From: [Terry Liberty Parker] at [382-91-49.ima.infomail.com] (Terry Liberty-Parker)
Date: 15 Jun 94 08:53:18 -0600
Newsgroups: talk.politics.guns
Subject: WACO: Weapons Convictions Wrong -Jurors

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* Forwarded by Terry Liberty-Parker (1:382/91.49)
* Area : WACO (WACO)
* From : Terry Liberty-Parker, 1:382/91.49 (15 Jun 94 08:48)
* To   : All
* Subj : "It's a Mistake Judge" -Jurors re conviction in plea for leniency
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AUSTIN AMERICAN-STATESMAN June 15, 1994  Wed Pg B2

Davidian Case Juror Asks Judge To Be Lenient

-Associated Press

The jury foreman in the murder conspiracy case against 11 Branch Davidians has
asked the federal judge who will be sentencing the defendants later this week
to be lenient, the Associated Press learned Tuesday.

Sara Vain, who headed jury deliberations in the San Antonio trial of David
Koresh's followers earlier this year, says the punishment prosecutors are
seeking is too harsh.

In a letter to U.S. District Judge Walter Smith, Vain said she was astonished
that seven of the defendants are facing 30 years in prison for convictions on
weapons charges that initially were thrown out.

Defendant Ruth Riddle would have been acquitted of all charges and freed if
Smith hadn't reinstated convictions against the seven for carrying firearms
during the commission of a crime.

"It's unfathomable that she (Riddle) is facing five years, much less 30 years
in prison," Vain wrote.  "If we had interpreted the word 'carrying' literally,
she would be totally free since there was no proof beyond reasonable doubt that
she even walked to the window of her room while in possession of a firearm!"

Vain and other jurors have said the panel reached the weapons charge conviction
by mistake.

Smith said originally that he would throw out the convictions of Renos Avraam,
Brad Branch, Jaime Castillo, Livingston Fagan, Kevin Whitecliff, Graeme
Craddock and [Ruth] Riddle for carrying a firearm during the commission of a
crime.

The judge said the [weapons] convictions were invalid because the jury had
acquitted the Davidians of the murder conspiracy charge.  But Smith reversed
himself after prosecutors provided case law showing that inconsistent verdicts
are legally valid.

Prosecutor John Phinizy said it's not the jury's job to be concerned with
sentencing.



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Hello All!


Terry
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