Date:         Sun, 20 Jun 93 13:34:17 MST
From: Idaho_Survivalist <[R P SBETZ] at [idbsu.idbsu.edu]>
Subject:      Randy Weaver trial update: Day 43.
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 43.

Friday, June 18, 1993 was the forty-third day of the trial.

Synopsis: Defense attorney Gerry Spence complained about the
extremely tight security surrounding the jury.  The measures were
justified, according to the U.S. Marshal's Service, due to an early
morning incident Friday involving firearms.  The jury is beginning
the fourth day of testimony [third full day].

Two Weaver supporters were approached by U.S. Marshals in the
early morning hours of Friday, June 18, 1993.  David Cooper, 25, of
Las Vegas, Nevada, and John Bangerter, 23, of Hurricane, Utah,
were sleeping in an automobile parked in the lot outside the V.A.
hospital [near the U.S. Federal Courthouse].  The two met up in
Nevada and drove all night to get to Boise.  Said Cooper, "We were
going to sleep in the car at the V.A.  They searched our vehicle,
harassed us, and called the ATF."  Cooper informed the officers that
they would find his gun in the trunk of the car.  Officers in fact found
two registered pistols [where and with whom the weapons were
registered was not mentioned] locked and secured in the trunk of the
car.  Cooper and Bangerter were detained about three hours before the
police released them and returned their pistols [Good thing their
pistols weren't taken in California, or they'd have never gotten them
back].  All in all, Cooper was impressed by the professionalism of
the Boise Police Department, "We told Clinton jokes...Some of them
laughed."  The two men plan on staying in Boise throughout
the jury's deliberation.  Cooper said, "Even if they're free and
acquitted it still ain't a victory because of what happened to Sammy
and Vicki."

U.S. Marshal Mike Johnson declared the incident overblown, "We
didn't even do a report on it.  They [Cooper and Bangerter] were
checked out.  Two guns were found in the trunk of their car.  They
were not confiscated.  My understanding was that they were sleeping
in the car."  Johnson also placed the incident at 11:30 pm Thursday
rather than 2am Friday [the police logs would indicate who was
accurate, but this information is not provided in the _Statesman_].
Johnson denied that this incident led to increased security around the
jury.

Defense attorney Gerry Spence complained that the security
measures, which include blacked out windows, vans to transport the
jury, and armed guards who accompany the jurors at all times, might
be leading to a feeling of paranoia detrimental to the defense.  Said
Spence, "The security is getting so tight and the paranoia so
overwhelming it's hard to breathe.  The problem gets worse when
you realize the Marshal's Service is on trial here."  Spence then
asked U.S. District Judge Edward Lodge to place an impartial
monitor with the sequestered jury to allay concerns about safety.
Judge Lodge dismissed Spence's motion, telling Spence, "I don't
think in 30 years as a judge I have ever had as much help with how
to run a trial, how to run a jury, and how to sequester a jury.  The
objection was not made at the appropriate time."  Assistant U.S.
Attorney Kim Lindquist defended the security measures, saying, "The
integrity of that jury has to be maintained and the U.S. Marshal's
service is the organization trained to do that.  The involvement of the
Marshal's Service is necessary."

In a related story, Kevin Harris's mother and stepfather as well as
Vicki Weaver's mother and father awaited the jury's decision.
Harris's mother, Barbara Pierce, said, "We're very optimistic.
We're just tired of waiting for it to come to and end."  Jeanne
Jordison, Vicki Weaver's mother, said, "There's nothing like losing a
child and a grandchild."  "And so violently," added Barbara Pierce.
The support for the Weaver and Harris families has been coming
from all over the world, according to Barbara Pierce, "[the
supporters] believe there has been an injustice done."  If Weaver and
Harris are found innocent, it will be up to the defense attorneys
whether to sue the government.  Said David Jordison, Vicki Weaver's
father, "The government makes mistakes and sometimes innocent
people get killed.  I think anybody who kills innocent people should
be responsible for their actions."  Barbara Pierce said the whole affair
should serve as a,  "...wake up call.  Just because you're a good,
decent, law-abiding citizen doesn't mean that this can't happen to
you."  The family of federal agent William Degan have declined
comment until the outcome of the trial.

In a second related story, the Boundary County Sheriff's office is
awaiting its own investigation into the Weaver affair.  The office is
looking into possible charges against the federal agents who,
according to defense attorney Gerry Spence, murdered Samuel
Weaver and Vicki Weaver.  Boundary County Sheriff Bruce
Whittaker attended the closing arguments of the Weaver/Harris trial
in Boise.  He was unimpressed with Spence's charge of murder, "My
personal feeling was that their case was pretty weak."  Whittaker
quickly added that he was only a fact-finder, not a final decision-maker
with respect to prosecution.  That job is left to Randall Day,
the Boundary County Prosecutor.  Day said, "We are investigating
the death of Sam Weaver; we are investigating the death of Mrs.
Weaver; we are investigating the death of Marshal William Degan;
and we have been since they occurred.  Our investigation will be
based on facts, not what Mr. Spence says about characterizing Vicki
and Sam's deaths as 'murder,' or the prosecution saying it was
justifiable.  We will draw our own conclusions.  Simply the fact that
Mr. Weaver or Mr. Harris are acquitted doesn't turn anyone into a
murderer.  Neither does a conviction of Mr. Harris or Mr. Weaver in
and of itself justify the deaths of Mrs. Weaver and Sam."
======================================================================

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