Newsgroups: talk.politics.guns From: [c r philli] at [hound.dazixca.ingr.com] (Ron Phillips) Subject: Randy Weaver Trial - Day33 Date: Wed, 9 Jun 1993 14:44:09 GMT This was posted to the firearms-politics mailing list by Drew Betz. ===================================================================== 6268; Tue, 08 Jun 93 17:00:07 MST Date: Tue, 08 Jun 93 16:56:26 MST From: Idaho_Survivalist <[R P SBETZ] at [idbsu.idbsu.edu]> Subject: Randy Weaver trial update: Day 33. To: [firearms politics] at [cs.cmu.edu] Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel 7. Randy Weaver/Kevin Harris trial update: Day 33. Friday, June 4, 1993 was the thirty-third day of the trial. Synopsis: FBI sniper Lon Horiuchi continued testimony today, focusing on his shooting at Randy Weaver and Kevin Harris. Incredibly, immediately after Horiuchi finished testimony evidence that may have proven useful in cross-examination was finally delivered to the defense. U.S. District Judge Edward Lodge declared he was probably going to sanction the government for yet another delay in providing the defense evidence. FBI sniper Lon Horiuchi continued his testimony today, discussing at length his shooting of the Weavers and Kevin Harris. Randy Weaver sat with his eyes closed as Horiuchi described his aiming at the base of Randy's neck. Horiuchi reiterated that he believed Randy Weaver was going to fire on a government helicopter containing federal agents. Horiuchi thought he'd missed Randy Weaver entirely, but in reality he'd hit Randy in the flesh where his back meets his arm. Defense attorney Gerry Spence cross-examined Horiuchi, "Did you hear Mr. Weaver yell, 'Mama, I've been hit' as he began to run toward the house?" Horiuchi said, "No, sir, I did not." Both the prosecution and defense used the cabin door, actually present in the courtroom, to argue that the sniper could (or could not) have seen Vicki Weaver standing in the doorway. Also entered into evidence today were photographs and autopsies of the three people killed in the Weaver incident. Federal agent William Degan died of a gunshot would to the chest, and Kevin Harris is charged with Degan's murder. Degan's camouflage t- shirt, stained with dried blood, was also entered as evidence. The prosecution then entered photographs and autopsy reports for Vicki Weaver and Samuel Weaver. Neither Randy Weaver nor Kevin Harris would watch at this point: They covered their eyes and were crying. Samuel Weaver died of a gunshot would to the back. The bullet traveled directly through his heart and out his chest. Vicki Weaver was killed when the bullet, fired by Horiuchi, went in her right cheek, severed her carotid artery, and shattered her left jaw. The bullet was then deflected into Kevin Harris, where it hit him in the arm and chest, seriously wounding him. Documents concerning Horiuchi's testimony were discovered immediately after Horiuchi had left the stand. The documents had been requested by the defense over a month ago but were sent, via fourth-class mail, only two weeks ago. U.S. District Judge Edward Lodge excused the jury from the room and then tempers flared. Defense attorney Gerry Spence complained that it was the fault of the U.S. attorney's office. "The FBI sits at their table every day. The FBI provides the exhibits," said Spence. Judge Lodge didn't agree with Spence. Assistant U.S. Attorney Ronald Howen apologized immediately for the delay, "I have asked for an inquiry in my office about what happened. I can give the court no explanation for why these materials were not sent in a more timely fashion." [It was not specified from where the evidence was sent]. Judge Lodge was unimpressed. Referring to the postage choice, he said, "It seems to me totally inexcusable and extremely poor judgment." Acknowledging prior problems with government evidence, Lodge continued, "The court is very upset about these things happening. It does appear it is somewhat a pattern." Lodge then announced that, over the weekend, he will be considering sanctions against the government. He said an outright dismissal was unlikely, but other sanctions, including forcing the federal government to pay defense attorney fees, was possible. The trial is scheduled to resume Monday, June 7, 1993. ===================================================================== -- ************************************************************** * Ron Phillips [c r philli] at [hound.dazixca.ingr.com] * * Senior Customer Engineer * * Intergraph Electronics * * 381 East Evelyn Avenue VOICE: (415) 691-6473 * * Mountain View, CA 94041 FAX: (415) 691-0350 * **************************************************************