Newsgroups: talk.politics.guns,alt.politics.org.batf,alt.politics.usa.misc From: [w--g--s] at [lonestar.utsa.edu] (William W. Hughes) Subject: Branch Davidian Trial - Wed, 12 Jan 94 Date: Wed, 12 Jan 1994 17:29:20 GMT Branch Davidian Trial Update - Wednesday, 12 Jan 94 Page 1A Headline - ATTORNEYS SELECT JURY, ALTERNATES Page 1 photo caption: "Branch Davidian Devin Whitecliff, 32, of Hawaii exits the federal courthouse Tuesday in San Antonio. Attorneys selected 12 jurors and six alternates, who will hear opening arguments in Wednes- day's proceedings." [Whitecliff faces the camera, standing to the right of a white van. An unidentified individual with his back to the camera stands to the right of Whitecliff. Whitecliff is wearing a suit; the shot is from waist up.] The selected jurors include 13 women and 5 men. Opening arguments sched- uled to start Wed. morning. Tuesday afternoon saw debate on a number of motions made by both prose- cution and defense attorneys. These motions gave some indication of the respective cases. "Prosecutors said they'd argue the defendants conspired to build up a cache of arms to kill government agents, and that the defendants knew the authorities eventually would come because they were involved in welfare, food stamp and credit card fraud." [story continued on page 4A] Subhead, page 4A - Frenzy of fear cited Page 4 photo caption: "Members of the media follow a defense attorney as he enters the courthouse Tuesday." "Defense attorneys said their clients had been whipped into a frenzy of fear that the government was going to do to them, because of their religious beliefs, what was done to racial separatist Randy Weaver in Idaho." Judge Smith has ruled that prosecutors may use the word 'compound' when referring to Mount Carmel, and 'victim' when referring to the BATF agents killed. Defense objected, noting that 'compound' carried connotations of mili- tary facilities, and that 'victim' implies guilt. Judge Smith did not agree. Defense also requested that prosecutors not be permitted to use the term "Mighty Men", since the defendants never used that term in describing themselves. Prosecutors contend that Koresh used that term to refer to his male "inner circle." Two defense attorneys, Tim Evans and Steve Rosen, objected to the fact that no jurors are black. Evans and Rosen represent the black defend- ants. Only three of the 78 members of the jury panel were black. Judge Smith has also refused to allow the defense to refer to a pair of reports on the assault and siege. These reports were prepared by ATF and the FBI. Defense attorney Rosen wanted to use the reports to show evidence of a cover-up by the government, and to show that the ATF wanted to attack the Davidians, rather than serve warrants. On the other hand, Judge Smith has prevented the prosecution from using the term "Ranch Apocalypse" during opening arguments, or from referring to credit card fraud. Smith says the prosecution may bring up these issues out of the presence of the jury, at which time he will decide if there is evidence that can be presented to the jury. In reference to yesterday afternoon's jury questioning: One woman had missionary training and her husband was a priest of eight years. "'I have very negative feelings about people who belong to a cult and are brainwashed and don't use their own God-given mind,' she said, adding however that she could be impartial regarding the Branch David- ians' beliefs." All eighteen jurors will hear testimony, The exact 12 who will deliber- ate will be chosen after testimony ends. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Box, page 4A - PARAGON TO SHOW NEW TV FOOTAGE "Some television footage of the Branch Davidian standoff, which Paragon Cable said hasn't been seen before, is to air locally at 7 p.m. Wednes- day on cable Channel 20. The show, titled 'You Saw It Here,' contains footage that is to be used on network television by 'Prime Time Live,' but Paragon is to give local viewers an opportunity to see it first, according to producer Phillip Guerra." = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Page 4A Headline - SELF-DEFENSE ISSUE RISES IN JURY SELECTION AGAIN Photo caption: "Edna Doyle talks with lawyer Don Cosdell outside the federal courthouse Tuesday. Cosdell is the attorney for Doyle's son, Clive, in the Branch Davidians trial." [Doyle (l) and Cosdell (r) are surrounded by media] "'I don't want to waste time putting it [self-defense] in their (ju- ror's) minds, if it's not going to be an issue.'" Judge Smith Several lawyers did not comment, noting the gag order. However, defense attorney Steve Rosen says the self-defense issue is essential to the defense. Rosen defends Kevin Whitecliff and Livingston Fagan. "'That's been our structure throughout the entire pre-trial and trial.'" Rosen Rosen says the claim of self-defense is "self-evident", given the cir- cumstances of the original raid. "Rosen said once the stigma of 'cults, loonies, crazies' is removed from the defendants, their actions appear in a different light." Generally, the lawyers are satisfied with Smith's questioning of the prospective jurors, noting that he has shed his robes and stepped down to the floor of the courtroom to "avoid intimidating prospective jurors." Some lawyers are privately calling him "Shirtsleeve Smith." While not allowing lawyers to question the jurors directly, Smith is taking questions from the lawyers and asking those questions of individ- ual jurors. "'I'm impressed with the way it's happening. The judge is doing a good job of asking questions we would normally ask.'" Defense attorney Mike DeGuerin (representing Paul Fatta) "'He's been very fair. We'd tell you if he wasn't, but he's been very fair.'" Defense attorney Rosen - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Photo on center of page, not clearly connected with any story: "Jack Deault of San Antonio protests the Branch Davidians situation Tuesday at the federal courthouse. Deault called himself a concerned citizen and said he will protest until justice is served." [Deault holds a sign reading "Is your church ATF approved?" at chest height. The sign is about 2' high by 3' wide.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Headline: MINISTER JOINS WITH PROTESTERS Photo caption: "The Rev. W. N. Otwell holds a sign criticizing govern- ment tactics in the raid on the Branch Davidian compound near Waco." [Otwell's sign rests on the ground and reads "The black booted, black suited, black helmeted, machine gun-totin' _ATF_Gestapo_ are guilty of killing children and holding women hostage!" The sign is about 7' wide and 4' high. Otwell stands behind it, resting his arms along the upper edge.] Otwell is an East Texas minister with a history of church vs. state battles. Otwell does not agree with the Koresh's beliefs, but has "'some kinship with the man who has a right to do what he was doing.'" "Otwell lives in a community setting with more than 100 people, he said, adding 'If the government can burn up David Koresh and his people, then the government may try the same thing' with him and his followers." "Otwell said he and several other members of his 'God Said' Ministries were protesting what they maintained was a breach of First and Second Amendment rights and the 'eventual slaughter of the men, women and children who dared to take a firm stand on what they believed.'" "'David Koresh and the Branch Davidians were set up and used as an example to all preachers and families who refuse to live and operate inside the mainstream religious organizations and under the control of the government.'" Otwell "To the 11 Branch Davidians on trial, Otwell delivered a message of solidarity: 'Y'all hang in there. We're still supporting you.'" - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Headline: WELL-DRESSED DEFENDANTS HAVE ATTORNEYS TO THANK FOR CLOTHING DURING THE TRIAL Notes that most of the defendants lost everything in the fire, including their clothing. Defense attorneys bought or donated "'suits, ties, socks and jackets'" to the Davidians. Rosen Rosen also mentioned Payless Shoe Source and Barry Manufacturing [a local men's store]. Judge Smith denied a request by attorney John Carroll (representing Avraam) for funding to buy clothing. "'There are some 16 male attorneys representing defendants in this case, all of various sizes and shapes. 'It is probable that all of them have spare clothing in their closets that could be lent to the defendants.'" Descriptions of the defendants indicate clean, conservative suits, mostly greys and dark blues. Defendant Ruth Ottman Riddle had a green dress with black braid and a brown coat. ======================================================================== Administrivia This section will include corrections, personal observations & comments, and pointers to known cross-postings and archives. It will become short- er (I hope) as time goes by. - * - CORRECTION In yesterday's Update, under IOWAN WHOSE MOTHER DIED IN STANDOFF DRAWN TO S.A., the last line: He says Koresh was "'a nice guy, not the mad maniac some make him out to be.'" should have been attributed to Darren Borst, not Brad Borst. Darren met Koresh during visits with his mother and his brother, Brad, at the Mount Carmel facility. - * - COMMENTS In the page 1 story, there is a reference to charges of welfare, food stamp and credit card fraud. This is the first that I have head of these allegations. Does anybody have any information about this? - * - POSTING Posted to Usenet newsgroups talk.politics.guns, alt.politics.org.batf, and alt.politics.usa.misc, with Distribution set to "world." Please feel free to forward to other groups that you feel may be interested. Default follow-ups set to talk.politics.guns, alt.politics.org.batf and alt.politics.usa.misc. (Note: Previous Administrivia listed talk.politics.usa.misc. This was incorrect and has been changed to what appears above.) Sent to mailing list info.firearms.politics. (The problems with posting to i.f.p. have been resolved. I will be post- ing the updates to this list myself.) If anybody is archiving these updates, and/or making them available for ftp, gopher, or other access, please let me know and I will include that information in further Administrivia sections. - * - Summarizer comments - All personal comments, clarifications or explana- tions within the text of the Update will be bounded by brackets []. The Administrivia section is all personal comments. Double-quoted ("...") sections are taken directly from newspaper re- ports. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This summary of the Branch Davidian trial is based on articles published in the San Antonio Express-News. The original 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 sum- maries, either by hardcopy or electronic means, is authorized and en- couraged, 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. Politicians Prefer Unarmed Peasants | government in Waco, Texas - Politically Incorrect and proud of it! | including over 20 children.