put any military gas rounds into the compound?" asked James Touhey, a Justice Department lawyer. "No," Servel replied. "I'm positive we didn't. I handed Tommy every round that he shot." Servel was referring to Tom Rowan, another agent in the converted tank who was firing tear gas into the complex using an M-79 grenade launcher. ……"

Brittanica.com 6/22/00 Gretchen Barta "……You can fight the government, you just can't sue it. The U.S. government is attempting to use a legal doctrine known as sovereign immunity as part of its defense in the wrongful death lawsuit filed over the deaths of Branch Davidian members in Waco, Texas. The doctrine protects federal, state, and tribal governments and their employees from being sued for carrying out their duties. …… One idea behind the protection is that lawsuits--or the threat of them--could interfere with employees carrying out their duties. Also, the doctrine protects against the loss of assets of the public treasury, which are to be used to benefit the whole population. And protection only works when government employees are on the job. If a federal marshal is on vacation and wrecks somebody's car, sovereign immunity won't help him. Hopefully his insurance company will. ….."

Mark England 6/22/00 Waco Tribune Herald "……Bullet holes in the front door convinced him that agents with the Bureau of Alcohol, Tobacco and Firearms were the aggressors in their Feb. 28, 1993 raid on Mount Carmel, Houston attorney Dick DeGuerin testified Wednesday in the Branch Davidians' wrongful-death lawsuit against the government. "All the bullet holes I saw had smooth edges from bullets coming from the outside," DeGuerin said…….. DeGuerin told Houston attorney Cynthia Chapman - who is assisting her husband, attorney Mike Caddell - that Mount Carmel had a pair of hollow-core steel front doors. Only the door on the right had bullet holes, according to DeGuerin. Chapman poked a hole through paper to illustrate a bullet's entry and exit patterns, causing the government to complain that her object lesson wasn't legitimate. "You don't think so?" Smith asked. "Overruled." ……."

Mark England 6/22/00 Waco Tribune Herald "……Government attorney James Touhey asked DeGuerin during his cross-examination about DeGuerin's testimony before Congress in 1995. Then, DeGuerin said "almost all" the bullet holes in the front door came from the outside. "It's a lawyer's way of covering all your bases," DeGuerin said. "I don't know that every bullet hole in the door was from the outside. I know all I saw or ran my hand over were from the outside. It was a typical lawyer's wishy-washy way of talking." …….DeGuerin also told Touhey that Koresh reported sending all the Davidian men to their rooms before the ATF raid and telling them, "do not fire until I give the word." ……… "

Mark England 6/22/00 Waco Tribune Herald "……The plaintiffs in the $675 million lawsuit played a portion of the 9-1-1 call by Wayne Martin, the late Waco attorney who was a Davidian. Jurors intently followed the transcripts given them. The tape captured the chaos that reigned as ATF agents and Davidians shot it out, resulting in the deaths of four ATF agents and five Davidians……… Martin opened the call by blurting, "There are men, 75 men around our building shooting at us." ………. Lt. Larry Lynch of the McLennan County Sheriff's Department responded, "Mount Carmel?" That prompted Martin to yell, "Tell them there are children and women in here and to call it off!" …….. Periodic gunfire interrupted both men's efforts to work out a cease-fire - each side accusing the other of firing. …….."If they attack us, we're going to fight to the last man," Martin promised. …….."

Mark England 6/22/00 Waco Tribune Herald "……The government also played portions of the 9-1-1 tape, trying to counter the plaintiffs' portrayal of the Davidians as the raid's victims. One dealt with a conversation between Koresh and Lynch. ……"You don't know what we have," Koresh said. "You don't know what we've got." ……."No, sir," Lynch said. ….."You'll end up like this ATF, BATF," Koresh said. "You guys, you're going to get a big butt-whipping." ……. Koresh also told Lynch, "We knew you were coming and everything. You see we knew before you even knew." …….."

Mark England 6/22/00 Waco Tribune Herald "……The plaintiffs Wednesday also presented depositions from several women at Mount Carmel. All of them said they were not warned about the ATF raid and did not carry guns. ……. In a videotaped deposition, Annetta Richards, who was 63 years old at the time of the raid, said a bullet whistled through her bedroom window "within inches of my face. Then I got on my hands and knees and crawled out into the hallway." …….Richards said she saw the Wendel children hiding there. Their mother, Jaydean, died in the raid. "I was afraid a bullet might hit the baby, so I shielded the baby with my body," Richards said. "So I would take the bullet rather than the baby." Caddell later said Richards' experience was typical of the women at Mount Carmel. ……"You saw Annetta Richards," Caddell said. "You think she was a pistol-packing grandma?" …….. Bradford read jurors a portion of Richards' deposition concerning Koresh's hold on the Davidians. Richards was asked if Koresh spoke for God. "If he told you to do something, if God told you to do something, whatever he told you, it wouldn't be a sin," Richards said. ….."

dallasnews.com 6/23/00 AP "……A tank-riding grenadier [Tom Rowan] with the FBI testified Friday that he launched as many as 80 canisters of tear gas into the Branch Davidian complex but could not recall shooting any potentially flammable devices on the final day of the Waco siege. …….. The lead attorney for the sect's survivors and family members, who are suing the government, tried to get the agent to talk about more incendiary munitions. The attorney asked whether the FBI used "military rounds,'' metallic canisters that potentially could spark a fire. "I don't recall if we had military rounds ... or not,'' Rowan said. "I don't believe I've ever fired a military round.'' ...... Several FBI agents, including Joseph Servel and Michael Sackett, have said a fire erupted in the kitchen less than 30 seconds after they saw a tank insert tear gas into the room. ……. "We were in the ... (tank) and I was observing the area of the kitchen or dining room," Rowan testified. "Some smoke was coming from in between the clapboards from what was designated as the kitchen area.'' ……."

CBS via ETHERZONE NEWS WIRES 6/22/00 "…….Plaintiffs in the Branch Davidian wrongful death trial have wrapped up their testimony on the bloody 1993 raid and are expected to focus Thursday on the FBI's actions on the final day of the siege. "You will see the testimony of the FBI leadership on the demolition issue. You will see the FBI leadership say it was not consistent with the plan to start demolishing the building," Michael Caddell, lead counsel for the plaintiffs, said. …….The government contends that the Branch Davidians shot first during the raid and started the deadly fire. Wednesday was the first time a jury heard the entire first tape capturing the beginning of the raid and siege. That segment included a recording of Martin's insistence that he had a right to shoot back. "I have a right to defend myself! They started shooting first!" Martin yelled in a speakerphone to Sheriff's Lt. Larry Lynch. ...... "

 

 

EDUCATION

IRS TAX EXEMPT

newsday.com 6/23/00 Anjetta McQueen "…..A conservative legal group complained to federal regulators and the IRS that National Education Association political activities violated election and tax laws. ….. The Landmark Legal Foundation, which said Friday it mailed formal complaints to the agencies, contends that money from the powerful union's treasury was used in a ''systematic political strategy ... to influence ... federal elections,'' contrary to the law. ……. In its complaint to the Federal Election Commission, Landmark said union affiliates in California, Florida, Illinois and Wisconsin improperly posted NEA political endorsements on their public Internet sites. ….."

ABORTION

DEPARTMENT OF JUSTICE

Insight Magazine 6/17/00 Paul Rodriguez "……how to explain newly obtained internal Justice Department documents that lay out justification for "intrusive investigative activity" by the FBI, the Bureau of Alcohol, Tobacco and Firearms, the U.S. Postal Inspection and U.S. Marshals services and other federal law-enforcement agencies to compile dossiers on groups as divergent as the National Conference of Catholic Bishops, the National Rifle Association and the Women's Coalition for Life?…..News alert! has obtained hundreds of pages on this secret project called VAAPCON, an acronym for Violence Against Abortion Providers Conspiracy, sometimes just shortened to VAAP. These never-before-seen records detail not just suspected criminal activities by some factions of the antiabortion or pro-life movements, but also the political activities, biographies and lobbying efforts by some of the most well-known - and law-abiding groups - in the country.

Insight Magazine 6/17/00 Paul Rodriguez "…..Consider this VAAPCON entry called "Profiles of Pro-Life Groups ... NOT PARTICIPATING IN DIRECT ACTION." It lists the National Conference of Catholic Bishops, Americans United for Life, Feminists for Life, Women's Coalition for Life, American Life League, the Christian Coalition and Concerned Women for America. In one of the documents dating back to 1994 or early 1995, an entry concerns the Catholic bishops' group: "Led by [the late] Cardinal John O'Connor, the Conference is considered by many to be the broadest, best organized and most powerful of the pro-life groups. ……. Then there's this entry on the Women's Coalition for Life: They "describe themselves as both pro-feminist and pro-life. It's an umbrella organization of approximately 1.8 million members, linking 15 existing grass-roots groups led by women opposed to abortion. …….Then there's this item from the secret database: "The Christian Coalition is an evangelical advocacy group founded by the Rev. Pat Robertson after his 1988 campaign for President. In the past, the Coalition focused on such issues as abortion, homosexuality and school prayer. They are presently trying to move more towards the mainstream. At their recent annual conference, it was decided to expand their agenda to include the economy and health-care reform. They engage almost exclusively in lobbying and grass-roots organizing."

Insight Magazine 6/17/00 Paul Rodriguez "…..Larry Klayman, general counsel of Judicial Watch, whose group obtained the documents under a Freedom of Information Act lawsuit, asks: "What in the world are Janet Reno, Hillary, Bill and their VAAPCON task force doing using law-enforcement personnel to infiltrate, collect and assemble database information of this type? We were told by one source that some in the FBI objected to the monitoring of these groups on legal and ethical grounds but were overruled by upper levels at Justice." ......, What is curious to even two senior federal law-enforcement officials, one at the FBI and one at the Justice Department, is that the database is under the auspices of the Criminal Division and that virtually all entries are part of what's called an "FI" tag - that is, a "full-investigation" label. "This is wrong and it ought to be exposed for what it is, a political witch-hunt," said a concerned FBI agent. ……"

 

INTELLIGENCE – Piercing Security

NATIONAL LABS

Washington Times 6/24/00 Bill Gertz "……A Los Alamos National Laboratory scientist misplaced classified documents stored on magnetic disks, further highlighting security problems at the nuclear-weapons facility, The Washington Times has learned. …… ``This security incident is currently being reviewed,'' said Stu Nagurka, an Energy Department spokesman. Mr. Nagurka said the documents were reported missing and later recovered during an audit of classified material after the loss and recovery of two computer hard drives that contained nuclear-weapons secrets. ………. ``Classified information that should have been in one secure area at Los Alamos was found in a nearby secure safe,'' he told The Washington Times. ``The information had never left a secure area and had always been appropriately stored, just in a different location than originally thought.'' …….. The missing information was discovered in a single day, however. Mr. Nagurka provided no other details about the incident. …….. The breach was uncovered during an inventory of electronic media _ disks and tapes _ used to store classified information. The audit is part of an effort to review security at the laboratory and involves checking ``bar code'' information on the media. ……."

Tribune-Herald 6/24/00 Tommy Witherspoon "…… However, Reno, Sessions, former deputy assistant FBI director Danny O. Coulson, former assistant FBI director Larry O. Potts and former deputy FBI director Floyd Clarke all testified that Reno ordered that sufficient emergency vehicles be available to handle all emergencies. They said that included fire trucks. ...... Potts and Clarke said that if such equipment had been available, it would have been standing by. Potts told Caddell that he was unaware of an offer from a private firm in California to loan a remote armored firefighting vehicle to the government during the siege. ……."

Tribune-Herald 6/24/00 Tommy Witherspoon "……Caddell introduced a report from an interview two FBI agents conducted with Reno in August 1993 during the investigation into the Branch Davidian tragedy. Reno indicated that she told FBI leaders to "back away" during the tear-gas operation if Branch Davidians put children in the compound's four-story tower. ...... "They told me I should butt out after giving okay. Can't call back. Not law enforcement official. Not on scene," the agent's hand-written notes from the Reno interview indicated. ….. Caddell criticized government officials for not providing the interview notes to him until two weeks ago, calling the delay "reprehensible, inexcusable and unforgivable." ......... "When an interview with Janet Reno in August 1993 says they told her to butt out and can't call back, I think the jury understands what that means," Caddell said. "And now to prop up Janet Reno as the be-all and end-all of what did or didn't happen at Mount Carmel in 1993, of course, is ridiculous. I think at the end of the day, the jury was dismissing Janet Reno and just ignoring her." ….."

Tribune-Herald 6/24/00 Tommy Witherspoon "…… Steve McGavin, an FBI supervisory agent who helped develop the operation plan for the final day, defended orders that led to the destruction of the gym on the back side of the building. He said the tanks drove through the gym to open escape holes for Davidians and to clear a path to the tower. "I can't say they are dismantling the gym," McGavin said. "They were ordered to try to create a path to the concrete bunker in the center of the structure because there were reports that there were people in there and the gas was not taking effect." Cadell asked McGavin if he had watched FBI videos that showed a tank repeatedly driving into the side of the gym, backing out and driving in again. ……. "It is my belief that he was trying to create a path to the tower," McGavin said. Caddell pointed out that the vehicle ramming into the side of the gym was not equipped to inject liquid tear gas. "So if Mr. Bradford said in his opening statement that the purpose of the vehicle was to spray CS gas, that is just not right, is it?" Caddell asked. "I would assume that he was clearing a pathway so another vehicle with gas could come around and deliver the gas," McGavin said……"

Tribune-Herald 6/24/00 Tommy Witherspoon "……Caddell asked the agents about the use of military rounds, tear gas canisters that potentially could spark a fire. McGavin said FBI agents had several of the military-style rounds. He said most came from local law enforcement agencies which were called on to donate the items when the arsenal of ferret rounds was depleted. Smith announced Friday morning that he had excused one of the seven jurors because of "personal problems of a substantial nature." ….."

Waco93.com FBI Sniper Details Davidian Standoff 6/25/00 QUANTICO, Va. Jun 25 -- A member of the FBI's Hostage Rescue Team has broken the bureau's seven year silence about the Branch Davidian standoff. Chris Whitcomb, a former FBI sniper, was so close he could hear the gunfire of Davidians being executed as fire consumed their compound in April, 1993. Whitcomb will soon testify in the FBI negligence trial in Waco about what he saw that day. …….. Whitcomb watched the deadly 51-day siege with Branch Davidians through his rifle scope. His observation post was in a garage used by sect leader David Koresh, 300 yards behind the compound. ……… "The first child I saw at Mount Carmel was being held up in front of a man who came to a window to look out at us. So I'm looking through an optic and the first child I see was a human shield," Whitcomb remembered. Whitcomb is a former newspaper reporter and now an FBI hostage negotiator. He said conspiracy theorists have twisted the truth over the past seven years. ……. During negotiations, Whitcomb said the Davidians spent the nights fortifying their compound with high powered rifles and automatic assault weapons. Whitcomb said the Davidians built sniper's nests -- like professional law enforcement. "We watched them build them over a long period of time," he said. "They would put their shooting positions deep inside a window and hang curtains in front of them. They were very knowledgeable in what they did and how they did it." ……… Whitcomb said the Davidians opened fire from those positions when the FBI began using tanks to put tear gas inside the compound. ……… Whitcomb added that agents pleaded with one woman they rescued to tell them where the children were. He said the woman just gave them a blank stare. …… Last week, FBI agents testified the tear-gassing operation did not include instructions for tanks to smash holes in the building. ……"

Waco93.com 6/26/00 Terry Ganey Post-Dispatch "…….If the trial of the Branch Davidians' wrongful death suit were a high stakes poker game, government defense lawyers would have the benefit of a wild card in their hand. The wild card is a provision in federal law that bars courts from considering damage claims against federal officers for carrying out discretionary decisions, even if those decisions turn out to be wrong. Because of that prohibition, a lot of the information about how the FBI and Justice Department dealt with the Davidians has been kept out of court…….."

Waco93.com 6/26/00 Terry Ganey Post-Dispatch "…….The government contends the FBI's on-scene commanders had discretion over how to carry out a tank and tear gas plan that was supposed to force the Davidians out of their complex after a 51-day siege. Government lawyers filed a motion Friday saying the two claims involved the "permissible exercise of policy judgment" and should be dismissed. ….The motion was based on the discretionary exception contained in federal law…….The motion said the law's protection for government employees extends to decisions made by administrators in drawing up plans. ….."

Waco93.com 6/26/00 Terry Ganey Post-Dispatch "…….Last July, Smith ruled that the use of tear gas to evict the Davidians could not be challenged because of the exception. More recently, the government managed to block from the court's consideration the fact that FBI negotiators had warned their commanders before the tank attack that the Davidians seemed paranoid and would react violently if confronted with tanks. The negotiators predicted, accurately as it turned out, that lives would be lost and the FBI would be blamed. ….."

Waco93.com 6/26/00 Terry Ganey Post-Dispatch "…….Caddell said that while the on-scene commanders had discretion, it was limited by a written eviction plan that had been approved by Attorney General Janet Reno. That plan was supposed to put gradual pressure on the Davidians by gassing part of their complex……….. Converted tanks - needed to protect agents from the Davidians' heavy weapons fire - were to pump tear gas through the windows. The plan also required the commanders to have adequate emergency equipment standing by. ……. Earlier drafts of the plan called for creating openings in the building and demolishing it. The final plan contained no provision for creating openings and did not recommend tearing it down until the gassing had gone on for 48 hours………"

Waco93.com 6/26/00 Terry Ganey Post-Dispatch "……. A tank smashed into the front to get to a concrete room where Davidians were hiding. In the back, a tank rammed so deeply into the complex that the gym roof collapsed. Later, the FBI attempted to give medals to the tank drivers for "the dismantling of the gym," something that was not part of Reno's plan………. Whether or not the court considers these issues, it appears doubtful that they will be part of special Waco counsel John Danforth's investigation….."

Salon Mag 6/21/00 "…….Today, readers respond to Robert Bryce's June 19 article, "Why does the left ignore Waco?" and weigh in with their own opinions on the government's role in the tragedy. …….. Furthermore, all the Davidians had to do was open the door and surrender to the warrants for their arrest. They'd have had their day in court. Instead they chose to shoot at and kill ATF agents who served those warrants. They brought their fate on themselves. Any armed group who resists arrest, regardless of their political beliefs, will precipitate a violent response from the government. I'm not so naive as to call that martyrdom. -- Beth Blankenship ……"

Salon Mag 6/21/00 "…….I am very disappointed that many feel it necessary to do their righteous libertarian chest-pounding over this when there are many better issues to cry freedom over than vilifying the federal government for going after illegally armed right-wing, child-molesting religious cults. And no, in this case the slippery slope does not bother me. I don't really care the politics of it. Whoever it is dealing in weapons to ply their paranoia and hate should hear from my government no matter if they are Left, Right or otherwise. -- Randall Guyton ……"

The Dallas Morning News 6/26/00 Brenda Rodriguez "……….Day after day, Branch Davidian Sheila Martin sat quietly in the back of a federal courtroom last week, reliving the tragic events that brought her here. ...... For Mrs. Martin, like other Branch Davidians, the days in court haven't been easy. "I guess little by little each day it gets more difficult," Mrs. Martin said a day after jurors were allowed to hear a 911 tape of her husband, Wayne Martin, screaming for federal agents to "back off" from the compound during the chaotic Feb. 28 raid at Mount Carmel. ...... She said it was rough to hear the recording, adding that her husband only wanted to help protect the women and children in the compound. He and their four children died in the fire that ended the standoff. ……. Mrs. Martin said she thinks of her husband while in court, often imagining how he would have handled the case. Mr. Martin was a Harvard-educated lawyer who had his law office at Mount Carmel. ……. Branch Davidians who testified last week were questioned closely by government attorneys on the teachings of leader David Koresh. Most disputed the government's claim that he preached regularly about guns and making war on the government. ...... "

The Dallas Morning News 6/26/00 Brenda Rodriguez "……….Ms. Riddle said that she was never taught to fire a gun and never heard Mr. Koresh teach about guns in Bible studies. She said the weapons she vaguely knew were in the building were simply an "interest" and a "moneymaker" for a few people who had them to buy and sell at gun shows. ……..Lawyers for the sect conceded during opening minutes of the trial that more than 300 weapons - including assault rifles, pistols, silencers, two .50-caliber rifles and 48 illegally converted machine guns - were found in the compound rubble after it burned. Along with the guns were hundreds of thousands of rounds of ammunition, some of it armor-piercing bullets, and a large array of paramilitary clothing and gear. ………Asked if she ever entered into a suicide pact with others at Mount Carmel, which government lawyers have said was a cause of the final fire, Ms. Riddle smiled and said no. ……… Clive Doyle, who now holds Bible studies at Mount Carmel and survived the fire, said it was good to see 16-year-old Jaunessa Wendel and 18-year-old Natalie Nobrega. Both girls lived with their parents at the compound. Ms. Wendel's parents and Ms. Nobrega's mother died in the Mount Carmel tragedy. ... The teenager said that before she left the compound during the standoff, she went back into her room to collect belongings and saw her mother's body on a bed covered with a blanket. Her father later died in the fire. ...... Ms. Nobrega, who turned 11 on March 2 when she left the compound during the siege, said she remembered her mother kissing her "between every sentence" as they said their goodbyes. Her mother also died in the fire. ……… "From what I know of Judge [Walter] Smith - how he operates, what he's done in the past - I would be very, very surprised if we got justice or a favorable settlement," he said. "That does not mean that it can't happen, because I believe in miracles." ......"

Dallas Morning News 6/25/00 Lee Hancock "…..Lawyers in the Branch Davidian wrongful-death case have filed a detailed challenge to a British firm's report dismissing their claims of government gunfire at the end of the 1993 siege. …….. The pleading, filed Friday afternoon by lead plaintiffs' lawyer Michael Caddell, is aimed at persuading U.S. District Judge Walter S. Smith to reconsider his recent threat to throw out the issue. The pleading argues that further investigation and a full-courtroom airing are needed because the report by court-appointed Vector Data Systems is too flawed to resolve whether government gunfire caused repeated flashes on a 1993 FBI infrared recording. ............ It includes a report from a retired CIA imagery analyst disputing Vector's conclusion that flashes on the FBI video weren't gunfire because no gunmen were visible where flashes were recorded and no people were visible until after a fire had engulfed much of the Branch Davidians' building. ….. In a preliminary review of the infrared recording and still photos taken from an FBI airplane, the analyst said he could see personnel on the ground in three areas near the front and rear of the compound just before it burned. …….. "Vector Data Systems is incorrect in the claim that personnel cannot be seen," stated the four-page affidavit by Carroll L. Lucas, who worked for the CIA for 25 years and has more than 45 years of experience in both classified and unclassified imagery analysis. "The Vector Data Systems analysis indicating that recorded flashes on the Mount Carmel imagery are solar flashes is flawed and unreliable." ….."

Dallas Morning News 6/25/00 Lee Hancock "…..The government's defense team has argued that studies submitted by two Defense Department scientists in support of the sect's charges are junk science and government scientific experts have also debunked the gunfire claim. ...... Government lawyers have also dismissed recent criticisms of Vector as insignificant. They contend there is ample scientific evidence to support Vector's core claim that heat and sunlight reflections - not government gunfire - caused the flashes on the April 1993 FBI video. ......... On Friday, Mr. Clark said he plans to file his own detailed brief on the issue early next week and said his pleading will including a study supporting the gunfire claim from a New Jersey infrared expert. A conservative media watchdog group, Accuracy in Media, funded that expert's study, and its chairman, Reed Irvine, said Friday that his and another Washington-based conservative group are considering commissioning a full infrared field trial to challenge the court's Vector test and study. ........."

Dallas Morning News 6/25/00 Lee Hancock "…..Mr. Caddell's Friday pleading complained that two Vector analysts recently deposed by both sides in the lawsuit gave conflicting testimony with key elements of Vector's written report to the court in May. …….. While Vector wrote that its March test produced flashes from sunlight reflecting off debris that were comparable to flashes in the 1993 infrared tape, one of Vector's analysts acknowledged that Vector produced no instance of multiple flashes coming from debris at Fort Hood. In comparison, Mr. Caddell's brief said multiple flashes occur repeatedly on the April 1993 video. ......The two analysts also acknowledged other discrepancies in Vector's study and admitted that the firm could not produce any records detailing the development of its conclusions because it has a policy of routinely destroying all draft reports and notes ...... Deposition transcripts indicate that one of the analysts even admitted that neither were qualified to evaluated whether any of the infrared recordings from 1993 captured gunfire. ...... Although the second analyst questioned disputed that, the transcripts indicate, even he acknowledged that the report hinged on the opinions and analysis of a third Vector employee, David Oxlee. Mr. Oxlee is now recovering from prostate cancer and cannot come to the United States until late July. ......, "The gunfire issue is too important to this case and to this nation, too complex and too contested to be decided ...without Vector's 'lead analyst's' testimony and plaintiffs' experts evaluation of that testimony," the brief argued. ......"

Dallas Morning News 6/25/00 Lee Hancock "….. Filed along with Mr. Caddell's brief were transcripts from the Vector analysts' depositions, which included internal Vector documents that acknowledged that the 18-employee British firm would be challenged by the Waco infrared study. In a memo written after Vector was retained as the court's expert, one Vector employee wrote that there were "some risks" in taking the project. "We may not be able to match the scientific or technical qualifications or FLIR [forward looking infrared] sensor knowledge of some individual players on either side," states the internal memo. ……. Further detailing pros and cons of the project dubbed "Mason" after the '60s television lawyer Perry Mason, the memo warned that only Mr. Oxlee had credentials comparable to the experts working for both sides in the wrongful-death case and he was already known to be in frail health. …….. "With respect to other VDS colleagues, the rest of us may look good on paper, but with respect of this specialized field, I suggest that we would take a significant drop in experience or skill and credibility should ... [Mr. Oxlee] not be available," it stated. "Bottom line: notwithstanding some risks that under some conditions we may not match the scientific or technical qualifications of some players, this is manageable." ……. "

Dallas Morning News 6/25/00 Lee Hancock "…..The depositions also include detailed testimony about Vector and its American parent, Virginia-based defense conglomerate Anteon Inc. Although Vector's board includes Anteon's senior executives, the two analysts questioned last month stated that the firm included only its British employees in the Waco project and was not pressured or influenced in any way by its parent company. …….. Citing Vector's American ownership, Mr. Caddell's brief argued, "The court cannot simply assume that Vector is right because it was chosen by the O.S.C. [the office of Waco special counsel John C. Danforth] and is ostensibly nonaligned. Indeed, [the analysts'] ... testimony makes clear that Vector is very much aligned with the U.S. government." …….. Mr. Danforth selected Vector Data Systems late last fall to help his investigators study the infrared recording taken on the final day of the siege from an FBI airplane. Judge Smith then appointed Vector on Mr. Danforth's recommendation to evaluate the recording for the court and supervise the court-ordered infrared field test at Fort Hood. ……."

Dallas Morning News 6/25/00 Lee Hancock "…..Federal officials familiar with the inquiry say Vector's analysis is expected to be a cornerstone for Mr. Danforth's final investigation report, which is expected to be released this fall. Officials with Mr. Danforth's office could not be reached for comment Saturday. …….Mr. Caddell said Saturday that he is hopeful that the judge will keep the gunfire issue alive because of clear problems with Vector's study. But he added that he considers it "a distraction" to the issues in the wrongful-death trial. ……… "Depending on how the trial comes out, we may reconsider the gunfire issue. We can only recover for these deaths once," Mr. Caddell said. "Right now, this trial is more important. If we make a recovery from other causes of action, we may not pursue the gunfire issue." ……"

newsday.com 6/26/00 Sherri Chunn "……….Tanks smashing holes into the Branch Davidian complex contributed to the fire that engulfed the compound, a fire expert testified Monday in the wrongful death lawsuit against the government. ''There's no doubt the government's actions, particularly these incursions by (the tanks) not only increased the rate the fire burned, it decreased the clean air people inside had to breathe,'' said fire investigator Patrick Kennedy. ……. While he could not say conclusively what caused the fire, Kennedy said the tank penetrations turned the walls into ''kindling'' and the openings allowed strong winds to feed the flames. ……..Kennedy said the fire could have been caused by leaks from liquid propane cylinders inside the building, or by a tank knocking a fuel line in the kitchen loose. ...... Earlier, survivor Graeme Craddock said in a videotaped deposition that he saw another Branch Davidian pouring fuel in the chapel area before the fire started. Craddock said he never poured any fuel or lit any fires on the final day of the siege, nor did he see anyone actually light a fire or know of any plans to burn down the complex. ……."

newsday.com 6/26/00 Sherri Chunn "……….Describing the scene when the fire broke out, she said,''I could hear rushing, screaming, crying, people praying.'' Thomas jumped from a window and was one of nine sect members who survived the last day of the 51-day standoff. ......Thomas said the sect members never planned to either start a fire or commit suicide. …….But during cross examination, U.S. Attorney Michael Bradford pointed out that in a 1993 deposition, Thomas said Koresh had talked more than once about suicide plans. …….Plaintiffs' attorneys also presented a March 1993 memo warning that if the FBI attacked the compound to end the standoff, Koresh and his followers ''would fight back to the death.'' The memo has been described by a plaintiffs' lawyer as the ''best piece of evidence from the government, period.'' ……."

Associated Press Writer 6/26/00 Sherri Chunn "……As flames raced through the Branch Davidians' wooden complex on the final day of the sect's 51-day standoff with the government, nine people found escape routes and survived. …….. "We've got a lot of cleaning up to do," Caddell said Sunday. "We've put in a lot of very strong evidence for us. We'll be reinforcing some of those points." …….FBI agents testified during the first week of the case that the tear-gassing operation designed to end the standoff did not include instructions for tanks to smash holes in the walls of the building. They said they were surprised when they later saw tanks penetrating the building. …….. But Attorney General Janet Reno, in a videotaped deposition shown Friday, said federal agents on the scene had the discretion to do what needed to be done to remove sect members and insert tear gas…….. ".

St. Louis Post-Dispatch 6/27/00 Terry Ganey "……."I heard screams. I could hear crying. People were praying." …….. With those words, Marjorie Thomas, a fire-scarred survivor of the government siege at Waco, described the last moments of the Branch Davidians as flames engulfed their complex in 1993. ……"I stayed where I was," said Thomas, who was in a bedroom on the second floor when the complex caught fire. "Then, things got quiet. I thought maybe they found a way to get out." ……. Her testimony Monday in federal court was the most compelling so far in the week-old trial of the Davidians' wrongful death case against the government. It was also the most conflicting, because it was sometimes at odds with sworn statements she gave seven years ago. ……..Thomas, who was burned on about half of her body, still suffers from her injuries. Her hands are scarred from the flames, and she used a cane to walk slowly into the courtroom. She spoke in a soft voice for more than 90 minutes. …….Thomas said thick smoke had kept her from seeing a way out of the building. At one point, she stepped on the hand of a person lying on the floor. "I felt along the wall. You could hear the flames roaring. Things were popping. It was noisy. I could feel the jacket I was wearing melting." Thomas saw a bright spot in the smoke and worked her way to it. She found an open window and jumped out. ……."

St. Louis Post-Dispatch 6/27/00 Terry Ganey "……."Thomas said that on the day of the raid by the Bureau of Alcohol, Tobacco and Firearms, she and her roommates were looking from a window at approaching helicopters. "I could see the gun from the helicopter, and then he fired," said Thomas. "The bullet came through one of the other windows in the room. We all got down on the floor. By this time, some more of the bullets were coming through the sheet rock and coming across the room." ……. The Bureau of Alcohol, Tobacco and Firearms has long denied that shots were fired from the helicopters. During cross-examination by government lawyers, Thomas was confronted with a sworn statement she made in 1993. She said then that she didn't know whether the man in the helicopter was armed and that she didn't know whether the shots came from the helicopter. In her testimony Monday, Thomas said she didn't remember giving the statement. ……"

St. Louis Post-Dispatch 6/27/00 Terry Ganey "……."They don't know the cause, and they don't know who is responsible," Kennedy said. He said there was "no doubt" that the damage to the complex from FBI tanks ramming it to insert tear gas caused the fire to burn faster, hotter and spread farther. …… When the tanks plowed into the wooden structure, he said, walls were broken up into fuel, and more ventilation was developed that would feed air to the fire. ….. "Not that somebody did that on purpose, but the effect is the same," Kennedy said. "You make it kindling, and you blow on it. It's like starting your campfire out in the woods." ……. Earlier Monday, Graeme Craddock, a Davidian survivor, said in a videotaped deposition that he had heard another sect member talking about spreading fuel and calling on others to start a fire. ...... "If the compound is attacked, in all probability, David Koresh and his followers will fight back to the death to defend their property and their faith, as they believe they did on Feb. 28, 1993," said an internal memo written six weeks before the gas attack. The memo was written by Peter Smerick and Mark Young, FBI psychological profilers. "If that occurs, there will have to be an HRT (hostage rescue team) response and the possibility of a tremendous loss of life, both within the compound, and of Bureau personnel," the memo said. It went on to say that the news media, the public and Congress will ask, "Why couldn't you just wait them out?" ......"

ABCNEWS 6/27/00 Carter M Yang "………. Following the disastrous Waco operation, Reno - who has since become the longest-serving attorney general since the Eisenhower administration - went on TV and offered to resign her post. The president refused the gesture, but Rep. John Conyers, D-Mich., of the House Judiciary Committee told the recently confirmed Reno that her offer of resignation was a good idea. When Conyers suggested the attorney general was not concerned for the children who perished in the tear gas and armored car assault, a firm, but emotional Reno stood her ground. ……… "I feel more strongly about it than you will ever know," she shot back. ? But ... I will not walk away from a compound where ATF agents had been killed." (Four Bureau of Alcohol, Tobacco and Firearms agents were killed in an exchange of gunfire with sect followers two months before the raid.) …….. In 1995, Reno rejected Republican charges that the president interfered with the Justice Department's handling of the 51-day siege.... And when a Republican congressman - this time Rep. John Mica of Florida - once again questioned the attorney general's concern for the children killed during the raid, Reno offered a stern response. "You, I don't think, comprehend - if you talk to me about children - the fact that this instance will be etched in my mind for the rest of my life." "I stayed awake at night, wondering what was the right thing to do," she told the panel. ……In 1999, after allegations surfaced that federal agents had used incendiary devices and directed small arms fire at the compound during the Waco raid, many Republicans cried cover-up and again called for Reno's head. "There are doubts because questions have been raised," said Senate Majority Leader Trent Lott, R-Miss. "All of that leads me to conclude that the attorney general should resign." ......... But once again, Reno stood her ground, appointing a former Republican senator, John Danforth, R-Mo., to investigate the matter. "I don't run from controversy," she said. Danforth's inquiry is still open. ……"

www.infowars.com 6/27/00 "…… FLIR Expert James Seffrin with Introspection FLIR Analysis Company Clearly Contradicts the Federal Lies Surrounding the Carnage at Mount Carmel in 1993. …..This Man is a Great American, and We All Hope That He Watches His Back:

 

"…. I have worked as an expert in a number of cases involving the use of thermography including the use of airborne FLIR imaging systems. During my career I have been responsible for the content of thousands of thermal imaging reports and the conclusions and recommendations contained therein…In 1997, I joinged the staff or Infraspection Institute as an instructor and curriculum developer. …."

"... In April of 1996, Infraspection Institute was asked to review a VHS videotape for the CBS television program, 60 Minutes. The videotape contained aerial FLIR data recorded on April 19, 1993 at the Branch Davidian complex in Waco, Texas. Upon review of the videotape, Infraspection Institute felt that many bright flashes recorded on the videotape were probably due to weapons discharge. For professional reasons, Infraspection declined to provide public comment and subsequently recommended Carlos Ghigliotti of Laurel, Maryland as a FLIR expert…"

"….In June 2000, Infraspection Institute was contacted by an investigator acting on behalf of Accuracy in Media of Washington, DC and asked to review the FLIR videotapes from April 19, 1993 at the Branch Davidian complex and two subsequent reports by Vector Data Systems of Peterborough, England. After reviewing the FLIR videotapes and VDS reports, I can state the following:

"….The images obtained with a FLIR Imager are a combination of emitted infrared energy and reflected infrared energy. During daytime operation of a FLIR system, reflections from the sun and other hot objects may appear as small, intense bright spots and are usually brief in duration, especially when the FLIR is in motion. This is how the flashes from the debris field at Fort Hood appear on the Lynx FLIR. Such reflections do not have motion nor are they elongated in shape…."

"….A number of bright flashes are seen throughout the FLIR videotape on April 19, 1993 between 11:15 am and 12:16 pm. Several of these flashes are inconsistent with solar or other natural or manmade reflections. Specifically, several appear to have both motion and elongation – typical characteristics of gunfire. Additionally, several appear to repeatedly and rhythmically appear from the same location despite the movement of the FLIR Imager which precludes these flashes from being caused by reflections, solar or manmade. Such flashes are more consistent with weapons discharge than any other cause…."

"….The use of an automatic gain control will usually result in a loss of sensitivity within the thermal image. Depending upon the settings of the Imager’s control, objects may be readily seen or they may be diminished to the point where they become unseen…"

"… This report [Vector] is lacking sufficient data to qualify as a reenactment of April 19, 1993. Specifically, technical data regarding the performance of the FLIR is lacking. As discussed above, the settings of a FLIR imager are subjective and it would be difficult to ensure duplication of settings between the two dates. Use of automatic gain control on the FLIR would not ensure that imager sensitivity was duplicated. Lastly, the weather conditions were not sufficiently duplicated to ensure that the site conditions were the same. The conclusions reached in the VDS report are only valid for the site conditions on the day of the VDS experiment at Fort Hood and are not applicable to Waco on April 19, 1993….."

"….Because the Vector Data Systems report, "Imagery Analysis Report The Events at Waco, Texas 19 April 1993", relied upon the inaccurate reenactment carried out at Fort Hood, it is my professional opinion that the conclusions reached in this report cannot be relied upon as accurate…"

"….I declare under penalty of perjury that the above is true and correct…… Robert James Seffrin"

Alex Jones A.M. Radio Show 6/27/00 Alex Jones and Gordon Novel "……He stated that the WACO advisory jury is now down to 5 members as a result of several persons quitting and some being dismissed. There was reference that some may have been threatened. .....
GN: It's like Fort Hood; it's a total sham....
AJ: By Fort Hood, you mean the test they had a few weeks ago....
GN: I mean it is a sham operation that the Judge has taken out the gassing ... It's not much different than Nazi Germany, the idea that it is a discretionary function of the gestapo to murder people by gassing them. And you can't do anything for it because THEY ARE THE LAW. So what they are basically doing, if this goes down, it will be a loud message to all the police departments in America that the murder of somebody they don't like is a discretionary function. So there will be no protecting of the American public from the discretionary function of the federal authorities and that will pass down to the states and the cities. And we will be clearly into a police state. …….
AJ: Well, I think the media and a lot of people that aren't on the inside but are willing accomplices, I think they are starting to see how corrupt this is. Do you agree Gordon?
GN: Yea, the media definitely seems to be understanding the level of corruption, the collusion between Caddell and Bradford and the judge, or conspiracy, if you want to call it that. Because it is obviously an orchestrated situation.
AJ: Yes, and Bradford is the U.S. attorney.
GN: But I would absolutely believe..... Ah, a friend of mine told me that up in Washington, a couple of the patriot types were working within one of the intelligence agencies and had been wiretapping covertly from their computers most of the major players and had collected thousands, if not hundreds of thousands, of hours of these guys talking on the phone and said he was going to release them right after the trial. So, I don't know whether to take that with a grain of salt, or the way I heard it, it sounded somewhat credible. But he said they are in a lock-in conspiracy between the judge and Reno and Danforth and Burton and Caddell.... This is a bipartisan cover-up. This is definitely not a political issue. I mean, the fact that the Rangers are not doing anything about anything. They've got a responsibility.... We've got a witness, the former chief chemist for 25 years of Dow Chemical Co. wants to testify that the methylene chloride levels that were pumped into place killed the people .... both gassing them and making it impossible for them to leave, particularly the vault and that it contributed heavily to the fire. I will say that Caddell's fire (expert) fellow yesterday, was very good in that he said the fire causes were undeterminable. However, Caddell, in his opening remarks said that he believed that the Davidians had set one fire and that the government had set two. He is supposedly going to do his summation by actually accusing the Clark-camp Davidians of setting the fire. So that's the kind of situation....
All of our witnesses are being barred. The judge will only give us 8 hours..maybe he hasn't given us any, I don't know, as of this afternoon, if we are even going to get 8 hours of testimony in.
We've spent about three and a half million dollars and Caddell claims one million and we get to put on 8 hours of the case. I mean it's ridiculous, the evidence is well over a million pages of documents. And we are just looking, Alex, we have 50,000 photographs that were given last week, right before the trial by Caddell, who had had them allegedly since early May and it's impossible to look at 50,000 pictures because end to end, they would be ten miles long. …….
AJ: Certainly, you remember a year ago, Smith started stalling for the FBI, the release of all these documents, and what, you got them a week before the trial Gordon?
GN: Yea, Ramsey Clark was given nothing. The Judge is making it very clear that he is the new Roy Bean north of the Pecos and we are going to have a historic civil trial that is basically totally rigged. It appears to be completely rigged from my experience in foreign countries. I've know of a much better show trial that was done in the Soviet Union. And they do much better show trails than this and this is a joke. This is an absolute total failure.
AJ: Well, we know that and you are the person who broke the story, from your research, that Michael Caddell, and it's now been reported in the major papers, has given over $700,000 to Bill Clinton's re-election bids and, we can tie Caddell, the so-called lead Branch Davidian attorney in all the press reports, and he's not even the Davidians' lawyer, appointed by the Judge as lead counsel, that he is going to get more federal prison contracts with his $500 million dollar construction company.
GN: That's right ………

AJ: ……Gordon, there's so much to talk about. You talk about the documents... Are you guys going to be able to bring into evidence this new Infrapection document? Tell people a little bit about that.
GN: We filed that yesterday. Infraspection, as you correctly interpreted, was contacted by CBS 60 Minutes in 1996. After I took the tape to CBS 60 Minutes, to Mike Wallace, following discoveries by myself and my brother, George Micha (sp) and his son and another friend of ours. We sent it over to Bill Colby, the former director of CIA, to have it checked out and corroborated. Then we got it and we sent it to Mike Wallace.
AJ: Then Colby was killed.
GN: Yea, then it went to Infraspection but they didn't want to talk about it because they were scared. We were told very clearly by Mike Wallace's adoped son, that Mike said it was the first time he had ever seen the kind of pressure that went well beyond the Brown & Williamson tobacco story..
They had to kill the tape. Four years, in January, they came back and said something very positive that it was confirmed. But that's after they were embarrassed in Mike McNulty's "Rules of Engagement."
AJ: Because that was aired on HBO dozens of times.
GN: Yea, so where we are right now, Infraspection has been retained by a news watchdog group called Accuracy in Media, in Washington, and Judicial Watch, and they are proposing, we understand, to do a full-blown open scientific test in the not too-distant future.....
AJ: And that was your idea. We broke that here on the air about two months ago to do a reenactment - a real reenactment
GN: Well, it's going to have to be done at Mr. Carmel and we have to have enough time to get the weather right in order to be able to do it, because the weather is a major issue. It can easily be done and it may be done immediately following the trial because we may have a very unique situation. The jury may be asked not to render its verdict until the Judge renders his verdict on the FLIR tape, because he severed it, saying the issue is too complex for a jury to determine because.... Ah, what he really wants to do is make the argument that because of all the government's attempt to make it appear that the tape exonerates them and that these are just glints off the ground from glass laying on the ground.... The only problem they've got, one of the big problems, is that there are no reflections or solar specular reflections prior to about 10:42 in the morning. So there's four and one-half hours where there are no lights shown.... "

THE WASHINGTON TIMES 6/28/00 Hugh Aynesworth "…..A survivor of the final day of the government's siege on the Branch Davidian compound recalled that her hands were on fire as she leaped from the second floor of the complex that was engulfed in smoke and flames. Misty Ferguson, whose fingers on both hands were later amputated, jumped from a second-story wall the afternoon that more than 80 Branch Davidians died in an inferno at Mount Carmel in 1993.……. ….Michael Caddell, the plaintiffs' lead counsel, led the tiny, soft-spoken Miss Ferguson through her 50-minute testimony slowly, not mentioning the loss of her fingers, but the deformity was obvious when she took her oath and when she would nervously pat her hair………
Referring to one of the government lawyers' opening remarks, which suggested none of the Branch Davidians had tried to escape when the fire erupted, Mr. Caddell asked her what she was trying to do.
"You were trying to get out."
"Yes, sir," she replied.
"Why did you want to get out?"
"I didn't want to be burned," she said. …….."

THE WASHINGTON TIMES 6/28/00 Hugh Aynesworth "…..Ramsey Clark, a former U.S. attorney general, said he had a half-dozen or so witnesses, but thought it might not take more than another day....... Hostage rescue team commander Richard Rogers and Danny Coulson, the FBI's top expert on tactical matters, have offered different theories on what happened and why, but they were not called to testify. Mr. Caddell said he thought the government, which will probably begin its case late today, may want to call some of the commanders, so they can explain what happened and why.......... "I think at this point," said Mr. Caddell, "that they're the ones who have to do things like bring [Jeffrey] Jamar [the head FBI on-scene tactical commander] and Rogers to explain what the hell happened out there, and show everybody what their authority was."........."

THE WASHINGTON TIMES 6/28/00 Hugh Aynesworth "…..Earlier yesterday, a former Branch Davidian whose pregnant daughter also died on the final day of the standoff from a gunshot wound testified that sect leader David Koresh never labeled the agents as enemies. In a deposition read to jurors, Oliver Gyarfas said his daughter, Aisha, who was 17 when she died, was one of several females living at the compound who was married to Koresh…….. Mr. Gyarfas recalled Koresh's Bible studies, saying he taught that there would be an apocalyptic end of the world, but never said tanks, gunfire or fire would play a role. He also said Koresh never taught that the FBI and other federal agents were "the Beast," or the apocalyptic symbol of the devil. "He said the way to win a person over to God's side is to use the Bible and to never use force of any kind," Mr. Gyarfas testified……."

Chris McKenna 6/28/00 The Times Herald-Record "…….. A Chester woman whose son died in the 1993 siege of the Branch Davidian compound hopes the truth about the disaster will be told during a lawsuit now in its second week. And the truth, as Filomena Hipsman sees it, is that the federal government - not Branch Davidian leader David Koresh or his followers - bears full responsibility for the deaths of roughly 80 people, including her son. ………. Hipsman, whose 28-year-old son Peter died not from the fire but from bullet wounds, knows Koresh was obsessed with the Apocalypse, but she does not believe he would have ordered a fiery end for himself or others. "He believed in life," Hipsman said. She also doubts anyone would have complied, whatever their devotion to Koresh. "Who would want to die like that?" she asked. …… Hipsman and her husband went to Texas in September to see where the youngest of their six boys, a 1983 Monroe-Woodbury High School graduate who lived for six years at the Branch Davidian compound, lost his life. ……After the conflagration, Peter Hipsman's body was found buried with four others in a cellar. The cause of death was listed as gunshot wounds to the head and abdomen. An autopsy later revealed the shots to the head were fired at close range. …… Filomena Hipsman said she met a Branch Davidian at the site who said her son was badly wounded during the government's initial raid and then shot by fellow Davidians to relieve his suffering. ……She and her husband saw the cellar where her son's body, now buried in a cemetery in Monroe, lay for weeks in a shallow grave. ….."

San Antonio Express-News 6/28/00 Dick Reavis "……The most dramatic point thus far in the Davidian wrongful death suit, now in its second week, came during cross-examination Tuesday afternoon, when a young witness was asked to turn the pages of a Bible. The witness, Misty Dawn Ferguson, 24, of North Carolina, was dressed in a long-sleeved white suit for her day in court. Government attorney Marie Hagen laid a red-jacketed Bible on the bar of the witness stand and asked Ferguson to identify the handwriting in its marginal notes. The Bible, government attorneys later said, was taken from Ferguson's mother, Rita Riddle, when Riddle surrendered to federal authorities during the 51-day siege of Mount Carmel. It's among a dozen Bibles authorities are holding as evidence in legal proceedings involving the 1993 siege. To leaf through the Bible's pages, Ferguson lifted not her left hand but a stub where her hand had been. Almost all of both hands were amputated because of burns she suffered during the April 19, 1993, blaze at Mount Carmel. Jurors weren't aware of her condition until the moment she turned the page, because when she walked to the stand, she hid her injuries beneath the long sleeves of her dress. After the witness pushed her stub across several pages of the Bible - in full view of the jury - she denied she was familiar with the handwriting. Government attorney Hagen, having gained nothing and perhaps lost much by the exercise, returned to her seat, allowing plaintiffs' attorney Mike Caddell to rest his case. ......"

San Antonio Express-News 6/28/00 Dick Reavis "……. But as the months passed and she formed friendships with other Mount Carmel teens, she said: "I considered it my home." Ferguson said that on the morning of Feb. 28, 1993, the day of the assault on Mount Carmel by U.S. Bureau of Alcohol, Tobacco and Firearms agents, she sensed "stuff flying around my head that I kind of knew was gunfire," and that she fell to the floor. …… She claimed to know little about the ensuing 45-minute gun battle because, "I was so close to the floor, I had my head buried in that floor. I didn't see anything." ……..She told the jury that during the tear gas assault that began about 6 a.m., she saw a metal canister that had been fired into a second-story room, and "it looked like steam coming out of it." …….. Plaintiffs lawyers no doubt will cite her observation as evidence that, as they have claimed, federal agents fired incendiary tear gas projectiles into the building, causing the blaze in which 80 people died. Ferguson said she first realized the building was on fire when she noticed smoke in the air and felt "heat beneath my feet." …….. After Ferguson presented her narrative, Caddell asked her a series of questions designed to build his case for the plaintiffs: "Did you ever fire a gun at Mount Carmel?" "Did you every see any of the other children fire any weapons?" "Did you pour any fuel?" "Did you see anyone pour any fuel?" "Did you see anyone light a fire?" Ferguson answered each question negatively. ……"

San Antonio Express-News 6/28/00 Dick Reavis "……She was followed on the stand by Clive Doyle, a Mount Carmel survivor who shed the first tears from the witness stand during the trial. …... Under Clark's 90-minute questioning, Doyle told the story of coming from Australia, where he was born, to join the Branch Davidian community at Mount Carmel in 1966, at a time when David Koresh still was a child, unknown there. Doyle cited Psalms and the New Testament writings of Paul to explain his religious orientation, especially in regard to Koresh's "wives" or concubines. ……..One of the ironies of this trial is that testimony about the toxic effects of tear gas is forbidden under an obscure doctrine of federal immunity, while testimony about Koresh's sexual shenanigans is fair game. …… Doyle broke into tears as he spoke of his daughter, Shari, 18, who died in the April 19 fire. Clark asked if she had been one of Koresh's several wives….."

San Antonio Express-News 6/28/00 Dick Reavis "…… Doyle, 59, removed his eyeglasses and wiped his eyes. "My daughter never discussed whether she did or didn't have relations with David Koresh," he said. Doyle went on to describe encountering 64-year-old Perry Jones, a senior Davidian, as government agents began to invade the building on April 19. Jones, he said, was crawling on hands and knees and screaming. He had been shot in the abdomen, he told Doyle at the front door of the building. Jones was one of the 76 people who died at Mount Carmel that day. ……"

The Dallas Morning News 6/27/00 Lee Hancock "…… Federal assertions that the Branch Davidian fire was arson are unacceptable because they sprang from an "incompetent" investigation that missed many potential fuel and ignition sources for the 1993 blaze, a fire investigator for the sect testified Monday. …..The government's examination of the Branch Davidian fire failed to identify dozens of propane tanks as potential fuel sources and failed to find burn or pour patterns in any of the three areas where government investigators contended that sect members deliberately set the compound fire, plaintiff's fire investigator Patrick Kennedy said. ......,"You can't say it's arson; it's not arson, it's accidental. The investigation is insufficient and inappropriate," said Mr. Kennedy, a private consultant who has helped investigate more than 2,500 fires and helped write nationally recognized fire investigation standards. "I'm just saying they didn't do their job right." ……….Mr. Kennedy noted that one tank smashed into an area where government investigators said the first fire began and left within only a minute after the first heat from that blaze was spotted by an airborne FBI infrared camera. "That could have released fuel" by crushing propane tanks or lanterns known to be scattered throughout the compound, he said. ...... "The tanks' actions . . . made the fire burn hotter," he said. "It made the fire burn faster. It made the fire spread further. Those incursions cannot be ruled out as being a cause of the fire." ...... The tanks smashed compound walls into "kindling" and opened up massive ventilation flues for the day's 25-mph winds. "Make it kindling, and then blow on it: It's like starting your camp fire out in the woods," he said. ……."

The Dallas Morning News 6/27/00 Lee Hancock "…… Lead plainttiff's lawyer Michael Caddell fought off vigorous government objections Monday and introduced internal government documents in which top FBI negotiators vigorously condemned the decision to send in tanks. Among the documents were a memo written to FBI commanders during the first week of the siege that warned violence would result from any attack on the compound. ………..A second 1993 document detailed post-siege statements by the FBI's highest-ranking negotiator and included his assessment that the FBI's commanders were acting out of anger and frustration. The agent, Gary Noesner, added that the decision to send tanks deep into the compound was "a fundamental flaw" that violated the bureau's operational plan. "Any negotiator would have told them that dismantling the building would provoke a violent response," said Mr. Noesner, head of the FBI's crisis-management program. "That is what triggered the starting of the fires and shooting of the children."

Dallas Morning News 6/27/00 Lee Hancock "……….Lawyers for the sect played parts of a video deposition for jurors on Monday in which Mr. Craddock acknowledged hearing others in the compound discussing spreading fuel and yelling to start a fire. But he said that the Branch Davidian he heard discussing pouring flammables was actually yelling for another sect member to pour it "outside, not inside." ……. He added that another sect member whom he heard calling out orders to start a fire gave those instructions only after others had yelled that the building was ablaze. He said that he later heard a Branch Davidian yell, 'Don't light the fire.'" ………..Government lawyers questioned Mr. Kennedy closely Monday about Mr. Craddock's testimony and a laboratory finding that traces of flammable liquids were found in wreckage of the chapel where Mr. Craddock was at the time. Mr. Kennedy said that was worth considering but did not justify the arson finding. …….. He noted that the government's investigators found acccelerants only in that area and found no traces of any flammables in a downstairs dining room identified as another ignition point for the compound blaze. He added that the kitchen was full of propane tanks that could have been crushed by FBI tanks but were never even identified as potential fuel sources. ……… "

The Dallas Morning News 6/27/00 Lee Hancock "…… Also Monday, jurors heard testimony from a Texas Department of Public Safety trooper who described stopping a local volunteer department's truck manned by a lone firefighter from going to fight the compound blaze. …….. Sgt. David Keys said a call came over his DPS radio ordering all firetrucks to be stopped from going near the compound for more than 30 minutes after the fire started, adding , "We were told later it was for the security of the agents near the [Branch Davidian] building." ……."

The Dallas Morning News 6/27/00 Lee Hancock "…… The afternoon's testimony ended with a videotaped deposition from a Florida man who offered remote-controlled, armored firefighting equipment to the FBI. Myra Slovak testified he was working with a Czech manufacturer to market rebuilt, Soviet tanks as armored fire equipment when the Branch Davidian siege began in 1993. ……He said he spoke several times to agents in the two weeks before the Waco fire, but never heard back from them after an initial round of calls and faxes. ......"

The Dallas Morning News 6/27/00 Lee Hancock "…… British subject Marjorie Thomas, one of only nine sect members to survive the fire, recounted feeling her way through smoke and flames, hearing others inside scream and fall silent, and finally jumping to safety as her burning legs gave way……"I could hear rushing, screaming, crying, people praying. ...Then it went quiet," she said, adding her legs collapsed from the impact of burns and her jacket melted around her before she escaped. ......…….She said she was under heavy medication and was still hospitalized for third degree burns over half her body when she gave a videotaped deposition for federal prosecutors in November 1993. …….… Before Monday's testimony began, Judge Smith announced that a second juror had been excused for personal reasons, reducing the remaining panel of jurors to five. A juror was also excused last week for undisclosed personal problems. ……."

Tommy Witherspoon 6/29/00 Tribune-Herald "….. Jurors in the Branch Davidian wrongful death lawsuit shifted their focus Thursday from inside the sect's compound to the outside as the government began presenting its side of the case. ……. In testimony Thursday afternoon, ATF agents Eric Evers and Kris Mayfield testified that they never expected to be met by such strong resistance as they arrived at David Koresh's compound to arrest the sect leader on weapons violations charges and search the building. ……..Mayfield told jurors that he saw an unarmed Koresh for an instant standing in the doorway as he and other agents approached. He said he didn't hear Koresh say anything before the door closed and automatic gunfire shot through the closed door and front wall. Seconds before that, Mayfield said he had heard gunfire on the north side of the compound. …….."

Tommy Witherspoon 6/29/00 Tribune-Herald "….. Government attorneys carried half of the mangled double front door over to within a few feet of the five-member jury to provide a closer view of the bullet holes. Mayfield said that the bullet holes in the door indicate bullets that traveled in both directions. Government officials have said they misplaced the right side of the double front door, and Davidian defense attorneys during the criminal trial in San Antonio got a lot of mileage out of speculating why the other half of the door is missing. …….. Lead plaintiffs' attorney Mike Caddell asked Mayfield during cross-examination to walk over to the controversial front door. …."A little worse for wear," Caddell said. "It didn't look like that on Feb. 28, did it?" ….. "No, sir," Mayfield said.

Caddell asked Mayfield to count the number of incoming bullet holes in the left side of door. Mayfield counted four incoming bullet holes. …..Flipping the door, Caddell asked Mayfield, "Do those look like tank treads to you? Something ran over it." ….. "Yes, sir," Mayfield said. ……Caddell then asked if a Davidian might have fired through the door as a tank barrelled over it. Hagen, however, objected before Mayfield could answer. Smith agreed that the question called for speculation. ......Hagen later had Mayfield count the number of outgoing bullet holes in the door. There were 10. ….."

Tommy Witherspoon 6/29/00 Tribune-Herald "…..Caddell showed the court a photograph taken during the siege that showed the missing right side of the door. It was peppered with bullet holes. That's the side of the door that Koresh held open when he greeted the ATF.

Surviving Davidians claim it was proof that ATF agents were the aggressors on the day of the raid. Houston attorney Dick DeGuerin, Koresh's attorney during the siege, testified earlier that all the bullet holes in the right side of the door were from incoming shots. ...... After court recessed, Caddell said the government's introduction of the door backfired. "Bringing the left-half of the door into the courtroom was not a good move," Caddell said. "It's got tank treads on it. It's got bullet holes that its own witness admits are bigger than the Davidian bullet holes." ……And, Caddell said, it raises questions as to what happened to the other side of the door. ……"Clearly, I think the right-hand door was lost on purpose," Caddell said. "I don't think there's any other reasonable conclusion." ….."

Tommy Witherspoon 6/29/00 Tribune-Herald "…..In other testimony, three members of the Texas National Guard testified that they were riding in three helicopters meant to serve as diversions during the raid. All said their aircrafts drew gunfire from the Davidians, forcing them to land nearby. ……While ATF agents on board one of the helicopters carried pistols, no shots were fired from the helicopters, they said. ….."

Terry Ganey 6/29/00 Post-Dispatch "……A Treasury agent testified Thursday that gunfire exploded from behind the closed front doors of the Branch Davidians' complex as he approached to serve search and arrest warrants in 1993. ……. Kris Mayfield of the Bureau of Alcohol, Tobacco and Firearms said he dove for cover behind a compressor as bullets came through the doors and the wall beside it. "It was like pieces of the door, splinters of the door ... were being blown out in my direction," Mayfield said. He said he could not see who was shooting at him but he fired back through the door and wall. …….The government's opening witnesses described the raid in which 75 agents disembarked from two cattle trailers as part of a "dynamic entry" to serve search and arrest warrants on the sect's leader, David Koresh. …….. One of the agents, Eric Evers, said he was running around the side of the complex when bullets started "dancing" around him. "As soon as I came round the corner of the building - boom, I fell on my face. I had been shot in the chest," Evers said. …..He hid in a ditch as bullets whizzed overhead. His protective vest had stopped two rounds, but Evers had been wounded in the shoulder and arm. He stayed in the ditch until a cease-fire was arranged. ….."

Terry Ganey 6/29/00 Post-Dispatch "……Mayfield was with a group of other agents heading for the front of the complex. He saw Koresh standing, unarmed, in the open front doorway. At that moment, Mayfield said several things happened almost simultaneously. He said he heard a "whoosh" as other agents used fire extinguishers to scare off dogs in the front yard; agents were yelling but he couldn't tell what they were saying; shots were coming from his left; the front double doors closed; and bullets started flying. ……. "There were shots coming out of a number of windows across the bottom floor," Mayfield said. "If somebody fired through a window or a wall, I would return fire there." ……."

Terry Ganey 6/29/00 Post-Dispatch "……Mayfield said he could hear people yelling from inside the complex, "get off our land. We will kill you." Eventually a cease-fire was arranged to allow the federal agents to back off. That led to the FBI siege that ended in a fire on April 19. ……. "

Houston Chronicle 6/27/00 Jim Henderson "….. Misty Ferguson came to court Tuesday carrying with her the wrenching reminders of the inferno that ended the FBI siege of Mount Carmel seven years ago. …… Dressed in white, her auburn bangs combed down to her wire-rim glasses, she stood with her back to the jury and raised her right hand to be sworn in as a witness. ….. What the jury saw was the stump of a hand, the fingers amputated. ……. Speaking softly, sometimes barely above a whisper, she described her last hours in the house of David Koresh; the tanks that poked through the walls and deposited tear-gas canisters; the floors of her second-story hallway, which collapsed and cut off her escape to nearby stairs; and the flames that charred her hands before she finally made it to the outside. ……"I was in my room, and I came out into the hallway, and I felt heat underneath my feet," she said. "I tried to go down the hallway to get out. I didn't want to get burned." ……The floor of the hallway caved in from being battered by the tanks, she said. …….. Ferguson and her mother, Rita Riddle, had lived at Mount Carmel for more than two years. "I just sort of considered it my home," she said. ……..As the siege dragged on, she spent most of her time in her third-floor loft room at one end of the women's dormitory. ……On April 19, she "woke up early to the sound of tanks all around the house." ……..Putting on a gas mask, she moved down to the second floor to a room where her mother had lived. When tanks broke through that side of the building, she moved across the hall and waited for a chance to escape. …….. "The whole building was shaking," she testified. "I was very scared." ......"

Houston Chronicle 6/27/00 Jim Henderson "….. Tuesday, the jury heard comments made by Clinton Van Zandt, a behavioral science specialist for the FBI, when he was asked for his assessment of Rogers. "I think he believed very strongly in himself," Van Zandt said, "in his ability in the use of force. He saw negotiations as getting in the way. He is a strong proponent and advocate of tactical resolutions to situations." …… "

Judge in Waco Trial Considered Fair 6/28/00 Sherri Chunn AP "….Russ Hunt Sr. ``But you better be prepared when you go into court because the last thing he wants you to do is waste the jury's time.'' ……He declined to be interviewed by The Associated Press before the trial. But he summed up his courtroom philosophy last year for The Dallas Morning News: ``To try to see to it that the litigants get their appropriate day in court and are given an opportunity to present what's appropriate under the rules.'' ….. The jury forewoman in the criminal trial, Sarah Bain, has openly condemned the stiff sentences Smith imposed on the Davidians, saying the jurors intended that they receive ``a slap on the wrist.'' She was upset when she first heard the civil case also would be tried under Smith. …….. ``Based on the sentences he imposed, it seemed he showed pro-government colors and so I was concerned,'' Bain said. But the lead counsel for the plaintiffs, Michael Caddell, disagrees. ``Smith's rulings (in the criminal trial) were exactly on track. I don't see the kind of prejudice that people claimed was there,'' Caddell said. ``When you look at history of this litigation Judge Smith has a great many more questions about the credibility of government's case.'' As for Smith's manner, Bain said: ``He ran a very tight ship, including the spectators. He totally came unglued when someone's pager or cell phone went of in the courtroom.'' ………. ``I think Judge Smith is very conscientious and has done everything he can to be fair to both sides in this case,'' said Bradford. ``He has tried in this case to take steps not only to do what he thinks is right but help with public confidence.'' ……"

Branch Davidians believed Koresh was ``God made flesh'' 6/29/00 Sherri Chun AP "……Branch Davidians believed sect leader David Koresh was a manifestation of ``God made flesh,'' and if God asked someone do to something, it would not be considered a sin, a survivor of the 1993 siege testified Wednesday. ``We gave ourselves, totally, to God,'' sect member Clive Doyle testified. ``We believe that God was speaking through him.'' …….. Doyle said he could feel skin ``rolling off his hands'' as he jumped out of the burning building through a hole made by government tanks. …..``The heat was so oppressive it was like your legs buckled, it just pushed you to the ground. The jacket I had on was all smoking and melting,'' Doyle testified. ………Under cross-examination, government attorney Jim Touhey presented Doyle with the melted remains of a blue nylon and a camouflage jacket Doyle supposedly wore the final day of the siege. The camouflage jacket had the name Clive written on it. Touhey said the sleeves of the blue jacket were covered with ignitable liquids. ``It could have come from constantly filling lanterns ... I don't know,'' said Doyle. …He testified earlier that he had regularly helped refill lanterns for women and children in the complex, but denied pouring fuel inside the building or lighting a fire. ……… "

Branch Davidians believed Koresh was ``God made flesh'' 6/29/00 Sherri Chun AP "……Touhey also pointed out that Doyle threw his pet dog Brownie from the burning structure three times, but never attempted to rescue his 18-year-old daughter, Shari. She died in the blaze along with about 80 others………. Lead plaintiffs' attorney Michael Caddell asked Doyle if a day ever went by that he didn't think about his daughter dying in the fire. ``I live with this every day,'' a tearful Doyle replied. ……. Earlier, Doyle told jurors that living conditions in the complex became increasingly difficult during the standoff. ``It was pretty rough. We were not able to get to the toilet facilities, which were outside at the time,'' he said. ``At one point in the siege the electricity was cut off.'' ……."

Branch Davidians believed Koresh was ``God made flesh'' 6/29/00 Sherri Chun AP "……Judge Smith also asked Doyle a question from jurors about why the children stayed at the compound during the siege. Jurors, who are acting as an advisory panel to Smith, have been allowed to ask questions of witnesses. ``There were children that didn't want to leave their parents,'' said Doyle. ``For one thing, we were under the impression from negotiators we were all coming out. That's what we were waiting on, I guess.'' ….."

Dallas Morning News 6/29/00"…U.S. District Judge Walter Smith grew increasingly impatient with plaintiffs' attorney Ramsey Clark's prolonged questioning of Doyle, at one point saying: "You're taking way too much time, Mr. Clark.'' Doyle, on the stand for about three hours Wednesday, often gave repetitive testimony under questioning from the former attorney general about how tanks penetrated the structure. ……"Haven't we already gone through that, Mr. Clark?'' Smith asked. "I believe we did, but go ahead, one more time.'' ……"

Dallas Morning News 6/29/00 "…….Branch Davidians used kerosene lanterns for light and propane to heat some areas inside Mount Carmel, the name they gave their compound. An oven was hooked up to an outside propane tank for cooking. …….. "The roof was shot up, the windows were out . . . whenever the wind blew, you felt it. You put all the clothes you could find on to keep warm,'' Doyle testified. ……On Tuesday, Doyle recalled Koresh saying, "Hey, wait a minute, there are women, children,'' as ATF agents approached. ......"

Judge refuses to dismiss Waco wrongful death claims 6/29/00 AP "…..A federal judge on Thursday refused a request by government attorneys to dismiss wrongful death claims by Branch Davidian survivors and family members. Government attorneys argued that the plaintiffs, who concluded their case against the government this morning, had failed to prove their claims. ……U.S. District Judge Walter Smith denied the motion without comment and instructed the government to begin its defense. ……."

Matt Slagle 6/29/00 AP "…..The ground appeared to be ``dancing around'' from the hail of bullets that whizzed by during the Feb. 28, 1993 raid on the Branch Davidian compound, a federal agent testified Thursday. …… ventually, sect members and the government reached a ceasefire. Once the ceasefire had been called, Evers, still laying injured, said he remembered hearing someone yell: ``Leave our women and children alone! You got four minutes to get out or else!'' ……. Under cross-examination, lead plaintiff's attorney Michael Caddell grilled Evers over an interview he gave the Texas Rangers shortly after the raid. In the original telephone interview, Evers said he entered the compound to ``cover down'' on any windows at the facility. But he later changed his statement, deleting the entire reference to covering down for reasons of ``clarity,'' Evers said. …….. Hagen showed jurors the left side of the battered door which was riddled with 13 bullet holes. Nine holes were from outgoing and four were from incoming shots, she said. ……. Government lawyers presented jurors with a gashed metal panel from the rear of Petit's helicopter that supposedly was caused by a bullet shot from the compound. Under cross-examination Petit conceded he could not tell whether the gunfire came from sect members or from friendly fire from other agents. Plaintiffs claim that during the initial raid, federal agents fired indiscriminately. …… "

Freeper Ol’ Dan Tucker to _Jim "…….A little further investigation on your part would have shown that Koresh's body wasn't found in the "communications room" as you and the DOIj say, but was instead found in Steve Schnieder's, Wayne Martin's and Greg Summer's bedroom. The "telephone room" was located between the foyer and the chapel. …….. Please point to the map that shows where the "communications room" was located. ……There's only one source of this autopsy information on the web; Carol A. Valentine's The Waco Holocaust Electronic Museum……..Since you're a big supporter of the government, please explain how Judy Schnieder's remains received a dental examination, despite the fact that the head was missing from the body (Mt. Carmel Doe 51) and how an unborn fetus was given dental and fingerprint comparisons. An unborn fetus would not have fingerprint or dental records on file. (Mt. Carmel Doe 58, listed on ID Matrix, identified with Mt. Carmel Doe 31 B.)? ............ The government also maintains that the mothers in the pantry donned gas masks to protect themselves from the CS gas and that they covered their children's faces with blankets that had been dunked in buckets of water. Please point to the autopsy report that shows a single person was wearing a gas mask. Please point to a single evidence recovery record that shows that a single gas mask was recovered from the pantry. …….."

Freeper Ol’ Dan Tucker to _Jim "…….Anomalies in the Forensic Process
Some inconsistencies and anomalies in the Autopsy Reports, ID Matrix, and other forensic material are here noted to make researching this material a little easier. Though the Autopsy Reports are not directly linked into this page, the individual references may be found through the numerically sorted Identification Matrix (or List of Autopsy Reports for HTML 2 browsers that cannot display tables) and the alphabetically sorted Collated List of Mt. Carmel Deaths.
* Some dismembered corpses were assigned two Mt. Carmel Doe numbers, as the body parts were found:
* Mt. Carmel Does 33 and 47 B found two to three feet apart;
* Mt. Carmel Does 67-5 and 69, approximately two feet apart. These remains were eventually assigned the identity of Bobbie Lane Howell, 2 years old,
* Mt. Carmel Doe 58, excavated from burial in the spent cartridges (allegedly) between April 27-29, was identified as the fetus of Aisha Summers, Mt. Carmel Doe 31, whose body was recovered close to the surface on April 22.
* Mt. Carmel Does 50 and 61 ("Martin Child"), found approximately five feet apart. Note: Autopsy Report for Mt. Carmel Doe 61 reveals that remains were orginally identified by fingerprint comparison as Rosemary Morrison.
* Eleven commingled bodies were assigned Mt. Carmel Doe numbers, thus: 64, 65, 66, 67-1, 67-2, 67-3, 67-4, 76-5, 67-6, 67-7, 67-8. These remains are said to represent Paiges Gent, unknown toddler, Lorraine Sylvia, Star Howell, Cyrus Howell, Rachel Howell Koresh, Hollywood Sylvia, Bobby Howell, Rachel Sylvia, unknown child, unknown infant.
* Mt. Carmel Doe 68 vacant--this number was not assigned to any remains after sorting.
* One body is identified with two names, by autopsy and by DNA analysis (Mt. Carmel Doe 64, Paiges Gent/Kara Brittani Little).
* Three sets of remains for which Autopsy Reports were written were not listed at all in the Identification Matrix (31 DE, 31 F, 51 A),
* Mt. Carmel Doe 48 was found to be a dog, and no autopsy report is on file for that number.
* Inconsistent use of names:
* Gent/Little
* Barrios/Martinez
* Koresh's legally changed name (Koresh) and his birth name (Howell),
* inconsistent spelling of names (Bobbie Lane Howell vs. Bobby Layne Howell)
* As of the date of the ID Matrix (circa August 1994), eight Mt. Carmel Does had not been assigned identities (31 DE, 31 F, 51 A, 59, 60, 65, 67-7, 67-8). A telephone call in May, 1996, confirmed that no new information had been added.
* A child, identified as a female in autopsy, is assigned a male identity by DNA analysis (Mt. Carmel Doe 53, "Isaiah" Martinez)
* A year after the fire, four persons are missing for whom no remains have been identified:
* Paulina Henry, age 24
* Lisa Marie Martin, age 13
* Sheila Renee Martin, age 15
* Startle Summers, age one year.
* Three extra skulls, catalogued in Autopsy Reports Mt. Carmel Doe 51 A, Mt. Carmel Doe 31 DE, and Mt. Carmel Doe 67-8, remain unmatched to bodies.
* A single dreadlock pony tail with scalp fragment is given an autopsy (31 F), including dental exam and fingerprint analysis, and identified with MC Doe 31 C, for which an Autopsy Report is not on file with the keeper of records, McLennan County Justice of Peace, and not listed in the ID Matrix.
* MC Doe 31 C is described in Dr. Peerwani's testimony as a "human leg" (Transcript, pg. 5975 and 5976), but no autopsy for Mt. Carmel Doe 31 C is on file with the keeper of records, McLennan County Justice of Peace, and Mt. Carmel 31 C is not listed in the ID Matrix.
* Unborn fetus is given dental and fingerprint comparisons. An unborn fetus would not have fingerprint or dental records on file. (Mt. Carmel Doe 58, listed on ID Matrix, identified with Mt. Carmel Doe 31 B.)
* Judy Schnieder's remains received a dental examination, despite the fact that the head was missing from the body (Mt. Carmel Doe 51).
* Inconsistent use of the term "globally charred." It is sometimes used to mean the entire body is incinerated (as in Mt. Carmel Doe 32), and sometimes used to mean an entire section of the body was destroyed by fire, (as in Mt. Carmel Doe 51).
* Mt. Carmel Doe 72, allegedly Serenity Sea Jones, does not appear on the medical examiner's diagrams of Mt.Carmel body recoveries. However, he McLennan County Justice of the Peace has stated that Mt. Carmel Doe 72 was found in the concrete room. ……."

Dallas Morning News 7/01/00 Lee Hancock "….."Not in our wildest dreams did we expect the resistance that we met out there that day," testified Kenny King, retired from the federal Bureau of Alcohol, Tobacco and Firearms. …….. Under cross-examination, Mr. White said many agents also wrote their blood types on their necks with magic markers before going in. His response prompted questions from two jurors about whether that was standard procedure in tactical operations. ......Mr. White said it had never been done before but was done at the Waco raid at the recommendation of "the military." ……..He and the other ATF agents assigned practiced for the raid at Fort Hood, receiving training from U.S. Army Special Forces personnel. Army documents indicate that the ATF agents were taught how to give each other IVs during their training….."

Dallas Morning News 7/01/00 Lee Hancock "….."John McLemore, a former reporter for KWTX-TV, said gunfire "just seemed to start all at once" as he and a cameraman followed the two cattle trailers that took the ATF's raiding party to the compound. But neither he nor any of the agents who have testified so far have been able to pinpoint where the shooting started. ……… Mr. King said the first shots he heard were sporadic "pops" of gunfire that rang out as he jumped from one of the trailers. He said he assumed they were coming from agents assigned to subdue the sect's dogs, since he heard someone broadcast the word "dogs" over the ATF radios. Under cross-examination, he acknowledged that the shots "could have been [from] ATF agents." ……….. Mr. King said he was aware that the sect had been tipped off before the raid was launched. "We still thought we had a window of opportunity, that if we went, we could still catch them inside the compound, separated from those guns." ……..He and Mr. White said the agents believed that the worst reaction they would get during the raid would be a few fistfights. "We knew about the large amount of guns, but we felt that guns would be in a particular area, and it would be sealed off,'' he said. ……. "

Dallas Morning News 7/01/00 Lee Hancock "….."Upper window curtains were jumping from gun blasts, and interspersed with the distinctive crack of AK-47s and AR-15s was the "very deafening roar" of .50-caliber guns, he said. ......Most of the Branch Davidian women who testified earlier in the trial said they saw no sect members with guns that morning on the second floor, which housed sleeping quarters for Mr. Koresh and the sect's women and children……… Mr. White said that he asked the ATF's Washington headquarters for permission to give his agents AR-15 assault rifles because of his concerns about the sect's firepower. ……… Michael Caddell asked. "You understand this is a civil trial for negligence?" Mr. King then conceded he was one of a number of agents who eventually won a $15 million lawsuit from several Waco media organizations and an ambulance company for the inadvertent tip-off of the sect……"

UPI 7/3/00 "….. The forewoman of a jury that convicted Branch Davidians of criminal charges believes the federal government bears most of the responsibility for the inferno that ended the 1993 Waco standoff, a newspaper reported on Monday. ……. Juror Sarah Bain, a 53-year-old retired teacher from San Antonio, told the St. Louis Post-Dispatch that the government should pay for its assault on the Davidians' complex. ……She said the federal government was 75 percent responsible for what happened, while the Davidians have 25 percent of the blame. …… Bain said the 1994 criminal trial of 11 Davidians in San Antonio failed to show why the ATF needed 76 agents for a raid when it seemed Koresh could have been arrested when he went out jogging. She said raid commanders proceeded with their plan even though the element of surprise had been lost….."

St. Louis Post-Dispatch 7/3/00 Terry Ganey "……The forewoman of the jury that convicted Branch Davidians of criminal charges believes the federal government was mostly responsible for the deaths and injuries that occurred at Waco in 1993. Sarah Bain, the juror, says that the Davidians who were convicted are paying for crimes with prison sentences. And she said the time has come for the government to pay for its actions, too, through the civil trial that resumes Wednesday in Waco. "I'm waiting for the balance of responsibility to be weighed," said Bain, a retired teacher from San Antonio. …....... "I would have never questioned anything until something like this came up," she said. At the same time, Bain was "a very big Second Amendment person." As a youngster, she went hunting with her father, and she still believes in gun rights. Waco has made her more skeptical of government, and the events of Mount Carmel continue to haunt her. ……… During the 51-day siege, the FBI tried to pressure the Davidians out of their complex using loudspeakers blasting Tibetan chants, the slaughtering of rabbits and rock music. The group's electricity was cut off, effectively depriving them of water since an electric pump brought water from a well. "Why put a paranoid group through sleep deprivation?" Bain said. "That doesn't seem like a way of making them do what the government wanted. That's more of a way of turning them against government." ……… Bain said she believes there were two kinds of people in the complex: Koresh and a few of his close lieutenants, and the rest of the people, who were "true believers." …….."As off-based as most of their teaching seems to the average public, including me, they were sincere," she said. "Having unique religious beliefs doesn't mean you have to be sacrificed on a pyre." ….."

David Hardy e-mail Freeper Ada Coddington 7/2/00 "…….

Plaintiffs' case is going very well. Plaintiffs rested, and gov't took 20 minutes arguing a motion to dismiss parts of their case, some of which were pretty strong, legally speaking. (Law and justice are not the same). The judge denied the motion before plaintiffs could even oppose it. I read this as he intends that the jury decide the case come what may.

Defendants then put on a couple of helo pilots and passengers to say there was no firing from helicopters. Mike Caddell did a good job on them, pointing out that one had told Rangers that the shots seemed to come from his left rear, that he'd said they did NOT seem to come from Mt. Carmel, that there was an ATF agent to his left rear, etc. I'd score these government witnesses as having helped plaintiffs' case rather than hurt it.

Gov. then put on ATF agent Evers. He said he'd been sent around the left side to round up and handcuff people in the pit, as he was getting around the side the Davidians shot him on his vest and knocked him down, he took cover in ditch near pit. Didn't even draw his pistol until after he was shot down, was carrying baton (long billie club) instead. Three Davidians were seen outside building, armed, went back inside. A Davidian rushed another agent, but stopped after the agent shouted that they had a ceasefire. (Curious response of a supposed mad dog killer--"King's X, you can't shoot me!").

Caddell just flattened Evers. He'd told Rangers only a few days later that when he got alongside the building he "covered down" on the windows. He admitted that sounded more like a man drawing and pointing a gun, but plead that he'd given an amended statement. Caddell pointed out the amended statement came a month later, and changed covered down on the windows to took cover in the ditch. Quite a change. And he'd spoken to the other agents in the month between the two versions. Evers' voice started to break and he was almost pleading that his second statement be the only one looked at. He said he'd held the baton rather than the gun because he needed his hands free for handcuffing people. Caddell pointed out the baton had no strap--what's the difference between a baton and a pistol, both tie down your hand, right? By the end the witness had absolutely no credibility.

Govt followed with several more agents, who seemed more credible. They mostly talked of being shot at and wounded, seeing dead and wounded agents, and asserted that they'd all fired carefully and didn't spray building. They talked of seeing gunshots or gun barrels from a multitude of windows. But they all said that the first shots were quite faint, and didn't disturb them because they thought the shots were the dog teams shooting the dogs. The witnesses were generally credible-seeming, and had been nastily wounded. One talked of having a kevlar helmet, collar, metal place, etc., etc.... to which Caddell pointed out the kids inside had none of this.

He also made points in that the witnesses claimed they hadn't expected a fight, beyond possible fisticuffs as they pushed into building. Yet the assault teams had had heavy equipment, six guys with AR-15 rifles, six more with MP-5 submachineguns, flash-bang grenades, etc.. Also, the agent who went up on the roof conceded that they did not knock and announce, but just broke the window and threw in flash-bangs, that the only announcement was at front door. The agent at the front conceded that when he ran toward building David Koresh was standing in the open door, and only went back inside after the shooting began. Indeed, the agent had time to take some steps between hearing the shots and Koresh going back inside, and the shots seemed to come from the far left, not from any location around Koresh.

The right side of the door is of course missing, and no one knows where it is. The left hand one has 4 holes going in and 9 coming out. But Caddell pointed out that on the left side, the bullet holes going in are bigger (prob. 9mm) than the ones coming out (probably .223). And the photos of the right hand door seem to have bigger holes, suggesting that they too were incoming fire. Waco Tragedy News 2000

Waco93.com Posted by Ex-Fed 7/1/00 Portland Press Herald Dieter Bradbury Blethen Maine Newspapers "…… Mark Swett of Westbrook was among the millions of television viewers who watched the Branch Davidian religious compound in Waco, Texas, go up in flames after a 51-day standoff with the FBI in 1993…….. For seven years, he has studied the siege and the theology of David Koresh, the sect leader who was killed in the fire along with 74 followers. …… Swett, 49, believes the Davidians are largely responsible for the fire that killed dozens of sect members, and he presents the evidence that he says supports his theory on a Web site he created………. Swett, who makes his living in the insurance business, said he was drawn to the Davidian tragedy because he has had a lifelong interest in studying religions, and the doctrines and interpretations of divinity on which they are built. ……… Using the Internet, the federal Freedom of Information Act and meetings with Davidians and their lawyers, he assembled hundreds of hours of audiotaped interviews as well as documents on the sect and its religious teachings. His archive includes 75 surveillance recordings of conversations within the Davidian complex that the FBI gathered by concealing microphones in shipments of milk and food for the sect's children. ……Swett also has hours of Bible study tapes recorded by Koresh, as well as tapes of FBI negotiations with the leader in Waco. ……He also has created a Web site on the Waco tragedy. The site, titled "Waco Never Again!," features transcripts of many of the tapes, essays on Davidian theology by biblical scholars and statements by sect members who survived the Waco tragedy. ……http://home.maine.rr.com/waco ......... Swett said Koresh was fixated on the book of Revelation, the biblical text that bristles with visions, allegories and symbols as it portrays the final days of Earth, with God destroying the powers of evil and delivering the faithful from persecution. Koresh portrayed himself as the "lamb of God," capable of explaining the mysteries of Revelation and helping to deliver the faithful to eternal life. ………. Swett said any testimony he gives on the surveillance tapes may undermine the plaintiffs' allegation that the FBI was to blame for the fire, because the tapes show that fuel was spread in the compound by Davidians. He said his insistence on full disclosure of the evidence has undermined his relationship with several sect members, who previously provided him with information for his research. "I've become a Judas," he said. …… "

St. Louis Post-Dispatch 7/1/00 Terry Ganey "…… As he lay on the roof of the Branch Davidians' complex bleeding from four bullet wounds, Treasury agent Ken King heard what sounded like rain falling nearby. When he looked, he discovered it was blood dripping from the lifeless body of a comrade, agent Todd McKeehan, lying on a roof just above. "His eyes were fixed," King said. "At that point, I was shot twice more." …….. King, whose body still carries three bullets from his encounter with the Davidians, described to a court on Friday the Feb. 28, 1993, gunbattle that killed four agents and six Davidians and wounded 20 more agents. He testified during the trial of the Davidians' wrongful death claims against the government. ……. "We still thought there was a window of opportunity that we would still catch them away from their guns," King said. "Not in our wildest dreams did we expect to meet the resistance we met that day." …..Why, then, did the agents use magic markers to stencil their blood types onto their necks before the raid? wondered the Davidians' lawyer. Robert White, an agent, responded that the plan contemplated the worst possible outcome. …….. The blood-type information interested the five-person jury that will issue an advisory verdict in the case. Two jurors asked if that was done before every raid. Only for Waco, White answered, because that was the advice given by Army advisers who helped train the agents. ……"

Waco93.com Posted by Don 6/30/00 Sherri Chunn AP "…… A retired federal agent testified Friday he was shot six times and three of his team members were killed when they tried to serve search and arrest warrants for Branch Davidian leader David Koresh on Feb. 28, 1993. …… ``I tried several times to get up and I just couldn't get up. I tried to assess my wounds. I couldn't even give myself first aid,'' King testified. ……. He said he never even pulled his gun from his holster, and hadn't expected anything more than a physical confrontation before the raid began. Other agents also testified they did not expect a gun battle. ``Not in our wildest dreams did we expect the resistance we got that day,'' said King. …..Earlier, ATF agent Robert White testified that at the most, he expected some ``fisticuff type of resistance.'' Plaintiffs' lead attorney Michael Caddell countered by asking him whether he and other agents had their blood types written on their necks with a marker. White said yes. …… Under cross-examination by Caddell, King said he thought the first gunshots he heard came from other agents shooting sect members' dogs, not from inside the building. ......He also said his team didn't announce their entry into the upper floor window because that was being handled by agents with warrants at the front door to the building. …….. McLemore, who was on the property for the entire ordeal, was asked by an ATF agent to call for help from his news vehicle. ...... Three of the injured agents were carried off the compound in the media vehicle. ``We were the last ones off the property,'' said McLemore. …….He also said he never heard anyone yell ``police'' or ``ATF'' until after the gunfire already had started. …….."

Lee Hancock 7/12/00 Dallas Morning News "……The tank that ripped down the rear of the Branch Davidian compound wasn't trying to demolish the building but was trying to clear a path to get tear gas into the sect's hiding place, an FBI agent testified Tuesday. ……. "We didn't want to just recklessly move through the place," said Agent Gary Harris, who drove the 60-ton vehicle on the last day of the 1993 Davidian siege near Waco. "It wasn't a haphazard, just run up and smash and crash things. That's not the reason I was back there in my mind, and that's not the orders I was given." ……. The agent also disputed as "totally inaccurate" an internal FBI document that called his action a "mission of slowly and methodically beginning the dismantling" of the embattled building. …….. "

Lee Hancock 7/12/00 Dallas Morning News "…… The government called an Arlington chemist Tuesday afternoon to detail his discovery of residue from five different types of flammable substances in the compound's scorched remains, surrounding dirt and the clothing of some fire survivors. Dr. Andrew T. Armstrong, who ran chemical tests for the government's 1993 fire investigation, said the chemicals were "consistent with" Coleman camp stove fuel, two types of charcoal lighter fluid, gasoline, diesel and kerosene. ………. Under cross-examination, Dr. Armstrong conceded that the same chemical mixture found in camp stove fuel often is used as a solvent for glue in shoe soles. He also acknowledged that more than 40 samples sent to his lab from the Waco fire investigation turned up no evidence of any accelerants, including more than a dozen articles of clothing....... One of the samples that tested negative for any accelerants was a blackened, broken broomstick topped with a wad of cloth - an item that Texas Rangers described earlier in the government's case as "a torch." "Camp stove fuel is difficult to find," Dr. Armstrong responded. "To me that's significant that that was there. . . .It's extremely unusual to find ignitable liquids on clothing." ….."

Lee Hancock 7/12/00 Dallas Morning News "……Earlier Tuesday, Mr. Caddell tried to shake the testimony of Mr. Harris, the FBI agent who drove into the rear of the compound just before it burned. …… Mr. Harris conceded that he and other members of the FBI's hostage rescue team expected sect members to surrender within an hour after they started ramming their compound with tanks and spraying tear gas. ….. Even though the written plan approved in Washington called for gassing the building for 48 hours, Mr. Harris acknowledged Tuesday that he and other agents weren't told of any plans to rotate them in and out of the tanks if the operation took that long……… "What would you do after your 12-hour shift?" Mr. Caddell asked. "I have no idea," the agent responded. "That's just not at my level." ……. Under cross-examination, he conceded that he was not threatened by gunfire from the compound in his armored vehicle. He also said he never heard gunshots that morning, even when another tank he drove early in the operation was sent to bash upper stories of the building and spray tear gas. ……. "

Lee Hancock 7/12/00 Dallas Morning News "……Mr. Harris testified that he knew nothing about the document describing his actions just before the fire as "a dismantling mission." …… The document, nominating Mr. Harris and his tank partner for a special FBI award, bears initials of the two commanders and was sent to Washington from Mr. Jamar's San Antonio office. Later versions excluded all mention of a dismantling mission. The two commanders have said that they do not know who prepared the original. ….. "

Lee Hancock 7/12/00 Dallas Morning News "……He said that he got his order to drive through the back of the building from Mr. Rogers, the FBI's hostage rescue team commander. He added that Mr. Rogers directed him April 19 to probe the rear of the compound to try to find a pathway so that another tank equipped with a tear gas sprayer could get close enough to inject gas near the compound's tower. …… But as jurors watched aerial footage of Mr. Harris' tank backing slowly in and out of the building, Mr. Caddell noted that he never got within 20 feet of the tower. …….……. Mr. Harris said Tuesday he did not make it to the tower because he and his partner in the tank spotted tops of 55-gallon drums just beyond the gym's back wall and did not go further for fear that the area might be a dropoff . ……. He also told jurors that he did not intend to collapse the gym's roof and two of its outer walls. He said he was forced to, however, when he got the tank inside the building and saw it was packed floor-to-ceiling with furniture, beds and junk. "I'm trying to find a way to push some of this debris out of the way," he said as footage of his tank's movements was played. "We were trying to make the best decision we could. ...We didn't want to just recklessly move through the place." ……."

Washington Times 7/13/00 Hugh Aynesworth "…… A University of Maryland arson expert yesterday told jurors in the Branch Davidian wrongful-death trial that the fires that engulfed the sect's compound on April 19, 1993, were intentionally set. James Quintere said the fires could not have been started accidentally by FBI-driven tanks that knocked holes in the walls while inserting tear gas to end a 51-day standoff between sect members and the government…….. He said the fires were set in three distinct spots within the Davidian headquarters and appeared to have been enhanced by accelerants poured by the victims. Earlier, two FBI agents testified that although three metal canisters of tear gas were fired in the direction of the compound that morning, all three were launched at an underground bunker at the complex. They struck the roof of the bunker and ricocheted into a nearby field where they burned out harmlessly, he said……."

Washington Times 7/13/00 Hugh Aynesworth "…… FBI agent David Corderman -one of the several tank drivers -said he had been extra careful that morning to make sure the three military rounds he fired did not go inside the main building. "I was concerned," he said, "to make sure military rounds did not, in any way, go near the above-ground structure."…….. Mike Caddell, the plaintiffs' lead attorney, said the Branch Davidians had been too intimidated by the government's bold tank assault and the noise-making equipment to come out to safety. He compared the tear-gas assault, intended to force members of the sect outside, as similar to a tube of toothpaste: "Squeeze it and you get people coming out the end. But people don't act that way."……….. "

Dick J. Reavis 7/13/00 San AntonioExpress-News Staff Writer "……. An FBI agent who repeatedly drove a tank into Mount Carmel's gymnasium April 19, 1993, testified Tuesday he didn't intend to raze the building, and that had he wanted to, he would have used a different tank. ……… Gary Harris, driver of a modified M-60 tank called a Combat Engineering Vehicle, or CEV, told the jury in the Davidian wrongful death suit that his entries to the gym were intended to create a "driveway" for another CEV to use in inserting tear gas. …… Harris described his vehicle, 26 feet long, 12 feet wide, and 11 feet high, as "basically an armored bulldozer." It was equipped, he said, with a bulldozer-type blade. ………. The video, exhibited on a large courtroom screen, showed that between 10:20 a.m. and 12:08 p.m. April 19, the CEV that Harris piloted made a dozen entries to the gymnasium, which was on the back side of Mount Carmel, out of the view of the television cameras. ………As Harris made his entries, sections of the gym's roof collapsed. By noon more than half of the gym was razed. ………. Rogers believed efforts to saturate the tower with tear gas, using both CEVs and plastic rockets, had failed, Harris said. FLIR footage showed Harris' CEV as it repeatedly moved leftward, toward the gym's centerline, in a series of entries. The incursion caused sections of the oof to drop. ……… Harris explained that he kept moving to the left, "because I had to move away from that part of the building that had already collapsed." …….. On his forays into the building, Harris said, he was "snowpiling" the mostly household possessions that Branch Davidians had stored inside. He denied that his CEV ever reached the gym's opposite wall, across a courtyard from the central tower. ……"

Dick J. Reavis 7/13/00 San AntonioExpress-News Staff Writer "……. But under cross-examination by lead plaintiffs attorney Michael Caddell of Houston, Harris admitted that the debris he was plowing had destroyed the opposite wall of the gym and spilled into the courtyard. ……… Had the FBI wanted to raze Mount Carmel, Harris said, it would have used another CEV, standing at the ready, "which had a piece of railroad track welded to the blade to peel walls back." ………. In the Davidians' 1994 criminal trail in San Antonio, defense attorneys noted a flash appeared on the film, shortly after the CEV's last entry into the gymnasium. That flash, they said, marked the actual origin of the fire, which they blamed on the tank's incursions. The FLIR tape also attracted an audience in a popular 1997 documentary film, "Waco: The Rules of Engagement." The film's makers argued that other flashes on the film are the "thermal signatures" of gunfire by FBI agents………"

Dick J. Reavis 7/13/00 San AntonioExpress-News Staff Writer "……. Late Tuesday afternoon, jurors watched excerpts of a videotaped deposition of Graeme Craddock. Craddock, one of eight Davidians convicted in the 1994 San Antonio trial, is serving a federal prison term in Pennsylvania. In his testimony, Craddock said that during the 51-day siege, he heard Wayne Martin, a Harvard-trained lawyer who lived at Mount Carmel, talk of plans to use Molotov cocktails and torches to attack any tanks that might enter the buildings. FBI agent Harris said Tuesday his tank was not attacked and that he did not feel that he was in danger……."

7/11/2000 Lee Hancock / The Dallas Morning News Branch Davidians made jokes about federal agents dying at the start of a 1993 standoff and also were overheard on FBI bugs laughingly discussing their belief that God would take them "like flames of fire," only two days before their compound burned. "Catch fire, and they couldn't even bring the firetruck, 'cause they couldn't even get near us," Branch Davidian Steve Schneider was overheard saying on April 17, 1993, two days before a fire leveled the compound with more than 80 sect members inside. …….. FBI bugging devices inside the compound also captured sect members talking in the final hours before the fire about spreading fuel around the building and lighting fires. "So we only light 'em at first if they come in with a tank, right? Not if they come in with men?" one unidentified sect member can be heard asking at one point. ……. The final intelligible exchanges before the bugs went dead included one male voice saying, "I want a fire around back," and another male offering the last captured phrase, "Let's keep that fire going." …….."

7/11/2000 Lee Hancock / The Dallas Morning News "……Michael Caddell, lead lawyer for the plaintiffs, has conceded that at least one of the three fires that consumed the building may have been set by sect members. But he has argued that it probably was ignited in a "misguided" attempt by a few male Branch Davidians to repulse FBI tanks. …….. He has noted that the fires did not break out until after FBI commanders ordered one tank in to begin demolishing the rear gym of the building and sent another to try to penetrate a concrete bunker where authorities thought Mr. Koresh might be hiding. …….. All of the more than 20 children who died in the fire and most of the Branch Davidian women were later found in that concrete room. ……."

7/11/2000 Lee Hancock / The Dallas Morning News "…..A second agent, John W. Morrison, testified that he saw a Branch Davidian inside the compound's front door bend over and make "sweeping motions" with his arms seconds before a fire erupted in that part of the building. "He did a side-stepping motion with a sweeping motion," said the agent, who was watching front of the building from about 300 yards away. He said the man briefly disappeared and then reappeared, going down on one knee beside an upturned piano. "He was doing a motion that I describe as washing his hands. . . . He finished doing that and a fire sprang up," he said. Mr. Morrison said he immediately radioed other agents about what he was seeing. But Mr. Caddell showed the agents detailed FBI logs that showed only a report from his position about "an unknown subject with gas mask." "There's no mention of fire," he told the agent. ……. The lawyer also displayed more than a dozen photographs taken from the agent's position, none of which showed any fire or smoke from the area around the compound's front doors......."

Houston Chronicle 7/11/00 Jim Henderson "…..Every afternoon this week, Branch Davidian attorney Michael Caddell has left the federal courtroom, strode to a knot of reporters on the sidewalk outside, and asked the same two questions: "Where's Richard Rogers? Where's Jeff Jamar?" ……… The failure of either side to call the two retired FBI agents is but one of numerous oddities in a trial that began nearly four weeks ago with global publicity and now rarely makes the front pages except in the local newspaper. …… The judge so limited the range of subject matter that could be covered that many witnesses -- including some who were in the courtroom and ready to testify -- were kept from taking the stand. ……"

Houston Chronicle 7/11/00 Jim Henderson "…..But it has been the absence of Rogers, who was in charge of the hostage rescue team, and Jamar, special agent in charge of the siege at Mount Carmel, that has been the most glaring because a cornerstone of the plaintiffs' case turns on their actions that Monday in April 1993. ……… "

Houston Chronicle 7/11/00 Jim Henderson "…..Gary Harris, an FBI agent who drove a tank equipped with a bulldozer blade that day, was called to bolster the government's argument that no order was given to demolish the building at the time the fatal fire began. He said his orders were to clear a path for the tear gas tanks by crashing through the gymnasium to reach a three-story tower where many Davidians were believed to be hiding. His tank clipped a corner of the building and caused the roof to collapse, but it was "unintentional on my part," Harris said. Harris said he entered the gym but stopped 20 yards short of the tower. He backed up and re-entered the gym several times, apparently damaging it more each time. But he insisted his mission was not to destroy the building. Later, when he was recommended for an agency award, the citation said his mission was "the systematic demolition of Mount Carmel." On the witness stand, Harris said that was "completely inaccurate." ………
Caddell forced Harris to admit he told a different story Tuesday than one he told in a deposition more than a year ago.
"You would agree," Caddell said, "that after 45 minutes you had pretty well destroyed the gymnasium?"
"No, I wouldn't," Harris said.
Caddell then produced the deposition in which Harris had stated twice that he had "pretty well destroyed" the gym in 45 minutes.
After the trial recessed, Caddell told reporters that, "Harris is a nice guy in a bad spot. ... He was sent here to save Dick Rogers' butt." ......"

UPI 7/11/00 "……Jurors watched infrared video as Harris described his role as the driver of one of the combat engineering vehicles that roamed around Mount Carmel where Davidians had held out for 51 days. Harris said he moved carefully to open the holes, remove debris, and avoid hitting Davidians, although he said his tank was constantly under fire. He admitted he accidentally knocked part of the building down. Harris said all the tanks were idle, figuring out their next move, when they saw smoke begin coming from inside the compound. ……."

UPI 7/11/00 "……On Monday, the government played 45-minutes of recordings from electronic eavesdropping devices the FBI had planted inside the Davidian compound in an attempt to prove their point to jurors. "So we only light 'em at first if they come in with a tank, right? Not if they come in with men?" one unidentified sect member could be heard asking on the recording. …….Just before the bugs went dead, a male voice could be heard saying, "I want a fire around back," and another man says, "Let's keep the fire going." ……"

ETHERZONE NEWS WIRE 7/11/00 AP "…… A military tank that rammed the Branch Davidian compound on the final day of the 1993 siege was trying to clear a pathway so another tank could carry tear gas into the building, a federal agent testified Tuesday. FBI agent Gary Harris said he drove one of two modified tanks, called combat engineer vehicles, which were to be used to carry bottles of tear gas into the compound on the final day of the sect's 51-day standoff with government agents. …….Harris said his vehicle lost a track and was unable to complete its mission, so he was told to use a third, unmodified tank to make a hole or pathway that the second combat engineer vehicle could use to reach inner areas of the compound. The modified tanks had a bottle attached to a boom to spray gas. …….. As jurors watched infrared images of Harris driving the tank into the building, he said he took great care to safely clear a passageway through the gymnasium. "We were trying to make the best decision we could at the time. We didn't want to recklessly drive through the building," he said. ……"

ETHERZONE NEWS WIRE 7/11/00 AP "……The plaintiffs say that by holes the tank punched into the walls allowed wind in to feed the flames. And they argue the tanks could have knocked over lanterns used to illuminate the compound after the government cut off electricity. ……… On the final day of the siege, as the tanks were heard rumbling in the background, a male voice said: "Let's keep that fire going." Unidentified Davidians also were heard asking "start the fire?" and "should we light the fire?" …… On the day before the siege, an unidentified male said: "you always wanted to be a charcoal briquette ... There's nothing like a good fire to bring us to the Earth." ……. "

ABCNEWS 7/11/00 Matt Slagle "……Unidentified Branch Davidians were heard asking "start the fire?" and "should we light the fire?" in recordings played today in the $675 million wrongful-death trial against the government………. "Let's keep that fire going," a male voice said on the final day of the siege as tanks rumbled in the background. …….. Federal agents were heard warning sect members of an impending tear-gassing operation and urged them to surrender the morning of April 19. On the same excerpt, a male voice was heard asking, "Should we light the package?"

ABCNEWS 7/11/00 Matt Slagle "……A day earlier, an unidentified male said, "you always wanted to be a charcoal briquette ... There's nothing like a good fire to bring us to the earth."……."

ABCNEWS 7/11/00 Matt Slagle "……Earlier today, an FBI agent recalled peering through his binoculars and seeing a sect member bending over in a second-floor window seconds before smoke and flames erupted around noon on the final day of the siege. "Shortly thereafter, I noticed smoke and fire coming out of that fire," Ronald Elder testified. "He got up and moved out of my view, and that's when I saw the fire and the smoke coming out of the window." Plaintiffs' attorney Michael Caddell questioned Elder's ability to see that far even with binoculars, saying Elder was a little less than half a mile away from the complex. Caddell also wondered why Elder never reported what he had seen until two months later during an FBI interview. "When I observed something, I would speak out to other team members. The team leader would report it if it needed to be reported," Elder said. "Our main concern was if these individuals inside the building were going to come out compliantly or in a hostile manner."……"

Associated Press 7/5/00 Sherri Chunn "……Branch Davidian leader David Koresh wanted semiautomatic weapons converted into machine guns and grew more militant in the months before government agents attempted to raid the cult's compound, a former member testified Wednesday. …….. In a deposition read by government attorneys, Donald Bunds said Koresh told him to bring machinery to the complex outside Waco to modify weapons. …….. Bunds, who lived at the compound for several months, said he "did the job," using a milling machine and a lathe to make silencers and modify weapons parts. He testified he saw all the parts needed to make a fully automatic assault rifle, or machine gun, but did not know if a complete gun ever was constructed. ……..Koresh considered the government an enemy and often spoke about a violent end of the world, he said. "He thought this was an inevitable thing," Bunds said. …..Bunds left the compound on Feb. 28, 1993, hours before the Bureau of Alcohol, Tobacco and Firearms tried to raid the complex to search for illegal weapons and arrest Koresh. ….."

Associated Press 7/5/00 Sherri Chunn "……Bunds was jailed the day of the raid as he was returning to the compound after the shootout. He acknowledged under cross-examination that he cooperated with the ATF in exchange for his release from jail and that he continued to cooperate with the government until he was allowed to return to his home in California. ….."

Sherri Chunn 7/6/00 AP "…….Federal agents learned how to treat ``sucking chest wounds'' and give other emergency medical treatment in the field during two days of training for the 1993 raid on the Branch Davidian complex, a federal agent said. …….. Under cross-examination, Petrilli acknowledged that prior to the raid some agents were taught by military personnel at Fort Hood, a nearby Army post, how to administer field intravenous lines and treat shock and gunfire wounds. Petrilli's blood type was stenciled on his neck and leg before the raid, he said. ……..Robert White, a former ATF agent, testified last week that writing an agent's blood type on his body was not standard procedure and was recommended by ``the military.'' …..The ATF also brought tents, medical assistance, portable toilets, milk and water to take care of Davidians who were to be taken into custody after agents served the warrants, said Petrilli. ……"

Dallas Morning News 6/20/00 http://dallasnews.com/waco/98783_fbibugs_00tex.html "…… Here are excerpts from eight disputed transcripts prepared by a government expert from recorded transmissions of FBI bugs in the Branch Davidian compound. Judge Walter Smith on Monday turned aside plaintiffs' arguments that the transcripts should be declared inadmissible because they were turned over by the government months after the court's discovery deadlines. ……… Lead plaintiffs' counsel Michael Caddell argued that his side had not had time to examine them for accuracy and feared they might prejudice jurors. ……
WACO

Salon 7/6/00 Robert Bryce "……The first casualties at Mount Carmel were neither cult members nor federal agents: They were five dogs. The biggest one was an 80-pound brown malamute named Fawn. The rest were Fawn's 10-month-old puppies. ……. The animals' demise has become a central issue in the Branch Davidians' $675 million lawsuit against the federal government because the shooting of the dogs apparently led to the ferocious Feb. 28, 1993 gun battle that left 10 people dead, including four agents from the Bureau of Alcohol, Tobacco and Firearms and six Davidians. Ever since the shootout, the Davidians and the government have been arguing over which side shot first. And the picture emerging from the trial, now entering its third week, is that when the ATF began killing the dogs, the Davidians believed they were being attacked and began returning fire. ……."

Salon 7/6/00 Robert Bryce "…… "At first I thought it was the dogs being shot," Latimer said. A few seconds later, Latimer said a volley of gunfire erupted from inside Mount Carmel. Latimer's testimony is consistent with that of several other ATF agents who have testified during the government's defense presentation. The agents have all testified that they first heard a series of single shots and then a barrage of gunfire that included automatic weapons. The Davidians had a large number of automatic weapons at Mount Carmel that included AK-47s and M-16s. The ATF agents did not have any automatic rifles that day. ….."

Salon 7/6/00 Robert Bryce "……Just before Latimer took the stand, ATF agent Gerald Petrilli testified that he first heard a series of single gunshots shortly after he left the lead trailer. Seconds later, he told the court that as he approached the front door of Mount Carmel, he shot a "rather ferocious, large dog" with his 9mm pistol. But under cross-examination by Michael Caddell, the lead attorney for the Davidians, Petrilli, who was not part of the dog team, testified that he could not be certain that he had hit the dog with his 9mm sidearm. "Can I swear I hit the dog?" said Petrilli. "No. But I'd be surprised if I missed." ………. But under cross-examination, Orchowski admitted that he first heard intermittent gunfire. And Caddell introduced a statement by Orchowski that he gave to the Texas Rangers on March 9, 1993. In that statement, Orchowski said that after he got out of the trailer, he saw a puff of smoke near the front door of Mount Carmel that looked like gas from a fire extinguisher being used by the dog team. "When that didn't work," Orchowski told the Rangers, "they were forced to shoot" the dogs. ……."

Salon 7/6/00 Robert Bryce "……Last week, Clive Doyle, one of just nine Davidians who escaped from the burning ruins of Mount Carmel on April 19, 1993, testified that when the ATF shot the dogs, the people inside the building became angry. "Shooting at our dogs is the same as shooting at us," Doyle said. "It was the beginning of a war." While the dogs appear to be the reason the gun battle began, none of the witnesses who have yet testified has been able to say definitively which side was the first to shoot at humans. ……"

Salon 7/6/00 Robert Bryce "……Also on Wednesday, Dan Mulloney, a former photographer for KWTX-TV in Waco who was one of only two noncombatants to see the Feb. 28 shootout, told reporters that the government had subpoenaed him and planned to have him testify. But according to Mulloney, during a two-hour meeting with U.S. Attorney Michael Bradford on Tuesday night, Bradford changed his mind. …….The reason, said Mulloney, is that he was going to tell the court that he saw one of the three National Guard helicopters used during the raid come within 75 yards of the building. He was also going to testify that one of the choppers hovered just a few feet off the ground near Mount Carmel shortly before the gunfire began. "They're hiding something about the helicopters," Mulloney told reporters outside the courthouse……..Mulloney's statements about the helicopters were partially supported by the KWTX reporter who was with him that day, John McLemore. Last Friday, McLemore testified that the choppers flew directly over Mount Carmel and came within 100 yards of the building. ……Last week, the government put the three National Guard helicopter pilots who flew the aircraft on the witness stand. All three pilots testified that the choppers never flew directly over the building and all of them stayed at least 300 yards away from the building. They all testified there was never any gunfire from the helicopters. The Davidians have always insisted there was gunfire from the helicopters. …….If there was gunfire, it would be a clear violation of the Posse Comitatus Act of 1878. ….."

AP 7/5/00 "……..Federal agents learned how to treat chest wounds and other first aid techniques during training for the 1993 raid on the Branch Davidian complex, a federal agent acknowledged Wednesday. …..Bureau of Alcohol, Tobacco and Firearms agent Gerald Petrilli testified that he and other agents expected only to get into fistfights with sect members on Feb. 28, 1993, when they planned to search the building for illegal weapons and arrest sect leader David Koresh. ……. Under cross-examination, Petrilli acknowledged that prior to the raid, some agents were taught by personnel at Fort Hood, a nearby Army post, how to administer field intravenous lines and treat shock and gunfire wounds. He said his blood type was stenciled on his neck and leg before the raid. ……. Robert White, a former ATF agent, had testified last week that writing an agent's blood type on his body was not standard procedure and was recommended by "the military." …… The ATF brought tents, medical assistance, portable toilets and water to take care of Davidians who were to be taken into custody, Petrilli said, but never had a chance to use those supplies....... "

Lee Hancock / The Dallas Morning News 7/6/00 "……David Koresh grew "militant" just before his sect's bloody standoff with the government, ordering followers to make grenades, silencers and machine guns and predicting a shootout with authorities, a former Branch Davidian testified Wednesday. In the months before the 1993 siege, Donald Bunds said in deposition testimony read to jurors, the self-proclaimed messiah also taught followers to expect a violent end and his death at the hands of outside enemies. "He was almost constantly going through a scenario where the enemy or the cops or the ATF . . . were going to come down the driveway with rifles, and we were going to have to shoot back," Mr. Bunds said. "It was going to happen to him and his group, and they were going to join him in his battle." Mr. Bunds - an engineer who by chance left the compound only minutes before a gunfight broke out there with Alcohol, Tobacco and Firearms agents - also recalled bringing milling machinery and a lathe to the compound for Mr. Koresh in 1992. He said he used the equipment on Mr. Koresh's orders to make silencers and to machine parts to convert AR-15 assault rifles to automatic weapons. But he also said he never saw any working machine guns assembled from the 100 parts he machined. He added that many of the other projects commissioned by Mr. Koresh in the days leading up to the standoff - including plans to rig model airplanes with anti-tank explosives, build anti-tank rockets and reinforce the sect's compound - never worked. ……"

Lee Hancock / The Dallas Morning News 7/6/00 "……In a March 1993 statement to the Texas Rangers and in testimony in a 1994 criminal trial, Mr. Petrilli said he believed he'd been hit by buckshot from a .12-gauge shotgun. Noting that the agent heard shotguns being fired only by ATF agents, Mr. Caddell suggested repeatedly that Mr. Petrilli could've been hit by shotgun blasts from agents watching compound dogs. …..But the agent said he was certain he had been wounded by a hand grenade thrown from the compound, noting that the pieces of metal pulled from his arms were irregularly shaped shards, not uniformly rounded slugs……… The Houston lawyer also got Mr. Petrilli and another agent who helped lead the ATF "special response teams" that spearheaded the raid to acknowledge that ATF's final preparations for their Feb. 28 operation included battlefield medical training from U.S. Army Special Forces medics. ….."

Lee Hancock / The Dallas Morning News 7/6/00 "……Mr. Petrilli and retired Houston Agent Ken Lattimer each testified that Army medics met their agents at Fort Hood on the eve of the raid and taught them how to treat gunshot wounds, including by "sucking chest wounds," and field administration of intravenous or IV fluids. They said their contingency planning also included calling in local ground ambulances and two Careflight helicopters from Fort Worth to be on standby during the raid. …….Under government questioning, Mr. Lattimer and Mr. Petrilli each said they expected no resistance worse than fist fights, and Mr. Lattimer said he believed the medical classes were "for practice." But Mr. Petrilli said under cross-examination that ATF originally asked for the U.S. Army to send Bradley Fighting Vehicles to use in the raid. ….."

Lee Hancock / The Dallas Morning News 7/6/00 "……Mr. Lattimer also conceded on cross-examination that he had never trained with special forces personnel for any other ATF operation and had never before seen agents preparing for a raid instructed on giving IVs. …….."

The Associated Press 7/6/00 Matt Slagl e"…… About 300 machine guns, assault rifles and pistols were found in the charred remains of the Branch Davidian compound hours after the structure burned to the ground in 1993, a Texas Ranger testified Thursday. Government attorneys presented jurors with five burned weapons recovered at the site outside Waco, called Mount Carmel. Some of the guns, charred black with smoke soot, appeared melted. …….Lt. James Miller, who helped collect and examine evidence from the site, said the recovered weaponry included 60 M-16 machine guns, 60 AK-47 assault rifles, about 30 AR-15 assault rifles and numerous smaller pistols and unused bullets following the April 19, 1993, blazes. Miller said 85 weapons, including a .50 caliber rifle and several AK-47 assault rifles were found along the front area of the complex. Another 144 guns were found in a concrete vault built inside the building. ….."

The Post-Dispatch 7/5/00 William Freivogel "……Like a general attacking the weakest part of the enemy line, government lawyers are attacking the weakest link in the Branch Davidians' wrongful death lawsuit. Justice Department attorneys are focusing on the beginning of the 51-day standoff, when four agents died, rather than the end - when about 80 Davidians perished. ……… Meanwhile, Justice Department lawyers say it is now doubtful they will call Jeff Jamar and Dick Rogers, the two FBI commanders who were in charge of the final onslaught on the compound weeks later that ended in the fatal fire. The idea, one Justice Department official said, is to stress the part of the case where the government is strongest. …….Jacob S. Mabe, who was nine at the time, testified on videotape that his mother had taught him how to load bullets into rifle magazines. On Feb. 28, as the gunfire raged outside, Mabe, his mother and siblings were loading magazines that were being passed on to the Davidians who were firing on pinned-down government agents. ……..He also testified that David Koresh, the leader of the sect, had conducted Bible study sessions that went into the night during which he referred to himself as Jesus Christ and at which he displayed a gun. ….."

The Post-Dispatch 7/5/00 William Freivogel "……The government read into the record the testimony of Donald E. Bunds, a retired aerospace engineer who said he had helped to convert about 100 rifles to a fully automatic state on the orders of Koresh, the Davidian leader who died in the fire on April 19, 1993. ……Bunds testified that Koresh ordered him to buy a milling machine used to covert the guns. Koresh also talked to Bunds about building a machine gun and about turning model airplanes into weapons to attack tanks, projects that did not work out. …….Bunds testified that Koresh began bringing weapons to the Bible studies in the months before the assault and talked increasingly about a final battle with the government. …… "

The Post-Dispatch 7/5/00 William Freivogel "……Gerald Petrilli, a veteran ATF agent, said he had only taken half a dozen steps before "the entire front of the compound erupted in gunfire." "I saw muzzle flashes out of the windows and curtains puffing out, all indicative of gunfire," he said, identifying 10 windows and a door from which he saw signs of gunfire. …… Petrilli testified he was injured by a grenade, suffering 47 puncture wounds to his arm. He also was shot in the chest. ……Mike Caddell, the lead lawyer for the Branch Davidians, stressed that Petrilli and the other ATF agents who testified were not among the first agents off the trailers that transported them to the complex. Caddell suggested that the first agents on the scene could have initiated the gunfire. ….."

The Dallas Morning News 7/6/00 Lee Hancock "…. David Koresh grew "militant" just before his sect's bloody standoff with the government, ordering followers to make grenades, silencers and machine guns and predicting a shootout with authorities, a former Branch Davidian testified Wednesday. In the months before the 1993 siege, Donald Bunds said in deposition testimony read to jurors, the self-proclaimed messiah also taught followers to expect a violent end and his death at the hands of outside enemies. ……. Mr. Bunds - an engineer who by chance left the compound only minutes before a gunfight broke out there with Alcohol, Tobacco and Firearms agents - also recalled bringing milling machinery and a lathe to the compound for Mr. Koresh in 1992. He said he used the equipment on Mr. Koresh's orders to make silencers and to machine parts to convert AR-15 assault rifles to automatic weapons. ……..But he also said he never saw any working machine guns assembled from the 100 parts he machined. He added that many of the other projects commissioned by Mr. Koresh in the days leading up to the standoff - including plans to rig model airplanes with anti-tank explosives, build anti-tank rockets and reinforce the sect's compound - never worked. ......"

The Dallas Morning News 7/6/00 Lee Hancock "…. Like Mr. Bunds, Mr. Mabb testified that Mr. Koresh taught followers that he was Jesus Christ. Mr. Mabb said he left the compound after the gunfight only because he was given permission to leave by Mr. Koresh. The government also called four more ATF agents Monday to describe the horrific gunfight that broke out as they tried to search the compound and arrest Mr. Koresh on weapons charges. Four ATF agents and six sect members died that day. ……..Like the three agents called last week, ATF witnesses called Monday offered gripping stories of crouching behind car bumpers, dirt piles and flimsy fences as a wall of bullets came at them through the compound's windows, walls and doors. Contradicting earlier testimony from some Branch Davidians, the agents said they saw gunfire flashing from almost every upstairs window - including a window where sect members claim one Branch Davidian woman was killed without provocation during the firefight. ……."

The Dallas Morning News 7/6/00 Lee Hancock "…. ……But like their colleagues who appeared last week, Mr. Petrilli and the other agents who testified Monday could not say who started the shooting. Most conceded that they initially thought the first pops of gunfire came from agents assigned to control the Branch Davidians' dogs. ……… Plaintiffs' lawyer Michael Caddell repeatedly accused Mr. Petrilli of altering his earlier accounts of the gunfight and what wounded him. ……. In a March 1993 statement to the Texas Rangers and in testimony in a 1994 criminal trial, Mr. Petrilli said he believed he'd been hit by buckshot from a .12-gauge shotgun. Noting that the agent heard shotguns being fired only by ATF agents, Mr. Caddell suggested repeatedly that Mr. Petrilli could've been hit by shotgun blasts from agents watching compound dogs. ...... But the agent said he was certain he had been wounded by a hand grenade thrown from the compound, noting that the pieces of metal pulled from his arms were irregularly shaped shards, not uniformly rounded slugs. ….. The Houston lawyer also got Mr. Petrilli and another agent who helped lead the ATF "special response teams" that spearheaded the raid to acknowledge that ATF's final preparations for their Feb. 28 operation included battlefield medical training from U.S. Army Special Forces medics. ….."

The Dallas Morning News 7/6/00 Lee Hancock "…. ……Mr. Petrilli and retired Houston Agent Ken Lattimer each testified that Army medics met their agents at Fort Hood on the eve of the raid and taught them how to treat gunshot wounds, including by "sucking chest wounds," and field administration of intravenous or IV fluids. They said their contingency planning also included calling in local ground ambulances and two Careflight helicopters from Fort Worth to be on standby during the raid. …….. Under government questioning, Mr. Lattimer and Mr. Petrilli each said they expected no resistance worse than fist fights, and Mr. Lattimer said he believed the medical classes were "for practice." But Mr. Petrilli said under cross-examination that ATF originally asked for the U.S. Army to send Bradley Fighting Vehicles to use in the raid. Defense Department records indicate that the request for eight Bradleys was quickly denied because of federal limitations on military involvement in domestic police actions. …….Mr. Lattimer also conceded on cross-examination that he had never trained with special forces personnel for any other ATF operation and had never before seen agents preparing for a raid instructed on giving Ivs…."

Waco93.com tj 7/6/00 "…..Paul Fatta was convicted of conspiring to illegally convert weapons and aiding and abetting conversion. He was not at Mount Carmel on the day of the raid, yet he is serving a 15 year prison term on these counts. whereas Donald Bunds provides a written deposition to the effect that he helped David Koresh in converting about 90 AR15 from semi-automatic to automatic and he has presumably never served a day in prison for this. ……"

St Louis Post Dispatch 7/6/00 William Freivogel "……David Koresh taught women to fire weapons, drilled them for war, instructed them to commit suicide in battle and took 15 women and girls as his wives, witnesses testified Thursday. In the end, the bodies of these women and children were found on top of rifles in a bunker with hundreds of guns and thousands of rounds of ammunition. …….. Coffman found 133 weapons in the small bunker, 22 of them under the bodies. When he rolled over the body of one woman, "a grenade fell out from her waist," he testified. …….Justice Department attorneys bolstered that case by reading the testimony of one of Koresh's wives, Dana Okimoto, a psychiatric nurse from Hawaii. She testified that Koresh taught all women to shoot and showed war movies, like "Hamburger Hill," to prepare them for the war that he believed the Bible prophesied. He also convinced her that she should commit suicide if she were captured in that war and was about to be raped. …….. Asked about Koresh's mental health, Okimoto testified, "As a mental health professional, I believe he probably belonged in a hospital somewhere." ….She left the complex about a year before the siege began. …..

St Louis Post Dispatch 7/6/00 William Freivogel "……Earlier in the day, government lawyers showed jurors the burnt remnants of some of the more than 360 rifles, machine guns, pistols and grenades that the Branch Davidians turned on government agents. The arsenal included 48 rifles that had been illegally modified to become fully automatic. ...... But the lead lawyer for the Branch Davidians, Mike Caddell, quickly turned the tables on the government, suggesting that the FBI had tampered with the evidence in the hours immediately after the fire. ………Caddell's questions apparently had an impact on the advisory jury. The only question it asked based on a morning of testimony was what had happened to a missing front door to the Branch Davidians' complex. ……."I have no idea," replied Lt. James L. Miller, the Texas Ranger who was in charge of collecting evidence. "We collected what we found. If there was a second door to be collected, we would have collected it." ......"

St. Louis Post-Dispatch 7/8/00 William Freivogel "……Texas Rangers say they found a makeshift torch and cans used to store flammable liquid in a dining room, one of the locations where the fatal fire began. Agents say they rescued a woman who is suing them. …….. On Monday, the government plans to play tapes of unidentified Davidians inside the complex talking about setting the fire. ...... Sgt. Bobby Grubbs testified that Clive Doyle, one of the Davidian survivors, told him in the hospital the day after the fire that "the fire was started with Coleman fuel. He said that Coleman fuel had been distributed through the compound." But Doyle, whose hands were badly burned, would not say who started the fire, Grubbs testified. ……… Mike Caddell, the main lawyer for the Davidians, pointed out during cross-examination that lab reports on the "torch" had not shown evidence of flammable liquids and that the Davidians used Coleman fuel for lanterns. Lanterns were found in the dining room near the burned gas cans. ……."

St. Louis Post-Dispatch 7/8/00 William Freivogel "……Mark E. Tilton, of the FBI's Hostage Rescue Team, described the beginning of the fire, just after noon April 19. A converted tank that the FBI used to insert tear gas into the complex had just torn open part of the front. Tilton, who was in a nearby Bradley Fighting Vehicle, testified that he could see that a staircase in the complex remained intact. ….."

St. Louis Post-Dispatch 7/8/00 William Freivogel "……Earlier in the day, government lawyers read into the record the statements made by 28 agents from the Bureau of Alcohol Tobacco and Firearms after the raid Feb. 28 that began the 51-day siege. The statements had not previously been public. All of the agents reported that the Davidians fired on them as they approached the complex. Roland Ballesteros, the first ATF agent to reach the door, testified in court that he confronted David Koresh, who was standing in the door. "I yelled 'police' a couple of times. He asked what was going on. I said, 'Police, this is a search warrant. Lay down.'" …….Ballesteros testified that Koresh slammed the door. "I tried to open the front door," he said. "At that time, there was a burst of gunfire. I felt a burning sensation and looked down and saw my thumb had been shot essentially in half." ……Ballesteros dived off the porch as automatic weapon fire blew through one of the front doors. That door is missing from evidence ……."

AP 7/7/00 Sherri Chunn "…… Ranger Bobby Grubbs, who helped gather evidence after the deadly fire, testified that Clive Doyle, one of nine people who escaped, told Rangers the blaze was started with Coleman fuel. When asked if he knew who started it, Doyle refused to answer the question, Grubbs testified. ``I felt he had information; he just wouldn't give it to us,'' Grubbs said. …….. They say the gas cans were used to fill fuel-burning lanterns needed to light the complex during the standoff. Grubbs also said lantern parts belonging to the cult were found near the cans. ……. Grubbs said Rangers interviewed Doyle a day after the fire, as he lay in a burn ward of a Dallas hospital. Doyle's mother, Edna Doyle, who sat in the courtroom with her son, quietly repeated the words ``You're a liar'' as Grubbs testified about the interview. ……. "

Mark England 7/7/00 Waco Tribune-Herald "…….. A motion filed Friday asked Waco's federal court to permit the playing of surveillance tapes that allegedly recorded various Branch Davidians discussing setting fire to Mount Carmel. ……. Government attorneys asked U.S. District Judge Walter S. Smith Jr. to let the advisory jury in the Davidians' $675 million wrongful-death lawsuit against the government hear the voices of unnamed Davidians allegedly say such things as "Pour the fuel," and "Light the fire." …….Plaintiffs opposed the playing of the surveillance tapes - picked up by tiny eavesdropping devices slipped into Mount Carmel by the government inside objects such as milk cartons - in a June 29 motion, arguing among other things that it amounted to the introduction of hearsay testimony. …….. Plaintiffs' attorneys Mike Caddell and Cynthia Chapman also argued in their motion that the surveillance tapes should not be played unless the government can identify the speakers. "Absent voice authentication, the tapes are not admissible for any purpose," they argued. "At a minimum, the defendant must present testimony from one or more witnesses able to identify the speakers based on his familiarity with their voices." ……. Caddell said Friday that the government may present surveillance tapes that captured the voices of people not inside Mount Carmel on the day of the fire. Government officials have said some of the tapes they want to play are recorded conversations that took place before April 19, 1993. "We don't know," Caddell said. "The people on the tape may be Brad Branch and Kevin Whitecliff who were not even in the building on April 19th. They've had seven years to figure out who these people are." ……….. Chapman said the government wants to use the tapes to prejudice the advisory jury against all the Davidians. "If you notice, they never have a child talking," she said. "If it's a female, she's saying something like, 'Hi.' It's a couple of unidentified males talking." Government co-counsel Michael Bradford said he believes the surveillance tapes are relevant regardless of when the conversations occurred. ……."

Mark England 7/7/00 Waco Tribune Herald "…….In a motion filed with U.S. District Judge Walter S. Smith Jr. of Waco, the government said it's entitled to an adverse inference that Derek Lovelock helped start the fire at Mount Carmel because of his refusal to read alleged statements about lighting a fire that were picked up by surveillance devices planted inside the building. …….Lovelock, a British resident, was one of nine Davidians to escape the fire that led to the deaths of David Koresh and 75 followers. …….. Mike Caddell, lead plaintiffs attorney, said Lovelock did not help start the fire. His refusal to say various phrases - such as, "Spread the fuel" and "Light the fire" - merely reflect his fear of the United States government, Caddell said. Lovelock's previous experience with the government came during the siege, Caddell said. Caddell accused the government in a motion filed two weeks ago of deliberately springing its request on Lovelock. It expected Lovelock to refuse to repeat what was on the tape, Caddell said, allowing government attorneys to ask the court for an adverse inference. But a government motion filed Thursday claims that Lovelock could have just declined to say the words on the tape. Instead, Lovelock invoked his right not to incriminate himself. ……. Partial transcripts of Lovelock's deposition show that a government attorney warned Lovelock of his rights before seeking to depose him. ….. After consulting with his attorney, Joe Phillips, who works for Caddell's firm, Lovelock took the Fifth Amendment. ……"

San Antonio Express-News 7/9/00 Dick Reavis "…..After almost three weeks of testimony from witnesses and government agents in the Davidian wrongful death trial, the case will head into final stage this week as federal attorneys wrap up their defense. ......... But because the subject matter of the trial is limited by an obscure legal doctrine, any verdict in the case will leave several controversies unsettled, most observers believe. …….For example, the FBI agents scheduled to testify this week will say they bashed huge holes in the Mount Carmel religious center and residence in order to insert tear gas, not to block exits from the building or to destroy it. But the five-member advisory jury in the case will probably not be exposed to discussion about possible effects of the tear gas mixture used at Mount Carmel. …."

San Antonio Express-News 7/9/00 Dick Reavis "…..Two weeks ago, as attorney Ramsey Clark was winding up the plaintiffs' presentation, he sought to put a Michigan chemist, Eric Larsen, on the stand. Larsen was a specialist for 30 years in inhalable anesthetics for the Dow Chemical Co. The retired chemist said he would have testified that methylene chloride, a solvent in the tear gas mixture used at Mount Carmel, is "a very potent, fast-acting inhalation general anesthesia agent." His calculations, he says, show that the amount of methylene chloride deployed at Mount Carmel on April 19 was sufficient to induce coma among all of its child residents and those adults whose corpses were found in a windowless concrete vault FBI agents termed "the bunker." "The question I'd have put," he said, "is who is responsible for the deaths? The person who put people in a coma, or the fire?" ………But Larsen was not allowed to testify because Judge Walter Smith Jr., who is hearing the case, ruled last year that use of the gas was protected under the "discretionary function exemption," a tenet of federal law. The doctrine's intent, attorneys say, is to protect government employees from lawsuits that might arise over actions they pursue with diligence and in good faith. "Tear gas has long been an accepted, and effective, enforcement tool," Smith wrote in a 1999 order that narrowed the trial's scope. "The fact that tear gas may be dangerous through long-term exposure is a red herring ..." he opined, because "the Davidians chose to allow their children to be exposed .. . for over six hours."

San Antonio Express-News 7/9/00 Dick Reavis "…..Government attorneys say they also will play tapes of conversations captured by hidden listening devices. The tapes, they say, record Davidians discussing plans for the April 19 blaze, in which 74 people died. ……..During the week of June 26, they elicited testimony from two Mount Carmel survivors, Clive Doyle and Sheila Martin, that some 30 lanterns and a propane-fired system for heating and cooking were in use during the 51-day siege. Chicago fire expert Patrick Kennedy testified that when tanks entered the building, they may have upset burning lanterns and ruptured propane lines, precipitating the blaze. But the cause of the blaze cannot be presently determined, he charged, because federal investigators failed to follow standard fire inspection procedures......."

San Antonio Express-News 7/9/00 Dick Reavis "….. On Thursday, four Texas Rangers described finding some 360 firearms in the ashes of Mount Carmel, including 48 rifles that had been converted into machine guns. To bring home the reality of the Davidians' weapons stockpile, government attorneys paraded several of the weapons before the jury. But plaintiffs attorneys charged that the showing was not relevant. "We have already stipulated to the presence of an enormous quantity of weapons at Mount Carmel, including the number of automatic weapons that the government claims," lead plaintiffs attorney Mike Caddell said. ......Caddell, whose arguments highlight the straits of Mount Carmel's women and children, also found little relevance in the government's two-day presentation about the Feb. 28 raid. "David Koresh was a psychopath, and there were some bad guys inside Mount Carmel, but I keep asking myself, what has that got to do with dead children?" he said. ……"

St Louis Post Dispath 7/8/00 William Freivogel "……The Federal Tort Claims Act permits people to sue the government. But the law has a "discretionary function" exception that protects the government from being sued for mistakes made by its officials. The point of the exception is to avoid discouraging officials from making tough decisions. …… The government has already won some legal battles in the Waco case because of this exception. U.S. District Judge Walter S. Smith Jr. threw out the challenge to the ATF's "dynamic entry" during the Feb. 28 raid, when agents tried to break into the Davidian complex immediately after announcing a search for illegal weapons. Smith also threw out the claim that the government's use of tear gas endangered the Davidians. ……….. The government has tried to convince Smith that the same discretion that covers the use of tear gas also should protect the means the government chose to insert the gas. ……..But Smith still isn't sold on that argument. …….."

St Louis Post Dispath 7/8/00 William Freivogel "……To win, the Davidians have to show an unbroken "chain of causation" between a negligent act by the government and the death of the Davidians. …….The government claims that the Davidians' actions in setting the fire broke the causal chain between the government's demolition of the building and the deaths of the Davidians. ……. Mike Caddell, the lead lawyer for the Davidians, responds that the key question is whether the government should have been able to foresee a drastic response by the Davidians. He cites the warnings from the FBI's psychological profilers that, "If the compound is attacked, in all probability, David Koresh and his followers will fight back to the death." …….. "

St Louis Post Dispath 7/8/00 William Freivogel "……The law does not have the warm heart of the good Samaritan. It generally does not recognize a duty to rescue another person from danger. ……..The Justice Department illustrates that legal rule with the story of the bystander who allows a blind man to step in front of traffic knowing he will be hit. The bystander cannot be held liable. The government says that, by the same token, it cannot be held liable for not having sufficient fire equipment at Waco to rescue the Davidians. Caddell's response is that the government was not an "apathetic bystander" at Waco. It took actions that made the situation more dangerous and for that reason had a legal duty to rescue the Davidians. ……..If the government is found to be liable, the damages it has to pay can be reduced if those bringing the suit are also at fault. If the fault of the person suing is greater than 50 percent, the person cannot collect. ......... Caddell says that under Texas law, a child under 5 cannot be at fault and a child 5 to 13 is only expected to act like a reasonable child - which probably means staying with parents. So, if the jury found the government negligent in some way, the government would pay for the children's deaths. …….. In the end, however, the jury's verdict is merely advisory. That may be a good thing, because one of the five jurors has slept through large portions of the testimony. Smith can set the verdict aside if he disagrees with it. And he could decide, after all the evidence is in, that the government's actions were within the discretionary-function exception of the law. ……"

Waco93.com Ada 7/2/00 "….. Louis Anthony Alaniz, a Houston telephone operator, and Jesse Amen. Alaniz is the more interesting of the two, and the Davidian attorneys believe he was sent in by the government. (Indeed later he said he felt he had betrayed the Davidians because the government forced him to reveal strategic information as to where the children slept, etc. He also told the government that the Davidians were existing on two 8 oz. ladels of water a day.) Ananiz was religious but of the Pentacostal persuasion. After supposedly sneaking through FBI lines, he knocked at the Davidians' door. Understandably, they did not immediately open to him and only did after the tankers had him in their view and started barking orders to "return to the building". Alaniz kept begging to be let ing saying, "Either they're going to shoot me, thinking I'm one of you, or ya'll are going to shoot me, thinking I'm one of them". The Davidians, I guess, decided to give him the benefit of the doubt and opened the door. ……… The Davidians were kind to Alaniz, bringing him water, soap and fresh clothes. They showed him into the telephone room, placed food at his side. A nurse stopped by to ask if he needed help picking thorns and splinters from his scratches. A limping Koresh shook his hand. He asked Koresh what was going on and Koresh replied, "Two subjects, religion and politics." Then Ananiz got the Seven Seals lectures. According to him, the day's activities at Mt. Carmel when he was there were like this: ......... "Morning came, "nuts, applesauce and raisin rolls. Bible study began at eitht or nine." After that, communion, more Bible talk, a break for lunch, and at two or three o'clock, exegesis again. Usually the talks lasted past dar, he said, with an unsteady Koresh at the helm. Alaniz also reported what the videotapes confirmed--one of the tanks was flying a flag with a white field crossed by red diagonals. What that meant was known only to the tankers (we had a discussion on that a few months ago, and I think the result was that this had something to do with them being from Alabama.) However, Alaniz and possible the Davidians as well interpreted the flag as saying that the tankers would not permit them to surrender. ……… Alaniz reported also that the tank drivers mooned the residents and made obscene hand signs. "Why don't ya'll just get the hell out of here? Why are ya'll making us stay here?", they yelled over their loudspeakers. "Once," Alaniz asserts, "they didn't know that they hadn't turn off their speakers. I heard one of them say, "Why don't we just kill them all?" (IMO if Alaniz really heard that, I doubt it was the result of an accident.) …….."

Waco93.com Ada 7/2/00 "….. Jesse Amen was a middle-age hippie, and did not get along well with the Davidians. About a week after he left, one of the FBI negotiators light-heartedly tried a new threat on Steve Schneiver: "We're sending Jesse back to you."......"

Waco93.com fred 7/1/00 "….. from Moore on Jesse Amen:
March 26--The FBI demands people exit and removes more vehicles. Christian sympathizer Jesse Amen sneaks into Mount Carmel.
April 4--Attorneys bring in Arnold and Tabor audio tape. Jesse Amen exits……"

Waco93.com fred 7/1/00 "….. from Moore on Alaniz:
March 24--The FBI insults Koresh at news conference. Christian sympathizer Louis Alaniz sneaks into Mount Carmel.
April 17--Louis Alaniz exits Mount Carmel. Attorney General Reno approves gassing plan for April 19th. …."

Waco93.com fred 7/1/00 "…..Louis Alaniz, a Christian sympathizer who sneaked into Mount Carmel in late March and left just before the fire, said the Branch Davidians listened to the FBI press conferences. "What really got them is they constantly heard the story changing--another lie, another lie, another lie. These people were saying, `Why are they saying all this about us?' I didn't see anything that [the FBI] was telling the press that was true."
57/ Dick Reavis, who has compared the full contents of the 20,000 pages of negotiation tapes to the FBI transcripts of its news conferences, confirms that FBI spokesperson Bob Ricks constantly lied to the press about what was happening in negotiations.58/ In the March 8th home movie Judy Schneider and Kathy Schroeder complained bitterly about the lies the FBI was telling………
The FBI told the press the Davidians had created tunnels and booby traps in back of the property to keep people off it, but reporters who slipped back there did not find any.59/
The FBI made the false claim that Davidians were using illegal drugs.60/ They asserted most of those inside were white, although half were of African, Asian or Hispanic descent. (In early March African-American columnist William Raspberry naively wondered what the government would have done to the Davidians if they were black instead of white.61/) …..
The FBI claimed Davidians had several years worth of food stored, when they had less than six months. They frothed over descriptions of Mount Carmel's rickety buildings as a bunkered "fortress" built for war.
The FBI claimed that Davidians were placing their children in windows as shields when they were merely holding them up to watch the tanks.62/ ……..
Bob Ricks claimed that operations were costing two million dollars a day, but it was revealed in June, 1993 congressional hearings that the total was $6,792,000, an average of $130,000 a day.63/ The disinformation ended in a crescendo of falsehoods immediately after the April 19th fire. ……
The FBI would not let the press or public see video tapes sent out of Mount Carmel. Even the Justice Department report admits Davidians spoke in "calm, assured tones of their desire to remain inside," and that "the abiding impression is not of a bunch of 'lunatics,' but rather of a group of people who, for whatever reason, believed so strongly in Koresh that the notion of leaving the squalid compound was unthinkable."64/

apfn@apfn.org 7/14/00 "…..I sat in that courtroom and watched Judge Smith practically pass out from boredom on more than one occasion that I noted in my record keeping. I realized very quickly that he didn't NEED to pay attention, his verdict was made up in his mind and has been since 1993. The fix was already in, and those people didn't have a chance. I also want to inform people of the restrictions the Davidian lawyers had to face with this kangaroo court of mock justice. I was informed there were exactly 100 things their lawyers were forbidden by Judge Smith to discuss. Way more than the press is reporting to us. (Gee, that's surprising)…..I also watched someone sabotaging the proceedings... and that was Caddell. Each step of the way he was sending the Davidians to slaughter…….. Sharlene Shappart…."

7/14/00 Sherri Chunn AP "….A jury decided Friday that the government does not bear responsibility for the deaths of 80 Branch Davidians during the cult's 1993 standoff with federal agents. A federal judge will take the ruling into account before delivering the verdict himself sometime later……. Plaintiffs' lawyers, including Ramsey Clark, who was attorney general during Lyndon Johnson's administration, said the deaths of the cult members "didn't have to happen and called the siege "the greatest domestic law enforcement tragedy in the history of the United States."…….. "If the conduct of the ATF and the FBI was performed without excessive force and without negligence, then how in the world did it end up with such unmitigated, disastrous effects?" Clark said in closing arguments……… U.S. District Judge Walter Smith said he will take the jury's findings under advisement and render a verdict later, possibly in August…….."

New York Times 7/15/00 Esther Bauer "…..After little more than two hours of deliberations today, a federal jury decided that federal agents were not responsible for the deaths of 80 Branch Davidians during two raids at their Waco compound seven years ago. ……. The trial was the most thorough exploration to date of the government's controversial actions against the Branch Davidians. Still to be resolved is an inquiry by former senator John C. Danforth (R-Mo.), who was appointed by Attorney General Janet Reno to review the final assault April 19, 1993…….. Disappointed by the jury's finding, the plaintiffs' lead attorney, Michael Caddell, said he is considering dropping the case. "I don't believe in pursuing lost causes," he said. U.S. District Judge Walter S. Smith will render the final verdict, probably next month. Under rules governing civil suits against the government, the jury's ruling is only advisory. Both sides in the case expect the judge to hold the government blameless……… He also predicted that "it will make it easier for Senator Danforth to conclude there was no negligence" even though Caddell said the government's conduct clearly contributed to the deaths……."

New York Times 7/15/00 Esther Bauer "…..FBI Director Louis J. Freeh said the decision also lifts "an enormous burden" from the agents and their families after seven years of "speculation, misinformation and second-guessing" over what happened at Waco. He said he hoped the verdict would "reinforce the fact" that the officers involved "were doing their best under extraordinarily dangerous conditions."......The instructions Smith gave to the jurors made it difficult for them to find against the government. He told them that "every citizen has a duty to submit to a lawful arrest or search" and that any law enforcement officer "has a right to protect himself from an attack made upon him by one resisting arrest and to use all reasonable and necessary force to overcome the resistance and repel the attack."...... "

Fox News AP 7/15/00 "……. Long before an advisory jury decided the federal government was not responsible for the deaths of Branch Davidians in the Waco siege, U.S. attorneys had turned the case in their favor. ……By invoking a federal law known as the discretionary function exemption, they eliminated several allegations in the $675 million wrongful death lawsuit brought by survivors of the 1993 siege and relatives of those who died. That exemption gives federal officials room to make judgment calls and carry them out without fear of being sued, even if their decisions prove to be bad. ......"Even before we got to trial, the case was whittled down significantly to relatively narrow legal issues, in large part because a lot of the things we did are protected by the nature of discretionary function," said Thom Mrozek, a Department of Justice spokesman. ……"

Fox News AP 7/15/00 "…….The plaintiffs say they don't expect him to deviate much from the jury. One Davidian leader on Saturday was already discussing an appeal. "The government would like to think we've had our day in court and it's over. But you can't prove your point if you can't present your point," said Clive Doyle, a survivor of the siege who was part of the lawsuit against the government. ……."This is not the end of this," said Koresh's mother, Bonnie Haldeman. "We're not going to let it be forgotten." .........Federal attorneys convinced Smith last year that the FBI's decision to tear gas the compound on April 19 to force the Davidians out was a discretionary function. Also taken out of consideration were tactics used during the standoff to persuade Davidians to surrender, such as turning off the electricity and playing loud music. …….Originally, the federal government was nearly untouchable in liability suits. The concept that the government could do no wrong — sovereign immunity — was a holdover from English law when kings were considered infallible. …..Congress changed that in 1946. ……"

Lee Hancock 7/14/00 The Dallas Morning News "……A plaintiff's attorney complained Thursday that a federal judge appeared to be "ignoring the law" and trying to "engineer a verdict" favorable to the government as both sides finished presenting evidence in the Branch Davidian wrongful-death lawsuit. …… Michael Caddell of Houston told reporters that the judge's written instructions and questions for the advisory jury unfairly lump the Davidians together as a group instead of allowing separate consideration of the death or injuries and actions or negligence of each individual in the case. "I think the jury may surprise the judge. I think that the judge would like to engineer a verdict," Mr. Caddell said on the steps of the federal courthouse in Waco. "I think we can get a jury verdict anyway. But it's clear that he doesn't want a verdict with respect to anyone 17 or older that will be inconsistent with what he wants to do." ......To decide the case, jurors will be asked: First, did ATF agents use excessive force or fire indiscriminately when a gunbattle broke out on Feb. 28? Then, did FBI agents act negligently, specifically violating a Washington-approved plan, when they sent tanks deep into the compound during an April 19, 1993, tear gas assault? Did the tanks cause or spread the fire that broke out, and did FBI commanders commit negligence when they decided beforehand that they wouldn't bring in fire trucks or even try to fight any blaze that day? If government agents were in any way negligent, were the Davidians also negligent in starting fires or failing to submit to government authorities beginning Feb. 28, and continuing through April 19? ……."

Lee Hancock 7/14/00 The Dallas Morning News "……An accompanying 18-page set of instructions tells jurors how to consider those questions. It warns that they can't sonsider controversies such as whether the ATF operation was poorly planned or should've been canceled when commanders learned that the sect was tipped off just before the raid. But it says they can consider the Branch Davidians' decision to resist federal authorities when they weigh the question of whether the FBI "negligently prevented or hindered them from leaving the compound." ...... The jurors also will be told that they can consider whether "any of the adult plaintiffs in Mount Carmel" contributed to or "proximately caused" the sect's injuries and deaths. ….."

Lee Hancock 7/14/00 The Dallas Morning News "……Judge Smith's decision to have jurors consider the Branch Davidians as a group appears to be a shift from his explanation of the case during jury selection. During that June 19 proceeding, he told prospective jurors: "There are a number of plaintiffs in this case ...and they have to be viewed individually in a lot of respects. Some of them were small children. Some of them were older children. Some of them were aged adults. And you'll learn that there was a different standard to use for different aged persons in determining whether or not something they did was negligent." ……….. When one member of the jury panel asked for more explanation, the judge responded, "You can't treat all of the plaintiffs as one single group. You have to treat them as individuals." ...... After leaving court Thursday, Mr. Caddell said he was disturbed that the judge did not instruct the jury that they could not consider suicide as a defense if the government's actions helped cause the suicide. He said Texas state law requires such an instruction, and the federal law that allows lawsuits against the government requires a judge to apply the civil laws of a state where the lawsuit is filed. ……"

Lee Hancock 7/14/00 The Dallas Morning News "……Mr. Caddell said he was also highly concerned that the jury charge did not consider each individual's case separately, or ask jurors to weigh only that individual's actions when considering whether they or the government were in any way negligent. ...... He said that unfairly "lumps" women and children together with men who were known to be shooting guns on Feb. 28 and may have been involved in setting fires on April 19. ……."He doesn't separate the children," Mr. Caddell said. "I guess I wonder if he thinks that a two-year-old is a Davidian. ... He's saying is that Aisha Gyarfas Summers, who was 17 years old and under the law in Texas is an adult, should be treated the same as David Koresh. …… "We asked that the rights of each claimant be deteremined on an indivdiual basis - which is what the law requires, which is what the judge told the jury they were going to be asked to do," Mr. Caddell said. "This will be good evidence to somebody that this judge is not following the law." Mr. Caddell conceded that his criticism of the judge in a pending case was unusual. "But I've never had an experience like this. I've never had a judge ignore such clear law. He's ignoring the law that even the government cited in their brief. He's ignoring law that he applied in [an earlier ATF] case arising from the siege." ……."

Lee Hancock 7/14/00 The Dallas Morning News "……ATF agents were paid a $15 million out-of-court settlement in 1996 by the Wace Tribune Herald, Waco TV station KWTX, and a local ambulance company after Judge Smith in an April 1996 ruling wrote that the media was aware that the sect was heavily armed and potentially dangerous and should have forseen how their actions endangered ATF agents. Four ATF agents died on Feb. 28. But the judge's jury charge includes no instructions that FBI commanders had been warned of the possible danger of sending tanks deep into the building on April 19. …….Documents offered during the trial showed that commanders were repeatedly warned by FBI experts that the sect would respond violently to such actions. ……"

Lee Hancock 7/14/00 The Dallas Morning News "……The agent said Ms. Riddle turned her head and did not answer when he asked repeatedly for the location of the sect's children. "If she had told me, I would have went after the children or died trying," he said. …….. In a brief rebuttal, plaintiffs' lawyers read a portion of the deposition of FBI hostage rescue team commander Richard Rogers. Mr. Rogers confirmed that he and the overall onsite Waco commanders decided not try to fight any fires that might break out during the April 19 tear-gassing operation. Byt But Mr. Rogers also said the situation was "too risky." ……. Plaintiff's Plaintiffs' lawyers also played portions of an FBI surveilance tape in which Branch Davidians could be clearly heard describing how one of the six sect members killed on Feb. 28 were shot from a government helicopter. ATF agents and pilots of the helicopters have all testified that none of the aircraft used in the raid were armed and no shots were fired from them Feb. 28. ……."

MARK ENGLAND 7/14/00 Tribune-Herald staff writer "…….A battered, partially peeled metal door, its insulation exposed, that was shot at and run over by a tank has been propped up next to the defense table since the government introduced it into evidence June 29. It's half of the front door that stood at Mount Carmel during the siege. What it's testimony to is debatable. ……To the government, the left side of the front door states clearly that bullets were flying both ways on Feb. 28, 1993, when the Bureau of Alcohol, Tobacco and Firearms raided Mount Carmel to arrest Koresh for possession of automatic weapons. Four ATF agents and five Davidians died in the ensuing shoot-out. However, the plaintiffs argue that the door's appearance at the trial raised more questions than it provided answers. ......"Every day someone looks at that door and it raises questions about the other half," said Mike Caddell, lead attorney for the plaintiffs. "That survived the fire. Why didn't the other one survive? I think leaving it in plain view was a huge mistake. They'll hear about it tomorrow." ……"

TOMMY WITHERSPOON 7/14/00 Tribune-Herald staff writer "…….. An FBI agent who pulled a Branch Davidian from the flames of Mount Carmel testified Thursday that he was willing to die trying to rescue the children if he had been able to determine where they were during the fire. ……McGee, 43, from New Orleans, lowered his head and paused before answering as government attorney Matt Zabel asked him about his dramatic rescue of Branch Davidian Ruth Ottman Riddle, who jumped from a second-floor window and then ran back into the inferno. "I'd like people to understand that this is a very emotional situation for me," McGee said, his voice cracking. McGee said he fired 96 non-military tear-gas rounds into the compound from a Bradley tank during the government's attempts to drive the Branch Davidians from the building. He testified that he abandoned the safety of the military vehicle when he saw Riddle hit the ground hard and then return to the building. He said he went inside the compound about 8 to 12 feet and saw her lying face-down on the floor. He said he shook her and she turned and said, "Who are you?" He said he told her who he was and then asked where the children were. He said she told him to leave her alone and resisted his efforts to get her out of the building, which McGee estimated was 75 percent engulfed in wind-whipped flames at the time. He said he carried her outside and behind the tank, where he and FBI agent Bob Hunt, a paramedic, examined her briefly before loading her into the tank. ......... McGee said he had two objectives when he went into the building - to save Riddle and to find out from her where the children were. "If she had told me, I would have gone after the children or died trying," he said. ……"

TOMMY WITHERSPOON 7/14/00 Tribune-Herald staff writer "…….. The charge to the jury upset the calm demeanor that has marked lead plaintiffs' attorney Mike Caddell's court performance. He was frustrated that Smith didn't differentiate between the Davidian men, women and children in his jury instructions - which only refer to the Davidians. ...... At first, Caddell tried joking about the charge. "Other than that, Mrs. Lincoln, how was the play?" Caddell said to reporters. ……. He grew more fretful, however, the more questions he was asked about it. "What he's doing is saying that Aisha Gyarfas Summers who was 17 years old and an adult under the law in Texas should be treated the same as David Koresh," Caddell said. "I think that's not only a mistake under the law, but it's also a mistake given the facts of the case. It's unfortunate." ……. Caddell said there is no evidence that any of the women fired a weapon on the day of the initial raid. "But the charge submitted dumps the women in with the men," Caddell said. ……. The charge to the jury did not include standard jury instructions in Texas regarding suicide, Caddell said. Caddell told reporters that if he was surrounded by fire, a "child next to me screaming in agony and his or her skin rolling off," he would grab a weapon and "put that child out of his misery and then do the same for myself." Caddell's frustration boiled over at the end of the press conference. "I think Judge Smith is trying to engineer...," Caddell said, before stopping himself. "I don't know. I hope this is simply a result of the judge being too busy to read the briefs we submitted to him. I trust once he reads the law, he'll follow it." ……… Asked if the charge formulated the basis for an appeal, Caddell said, "If the judge issues a ruling saying the Davidians started the fire, he will be reversed. No question about it." ......... "

Dick J. Reavis 7/14/00 Express-News Staff Writer "……..Michael Caddell of Houston, the lead plaintiffs lawyer, assailed the instructions because they do not, as he had requested, tell jurors to spell out responsibility on a death-by-death basis. Caddell, who has argued that Mount Carmel's women and children were not responsible for actions of the community's adult males, protested at a press conference on the courthouse steps. "It looks like the judge is trying to engineer a verdict," he said. ……. Caddell last week declared that Davidian leader David Koresh was a "psychopath" and that "there were some bad guys at Mount Carmel." The federal government, he has insisted, should have protected the community's women and children from the schemes and consequences set in motion by Koresh and his lieutenants. ……. "

Dallas News 7/14/00 "……Jurors hearing the wrongful-death lawsuit over the government's handling of the Branch Davidian siege found in favor of the government Friday on all issues. ……. Before the trial, Judge Smith ruled that the jury would not consider perhaps the most contentious issue – whether federal agents shot at the Davidians at the end of the siege. The judge said he will take up that issue before issuing his final verdict. "This case is not finished,'' Judge Smith said. "Once the jury is retired, I need to talk to lawyers about when we're going to continue this trial and consider the issue. Then the court will render a decision.'' …… Late Thursday, Caddell had blasted Smith's charge, or instructions, to the jury and accused him of trying to "engineer a verdict.'' …….. Before reading the charge to the jury Friday morning, Smith responded. Here are excerpts of his comments: "It's the first time in my experience that a proposed charge to a jury wound up in the newspapers. But this has been a novel experience in many ways for me. I was able to discern that there were some errors in the charge. ... ……."First of all, I have not in any way tried to engineer the jury instructions or the verdict form in order to have a particular result happen. I have tried to simplify the jury charge to get to the bottom line in the issues that are of interest to me and the public in this case. …….."Congress waived soveriegn immunity. Congress passed a statute that allowed the government to be sued. ...Congress in its wisdom put certain limits on that right. ...An important limit that Congress put on that right, they simply did not trust juries to decide cases where the government is being sued. …….. .. Federal statutes allow and federal rules of proceedure allow judges to impanel advisory juries. …….That absolutely amazes me, because you're the one who seems to have absolutely no understanding of the process. "A jury makes a decision. The jury advises the court. I can take its advice or I can reject it. I consider their verdict to the extent that I want to. I don't know what that advice is going to be. But we'll see. ... I have not attempted to engineer what that advice will be. And I think that perhaps makes the record clear.'…'

Dallas Morning News 7/15/00Michelle Mittelstadt "……. Officials at the FBI, Justice Department and the Bureau of Alcohol, Tobacco and Firearms, who have been harshly criticized over the years for their decisions at the siege near Waco, took pains not to appear jubilant. ...... "This terrible tragedy was the responsibility of David Koresh and the Branch Davidians, not the federal government," the Justice Department said in a terse statement. "We are pleased the jury affirmed that view." ………"You've got all these unanswered questions that are going to linger," said Houston lawyer Jack Zimmerman, who spent time inside the Davidian retreat during the siege. "My concern is that we've got extremists that are going to view this as a whitewash. There was really no resolution. The judge didn't let all the evidence in; the jury didn't hear everything." ...... Fellow Houston lawyer Dick DeGuerin, who also went inside the compound to visit with his client Mr. Koresh, said it was inevitable that a Waco jury would find for the government.

"What's happened is the jury from Waco can't get back at David Koresh for all the embarrassment that he's caused them ... so they are blaming these other folks," Mr. DeGuerin said of the plaintiffs. ……"This case shouldn't have been tried in Waco," he said, an assessment shared by Mr. Zimmerman……

Dallas Morning News 7/15/00 David McLemore "…."The jurors have informed me that it is their unanimous decision that they have no desire to talk to anyone, attorneys or news media," said U.S. District Judge Walter S. Smith. "They have already left the building and won't be available." ...... The speed of the jury deliberations was simply a way for the jury to send a message to the Branch Davidians, said plaintiffs' attorney Ramsey Clark. "It was a verdict unsupported by the truth and the evidence," Mr. Clark said. "They were saying that they didn't like these outsiders, this unpopular and minority religious community. In that sense, they were speaking for the whole Waco community."….."

St Louis Post-Dispatch 7/16/00 William Freivogel "…..Still ahead is the report of special counsel John C. Danforth, appointed last September by Attorney General Janet Reno to conduct an independent investigation of the deadly siege in which about 80 Davidians died. Congressional committees also have long-running investigations……In addition, the month long trial had a limited scope. Some controversial actions were not before the jury -- such as the wisdom of sending 76 armed men to arrest David Koresh when authorities could have nabbed him when he left the compound………. Nor does the jury's verdict that the government wasn't negligent mean that the government didn't make mistakes. ……Jurors left the courthouse without responding to questions, so no one knows what they were thinking. …….In some ways, the Branch Davidians had lost their case before the trial began. The national spotlight dimmed quickly after Danforth's appointment. For one thing, former Sen. Danforth, R-Mo., located his investigation in St. Louis and imposed a news blackout. Faced with a black hole in the middle of the country, the national press dropped off the story………In addition, the new evidence that had led to the Danforth inquiry seems to have turned into a dead-end. …."

AP 7/13/00 "……Government attorneys presented evidence that suggested several children who were in the Branch Davidian compound on the final day of the 1993 siege were shot and at least one was stabbed. The attorneys read the results of 21 autopsies on adults, children and one infant, some still unidentified, whose remains were recovered from the complex after it was engulfed in flames. Twenty died of gunshot wounds. One toddler died of a stab wound to the chest. ……..The government presented the findings as further proof that cult members were suicidal and started the fires on April 19, 1993, that burned the compound to the ground. ……"

San Antonio Express-News 7/16/00 Dick Reavis "…… Most Americans, lead Branch Davidian attorney Michael Caddell said after the verdict was announced, "will take the verdict as the final word on this controversy." Caddell himself seems willing to accept as much. He has not announced an intent to appeal, and has, instead, said: "I do not pursue lost causes." …….. But the jury's verdict probably is not the final word and, for better or worse, there may never be a final word in the Waco controversy — in court or outside. …….. The case may maintain a slow, feeble pulse because the lawyer who fathered the suit is swearing to keep it alive, even in the Waco court of Judge Walter Smith Jr., who acquired a reputation as a foe of the Davidians in both their 1994 San Antonio criminal trial and in the proceeding that ended in Waco on Friday. Attorney Kirk Lyons of Black Mountain, N.C., vowed Saturday to appeal the case if, as seems certain, lead plaintiffs attorney Caddell lets it drop. ……But the question most important to Lyons and other critics of the government's action was not raised: why did the ATF raid Mount Carmel in the first place, rather than arresting David Koresh away from the property? The decision to send 75 armed men and women to Mount Carmel may have been a bad one, but, in Judge Smith's view, the federal discretionary exemption protects it from litigation. ……"

Upi 7/21/00 "…….Former Sen. John Danforth Friday cleared the federal government of wrongdoing in the 51-day siege at the Branch Davidian compound in Waco, Texas, and blamed the followers of cult leader David Koresh for starting the fire that killed about 80 people. Following a 10-month investigation, Danforth released his preliminary conclusions at a St. Louis news conference. Attorney General Janet Reno appointed the Missouri Republican to investigate the April 19, 1993, government assault on the Branch Davidian compound following years of charges that the FBI fired on the Davidians, igniting tear gas. The incident has become a rallying point for various militia groups and the alleged impetus for the bombing of the Oklahoma City federal building by Timothy McVeigh. …….."

Salon.com 7/17/00 Robert Bryce "……Last Friday's verdict in the Branch Davidians' $675 million lawsuit against the federal government is reminiscent of a photograph taken shortly after Mount Carmel burned to the ground. The widely published photo shows federal agents sorting through the charred rubble of the Davidians' home. A pair of bulldozers is on the left. On the right is a flagpole topped by the American flag. Below it is the Texas flag. And below the Texas flag flutters a blue banner emblazoned with the initials ATF. The photo tells a great deal about the government's attitude toward the Davidians in the hours after the deadly fire. "All those people may be dead," the Bureau of Alcohol, Tobacco and Firearms flag seems to say, "but we won the battle." ………."

Salon.com 7/17/00 Robert Bryce "……By winning the civil trial, the government has prevailed again over the Davidians. But the trial and the verdict have left both sides disappointed. U.S. District Judge Walter Smith Jr. limited both sides to 40 hours of presentation, a ruling that kept mountains of evidence out of court and many pivotal witnesses off the stand. ……….Supporters of the federal position are pleased their side prevailed, but some are angry that the Department of Justice hasn't prosecuted federal miscreants who lied about what happened at Mount Carmel. And both sides fear that supporters of the Davidians may express their anger by taking action against the federal government. ……"

Salon.com 7/17/00 Robert Bryce "…… Thus, after seven years of waiting for a trial to answer key questions relating to one of the bloodiest police conflicts in American history, the press was not allowed to ask questions of the jurors, nor even learn their names. ……One wonders what the jurors (two white women, one white man, one black woman and one black man) thought about the questions they were not told to answer. For instance, why, instead of sending 76 heavily armed, body-armor-clad ATF agents to Mount Carmel, didn't federal officials arrest David Koresh when he was shopping for groceries in Waco? Nor did the jury hear or see any evidence dealing with other questions raised by the government's actions at Mount Carmel. …….. Important issues -- such as the use of large amounts of tear gas, 700 tons' worth of tanks and psychological warfare against the Davidians -- were scarcely mentioned during the trial. The jury did not hear about training the ATF undertook at Fort Hood with Army Special Forces units in close-quarters combat in the days before the Feb. 28, 1993, raid on Mount Carmel. And it heard few details about the instruction Special Forces medics gave ATF agents on how to insert intravenous needles in the field and how to treat sucking chest wounds. ………Smith delayed discussion of the forward-looking infared (FLIR) videotape, which was taken during the FBI's final assault. The tape allegedly shows government assassins firing into Mount Carmel on April 19, during the final minutes of the siege. A hearing on the tape has been scheduled for early next month. ……."

Salon.com 7/17/00 Robert Bryce "……What's more, there was an almost complete lack of drama in the trial. Not one decision maker for the government took the stand. Jeff Jamar and Dick Rogers, the two men who headed the FBI's force in Waco, had been expected to testify; during opening statements, government lawyers promised jurors they would appear. It's likely the fault of the lead lawyer for the Davidians, Michael Caddell, that the two men were not called. Caddell had them on his witness list but apparently changed his mind, hoping the two would be called by the government. Nor were ATF commanders Phillip Chojnacki and Chuck Sarabyn called to the witness stand. The two decided to go ahead with the raid on Mount Carmel even though they knew the element of surprise had been lost, a fateful decision that, observers say, was responsible for the carnage that followed. According to the Treasury Department's own report, the two men later "lied to their superiors and investigators" about their actions……."

Salon.com 7/17/00 Robert Bryce "……Davidians and their supporters had lost faith in Smith long before their civil suit went to trial, and now they are frustrated at having once again been defeated in Smith's courtroom. The staunch Republican judge has never hidden his disdain for the group, an offshoot of the Seventh-Day Adventists. ………. Lawyers for the Davidians tried many times to get the civil trial transferred out of Smith's courtroom, appealing the matter all the way to the Supreme Court, but to no avail. …….Smith plans to reconvene the court on Aug. 2 to discuss and examine the FLIR tape. With the jury dismissed, the court will hear testimony from a few other witnesses, including David Oxlee, an expert from Vector Data Systems, a British firm that conducted a government-sponsored test of the the FLIR in March at Fort Hood. Caddell, lead attorney for the plaintiffs, is sufficiently disillusioned with Smith's court that he indicated he may not return to the courtroom again, even for the FLIR hearing. He had to "recognize that there will be no judgment against the government by Judge Smith," he said. ……."

Salon.com 7/17/00 Robert Bryce "……Bill Johnston, a former high-profile federal prosecutor, believes Reno's agency has been lax when it comes to prosecuting the people who acted improperly at Waco. ….Johnston believes the agency should have prosecuted Sarabyn and Chojnacki for lying to federal investigators after the Mount Carmel tragedy. ….When it comes to Waco, Johnston says, the federal government has "a history of nonaccountability." ……..Like Wright, Johnston worries that the lack of accountability on the matter is creating hostility toward the government. "That's how you develop hatred to create an act like the one Tim McVeigh did by bombing the building in Oklahoma City," said Johnston. Prosecuting Sarabyn and Chojnacki "would have helped. It would have been the right thing. It would have let people see that the government process works. But the Justice Department doesn't do the right thing," he said. "They do what is easy." ………. "

Salon.com 7/17/00 Robert Bryce "……Johnston is also angry that the government hasn't prosecuted Marshals Service employees who lied after the standoff. Shortly after the siege began, two marshals falsely accused two other Waco-based marshals, Parnell McNamara and his brother, Mike, of being the source of the leak that let Koresh know ATF was coming. The McNamaras, among the most famous lawmen in the Lone Star State, had to sue the agency to clear their names, and the marshals who lied about them were promoted. That matter, combined with Reno's decision not to prosecute the two ATF commanders, is what led Johnston to leave the DOJ. "I'd had a bellyful of all the silliness," said Johnston. ……."

Philadelphia Inquirer 7/19/00 Scott Holleran "…….Last Friday, a five-member jury cleared the federal government of liability in a wrongful death suit arising from the 1993 Waco disaster. A disaster it was: armed gunmen; tanks; the infamous black helicopters. Eighty-three people dead in the conflagration, including Branch Davidian leader David Koresh. ……….. These symbols prompted many to point to Waco as the ultimate symbol of government interference in private lives. To them, government was a conspiracy of the powerful. Timothy McVeigh bombed the Oklahoma City Federal Building on the second anniversary of the Waco disaster, killing hundreds. Unknown terrorists made reference to Waco when they attempted to blow up a passenger train in Arizona. ……..In fact, the evidence suggests that the Waco siege was justified. The actions there seem appropriate in the face of an inherent military threat to others, including children. There is no right to stockpile an arsenal of military weapons. And the jury's advisory verdict (a judge will make the final decision) is an affirmation of the proper authority of government. ...... But do Americans still have plenty of reason to fear and distrust the government? You bet. Distrust is alive and well in our society - as it should be. …….."

Reason 7/26/00 Jacob Sullum "……. It has frequently been observed that some people are eager to believe the worst about the federal government's actions at the Mount Carmel Center outside Waco, Texas, in 1993. But critics of Waco conspiracy mongering are often just as eager to absolve the government of any culpability in the chain of events that led to the deaths of more than 80 men, women, and children. ……. The latter tendency was apparent in a recent New York Times headline: "A Special Counsel Finds Government Faultless at Waco." In truth, the conclusions of John C. Danforth, the former Republican senator who was appointed by Attorney General Janet Reno to look into lingering questions about Waco, were not so sweeping……….In a sense, they are dead because of David Koresh: If it weren't for him, they would still be alive. By the same token, however, they would still be alive if it weren't for the government's hamhandedness and negligence. Federal officials may not have been malicious at Waco, but they were a long way from "faultless." ……"

St. Louis Post-Dispatch 7/26/00 Philip Dine "……Davidians started and spread the 1993 fire and killed children in the compound, including a youngster of about 4 who was stabbed to death, Danforth said. Others were shot. "That's not suicide - that's murder," said Danforth, who last week completed and released an interim report on the Waco tragedy. …….. "The charges were so dark that they had to be explored, and explored thoroughly," Danforth said. He cited four accusations:
* That the government started the fire;
* That federal agents shot at people during the siege and kept them from surrendering when the fire started;
* That the military was used improperly;
* That evidence of the other allegations was covered up.

….His 10-month investigation has shown that, "These allegations simply aren't true," he said. "This isn't a close call. It's clearly not true. "I think when people are intent on burning themselves up, there's not much you can do about it." ……Testifying before the Senate's Judiciary Subcommittee on Administrative Oversight and the Courts, Danforth took aim at a culture that he said was "willing to trash people on the basis of mistakes. Mistakes, even bad mistakes, are assumed to be evil mistakes." …….."

NewsMax.com 7/27/00 Carl Limbacher "……. In sworn testimony three months ago President Clinton tried to blame pressure from his own Justice Department for the disasterous decision to use force to end the 1993 Waco standoff, which resulted in the deaths of more than 80 Branch Davidians and their children. "I gave in to the people at the Justice Department who were pleading to go in early," Clinton told campaign finance task force chief Robert Conrad, calling his decision to take the advice "a terrible mistake." ……..But the day after the assault on the Davidian's church compound, Clinton said that Attorney General Janet Reno got his full permission to use force and mentioned nothing about any recommendations from other Justice Department officials. "I said that if she thought it was the right thing to do, that she should proceed and that I would support it. And I stand by that today," Clinton told reporters in an April 20, 1993 Rose Garden press conference. …..In the same remarks, Clinton also admitted that he was the driving force behind the decision to turn Waco into a paramilitary operation: ……"

Dallas Morning News 7/22/00 Michelle Mittelstadt "……Congress wants to hear from the Waco special counsel who has emphatically cleared the government of wrongdoing during the 1993 Branch Davidian siege. ...... Hours after he issued a report exonerating federal law enforcement, special counsel John Danforth was asked Friday to appear next week before a Senate Judiciary subcommittee reinvestigating the government's conduct at Waco. …….. Sen. Arlen Specter, R-Pa., and Sen. Charles Grassley, R-Iowa, want Mr. Danforth to explain how he conducted his sweeping, $12 million investigation and answer questions about the 51-day standoff that ended with the deaths of about 80 Branch Davidians. ……."We need to know obviously more than his conclusions, but the details of the evidence and what he has done," Mr. Specter said. "... There is a responsibility on congressional oversight to make an independent determination. The starting point is to get the details as to what Danforth has done." ……"

UPI news 7/21/00 "…..David Koresh's last lawyer said Friday that the Danforth report fails to hold government officials responsible for the "bad decisions" during the deadly 51-day Branch Davidian siege near Waco. Dick DeGuerin, who represented Koresh during the standoff, said he was disappointed by the scope of the Danforth report, saying it failed to failed to fully examine the mistakes of the federal agents. He asked why the Bureau of Alcohol, Tobacco and Firearms needed 80 armed agents to arrest one man Feb. 28, 1993, and why after 51 days without any injuries did the FBI send in tanks and tear gas. ….."

St. Louis Post-Dispatch 7/22/00 William Freivogel and Terry Ganey "……. * The Danforth report singles out for criticism "sensational films (that) construct dark theories out of little evidence." A documentary filmmaker who claimed the federal government killed people at Waco, Texas, said Friday he was insulted by the findings in John Danforth's report that exonerated federal agents of wrongdoing. ……. Mike McNulty, the lead researcher on two documentaries about Waco, said he had spent seven years of his life investigating what happened to the Branch Davidians while Danforth had spent 10 months. …… McNulty said he was standing by the contents of his films, which claim government agents fired at the Davidian complex and contributed to the fire that destroyed it. …….Another of McNulty's claims is that a military-type explosive charge blew a hole in the roof of a building where more than 30 women and children had sought shelter from a tear gas assault by the FBI. Danforth's report said overwhelming evidence showed the claims were untrue. …….. McNulty said: "That just ticks me off. I'm not saying we are 100 percent right because you can't be. "I don't believe we've received information that would be defined as truth from Mr. Danforth. He is doing his best to put the face of political correctness on this situation." ......... "

Dallas Morning News 7/23/00 Lee Hancock "……The Waco special counsel's report emphatically clears Attorney General Janet Reno of wrongdoing in the Branch Davidian siege and its aftermath, but it doesn't extend that finding to her Department of Justice. …… Although it found no evidence of a massive or deliberate cover up, the report details repeated instances of nondisclosure and resistance to thorough examination of government actions in Waco - a pattern that began with the agency's own 1993 post-siege review and continued in Mr. Danforth's ongoing investigation. …….Justice Department officials initially tried to impose "a certain degree of control" over the Danforth probe, the preliminary report states. There was then "substantial resistance," within the agency to Mr. Danforth and his investigators' requests for access to internal agency documents, despite Ms. Reno's vigorous, public promise of "total openness and independence" for her Waco special counsel, the report says. …….In some cases, it took direct intervention from FBI Director Louis Freeh or the acting attorney general named to oversee the agency's response to the Waco probe to force officials to surrender some of the estimated 2 million documents so far turned over to the special counsel's office, the report states. ……."

Dallas Morning News 7/23/00 Lee Hancock "……The wrangling with Justice officials - particularly fights over access to evidence - ultimately were all resolved, the report states. But it adds that the efforts were often "contentious" and took "an unnecessarily large amount of time and resources." ……. Addressing such problems fully with not only the current special counsel's probe but with all legitimate oversight inquiries could prevent a repeat of the seven-year controversy arising from the Waco tragedy, the Capitol Hill official said. "No one short of the 40 conspiracy nuts on the Internet who are still obsessing about Waco take issue with Danforth's findings of no serious wrongdoing by the government. But the embers weren't even cool in Waco before the Justice Department began stonewalling and blocking legitimate congressional oversight, legitimate discovery requests from both civil and criminal lawyers, and even a legitimate review by their own agency," the official said. ……"

Judicial watch 7/24/00 "……..First, there was Senator John Danforth - who admittedly issued his incomplete Waco report to clear the way for his consideration as George W. Bush's Vice Presidential running mate. With "100 percent certainty" - a confidence only reserved for God - Senator Danforth avoided controversy by dismissing the Waco investigation in time for his possible selection, and incredibly exonerated Attorney General Janet Reno, the FBI, ATF, and others of wrongdoing. His report, sadly, is similar to a wronged wife who catches her husband in bed with another woman, only to have him deny that there is another woman in the bed. The eyes of the American people saw the Waco debacle and, while one can quibble over the degree of guilt, there is no question that Reno and her co-actors were, at a minimum, negligent. Accordingly, for Senator Danforth to totally exonerate these individuals and agencies, simply unmasks his own political aspirations and underscores how the Establishment "circles the wagons" to protect itself…….."

Reuters 7/25/00 "…… Days after the government was absolved of wrongdoing in the 1993 siege and fire at the Branch Davidian compound, the White House released Monday testimony from President Clinton in April that he "felt personally responsible" for the roughly 80 deaths. Clinton believed he "made a terrible mistake" in allowing FBI agents to storm the sect's compound to end a seven-week standoff, according to testimony during an April 21 interview with Justice Department investigators probing alleged campaign finance violations. ……."

Medium Rare articles 7/24/00 Jim Rarey "……. On September 11, 1999, shortly after former Senator Danforth had been named by Janet Reno to conduct an "independent" investigation into Waco, this writer published an article (reproduced below) warning not to expect any unbiased report from Danforth. ……Since then, the so-called investigation under the direction of Edward L. Dowd, Jr was conducted according to Danforth with a "bunch of attorneys and 18 postal inspectors. …….The key issue was whether or not government agents (FBI?) had fired on the compound during the fateful showdown on April 19th. Crucial to that issue was analysis of the FLIR tapes that purportedly showed gunfire directed at the compound from government positions. …..Danforth "selected" a firm in Britain that supposedly was independent. It turns out it is owned by another firm in Virginia and its business appears to be almost exclusively with the pentagon. Sounds like a government "proprietary", doesn't it? ….."

MEDIUM RARE 9/11/99 Jim Rarey "…….. DANFORTH'S BOOKENDS Shortly after Bill Clinton took office in 1993, an event unprecedented in the history of the United States took place. Newly appointed officials at the Justice Department "accepted the resignations" (fired) every U.S. Attorney in the country and appointed Clinton loyalists as replacements. Two of those replacements were; Eric Holder in the Washington, D.C. district and Edward L Dowd, Jr. in St. Louis. The actual ordering of the firing was issued by Webster Hubbell, longtime friend of the Clintons and a partner of Hillary Clinton in the Rose law firm. ……At the time, many (including this writer) suspected that the mass firing was a cover to obfuscate the fact that the U.S. Attorney in Little Rock was fired for cooperating with the Resolution Trust Corporation (RTC). …..Former Senator Danforth may find it tough sledding to mount a thorough investigation of Waco. Since Janet Reno has recused herself from the investigation, Danforth will be supervised by Clinton loyalist Eric Holder, now Deputy Attorney General. …….Holder will also be the one who decides what subpoenas Danforth can issue and whether or not a grand jury will be used. ……This writer's guess is that the Danforth investigation will be conducted under grand jury secrecy and Justice and the White House will refuse to cooperate with congress on the grounds that it would interfere with the Danforth investigation. The best hope for the public to learn the truth about Waco may be the new documentary to be released in the middle of this month from the producer of the Oscar nominated film Waco: Rules of Engagement ……"

PBS Newshour 7/21/00 "……JIM LEHRER: Who did the shooting, Senator? Who shot whom and why?
SEN. JOHN DANFORTH: The only people within the complex were the Davidians themselves. And I can't tell you whether they shot people. I can just tell you the results.
JIM LEHRER: But do you believe... is there any evidence to indicate that these 20 people were singled out because they didn't want to go along with the suicide? They wanted to escape? Is there any evidence on that issue at all?
SEN. JOHN DANFORTH: I don't think so. I think one of the people was shot in the back, which might indicate that, but most of them were shot in the head.
JIM LEHRER: Why were the children shot? Do you have any idea?
SEN. JOHN DANFORTH: I can't judge this at all. You know, as I say, we were really looking into whether or not the government was culpable and trying to figure out what happened. And it's absolutely clear that government agents did not fire shots that day.
JIM LEHRER: They fired no shots at all?
SEN. JOHN DANFORTH: No shots at all.
JIM LEHRER: And the evidence about that, you say is 100 percent certain, is that correct? ……
SEN. JOHN DANFORTH: It's 100 percent certain. And, in fact, the evidence presented on the other side was so weak that it had to do with so-called flare tests, which showed flashes. We hired two sets of experts to examine that issue. In both cases they concluded with, again, total certainty, that the reflections were... the flashes were glints of reflected sunlight and that they were not any kind of shots by guns.
JIM LEHRER: These were flashes that turned up on videotape.
SEN. JOHN DANFORTH: Right. ….."

Lew Rockwell.com 7/20/00 Judith Vinson "…..Sometimes, to understand an event, it's necessary to look at the smallest of things. Jamie was such a thing. He weighed less than thirty pounds. He was blind. His eyes forever closed. He didn't talk, or sit, or walk, and couldn't feed himself. He spent much of his day in an infant carrier or a crib beneath the windows of his room so he might feel the sunlight. He could only feel and hear, and so his mother read him nursery rhymes, and spent countless hours winding a collection of music boxes whose tinkling sounds always brought a smile to his face. He was cuddled, and rocked like any infant, except Jamie was no infant. Jamie was eleven years old. A victim of spinal meningitis at eighteen months, he didn't grow much after that. He was a little boy who "all the king's horses, and all the kings men" could not put together again. He was not the youngest of the Branch Davidian children who lived at Mt. Carmel, but certainly one of the least…………He was in his crib under those windows on the morning of February 28, 1993, when agents of the BATF began a raid on his home. Bullets shattered the window above his crib and he was cut with flying glass. For a very long time he screamed and thrashed in his crib as his mother, along with the other children, huddled on the floor of the bedroom away from a barrage of gunfire and flying glass. His father, Wayne Martin, was downstairs pleading through 911 with the Mc Clennon County Sheriffs Department to "call them off, there's women and children in here." It was a futile plea. For a long time the McClennnon County Sheriffs Department hadn't a clue as to what he was talking about. ……."

Lew Rockwell.com 7/20/00 Judith Vinson "…..His wheel chair had to be left behind, so Sheila, who weighed not more than a hundred pounds, and now afoot, never the less, managed to carry him around the town of Waco, Texas. She had just been released from jail and was homeless and alone with Jamie after Child Protective Services took away her two youngest children. Although she was never accused of any crime, it would be a long time before she got the other children back, the CPS requirement being: "You must provide a proper home we approve of." ...... For a time she and Jamie would live at the Salvation Army where she would pray and clutch the pictures of her husband and children as she watched the final conflagration and the deaths of her husband and four older children as Mt. Carmel burned to the ground. After she was released as a material witness, Sheila and Jamie were evicted from the Salvation Army inasmuch as the Salvation Army had a contract with the Mc Clennon County Sheriffs Department for a halfway house for released felons. Salvation, it seemed, was in short supply. There was no room for a mere widow with a special-needs child. ………"

Lew Rockwell.com 7/20/00 Judith Vinson "…..The only one in Waco willing to take them in was a young man named Mark Domangue. He owned the Brittany Hotel in downtown Waco, an old run-down transient hotel he hoped to remodel and refurbish. Later, he invited two elderly, and also homeless Branch Davidian women to join them. The women who were there wouldn't accept charity and they offered to do maid service in return for their lodging. At length, they were evicted after armed IRS agents seized the property because Mark was unable to pay the withholding taxes the IRS estimated he owed from the Branch Davidian women's volunteer work. Before long, the building was razed and the property is now a city park across the street from the Waco Convention Center......."

Lew Rockwell.com 7/20/00 Judith Vinson "…..For all the questions not allowed to be asked in that trial, Jamie might have answered the most important one of all. Would people laying an ambush for the BATF leave the children they loved exposed in front of open windows? He can't answer, of course. Two years after he came from Mt. Carmel to the streets of Waco, Jamie died. Even in death, there would be no room for him. The mass grave in Potters' field that held his father and four brothers and sisters along with the other Branch Davidians was filled to capacity, the authorities said. He would have to be buried apart from the rest and far across the cemetery. Jamie is there now, alone. It's a nice place, this time, though. A better place. One where the sun is always shinning, and the music boxes will never wind down……."

 

7/14/00 Wilmington Morning Star Amy Turnbull "….The state rested its case Thursday in the second-degree murder trial of retired Army Col. George Marecek, and New Hanover County Sheriff's deputies were stationed outside the courthouse door to monitor the potentially volatile proceeding. ……. Security was tightened Wednesday after Dennis Rood reported to Carolina Beach Police that he had been harassed by two men at his home the night before he was to testify against Mr. Marecek. He identified one of the men as Jonathan Keith Idema, an outspoken supporter of Mr. Marecek. ……. Carolina Beach Police Maj. William Still said Thursday that witness tampering charges will not be filed against Mr. Idema. "I discussed it with (District Attorney) John Carriker this morning, and it does not meet elements of the statute," Maj. Still said. "This was a heated argument, but does not meet criteria of a threat." The incident report will remain on file, he added, but Mr. Idema will not be charged. ………. The report came as no surprise to Mr. Idema, a former Green Beret like Mr. Marecek who Thursday was visiting the Committee to Free Marecek headquarters on Princess Street. He said the report was made as an attempt by law enforcement to quiet him just as he was about to make public damaging information about the New Hanover County Sheriff's Department's investigation of the case. Mr. Idema said he only approached Mr. Rood to confront him about information he has that contradicts statements Mr. Rood has made in court. Mr. Idema said he asked Mr. Rood why he lied under oath. "If that question is intimidation, then every journalist in this country is guilty of intimidation," he said. …….Mr. Idema has been working on the Marecek case for about a year, he added, and he is convinced that Mr. Marecek is not guilty of murdering his wife, Viparet, at Fort Fisher in 1991. …….He said he isn't working for the defense team. He said, in fact, that he has been ordered not to turn over the information he gathers to the defense. He said he works for the Counter-Terrorist Group, an organization whose primary focus, according to its Web site, is an academy that "provides its graduates with the most modern tactics and techniques for armed encounters and for the successful prevention and resolution of acts of terrorism." …….."

WorldNetdaily 8/28/99 Betsy Gibson "...A former Special Forces commando says he spoke yesterday to a Delta Force commando who was present at the final tear-gas assault on the Branch Davidian compound. Keith Idema, who was a member of Special Forces and Special Operations units from 1975 to 1992 and helped to train hostage rescue team personnel for both Delta Force and the FBI, says pictures from Waco released this week by the Texas Department of Public Safety have been mistakenly identified by the department as gun silencers and suppressors belonging to David Koresh and his followers which were found inside the compound after the fire. Idema says they are actually concussion grenades manufactured by a company, Defense Technology, and purchased by the FBI. Idema also says the bright light seen on video footage as flashing inside the building moments before the fire broke out have been misidentified as a fire started by Branch Davidian leader David Koresh, when, in fact, to the trained eye of a Special Forces explosive expert it is unmistakably the flash caused by a "concussion grenade" that has been lobbed inside the compound...."

US Dept of State Washington file 7/21/00 John Danforth "…… On the day that Attorney General Reno appointed me Special Counsel, I said that this investigation would examine whether government agents engaged in bad acts, not whether they exercised bad judgment. It is an important distinction. A free society cannot tolerate a government that commits bad acts such as killing citizens because they pose a nuisance, or because they express unpopular ideas, or even because they are dangerous. While charges of deliberate governmental misconduct justify a far-reaching investigation of this type, there are good reasons why poor judgment conduct alleged to be careless or imprudent -- does not. Established mechanisms, including civil lawsuits, are available and sufficient to resolve such claims against the government. ……. In fact, what is remarkable is the overwhelming evidence exonerating the government from the charges made against it, and the lack of any real evidence to support the charges of bad acts. This lack of evidence is particularly remarkable in light of the widespread and persistent public belief that the government engaged in bad acts at Waco. On August 26, 1999, for example, a Time magazine poll indicated that 61 percent of the public believed that federal law enforcement officials started the fire at the Branch Davidian complex………"

Salon (via Drudge Report) 7/25/00 Daryl Lindsey "……..Former Sen. John Danforth, the special counsel assigned by the Justice Department to investigate the deadly 1993 federal raid on the Branch Davidian complex in Waco, Texas, issued his preliminary findings Friday. After years of GOP rhetoric that Janet Reno's minions conducted warfare against David Koresh's sect, Republican stalwart Danforth concluded with "100 percent certainty" that the attorney general and the federal government were not guilty of any wrongdoing. "The blame rests squarely on the shoulders of David Koresh. This is not a close call," Danforth told reporters at a press conference in St. Louis. ……… The film has always had its critics, including former FBI agent Bob Ricks (the agency's press liaison during the negotiations in the 51-day standoff), who told the Houston Chronicle that Gifford and McNulty's film was "totally biased, one-sided and without factual basis." In his first interview since the release of the Danforth report, which was critical of his film's findings, Dan Gifford blasted the Republican senator's conclusions. He offered a library of conspiracy theories and at one point even admitted, "I know this stuff starts to sound like X-Files but this is very real." Gifford suggested that he has been under government surveillance since the film was released, with spooks popping up at his visits to bookstores, cafes and even at a recent lecture he gave in New York. So it's no surprise that he would take a skeptical view of the findings in Danforth's $12 million, 10-month investigation. Nevertheless, "The Rules of Engagement" was a critical hit on the film festival circuit, and has become the definitive documentary of the 1993 siege. Gifford's admirers no doubt share his skepticism. ……"

Salon (via Drudge Report) 7/25/00 Daryl Lindsey "……..But in his preliminary report, Danforth contested one of the primary arguments of "Waco: Rules of Engagement," which is that federal agents directed gunfire at the Branch Davidian compound. Nothing surprises me. This is what I predicted would be the outcome. As you may know, I refused to talk to them because I had no confidence in what I was hearing. When I was first contacted, my first question to them was, "Can you stop the surveillance and harassment?" Without missing a beat, without so much as a pause, their comeback was, we can't do anything about that. What that tells me is they're really not in charge. Even Danforth says that they had foot-dragging and people in the Department of Justice and FBI lying to them. Everyone wants this to go away, including myself. But the conclusions he's reached are absurd. ......"

Salon (via Drudge Report) 7/25/00 Daryl Lindsey "……..[Gifford WANR] How do you think Danforth reached his conclusions? It would have to be political. There's national security -- a lot of the documents that the government was refusing to turn over, that people were dragging their feet about are claimed to be national security documents. You have to ask yourself what could possibly be national security about Waco. It turns out that classified communication and electronic weapons were being tested on the Davidians. My impression from the questions is that he really didn't have the kind of access or clout to do it. He's going to have to question: Why are aspects of what happened at Waco considered national security? What was going on there? What were these classified weapons? There's a lot of things I don't know if he could get into. I don't know what kind of security clearance he had. I'm taking the position that this was a good faith investigation on his part, but it looks to me as if he's been hornswoggled, and it doesn't surprise me at all…….."

Heads Up #192 7/30/00 Doug Fiedor "……They used high-tech military equipment against American citizens, then lied through their teeth about it at Congressional hearings. They obstructed justice, hid evidence and destroyed the crime scene. Yet, the attackers still maintain, with a straight face no less, that they were not responsible for the resultant deaths. …….Or, as we wrote last September 19 in Issue #152: "That is, within 52 days, this group of people went from living a peaceful existence, off by themselves, to getting shot, gassed and burned to death. And, the cold hard fact that needs great discussion is that they did not go anywhere or bother anyone to have that happen to them. The trouble came to them. The problem came to their home. And, those in charge of starting the trouble killed a lot of people. ……"

The Daily Oklahoman 7/30/00 Paul Greenberg "……THE most impressive and relevant part of the eminent John Danforth's long, detailed and extensive investigation of the Waco massacre is what it didn't investigate. The former senator from Missouri -- and everybody's idea of the gray-haired elder statesman -- didn't comment on the judgment shown by those who OK'd the plans to storm the compound outside Waco. That decision would result not in a rescue, but in an inferno in which 80 people would be sacrificed. ……. Or as John Danforth himself explained, he wasn't asked to investigate the judgment shown at Waco, only the facts on the ground -- and those showed that David Koresh and his followers had started the fatal fires themselves. .........But would they have ignited those fires if Janet Reno, Webb Hubbell and the other masterminds involved in this operation hadn't decided to go macho? No one should absolve David Koresh, the leader of the Branch Davidians, for his role in this massacre, but the law should protect the innocent, not fulfill the violent fantasies of a bloody-minded madman. ……Why didn't the honchos in Washington just wait out these crazies? Or even pull back and maybe save the kids, the way similar sieges are now handled? …..To those questions, John Danforth and his huge staff had no answers. Because those are precisely the questions Washington didn't want him to investigate….. "

Austin Chronicle 7/7/00 Robert Bryce "…….It was likely the biggest tear gas assault ever seen in America. It was undoubtedly the deadliest. It began when it was still dark. Clive Doyle, one of just nine Branch Davidians who made it out of the burning ruins of Mount Carmel, testified last week about sleeping inside the chapel section of the building. "I could hear tanks all night," said Doyle, who woke at about 4am on the morning of April 19, 1993, to study the Bible. …..They said the gas would contaminate our food and clothes and we might as well come out," Doyle said. The first dose of tear gas was shot into Mount Carmel at about 6am by a 60-ton Patton tank fitted with a huge boom and outfitted with spray canisters containing a quart of tear gas each. During that first assault, the tank inserted six canisters -- roughly a gallon and a half -- of the gas…..After the first tank assault came the ferret rounds. FBI agents, riding inside M2 Bradley Fighting Vehicles, began shooting 40mm ferret rounds containing CS tear gas into every available window at Mount Carmel. (CS gas gets its name from the two American scientists who invented it -- B.B. Corson and R.W. Stoughton.) The agents used Army-issue grenade launchers to fire the projectiles, each of which contained 3.7 grams of CS gas dissolved in 33 grams of the solvent methylene chloride. Over the next six hours, the FBI shot about 400 ferret rounds at Mount Carmel. About 375 of them made it inside. The second assault came at 7:30am. More ferret rounds were shot inside the building while the tanks shot in six more canisters filled with tear gas. Doyle recalled the panic inside as men, women, and children tried to find refuge from the gas. "There were no masks for the children," recalled Doyle. ......Another assault came at 9am with the tanks inserting another four bottles of CS. By that time, the levels of tear gas inside the building were reaching extremely high levels. A 1995 report prepared by Failure Analysis Associates for the National Rifle Association estimated that when the third assault ended, CS concentrations inside the building ranged from "30 to 90 times that required to deter trained soldiers." The report also found that levels of methylene chloride, a compound similar to chloroform, were reaching levels nearly two times those considered "immediately dangerous to life and health" -- IDLH, a common measure of toxicity for chemical compounds. .........By the time of the fourth assault at 11:45, when a tank inserted another four canisters of tear gas, the FBI had run out of ferret rounds and began looking for more. According to the Failure Analysis report, in the minutes before the first fire was spotted at Mount Carmel at 12:07pm, CS concentrations ranged from five to 60 times the level needed to deter soldiers. Methylene chloride levels still exceeded IDLH standards. By the time the fire started, the Failure Analysis report estimates that the FBI had inserted about seven gallons of tear gas weighing more than 77 pounds. For comparison, the average canister of Mace, a common brand name for self-defense tear gas, contains about 2.5 ounces of CS. …….."

Austin Chronicle 7/7/00 Robert Bryce "…….But last week, U.S. District Judge Walter Smith prevented any discussion in his courtroom about the dangers of CS. Smith ruled that the FBI's decision to use the gas, and in such a massive amount, was covered by what is called the "discretionary function" exception……"

Austin Chronicle 7/7/00 Robert Bryce "…….On Jan. 13, 1993, the United States and dozens of other countries signed the Chemical Weapons Convention, the most far-reaching treaty regarding prohibitions on the use of chemical weapons. The treaty bans the use of nerve agents, mustard gas, and other compounds, including tear gas, during wartime. Three months and six days after the U.S. signed the convention, the FBI used CS on the Branch Davidians. ......"

Foreign Affairs 9-10/96 (volume 75, number 5) Postmodern Terrorism Walter Laqueur "…..Most international and domestic terrorism these days, however, is neither left nor right, but ethnic-separatist in inspiration. Ethnic terrorists have more staying power than ideologically motivated ones, since they draw on a larger reservoir of public support. ...... The greatest change in recent decades is that terrorism is by no means militants' only strategy. The many-branched Muslim Brotherhood, the Palestinian Hamas, the Irish Republican Army (IRA), the Kurdish extremists in Turkey and Iraq, the Tamil Tigers of Sri Lanka, the Basque Homeland and Liberty (ETA) movement in Spain, and many other groups that have sprung up in this century have had political as well as terrorist wings from the beginning. The political arm provides social services and education, runs businesses, and contests elections, while the "military wing" engages in ambushes and assassinations. …….. The motto of Chaos International, one of many journals in this field, is a quotation from Hassan I Sabbah, the master of the Assassins, a medieval sect whose members killed Crusaders and others in a "religious" ecstasy; everything is permitted, the master says. The premodern world and postmodernism meet at this point…… Proliferation of the weapons of mass destruction does not mean that most terrorist groups are likely to use them in the foreseeable future, but some almost certainly will, in spite of all the reasons militating against it. Governments, however ruthless, ambitious, and ideologically extreme, will be reluctant to pass on unconventional weapons to terrorist groups over which they cannot have full control; the governments may be tempted to use such arms themselves in a first strike, but it is more probable that they would employ them in blackmail than in actual warfare. Individuals and small groups, however, will not be bound by the constraints that hold back even the most reckless government. ............"

WASHINGTON TIMES 7/27/00 Jerry Seper "…..Special counsel John C. Danforth yesterday said it was "puzzling" that FBI officials withheld information from the Justice Department concerning its use of pyrotechnics during the 1993 siege of the Branch Davidian compound in Texas since none of the information showed any criminal misconduct. But the former three-term Republican senator from Missouri told a Senate Judiciary subcommittee his investigation would continue to determine why the information was not turned over, saying the failure to do so was "disastrous" and had "shaken" the public's confidence in its government……… He said that lack of confidence had resulted in his appointment and in an investigation that cost taxpayers - so far - $12 million……."

HOUSTON CHRONICLE 7/26/00 "……President Clinton told investigators in April he made "a terrible mistake" in yielding to Justice Department pleas to storm the Branch Davidian compound at Waco seven years ago and feels personally responsible for the tragedy. "I gave in to the people at the Justice Department who were pleading to go in early, and I felt personally responsible for what happened and I still do," the president said. "I made a terrible mistake." ……..Clinton's comments are contained in a transcript of his interview by federal investigators probing campaign fund-raising controversies. It was made public this week. …….In the interview, Clinton explained that his memory of a visit to the White House on April 13, 1993, by Indonesian political supporter James Riady is blurred and incomplete because the events at Waco were unfolding at the same time. …."Once this Waco thing happened I was totally preoccupied with it, because I felt responsible for it," the president said. ……"

HOUSTON CHRONICLE 7/26/00 "……The jury acted only as an adviser to U.S. District Judge Walter Smith. In a two-page ruling issued Tuesday, Smith said he would not require a court-appointed expert to travel from England to testify on whether FBI agents shot at the Davidian compound as it burned. Smith said David Oxlee of Vector Data Systems would not have to make the trans-Atlantic trip because Michael Caddell of Houston, lead attorney for the surviving Davidians and family members, said he would not participate in the hearing. ……Oxlee concluded government agents did not fire on the compound. ….."

Drudge Report 7/21/00 Reuters "…… Former Sen. John Danforth said in a report that David Koresh, leader of the group, and several others were entirely responsible. "The tragedy at Waco rests with certain Branch Davidians and their leader David Koresh who shot and killed four (government) agents, wounded 20 others, shot at FBI agents trying to insert tear gas into the complex, burned down the complex, and shot at least 20 of their own people, including five children," Danforth's report said. ……"

TBO.com 7/22/00 Connie Farrow "…… "There are no doubts in my mind," Special Counsel John Danforth said Friday. "This is not a close call." Danforth concluded with "100 percent certainty" that federal agents did not start the fire or shoot at cult members during the 1993 inferno. The government also did not improperly use the military and did not engage in a major cover-up, Danforth said. While the 152-page preliminary report marked the second time in a week that federal agents were exonerated, Danforth said he was still investigating the decision of an unnamed FBI agent and lawyers to deny for six years that three pyrotechnic tear gas canisters were used on the final day of the 51-day standoff. …….."

 

Salon 8/4/00 Daryl Lindsey "…….[Sage] I’ve seen it.[WANR] After the allegations [against the government agencies] surfaced in September I had an opportunity to watch it. And it's a very convincing, very professionally produced film. I use the term "film" advisedly instead of documentary, because I do not think it is accurate. I think that it jumps to conclusions based upon their analysis of what they believe. They present it as absolute fact. And the problem with that is that the American public does not have the access, without really putting a great deal of effort into it, to get to information, the raw data. They would have to go to several different sources, congressional records, the court in the western district of Texas, review virtually thousands and thousands of documents. So their other option is to go down to your local video rental and rent a film such as "The Rules of Engagement." ……. The producers of that film and other films like it have in essence rewritten history inaccurately. The inaccuracies have all along have been pointed out to them by the agencies involved. ……… The filmmakers interviewed you and other federal agents in the making of the project. How do you feel about the way they represented what you told them? …….. I talked to McNulty three different times at the request of the FBI. Every time I answered the questions that he had as honestly, as factually as is humanly possible and when he broke some of these issues I told him that he was in error and that is not what happened. He went on and just discarded that as if he had taken judicial notice that an FBI agent was going to lie to him. ……. The point here is that the American public has now been conditioned (and I am hoping that we can reverse this) to start from a position of believing that anything that the government tells them -- and I hate to use that term in such a broad sweeping fashion, and in fact I won't -- anything that the FBI tells them is immediately subject to question. ……."

Salon 8/4/00 Daryl Lindsey "…….The people making these films, the people that are beating their chests and claiming to be super-patriots were not there. They don't know what happened and they have assumed a position of: Don't bother me with the facts, I've got my conclusions. That is not the way to thoroughly, adequately and appropriately review and analyze what happened at Waco. ………"

Salon 8/4/00 Daryl Lindsey "…….I am speaking to you as a private citizen. I'm no longer with the FBI. I am going to make this personal, because I have been accused by several people. Individuals and groups whose conspiracy theories are fueled by some of the misleading information that is out there have virtually accused myself and other people of being liars, of being murderers, of being any number of, you can just attach the most severe allegations you can imagine to this. And this has come in the form of letters and e-mails and comments to the media and so forth. ……. I spent 28 and a half years in the FBI. Not one day of that time would I have considered compromising the highest level of professionalism and that standard, that commitment to absolute integrity is common throughout the agency. That is the main reason that I stayed with the FBI for so long. For him to claim that the FBI is involved in some grand surveillance and an effort to get him because he has pointed an accusatory finger at the FBI is, I am confident, baseless. It borders on paranoia. It feeds the type of mentality that he is trying to peddle his information to and it is absolutely not true. ………. And frankly, I don't know that this individual would be worth that type of expenditure, of manpower and resources. To be absolutely candid, I don't know this gentleman, I've never met him, but I think his concerns are without reason. What I can tell you is that I have worked cases where we have extended surveillances on major subjects, terrorism matters, bank robbers, you name it. And I don't think that a filmmaker rises to that level of importance with anyone other than maybe himself. ……."

Salon 8/4/00 Daryl Lindsey "…….Another reason that Gifford says people should be skeptical of the investigation is that Danforth left out a lot of government documents for reasons of national security. I am aware of the fact that there were sensitive national security issues involved in that some of the equipment that was brought to bear, listening equipment and so forth, is protected and classified in nature. But the flip side of it is that you don't give all of your techniques and capabilities a public airing. That does not mean that they should not be reviewed within the appropriate scrutiny of clearances. Gifford insists that classified communication systems and electronic weapons were being tested on the Davidians and that the judge had to leave out material because he didn't have the security clearance to review it. There was no super-secret weapons testing or anything like that directed at the Davidians. That's absolutely garbage. ……"

Ian Goddard <igoddard@erols.com> 8/8/00 "…..About the apparent statements of "good shot" after an apparent gunshot on a videotape made at a SWAT-team sniper nest at Waco, at least 90% of the feedback I've had in person and over the Internet agrees that what you hear is "good shot" stated twice after the apparent gunshot on the SWAT-team video. It really does sound (listen: http://users.erols.com/igoddard/goodshot.wav) like that. However, someone with a sophisticated audio program reduced the background noise and increased the voices and then proposed that the voices actually say: "I've been shot ... I've been shot" rather than "good shot ... good shot." If it is "I've been shot," then it seems someone is joking around after the gunshot, which would indicate that the gunshot is from some location other than the one where the cameraman is. ………With this new interpretation in mind I've listened to the original unenhanced clip and I feel it's possible that "I've been shot" is what's said. If it is, then the "I've" part is just barley detectable and the word "been" is the word that mimics "good," which seems odd. Whatever it may prove to be, this right here is real public investigation! We have the evidence, we examine it, and we decide. Unlike the authoritarian variety of top-secret investigation and conclusion-by-decree that the federal government provides to the dissatisfaction of those who are skeptical of authoritarian decrees. ...... The government seems to operate under the assumption that the public has a duty to believe the government. ......,,:

The White House 8/2/00 "….. STATEMENT BY THE PRESS SECRETARY This morning, former Senator John Danforth, the Waco Special Counsel, conducted a telephone interview of President Clinton. The President voluntarily agreed to be interviewed and spoke with Senator Danforth for about 15 minutes. Consistent with past practice, no further statement about the interview will be made. ….."

Ian Goddard 8/4/00 "…….The following webpage contains compelling evidence of gunfire either at or from Mt Carmel during the April 19, 1993 fire, which I've just discovered on a tape known as the "FBI SWAT-team videotape." I've provided a sound file so that you can hear and judge this evidence for yourself. This tape was recorded from sniper nest Sierra 3, about 100 yards from Mt Carmel. First you'll hear the apparent crack of a gunshot followed by one or two people that say "GOOD SHOT" then "GOOD SHOT" again:….. http://users.erols.com/igoddard/goodshot.htm http://users.erols.com/igoddard/goodshot.wav ……… The FBI SWAT-team video was made by an agent who brought his own camcorder to the Waco scene and from sniper nest Sierra 3 he taped the Mount Carmel Center as it burned. As I viewed the full tape a few days ago for the first time, while the fire is seen burning I heard what sounds like the sharp crack of a gunshot followed by one or two people that say "good shot" and then "good shot" again, the second time even louder and clearer than the first……. http://users.erols.com/igoddard/goodshot.htm "

8/6/00 Peter Donhowe "…..In his preliminary report on the events surrounding Waco, Special Counsel John C. Danforth missed an opportunity to note an important reason for the public distrust of government -- the use of military advice and equipment against citizens…….. His report could have observed that when military advice and equipment are mobilized by civil authorities, public distrust can grow because citizens can be transformed into "enemies." But it didn't…….. Instead, his report detailed the military involvement at Waco, but strained to find it all "legal." When three Texas National Guard helicopters, flown by guard personnel, acted as a diversion during the fateful and deadly Feb. 28 raid by military-trained agents from the Treasury's Alcohol, Tobacco and Firearms unit, the Danforth report said it did not violate the Posse Comitatus Act because the federal act does not apply to the state military aid……… Even though the helicopter flights were a direct military participation in a raid by a civilian agency -- a clear violation of the spirit if not the letter of the federal law -- and even though the flights were in direct contravention of National Guard advisories, the report found the action an "inadvertent violation."……"

8/6/00 Peter Donhowe "….. And when U.S. Army Special Forces generals advised Attorney General Janet Reno, the Danforth report said they did not "grade" the FBI's plan at Waco -- which would have been clearly illegal and something the military lawyers had explicitly warned against. Instead, the generals merely recounted how the military would do it, the report said. (One could almost see the report's lawyers wink at this one.) ……… When Reno testified about the generals before Congress (which the report never mentioned), she said, "Their comments were instructive."…….. There was a "drug nexus" at Waco, too. It was pretty flimsy, but, according to the Danforth report, the ATF request was enough to get the U.S. military to form a special team, to give the ATF military training, equipment and support for the Feb. 28 raid……. A precipitating event related to the Feb. 28 ATF raid was a surveillance flight that allegedly discovered a "hot spot" indicating a methamphetamine lab. No evidence of such a lab was found in the ashes of the complex. But not to worry. The Danforth report says "the vast majority of military support provided at Waco was not premised on any alleged drug nexus." That aid included two tanks, a transport aircraft, helicopters, ammunition, surveillance "robots," classified television jamming equipment, gas masks, night-vision goggles, concertina wire, tents, cots, generators and medical supplies -- not to mention 10 Bradley vehicles, five Combat Engineering Vehicles and other military supplies provided by the Texas Guard……..Peter Donhowe, Champaign, Ill., is editor of TV and Politics WATCH, a monthly newsletter……."

InsideTheWeb 8/2/00 Mike McNulty plus addendum by Sharlene Shappart "……..A few days ago the first words I heard fall from former Senator Jack Danforth's lips about his Waco investigation were, "We are 100% certain about our conclusions." Having spent countless, frustrating hours over the last seven years trying to find anything approaching 100% certainty on any of the issues surrounding the Waco tragedy - I'm afraid the good Senators words rang rather hollow. Perhaps 100% empty. …….. I perceived and dug into Danforth's report of conclusions on the Waco affair. There was precious little in the way of evidence, just a tremendous amount of material where Danforth says, in effect, "I'm Jack Danforth, trust me, the Davidians killed themselves , started the fire and shot their children to death... the government didn't have anything to do with this." Well, OK, but Jack where is the evidence that you said you had? Why are you going to share that information after the elections? Why not now? Why are there so many factual errors in your report like the number of times you say I visited the evidence lockers in Austin with the Texas Rangers? Jack, it was only 4 times , not six. …"

InsideTheWeb 8/2/00 Mike McNulty plus addendum by Sharlene Shappart "……..But more important, why did you say that there was no evidence of blast injury to the persons found in the "bunker"? The autopsies spell out the fact that the babies and some of the young women in the food storage locker died of blunt force trauma, the concrete from the hole in the ceiling tore their bodies apart. Jack have you looked at the pictures of the children's remains and the video tape of their removal? Their was a device on the roof of the bunker. It did detonate. It was not just a Davidian home made , black powder , fragmentation grenade exploding on a weakened concrete ceiling. It was a high explosive charge that blew a 20 inch hole thru about eight inches of still viable , steel re-enforced concrete. The detonation can be seen on the TV footage and then, after the high explosive detonation one can see the ignition of the air and propane mixture, already in the atmosphere. Please note that the area of the concrete storage room that received the hole in it was exposed to the heat of the fire for mere minutes before the explosion detonated on the roof. It was simply not enough time to sufficiently weaken the concrete to allow the omni-directional force of a weak, homemade fragmentation grenade to create the kind of over-pressure in the room that is seen in the photos made by the FBI in the aftermath of the fire. Jack, that's only one of many points that you are not 100% accurate on.

nsideTheWeb 8/2/00 Mike McNulty plus addendum by Sharlene Shappart "……..Another appears to be the issue of the alleged FBI gun fire on April the 19th. It appears that your folks failed to read the depositions of your experts in the Davidian trial. They seem to have over looked the fact that your experts were cut to pieces by Mike Caddell, the Davidians attorney in the civil case. Any one not carrying the weighty mantel of total arrogance that you seem to bare, and who read those depositions could not come away with a feeling of 100% of anything but doubt. ......... "

InsideTheWeb 8/2/00 Mike McNulty plus addendum by Sharlene Shappart "……..From: WacoTragedyNews@aol.com To: undisclosed-recipients: …….. I sat in that courtroom and watched Judge Smith practically pass out from boredom on more than one occasion that I noted in my record keeping. …..I realized very quickly that he didn't NEED to pay attention, his verdict was made up in his mind and has been since 1993. ……The fix was already in, and those people didn't have a chance. ………. I also want to inform people of the restrictions the Davidian lawyers had to face with this kangaroo court of mock justice. I was informed there were exactly 100 things their lawyers were forbidden by Judge Smith to discuss. Way more than the press is reporting to us. (Gee, that's surprising). ……….I also watched someone sabotaging the proceedings... and that was Caddell. Each step of the way he was sending the Davidians to slaughter. He had one main objective and that was to recover his money off this thing, and get only help for children below the age of 5. So he continually demonized the Davidians and people too long dead to defend themselves. ......... ~Sharlene Shappart~ "

7am News 8/12/00 USA News "….. A Texas judge hearing a Branch Davidian wrongful death lawsuit has changed his mind and will order a court-appointed expert to provide testimony as to whether FBI agents shot into the Waco compound the day it caught fire. Last month a jury said it had determined that the federal government was not responsible for the deaths of 80 Davidian men, women and children, who died in the fire after the April 19, 1993 raid on their compound. ……. However, on Friday Judge Walter Smith said he will order the testimony after barring from the trial a study of infrared images taken by an FBI surveillance camera the day the 51-day standoff ended. Smith has yet to make a final ruling in the case. Smith said he wanted expert David Oxlee to review the findings of the surveillance tape before admitting it into court. …… Plaintiff's co-council Ramsey Clark is now scheduled to question Oxlee at the hearing, Smith said Friday….."

CNN Chatroom transcripts 8/2/00 "……http://www.cnn.com/chat/transcripts/2000/8/2/thibodeau/index.html CNN- Chatroom Transcripts David Thibodeau on events at Waco and the official findings August 2, 2000 ……… Chat Moderator: Do you accept any part of the conclusions of the official investigation?
David Thibodeau: Only the parts that talk about the FBI and the Justice Department's attorneys lying to Congress. Yeah, that I accept. There are certain parts that I accept on the other side, but it has definitely not been fair or balanced. My belief is that former Senator Danforth was put in charge of the independent investigation, for a reason, to do a very specific job that the attorney general wanted done. ……… And I believe he fulfilled that, by justifying the government's actions and drawing the conclusions that this administration simply had to have drawn. I would like to point out that in the recent civil trails of Waco our attorneys had six days to put on their case. The government attorneys had 11 days, and federal judge Walter Smith allowed none of our experts to testify for the jury. I remember sitting in the courtroom stunned at the lack of justice that I was witnessing in this so-called free land. …….

Question from WacoTragedyNews: David, even though they have essentially cleared the government of any wrongdoing, is it not true that some of the pyrotechnic devices that were found had debris imbedded in them? Wouldn't this mean they had indeed passed through the structure of your home?
David Thibodeau: In the new film that's been released, "Waco: a New Revelation" -- that was made by the same investigator that did, "Waco: The Rules Of Engagement"-- there are pictures of those pyrotechnic devices that were found, and they actually show the debris that was taken out of them. And it is debris that's consistent with the structure of the building, indicating that a couple of 40-millimeter pyrotechnic devices did actually pass through the building. ……..

Chat Moderator: Do you have any final thoughts for our audience?
David Thibodeau: My final thought is this: Being an objective person who has tried to keep an open mind to all issues, I do believe mistakes were made on both sides. ……. However, I believe that the aggression of our federal government and their capacity towards violence has been turned around, to make some of the best people, most trustworthy people and humble people that I have ever known, into being demons. This is wrong. ......And I think, as time goes by, in light of the Danforth committee's results, and in light of the trials in Waco, Texas, that this is not going to go away. If the government truly wants this issue to go away, then they need to level with the American people. I am convinced they will never do that. ......And it's that kind of arrogance that's going to cause greater problems in the future. And that is a shame on our nation. That is a shame on our constitution. And I hope that in the future, we learn from this lesson to not be so judgmental and, especially, to question everything that the government tells you is a fact. ……"

Capitol Hill Blue 9/9/00 Lee Hancock Dallas Morning News "…….Special counsel John C. Danforth met privately Friday with U.S. District Judge Walter S. Smith Jr., trying to repair a rift created when the special counsel's investigators recently threatened to indict a former federal prosecutor who turned whistle-blower in the Branch Davidian case. …….. But the former Missouri senator said before meeting with Judge Smith that he was not prepared to discuss what action, if any, his office might take against the longtime Waco federal prosecutor, Bill Johnston. …….. Judge Smith angrily confronted several of Danforth's investigators last month over the special counsel's treatment of Johnston, telling them that he was ending his court's cooperation with the inquiry because of what appeared to be a witch hunt against a respected federal prosecutor. The judge also told Danforth's investigators that they were no longer welcome to carry firearms in the courthouse and would be given only the same access to the building offered to the public. The special counsel's investigators left their courthouse offices that day and largely stayed away until Friday, when Danforth arrived from St. Louis. …… Before entering the judge's chambers Friday, Danforth acknowledged that he requested a meeting with Judge Smith, in part, to air concerns about that incident. …. He emerged tightlipped after about an hour in the judge's office, refusing to say whether he had briefed the judge or listened to his concerns about reports from Johnston and his attorneys that say the special counsel's assistants were threatening him with felony criminal prosecution. ……. Danforth also would not say whether the hour-long discussion had repaired the strained relationship between his office and Judge Smith, who has heard all litigation arising from the 1993 standoff. "Can't say. I can't say anything," he said. …….."

Capitol Hill Blue 9/9/00 Lee Hancock Dallas Morning News "…….Johnston has declined to speak publicly about the case. …. His attorney, Michael Kennedy of New York, could not be reached for comment. But he acknowledged last week that Danforth's investigators told him that Johnston would soon be indicted on charges of obstruction of justice, lying to federal investigators and perjury. Late Friday, supporters of the 41-year-old former prosecutor said that they believe his indictment is imminent and the special prosecutor's visit amounted to a courtesy call before criminal charges are made public. "It appears they are determined," said one person familiar with the case who asked not to be identified. "They have made it clear." …. Associates said Johnston acknowledged that he removed several pages before sending one pretrial notebook to superiors in San Antonio because one page included a reference to incendiary objects. They said Johnston did not recall why he wrote the phrase in the fall of 1993, but feared that hostile colleagues might try to use the notes to discredit him. Friends said Johnston surrendered the missing pages and volunteered his personal records from his tenure as a Waco federal prosecutor. They said he told Danforth's investigators that he had not disclosed the notes sooner because he had been harshly treated and accused of wrongdoing from his earliest dealings with them. …….. They said Johnston recounted being told that he could avoid prosecution by accepting a felony conviction that would mean the loss of his law license. He recalled being told he would have to provide information to help the special counsel's office prove that his co-counsel in the Davidian prosecution, assistant U.S. attorneys Ray and LeRoy Jahn of San Antonio, had conspired to conceal information about the use of pyrotechnic gas. ……."

Private email 9/4/00 "…..I am the person who told Ian Goddard that I believe that the interpretation of 'Goodshot.wav' should be "I been shot, I've been shot"………. With this new interpretation in mind I've listened to the original unenhanced clip and I feel it's possible that "I've been shot" is what's said. If it is, then the "I've" part is just barley detectable and the word "been" is the word that mimics "good," which seems odd. …….. I disagree with Ian's interpretation that it was someone 'joking around,' the voice sounds serious. There were no moans, but again there were no further sounds from that voice again either. I proposed to Ian that I believe that the person who claimed to have been shot, could well have been an "Agent" inside Mt. Carmel, I do not know why Ian seems to think that if it was someone on the inside of the house they had to be a Davidian. I guess my theory doesn't fit in with his………. There was a report of a body which was removed by the Feds on the day of the fire and spirited away from the scene, this was apparently seen by a Texas Ranger. Also seen being spirited away was something which could have been the missing front door. I believe that there were Agents or military officers inside the building both before and during the Fire, and that one of them may have been killed. Of course they are not going to own up to that in a hurry……."

Intelligence Report Spring 2000 "…….Intelligence Report: How did the initial Bureau of Alcohol, Tobacco and Firearms [ATF ] raid plan develop?
Johnston: I don't know about all the decisions. The raid [on February 28, 1993] was a project that ATF out of Houston pretty much gained control over. Initially the ATF supervisors said they were going to arrest Koresh when he was away from the compound. Then they changed the plan from an arrest to a raid [on the compound]. I think part of that change was justified in that it appeared Koresh was not leaving the compound very often. But apparently he did leave some. …….. One difficulty was that the directives that the ATF agents started with were not the directives they ended up with. They were asked to do things they had not been prepared for -- like infiltrate the group -- and were not told ahead of time by management what to expect. First they had a surveillance function [ATF agents watched the compound for weeks from a nearby rented house], and I think they did a pretty good job. But their role morphed as the weeks went by. The changes were particularly difficult for Robert Rodriguez [an ATF undercover agent who infiltrated the group shortly before the raid], who was put in a tough situation and performed very well. The undercover agents were strained by the different functions they were asked to perform. ……"

Intelligence Report Spring 2000 "…….IR: There have been allegations that the operation went forward despite the loss of surprise because the ATF wanted a splashy raid to enhance their budget prospects. Do you think ATF supervisors had some kind of hidden agenda? ……… Johnston: I've heard a lot of talk about the agenda part but I don't think there was some grand government conspiracy. It was probably just a matter of whether or not these supervisors were tactically qualified to handle this sort of thing. Once it had gone bad, there was a real need for honesty. And that, unfortunately, did not come from some quarters. The ones who suffered were the 75-80 line agents who were tormented and butchered out there. That was a real tragedy. …….."

Intelligence Report Spring 2000 "…….IR: In your opinion, was there a later cover-up of how the raid went down? …….. Johnston: I really detest this whole idea of a cover-up. Two folks were sent down from the Department of Justice [DOJ] public integrity section to look into this, and they spoke with me and the Rangers. But we never heard back from them. It wasn't that they said, "No, we aren't going to do it." They just vanished, like they were beamed up somewhere. So we never heard back from the Justice Department regarding the decision not to prosecute the supervisors. Not only were the ATF supervisors not indicted or charged; not only were they not prosecuted; in the end [after being suspended from active duty while their actions were under investigation], they were reinstated within the ATF. ………. What troubles me so much is that this is exactly the sort of government behavior that leads people who dislike the government to take action. It really worries me because I think if the government had just held those guys accountable in some fashion, by firing or prosecuting them, then people who don't care for the government would have said, "Well, at least the system works." ……….. I know there was a lot going on in 1993 when all this was happening, but we really needed some accountability. Ultimately, the system does work. But it didn't then. I think the mistakes and lack of accountability and the lack of openness with records exacerbated and really inflamed antigovernment thought among those who believed the government was behind some grand conspiracy. Combine those things and you get a response like Timothy McVeigh. ……."

Intelligence Report Spring 2000 "…….IR: What happened to you as a result of raising questions about Waco? …….. Johnston: I just continued to do my job, but it seemed that to some within Justice, I was like an intellectual leper. They just weren't sure what to do with me. So they didn't help me prepare for a rather unprecedented call to testify before Congress in 1995. U.S. attorneys are not supposed to testify in front of Congress on their cases. There's a protocol that strongly discourages that. And yet I was called upon to testify. I would have thought that someone in Justice would have drilled me or prepared me in some fashion. They didn't at all. They didn't want to get too close. It made it very difficult. I had no idea what Congress suspected, what they'd been told, what memos they had. This is all part of the fallout from the first letter to Janet Reno. ……. It was subtle. No one tried to come after me or completely ostracize me. But by the end, I wasn't included in staff meetings in San Antonio. I literally was not called and told about meetings. I knew there would be some consequence from speaking out and I handled it. That was the practical effect of taking these positions and probably to be expected within an organization like the DOJ. ……."

Intelligence Report Spring 2000 "…….Johnston: I felt that I was being sent a message: "You better look out if you raise this too strongly because you have a problem in this." I still feel that way. In very late July [1999], I was working with the Rangers on the evidence that McNulty found. As they looked at it, every week they reached a more defined conclusion. They faxed the information to me regarding the pyrotechnic nature and military specifications and I faxed it on to my U.S. attorney. I kept him up to date on the Rangers' conclusions week after week. And week after week, the Justice Department kept telling the press that the pyrotechnic stuff was nonsense. I wanted to make sure the attorney general knew someone was not telling her the truth. …….. Several government offices had received this same 1993 fax and knew about it. They'd already had the information for a month, and they kept denying it. Why didn't they admit this? It made me feel like they were hiding information, and they were trying to suppress me with it. I was not going to be suppressed. ……….. As time went on it became more apparent that they were not going to deal with it. They had plenty of opportunities. I faxed them the figures and diagrams of the rounds that the Rangers gave me. This was around August 5, after the Rangers had consulted military experts and declared absolutely that it was a pyrotechnic M651 tear gas round. It can explode if misfired and has a burning time of 20-30 seconds. …….. I felt like, "I cannot believe they are still denying this." I just wasn't going to be a party to it. I was going to make an outcry and I did by the letter. ......"

8/28/00 Ian Goddard "……On August 4th I posted an audio file from a videotape made by a member of the FBI SWAT team at a sniper nest outside Mount Carmel in Waco on the day that Mt Carmel burned down (http://www.erols.com/igoddard/goodshot.htm)…….. After I posted that audio I contacted Mark Swett. [1] Swett is one of the people who transcribed audio tapes from bugs planted inside Mt Carmel. His transcriptions suggest that the Davidians started the fire. About the "good shot" audio track, Mark reported the following: ………. "I picked up five shots. The beginning of the audio has what may be a shot that I include in the five - most in the distance, but one towards the end is closer to the video mic. The dialogue sounds like 'good shot' followed by 'good try.'" ……. The straightforward interpretation of men near the camera saying "Good shot ... Good try" is basically the same as their saying "Good shot? ... A good shot!" with the exception that in the first case the shot was a miss. Both interpretations suggest a scene where men are shooting at targets and commenting on the accuracy of the shots. About another audio clip from the same SWAT-team tape, [2] Mark Swett offered this analysis: ……… "I picked up six shots. The dialogue sounds like 'Bullseye' twice followed by 'ha-ha-ha.' The last portion is heard as 'good hit.'" …….."

FoxNews 8/26/00 AP "…….The judge who presided over the Branch Davidians' wrongful death lawsuit against the government has ordered that new evidence in the case be turned over to his court. The evidence was not identified in U.S. District Judge Walter S. Smith's order on Friday. The judge said the U.S. Attorney's office in Waco found relevant evidence and may be reluctant to turn it over. ......... The judge still has to make a final ruling in the case. …….."

Associated Press 9/14/00 David Lieb "……Attorneys for Tyson Foods executive Archie Schaffer III have submitted nearly 100 letters to a federal judge requesting leniency in Schaffer's sentence for trying to illegally influence the agriculture secretary. ...... The letters of support for Schaffer cross all political and social lines, coming from Arkansas' governor and past and present Congress members, judges, co-workers, university professors, a federal agent, a former professional baseball player, family members and other friends. ……. Among the letters on Schaffer's behalf is one from Bill Buford, the agent in charge of the Little Rock office of the federal Bureau of Alcohol, Tobacco and Firearms. He trumpeted Schaffer's involvement in charitable causes. ......"

Post-Dispatch 9/12/00 Terry Ganey "…… The federal judge who presided over the Branch Davidians' wrongful death trial this summer called one Davidian witness "a crazy, murdering son-of-a-bitch" during a discussion with lawyers, according to a motion filed Tuesday. …….. The Davidians' attorney, Mike Caddell, cited the alleged statement by U.S. District Judge Walter Smith Jr. as a sign that Smith was biased against the Davidians and should be recused from further considering the case. ….. Caddell's motion seeks to move the case from Smith's court in Waco, Texas, to another federal court. ……. Caddell's motion said Smith issued rulings and made statements during the trial that clearly demonstrated he favored the government. …….. The remark that Caddell attributed to Smith referred to Livingston Fagan, a Davidian convicted of voluntary manslaughter and weapons charges. When Caddell attempted to introduce a statement from Fagan, Smith called Caddell and government lawyers to the bench. ......... Government lawyers wanted to use a statement from Fagan, too, and his testimony was entered. Caddell also said that during a trial recess, Smith had patted a government lawyer on the back, shook his hand and congratulated him on his cross-examination of another Davidian witness. ……… Caddell said Smith improperly prevented the introduction of evidence and testimony that could have helped the Davidians' case. He said the judge admitted that he had not read some evidence introduced by the Davidians. The judge limited the time the Davidians' lawyers had to present their arguments and prevented them from pointing out to the jury at the trial's close that government lawyers had failed to produce the testimony of two key government agents as they had promised, Caddell said. A previous attempt to recuse Smith was unsuccessful. ……"

Dallas Morning News 9/13/00 "…… Waco special counsel John C. Danforth won't confirm that a key whistleblower in the cover-up of the Branch Davidian siege is being targeted for prosecution. But the former U.S. senator from Missouri came to Waco Friday to try to resolve a rift with a federal judge, who is incensed over a possible indictment of former Assistant U.S. Attorney Bill Johnston. ……. Any information withheld in the pursuit of truth about the Branch Davidian siege is worthy of investigation. But U.S. District Judge Walter Smith, who presided over the wrongful death trial stemming from the 1993 siege, said it would be wrong to single out Mr. Johnston, when so many others were deceptive. Judge Smith reportedly informed Mr. Danforth that his investigators no longer would receive special access to the federal building in Waco or be permitted to carry guns in his courtroom. Mr. Danforth's visit may have been little more than a courtesy call, but he would be wise to heed the judge's warnings. With overwhelming evidence the Justice Department lied about the Branch Davidian raid, there could be a public backlash if the only major figure prosecuted is the whistleblower. If Mr. Danforth presses for an indictment of Mr. Johnston, he also should pursue other cover-up efforts and wrongdoing. ……..The Waco special counsel cleared Attorney General Reno of improprieties in the raid, but did not absolve the Justice Department. His report cited numerous instances of nondisclosure and resistance to the examination of government actions in Waco. There also is strong evidence that federal law officers lied to a congressional committee that investigated the raid in the mid-1990s. ……."

National Review 9/7/00 Dave Kopel and Paul H. Blackman "…….Last September, there were hints that the Waco cover-up might end. In response to the FBI admission it had previously lied about using incendiary devices before the final conflagration, the Justice Department's primary opponent of independent investigations, Janet Reno, was promising one on Waco. ……… Danforth was a brilliant choice by Reno. A moderate Republican, he had a well-established reputation in Washington for honesty. This was the main fact that the press noticed. But there were two other significant facts about Danforth. As a senator, he had a compiled a generally pro-gun voting record. But on leaving the Senate, he gave a speech expressing his regret about all those votes, and his caving in to special interests. The Waco investigation offered Danforth a perfect opportunity for personal expiation for having been too pro-Second Amendment in Congress. ……. Second, Reno told Danforth that his second-in-command should be Edward Dowd, the United States Attorney for eastern Missouri. Unlike Danforth, Dowd has never pretended to be anything other than a fervent anti-gun advocate. During the Spring 1999 Missouri election campaign on a referendum to establish a licensing system for carrying handguns for legal protection, Dowd used the financial resources of his U.S. Attorney's office to fight the referendum - establishing a toll-free number for referendum opponents. ……. The day after the Reno Justice Department cleared Dowd of criminal charges stemming from his use of federal resources for a political campaign, the Reno Justice Department appointed Dowd to investigate the Reno Justice Department's handling of Waco. One hand whitewashes the other. ……. As second-in-command, Dowd could reasonably be expected to exercise plenty of control over the mode and type of information that was presented to Danforth - who was five years into retirement, and who had not practiced law for a quarter of a century. Danforth decided that his inquiry would be limited solely to the final day of the fifty-one day Waco siege. He also decided that limited inquiry would ignore any issues as to whether the FBI or others in the government had exercised bad judgment. ……….. Instead, the Danforth tunnel-vision inquiry contented itself with finding that some of Koresh's lieutenants had started the fire, and that therefore the FBI was entirely blameless for everything that happened on April 19, 1993. ……. The only real target of Danforth's pique is the former assistant U.S. attorney whose whistleblowing forced the government to produce its latest cover-up report. It had certainly never occurred to us that Bill Johnston would turn out to be one of the good guys. His prosecution of the surviving Davidians included a panegyric in praise of the use of CS against the children. But Johnston had consistently shown some interest in preserving evidence-as when he complained during the siege that FBI tanks were destroying evidence as they crushed everything in site outside the Branch Davidian's building. ……… It is an effective warning to every federal employee that the only federal employee who faces any prosecution because of Waco is the man who blew the whistle on the cover-up. ……"

Freeper Ol’Dan Tucker 10/7/00 "…….According to the MSDS's I've seen for methylene chloride, this is incorrect. Inhalation of methylene chloride mimicks carbon monoxide poisoning. When exposed to fire, methylene chloride generates hydrogen chloride and phosgene, not cyanide……… From: "Working Safely with Methylene Chloride": ……"What are the fire and explosion dangers associated with methylene chloride?" ……. "Methylene chloride is essentially non-flammable under most conditions of use. However, it becomes flammable at 102 deg C. During a fire, irritating/toxic hydrogen chloride and phosgene gases may be generated."

From: "Public Health Statement Methylene chloride"……. "How can methylene chloride affect my health?"…… "High levels of DCM in air (above about 500 ppm) can irritate the eyes, nose, and throat. If DCM gets on the skin, it usually evaporates quickly and causes only mild irritation. However, DCM can be trapped against the skin by gloves, shoes, or clothes and can cause a burn. If DCM gets into the eyes, it may cause a severe (but temporary) eye irritation……….. Methylene chloride can affect the central nervous system (brain and spinal cord). If DCM is breathed at levels above about 500 ppm (500 parts DCM per 1 million parts air), it may cause effects much like those produced by alcohol, including sluggishness, irritability, lightheadedness, nausea, and headaches. Some effects have been observed at concentrations as low as 300 ppm. These symptoms usually disappear quite rapidly after exposure ends………..Some of the effects to the nervous system caused by DCM may be because of the breakdown of DCM in the body to carbon monoxide (CO). Carbon monoxide interferes with the blood's ability to carry oxygen (O2) to the tissues and causes symptoms similar to the narcotic effects previously described. Since smoking increases the amount of CO in the blood, smokers may experience effects to the nervous system at lower levels of DCM exposure than do nonsmokers……….."

"Is there a medical test to determine if I have been exposed to methylene chloride?"………. "Several methods exist for determining whether a person has recently been exposed to DCM. Methylene chloride can be measured in the breath to determine recent exposure; the amount of chemical detected will reflect the amount inhaled. The urine can also be analyzed by monitoring for DCM itself or for some intermediate products (such as formic acid) that are produced as DCM breaks down in the body. Blood can be analyzed to determine possible DCM exposure by monitoring blood levels of carboxyhemoglobin (CO-Hb). Carbon monoxide formed in the blood through the breakdown of DCM readily binds with hemoglobin to form CO-Hb. Thus, excessive levels of CO-Hb in the blood can be an indication of exposure to high concentrations of DCM. (CO-Hb levels may increase as a result of exposure to other chemicals, therefore, this test is not substance-specific.) Although exposure to DCM can be monitored through these sources, measurements determined have not provided definitive quantitative information."….."

Freeper Ol’Dan Tucker 10/7/00 "…….I personally take what Clive Doyle and the other "survivors" say with a grain of salt because of contradictions between the physical evidence and their statements. For example, according to the records that detail the body recovery inside the pantry, there were no gas masks found on or near any of the bodies. Nor were there any buckets that were supposedly used to moisten the "blankets" used to shield the children………… From the quotes contained in different articles, it's clear that the methylene chloride/CS solution was used on April 19 from 6am onward. Since neither Jimmy Riddle or Phillip Henry had any amounts of carbon monoxide in their blood and the cause of death for both was determined to be from gunshot wounds, then it's a very likely that both were already dead when the gassing began at 6AM on April 19. The only question now is, for how long? …….It really makes me wonder why none of the "survivors" mentioned their bodies laying in the kitchen area or how the bodies got there in the first place?……"

10/5/00 Freeper Ol’ Dan Tucker "……. As I wrote previously, the varying stages of decomposition indicates that these people were killed in the days leading up to April 19, but I don't think that they all were. When the chemical used as the carrier (methyl chloride?) for the CS particles is breathed, it mimicks carbon monoxide poisoning. Similarly, when CS particles are burned they produce cynanide gas. Which isn't to say that this is the cause of the toxicology results found in the reports, only that this may be an indicator of whom was still alive on the last day. The ultimate determining factor is the state of decomposition. If the amount of decomposition disagrees with the toxicology report, then it raises the possibility that the toxic substances were introduced into the body prior to the time that the CS particles were injected into the building. Meaning that the person was probably killed prior to April 19 and the carbon monoxide and cynanide were introduced to intentionally skew the forensic results………. In the case of McBean, there wasn't too much decomposition, but his limbs (specifically the right arm) appear to have been mechanically amputated prior to the fire and his head was never recovered. Many of the victims whose deaths were attributed to asphyxiation also had their heads missing. This in and of itself is a disturbing pattern. ……"

10/5/00 Freeper Ol’ Dan Tucker "……. Similary, Boorst was shot twice. Once in the back and what looks like another time in the head, yet her blood carbon monoxide levels were found to be at 37%. Peerwani's team determined the cause of death to be the gunshot wound to the back. A disturbing trend among the gunshot wound victims was that not a single projectile associated with the cause of death was recovered from any of the bodies. Neither was the knife that was used to kill Dayland Lord Little. (Mt. Carmel Doe 33) ……… The mass of bodies you describe were not only burned, but also severely decomposed. So much so, that their internal organs were almost completely liquified. Yet there were other bodies inside the room that exhibited only moderate decomposition. …….."

10/5/00 Freeper Ol’ Dan Tucker "…….There is another possibility to consider here. We know that the feds drove the tank(s) into the front of the building and sprayed the CS directly into the area where the pantry was located several times over the course of about two hours, so the toxicology results we're seeing may be as a result of this direct application of the CS to the decomposing bodies. ……. We know that there was at least one person whom was already dead when the tank(s) drove into this area of the building. This would be Jimmy Riddle. His cause of death was determined to be from gunshot wounds. He received multiple wounds about the head and upper body. In WANR, McNulty & Co. tried to imply that he was shot with a machinegun while outside, behind the building by a gunman aboard a Huey, but this wasn't where his body was recovered. ……. The official charts show that his body was recovered from the area directly in front of the pantry/kitchen area. In WANR, his sister, Rita Riddle had the mutilation re-examined and the coroner determined that the mutilation was the result of his body having been run over by a tank. With the place where his body was recovered and the known fact that the tank(s) entered this part of the building to spray CS into the kitchen/pantry area, it's reasonable to assume that this was the same tank(s) that mutilated his body. Which means that he was shot before the time when the tank(s) starting entering the building. Unfortunately, his autopsy report isn't publicly available. It would be interesting to find out what his toxicology study showed and how decomposed his body was. ……"

Freeper Ian Goddard 10/5/00 "……. Waco: A New Revelation (WANR) also claims that an alleged machinegun was "being fired into the back of the dinning room" and then WANR claims that "according to the Justice Department report, at least fifteen people were found shot to death at this location." When I asked Mike to tell me exactly what the DoJ report states, he replied: "We are not your reference library." So I went to my reference library and examined the location of every body found as listed in the DoJ report (pages 313 - 328). There wasn't at least 15 bodies found in the dinning room near the exit, it was zero bodies! How does one make that kind of error, confusing 0 with 15? ………… When I posted my findings, McNulty tried to deny that WANR says people were found shot near the rear exit, even though everyone who sees it understands that that is what is said, and his first video, Waco: The Rules of Engagement, even has an arrow that points directly to the dinning room and says there was a huge heap of bodies shot to death near the rear exit. That claim, which is presented as major corroborating evidence, is completely false. ……….. To top it off, the alleged "machinegun" allegedly shooting people as they try to exit is in fact reflections of the infrared energy of the fire reflecting on a surface that is being flapped by the wind, the wind-induced flapping produces the rapid cyclic rate of flashes that resembles a machingun, but is in fact a reflective surface attached to a fallen wall panel (see). ……"

Freeper Ol’Dan Tucker 10/5/00 "…… In response to your question, one does NOT confuse 0 with 15. One misrepresents the number 0 to be the number 15 when one intends to mislead a large number of people via "an attention-getting medium." ……… The same sort of misrepresentation was made in WANR with regards to the locations of Jimmy Riddle's and Phillip Henry's bodies. After I found problems with the "flashes from a Huey" footage, I dug a little deeper and that's when I found the problems with locations of Jimmy Riddle's and Phillip Henry's bodies and then I realized what I was seeing (or wasn't seeing) in photos of the pantry's outer walls. ……."

10/5/00 Freeper Ol’ Dan Tucker "……. I found that the a portion of the toxicology study for Phillip Henry is shown in WANR. And both he and Jimmy Riddle's are also mentioned and both tested negative for carbon monoxide. According to the study shown, Henry had no carbon monoxide in his system. His trachea and bronchial tubes were free of soot. We can't see whether there was any cyanide in his system as the camera cuts this portion off. …….. Since neither had carbon monoxide in their system, it's reasonable to assume that they weren't exposed to either the fire or the methyl chloride carrier of the CS gas. So, each had been shot dead before the methyl chloride was used inside the building, or else their blood would have shown tested positive for carbon monoxide. I need to check to find out what time the methyl chloride was first used that day. ……"

Freeper aristeides 9/27/00 "….. There's an article, "The Latest, Greatest Waco Whitewash," by James Bovard in the new (October 2000) American Spectator which asks a question which I had not had the wit to think up: how could there have been no sign of gunfire on the FLIR tape when the FBI was claiming all along that the Davidians had been firing at the tanks throughout the morning of the final assault? …."

Waco Tribune Herald 9/21/00 Tommy Witherspoon "……David Koresh is responsible for the 1993 Branch Davidian debacle and no sect survivors or their families are entitled to recover damages from the government, a federal judge in Waco ruled Wednesday. ……. Smith determined in his ruling that the Branch Davidians initiated the gun battle with agents from the Bureau of Alcohol, Tobacco and Firearms who had come to arrest Koresh for weapons violations. The judge ruled that no agents fired indiscriminately or without provocation and said they acted in self-defense or in defense of other agents. "The ATF agents were prevented from serving the lawfully issued arrest and search warrants by the Davidians' superior fire power and defensive position," Smith wrote. ………. The ATF was justified in using a "dynamic raid and entry" to try to serve the warrants, and the plaintiffs are barred from recovering damages on claims of excessive force because the government has sovereign immunity from those who would second-guess such discretionary decisions, Smith ruled. ……… "At least 21 of the plaintiffs died of wounds that apparently were either self-inflicted or inflicted by other Davidians; 20 Davidians died of gunshot wounds and one child died of a stab wound to the chest," the ruling states. "The FBI did not prevent nor hinder any plaintiff from leaving the building. To the contrary, The FBI repeatedly asked the Davidians to leave the building, warned them that tear gas would be inserted, opened up egress routes, and cleared material that was blocking the front door." ……."

WorldNetDaily.com 9/23/00 "......The government standoff at the Branch Davidians' compound in Waco, Texas, and the tragic conflagration that ultimately resulted continue to generate heated controversy after seven years. A wrongful-death lawsuit brought by the surviving Davidians was decided in favor of the government last July, with the judge handing down his final ruling on Wednesday. Retired Air Force Brig. Gen. Benton K. Partin has studied the event extensively, especially the government film that some believe proves agents fired into the compound the day of the fire. In this interview, Partin discusses the reenactment film produced for the lawsuit and talks about how he believes its results could easily have been skewed. ......Q: So, again, you are pointing to a deliberate manipulation of the backdrop to create desired results. ........ A: Right. They wanted to create an environment -- they did create an environment in this case -- to give you maximum contrast. Across the street, they wanted to show that what was seen in those films that were taken on the day of the incident was caused by sunlight reflecting off of water and glass shards and other things that would have been reflective around the Waco compound. They wanted to show the sun being reflected. So here's what they did across the street. Remember, I said the whole area had been cultivated. Across the street in the target area where they had these little sections blocked off with yellow police tape, they wet the whole area down. It was wet. You could see the feet of the people walking around. The bottom of their shoes were caked with that old Texas, black, chewing-gum mud. And the tops of the tape were put down after it was wet down because there was nothing splashed on top of the tape. You could see some of the surface of the soil there had sort of puddled. So, the pictures were clear enough, and detailed enough, to show that it had been wet down. ........ Wetting down the soil would have tremendously cooled it and kept it cool, even with the sunlight on it, because you would have had evaporative cooling and transpirational cooling and it would have been much cooler. Secondly, it was on the down-slope, so from sunrise to about 11 a.m., you would have had less cumulative heat from the sun on the target side than you did on the shooters side. Third, in some of the pictures out there, you could see they had some of these very large, blue tarpaulins. And I just suspected -- they're going to cover it up with that. In the pictures, you saw those blue tarpaulins out there piled over to the side. If you look at the infrared pictures, you can see the corners and the patterns of those tarpaulins over the target area. So, apparently, when the morning sun came up, they covered the target area with those tarpaulins, because you can see the IR pattern of the tarpaulins over the target area. ......."

Reuters 9/22/00 "……Lawyers for Branch Davidians suing the U.S. government said Friday they will appeal a judge's verdict that cleared federal agents in the deaths of some 80 Branch Davidians in the 1993 Waco siege and fire. "We don't feel we got a fair trial," Ramsey Clark, a former U.S. attorney general who was one of three lawyers representing a group of about 100 Branch Davidian survivors and relatives of those killed, told Reuters. ……. "It was clear soon after the trial commenced that Judge Smith had made up his mind, and he could have written his opinion then," Caddell said in a statement. …… Clark said the judge's ruling ignored all the evidence the plaintiffs had presented in 3-1/2 weeks of trial and had been hostile toward the Branch Davidians from the start. "It (the final verdict) reveals a continuum of hostility toward the individuals and parties in this case," Clark told Reuters. …… Clark also accused the judge of stripping the case of civil rights and constitutional issues raised by the plaintiffs when he ruled last year that the trial would be limited to questions of whether federal agents were negligent or contributed to the confrontation. ……."

UPI Wire 9/21/00 "……. Only hours after U.S. District Judge Walter S. Smith ruled the plaintiffs had no claim against the government in his final ruling in the case, Houston attorney Michael Caddell issued another statement critical of the Waco judge he had earlier urged to step down from the case. "It was clear soon after the trial commenced that Judge Smith had made up his mind, and he could have written his opinion then," he said. "Apparently, we did not understand that T-shirts, cookies, and after-court drinks and socializing were part of the presentation we were supposed to be making in Waco." …….. Caddell has claimed some of the government lawyers gave presents to the judge's staff after the trial ended in July 14. The judge said government attorneys gave T-shirts and cookies to U.S. marshals and to members of the court clerk's office, but they are not members of his staff. …… "The appearance of bias and prejudice on the part of Judge Smith is profound. It is unfortunate that this case was not tried before an impartial fact-finder," he said. "The American people deserved a process and tribunal that were above reproach. Unfortunately, that did not occur." ………"

Dallas Morning News 9/21/00 Lee Hancock "……In a 22-page judgment finalizing an advisory jury's recommendation, U.S. District Judge Walter S. Smith Jr. ruled that surviving sect members and their families who had sought $675 million in damages would "take nothing" from the federal agencies involved in the deadly standoff near Waco. …….. The judge wrote that Mr. Caddell had attempted "for the past year ... to try their case in the media through the use of innuendo, distortions and outright falsehoods, rather than honestly presenting the true facts of the case." ……. The judge concluded that the plaintiffs failed to prove their most controversial claim: that blips of light recorded by an airborne FBI infrared camera just before the fire were heat flashes from government guns firing into the compound. "Mere speculation does not constitute proof," he wrote. "The FBI acted with restraint on April 19, 1993, despite the deadly gunfire directed at them during the tear gas operation. The FBI did not return fire." …….. Judge Smith also rejected the argument that FBI agents had failed to protect the lives of more than 17 children and other innocents who died inside the compound. "Because the fire was started by certain Davidians, the United States owed no duty to protect the remaining Davidians from the fire," Judge Smith wrote. "Despite this, a number of FBI agents risked their lives to assist Davidians from the burning compound in an attempt to save the children." ……. He added that the agents' rescue efforts were the "most telling evidence" to debunk persistent conspiracy theories that the government intentionally set the compound fire or tried to cut off escape routes with gunfire. ……"

Dallas Morning News 9/21/00 Lee Hancock "……Mr. Caddell fired an opening salvo last week with a lengthy and caustic motion charging that the judge had denied his clients a fair trial. Asking Judge Smith to recuse himself and declare a mistrial, the motion alleged that the judge's behavior, comments and rulings displayed "profound and deep-seated prejudice" against the sect members and their families. He also condemned the judge's move to impanel an advisory jury to help him decide the case, contending it was a ruse to provide the judge with cover for a controversial decision. ……. Judge Smith began his Wednesday ruling by castigating Mr. Caddell's recusal motion as legally and factually baseless. He told the Houston lawyer that such an unfounded and "reckless" public attack on a judge could constitute a violation of the Texas Bar Association's disciplinary rules. …… Although he acknowledged remarking during one bench conference that he considered sect member Livingstone Fagan "a lying, murdering son of a bitch," the judge wrote that the comment was a joking and "off-the-record" response to a joking comment. …… He said that the Branch Davidians' actions were the sole cause of their injuries and precluded any claims of government negligence. "The law requires each person to act reasonably. The standard is what a reasonable person would do, not what a reasonable Davidian would do. As a matter of law, there was nothing reasonable about the adult Davidians' behavior from Feb. 28, 1993, through April 19, 1993." ……"

Reuters 9/20/00 Marcus Kabel "……A federal judge on Wednesday cleared the government in the deaths of some 80 Branch Davidians in the 1993 Waco siege and fire, issuing a final verdict dismissing a lawsuit brought by survivors and relatives of the dead. ……. U.S. District Judge Walter Smith upheld the July findings of an advisory jury that federal agents were not responsible for a 51-day armed standoff at the Davidian compound in central Texas or for a blaze that consumed the building after an FBI (news - web sites) tank and tear-gas assault. …….. ``The entire tragedy at Mount Carmel can be laid at the feet of this one individual,'' Smith said about Koresh, who died during the FBI siege on April 19, 1993. ``The adult Davidians kept the children in the compound after starting the fire rather than sending them to safety,'' he said. …… The judge dismissed a motion by Davidian lawyers to force him to recuse himself from the case and called their allegations that he was biased ``either false or made with reckless disregard as to their truth or falsity.'' ...... Judge Smith's ruling can be appealed. Davidian lawyers were not immediately available to comment. ……."

Reuters 9/20/00 Marcus Kabel "……Specifically, the judge found that:
-- ATF agents fired on the compound in reasonable self-defense after coming under heavy gunfire from Davidians when they raided the place to arrest Koresh on weapons charges.
--- The FBI acted with restraint on April 19 when it used tanks to pour tear gas into the compound and did not block any exits.
-- ``During the course of the day, certain Davidians prevented others from leaving the compound ... At least 21 of the Plaintiffs died of wounds that apparently were either self-inflicted or inflicted by other Davidians.''
-- The FBI did not violate orders from Attorney General Janet Reno when it kept local firefighters away from the burning building because gunfire from the Davidians would endanger firefighters' lives;
-- The FBI did not fire at Davidians trying to flee the building, as survivors have claimed. ….
-- Finally, the FBI did fire three potentially flammable military tear gas rounds, but they struck a concrete bunker and did not cause the fires. ….."

Waco Tribune-Herald 9/20/00 Tommy Witherspoon "….. The public animosity between Branch Davidian attorney Mike Caddell and U.S. District Judge Walter S. Smith Jr. continued Tuesday, with Caddell charging that the judge "ambushed" the plaintiffs' case and asking him to reopen the trial. Caddell's motion comes less than a week after he asked the judge to recuse himself from the case, declare a mistrial and transfer the case to another judge. Caddell alleged in his motion last week that Smith repeatedly showed bias against the plaintiffs throughout the trial of the Branch Davidians' wrongful-death lawsuit against the government. …….. The day before the trial ended, Caddell alleged Smith tried to engineer a government victory through his jury instructions. The judge angrily denied Caddell's claims the next morning before jury summations. ……. In his latest motion, Caddell alleges Smith's instructions to the five-member advisory jury "made a mockery" of the government's agreement not to assert that the Davidians were "contributorily negligent" in their own deaths by not leaving Mount Carmel during the 51-day standoff in 1993. …….The judge has not issued his final judgment in the multimillion dollar lawsuit and has not responded to Caddell's motion to step down from the case. …….. Caddell said he wants to reopen the trial so he can call Branch Davidians to testify that government tactics during the siege, such as cutting off the electricity, shining spotlights into the compound, and playing Tibetan chants and the sounds of rabbits being slaughtered, contributed to an atmosphere of distrust that drove the Davidians to stay inside the compound. That testimony was not elicited during trial because of the government's stipulation to drop its claim that the Davidians were negligent by not coming out during the standoff. ……Caddell claims the judge's instructions to the jury about how the Davidians forcefully resisted the execution of the search and arrest warrants on Feb. 28, 1993, and continued to do so through the April 19, 1993, fire at Mount Carmel "placed the plaintiffs in an impossible, no-win position." ……. Smith's "second ambush" of the plaintiffs, according to Caddell's motion, came when he granted a government motion during trial to keep Caddell and other plaintiffs' attorneys from commenting on the fact that the government didn't call top FBI field commanders Jeff Jamar and Richard Rogers as witnesses. ……."

Waco Tribune Herald 9/21/00 Tommy Witherspoon "……. David Koresh is responsible for the 1993 Branch Davidian debacle and no sect survivors or their families are entitled to recover damages from the government, a federal judge in Waco ruled Wednesday. "The entire tragedy at Mount Carmel can be laid at the feet of this one individual," U.S. District Judge Walter S. Smith Jr. wrote in a 23-page order that included his final judgment in the case and what are known as "findings of fact and conclusions of law." ……. Smith determined in his ruling that the Branch Davidians initiated the gun battle with agents from the Bureau of Alcohol, Tobacco and Firearms who had come to arrest Koresh for weapons violations. The judge ruled that no agents fired indiscriminately or without provocation and said they acted in self-defense or in defense of other agents. "The ATF agents were prevented from serving the lawfully issued arrest and search warrants by the Davidians' superior fire power and defensive position," Smith wrote. ……… Relating to the events on the day of the fire, Smith noted that the Davidians shot at agents while the FBI was injecting tear gas and failed to leave Mount Carmel as instructed. ……. "At least 21 of the plaintiffs died of wounds that apparently were either self-inflicted or inflicted by other Davidians; 20 Davidians died of gunshot wounds and one child died of a stab wound to the chest," the ruling states. "The FBI did not prevent nor hinder any plaintiff from leaving the building. To the contrary, The FBI repeatedly asked the Davidians to leave the building, warned them that tear gas would be inserted, opened up egress routes, and cleared material that was blocking the front door." ……."

Waco Tribune Herald 9/21/00 Tommy Witherspoon "…….Caddell claimed in his recusal motion that Smith displayed bias against the plaintiffs throughout the trial and orchestrated the proceeding to ensure a government victory. "This motion is a further example of this attorney's abuse of the judicial process," Smith said of Caddell. The judge said that the attorneys representing the plaintiffs "have attempted to try their case in the media through the use of innuendo, distortions, and outright falsehoods, rather than honestly presenting the true facts of the case." …….. Although Smith said it should not be necessary, he reminded Caddell in his order of a lawyer's responsibilities under the Texas Disciplinary Rules of Professional Conduct, including an edict that lawyers make no statements that they know to be false concerning the integrity of a judge. "Many of the allegations contained in plaintiffs' motion are either false or made with reckless disregard as to their truth or falsity," Smith wrote. …….. Caddell alleged that members of the government's trial team gave presents to the judge's staff after the trial. Smith said that while government attorneys gave T-shirts and cookies to U.S. marshals and to members of the court clerk's office, none of those are members of his staff. Caddell also alleged that Smith referred to Branch Davidian Livingstone Fagan as a "crazy, murdering son of a bitch" during the trial. ……. "That statement was off the record in response to another lawyer's humorous suggestion, and was not in any way intended to be taken seriously," Smith said. "The court regrets the slight to Mr. Fagan's mother, should he have one." ….."

Dallas Morning News 11/14/00 AP "......A former government prosecutor pleaded not guilty Monday to charges of obstructing the investigation into the 1993 siege at the Branch Davidian compound in Waco. Former assistant U.S. Attorney Bill Johnston was charged with two counts of obstruction of justice and three counts of lying to investigators and a federal grand jury. The indictment was returned last week as Waco special counsel John C. Danforth released his final report absolving the government of wrongdoing in the siege. The case was filed in St. Louis because Mr. Danforth, a former U.S. senator from Missouri, based his investigation out of his law office there. ...... At the hearing Monday, U.S. Magistrate Judge Mary Ann Medler set a trial date of Jan. 2. Mr. Johnston is free on personal recognizance bond. He was present at the arraignment but did not speak other than to acknowledge that he understood the terms of the bond. ......Attorney Michael Kennedy has acknowledged that Mr. Johnston made mistakes in his dealings with the special counsel. But he called the charges baseless and unfair. ...."

UPI 11/8/00 "......Special Counsel John C. Danforth Wednesday announced the indictment of a former assistant U.S. attorney for allegedly hampering his investigation into the government's conduct in the 1993 Branch Davidian standoff near Waco....... William Johnston, who resigned in January as a federal prosecutor in Waco, was charged in a five-count indictment returned Wednesday by a federal grand jury in St. Louis. He was charged with obstructing the investigation and making false statements to investigators.......... Danforth said some members of the Justice Department team that prosecuted Davidians in a 1994 criminal case knew about the pyrotechnic rounds and wrongly chose not to disclose the information to defense lawyers, Congress, and others in the Justice Department....... Johnston was one of those federal prosecutors and was investigated because his notes on a 1994 pre-trial meeting, in which the use of pyrotechnic tear gas grenades was discussed, were found to be missing. He later denied knowledge of the meeting, according to the Waco Tribune-Herald......."

PRNewswire 11/8/00 ".....Special Counsel John C. Danforth today delivered to Deputy Attorney General Eric Holder his Final Report Concerning the 1993 Confrontation at the Mt. Carmel Complex, Waco, Texas. This Report unequivocally reaffirms the conclusions contained in the Special Counsel's Interim Report of July 21, 2000. Specifically:

(1) Government agents did not start the fire at Waco;

(2) Government agents did not shoot at the Branch Davidians on April 19, 1993;

(3) Government agents did not improperly use the United States military;

(4) Government agents did not engage in a massive conspiracy and cover-up. There is no evidence of any wrongdoing on the part of Attorney General Reno, the present and former Director of the FBI, other high officials of the United States, or the individual members of the FBI Hostage Rescue Team who fired three pyrotechnic tear gas rounds on April 19, 1993.

(5) Responsibility for the tragedy at Waco rests with certain of the Branch Davidians and their leader, David Koresh, who shot and killed four ATF agents, wounded twenty others, shot at FBI agents trying to insert tear gas into the complex, burned down the complex, and shot at least twenty of their own people, including five children.

These conclusions are based on a review of some 2.3 million pages of documents, interviews of over 1000 witnesses, and examination of thousands of pounds of physical evidence. They are supported by the findings of numerous experts retained by the Office of Special Counsel to assist in its investigation. The expert reports are attached as appendices to the Special Counsel's Final Report.

The Final Report contains new conclusions as to whether government employees covered up evidence of the Hostage Rescue Team's firing of three pyrotechnic tear gas rounds four hours before the outbreak of the fire. After completing its investigation, the Office of Special Counsel has again ruled out the existence of a widespread conspiracy to cover up the use of the pyrotechnic tear gas rounds. In many cases, government agents did not disclose this information because they legitimately did not know that any pyrotechnic tear gas rounds were used. In some cases, the failure to disclose the information was due to negligence rather than "bad acts."

Significantly, however, the Office of Special Counsel concluded that certain members of the Department of Justice's trial team that prosecuted the Branch Davidians knew about the pyrotechnic tear gas rounds in 1993 and wrongly chose not to disclose this information to defense attorneys for the Davidians, to Congress, and to others within the Department of Justice. Danforth's Final Report is sharply critical of several of these individuals for obstructing his investigation by misleading investigators and attempting to cast blame on others in order to conceal their own role in this matter. The Final Report is also critical of the two FBI agents who were in charge of the evidence collection at the Branch Davidian complex.

Closely related to these conclusions, a federal grand jury sitting in St. Louis today returned an indictment against former Assistant United States Attorney William Johnston, one member of the trial team that prosecuted the Davidians. The five-count indictment charges that Johnston obstructed Danforth's investigation and made false statements to Danforth's investigators.

The charges set forth in an indictment are merely accusations and each defendant is presumed innocent until and unless proven guilty.

Because of the pending indictment, the Office of Special Counsel has redacted some portions of its Report as required by (1) the Federal Rules of Criminal Procedure; (2) the Department of Justice's guidelines regarding the treatment of individuals under indictment; and (3) the need to protect law enforcement sensitive information. At such time as these redactions are no longer necessary, the Department of Justice will make available an unredacted version of the Report. ......"

Waco Herald Tribune 10/28/00 Tommy Witherspoon "..... Three Waco men who testified before Special Counsel John Danforth's federal grand jury in St. Louis this week said they feel retaliated against for their support of former assistant U.S. attorney Bill Johnston. ....... Waco businessman Carey Hobbs and former Waco city manager David Smith have raised about $30,000 to help Johnston defray his legal expenses and said Jim Martin, an attorney on Danforth's staff, asked them about the fund-raising efforts in front of the grand jury. ........ "I felt like he wanted to throw a bomb in the middle of Bill's friends and watch everybody scatter, but it had the opposite effect on me because I am mad. I was not intimidated, I was mad, and I let the grand jury know about it," David Smith said. "But I had a good sense when I left. I think the grand jury seemed to respond and I'm glad I had an opportunity to talk directly to the grand jury and tell them how I feel about Bill. It had the opposite effect, I think, of what they wanted it to have." ........ Waco attorney Rod Goble, who also is a close friend of Johnston's, said he was asked about a newspaper article in which he was quoted as wondering what Danforth's staff was "smoking" to make them pursue felony criminal charges against Johnston. "It is eye-opening to me to see what a tremendous abuse of power there was up there," Goble said. "I wonder if in other cases where there is a special prosecutor if they were on as much of a witch hunt as they are on this one. I felt I was subpoenaed solely because I made that comment about what they were smoking and I still haven't figured it out yet. ... It is an embarrassment to the legal profession." ........

Waco Herald Tribune 10/28/00 Tommy Witherspoon "..... Deputy U.S. marshals Mike and Parnell McNamara of Waco, who also are close to Johnston, also testified before the grand jury Thursday in St. Louis. Parnell McNamara said that he and his brother have been forbidden to comment on their grand jury testimonies by their superiors. ......Sharon Barker, an administrative assistant in the Waco U.S. attorney's office, and John Phinizy, a federal prosecutor who formerly worked in Waco, also testified before the grand jury. ........ Hobbs, owner of Hobbs Bonded Fibers, said he fielded a number of calls Friday from supporters who had heard that he had been subpoenaed in Johnston's case and who wanted to donate to the legal defense fund. ........ "The overall deal that they can and would subpoena some of us whose only connection is our vocal support of Bill is extremely scary," Hobbs said. "The mere fact that the federal government can use this power to come after you if you are vocal in support of one of their adversaries is chilling. If they wanted to know something, they could have called us and asked us. I would have told them the same thing. Obviously, we didn't have anything to hide." ...........

Waco Herald Tribune 10/28/00 Tommy Witherspoon "..... Goble, David Smith and Hobbs all said they felt their grand jury appearances were in retaliation for their support of Johnston. However, each said he thinks it might have been good for Johnston's cause since grand jurors seemed interested in listening to their views about the case and their feelings for Johnston. ........ "

Dallas Morning News 10/19/00 Lee Hancock Michelle Mittelstadt "....... A Congressional report released Thursday alleges that President Clinton and Attorney General Janet Reno misled the public for years with claims that U.S. military experts endorsed the "flawed" FBI tear gas attack that ended the Branch Davidian siege. .......... The 99-page report also vigorously criticizes that Justice Department's response in the aftermath of the tragedy, contending that all of the agency's actions "were consistent with an organization that was not eager to learn the full truth about what happened on April 19, 1993." .........The report issued by the committee's Republican majority includes accounts from an Army general and colonel of how they refused Ms. Reno's request to evaluate an FBI plan to assault the Davidian compound when FBI officials were seeking her approval for the tear-gas operation carried out on April 19, 1993. The two special forces officers said they told Ms. Reno that federal limits on involvement by U.S. military in domestic law enforcement actions prohibited them from offering any critique or suggestion about the Waco plan. ..........At one point in discussing the operation plan, then deputy attorney general Webster Hubbell even asked one of the officers "is this legal," the report stated. "The army colonel did not answer when Hubbell looked at him, but stated during his interview with committee staff that his private thought at the time was, 'that's your job; not mine.'" ...... The report adds that both officers told Congressional investigators that they were stunned when they later learned that the tear-gassing plan had been allowed to go forward, but were never contacted by Justice officials assigned to review what happened after the siege. ........."When they left the April 14, 1993, meeting, they were convinced the FBI would never execute the proposed operations plan as it was briefed at the meeting. The Army Colonel stated he believed the Attorney General 'didn't buy the plan being proposed by the FBI.' ...His impression from the meeting was that no one thought it was a smart way to proceed. He went on to state that he was astonished when he saw the fire on TV on April 19, 1993. ........."General (Peter) Schoomacher ... wondered why anyone would make the decision to follow through with the FBI's proposed operations plan as it had been described at the meeting," the report stated. "His thought at the time of the meeting with Attorney General Reno was that [the Hostage Rescue Team] should have put a fence around the compound and waited until the Branch Davidians came out from hunger, but he did not state this thought openly at the meeting." ........Ms. Reno told Congress after the operation ended in tragedy that the military officers she had consulted before approving the plan had concluded it was "excellent," and "sound." President Clinton told reporters immediately after the incident that he was told by Ms. Reno that military officers consulted before the operation "were in basic agreement" with the FBI's operation. ........Committee Democrats contended in their minority response that the officers' statements about their meeting with Ms. Reno had been misinterpreted and that Ms. Reno's account of what happened was supported by three other Justice Department officials. "In short, the majority grossly exaggerates the significance of what is largely a difference in semantics and subjective impressions," the Democrats' response stated. ......."

Dallas Morning News 10/19/00 Lee Hancock Michelle Mittelstadt "........The report also criticizes Justice Department lawyers who prosecuted surviving Davidians after the siege, contending that lead prosecutors Ray and LeRoy Jahn of San Antonio and former prosecutor Bill Johnston of Waco were told in 1993 that the FBI had used pyrotechnic tear gas against the sect. ........Ray Jahn, the lead prosecutor, told Congress in 1995 that only non-pyrotechnic gas was used in Waco, and his wife, LeRoy, signed pleadings during the criminal case that offered similar statements to a federal court and lawyers defending members of the sect. Records made public for the first time last fall included handwritten notes in which Jahn wrote in 1993 describing the FBI's use of military, pyrotechnic rounds. ........ The Congressional report notes that recent government admissions about the use of pyrotechnic gas were due in large part to Mr. Johnston's public criticism of the Justice Department and warnings to Ms. Reno of a possible coverup. But it noted that Mr. Johnston, who resigned his prosecutor's post earlier this year, also withheld notes from the committee that showed he was told in the fall of 1993 that several "incind" or incendiary military gas rounds were fired at a bunker adjacent to the compound. "While Johnston deserves credit for his role in bringing to light the use of pyrotechnic devices on April 19, 1993, a secret that lasted four seven years, his record in this matter is a mixed one," the report stated. "Johnston performed a public service for which he suffered undeserved reprisals from the Department of Justice. On the other hand, Johnston's apparent decision to withhold his handwritten notes ...cannot be overlooked or excused." .........."

Dallas Morning News 10/18/00 Lee Hancock "……… The federal judge who has presided over seven years of litigation arising from the Branch Davidian siege will go to St. Louis this week to appear before a federal grand jury hearing evidence in the ongoing Waco special counsel's investigation. U.S. District Judge Walter S. Smith Jr. volunteered to testify after being served on Oct. 11 with a federal grand jury subpoena by the office of Waco special counsel John C. Danforth, the judge's lawyer said Tuesday. …… But people familiar with the inquiry say the judge is scheduled to appear Friday and will be questioned about former federal prosecutor Bill Johnston. Mr. Johnston, a longtime friend of Judge Smith's who helped prosecute surviving Branch Davidians, gained national attention last summer after complaining publicly that the government withheld evidence from the 1993 siege. …….. Mr. Johnston's supporters say they fear that the special counsel could use the judge's grand jury testimony to limit his effectiveness as a potential defense witness. The judge has told Mr. Danforth that the pursuit of Mr. Johnston is a witch hunt and that he would testify for his friend at trial. ……. Mr. Johnston was questioned intensively about three pages that he took from a notebook before turning it over to his superiors in San Antonio, friends and associates said. Mr. Johnston had been ordered last fall to send all of his Davidian records to the U.S. attorney's office in San Antonio after Judge Smith issued his order for the turnover of all government Davidian evidence to his court. …… Mr. Johnston acknowledged that he removed several pages before sending one notebook to superiors because one of the pages included a specific reference to the FBI's use of a "military incind" â?" or incendiary gas round â?"against a Davidian bunker adjacent to the compound. Friends said Mr. Johnston did not recall writing the phrase and withheld the pages out of fear that hostile colleagues might try to use what he had written to discredit him. ………. Friends said Mr. Johnston surrendered the missing pages to the special counsel's office in July. They said he told Mr. Danforth's investigators that he had not disclosed the notes sooner because he had been accused of wrongdoing from his earliest dealings with the special counsel's office. ………..Susan N. Kelly, a Waco lawyer who went to St. Louis in July to advise Mr. Johnston after he surrendered his notes, said the special counsel's staff threatened to indict him if he received more favorable publicity as a whistle-blower and also declared that his life "was basically over." ............ Judge Smith was so disturbed that he told Mr. Danforth's investigators that he was ending his cooperation with the special counsel's office. He wrote Mr. Danforth to express his dismay, and Mr. Danforth responded with a trip to Waco last month. ...... Officials in Waco said the special counsel spent more than an hour trying to convince Judge Smith that Mr. Johnston deserved to be prosecuted. In turn, the officials said, the judge argued during the meeting that Mr. Johnston had made mistakes, but those mistakes did not rise to the level of criminal acts. ......"