Newsgroups: alt.politics.org.batf From: [w--g--s] at [lonestar.utsa.edu] (William W. Hughes) Subject: Davidian Trial - 9 Jan 94 Date: Tue, 11 Jan 1994 05:09:48 GMT Branch Davidian Trial Update - Sunday, 9 Jan 93 Page 1A Headline - KORESH'S DISCIPLES FACE TRIAL MONDAY Subhead - Increased security in effect as Davidians head for court This article generally discusses the preparations for the trial, and some history of the assault on the Davidian compound. Expectations of "more than 70 news outlets". "'Security will be enhanced, with additional people brought in,' said Jo Simpson of the U. S. Marshals Service." Trial estimated to last 8 - 10 weeks. "The question in court may boil down to one: Who fired the first shot?" "The goal of the initial ATF assault was to arrest Koresh for allegedly violating various gun laws..." [Summariser's note: I thought it was a _search_ warrant, not an _arrest_ warrant?] Defense and prosecution cases have not been released due to a gag order issued last fall by District Judge Walter S. Smith, Jr., of Waco. Anonymous jury (no names, ages, addresses) by order of Judge Smith. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Page 7A Headline - VARIED DEFENDANTS, VARIETY OF CHARGES Lists the defendants and the charges against each. Brad Branch - four counts of conspiring to murder federal officers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers Kevin Whitecliff - four counts of conspiring to murder federal officers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal offi- cers Clive Joseph Doyle - four counts of conspiring to murder federal offi- cers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers Jaime Castillo - four counts of conspiring to murder federal officers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal offi- cers Livingstone Fagan - two counts of conspiring to murder federal officers, two counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal offi- cers Paul Gordon Fatta - one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime, one count of aiding and abetting the murder of federal officers, one count of conspiracy to manufacture and possess unregistered machine guns, and one count of unlawful posession of machine guns Norman Washington Allison (a.k.a. Delroy Nash) - one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime and two counts of aiding and abetting the murder of federal officers Woodrow Kendrick - one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime and two counts of aiding and abetting the murder of federal offi- cers Leonard Craddock - one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime one count of aiding and abetting the murder of federal officers, one count of possessing an unregistered destructive device, and one count of conspiring to possess an unregistered destructive device Renos Avraam - one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime, and one count of aiding and abetting the murder of federal officers Ruth Ottman Riddle - one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime, and one count of aiding and abetting the murder of federal offi- cers Fagan and Avraam are British citizens; Craddock is Australian. While the jury is to decide on guilt, the judge will decide the sen- tences (if any). These can be: Conspiracy to murder - life imprisonment Aiding and abetting the murder of Federal officers - 20 years Possessing a firearm while committing a violent crime - mandatory five years in addition to any other sentence All others - maximum of five years "All the defendants have remained steadfastly loyal to Koresh." The attorneys: Prosecution - W. Ray Jahn, LeRoy Jahn, Bill Johnston, John Lancaster Defense - from Austin - E. G. Morris, Joseph Andrew Turner, Terrence W. Kirk from Corpus Christi - Douglas Tinker from Fort Worth - Jeff Kearney, Chadwick R. Richardson, Tim Evans from Houston - Steven R. Rosen, Don Cogdell, Mike DeGuerin from San Antonio - John F. Carroll from Waco - Richard Fergusen, Stanley Rentz - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Headline - FEDS HAVE PLEA BARGAIN FOR ONE SECT MEMBER IN HAND About the plea bargain offered Davidian member Kathyrn Schroeder. Schroeder pleads guiolty to one count of impeding federal agents with a firearm (possible 10 year sentence) and agrees to testify against the other defendants in exchange for the government dropping all other counts against her, including five counts of conspiracy to commit murder and five counts of aiding and abetting the murder of federal officers. The plea bargain has been signed by Schroeder, her attorney, Scott Peterson of Waco, and Assistant U. S. Attorney W. Ray Jahn. However, it has not yet beed accepted by Judge Smith, and likely will not be until the end of the trial, depending on Schroeder's performance. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sidebar - JUDGE APPROVES USE OF WORD 'CULT' Judge Smith denies a motion filed for defendant Paul Fatta to not use the word 'cult' in describing the Davidians. Defense attorneys are worried that it will prejudice the jury. Another defendant, Woodrow Kendrick, is awaiting a ruling on a motion to dismiss the charges against him. This was requested "after Smith had said that statements he made during a detention hearing in April ['93] were not admissible in court." -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This summary of the Branch Davidian trial is based on articles published in the San Antonio Express-News. The original articles, and any sections quoted herein are copyrighted by the Express-News. The remainder of the summary is copyright 1994 by William W. Hughes. Copying of these sum- maries, either by hardcopy or electronic means, is authorised and en- couraged, as long as this notice remains attached and intact. "I do not work for or represent the San Antonio Express-News" -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -- [w--g--s] at [lonestar.utsa.edu] (William Hughes) | In memory of 85 un-charged, UTSA doesn't agree with me. They're wrong. | un-convicted victims of the U.S. Politicians Prefer Unarmed Peasants | government in Waco, Texas - Politically Incorrect and proud of it! | including over 20 children.