Date: Sun, 27 Feb 1994 23:34:29 -0600 (CST) From: "William W. Hughes" <[w--g--s] at [lonestar.utsa.edu]> Subject: Branch Davidian Trial Update - Saturday, 19 Feb 94 Branch Davidian Trial Update - Saturday, 19 Feb 94 [summary] Page 1B Headline - RULING A FIRST IN TEXAS Subhead - Jury may decide on self-defense Called a "major victory" for the defense, Judge Smith has ruled that the jurors may decide that the defendants acted in self- defense if they find the defendant(s) believed that their lives, or the lives of others, were in danger and that deadly force was required to repel that danger. This is the first time in the histo- ry of the 5th Circuit (Mississippi, Louisiana and Texas) that a district court has allowed this defense in a case involving the deaths of federal officers. It has been allowed in other circuits. However, Judge Smith has ruled that self-defense cannot be consid- ered if the jury believes that the defendants knew that federal agents were there to arrest Koresh, search the compound or if the defendants planned to ambush the federal agents. Before Smith issued his ruling, prosecutors argued against allowing the self-defense option. "... if [defendants] can kill federal agents and have the right to have the jury then acquit them on self-defense, then we are at a deadly crossroads in this country. Because no longer will civil- rights suits or civil-rights prosecution be the basis on which police officers are punished. They will just be shot." U.S. Attor- ney Bill Johnston, speaking in opposition to the concept. "Must a citizen take a bullet in the head as long as the shooter is a federal agent, and no matter whether the agent's shooting is unlawful or reasonably perceived to be unlawful? The Supreme Court did not mean to protect only those who had an 'honest mistake of fact' as to who might be attacking them. The same protection must be afforded to those citizens whose honest mistake of fact is that federal agents mean to kill them unjustifiably -- assuming such is a mistake." Defense attorney Terry Kirk, in a legal brief support- ing the self-defense option. "Generally, the law forbids forcible resistance to law enforcement officers executing search and arrest warrants... It has always been the policy of the law to protect the physical integrity of every person from unauthorized violence." The jurors may consider the lesser charge of voluntary manslaughter, which is defined as "when a human being is killed unlawfully in the sudden heat of passion caused by adequate provocation." From Judge Smith's 67 pages of instructions to the jury. Closing arguments begin Tuesday. Prosecutors will have 3 1/2 hours. Defense attorneys will have 30 minutes each, except for Rocket Rosen, who is defending two people; he will have 45 minutes. The defense team will have an additional 30 minutes to divide amongst themselves. ========================= ADMINISTRIVIA ========================= 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, 19 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.