In an effort to conclude the siege that was begun on February 28, 1993, the following agreement is made between David Koresh, a.k.a. Vernon Howell (KORESH) and the Bureau of Alcohol, Tobacco and Firearms and the Federal Bureau of Investigation (BATF/FBI), To wit:
1) A Special Independent Prosecutor will be named immediately, and shall be agreeable to both parties,
2) A Special Grand Jury shall be impaneled and shall have no members who are government employees or members of their families,
3) Both sides of the controversy will be represented when witnesses testify before the Special Grand Jury,
4) Counsel for each side shall be allowed to cross examine witnesses before the Special Grand Jury,
5) Counsel for each side will be allowed to present their interpretation of the laws at issue (Constitutional and Statutory),
6) There will be no arrests or jail until indictments are returned, with the exception below,
7) KORESH will submit to arrest, to the County Sheriff, for the pending arrest warrant (Criminal No. W-93-17M), and will be released immediately upon posting of a reasonable bail,
8) All members of the Branch Davidian Church will be released immediately, upon execution of this agreement,
9) The investigation of the "crime scene" will be conducted by the Texas Rangers, and all evidence shall be maintained and kept under control of the Texas Rangers. Any federal investigators that may be necessary during the course of the investigation shall be monitored by the Texas Rangers,
10) All members of the Branch Davidian Church will be allowed to live in a location of their choice until the completion of the investigation, and will be allowed to return to the Church Complex upon completion of the investigation,
11) There will be no Forfeiture of property under property forfeiture laws as a result of these events,
12) If it is determined that there is no probable cause by the Special Grand Jury, or if there were no wrongful acts as a result of a jury trial, full restitution will be made by BATF/FBI for all damages to property,
13) Any trials resulting from Special Grand Jury indictments shall be heard by a fully informed jury, and,
14) All proceedings shall be under the jurisdiction of the Texas Republic unless the Special Grand Jury determines that federal jurisdiction exists.
The above is agreed to by the parties indicated below on the dates shown.
JEFF JAMAR ___________________
for BATF/FBI
Date: _________________________
DAVID KORESH __/s/ Gary D. Hunt__
by GARY D. HUNT,
attorney-in-fact
Date: ___April 3, 1993_______
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