Date: Sun, 20 Feb 1994 22:52:20 -0600 (CST) From: "William W. Hughes" <[w--g--s] at [lonestar.utsa.edu]> Subject: Branch Davidian Trial Update - Friday, 18 Feb 94 Branch Davidian Trial Update - Friday, 18 Feb 94 [summary] Page 1A Headline - DAVIDIANS' LAWYERS QUESTION 11 WITNESSES THEN REST CASE Defense attorneys only called 11 witnesses in their presentation, mainly because most of the points they wanted to raise were made by prosecution witnesses during cross-examination. None of the defend- ants took the stand, exercising their constitutional right to the presumption of innocence. In addition, Judge Smith spoke to prosecution and defense attorneys about anti-government literature mailed to several jurors in offi- cial state envelopes. Defense witnesses included Henry Mcmahon, the firearms dealer who called Koresh when ATF agents came to his home to examine his records of dealings with Koresh. McMahon told of Koresh's invita- tion to the ATF to come to the compound, and the agents' refusal. Thursday's testimony started with the continued testimony of attor- ney Jack Zimmerman. [transcribed] "Is self-defense a defense to murder?" asked defense attorney Dan Cogdell, going to the heart of the defense's case. "Absolutely," Zimmerman managed to get out before prosecutors objected to the question and [Judge] Smith sustained the objection. [end transcription] During cross-examination by prosecutors, Zimmerman said that Graeme Craddock told him about "a plan to firebomb a Bradley" as a "last resort" in the event that an armored vehicle was attacking people. Zimmerman emphasized that "firebomb" was his word, not Craddock's. Dorothy June Craddock of Victoria, Australia, who is defendant Graeme Craddock's mother, told about a letter she received from him that indicated that he was considering leaving the Mount Carmel compound. Sandra Sawyer, 40, of Denver, Colorado, testified about injuries she received when a "flash-bang" device was used by police during a raid on a friend's home. the device nearly severed Sawyer's right arm. her testimony was a defense move to counter prosecution claims that "flash-bang" devices only cause temporary discomfort. Rob Milford of Orlando, Florida, said he saw defendant Paul Fatta at a gun show in Austin on Feb. 27 and 28. He said Fatta was sell- ing mostly army-surplus type equipment and a "few" weapons. Prior to any testimony Thursday, Judge Smith called a private meeting with attorneys on both sides. Inspector Mickey Dahl of the Marshal's Service informed Smith that eight jurors (and a prospec- tive juror who was not chosen for the panel) had received anti- government literature mailed directly to them. The names and ad- dresses of jurors are supposed to be confidential. the material included information from the trial itself. Earlier, jurors received a mailing from a group that promoted fully informed juries, but this mailing was apparently a mass-mailing sent to "thousands" of area residents who were eligible for jury duty. U.S. Marshal Bill Jonas said an investigation of this latest mail- ing is underway, and that the FBI will be called in if there is evidence of jury tampering. FBI agent Nancy Wilson replied "no comment" when asked in the FBI was involved in the investigation. ========================= ADMINISTRIVIA ========================= COMMENT I think Dan Cogdell's question, even though overruled, may have planted a seed of doubt in the jury's minds. And Ms. Sawyer's tale of her injuries from a supposedly harmless "flash-bang" device may have cast some doubt on the government's credibility. KNOWN DISTRIBUTIONS USENET: talk.politics.guns, alt.politics.org.batf, alt.conspiracy, alt.politics.usa.misc & alt.politics.libertarian - author USENET: info.firearms.politics/mailing list Firearms Politics ([firearms politics] at [ns1.rutgers.edu]) - author Other networks - BIX: tojerry/inquest - Paul L. Schauble ([p l s] at [shell.portal.com]) FIDONET: DEBATE - Terry Goodman ([terry goodman] at [support.com] / Terry Goodman 1:102/837) FIDONET: CONTROVERSY - Terry Goodman FIDONET: LEGAL (non-backbone) - Lester Garrett (1:125/101) FIDONET: SMOKER (non-backbone) - Bill Bauer (1:147/32) Prodigy: Politics-Other, Subject; A.T.F. Waco - Jim Bell SmartNet: POLIPHIL - Lester Garrett (FIDO 1:125/101) The Patrick Henry League - a gun rights BBS network: - Paul L. Schauble KNOWN ARCHIVES The Powder Keg BBS, 707-427-1310, 14.4, 24H7D, directory WACO (SurvNet/PRNet 176:100/24, sysop Peter Nesbitt) The Soapbox BBS. 919-387-1152, 14.4, 24H7D, file area BATF (FIDO 1:151/142, sysop Stacy Powers [[p--we--s] at [rock.concert.net]]) Full access on first call, supports FREQ, FREQ FILES to get a list of all available files Anonymous ftp teetot.acusd.edu in directory /pub/Beelzebub/Politics/The_Tax_Cops/Waco/Trial service provided by Jerry Stratton ([j--r--y] at [teetot.acusd.edu]) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - INDEX These Updates have been posted in two forms: summaries of Express- News articles and direct transcripts of Express-News articles. This is a short index to all Updates posted to date, including the current issue. Summaries - 09 Jan 94, 10 Jan 94, 11 Jan 94, 12 Jan 94, 13 Jan 94, 14 Jan 94, 15 Jan 94, 17 Jan 94, 19 Jan 94, 20 Jan 94, 25 Jan 94, 26 Jan 94, 27 Jan 94, 28 Jan 94, 31 Jan 94, 06 Feb 94, 08 Feb 94, 09 Feb 94, 10 Feb 94, 11 Feb 94, 12 Feb 94, 13 Feb 94, 15 Feb 94, 16 Feb 94, 17 Feb 94, 18 Feb 94 Transcripts - 21 Jan 94, 22 Jan 94, 23 Jan 94, 29 Jan 94, 01 Feb 94, 02 Feb 94, 03 Feb 94, 04 Feb 94, 05 Feb 94 Copies are available. Send requests by email only to the author. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This Update of the Branch Davidian trial is based on or transcribed from articles published in the San Antonio Express-News. The origi- nal 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 electronic 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. St. Dismas' Infirmary for the Incurably | government in Waco, Texas - Informed [_Synners_, Pat Cadigan] | including over 20 children.