Date:         Sun, 20 Jun 93 13:16:38 MST
From: Idaho_Survivalist <[R P SBETZ] at [idbsu.idbsu.edu]>
Subject:      Randy Weaver trial update: Day 38.
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 38.

Friday, June 11, 1993 was the thirty-eighth of the trial.

Synopsis: Attorneys for both sides spent most of the morning arguing
over the jury instructions.  When they appeared before Judge Edward
Lodge, the defense requested that all charges be dropped.  Lodge
outright dismissed two charges against Randy Weaver and Kevin Harris.
As Judge Lodge dismissed the two counts, U.S. Attorney Ronald Howen
broke down, unable to speak.  The court recessed, and when it returned
Howen was noticeably absent.

The attorneys for both sides spent most of Friday morning arguing over
the jury instructions that will be read to the jury before they begin
deliberations.  When the attorneys came before U.S. District Judge
Edward Lodge, the defense requested that all charges be dropped.  As
David Nevin said, "There's not enough evidence to go to the jury.  They
simply have not made their case beyond a reasonable doubt."

David Nevin and Gerry Spence are defending Randy Weaver and Kevin
Harris.  Weaver and Harris are charged with murder and conspiracy in
the wake of the fateful gun battle that left federal agent William Degan
dead.  Judge Lodge refused to dismiss all ten counts, but he did agree to
dismiss two counts.  The first charge alleged that Randy Weaver,
"threatened to shoot a government helicopter in which FBI agents were
riding in."  The maximum penalty was 10 years and a $250,000 fine.
The second charge was possession of firearms by a fugitive.  The FBI
seized 14 weapons after Weaver and Harris surrendered after the 11-day
standoff in August, 1992.  The penalty for this violation was also 10
years and a $250,000 fine.  The defense argued that neither Weaver nor
Harris met the federal fugitive criteria, as they did not flee across state
lines.

U.S. Attorney Ronald Howen was about 20 minutes into a charge by
charge discussion when he suddenly stopped talking and began shaking
all over, and after a noticeably long silence, finally creaked, "I'm sorry
judge, I can't continue."  Judge Lodge immediately called recess.
Howen sat down, and Assistant U.S. Attorney Kim Lindquist patted
him on the back.  According to one observer, it appeared as though
Howen had cracked.  When the court resumed session about 40 minutes
later, Howen was absent.  Little explanation was offered, the only
comment coming from Maurice Ellsworth, U.S. Attorney for Idaho, who
said, "He's just not feeling well."

Eight charges remain against Randy Weaver and Kevin Harris.  They are
as follows:

Conspiracy.  The government alleges that Randy Weaver and Kevin
Harris purposefully bought a remote mountaintop cabin, accumulated
illegal weapons, and intimidated neighbors and law enforcement
officials, and prepared to kill government officials.  Maximum sentence
is five years and a $250,000 fine.

Illegal firearms.  Randy Weaver faces this charge alone in connection
with the two illegally short shotguns allegedly sold to an undercover
agent in 1989.  Maximum sentence is ten years and a $250,000 fine.

Failure to appear.  Randy Weaver faces this charge alone.  The
government alleges that he failed to appear for his 1991 court date in
connection with the illegal weapons.  Maximum sentence is five years
and a $250,000 fine.

Assault.  Both Randy Weaver and Kevin Harris allegedly assaulted and
interfered with federal operatives in the August 21, 1992 gun battle.  The
maximum sentence is 10 years and a $250,000 fine.

Murder.  Harris is charged with the murder of federal operative William
Degan by shooting him at close range.  Randy Weaver allegedly helped
[exactly how is not mentioned].  Maximum sentence is life in prison, and
a $250,000 fine.

Harboring a fugitive.  Harris stands this charge alone.  He is charged
with helping Randy Weaver hide after Weaver allegedly decided to skip
his 1991 court date.

Committing crimes after being released on condition of showing for trial.
Randy Weaver stands this charge alone.  Maximum sentence is ten years
and a $250,000 fine.

Using the firearm in the commission of a violent crime.  Both Randy
Weaver and Kevin Harris, if found guilty, could get an extra five years
and a further $250,000 fine.

The trial is scheduled to resume Monday, June 14, 1993 with further
discussion of jury instructions.
======================================================================
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