Date: Sun, 16 Jul 1995 18:36:07 -0400 (EDT)
From: Carol Moore <[c--oo--e] at [CapAccess.org]>
To: waco2 <[alt activism] at [cs.utexas.edu]>, [alt conspiracy] at [cs.utexas.edu],
Subject: WACO: Critical Questions for Congress (fwd)
Message-ID: <[Pine SUN 3 91 FP 950716183527 21767 L 100000] at [cap1.capaccess.org]>


                     COMMITTEE FOR WACO JUSTICE

                     CRITICAL QUESTIONS ABOUT WACO
               Congressional Hearings Must Not Overlook
 
      According to news reports, congressional hearings on BATF
and FBI 1993 actions against the Branch Davidians will look
into critical questions and issues like: why did BATF agents
refuse to inspect David Koresh's guns when he invited them to
do so on July 30, 1992; problems with the affidavit for search
and arrest warrants; BATF's false claims there was a
methamphetamine laboratory; the involvement of the military in
the BATF and FBI assaults; the fact BATF agents forgot to
bring the search and arrest warrants; BATF's allegation it
failed to video tape the first shots either at the front door
or from the helicopters; the FBI refusal to accept sufficient
help in negotiations from third parties like the McClellan
County Sheriff's office and the Texas Rangers; the FBI's
failure to tell Attorney General Janet Reno about
negotiations, the safety of CS gas, FBI agent fatigue, and
child abuse; Roger Altman's suspicious Waco visit immediately
after the raid with wounded BATF agent Bill Buford, head of
the Little Rock BATF; the true depth of involvement of Webster
Hubbell and Bill Clinton in the negotiations and the final,
fatal gas and tank attack.
      However, there are other questions and issues which
members of the Committee for Waco Justice want to make sure
Congress, the press and the public do not overlook.  The
information enclosed is drawn from the much more detailed
"Questions for Congress About `Waco'" delivered to
representatives in February of 1995.  Both are based on
research from Carol Moore's THE DAVIDIAN MASSACRE.  The book,
to be published in mass market paperback form in August, also
was delivered to congressional investigators, along with
support documentation.  For more information contact
Carol Moore at 202/986-1847.
 
IS BATF FALSIFYING EVIDENCE THAT DAVIDIANS "AMBUSHED" AGENTS?
**    David Koresh warned the undercover agent "we know BATF or
the FBI are coming," something he would not have done had he
intended to ambush agents.
**    Koresh told only a few Davidians a raid was imminent and
told them not to shoot unless he ordered it.  Davidians
testifying for the prosecution made it clear Davidians were
unprepared for a raid and had to hustle to find guns.
**    Davidians did not use their "tactical advantage" of being
situated on a hill surrounded by open space to shoot at
oncoming cattle trailers.
**    An unarmed David Koresh came to the front door, and
another Davidian called "911," things "ambushers" would not
do.
**    KWTX-TV video and Waco Tribune-Herald photographs taken
in the first minutes of the raid show little or no return gun
fire of any kind coming from the Davidians.  In fact, photos
show BATF agents standing in the wide open firing on the
building.
 
DID BATF FIRST SHOTS AT FRONT DOOR MORTALLY WOUND PERRY JONES?
**    Davidians allege that BATF shot first as the unarmed
David Koresh stood in the front door at the south side of the
building.  Deceased and surviving Davidians claimed the shots
injured Koresh and mortally wounded in the abdomen his also
unarmed father-in-law Perry Jones.  Davidian prosecution
witness Kathy Schroeder testified during the trial of the
Davidians that she heard a now-deceased Davidian ask for
permission to "finish off" the dying Jones who refused to
surrender to the "beast."  
**    The half of the front door through which Jones was shot
was not found after the fire.  Photographs taken during the
fire showed that tanks had dragged both doors well away from
the building so the missing metal door could not have been
incinerated.
**    The government denies Perry Jones was wounded at all and
claims he committed suicide for no apparent reason.  The
medical examiner's autopsy report on Jones alleges he had no
other wounds besides the suicide shot to the mouth.  Medical
examiners assured Jones' family and attorney the body was in
cold storage for an independent autopsy.  However, in October
of 1994 the medical examiner revealed the body had been
allowed to thaw and had been consumed by maggots.
**    On the March 8th "home movie" sent out of Mount Carmel,
David Koresh's wife Rachel assailed the government for killing
her unarmed father at the front door.  A self-confidant Koresh
assured her that BATF's actions would be "taken care of in the
investigations."
 
DID FIRING FROM HELICOPTERS KILL FOUR DAVIDIANS?
**    On February 28th three Texas National Guard helicopters,
including one carrying approximately eight BATF agents,
descended on Mount Carmel from the north at about the same
time agents in cattle trailers pulled up from the south. 
Credible sources say that congressional investigators have
forced BATF agents to admit that they were in fact firing from
helicopters--allegedly in self-defense.
**    Davidian survivors of the attack--including a Davidian
prosecution witness--allege that agents in helicopters started
unprovoked firing as they arrived at the north side of the
building and continued firing at will for several minutes,
puncturing the walls and ceilings with over 100 bullet holes.
**    Davidians talking to a "911" operator several minutes
into the raid can be heard yelling: "Another chopper with more
people; more guns going off."
**    Davidian attorneys Jack Zimmermann and Dick DeGuerin, who
entered Mount Carmel after the raid, said they saw what
clearly were bullet holes entering the ceiling of the four
story tower and other roofs and walls from the sky.
**    In some KWTX-TV video tape footage it appears that
bullets enter the roof of the second story room from almost
directly overhead, even as aircraft can be heard flying above. 
A cameraman says, "two of them over our heads."
**    At trial pilots of the three helicopters denied there was
firing from the helicopters.  However, their testimony lacks
credibility because pilots lied on the stand when they denied
circling near Mount Carmel 20 minutes before the raid.  Other
testimony indicated they did such circling.
**    Davidians allege that four people were killed by firing
from helicopters: Peter Gent, as he looked outside of the
water tower to observe the commotion; Jaydean Wendell, as she
lay sleeping in second floor room; Winston Blake, as he sat
eating in his first floor bedroom; Peter Hipsman, possibly
defending Mount Carmel from the fourth floor tower.  Physical
evidence in the building and in the autopsy reports support
these assertions.  The government claims Davidians killed
Blake because he would not fight and that the others were
killed by agents on the ground as they shot at agents.
 
WAS DAVIDIAN MICHAEL SCHROEDER ASSASSINATED?
**    BATF spokespeople originally claimed Davidian Michael
Schroeder was killed when three Davidians tried to shoot their
way out of Mount Carmel.  The Treasury Department's official
report alleges all three shot at agents, but at trial three
agents alleged only Schroeder shot--though none of them
actually saw him shoot a gun.  Fourteen agents fired at
Schroeder who died of six gun shot wounds, three of them to
the back and two to the head.  One Davidian surrendered and
another escaped.
**    BATF agents never admitted to making any attempt to see
if Schroeder was dying or dead.  However, several agents
testified they heard one or two gun shots as they left the
area with their one prisoner.  Schroeder's blue stocking cap--
which would have contained powder burns had he been twice in
the head at close range--disappeared.  This leads some to
suspect angry agents "finished off" the wounded Schroeder and
took the powder-burned cap.
**    Texas Rangers were deputized as federal marshals by the
U.S. Attorneys' office and put in charge of the investigation. 
Nevertheless, the FBI would not let them retrieve Schroeder's
body for 4 days.
**    In the meantime, BATF agents flew down to the body in a
helicopter and claimed they found a 9-millimeter weapon near
it.  Texas Rangers later found a stun gun near Schroeder's
body.  Some suspect BATF agents planted the weapon and that
Schroeder was armed only with the stun gun.
**    The FBI would not let Rangers investigate the area for
ten days.  By that time rain had washed away most footprint
evidence of whether Schroeder really had shot at agents--or
whether he was approached and shot by agents as he lay
wounded.
 
WERE BATF AND FBI AGENTS AND OFFICIALS MOTIVATED BY REVENGE
AND DESIRE TO PROTECT FELLOW AGENTS? 
**    The same FBI officials--William Sessions, Larry Potts,
Danny Coulson, Michael Kahoe--and Hostage Rescue Team (HRT)
commander--Richard Rogers--involved in the killing of Vicki
Weaver in Idaho were in charge in Waco.  Potts has been
demoted and Kahoe suspended due to charges they covered up the
truth about this incident.  Potts, Rogers, sniper Lon Horiuchi
and two federal marshals face possible prosecution by the
state of Idaho.
**    Former BATF Director Stephen E. Higgins, who approved the
raid, appeared with Carol Moore on a May, 1995 National
Empowerment Television talk show.  Moore questioned Higgins
about whether agents should be charged with murder should
evidence of lethal firing be revealed.  He replied:
"Absolutely.  If they fire at someone who was not firing at
them or pointing a weapon at them it would absolutely be
murder.  The rules of the federal government and other law
enforcement officials are that you can only fire when you are
trying to save your own life or lives of other innocent
people."  Higgins did not believe the agents were firing from
helicopters.  However, if this was his attitude as head of the
Bureau, BATF agents would have had much to fear.
**    BATF and FBI agents were extremely hostile towards
Davidians.  BATF and FBI spokespeople continually lied about
and demonized the Davidians to the press.  "SWAT" team video
taken near Mount Carmel shows agents jokingly comparing their
mission to Vietnam; one claims he is "honed to a fine edge,
honed to kill."  "Trophy" photographs were shown at trial of
agents standing proudly as Mount Carmel burns in the
background.  One photo, shown recently on "Nightline," was of
the FBI's chief negotiator, Byron Sage.
**    FBI vehicles almost immediately started moving and
destroying evidence like vehicles and bullet casings which
could have proved Davidians did little firing and that BATF
did a great deal, including from helicopters.
**    Davidians were convinced the FBI wanted to destroy
evidence that BATF agents had shot Perry Jones through the
front door and killed four people from helicopters.  David
Koresh's second-in-command, Steve Schneider, told negotiators
on March 6th, "It wouldn't surprise me if they wouldn't want
to get rid of the evidence.  Because if this building is still
standing, you will see the evidences of what took place."
**    Davidians demanded that a news crew be allowed to film
inside the building and record the bullet hole evidence of
shooting from helicopters, but the FBI refused.  Only in April
were attorneys allowed to enter Mount Carmel and assure
Davidians that Texas Rangers, not federal agents, would be in
charge of the investigation.
 
DID FBI AND BATF AGENTS CONSPIRE TO SABOTAGE NEGOTIATIONS SO
THEY COULD DESTROY MOUNT CARMEL?
**    FBI negotiators knew that the Davidians believed the BATF
attack was the fulfillment of Koresh's prophecy that the
"beast" would kill them and bring on the Apocalypse and God's
Kingdom.  HRT commander Richard Rogers may have pressed for
escalation of the harassment knowing it would make Davidians
less likely to surrender.
**    FBI behavioral scientists Peter Smerick and Mark Young
recommended that the FBI "establish some trust with Koresh" to
undermine the Davidians' conviction the government was
determined to destroy them.  Higher-up FBI officials pressured
the agents to recommend harassment techniques be used.  (The
Justice Department's official report infers it was HRT
commander Rogers who decided to use these tactics, with the
consent of Deputy Assistant Director of the Criminal
Investigative Division Danny Coulson.)
**    FBI commanders rejected two important negotiation
tactics: allowing direct communication between families and
Davidians and allowing a trusted third party to negotiate a
surrender.  Several trusted negotiators were suggested by the
Davidians, including the McLennan County sheriff and the Texas
Rangers, but rejected by the FBI.  **          David Koresh had been
releasing children steadily as radio stations played a
religious tape.  He promised that Davidians all would exit on
March 2nd if the FBI played a 58 minute audio tape on prime
time radio all over the country.  He offered to pay for the
air time.  The FBI agreed to this demand.  However, they
played the tape only on local stations in the mid-afternoon. 
Koresh saw this lie as a sign from God to wait for further
instructions.
**    On March 19th, after the FBI sent in attorneys' letters
and an audio tape from theologian Phillip Arnold, Koresh told
the FBI that "he was ready to come out and face whatever might
happen to him."  He even joked, "When they give me the lethal
injection, give me the cheap stuff."  Between just March 19th
and 21st ten people left Mount Carmel.  Despite this, (and
perhaps because of it), the FBI increased tactical pressure. 
On March 21st seven people left Mount Carmel.  Yet that very
night the FBI started blaring music over its loudspeaker
system.  Koresh sent out the message, "Because of the loud
music, nobody is coming out."  Steve Schneider asserted that
the "music had been counterproductive." 
**    Much of the FBI harassment was quite violent. 
Loudspeakers blared sounds of screeching rabbits being
slaughtered, dentist drills, airplanes taking off.  Tanks were
run up and down in front of the compound in a show of force. 
Helicopters brazenly buzzed the building, reminding Davidians
of the fatal attacks of February 28th.  If any individuals
walked outside the building without permission, agents would
hurl dangerous flash-bangs at them.  The FBI declared several
deadlines by which Davidians were to exit.  When these were
not met, the FBI purposely destroyed Davidian vehicles as
punishment.
**    On April 14th Koresh sent out a very credible letter
declaring that God finally had spoken to him and that all the
Davidians would come out as soon as he had completed a short
book on the Seven Seals.
**    After receiving Koresh's April 14th promise to surrender
letter, Koresh attorney Dick DeGuerin had a face-to-face
meeting with FBI siege commander Jeff Jamar.  Jamar promised
DeGuerin the FBI had "all the time it takes" to wait for
Koresh to finish the book--and certainly the two weeks
DeGuerin estimated.  The FBI told attorney Jack Zimmermann the
same thing.  On April 16th Koresh told the FBI he had finished
the First Seal.
**    There is no evidence the FBI ever showed this surrender
letter to Janet Reno before she approved the April 19th gas
and tank assault.  After the fire, the surrender letter was
systematically withheld from the press, Congress, and from the
Justice Department outside experts.  (It did appear in the
final Justice report.)
 
DID NEFARIOUS "CULT BUSTERS" PROMOTE THE FBI'S FINAL ASSAULT?
**    The Justice report asserts the FBI "did not solicit
advice from any `cult experts' or `cult deprogrammers.'"  Such
groups are known to use illegal and immoral tactics to try to
destroy new religious groups, including providing false
information to authorities.  However, notorious deprogrammer
Rick Ross' contention that he was in close contact with BATF
and the FBI is backed up by Justice Department outside expert
Nancy Ammerman's assertion that interview transcripts document
this.
**    The Justice report claims that the FBI had little contact
with former Davidian turned cult buster Marc Breault, but he
claims they continued to consult him throughout the siege and
showed him Koresh's letters.
**     FBI consultant Dr. Murray S. Miron, whose advice was
instrumental in excusing the FBI decision to go forward with
the fatal CS gas and tank attack, is a former member of the
organization that became the aggressive Cult Awareness
Network.  He published an anti-cult article the week of the
fire, even while he was consulting with the FBI.  In typical
cult buster fashion, he managed to get more publicity in the
days following the fire than all other FBI experts combined.
**    During the April 28, 1883 hearing Jeff Jamar admitted the
FBI found a "white paper" on cults "very, very useful," but
did not reveal to Congress who gave the very hostile, anti-
cult white paper to the FBI.
 
WHO GAVE THE ORDER TO BEGIN DEMOLITION OF MOUNT CARMEL ON
APRIL 19TH?
**    The FBI refused to negotiate on April 19th, despite
Davidians' pleas, including their putting out a banner.  The
FBI lied, saying Davidians threw the phone out the window,
when in fact a tank broke the phone line.  Attorney General
Janet Reno told Congress she directed the FBI to negotiate if
Davidians were willing.  Yet even though she saw all this from
the FBI Operations Center, she did not insist the FBI
negotiate.  After she left the center for a speech, FBI agent
Bob Ricks told the press: "We're not negotiating.  We're
saying come out.  Come out with your hands up.  This matter is
over."
**    HRT commander Richard Rogers' gassing plan, which was
accepted by Janet Reno, included the option of demolition of
Mount Carmel.  Justice Department chief reviewer Edward Dennis
noted that around 11:20 a.m. began "an apparent deviation from
the approved plan" which had been that the "building would
only be dismantled if after 48 hours not all the people had
come out."  However, at this time tanks began smashing down
the walls and roof of the gymnasium and smashing deeper into
the sides of the building.
**    After the fire FBI agents and FBI and Justice officials
claimed that the tanks were not trying to dismantle the
building, only to make larger holes to insert gas and to allow
Davidians more exit routes to escape.
**    Was this final and fatal round of attacks ordered by
confessed fraud Webster Hubbell, who is facing a prison
sentence, or by FBI official Larry Potts or HRT commander
Richard Rogers who currently are under threat of prosecution
for murder in the death of Vicki Weaver in Idaho?
 
IS THE FBI FALSIFYING EVIDENCE THAT DAVIDIANS STARTED THE
FIRE?
**    Many believe that the FBI's pumping flammable CS gas
dissolved in flammable methylene chloride into a building
filled with dozens of gallons of fuel oil and dozens of
lanterns, then ramming all three stairwells and most exits,
was nothing more than a systematic attempt to turn Mount
Carmel into fire trap and murder the Davidians.
**    Truly independent fire investigators believe that the
tank that ripped out the first floor southeast corner of the
building at 12:06 p.m. knocked over a lamp in the second floor
room directly above, as some fire survivors claim.)  The wind-
whipped fire, which had plenty of fuel in the form of
combustible gas and solvent, easily could have flashed down
the long "flue-like" hallway and collapsed stairwell to the
fuel-filled dining room.  (One survivor claims he saw such a
fireball.)  It also would have spread quickly down into the
fuel-filled chapel directly below and then into the gymnasium. 
(Some believe after these fires started, FBI agents in tanks
shot a pyrotechnic device in the gymnasium, based on the fact
that Texas Rangers found one in that room after the fire.)
**    Within two hours of the time the fire started, the
Justice Department announced two Davidians had confessed to
starting the fires.  FBI Jeff Jamar and FBI spokesperson Bob
Ricks claimed three Davidian survivors said Davidians started
the fires.  Two survivors deny making such a statement and the
other is uncertain of what he heard.
**    On April 20th FBI siege commander Jeff Jamar alleged that
"at least three" FBI agents observed a Davidian start a fire. 
Later the Justice report claimed only one agent saw this. 
Under cross examination at trial this agent admitted, "I don't
know what he was doing."  Photographs of the area where the
man allegedly started the fire showed no evidence of flames
several minutes into the fire.
**    One FBI surveillance device, about 10 feet from the front
door, recorded conversations throughout the day.  The tape
ends at 11:56 a.m., about 9 minutes before any fire is
actually seem, supposedly when a tank destroyed the device. 
The most incriminating audio tape conversations, which have
been played repeatedly on television, include what do seem to
be discussions of "pouring" fuel, "spreading" fuel, and
several uses of the word "fire."  However, these few
statements are open to interpretation.  The 85 residents were
dependent on fuel for lighting the dark interior--and the fuel
did have to be poured.  Davidian survivors claim they only
talked about spreading fuel containers around to keep them
away from rampaging tanks.  They say there were some calls
that no one should be "firing" on tanks.
**    An April 18th FBI surveillance tape reveals one
Davidian's comment that should tanks crash through the walls
of the building, Davidians might light them on fire.  April
19th surveillance audio picks up a Davidian saying something
which sounds similar.  However, since none of the fires
started near the first floor areas attacked by tanks, it is
unlikely this plan was carried out.
**    The FBI and Justice Department claim that all bodies
(except those found on top of the concrete room) were found on
the first floor, from which one would assume easy exit.  They
assert all Davidians must have been forced or chosen to stay
inside the burning building.  However, Davidian survivors
claim many Davidians--including David Koresh and his top aide
Steve Schneider--actually were trapped on the second floor. 
Fire investigators and medical examiners might have overlooked
such evidence so they could back up FBI and Justice Department
claims.
**    Justice Department attorneys appointed Paul Gray head of
the supposedly "independent" fire investigation team. 
However, Gray, of the Houston Fire Department, was recommended
by BATF, had served as a member of BATF's National Arson
Response Team and taught classes for BATF agents.  His wife
worked for BATF's Houston office.
**    Gray withheld from other investigators the fact that CS
gas is flammable.  He did not show them all of the overhead
infrared video tape and did not tell them that FBI log entries
revealed that FBI observers reported seeing fire at the back
of the gymnasium right after tanks brought down part of its
roof.  He also did not allow them to interview fire survivors,
and did not circulate all reports among the team's members.
**    Considering Gray's probable biases, and the information
withheld from other investigators, it is not surprising that
the official fire report disregarded the possibility that one
fire, caused by a tank knocking over a lantern, flashed
through the building.  Instead the report claimed that the
only explanation for the speed with which the fire engulfed
the building was that Davidians had started several separate
fires.
 
DID THE DAVIDIANS HAVE ILLEGAL WEAPONS?
**    Davidians had a legal gun business and therefore had
several hundred guns, including semi-automatics, stored at
Mount Carmel.  Congressional investigators have demanded x-
rays of the 48 guns that the FBI and Justice Department claim
Davidians illegally converted to machineguns.  Investigators
want to discover if the guns really were converted and if they
were converted before or after the fire.  BATF agents have
been know to convert weapons themselves in order to score
convictions.  BATF/FBI needed to find such weapons to excuse
the deaths of 82 Davidians and four BATF agents.  (In 1994
when a Davidian attorney's gun expert tried to look at the
weapons, he only was allowed to do so through thick plastic.)
**    While several agents alleged they heard automatic gunfire
coming out of Mount Carmel on February 28th, prosecutors could
not provide such evidence in video tape or in vehicles shot at
by Davidians.  If Davidians had used such weapons, they would
have done much more damage to vehicles and killed many more
agents.
**    Prosecutors put on the stand Davidian Kathryn Schroeder,
who had little weapons experience, to testify a deceased
Davidian told her some weapons were automatic.  Davidian
Graeme Craddock, who also had little weapons experience, told
a grand jury that because some guns had three switch positions
he assumed they were automatic.  He also admitted David Koresh
told him a grenade he left in a building was live.  But it was
found six days after the fire, after FBI agents had been all
over the area.  The Government claims that Michael Schroeder
left a machine gun in his unlocked van parked in front of
Mount Carmel.  However, FBI agents had exclusive access to the
van during and after the siege.
*     Prosecutors did not prosecute or call to the stand
Davidian mechanical engineer Donald Bunds who both Kathryn
Schroeder at trial and BATF agents in affidavits had
identified as being possibly involved in converting weapons. 
He may be called during the hearings.

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