Newsgroups: alt.conspiracy,talk.politics.guns From: [c w w] at [zycor.lgc.com] (Chris Walker) Subject: Waco Sentencing Date: Sun, 5 Jun 1994 04:44:02 GMT In the *Austin American Statesman* today, there is an article regarding the guidelines to use to sentence the Branch Davidians. Quotes are from the article. Probation officers are recommending 30-40 year prison sentences, triple or quadruple what Davidians faced following their conviction. "It looks like the government is going to get its pound of flesh one way or the other," said John Carroll, attorney for Renos Avraam. Essentially, the sentence is being increased because "federal probation officials recently determined the cult members' crimes involved illegal, automatic weapons." Using an automatic weapon or a silencer in a violent crime is a mandatory 30-year sentence according to Federal law. There is a dicussion of the reinstatement of the verdict, the one that Judge Walter Smith said that he would set aside but decided not to do so. This resulted in Ruth Riddle being arrested at the airport to face thirty years when she had thought she had been acquitted. Normally, federal judges uses reports which detail defendants lives and criminal history. Sentencing is normally done on an individual basis. Sentencing will be done on June 16-17. The judge could reject the probation office's recommendations but an attorney I consulted said that this rarely happens as the probation officer is an employee of the judge. Normally, the judge "rubber-stamps" the probation officer's recommendations. "Hopefully, the judge will call it fair and square," said Rocket Rosen, attorney for Kevin WHitecliff and Livingstone Fagan. "There was no evidence they ever handled automatic weapons. This is pure vindictiveness." This is reflected in statements made in defense motions against the prosecution motions to reinstate the convictions a few months ago. The FBI claims to have found 48 automatic weapons after the fire. However, this is difficult to believe since Kathy Shroeder had said during the trial that they had converted only three and that she was the only one who remained alive who knew at the time as this was a secret for the "inner circle" only. In addition, since crucial evidence such as the right front door and a safe with tens of thousands of dollars disappeared, who is to say that they didn't *plant* evidence at the crime scene? "They can't just go in now and say that obviously they were machine guns," said Carroll. "Certainly the government was not pleased with the verdicts, and if they can get a tougher sentence this way, they'd like it." Bill Johnston contended that there is "ample evidence" that automatic weapons were used by the convicted cult members. However, the court never attempted to prove that any Davidians used automatic weapons in the commission of a crime nor did the government successfully place a gun in every hand. By not putting an automatic weapon in the hand of each Davidian when sentencing them would amount to *collective sentencing*, and idea that is foreign to American law but part of the new notion of conspiracy that the court attempted to put over people but failed to convince the jury of. Other Davidians to be affected by the extended sentencing include Brand Branch, Jaime Castillo and Graeme Craddock. Paul Fatta is facing 15 years for machine gun possession and conspiracy to manufacture automatic weapons. Make no mistake, this is an attempt to correct the verdict by a government that is on the defensive. This is a turning point in American society. If the events in Waco and the subsequent actions of the Federal government are not challenged, we are guaranteed an era of increased government power. The Waco debacle proved that the federal government can do anything it wants to anyone at anytime and get away with it. Not only will they hang together, the courts will be in their pockets all the way. At least as regards major events. There was a pretense at following the law here, but upon close examination, from the investigation, the issuing of the warrant, the *non*-service of the warrant, the siege and the trial nothing stands scrutiny well. Every action digs government officials deeper into their evasions. I do not know if this case will make it to the Supreme Court. Let us hope that they make the right decision and respect the rule of law, something that is now lacking of the Federal government in Texas. -- Chris Walker [c--l--r] at [zycor.lgc.com]