Date: Sun, 20 Feb 1994 22:50:34 -0600 (CST) From: "William W. Hughes" <[w--g--s] at [lonestar.utsa.edu]> Subject: Branch Davidian Trial Update - Wednesday, 16 Feb 94 Branch Davidian Trial Update - Wednesday, 16 Feb 94 [summary] Page 1A Headline - DAVIDIAN TOLD GRAND JURY OF ARMING BEFORE ATF RAID Subhead - Prosecution's revelation ends 24 days of testimony in sect trial [Photo caption - "Prosecutors Tuesday read a transcript of Branch Davidian Graeme Craddock's grand jury testimony, in which he said he prepared for a raid." Photo description - Craddock, wearing spectacles, a brown suit and a red, white and (unknown dark color) striped tie, and handcuffs. No background details visible. Page 4A photo caption - "Prosecutor Ray Jahn has no comment for reporters as he leaves the federal courthouse during a lunch break in the Branch Davidian trial. The prosecution rested its case Tuesday after presenting testimony from the grand jury proceedings." Page 4A photo description - Jahn waves off 4 (or more; edge of photo) reporters. Jahn to the left of the photo, facing away from the reporters as he holds up his right hand across his body.] Prosecutors read parts of Graeme Craddock's grand jury testimony which indicated that several members of the sect armed themselves when they heard that ATF agents were about to conduct a raid against the compound. This was the last presentation by the prosecution, and may have contributed to their efforts to prove conspiracy. Prosecution has presented more than 120 witnesses over 24 days of testimony. After the prosecution rested, Judge Smith dealt with routine de- fense motions. he refused to grant most motions to dismiss charges, although he did dismiss one weapons charge against Woodrow Kendrick and took several other motions under advisement. Defense attorney Stanley Rentz was unsuccessful in blocking prose- cutors from hearing the grand jury testimony of Craddock, who did not have an attorney at the time and had waived his rights to having an attorney present during questioning. In the grand jury transcript, Craddock said that he had been told that ATF agents had arrived at the airport and were expected to raid the Mount Carmel compound. He said that he was given this information "secretively," but thought that others in the compound also knew. He said that he got out an AR-15 rifle that he had under his bed, as well as a vest with loaded 30-round magazines. When asked why he did that by Assistant U.S. Attorney Ray Jahn, Craddock replied that he thought it was "expected." "What was expected of us was just to get ready for whatever event may occur," Craddock continued. "The last comment when I heard from David was before he left. He told me to stay in my room versus the guys (who) went with him, and the last comment he made was no one was to fire unless he gave the go-ahead." He said that, just before the raid, he went to the cafeteria where Koresh had brought handgun ammunition (9mm). Craddock "grabbed a handful" of the pistol ammunition. He said he never received a fire command, and never fired during the raid or the siege. Craddock also told the grand jury that hand grenades were distrib- uted, but were never used. The grenades were recalled when a pin accidentally came out of one of them. When asked about Koresh's teachings prior to the raid, Craddock said that they were expecting some sort of military force or at- tack. On the day the compound burned, Craddock said he heard someone say "Light the fire" and someone else respond "What fire? Where?' A third person said "Don't light the fire." Jurors also heard tapes made by electronic surveillance, and read transcripts made by an FBI expert who listened to enhance versions of the tapes. The tapes were very noisy, and only occasionally could voices be heard. The voice of David Koresh is identifiable, as are references to "pouring" and "fuel." The final phrase heard on the tape is "Let's keep that fire going," although not all listeners could make it out. Defense attorney Dan Cogdell challenged the tapes due to the poor quality of the recordings, and said that not all listeners could hear the same things. He also challenged the government's expert, Paul Ginsberg. "That was clear to you?" he asked, continuing scorn- fully: "Did you hear that in the courtroom here? Were we listening to the same tape?" Ginsberg replied: "I believe we were. And I did." Defense attorneys plan to begin their defense with an hour's worth of tapes of telephone calls made to 911 on the morning of the raid. Judge Smith, after reading a transcript, said that the "90 percent" of the tapes were a "waste of the jury's time", due to lengthy pauses and irrelevant dialogue. Defense attorneys want to play the tapes to give a sense of what occurred during the raid. Smith delayed a final decision overnight. ========================= ADMINISTRIVIA ========================= KNOWN DISTRIBUTIONS USENET: talk.politics.guns, alt.politics.org.batf, alt.conspiracy, alt.politics.usa.misc & alt.politics.libertarian - author USENET: info.firearms.politics/mailing list Firearms Politics ([firearms politics] at [ns1.rutgers.edu]) - author Other networks - BIX: tojerry/inquest - Paul L. Schauble ([p l s] at [shell.portal.com]) FIDONET: DEBATE - Terry Goodman ([terry goodman] at [support.com] / Terry Goodman 1:102/837) FIDONET: CONTROVERSY - Terry Goodman FIDONET: LEGAL (non-backbone) - Lester Garrett (1:125/101) FIDONET: SMOKER (non-backbone) - Bill Bauer (1:147/32) Prodigy: Politics-Other, Subject; A.T.F. Waco - Jim Bell SmartNet: POLIPHIL - Lester Garrett (FIDO 1:125/101) The Patrick Henry League - a gun rights BBS network: - Paul L. Schauble 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]) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - INDEX These Updates have been posted in two forms: summaries of Express- News articles and direct transcripts of Express-News articles. This is a short index to all Updates posted to date, including the current issue. Summaries - 09 Jan 94, 10 Jan 94, 11 Jan 94, 12 Jan 94, 13 Jan 94, 14 Jan 94, 15 Jan 94, 17 Jan 94, 19 Jan 94, 20 Jan 94, 25 Jan 94, 26 Jan 94, 27 Jan 94, 28 Jan 94, 31 Jan 94, 06 Feb 94, 08 Feb 94, 09 Feb 94, 10 Feb 94, 11 Feb 94, 12 Feb 94, 13 Feb 94, 15 Feb 94, 16 Feb 94 Transcripts - 21 Jan 94, 22 Jan 94, 23 Jan 94, 29 Jan 94, 01 Feb 94, 02 Feb 94, 03 Feb 94, 04 Feb 94, 05 Feb 94 Copies are available. Send requests by email only to the author. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This Update of the Branch Davidian trial is based on or transcribed from articles published in the San Antonio Express-News. The origi- nal 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 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. St. Dismas' Infirmary for the Incurably | government in Waco, Texas - Informed [_Synners_, Pat Cadigan] | including over 20 children.