From: Gary Hunt at theOutpost of Freedom in Waco, Texas
Date: January 12, 1994 Phone: messages (407) xxx-xxxx
Davidian Trial, San Antonio, Texas
January 11-12, 1994 Day 2-3 Post 2
Jury selection was completed a day ahead of schedule on Tuesday. Wednesday the trial began with opening statements by all attorneys. The defense attorneys were limited to 15 minutes apiece with the exception of Steve Rosen who had thirty minutes because he represents two defendants, Kevin Whitecliff and Livingstone Fagan. Another case of Smith style justice, I suppose.
The first witness called was Texas Ranger David Byrnes, who was assigned as chief investigator back in early March. He testified that the Rangers were sworn in as U. S. Marshals which left them under the control of the U. S. Marshall Service during the siege. He also testified that he went to his superior in the Marshall Service and attempted to stop the destruction of evidence outside of the center, cars, bikes, etc., as soon as he found that evidence was being destroyed. He pointed out that trajectories could have been determined had the evidence remained in place. He also testified the U. S. Attorney Jahn was present for a meeting in which the gassing of the Davidians was decided. Jahn is now prosecuting attorney in the case. He also testified that he was lied to by two senior BATF agents when he questioned them about the events of the February 28 raid. The agents were subsequently ‘retired’ from the BATF. During cross-examination Byrnes was asked if he would have moved the vehicles with tanks if he were the FBI. He stated that he might have.
Kathy Schroeder, whose husband was killed and had her child taken away, is expected to testify against the Davidians even though she had been charged along with them. Kathy had agreed to ‘visit" a federal health facility, presumably for brain washing, after being told that with her going to the facility willingly she may never see her child again.
Prosecution introduced some physical evidence at the trial today. Submitted were 8-10 AR-15 barrels and what appeared to be a Barrette light 50 barrel. The barrels were all that remained of the weapons as a result of the fire. Also introduced was a fire extinguisher. It is not yet known what the purpose of this piece of evidence is.
Word from Montana is that FIJA (Fully Informed Jury Association) has gotten FIJA information into the hands of all of the potential jurors. We are attempting to confirm this information. More word from Montana is that Red Beckman of Billings, Montana, has been informed that the IRS will attempt to seize his 16 acre homestead on January 30, 1994. Red has said that any who wish to come to Montana for the event will not be discouraged.
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