From: [i--s--t] at [delphi.com] Newsgroups: talk.politics.guns Subject: Davidian Jury Instructions 2/7 Date: Tue, 22 Feb 94 01:26:50 -0500 If scientific, technical or other specialized knowledge might assist the jury in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify and state an opinion concerning such matters. Merely because an expert witness has expressed an opinion does not mean, however, that you must accept this opinion. The same as with any other witness, it is up to you to decide whether you believe this testimony and choose to rely upon it. Part of that decision will depend on your judgement about whether the witness' background or training and experience is sufficient for the witness to give the expert opinion that you heard. You must also decide whether the witness' opinions were based on sound reason, judgement, and information. 13 ---- In determining whether any statement, claimed to have been made by a Defendant outside of court and after an alleged crime has been committed, was knowingly and voluntarily made, you should consider the evidence concerning such a statement with caution and great care, and should give such weight to the statement as you feel it deserves under the circumstances. You may consider in that regard such factors as the age, sex, training, education, occupation, and physical and mental condition of the Defendant, his of her treatment while under interrogation, and all the other circumstances in evidence surrounding the making of the statement. Of course, any such statement should not be considered in any way whatsoever as evidence with respect to any other Defendant on trial. 14 ---- In any criminal case the government must prove not only the essential elements of the offense or offenses charged, as hereafter defined, but must also prove, or course, the identity of each Defendant as a perpetrator of the alleged offenses. In evaluating the identification testimony of a witness you should consider all of the factors already mentioned concerning your assessment of the credibility of any witness in general, and should also consider, in particular, whether the witness had an adequate opportunity to observe the person in question, the prevailing conditions at that time in terms of visibility or distance and the like, and whether the witness had known or observed the person at earlier times. You may also consider the circumstances surrounding the identification itself including, for example, the manner in which the Defendant was presented to the witness for identification, and the length of time that elapsed between the incident in question and the next opportunity the witness had to observe the Defendant. If, after examining all the testimony and evidence in the case, you have a reasonable doubt as to the identity of a Defendant as the perpetrator of an offense charged, you must find that Defendant not guilty. 15 ---- Any notes that you have taken during this trial are only aids to your memory. If your memory differs from your notes, you should rely on your memory and not on the notes. The notes are not evidence. If you have not taken notes, you should rely on your independent recollection of the evidence and should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than the recollection or impression of each juror concerning the testimony. 16 ---- Government's Exhibit 2217 has been identified as a typewritten transcript of the oral conversations which can be heard on the tape recording received in evidence as Government's Exhibit 2216. The transcript also purports, in some cases, to identify the speakers engaged in such conversation. I have admitted the transcript for the limited and secondary purpose of aiding you in following the content of the conversation as you listen to the tape recording, and also to aid you in identifying the speakers. However, you are specifically instructed that whether the transcript correctly or incorrectly reflects the content of the conversation or the identity of the speakers is entirely for you to determine based upon your own evaluation of the testimony you have heard concerning the preparation of the transcript, and from your own examination of the transcript in relation to your hearing of the tape recording itself as the primary evidence of its contents; and, if you should determine that the transcript is in any respect incorrect or unreliable, you should disregard it to that extent. 17 ---- COUNT ONE Count One of the Indictment charges that from on or before February 1992, and continuing thereafter up to and including April 19, 1993, in the Western District of Texas, Defendants, Brad Eugene Branch, Kevin A. Whitecliff, Clive J. Doyle, Jaime Castillo, Livingstone Fagan, Paul Gordon Fatta, Woodrow Kendrick, also known as Bob Kendrick, Norman Washington Allison, also known as Delroy Nash, Graeme Leonard Craddock, Renos Avraam and Ruth Ottman Riddle did knowingly, willfully and unlawfully combine, conspire, confederate and agree together and with each other, and with persons known and unknown to the Grand Jury, to kill, with malice aforethought during the performance and on account of the performance of their duties, officers and employees of the Bureau of Alcohol, Tobacco and Firearms (hereinafter "ATF"), United States Department of the Treasury, including but not limited to, ATF Special Agents Seven D. Willis, Robert Williams, Conway C. LeBleu, and Todd W. McKeehan, and Agents of the Federal Bureau of Investigation (hereinafter "FBI"), United States Department of Justice, all agencies of the United States as specified in Title 18, United States Code, Section 1114, all in violation of Title 18, United States Code, Section 1117. 18 ---- MEMBERS OF THE CONSPIRACY With regard to the members of the alleged conspiracy, Count One of the Indictment alleges that at all times pertinent to this indictment, Vernon K. Howell, also known as David Koresh, was a member of and the self-proclaimed prophet of a group of individuals who lived at a location known as Mount Carmel, located near Waco, Texas. Steven Emil Schneider and Douglas Wayne Martin were followers of and advisors to Vernon Howell, also known as David Koresh. The Defendants, Brad Eugene Branch, Kevin A. Whitecliff, Clive J. Doyle, Jaime Castillo, Livingstone Fagan, Paul Gordon Fatta, Woodrow Kendrick, also known as Bob Kendrick, Norman Washington Allison, also known as Delroy Nash, Graeme Leonard Craddock, Renos Avraam, Ruth Ottman Riddle, and others were followers of Vernon K. Howell, also known as David Koresh. 19 ---- SCOPE AND NATURE OF THE CONSPIRACY With regard to the scope and nature of the alleged conspiracy, Count One of the Indictment alleges that it was a part of the conspiracy that Vernon K. Howell, also known as David Koresh, would and did advocate and encourage an armed confrontation, which he described as a "war," between his followers and representatives of the United States government. Vernon K. Howell, also known as David Koresh, originally predicted that this "war" would occur in the Nation of Israel and later changed the location to Mount Carmel, near Waco, Texas. It was a part of the conspiracy that in order to prepare for the "war" with the United States, Vernon K. Howell, also known as David Koresh, would and did establish a unit among his followers which he called the "Mighty Men." Defendants, Brad Eugene Branch, Kevin A. Whitecliff, Clive J. Doyle, Jaime Castillo, Livingstone Fagan, Paul Gordon Fatta, Woodrow Kendrick, also known as Bob Kendrick, Norman Washington Allison, also known as Delroy Nash, Graeme Leonard Craddock, Renos Avraam, and other followers were members of the "Mighty Men." It was a part of the conspiracy that in order to arm his followers for the "war" with the United States, Vernon K. Howell, also known as David Koresh, would and did direct that a business location called "The Mag Bag" be established near Mount Carmel for the purpose, among others, of receiving shipments of paramilitary supplies. The supplies purchased and received at The Mag Bar included: firearms part (including parts for fully automatic AK-47 20 ---- and M-16 rifles); thirty (30) round magazines and one hundred (100) round magazines for M-16 and AK-47 rifles; pouches to carry large ammunition magazines, substantial quantities of ammunition of various sizes (including .50 caliber armor piercing ammunition); grenade launcher parts, flare launchers, K-bar fighting knives, night vision equipment, hand grenade hulls, kevlar helmets, bullet proof vests and other similar equipment. It was a part of the conspiracy that Defendants Brad Eugene Branch and Paul Gordon Fatta would and did make the necessary arrangements to obtain The Mag Bag location, which had a mailing address of Route 7, Box 555, Waco, Texas. It was further a part of the conspiracy that Defendant Paul Gordon Fatta would and did acquire a Texas Sales and Use Tax Permit in the name of "The Mag Bag." It was a part of the conspiracy that Defendants Woodrow Kendrick, also known as Bob Kendrick, and Norman Allison, also known as Delroy Nash, would and did occupy the premises for the purpose (among others) of receiving paramilitary supplies. It was a part of the conspiracy that Defendants Brad Eugene Branch, Jaime Castillo, Paul Gordon Fatta and Woodrow Kendrick, also known as Bob Kendrick, and others would and did acquire and assist in the acquisition of weapons to be used in the "war" with the United States, including .50 caliber semi-automatic rifles. It was a part of the conspiracy that Defendant Paul Gordon Fatta and others, would and did assist in converting legally purchased semi-automatic rifles to fully automatic rifles. It was a part of the conspiracy that inert hand grenade shells would be 21 ---- converted to live hand grenades for the purpose of waging "war" against the United States government. It was a part of the conspiracy that on February 28, 1993. after becoming aware of a planned search of the premises of Mount Carmel by agents of the ATF, Vernon K. Howell, also known as David Koresh, would and did instruct his followers to prepare for the arrival of the federal agents. It was a part of the conspiracy that Brad Eugene Branch, Kevin A. Whitecliff, Clive J. Doyle, Jaime Castillo, Livingstone Fagan, Graeme Leonard Craddock, Renos Avraam, Ruth Ottman Riddle, and others should and did change into camouflage/combat clothing and equipment, gather their pistols and rifles, load magazines, distribute hand grenades, assume ambush positions and engage in other conduct designed to kill and attempt to kill and aid and abet the killing of Agents of the ATF upon their arrival at Mount Carmel. It was a part of the conspiracy that on February 28, 1993, after the ambush of ATF agents at Mount Carmel by their other conspirators, Defendants, Norman Allison, also known as Delroy Nash, and Woodrow Kendrick, also known as Bob Kendrick, and another person would arm themselves at The Mag Bag and endeavor to forcibly enter Mount Carmel to assist the other conspirators. It was a part of the conspiracy that after the initial ambush of the ATF, Defendants, Brad Eugene Branch, Kevin A. Whitecliff, Clive J. Doyle, Jaime Castillo, Livingstone Fagan, Graeme Leonard Craddock, Renos Avraam, Ruth Ottman Riddle, and others would and did forcibly resist and oppose agents of the FBI who were 22 ---- authorized to execute search warrants under the authority of the United States from February 28, 1993, until each of them emerged from Mount Carmel. It was a part of the conspiracy that on April 18, 1993, Vernon K. Howell, also known as David Koresh, and Steven Schneider would and did finalize a plan to burn Mount Carmel in the event an effort was made to finally end the siege by the FBI. The plan was communicated to other residents of Mount Carmel. It was a part of the conspiracy that on April 19, 1993, some of the conspirators would and did fire upon tanks and other vehicles manned by FBI agents in an attempt to drive them back from Mount Carmel. It was a part of the conspiracy that on April 19, 1993, Vernon K. Howell, also known as David Koresh, would give instructions to spread flammable fuel within Mount Carmel upon learning that the FBI was to introduce tear gas into Mount Carmel to end the siege. It was a part of the conspiracy that an unidentified conspirator would and did give instructions at about noon on April 19, 1993, to start the fires within Mount Carmel. 23 ----