Date: Tue, 1 Mar 1994 15:24:42 -0600 (CST) From: "William W. Hughes" <[w--g--s] at [lonestar.utsa.edu]> Subject: Branch Davidian Trial Update - VERDICTS - Sunday, 27 Feb 94 Branch Davidian Trial Update - VERDICTS - Sunday, 27 Feb 94 [summary] Page 1A Page Headline - DAVIDIANS INNOCENT OF MURDER Photo caption - Clive Doyle, who was acquitted of all charges Saturday, and his mother, Edna, cry as he talks with the media about the death of his daughter at the Branch Davidian compound. Headline - DEFENSE CLAIMS MAJOR VICTORY; SEVEN GUILTY OF LESSER CHARGES [Note - this summary includes sections from the 9 Jan 94 summary, for comparison of charges and convictions. Original charges will be marked with braces {}, and will precede the actual convictions. In addition, I am only going to summarize this story, one of six in this issue of the paper. The other stories (mostly background and reaction) will be included in the archive I am compiling (see Administrivia). Stories appearing after Sunday, 27 Feb, will also be included in the archive] All 11 defendants acquitted of murder. Seven found guilty on lesser charges. Four cleared completely. The defendants, the charges and the convictions: Brad Branch - {four counts of conspiring to murder federal offi- cers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers} Convicted of aiding voluntary manslaughter. Kevin Whitecliff - {four counts of conspiring to murder federal officers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers} Convicted of aiding voluntary manslaughter. Clive Joseph Doyle - {four counts of conspiring to murder federal officers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers} Acquitted of all charges and released. Jaime Castillo - {four counts of conspiring to murder federal officers, four counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers} Convicted of aiding voluntary manslaughter. Livingstone Fagan - {two counts of conspiring to murder federal officers, two counts of possessing a firearm during the commission of a violent crime and one count of aiding and abetting the murder of federal officers} Convicted of aiding voluntary manslaughter. Paul Gordon Fatta - {one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime, one count of aiding and abetting the murder of federal officers, one count of conspiracy to manufacture and pos- sess unregistered machine guns, and one count of unlawful posses- sion of machine guns} Convicted of conspiracy to unlawfully manu- facture and possess machineguns and of aiding Koresh in the unlaw- ful possession of machineguns. Norman Washington Allison (a.k.a. Delroy Nash) - {one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime and two counts of aiding and abetting the murder of federal officers} Acquitted of all charges, but maintained in custody for immigration violations. Woodrow Kendrick - {one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime and two counts of aiding and abetting the murder of federal officers} Acquitted of all charges and released. Graeme Craddock - {one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime one count of aiding and abetting the murder of federal officers, one count of possessing an unregistered destruc- tive device, and one count of conspiring to possess an unregistered destructive device} Convicted of possessing a grenade. Renos Avraam - {one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a vio- lent crime, and one count of aiding and abetting the murder of federal officers} Convicted of aiding voluntary manslaughter. Ruth Ottman Riddle - {one count of conspiring to murder federal officers, one count of possessing a firearm during the commission of a violent crime, and one count of aiding and abetting the murder of federal officers} Acquitted of all charges, but maintained in custody for immigration violations. Sentencing will take place in Waco in approximately six weeks. The aiding voluntary manslaughter charge carries a sentence of up to ten years imprisonment. "It's a great day in America!" - defense attorney Patrick Brown "If you believe in the system, you have to believe in all of it, whether you win or lose. I salute the jury for having the courage to do what it thought was right." - Assistant U.S. Attorney Ray Jahn "It is clear that the jury recognized by its verdict that the kill- ings of the four (U.S. Bureau of Alcohol, Tobacco and Firearms) agents were not justified. The findings that these deaths were not justified makes clear that the government had a responsibility to act." - Attorney General Janet Reno, at a news conference a few hours after the announcement of the verdicts "The Branch Davidians are not anti-government, we're not anti-law enforcement, and I'm sorry that the four agents are dead and lots of them wounded... Because of those who are in charge of their (federal) agencies, we lost 85 of our friends and family, too... It was unnecessary." - Clive Doyle The jurors did convict seven defendants of possessing firearms while committing violent crimes, but this was apparently due to a misunderstanding of the judge's instructions. Judge Smith said he would set aside these convictions, since the seven were found innocent of the basic charge of murder. Graeme Craddock's conviction for possessing a hand grenade will be appealed, since it was apparently based on Craddock's grand jury testimony. Defense attorneys plan to point out that the grenades were never used, and in fact were recalled by Koresh due to de- fects. Mike DeGeurin, attorney for Paul Fatta, plans to request a new trial for Fatta on the machinegun charges. No reason given in the article. Rocket Rosen, attorney for Fagan and Whitecliff, was "ecstatic" about the acquittal on the murder/conspiracy charges. "I'm not going to be greedy. I think if anything -- if anything -- they were reckless, but they didn't conspire to murder federal agents." Joe Turner, representing Ruth Riddle: "She just dodged a major bullet. There was no conspiracy to kill anybody. They had a lot of guns on both sides. Somebody started shooting, and it just got out of control." Turner hopes Riddle will just be deported to her native Canada, rather than be charged with immigration violations, since she has overstayed her visa. "Those people who were found innocent today spent a year of their lives enclosed in a cage while they were presumed under our law to be innocent." - Attorney Tim Evans, representing Norman Allison. He was referring to the fact that the defendants were held without bond. "We've got our priorities twisted." "I think this says loud and clear to law enforcement that you don't negotiate with tanks, you don't assault a house with people inside, and you don't bring a case that you can't prove." - Defense attor- ney Dan Cogdell, representing Clive Doyle "The place to resolve a dispute with law enforcement officers is in the courtroom, not at the barrel of a gun." - Prosecutor Jahn "Those agents did not die in vain. I want to tell everyone in law enforcement throughout this wonderful country, and especially in the ATF, to keep their chin up." - Assistant U.S. Attorney Bill Johnston "In any human effort there will be mistakes. Mistakes do not justi- fy the mass murder that David Koresh ordered on Feb. 28 and con- cluded on April 19... It is impossible, with this verdict coming at this time, not to feel regret that so many others who should also have stood before this jury, and so many innocents, were not here. It is also impossible not to recognize that no verdict will return Rob [Williams], Steve [Willis], Conway [LeBleu] and Todd [McKeehan] to us and to their families." - from a statement by ATF Director John Magaw "I will never forget Waco. The ghost of Waco will be with me all of my life. It is a reminder that you try to make the best judgment and you take the consequences, you accept responsibility and you move ahead." - Janet Reno "I feel pretty lousy. I got free and my friends didn't... We're still Branch Davidians. [The future is] in God's hands." - Woodrow Kendrick ========================= ADMINISTRIVIA ========================= Within the next few days/weeks, I will transcribe all of the arti- cles that appeared in the San Antonio Express-News, and will make these available to anyone who requests them. It is likely that I will set these transcriptions up as a compressed archive, probably using PKZIP. In the meantime, the summaries and transcripts listed below will remain available for email requests. I would like to thank all those who assisted in the distribution of these trial updates, and all those who sent notes of thanks and encouragement. This final update was delayed due to the fact that I have secured employment, and walked straight into massive overtime. 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 - January 09, 10, 11, 12, 13, 14, 15, 17, 19, 20, 25, 26, 27, 28, 31 February 06, 08, 09, 10, 11, 12, 13, 15, 16, 17, 18, 19, 23, 24, 27 Transcripts - January 21, 22, 23, 29 February 01, 02, 03, 04, 05, 25, 26 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.