Newsgroups: talk.politics.guns
From: [c r philli] at [hound.dazixca.ingr.com] (Ron Phillips)
Subject: Randy Weaver Trial - Day33
Date: Wed, 9 Jun 1993 14:44:09 GMT

This was posted to the firearms-politics mailing list by
Drew Betz.
=====================================================================
 6268; Tue, 08 Jun 93 17:00:07 MST
Date:         Tue, 08 Jun 93 16:56:26 MST
From: Idaho_Survivalist <[R P SBETZ] at [idbsu.idbsu.edu]>
Subject:      Randy Weaver trial update: Day 33.
To: [firearms politics] at [cs.cmu.edu]


Note: These trial updates are summarized from reports in the
_Idaho Statesman_ and the local NBC affiliate television
station, KTVB Channel 7.

Randy Weaver/Kevin Harris trial update: Day 33.

Friday, June 4, 1993 was the thirty-third day of the trial.

Synopsis:  FBI sniper Lon Horiuchi continued testimony today,
focusing on his shooting at Randy Weaver and Kevin Harris.
Incredibly, immediately after Horiuchi finished testimony
evidence that may have proven useful in cross-examination was
finally delivered to the defense.  U.S. District Judge Edward
Lodge declared he was probably going to sanction the government
for yet another delay in providing the defense evidence.

FBI sniper Lon Horiuchi continued his testimony today, discussing
at length his shooting of the Weavers and Kevin Harris.  Randy
Weaver sat with his eyes closed as Horiuchi described his aiming
at the base of Randy's neck.  Horiuchi reiterated that he
believed Randy Weaver was going to fire on a government
helicopter containing federal agents.  Horiuchi thought he'd
missed Randy Weaver entirely, but in reality he'd hit Randy in
the flesh where his back meets his arm.  Defense attorney Gerry
Spence cross-examined Horiuchi, "Did you hear Mr. Weaver yell,
'Mama, I've been hit' as he began to run toward the house?"
Horiuchi said, "No, sir, I did not."

Both the prosecution and defense used the cabin door, actually
present in the courtroom, to argue that the sniper could (or
could not) have seen Vicki Weaver standing in the doorway.  Also
entered into evidence today were photographs and autopsies of the
three people killed in the Weaver incident.  Federal agent
William Degan died of a gunshot would to the chest, and Kevin
Harris is charged with Degan's murder.  Degan's camouflage t-
shirt, stained with dried blood, was also entered as evidence.
The prosecution then entered photographs and autopsy reports for
Vicki Weaver and Samuel Weaver.  Neither Randy Weaver nor Kevin
Harris would watch at this point: They covered their eyes and
were crying.  Samuel Weaver died of a gunshot would to the back.
The bullet traveled directly through his heart and out his chest.
Vicki Weaver was killed when the bullet, fired by Horiuchi, went
in her right cheek, severed her carotid artery, and shattered her
left jaw.  The bullet was then deflected into Kevin Harris, where
it hit him in the arm and chest, seriously wounding him.

Documents concerning Horiuchi's testimony were discovered
immediately after Horiuchi had left the stand.  The documents had
been requested by the defense over a month ago but were sent, via
fourth-class mail, only two weeks ago.  U.S. District Judge
Edward Lodge excused the jury from the room and then tempers
flared.  Defense attorney Gerry Spence complained that it was the
fault of the U.S. attorney's office.  "The FBI sits at their
table every day.  The FBI provides the exhibits," said Spence.
Judge Lodge didn't agree with Spence.  Assistant U.S. Attorney
Ronald Howen apologized immediately for the delay, "I have asked
for an inquiry in my office about what happened.  I can give the
court no explanation for why these materials were not sent in a
more timely fashion."  [It was not specified from where the evidence
was sent].

Judge Lodge was unimpressed.  Referring to the postage choice, he
said, "It seems to me totally inexcusable and extremely poor
judgment."  Acknowledging prior problems with government
evidence, Lodge continued, "The court is very upset about these
things happening.  It does appear it is somewhat a pattern."
Lodge then announced that, over the weekend, he will be
considering sanctions against the government.  He said an
outright dismissal was unlikely, but other sanctions, including
forcing the federal government to pay defense attorney fees, was
possible.

The trial is scheduled to resume Monday, June 7, 1993.
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