Time: Tue Aug 05 19:52:06 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id TAA00016; Tue, 5 Aug 1997 19:44:42 -0700 (MST) by usr10.primenet.com (8.8.5/8.8.5) with SMTP id TAA01876; Tue, 5 Aug 1997 19:42:14 -0700 (MST) Date: Tue, 05 Aug 1997 19:41:17 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Waco Update from Carol Moore (fwd) <snip> > >-------------------------------------------------------------- >NOTE: Carol Moore (no relation) is the author of "The Davidian Massacre: >Disturbing Questions About Waco Which Must Be Answered," available in >paperback from Legacy Communications and the Gun Owners Foundation. Orders >should be directed to Legacy Communications, P.O. Box 680365, Franklin, >Tennessee 37068. All other inquiries should be sent to Gun Owners >Foundation, 8001 Forbes Place, Suite 102, Springfield, VA 22151. For >special sales and bulk orders call 1-800-417-1486. >-------------------------------------------------------------- > >WACO UPDATE AUGUST 5, 1997 > >by Carol Moore >Member, the Committee for Waco Justice >Author, The Davidian Massacre > >DAVIDIAN RE-SENTENCING DATE SET > Judge Walter J. Smith will re-sentence Branch >Davidians Brad Branch, Kevin Whitecliff, Jaime >Castillo, Renos Avraam, and Graeme Craddock on >Thursday, September 4th in Waco. The Davidian >prisoners are expected to be present. The Fifth >Circuit Court of Appeals ruled that Smith could not >sentence four Davidians to 30 years and one to ten >years for carrying an illegal weapon during a crime >(that of conspiracy of murder, of which all were >acquitted) unless he provided sufficient evidence from >the record that each Davidian actually carried such a >weapon. Otherwise he could sentence them to only five >years. Other District Courts have ruled that only a >jury can decide if an individual carried an illegal >weapon, making it likely that if Smith gives them >sentences longer than five years, the Supreme Court >will take the case. > There is evidence that only two Davidians carried >such weapons: Craddock's confession he was told he was >given an illegal grenade; and a jail house snitch's >allegation Avraam boasted that he had shot one on >February 28, 1993. The only other evidence is the >allegations of some ATF agents they heard automatic gun >fire on February 28 (ATF agents themselves carried >defacto automatics) and the FBI's claim it found 47 >burned up illegal weapons after the fire. (They also >found one pristine automatic in the back of a van on >the property--a van which was open for 51 days and was >towed away from the premises under lax security before >the gun was found.) > It might help if many of you wrote *polite* >letters to Judge Smith asking him to have mercy on the >Davidians and sentence them to time served on these >weapons charges. Or just remind him of the legal facts >and how embarrassing it will be if he is reversed by >the Supreme Court! (Even if he does not impose more >than five years, four Davidians can still appeal to the >Supreme Court on the grounds they deserve a new trial >because Smith never told the jury they could find >Davidians innocent of aiding and abetting voluntary >manslaughter in the case of self-defense and because >the judge should have thrown out the gun convictions >since they were supposed to be tied only to the murder >sentences.) > Write to: Judge Walter Smith, Jr. , Courtroom >301, U.S. Courthouse, 800 Franklin Avenue, Waco, >Texas. Mention U.S. vs. Brad Branch, et al or Case W-93-CR-046. > "A government that is evil has no room for good >people except in its prisons." M.K. Gandhi > >UPDATED PRISONER ADDRESSES > Three Davidian prisoners--Brad Branch, Jaime >Castillo and Kevin Whitecliff--have been moved to the >"higher security" new facility at Beaumont, Texas. >They are able to visit with one and other there. Paul >Fatta has been moved to a prison in Arizona. Since >they are now in newer, air conditioned facilities, and >closer to their families, they are not unhappy with the >move. If you would like to write any of the eight >prisoners, e-mail me for the updated address list. ><cmoore@capaccess.org> > >JUSTICE DEPARTMENT INVESTIGATING KORESH'S GUN DEALER'S >CHARGES AGAINST ATF AGENTS > After ATF's brutal February 28, 1993 attack on the >Davidians, Henry McMahon, David Koresh's gun dealer, >would have happily told the FBI and the press that the >Davidians' large purchases were for legitimate business >purposes and not part of some nefarious cultist gun >plot. That is why on March 1, 1993 ATF agents spirited >him and his girlfriend Karen Kilpatrick away from their >new home in Florida, claiming Davidians were coming to >kill them. Once ATF got them to McMahon's father's in >Oregon, ATF agents threatened to destroy McMahon's gun >business if he spoke out. McMahon recorded the calls. >ATF brought them back to Texas a few weeks later and >ATF agents Davy Aguilera and Dale Littleton threatened >to have them prosecuted for conspiracy if they did not >waive their rights and speak to agents. Littleton >pushed Kilpatrick up against a wall. This is certainly >worse than what the FBI did to Richard Jewell! > McMahon and Kilpatrick originally spoke with the >NRA, which later lost interest in their case, and they >could not raise enough money to file a civil suit >against ATF and its agents within the statute of >limitations. They contacted Senator Spector who was >going to call them for hearings last fall against ATF. >He then canceled the hearings because ATF was doing >such a "good job" investigating church burnings. > However, Spector did support McMahon and >Kilpatrick when they filed a complaint with the >Department of Justice (through their local prosecutors) >against the ATF agents. They recently were interviewed >by the FBI and have been told by Justice Department >attorneys they have a very prosecutable case against >the ATF agents. In fact, the case may go before a >grand jury. > Unfortunately, the Washington and major press have >not yet picked up on this story, something sure to make >the always-reluctant Justice Department find some excuse >for not bring this abuse of citizens' rights to >a grand jury. So feel free to get this story out to >whatever press you know. Have them contact me for the >McMahon's phone number. They are happy to tell their >story. <cmoore@capaccess.org> > (Note: McMahon and Kirkpatrick have a web page >(http://www.dmi.net/waco/) but no e-mail address. Also >note: McMahon likes to correct the oft-made assertion >he was a Class III gun dealer in the state of Texas, which >he was not. He was previously a Class Dealer in >another state.) > >BUILDING A NEW MOUNT CARMEL > Several Davidian followers of David Koresh from >around the country who met for the April 19 memorial >were quite upset that the ex-wife and several friends >of George Roden (the former Davidian leader who is >incarcerated indefinitely for murder in a mental >institution) have been trying to keep them off the 77 >acre Mount Carmel property. The squatters even >brandished weapons at them and one will soon go on >trial. > As the Waco Tribune-Herald reported in June, >Davidian survivors have decided to press ahead with >legal efforts to have these squatters permanently >evicted. In fact, fire survivor Clive Doyle, his >mother and several other elderly Davidian women have >decided to pool their resources and set up trailers and >live at Mount Carmel once again. This is very brave, >considering that vandals have started several fires out >there and recently burned down three shacks built by >the squatters. The Davidians had been paying the taxes >on the property through their lawyers. Unfortunately, >the lawyers fell behind a few months and Roden's >friends--who threw Amo Roden herself off the property >for a while--paid several thousand dollars worth of >taxes. > A hearing is scheduled for September 29th in >Waco's 19th State District Court over the ownership >Mount Carmel. Davidian survivors are assured the Roden >faction's squatting and tax payments will not affect >their legal rights and are optimistic they will be able >to legally retake Mount Carmel in the fall. > If you would like to write them for their price >list of books, videos and audio tapes and otherwise >support their efforts write: Mount Carmel Survivors >Memorial Fund, Inc., Box 120, Axtell, TX. If you want >to order the most popular items right away, send $20 >each (including postage) for the videos "Inside Mount >Carmel" (Davidians speak out during the siege) or "Day >51" (an overview of government crimes vs. the >Davidians). Send $2.00 each for assorted David Koresh >sermons on audio tape and ask for the price list of the >many sermons available. > >CAUSE FOUNDATION SPEAKS OUT ON STRASSMEIR CONNECTION > Kirk Lyon's Cause Foundation has been working for >justice for the Davidians from just after >the siege began in 1993. They are now working with a >large Houston law firm on the Davidian civil suits. >Cause Foundation has been questioned and criticized >because of its association and representation of Andy >Strassmeir who lived at Elohim City for a couple of >years. Some link him to the Oklahoma City bombing >conspiracy. The Cause Foundation finally has spoken >out on their relation to Strassmeir on their web page >http://207.15.176.3/cause. > Cause's Spring 1997 newsletter also describes >their complaint against the FBI with the Justice >Department's Office of Professional Responsibility. >They complained because for the Oklahoma City bombing >investigation the FBI subpoenaed the phone records of >the Cause Foundation. (It did discover that Timothy >McVeigh called the office the day before the bombing. >Staffers there remember someone calling telling them >their efforts to get justice for the Davidians could >not succeed.) > However, because the Cause Foundation is a law >office involved in the largest lawsuit ever filed >against the FBI and the federal government, Cause >considers this to be "an outrageous abuse of the >police-state powers that this government has arrogated >to itself." Cause wonders if the FBI also was tapping >its lines during their investigation. It will be >interesting to see if the Justice Department takes this >complaint at all seriously. > >40% BELIEVE FBI STARTED FIRE AT MOUNT CARMEL > A recent Scripps Howard News Service and Scripps >School of Journalism poll of "conspiracy fears" among >the American public revealed that 40% of Americans >believe that it is very or somewhat likely that "The >FBI deliberately set the fires that destroyed the >Branch Davidian compound in Waco Texas, in 1993." (An >obviously confused Washington Post columnists reported >several weeks later that it was a Washington Post >poll.) What was not clear was whether those voting yes >included those who believe that FBI tanks merely >smashed away at the building til it inevitably caught >fire, as opposed to directly lighting it through some >flame mechanism. Asked that way, the answer probably >would have been closer to 70% of the American people > Other responses included: 51% believe it is very >or somewhat likely federal officials were responsible >for the Kennedy assassination; 52% believe it is very >or somewhat likely CIA pushes drugs in the inner- cities; >39% believe it is very or somewhat likely the >U.S. Navy accidently or purposely shot down TWA Flight >800 in 1996; 80% believe the military is withholding >evidence of Iraqi use of nerve gas or germ warfare >during the Gulf War. > >NATIONAL COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW >ENFORCEMENT > In late June President Clinton signed the >emergency appropriations bill providing relief to >flood-stricken states. The bill also provides funding >for the National Commission on the >Advancement of Federal Law Enforcement--more than a >year after the group was authorized to study federal >law enforcement. The NRA, ACLU and other groups were >responsible for this coup. > Despite the Commission's pro-law enforcement >sounding title, many of us hoped the Commission would >look into some of the issues of federal law enforcement >abuses that Congressional Weaver, Waco and other >hearings have not brought to light. However, some >doubt it can do so since the law did not give the >Commission subpoena power. > Moreover, its members, appointed by Congress, are >largely establishment types who doubtless support the >proposition "it's more important to protect federal law >enforcement than to protect the people from federal law >enforcement." It's chair is former CIA Director William >Webster, who at least has expressed some criticism of >the FBI. Victoria Toensing, a former Justice >Department Attorney specializing in terrorism, and a >frequent pro-law enforcement television commentator, >has had nothing nice to say about the Branch Davidians >in interviews. Donald Dahlin is a Professor of >Political Science at the University of South Dakota. >Robert Stewart is Chief of the North Carolina state law >division. > House Minority Leader Dick Gephardt appointed the >Fraternal Order of Police President Gil Gallegos to the >Commission "to protect the rights and reputations of >federal officers." In a later press release, the >Fraternal Order labeled the ACLU, NRA and other groups >that promoted the Commission an "Extremist Coalition." >In a press release the FOP "opposed this legislation >very strongly, based on our belief that this >"Commission" would be nothing more than a civilian >review board for federal officers," and argued that the >executive and congressional branches had "exhaustively" >reviewed past incidents and the Commission's >investigations might put law enforcement at risk. So I >am afraid we can expect a good deal of sabotage but >very little light or action on either past or future >abuses of power by federal agents--or prosecutors. > An interesting WWW site maintained at Syracuse >University follows the regulatory and enforcement >activities of the FBI, IRS, BATF, and DEA. Called >Transaction Records Access Clearinghouse, it contains >some surprising facts and figures. See: >http://trac.syr.edu . > >FBI AGENTS "TWISTING IN THE WIND" > In late July Senator Arlen Specter, a member of >the Senate Judiciary Committee, complained that U.S. >Attorney Michael Stiles' investigation of the death of >Vicki Weaver, shot by FBI agents in 1992, was not yet >completed and therefore was effectively leaving the >accused agents "twisting in the wind." Of course, the >investigation is not so much into the fact that she was >killed, but into the fact that agents and official >refuse to admit personal responsibility for giving the >"shoot on sight" order that probably led to her death. >Some also may have illegally destroyed evidence of who >gave the order. Since FBI sniper Lon Horiuchi was >acting on illegal orders, the Justice Department is >absolving him of all personal responsibility for the >murder if Vicki Weaver. > >MERLETTI NEW HEAD OF SECRET SERVICE > In early June Lewis C. Merletti, who led the >Treasury Department's investigation of the 1993 raid on >the Branch Davidians, was sworn in as the 19th director >of the Secret Service. The Treasury Report, while >allowing some criticism of the planning and execution >of the raid, promoted the government lies that the >Davidians shot first, ambushing federal agents. It >also totally failed to address serious allegations that >agents shot from helicopters, killing four Davidians. >Nor did it admit that BATF agents actually lied to the >army about Davidian's involvement in drugs in order to >receive free aid and special forces training that would >not have been permitted without the drug connection. > With someone who misses that much evidence of >crimes in charge of the Secret Service, one must wonder >about the safety of the president and of the currency >system. Assassins and counterfeiter must feel safe >with Merletti in charge! > >COMMENTS ON FILM "WACO: THE RULES OF ENGAGEMENT" > I saw the 2 hour 15 minute version playing in >Washington, DC in mid-June. (More editing is promised >and inevitable before it is finally released on video >at some time in the future.) > The film attempts to prove that federal agents are >guilty of murdering the Davidians and does a good job >of it. (Unlike Fox's July 30th "Prophecies of the >Millennium" which repeated every government-media lie >about crazed suicidal cults.) Besides much footage >we've all seen, it shows new material that just >reinforces what we all know: ATF initiated a vicious >raid and killed Davidians and their FBI buddies were >*not* interested in allowing Davidians who defended >themselves to survive the siege and April 19th gas and >tank attack. > Particularly startling new material included: the >audio tape of ATF agent Jim Cavanaugh, who at the House >hearings claimed bullet holes in the Davidians' highest >roof came from ATF agents shooting *up* into it--he >admits to David Koresh that agents were armed, and >perhaps shooting from helicopters; what does seem to be >actual footage of a helicopter approaching the water >tower and shooting Davidian Peter Gent who was on it; >Davidian Steve Schneider complains ATF can "erase all >evidence to cover your butts if you want."; Koresh's >grandmother's attorney relates how when he and the >grandmother got to check point, Brannon heard an agent >say, "I hope she told him goodbye."; excellent computer >animation of the spread of the fire from one point of >origin; Tarrant County Medical Examiner Peerwani >complains the FBI confiscated the County's videos of >the bodies in the rubble and then claimed to have lost >them. > I myself remain un-convinced by the proffered FLIR >evidence that FBI agents shot guns at the Davidians >during the fire. While I certainly think that is possible >this happened, the light streaks pointed out in the film >either seemed more likely to be from the shooting off >of ferret rounds or from some other heat sources. I >also doubted light streaks indicated agents shot very >close to the building at about the same time a Davidian >exited that area and escaped unharmed. The final proof, >of course, would lie in confessions by FBI agents who >witnessed or did the shooting. And we're not likely to >get that unless we get a government willing to >prosecute culpable agents. Unfortunately, some >publications, like the Washington Post, have tried to >make or break the film--and the whole "Waco story"--on >the strength of these gunfire assertions. However, >overall the film still overwhelms one with the great >injustice done. > The film could have been better organized to make >and emphasize its points. Also, the minimal narration >which allowed events and individuals to speak for >themselves sometimes left even Waco buffs confused. >And there were a few factual errors, such as the >assertion Michael Schroeder was killed outside Mount >Carmel on April 19th, when it was February 28th. >Nevertheless, it is the most hardhitting and commercial >film produced so far and evidence that even mainstream >news people are still open to investigating the crimes >against the Branch Davidians. > >NEW BOOK: NO MORE WACOS > David B. Kopel and Paul H. Blackman, two well >known Second Amendment writers and activists, have >released their 524 page hardback "No More Wacos: >What's Wrong With Federal Law Enforcement and How to Fix It." >It is published by Prometheus Books and is in most >major bookstore. The book is chock full of facts, and >critical of federal government actions. > I found its greatest failing to be factual errors >and dubious interpretations based upon the authors' >failure to interview Davidian survivors and attorneys. >At a recent talk the authors said they did not believe >there was a conspiracy against the Davidians, even as >they had to admit the book exposed exhaustive efforts >by federal agents and officials to coverup what really >happened. Despite their attempts to be "even handed" >toward federal law enforcement, I'm sure most readers >will come away quite disgusted with the feds, so the >book is a definite plus on those grounds! > >LOUIS FREEH REJECTS THE DAVIDIAN MASSACRE, PART TWO > In our first installment of the story, I had >received a letter from the Inspector in Charge of the >FBI Office of Public and Congressional Affairs, >attached to my returned book and written materials, >saying: "regulations applicable to Department of >Justice employees preclude Director Freeh from >accepting items such as this." I finally got a chance >to talk to an agent in Public Affairs who told me that >Department of Justice employees are prohibited from >receiving gifts. I then asked if Janet Reno was out of >compliance, since she hadn't returned hers. Annoyed, >he told me I'd have to talk to her people about that. > I then pointed out that this wasn't a gift, just >me as a citizen providing the FBI Director with a book >I'd written and other materials hoping this would open >his eyes to crimes by his underlings. He told me that >the FBI will take complaints based on cold hard facts-- >he got angrier and more revved up as he repeated >several times over--but it doesn't want *hearsay*, >*opinions*, or *conclusions* based on newspaper >articles or government reports or whatever. "We want >facts!" he almost shouted. I said, "Oh, you mean like >an audio tape of an FBI confessing to killing all those >Davidians?" He didn't like that question. > Then I asked if the Davidian survivors could file >complaints about FBI agents' behavior during the siege >or on April 19th. He grudgingly snapped back, "Yes." >"That's fantastic," I said, and profusely thanked him >for his help. I contacted one of the Davidian civil >suit attorneys who said that while such an >administrative complaint was an option for the >Davidians, it was a waste of limited energy and money, >especially since the civil suits covered the same >ground. Of course, if Judge Smith throws out the civil >suits, filing these complaints remains an option for >Davidian survivors. > For information about ordering my book THE DAVIDIAN MASSACRE, >including steep discounts for a box >of books, contact me. Carol Moore cmoore@capaccess.org >202/635-3739. > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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