Jury: Govt. Not Responsible in Waco
by SHERRI CHUNN
Associated Press Writer
WACO, Texas (AP) -- A jury decided Friday that the government does not bear responsibility for the deaths of 80
Branch Davidians during the cult's 1993 standoff with federal agents. A federal judge will take the ruling into account
before delivering the verdict himself sometime later.
The five jurors deliberated for just 2½ hours in the $675 million wrongful-death lawsuit filed by surviving Branch
Davidians and relatives of those who were killed in the standoff.
The plaintiffs contended that the government should shoulder some blame for the botched raid that started the 51-day
standoff and the final day of the siege, when the cult's compound went up in flames.
But the jury found that the government did not use excessive force during the raid and was not negligent in violating a
plan by driving tanks into the compound. The panel also had been asked whether agents contributed to or spread the
fires or violated a directive to have firefighting equipment on the scene.
Through sometimes emotional testimony recounting the standoff, the government contended that agents were
ambushed by heavily armed Davidians in the raid and that suicidal members of the group set the fires themselves on the
final day.
On Monday, jurors heard audio tapes made inside the compound, in which unidentified Branch Davidians were heard
asking ''start the fire?'' and ''should we light the fire?''
''This was one of the most terrible and horrible events in our history and they want to come into court and ask you to
award them a judgment,'' U.S. Attorney Michael Bradford, who defended the government, said in closing arguments.
''That would be wrong. It would not be supported by anything that would be just and right.''
Plaintiffs' lawyers, including Ramsey Clark, who was attorney general during Lyndon Johnson's administration, said the
deaths of the cult members ''didn't have to happen and called the siege ''the greatest domestic law enforcement tragedy
in the history of the United States.''
''If the conduct of the ATF and the FBI was performed without excessive force and without negligence, then how in
the world did it end up with such unmitigated, disastrous effects?'' Clark said in closing arguments.
U.S. District Judge Walter Smith said he will take the jury's findings under advisement and render a verdict later,
possibly in August.
Before the trial, Smith ruled that the jury would not consider perhaps the most contentious issue -- whether federal
agents shot at the Davidians at the end of the siege. The judge said he will take up that issue before issuing his final
verdict.
The siege began on Feb. 28, 1993, when Alcohol, Tobacco and Firearms agents tried to search the complex and arrest
David Koresh, the cult's leader, on illegal weapons charges. Six Davidians and four ATF agents were killed in the
ensuing shootout.
The standoff ended April 19, 1993, with the deaths of some 80 men, women and children inside the compound from
either gunshots or from the flames that quickly engulfed the building hours into a tear-gassing operation designed to end
the siege.
Michael Caddell, an attorney for most of the plaintiffs, cited government documents that he said proves agents deviated
from their planned tear-gassing operation and took steps that put innocent people inside the compound, called Mount Carmel, in danger.
''This case is about the children at Mount Carmel, but it's too late to save those children,'' Caddell said. ''This case is
also about those other children ... the children that will be there with the next David Koresh. What you do will help
determine what happens to those children.''
In the audio tapes played in court Monday, a male voice inside the compound could be heard saying, ''Let's keep that fire going,'' as tanks rumbled in the background.
Federal agents were heard warning sect members of an impending tear-gassing operation and urged them to surrender.
On the same excerpt, a male voice was heard asking, ''Should we light the package?''
A day earlier, an unidentified male said, ''you always wanted to be a charcoal briquette ... There's nothing like a good
fire to bring us to the earth.''
The recordings were made with tiny eavesdropping devices hidden among supplies that were sent to the compound by
the government.
Attorneys for the plaintiffs had sought to have the tapes ruled inadmissible because the voices could not be identified. But Smith said it didn't matter exactly who was talking as long as it had been determined the voices were those of adult Davidians.
Separate from this case, Attorney General Janet Reno last September appointed former Missouri Sen. John Danforth as
special counsel to resolve unanswered questions about the final hours of the standoff.
A spokeswoman for Danforth, Jan Diltz, would not comment on Friday's decision, nor would she speculate on when Danforth might conclude his probe.
AP-NY-07-14-00 1648EDT<
by SHERRI CHUNN
Associated Press Writer
WACO, Texas (AP) -- A jury decided Friday that the government does not bear responsibility for the deaths of 80
Branch Davidians during the cult's 1993 standoff with federal agents. A federal judge will take the ruling into account
before delivering the verdict himself sometime later.
The five jurors deliberated for just 2½ hours in the $675 million wrongful-death lawsuit filed by surviving Branch
Davidians and relatives of those who were killed in the standoff.
The plaintiffs contended that the government should shoulder some blame for the botched raid that started the 51-day
standoff and the final day of the siege, when the cult's compound went up in flames.
But the jury found that the government did not use excessive force during the raid and was not negligent in violating a
plan by driving tanks into the compound. The panel also had been asked whether agents contributed to or spread the
fires or violated a directive to have firefighting equipment on the scene.
Through sometimes emotional testimony recounting the standoff, the government contended that agents were
ambushed by heavily armed Davidians in the raid and that suicidal members of the group set the fires themselves on the
final day.
On Monday, jurors heard audio tapes made inside the compound, in which unidentified Branch Davidians were heard
asking ''start the fire?'' and ''should we light the fire?''
''This was one of the most terrible and horrible events in our history and they want to come into court and ask you to
award them a judgment,'' U.S. Attorney Michael Bradford, who defended the government, said in closing arguments.
''That would be wrong. It would not be supported by anything that would be just and right.''
Plaintiffs' lawyers, including Ramsey Clark, who was attorney general during Lyndon Johnson's administration, said the
deaths of the cult members ''didn't have to happen and called the siege ''the greatest domestic law enforcement tragedy
in the history of the United States.''
''If the conduct of the ATF and the FBI was performed without excessive force and without negligence, then how in
the world did it end up with such unmitigated, disastrous effects?'' Clark said in closing arguments.
U.S. District Judge Walter Smith said he will take the jury's findings under advisement and render a verdict later,
possibly in August.
Before the trial, Smith ruled that the jury would not consider perhaps the most contentious issue -- whether federal
agents shot at the Davidians at the end of the siege. The judge said he will take up that issue before issuing his final
verdict.
The siege began on Feb. 28, 1993, when Alcohol, Tobacco and Firearms agents tried to search the complex and arrest
David Koresh, the cult's leader, on illegal weapons charges. Six Davidians and four ATF agents were killed in the
ensuing shootout.
The standoff ended April 19, 1993, with the deaths of some 80 men, women and children inside the compound from
either gunshots or from the flames that quickly engulfed the building hours into a tear-gassing operation designed to end
the siege.
Michael Caddell, an attorney for most of the plaintiffs, cited government documents that he said proves agents deviated
from their planned tear-gassing operation and took steps that put innocent people inside the compound, called Mount Carmel, in danger.
''This case is about the children at Mount Carmel, but it's too late to save those children,'' Caddell said. ''This case is
also about those other children ... the children that will be there with the next David Koresh. What you do will help
determine what happens to those children.''
In the audio tapes played in court Monday, a male voice inside the compound could be heard saying, ''Let's keep that fire going,'' as tanks rumbled in the background.
Federal agents were heard warning sect members of an impending tear-gassing operation and urged them to surrender.
On the same excerpt, a male voice was heard asking, ''Should we light the package?''
A day earlier, an unidentified male said, ''you always wanted to be a charcoal briquette ... There's nothing like a good
fire to bring us to the earth.''
The recordings were made with tiny eavesdropping devices hidden among supplies that were sent to the compound by
the government.
Attorneys for the plaintiffs had sought to have the tapes ruled inadmissible because the voices could not be identified. But Smith said it didn't matter exactly who was talking as long as it had been determined the voices were those of adult Davidians.
Separate from this case, Attorney General Janet Reno last September appointed former Missouri Sen. John Danforth as
special counsel to resolve unanswered questions about the final hours of the standoff.
A spokeswoman for Danforth, Jan Diltz, would not comment on Friday's decision, nor would she speculate on when Danforth might conclude his probe.
AP-NY-07-14-00 1648EDT<
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