Date:         Sun, 20 Jun 93 13:21:26 MST
From: Idaho_Survivalist <[R P SBETZ] at [idbsu.idbsu.edu]>
Subject:      Randy Weaver trial update: Day 40.
To: [firearms politics] at [cs.cmu.edu]
Status: OR


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 40.

Tuesday, June 15, 1993 was the fortieth day of the trial.

Synopsis: Spectators from throughout the United States converged to
hear the closing arguments in the murder/conspiracy trial of Randy
Weaver and Kevin Harris.  The closing arguments were, as expected,
explosive.  The defense added a new twist, suggesting that federal agent
William Degan was killed by agent Larry Cooper rather than by Kevin
Harris.  At 5:50pm MDT, U.S. District Judge Edward Lodge
sequestered the jury and deliberations began.

Today saw the closing arguments in the murder/conspiracy trial of
Randy Weaver and Kevin Harris.  Assistant U.S. Attorney Ronald
Howen was again absent, leaving the burden on Assistant U.S. Attorney
Kim Lindquist.  The arguments were as contentious as expected.

Lindquist began by showing one of the illegal shotguns that Randy
Weaver allegedly modified, which, according to Lindquist, set off the
whole chain of events that led to the death of federal agent William
Degan.  Lindquist pushed the idea that the Weavers sought a
confrontation with the government, that they reveled in the idea.
Linquist, often quoting Shakespeare and Oliver Wendell Holmes, said
that the charges against Weaver and Harris ultimately sprung from their
religious beliefs and hated of the government.  Said Lindquist, "This is a
man and a woman [Randy Weaver and Vicki Weaver] who believed they
were dealing with Satan himself.  And when you're dealing with Satan,
you pull out all the stops.  This was the focus of their lives.  This was
their driving force...The defiance of law explains every aspect of this
case."  Lindquist then discussed Randy Weaver's alleged failure to
appear for his 1991 court date, "That event, that confrontation, became a
self-fulfilling prophecy.  It was necessary to show themselves and the
world that they were right."  Linquist, playing the religious beliefs angle
to the hilt, argued that while the Weavers were entitled to their beliefs,
not all beliefs can be protected, "There would be utter chaos.  There has
to be a limit.  Their beliefs encompassed an intense hated for the
government...You can see we continue to push the parameters of
reasonableness, the parameters of common sense, the parameters of right
and wrong."  Finally, Lindquist attempted some last-minute public
relations for the Marshal's Service.  In reference to attempts to avoid
harming the Weaver children, Lindquist said, "The Marshal's Service
was more concerned about the safety of those children than Mr. and
Mrs. Weaver."  Lindquist wore a black suit, spoke in "lofty lawyerly
language"  [_Statesman_ quote], and argued the full 3 1/2-hours himself.

The defense opened with a ninety minute argument by Boise-based
defense attorney David Nevin.  Nevin began by telling the jury that the
government lied, "The government's case against Kevin Harris is false.
The government witnesses did not tell the truth."  Nevin continued,
calling the government's allegation of conspiracy "baloney...This is a
preposterous notion that the whole thing was planned."  Nevin then
noted that Linquist had only spoken of the shooting of William Degan
and Samuel Weaver for just 13 minutes.  He added, "That is what is
called avoidance behavior.  That's because these things [murder and
conspiracy] are not the truth."  Then, in a surprise twist, Nevin got
down on one knee and, while holding Degan's gun, proposed that federal
agent Larry Cooper may have shot Degan from behind.  Until now, the
defense had all but acknowledged that Harris had killed Degan.  In any
case, Nevin argued that Harris had acted in self-defense and in doing so
had an absolute defense against a murder charge.  Said Nevin, "Kevin
had a fraction of a second to decide.  He did the only thing he could to
protect himself."  Nevin charged that the government failed to use
common sense: Weaver had been holed up in his cabin for 18 months
under what amounted self-imposed exile, "Why not just leave him there?
He was under house arrest.  He wasn't going anywhere," said Nevin.
Nevin, in arguing before the jury, thrice quoted George Washington,
"Government is not reason, it is force.  Like fire, it is a dangerous
servant and a fearful master."


Famed defense attorney Gerry Spence seized on the government out of
control angle, arguing that the U.S. Marshal's cooked up a story to
cover up the death of Samuel Weaver.  Spence pounded his fist on the
podium, glared at Linquist, and said, "The theme is to charge Randy
Weaver and demonize him and make him into an evil, spiteful, hateful
person so that you [Lindquist] can cover up the murder of a little boy
shot in the back and the murder of a woman shot in the head...This is a
murder case, but the people who have committed the murder have not
been charged.  The people who committed the murder are not in the
courtroom."  Lindquist called the coverup theory "cynical," and then told
Spence, "You got a lot of theatrics, but you didn't get a statement of the
truth."  Lindquist told the jury, "I think that you must agree that the truth
comes through.  I've heard conjecture; I've heard speculation; I've heard
sarcasm; and I've heard lots of cynicism.  Such things from the mouths
of lawyers are not the facts."

In response, Spence moved toward Lindquist, clapped his hands loudly,
and said, "Wake up!"  Spence thundered, "The government doesn't
shoot boys in the back!"  Spence went on to call agents of the Bureau of
Alcohol, Tobacco, and Firearms "the new Gestapo in America," and
blasted the BATF, U.S. Marshal's Service, and FBI for "Big Brother"
tactics.  Spence asked the jury to send a message to the highest levels of
government: He singled out the FBI hostage rescue team, one of whose
members killed Vicki Weaver.  Spence then said, "These are the Waco
boys.  You've [the jury] got more power than anybody, because you can
say 'No'...Doesn't that verdict want to say 'No' to this kind of conduct?
[to the government's conduct]."

Spence commented on the ATF plan, in the wake of the alleged shotgun
sales to an undercover informant, to recruit Randy Weaver into
informing on the Aryan Nations church.  Spence said, "Randy Weaver's
crime was not that he sawed off a shotgun.  His crime was that he
wouldn't snitch."  Spence singled out Weaver's two daughters [Sara and
Rachel], and had them stand twice from the front row for the jurors to
see.  Lindquist responded by telling the jury, "Picture them, these two
innocent, lovely young ladies, packing these things around [what was
being "packed around" was not specified] with a pistol on their hip."
But Spence was brilliant at swaying the jury's emotions.  He called
himself a "country lawyer" and, in retelling his mother's stories, would
bring laughter to the jury and sometimes a tear to their eyes.

The case went to the jury at 5:50pm Mountain Daylight Time Tuesday,
June 15.  Jurors have 60 separate instructions on 65 pages of text.  They
are faced with reviewing testimony from 56 witnesses.  The jury was
sequestered by Judge Lodge.
======================================================================

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