Newsgroups: talk.politics.guns,alt.politics.org.batf,alt.politics.usa.misc From: [w--g--s] at [lonestar.utsa.edu] (William W. Hughes) Subject: Branch Davidian Trial - 25 Jan 94 Date: Tue, 25 Jan 1994 19:35:11 GMT Branch Davidian Trial Update - Tuesday, 25 Jan 94 Page 10A Headline: DEFENSE ATTORNEY TRIES TO STOP IDENTIFICATION IN DAVIDIAN TRIAL Rocket Rosen, representing Livingston Fagan, filed a motion to suppress the testimony of ATF agent Gary Orchowski. Orchowski identified Fagan from a photo lineup provided by the Texas Rangers. Judge Smith has deferred ruling on the motion, after hearing argu- ments out of the jury's presence. Orchowski testified that a black man holding a rifle was shooting at him. On cross-examination, he admitted that the man he saw was wearing goggles and was moving, and that the only description he gave investigators was that the man was black. He said that he realized the man was Fagan after seeing televised and newspaper reports in mid-March, but did not tell anyone until May. When he spoke to Texas Rangers about the raid, he said: "'When I first saw him (the black man), I wasn't sure if he was with the ATF because of the way he was dressed.'" ATF agent Timothy Gaborie, a medic on the raid, testified: "that he told Texas Rangers investigators that, during the gunbattle, he pointed his handgun and weapons of fallen agents at the compound, without 'sighting' any particular target, and emptied several magazines. Gaborie said what he meant by not sighting a target was that he didn't need to -- he could simply point his finger at a target and fire the weapon without looking." He also said that his medical bag was shot out of his hand, but admitted on cross-examination that neither his uniform nor the bag had medical markings. Kenny King, one of the ATF agents on the roof, testified about how he was injured. King was shot "several times" and wounded in arm, chest and buttocks. He then fell off the roof. On cross-examination by Mike DeGeurin, he admitted that he was assigned to break into Koresh's window, throw in a "flash-bang" grenade, enter via the window and serve a search warrant. "King said, under questioning by DeGuerin, that members of his team did not identify themselves or their purpose -- and had not been instructed to." King also testified that several rehearsals for the raid were held at Fort Hood, and that Green Beret personnel served as advisors during those rehearsals. =================================================================== Administrivia COMMENTS This appears, in my opinion, to have been a good day for the de- fense. One ATF agent testifies that he was unable to distinguish between a Branch Davidian and ATF agents, which pretty much puts the lie to claims that the agents' uniforms were clearly marked. Another ATF agent admits to using "spray and pray" firing proce- dures. Not good. The procedures he describes have never been taught in any of the several dozen small arms training classes I have attended, either military or civilian. This agent also admits that his uniform carried no medical mark- ings. Readers are invited to check with their local Army or Marine (Navy) medic and examine the red cross that adorns their uniforms and equipment. Even when done in subdued (camouflage) colors, it is clearly distinguishable, at least at close (less than 50 yards) range. It may be visible farther away than that -- I wear glasses that correct my vision to 20/30. A third ATF agent tells of what are questionable procedures for serving a search warrant, and that U. S. military personnel assist- ed in training for the raid. Hmmm... KNOWN DISTRIBUTIONS USENET: Posted to talk.politics.guns, alt.politics.org.batf, and alt.poli- tics.usa.misc; distribution - "world" Sent to mailing list Firearms Politics (firearms-politics @ns1.rutgers.edu) (gated to moderated newsgroup info.firearms.politics) alt.conspiracy - forwarded by "Searchnet Zec", whoever or whatever that is. FIDONET: DEBATE and CONTROVERSY - forwarded by Terry Goodman ([terry goodman] at [support.com] / 1:102/837) LEGAL (non-backbone) - forwarded by Lester Garrett (1:125/101) SmartNet: POLIPHIL - forwarded by Lester Garrett (FIDO 1:125/101) Please feel free to forward these updates to any other groups, conferences and networks that you feel may be interested. If anybody is archiving these updates, and/or making them available for ftp, gopher, or other access, please let me know and I will include that information in further Administrivia sections. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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 summaries, either by hardcopy or electron- ic means, is authorized and encouraged, 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.