-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

From:

http://www.accesswaco.com/auto/feed/news/local/2000/01/29/949181398.08003.09
71.0489.html

FBI employees dispute government's explanation for actions at
Mount Carmel

By MARK ENGLAND Tribune-Herald staff writer

FBI employees dispute the government's official explanation for
ripping apart the Branch Davidians' gym as detailed in the
Department of Justice's 1993 report on Mount Carmel, according to
depositions taken for the wrongful-death lawsuit filed by
surviving members of the group.

In its report, the Justice Department gave two reasons why a
Combat Engineering Vehicle (CEV) - described as a modified Patton
tank - tore through the back of the Davidian compound, causing
the gym to partially collapse.

Escape routes were being opened for Davidians to flee Mount
Carmel and the gym was being opened for the eventual insertion of
tear gas, according to the "Report to the Deputy Attorney General
on the Events at Waco, Texas: February 28 to April 19, 1993."

But an FBI agent riding in the CEV that plowed through the gym
said in a recent deposition the crew was ordered to try to find a
way to get to a tower at the back of the compound, where
supervisors apparently believed the Davidians had retreated to
escape the tear gas attack.

"You were not ordered to breach the rear side of the building to
create escape openings," plaintiffs' attorney Mike Caddell of
Houston asked in the deposition. "You were ordered to clear this
path to the tower, correct?"

"Correct," said the CEV passenger, identified only as FBI witness
No. 7 to comply with the order by U.S. District Judge Walter S.
Smith Jr. of Waco not to divulge the identities of government
witnesses.

"What was the purpose of this path if it was cleared, or when it
was cleared?" Caddell asked.

"To effectively deliver gas to that tower area of the building
where it was believed we were not getting gas," the CEV passenger
said.

The Justice Department did not answer the Tribune-Herald's
request for an explanation of the discrepancy between the
testimony of FBI agents and its report.

In the 1993 report on Mount Carmel, the Justice Department
emphasized the purported forging of escape routes on the
compound's backside. In one instance, the report noted that after
the CEV toppled a wall in the gym, FBI negotiators broadcast:
"David, we are facilitating you leaving the compound by enlarging
the door. David, you have had your 15 minutes of fame. Vernon is
no longer the Messiah. Leave the building now."

Vernon Howell was David Koresh's name before he legally changed
it.

An FBI agent piloting a surveillance plane over Mount Carmel
testified in his deposition that the people flying with him
remarked that the Davidians would have to flee their compound
because it was being demolished.

"I recall some remarks that were made while, you know, 'People
were going to have to get out pretty soon because it's going to,
you know, the things are being kind of, during the penetrations,
being taken away from them...,'" the FBI pilot said.

Caddell accused the FBI of speeding up its plan to demolish the
Davidian compound.

The Justice Department report stated that if after 48 hours the
FBI's tear-gas assault failed to drive the Davidians out of Mount
Carmel, a modified CEV was to begin demolishing the building. The
demolition would continue until all the Branch Davidians had been
located, the report stated.

"You were systematically demolishing the gym bit by bit," Caddell
said to the CEV passenger. "You were tearing it down, weren't
you?"

"No, we were not destroying the building," the CEV passenger
said. "We were very..."

"You don't call that building destroyed?" Caddell asked.

"Portions of it," the CEV passenger said.

FBI witness No. 13, who drove the CEV, testified in his
deposition about the modified CEV that he said the FBI had rigged
up to demolish Mount Carmel.

"It was another CEV that had basically, what had been done was a
railroad, a stanchion of railroad was welded to the blade itself,
extending three feet on either side of the blade, and it was
going to be used to drive along the side of the building,
basically cutting the studs away and the sheetrock away, so we
could actually see into the front sides of the building in hopes
that they would come out when they were in plain view at that
point," the CEV driver said.

Caddell asked, "How would the gym have looked any different if
you had attacked it with the railroad CEV as opposed to the CEV
you had?"

"I have no idea," the CEV driver said. "We never got to that part
of the plan. I mean, in hindsight, it could have very well been
the exact same result. But my plan at that point was not to
destroy the gymnasium."

The agent riding in the CEV said the FBI could have quickly
destroyed the entire compound if that was its plan.

"I think in no time at all the collateral destruction that you
see on the empty gymnasium area would be the entire compound,"
the CEV passenger. "I mean these are large powerful vehicles."

Caddell asked the agent if he remembered advising the FBI's
Hostage Rescue Team, "CEV working black (or back) side. It's
coming down."

The CEV passenger said no.

Caddell asked if that transmission wasn't more consistent with
"disassembling" the building rather than clearing a path to the
tower.

"I would say if somebody was talking about a structure that was
in their path, the fact that it was coming down would indicate
that it was no longer being an obstacle to the forward movement,
so I don't think it necessarily follows what you are saying," the
CEV passenger said.

Caddell asked the agents why the CEV eventually backed off trying
to muscle its way to the tower.

The CEV driver said he could see the tops of 55-gallon drums at
the end of the gym, indicating a drop-off to him. He testified
that he didn't approach the drums for fear of getting stuck.
Saying there was no drop-off, Caddell asked if the CEV driver had
not known that.

"I don't know that for a fact because I never got back there,"
the CEV driver said.

He denied Caddell's assertion that the holes made by the CEVs
could have served as openings for agents on foot to enter the
compound.

"They had told them we weren't going to make entry into the
building, and we didn't," the CEV driver said.

Caddell asked if the CEV entered the building.

"The vehicle did," the CEV driver said. "Absolutely."

"Well, you were inside the vehicle, weren't you?" Caddell asked.

The passenger in the CEV told Caddell that he didn't think the
Davidians would see the FBI's actions as hostile and start firing
weapons - which led to the FBI escalating its insertion of tear
gas into Mount Carmel.

"I was actually very surprised when we were shot at," the CEV
passenger said. "I mean, you've got to keep in mind we were here
50 some days and there had been no exchanges and no shooting. And
I especially felt with the notification and the negotiators
talking to them and explaining what was going on, that they would
not shoot. Didn't see where that would be the logical step."

Mark England can be reached at [EMAIL PROTECTED] or 757-5744.



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