http://www.accesswaco.com/auto/feed/news/local/2000/01/24/948775839.08003.2763.0075.html
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>"In terms of forcing the government to admit certain things, that would not have happened unless McNulty got in to see the evidence. It was definitely the right thing to do. As a prosecutor, ideally you try to seek the truth, not necessarily just what's good for your side. That may sound corny, but that's what I believe."[/quote]
Johnston to quit as U.S. attorney
By MARK ENGLAND Tribune-Herald staff writer
Bill Johnston, Waco's longtime federal prosecutor who became embroiled in controversy over the latest flare-up of the Branch Davidian case, will submit his resignation today.
Johnston said he will practice civil law in Waco, sharing an office with former McLennan County prosecutor Susan Kelly at the Triangle Tower, and work on what he called "projects" with several other local attorneys.
"I feel like I really need a break," Johnston said. "I started prosecuting when I was 23. I'm now 40. I love prosecuting. The response I received last week from Mr. (Ezra) Griffin's family after we got the conviction on Darren Law, that's what it's all about. But I feel like I'm at a point of transition in my life and need to do something else so I'm not completely burned out on prosecution."
Law was convicted in Waco's federal court of a carjacking resulting in death.
A fallout last year with Justice Department officials greatly influenced his decision to submit his resignation, to take effect in two weeks, Johnston admitted.
"There's no secret I've been frustrated by the Department of Justice," Johnston said. "The vast majority of people in the agency are great people. But at the leadership level, I feel some people have been less than forthright."
Johnston — who helped prosecute many of the surviving Branch Davidians in 1994 — drew flak from many inside the Justice Department last spring when he allowed Mike McNulty, one of the producers of the Oscar-nominated "Waco: Rules of Engagement," to tour a locker where Davidian evidence was stored.
McNulty reported finding FBI projectiles that he contended were capable of starting a fire.
Later, Johnston wrote a letter to Attorney General Janet Reno warning of a possible cover-up within the Justice Department regarding the use of pyrotechnic devices at Mount Carmel.
Last year, for the first time, the FBI publicly acknowledged firing pyrotechnic tear gas canisters at the Davidian compound several hours before the fire that led to the deaths of David Koresh and 75 followers. But Johnston found himself snared in the breaking story when notes by a paralegal indicated Johnston was at a meeting prior to the 1994 trial where the use of pyrotechnic devices was discussed.
Johnston acknowledged being at the meeting. But he told reporters that he doesn't recall the discussion.
"No one knows how all this will come out, but I have no regrets," Johnston said. "In terms of forcing the government to admit certain things, that would not have happened unless McNulty got in to see the evidence. It was definitely the right thing to do. As a prosecutor, ideally you try to seek the truth, not necessarily just what's good for your side. That may sound corny, but that's what I believe."
Johnston said letting McNulty see the Davidian evidence and writing Reno led to a breach with his boss, U.S. Attorney James Blagg of San Antonio, and others.
"It created an awkwardness obviously with our own office in San Antonio and the Department of Justice," Johnston said. "I'd like to think it didn't affect the way they dealt with us. We wanted to prosecute Darren Law for murder. That was turned down, but I've got to believe they were professional enough not to let that affect their decision."
Reno, after receiving a negative recommendation from a Justice Department death-penalty review committee, ruled against the Waco office last fall.
After graduating from Baylor University's Law School, Johnston began his law enforcement career in Waco as a prosecutor in the McLennan County district attorney's office. He later became the Waco Police Department's legal adviser.
In 1987, Johnston was chosen to head up the first U.S. attorney's office in Waco.
He acknowledges his association with the Branch Davidian case will be what most people remember him for, but Johnston said he takes the most satisfaction from helping to find the bodies of several victims of serial killer Kenneth Allen McDuff and helping found the governor's fugitive squad.
"That entity, which has been renamed, has done a great job catching of parolee fugitives," Johnston said. "I'll always be proud of helping establish it."
Johnston said he worked with deputy U.S. marshals Parnell McNamara, Mike McNamara and others for years trying to persuade McDuff to disclose the whereabouts of his victims' remains. An informant finally led authorities to the bodies of Regina Moore and Brenda Thompson.
But federal officials had to enlist McDuff's help to find the body of Colleen Reed, the accountant kidnapped from an Austin car wash.
"He didn't do it because he was a nice person, or he had regrets," Johnston said. "One reason he did it was because he liked to talk."
McDuff also wanted five years knocked off the 15-year prison sentence of his nephew, Michael Wayne Royals. Subsequently, McDuff took authorities to a site four miles southwest of Marlin. He led Johnston and others to Reed's burial site, although McDuff was shackled and never got out of the police car carrying him, Johnston said.
"I didn't think McDuff was going to cooperate," Johnston said. "He was set to be executed. If we didn't get it done quickly, it wouldn't have ever been done. We had gotten to know a lot of the families. I felt an obligation to find Lori Bible's sister (Colleen Reed). The families felt like they couldn't close that chapter of their lives until they knew where the bodies of their loved ones were. They wanted to have a funeral and go on with their lives."
Last fall, both Johnston and Blagg, his supervisor, were recused from the Branch Davidian case by U.S. District Judge Walter S. Smith Jr. of Waco. Blagg requested the recusals.
Johnston said he had been thinking about quitting for about two years.
"I would just say it recently became a question of not if but when," Johnston said.
Despite the contentiousness of recent months, Johnston is not ruling out a return to life as a prosecutor.
"If given an opportunity in a more positive environment, I might like to get back into law enforcement," Johnston said.
Mark England can be reached at mengland@wacotrib.com or 757-5744.
------------------
Keep yer stick on the ice.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>"In terms of forcing the government to admit certain things, that would not have happened unless McNulty got in to see the evidence. It was definitely the right thing to do. As a prosecutor, ideally you try to seek the truth, not necessarily just what's good for your side. That may sound corny, but that's what I believe."[/quote]
Johnston to quit as U.S. attorney
By MARK ENGLAND Tribune-Herald staff writer
Bill Johnston, Waco's longtime federal prosecutor who became embroiled in controversy over the latest flare-up of the Branch Davidian case, will submit his resignation today.
Johnston said he will practice civil law in Waco, sharing an office with former McLennan County prosecutor Susan Kelly at the Triangle Tower, and work on what he called "projects" with several other local attorneys.
"I feel like I really need a break," Johnston said. "I started prosecuting when I was 23. I'm now 40. I love prosecuting. The response I received last week from Mr. (Ezra) Griffin's family after we got the conviction on Darren Law, that's what it's all about. But I feel like I'm at a point of transition in my life and need to do something else so I'm not completely burned out on prosecution."
Law was convicted in Waco's federal court of a carjacking resulting in death.
A fallout last year with Justice Department officials greatly influenced his decision to submit his resignation, to take effect in two weeks, Johnston admitted.
"There's no secret I've been frustrated by the Department of Justice," Johnston said. "The vast majority of people in the agency are great people. But at the leadership level, I feel some people have been less than forthright."
Johnston — who helped prosecute many of the surviving Branch Davidians in 1994 — drew flak from many inside the Justice Department last spring when he allowed Mike McNulty, one of the producers of the Oscar-nominated "Waco: Rules of Engagement," to tour a locker where Davidian evidence was stored.
McNulty reported finding FBI projectiles that he contended were capable of starting a fire.
Later, Johnston wrote a letter to Attorney General Janet Reno warning of a possible cover-up within the Justice Department regarding the use of pyrotechnic devices at Mount Carmel.
Last year, for the first time, the FBI publicly acknowledged firing pyrotechnic tear gas canisters at the Davidian compound several hours before the fire that led to the deaths of David Koresh and 75 followers. But Johnston found himself snared in the breaking story when notes by a paralegal indicated Johnston was at a meeting prior to the 1994 trial where the use of pyrotechnic devices was discussed.
Johnston acknowledged being at the meeting. But he told reporters that he doesn't recall the discussion.
"No one knows how all this will come out, but I have no regrets," Johnston said. "In terms of forcing the government to admit certain things, that would not have happened unless McNulty got in to see the evidence. It was definitely the right thing to do. As a prosecutor, ideally you try to seek the truth, not necessarily just what's good for your side. That may sound corny, but that's what I believe."
Johnston said letting McNulty see the Davidian evidence and writing Reno led to a breach with his boss, U.S. Attorney James Blagg of San Antonio, and others.
"It created an awkwardness obviously with our own office in San Antonio and the Department of Justice," Johnston said. "I'd like to think it didn't affect the way they dealt with us. We wanted to prosecute Darren Law for murder. That was turned down, but I've got to believe they were professional enough not to let that affect their decision."
Reno, after receiving a negative recommendation from a Justice Department death-penalty review committee, ruled against the Waco office last fall.
After graduating from Baylor University's Law School, Johnston began his law enforcement career in Waco as a prosecutor in the McLennan County district attorney's office. He later became the Waco Police Department's legal adviser.
In 1987, Johnston was chosen to head up the first U.S. attorney's office in Waco.
He acknowledges his association with the Branch Davidian case will be what most people remember him for, but Johnston said he takes the most satisfaction from helping to find the bodies of several victims of serial killer Kenneth Allen McDuff and helping found the governor's fugitive squad.
"That entity, which has been renamed, has done a great job catching of parolee fugitives," Johnston said. "I'll always be proud of helping establish it."
Johnston said he worked with deputy U.S. marshals Parnell McNamara, Mike McNamara and others for years trying to persuade McDuff to disclose the whereabouts of his victims' remains. An informant finally led authorities to the bodies of Regina Moore and Brenda Thompson.
But federal officials had to enlist McDuff's help to find the body of Colleen Reed, the accountant kidnapped from an Austin car wash.
"He didn't do it because he was a nice person, or he had regrets," Johnston said. "One reason he did it was because he liked to talk."
McDuff also wanted five years knocked off the 15-year prison sentence of his nephew, Michael Wayne Royals. Subsequently, McDuff took authorities to a site four miles southwest of Marlin. He led Johnston and others to Reed's burial site, although McDuff was shackled and never got out of the police car carrying him, Johnston said.
"I didn't think McDuff was going to cooperate," Johnston said. "He was set to be executed. If we didn't get it done quickly, it wouldn't have ever been done. We had gotten to know a lot of the families. I felt an obligation to find Lori Bible's sister (Colleen Reed). The families felt like they couldn't close that chapter of their lives until they knew where the bodies of their loved ones were. They wanted to have a funeral and go on with their lives."
Last fall, both Johnston and Blagg, his supervisor, were recused from the Branch Davidian case by U.S. District Judge Walter S. Smith Jr. of Waco. Blagg requested the recusals.
Johnston said he had been thinking about quitting for about two years.
"I would just say it recently became a question of not if but when," Johnston said.
Despite the contentiousness of recent months, Johnston is not ruling out a return to life as a prosecutor.
"If given an opportunity in a more positive environment, I might like to get back into law enforcement," Johnston said.
Mark England can be reached at mengland@wacotrib.com or 757-5744.
------------------
Keep yer stick on the ice.