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 - 19 Jan 94 Date: Thu, 20 Jan 1994 00:24:56 GMT Branch Davidian Trial Update - Wednesday, 19 Jan 94 Page 1B Headline - WITNESS OFFERS CONTRADICTIONS AT DAVIDIAN TRIAL Photo caption : "Branch Davidians defense attorney Steven R. Rosen displays a model of the Mount Carmel complex outside the federal court- house Tuesday." [Photo has the model in the foreground, with Rosen (surrounded by media) behind it looking down at the model. There is some distortion, probably caused by a wide-angle lens being used at close range in low-light conditions; it is difficult to gauge the size of the model. If pressed, I'd say it's about four feet wide and six feet long. The complex is depicted in incredible detail -- there are bushes, packing/shipping flats, barrels... even what appears to be multi-piece window sashes. The scale appears to be about 1:87 (HO scale to you model railroaders), based on the apparent size of some vehicles included on the left side. Speculation: This scale may have been used to take advantage of the availability of components at local model shops.] The first witness Tuesday, a key witness in the prosecution's case, had some problems -- contradicting earlier statements and making "conflict- ing statements on the stand." The writer describes the situation as "rocky." Houston ATF agent Roland Ballesteros was one of the team assigned to rush the main, double-door entrance to the compound last February. Ballesteros was subjected to "sustained intense grilling" by defense attorneys, who "hammered" at the aforementioned inconsistencies. Ballesteros testified that "he believed the agents were ambushed", but under cross-examination said that "the agents knew the [Davidians] were ready" and he saw Koresh standing unarmed in the doorway as the agents advanced with their weapons pointed "in Koresh's 'general direction.'" Under cross-examination he said that special agent Chuck Sarabyn "'did tell us, "they know we're coming," and to "hurry up."'" "In preliminary questioning, Ballesteros testified he properly identi- fied himself and his purpose as he was running toward the compound. He said that as he ran toward the double front doors, he saw Koresh standing in the doorway, with one door closed and one open about 2 feet. 'I yelled to him "Police, lay down"... and I continued running toward the door,' Ballesteros said. 'He responded "What's going on?" Again I yelled, "Search warrant, lay down."'" Ballesteros said that Koresh "smirked" and closed the door, and that seconds later gunfire started coming through the doors. He said he was hit in one thumb, and displayed his thumbs to the jury. He said that Koresh was standing with one hand on the opened left door (from Ballesteros' POV), and the other hand on the closed door. Two other apparently unarmed men were standing behind Koresh. When the gunfire started, Ballesteros rolled under a window, where he stayed. He never used any of the three [!] weapons he was carrying -- a shotgun and two handguns. He said he heard, from inside the compound, "'"Get that SOB away from that door, get him out of there."'" He was not asked if he knew who the "SOB" was. When cross-examined by defense attorneys Kearney and Cogdell, he said he did not: Inform the Texas Rangers of his ambush theory, inform the Rangers about telling Koresh he had a search warrant, or tell the Rang- ers about the comments he overheard. The changes in Ballesteros' testimony [presumably from earlier deposi- tions or preliminary testimony, given the context] about when he first heard gunfire were a major focus for defense attorneys. Ballesteros claims the changes in his story, between his March 10 state- ment to Texas Rangers and his September 30 pretrial testimony, are due to "'things... coming back to me more clearly.'" According to his March 10 statement, he was about 20 feet from the front door when the first shots occurred, and he assumed that they came from an ATF team assigned to shoot any dogs at the compound that could not be subdued by fire extinguishers. However, according to his September 30 testimony, and current statements on the stand, the first shots occurred when agents arrived at the com- pound. He said that he was with the dog team when he first heard shots, but his earlier statements make no mention of being near the team. Tuesday, he said it would have been "'impossible'" for the first shots to have come from the dog team because he was with them. The second version indicates that shots were being fired before he approached Koresh. Ha claimed that if he could hear shots, then the people in the compound could hear them too. "Kearney repeated Ballesteros' testimony that Koresh was unarmed and was talking to him through an open door. 'Wouldn't that be odd to you, if gunfire was going on?' Kearney asked. Ballesteros murmured a quiet, 'No.'" In various statements, Ballesteros has identified the first shots as being "general gunfire", .22 caliber, and "just 'popping' noises." Ballesteros also testified that he heard .50-caliber fire during the raid, but later admitted that he had never heard .50-caliber fire be- fore. [1] Defense attorney Kearney noted that Ballesteros has had opportunity to talk to other agents and hear their stories. He also got Ballesteros to admit to meeting with Assistant U. S. Attorney Ray Jahn "considerably more often than with Texas Rangers." Kearney, outside of court: "'He told the Rangers he thought the ATF shot first. Now he's had all this time to talk to Mr. Jahn, and now he says they didn't.'" There is also a question of whether Ballesteros told Koresh that he had a warrant -- his statements to the Rangers do not indicate that this happened. "'I would have told the Rangers that if I had remembered it.'" ... "'I'm not making excuses, I... guess I just couldn't remember everything at the time." [2] Defense also questions whether Ballesteros statements about a warrant [see above] "constituted sufficient notice." When asked if he could have been heard throughout the complex, Balles- teros said "'The people at the front door heard me.'" He admitted that he did not consider how the Davidians would react to the assault. When "pressed" to explain what he thought should happen when a raid to present a search warrant is carried out, Ballesteros said, "'We would hope they would surrender. Hopefully, they see who you are and do as you say.'" "At one point, Ballesteros said he knew shots were coming through the front door because he saw splinters coming from the wooden door. When defense attorney Douglas Tinker pointed out that the doors were metal, Ballesteros said what he saw may not have been splinters. 'I saw something,' he said." [3] ======================================================================== Administrivia There was one article in the Tuesday, 18 January 1994 edition of the Express-News, but it was primarily a recap/speculation piece; nothing to be summarized. I have retained the article in hardcopy files. - * - Comments on today's story: [1] - I have -- it's unmistakable. And I have fired, or been present at the firing of: .22, 5.56mm (M-16), .38 (USAF-issue revolver), .45 (Army-issue M1911), 12-gauge, 20-gauge, .50 full-auto from an Army tank, 105mm anti-tank, and a howitzer that was about a three-inch bore. My step-uncle was a member of a gun club in Orange County, New York -- he taught me how to shoot. And how to safely handle a firearm. There were undoubtedly other calibers being fired there that I don't remember or never identified. I am USAF Expert qualified on M-16 and .38; I am qualified (non-Expert) with the .45. I have never fired, nor do I recall hearing fired, a 9mm. [2] - Hmmm... this seems to me to be a _very_ important point, and some- thing that law enforcement personnel would be specifically trained to remember... [3] - "I saw something", but a trained law enforcement officer cannot tell what it was. Hell, I was trained better than that for a military additional duty as a flight line guard. I don't know about anybody else, but if I was on the jury, and was given the information included in the newspaper report, I would conclude that Ballesteros was either making things up as he went along, or was badly rehearsed. Just my opinion. - * - Local evening TV news reports indicate that today's testimony went just as badly for the prosecution. Stay tuned for tomorrow's Update. 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. Sent to mailing list/newsgroup Info-Firearms/info.firearms.politics. Forwarded to FIDONet echoes DEBATE and CONTROVERSY by Terry Goodman ([terry goodman] at [support.com] / Terry Goodman 1:102/837) 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. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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.