Judge sets hearing for infrared expert to testify
8.44 p.m. ET (057 GMT) August 11, 2000
DALLAS (AP) � The judge deciding Branch Davidians' wrongful death
lawsuit against the government said Friday he has changed his
mind and will order a court-appointed expert to testify on
whether FBI agents shot at the Waco compound the day it burned.
An advisory jury determined last month that the government was
not responsible for the deaths of some 80 Davidians in the 1993
raid, but Judge Walter Smith has yet to make a final ruling in
the case.
Smith had barred from the trial a study of infrared images taken
by an FBI surveillance camera on the final day of the 51-day
standoff, saying he wanted court-appointed expert David Oxlee to
review the study's findings before admitting it into court.
The British firm Vector Data Systems Ltd., which conducted the
study, concluded flashes on the tape were reflections from
sunlight, not gunfire as Davidian survivors and family members of
those killed had claimed.
Smith on Friday set a Sept. 18 hearing for Oxlee to testify about
the findings.
Smith had originally decided against requiring Oxlee to come from
England to testify after plaintiff's attorney Michael Caddell
said he wouldn't participate in the hearing.
Plaintiff's co-council Ramsey Clark is now scheduled to question
Oxlee at the hearing, Smith said Friday.
Caddell could not immediately be reached for comment by The
Associated Press.
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