Date: Tue, 1 Feb 1994 21:54:30 -0600 (CST) From: "William W. Hughes" <[w--g--s] at [lonestar.utsa.edu]> Subject: Branch Davidian Trial - 1 Feb 94 Branch Davidian Trial Update - Tuesday, 1 Feb 94 [transcribed] Page 1B DEFENSE FOCUSES ON CREDIBILITY OF WITNESS By Diana R. Fuentes and Matt Flores Express-News Staff Writers Defense attorneys in the Branch Davidian murder-conspiracy trial Monday emphasized doubts that grand jurors had last year about the government's star witness -- who at one time was the government's main defendant. Attorney Dan Cogdell asked U. S. District Judge Walter S. Smith Jr. to order prosecutors to turn over any evidence provided by Kathryn Schroeder that could help the other defendants. Prosecutors told the judge they already had done that. Eleven people are on trial in federal court on charges of conspiring to murder four federal agents who died Feb. 28 as the U. S. Bureau of Alcohol, Tobacco and Firearms raided the Branch David- ian compound near Waco to serve search and arrest warrants. Schroeder, 31, who had been charged with conspiracy to murder federal officers, has agreed to plead guilty to a lesser charge that carries a maximum of 10 years in prison in exchange for her testimony. Cogdell quoted from documents about Schroeder's testimony that were provided to the defense Monday. According to the transcripts, Cogdell said, one grand juror asked Assistant U. S. Attorney Ray Jahn why Schroeder turned against her fellow sect members. "I thought she was supposed to be tough," Cogdell quoted a juror. Then he read Jahn's reply: "To tell the truth, she wants to be back with her youngest child." Schroeder's husband, Michael, was killed by ATF agents. Her four children left the compound during the early days of the siege. The three oldest were returned to their natural father. The young- est child, whose father was Michael, is in the custody of family members in Florida. Cogdell also quoted Jahn as saying the government rejected immunity for any defendants who could be identified as having fired weapons at ATF agents. In talking about Schroeder's change of heart, however, Jahn stated, as read by Cogdell: "We now believe she was not a shooter." Cogdell said that statement implies that, at one time, the government believed she was a "shooter," and there might be evi- dence on file that incriminated her but could help some of the defendants. Earlier, ATF sharpshooter Roger Guthrie -- referred to by agents as a "forward observer" -- testified he spotted a Branch Davidian (Woodrow Kendrick, 63) hiding in the bushes during a second confrontation several hours after the first gunbattle. He said he didn't fire at Kendrick because he could not deter- mine if he had a weapon. [Story continued page 3B] SHARPSHOOTER RECOUNTS SIGHTING "I felt he was an extreme threat to our safety, but I still hadn't made the determination if he was armed or not," Guthrie said. Kendrick was arrested about a week later at a mobile home. Later, firearms dealer Thao Dinh Le of Oklahoma testified he sold a semiautomatic weapon to defendant Paul Fatta for a little more than $1,200. On cross-examination, Le testified that there was nothing illegal about the transaction and that Fatta had properly filled out the necessary forms. Le said AR-15 rifles cost $450 to $500 each about two years ago but now are worth $1,500, because tighter government regula- tions have made the weapons scarcer. Le said there are three categories of his customers: those who like to show off their weapons -- "I would say quote, unquote 'toys;'" those who buy for investment; and law enforcement offi- cers. But Assistant U. S. Attorney Bill Johnston asked Le whether there isn't a fourth category. :How about the people who buy them to use them?" he asked. Le agreed. Earlier, ATF agents testified how they used small tanks to plow into a metal building used as an auto repair shop and living quarters to search it. "The vehicles started gently -- or as gently as you can with a Bradley fighting vehicle -- pushing in the walls until there was sufficient room to enter the building," the agent said. DeGuerin noted a search warrant was for the business premises of the Mag Bag. The agent acknowledged a tiny bedroom, kitchen and restroom also were searched. ========================= ADMINISTRIVIA ========================= SUMMARISER'S COMMENTS Calling a sharpshooter a "forward observer" is, to my mind, akin to using the military phrase "collateral damage" instead of the more accurate "unplanned civilian casualties". The words sound innocuous enough, but the actual thing is frightening. A firearms dealer testifies to fully legal sales of weapons. Is observing the law now a justification for a search warrant? Gaining entry to a building by ramming it with an armored vehicle? Excuse me? A search warrant is issued for one, specific location, but the agents searched other areas anyway, apparently without warrants. Seems to me that there is something basically wrong here. ------------------------------------------------------------------- KNOWN DISTRIBUTIONS USENET: talk.politics.guns, alt.politics.org.batf, alt.politics.usa.misc, alt.conspiracy & alt.politics.libertarian - posted by author (alt.politics.libertarian added by request) mailing list Firearms Politics ([firearms politics] at [ns1.rutgers.edu]) - sent by author (gated to moderated newsgroup info.firearms.poli- tics) FIDONET: DEBATE and CONTROVERSY - forwarded by Terry Goodman (terry.goodman @support.com / 1:102/837) LEGAL (non-backbone) - forwarded by Lester Garrett (1:125/101) SmartNet: POLIPHIL - forwarded by Lester Garrett (FIDO 1:125/101) BIX: Area tojerry/inquest - forwarded by Paul L Schauble <[p l s] at [shell.portal.com]> The Patrick Henry League - a gun rights BBS network: Forwarded by Paul L Schauble <[p l s] at [shell.portal.com]> Please feel free to forward these updates to any other groups, conferences and networks that you feel may be interested. KNOWN ARCHIVES The Powder Keg BBS, 707-427-1310, 14.4, 24H7D, directory WACO (SurvNet/PRNet 176:100/24, sysop Peter Nesbitt) The Soapbox BBS. 919-387-1152, 14.4, 24H7D, file area BATF (FIDO 1:151/142, sysop Stacy Powers [[p--we--s] at [rock.concert.net]]) Full access on first call, supports FREQ, FREQ FILES to get a list of all available files Anonymous ftp teetot.acusd.edu in directory /pub/Beelzebub/Politics/The_Tax_Cops/Waco/Trial service provided by Jerry Stratton ([j--r--y] at [teetot.acusd.edu]) If anybody else 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 or tran- scribed from articles published in the San Antonio Express-News. The original articles, and any sections quoted herein are copy- righted by the Express-News. The remainder of the summary is copy- right 1994 by William W. Hughes. Copying of these summaries, either by hardcopy or electronic means, is authorized and encouraged, 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.