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Contra Mundum - A Reformed Cultural Review - New Series
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Jack Kettler
Thoughts on Waco: A Remembrance
Copyright � 1998 Jack Kettler


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As a Reformed believer who was converted out of Mormonism I try to always
praise God for the gospel and his saving grace. The preaching of the gospel
and God's effectual calling are sufficient reasons to leave the conversion
of souls in God's control. This is the major reason I have always been
against the forced deprogramming of individuals in aberrational religious
groups. What happened at Waco was far worse than a forced deprogramming. It
has been difficult to sort out all the issues involved in the Waco case
because of my substantial theological disagreements with Branch Davidian
theology. The teachings of the Bible give us the basis for many of our
present day civil laws. One law in particular is relevant and is found in
Deut. 17:6. Two witnesses are required to convict someone of a crime that
results in the death penalty. If the state acts, it must be governed by a
Biblically based judicial process. The process of Biblical justice was
completely subverted at Waco. Please bear with my thoughts and emotions.
The violations of the law by agents of our government at Waco, Texas, are
almost beyond comprehension. The present cover-up by high officials in the
Treasury and Justice Departments, along with numerous agents within the
Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco and
Firearms (BATF) has come very close to succeeding. In my opinion, the
actions of the federal government agents at Waco constitute the worst abuse
of law enforcement power in the history of our nation. Americans witnessed
death and the destruction of the Constitution at Waco. The following items
stand out in my mind as unconscionable criminal violations of American civil
liberties.

The Branch Davidians have civil and constitutional protections enjoyed by
all Americans, yet those rights were trampled on and destroyed by agents of
our government. Women and young children were fired upon through the roof of
their house by government agents from helicopters on Feb. 28, 1993.
Attorneys (Dick DeGuerin and Jack Zimmermann) for David Koresh and Steve
Schneider (Davidian leaders) had been inside Mt. Carmel during the siege.
Both men have provided eye witness testimony to the five hundred rounds
fired through the roof by agents in the helicopters.

Many people have heard portions of what are known as the "911" tapes. These
tapes are truly bone chilling: You can hear the terror in the voice of
Branch Davidian Wayne Martin as he calls for help and pleads for the attack
to be called off. A significant fact is that while listening to the
recording you hear Wayne Martin say "I have a right to defend myself." Why
was the jury in the San Antonio trial of the Davidians not allowed to hear
this portion of the tape?

James L. Pate, a reporter who has written for several publications such as
the New York Daily News and Soldier of Fortune , has hard evidence that
United States special military forces helped train BATF agents for the raid
on the Branch Davidians before a search warrant was issued. Members of the
special forces actually accompanied BATF agents the day of their assault on
the Branch Davidians. Most Americans watched on television as tanks and
Bradley fighting vehicles surrounded and terrorized U.S. citizens. The
strict rules forbidding the U.S. military from engaging in a police action
against American citizens were violated because of the fabrication by BATF
agents that the Branch Davidians were manufacturing illegal drugs. This is a
clear violation of the Posse Comitatus Act. A Congressional inquiry is in
order.

Another area of shocking violation of civil liberties is that of the alleged
attempt by BATF to serve a warrant. The BATF agents have never gotten their
story straight on what type of warrant they obtained. Was it a search or
arrest warrant? The way this warrant was issued is highly irregular and
deserves a special investigation in itself. Ken Maynard, FBI special agent
(Ret.) has analyzed BATF agent Davy Aguilera's probable cause affidavit, and
says this: "There was not even one fact in the probable cause affidavit by
the BATF stating that a violation had or was taking place at Mt. Carmel.
There was insufficient evidence to issue a warrant." Why did BATF agents
refuse Koresh's offer for them to come on out and look around? Henry
McMahon, owner of Hewitt Arms, confirms this. BATF agents were in his store
at the time of the offer.

Why was Sunday chosen for this raid? It was well known that this is when the
greatest number of people would be at Mt. Carmel. If the BATF had an arrest
warrant, why not pick Koresh up when he was in town or out jogging? If the
BATF had a search warrant, why not go to the complex in the daytime during
the week? A number of children would be off the property at school. A number
of adults would also have been in town at work. If a problem did develop,
the risk of injury to innocent parties would also have been greatly
minimized. Where was the concern for the children in the planning for such a
raid? KPOC-TV of Ponca City, Oklahoma, has discovered that the BATF did not
even have a warrant with them when they attacked Mt. Carmel.

Who fired first? BATF Agent Roland Ballesteros made two statements ten days
after the raid to the Texas Rangers, saying that the BATF shot first, with
no warning. The bullet holes in the front door of the Mt. Carmel center
proves who fired first. The BATF said they arrived at the front door and
David Koresh came out. The BATF said they announced who they were and that
they had a search warrant. At this point Koresh allegedly slammed the door
and the Davidians began shooting at the agents through the front door.
Unfortunately, the BATF lost (or destroyed) this crucial piece of evidence.
It is clear from photographic evidence that the bullet holes in the door
were all entry holes fired by the BATF agents into Mt. Carmel. This door was
not destroyed in the fire: It mysteriously disappeared and was not available
to the Branch Davidian defense team in San Antonio.

Many have blamed those inside Mt. Carmel for not leaving. Could the Branch
Davidians have left if they wanted to? According to special correspondent
Ken Fawcett, who covered the San Antonio trial, "He [Mike Tolouse, member of
the misnamed FBI hostage rescue team] was asked if flash grenades were used
to keep people from coming out of Mt. Carmel. His reply was "Yes, many
times, including Mar. 10 and April 19th' [day of the fire]." It is a well
known fact that the FBI had sniper nests set up around the Mt. Carmel
center. This created tremendous fear for those inside. In the Department of
Justice report on page twenty we learn: On March 25, 1993, Steve Schneider
was told by the FBI negotiators that no one would be allowed to come outside
the compound.

There is strong evidence that members of the church were shot by FBI snipers
on the east side of the building (away from the cameras) as they tried to
escape the lethal amounts of Orthocholorbenzylidene Malononitrile (CS) gas
that was sprayed in, and the ferret rounds that were fired into the
building. The FBI agents responsible for this murderous act were stationed
in the "Sierra Two" sniper's nest. Mike McNulty, chairman of Citizens
Organization For Public Safety, has "Forward Looking Infra-Red" (FLIR) film
taken from an airplane flying above Mt. Carmel to support this allegation.
This shooting happened around 10:30 in the morning.

The death of Jimmy Riddle confirms this. Riddle was killed with a high
powered rifle bullet to the head. His body was found a few feet from
Koresh's body. Koresh's body was burned so badly that it was almost
impossible to determine who it was. Jimmy Riddle's body was not burned. This
is because of the dirt that covered his body. Mr. McNulty believes he can
substantiate the theory that the tanks, equipped with scoop blades, pushed
dirt and some of the Davidians who were gunned down back into the building.
This would explain Riddle's body being covered with dirt and not burning.

On April 19, 1993, the Branch Davidians, women and children included, had
lethal levels of CS gas along with the combustible dispersal agent methylene
chloride pumped into their church-home for six straight hours. Branch
Davidian church members were crushed by tanks driving into the building.
Women and children were crushed and buried alive (Judy Schneider, 41 and
Audrey Martinez, 13) as a result of the tanks collapsing the building down
upon them. Did one of the tanks collapse part of the building down upon the
entrance to the concrete walk-in cooler, trapping thirty eight women and
children from any hope of escape? Did this same tank collapse a section of
the walk-in cooler's ceiling, crushing to death a number of women and
children? Why did the tanks collapse the stairways? This trapped people on
the second floor from being able to escape the building once the fire
started. The entrance to the underground shelter was also destroyed. This
eliminated another avenue of escape.

Who started the fire? The fire started as the result of the criminally
negligent methods of dispersing the deadly CS gas (pyrotechnic ferret
rounds). Mike McNulty has "Forward Looking Infra-Red" (FLIR) film that
proves the fire started in the section of the building called the "dog run"
due directly to a pyrotechnic device. The shell casing to this devise has
been recovered and identified. Another fire started after a tank knocked
over a lantern. Pyrotechnic devices have started fires on numerous
occasions. Page sixty three of the S.W.A.T. team manual says that some
pyrotechnic devices will start fires. FBI agent Mike Tolouse admitted that
"flash grenades" were used at Mt. Carmel. According to James Bovard, a
nationally known writer, "the FBI's plan was to immediately and totally
immerse the place in gas, and throw in flash-bangs." Col. Rex Applegate, who
invented the ferret round, said, "Any flash-bang [grenade] will start
fires." Col. Applegate is not sure how the fire started. He says: "It could
have been a flash-bang, or a pyrotechnic device that was shot in there."
Most disturbing of all is that the (FLIR) tape or film gives strong evidence
that after the fire started government agents from two locations outside the
cafeteria fired automatic gunfire into the building thus preventing the
Davidians from escaping the conflagration. Approximately forty Davidians
died in the cafeteria area.

According to Aldrich Chemical Company, in their Manufacturing Safety Data
Sheet (MSDS) it is clear how dangerous CS can be. CS is highly flammable and
explosive when concentrated within closed quarters. There are strict
warnings not to use CS indoors because of the danger of a fire caused by
something as small as an electrical spark. When CS burns, it emits carbon
monoxide, hydrogen cyanide and hydrogen chloride gases. A number of the
Davidian autopsies reveal lethal levels of cyanide poisoning in their
bodies.

It is a well-known fact that the government knew the Davidians were using
kerosene lanterns twenty four hours a day. The FBI had shut off the water.
Pumping flammable substances in upon women and children with these types of
conditions is an unforgivable atrocity. KPOC-TV has provided valuable
information concerning the misuse of CS and the terrible consequences this
caused inside the Mt. Carmel center. It is also a fact that when you put
water on burning CS you will create a deadly hydrogen cyanide cloud that may
travel for some distance. Is this why federal agents kept the fire trucks
away until after the entire structure had completely burned down? If so,
then it is an inescapable conclusion that the FBI and BATF had read the
Aldrich Chemical company's MSDS report and knew what the results would be.

At 6:30 a.m. April 19th, the morning of the gas and tank attack, the
Davidians put a white flag out a window and began waving it. The attack
continued. At 9:07 the Davidians displayed a banner that read "we want our
phone fixed." Eight minutes later, a government tank rammed through the
front door.

These two facts were reported in Dirk Johnson's "Death in Waco" in The New
York Times April 22, 1993. American citizens used a universally understood
sign pleading for the attack to stop. They asked for communications to be
restored. What would happen to an American military commander who refused to
recognize this sign of surrender on the part of an enemy in battle? Numerous
times during the siege the Davidians plead with the press to intervene on
their behalf. The lack of concern on the part of the press for these
requests is absolutely shameful.

Government agents destroyed and tampered with evidence at Mt. Carmel. The
Davidian vehicles were crushed by tanks. These vehicles were crucial for the
Davidian defense. The lack of bullet holes in the vehicles would have
provided important proof that BATF agents were not receiving heavy fire from
those inside. Tanks pushed sections of the building into the fire. An FBI
agent admitted that some of the weapons submitted into evidence against the
Davidians were left at Mt. Carmel by the BATF. The company Failure Analysis
was not allowed to inspect the Davidian weapons that were recovered after
the fire. Why? Were some of these guns converted to full-auto after the
fire? The government lied about the type of gas used on the Davidians and
the toxicology reports were falsified to hide the cyanide poisoning. The
FBI's five hundred page plan for inserting gas into the Davidian home which
they provided to Attorney General Janet Reno did not mention the possibility
of a fire. Why? Is this criminal negligence? Why did Attorney General Janet
Reno approve this plan with no contingency for putting out a fire? Why has
the government refused the Davidian defense attorney's request to allow
Failure Analysis to examine the tape recordings on the day of the fire? Have
these recordings been altered? It is a fact that government agents cut out
crucial portions of film taken on April 19, 1993. The missing film, in all
probability, proves McNulty's thesis that Davidians were shot while trying
to escape.

The trial of the Branch Davidians in San Antonio is another travesty of
justice. Jack Devault, Major USAF (Ret.) has written The Waco Whitewash.
This book deals primarily with events at the trial of the Davidians charged
with conspiring to murder federal agents. Devault argues that federal judge
Walter Smith rigged the trial in order to obtain convictions. It is time for
the Branch Davidians suffering unjustly in prison to be set free. Jury
foreman, Sarah Bain has fought tirelessly for the release of the Davidian
prisoners. She pleaded for leniency for the Davidians at their sentencing.
She collapsed when the judge, contrary to the wishes of the jury, issued
forty year sentences in most cases.

It is easy to recall the many press conferences in which the Branch
Davidians were called cultists by the FBI and BATF spokesmen. Have FBI and
BATF agents taken special theological training to make this determination?
Is this the role of either of these agencies? Articles One, Two, Four, Five,
Six, Nine, and Ten of the Bill of Rights were violated by agents of the
federal government. Who will answer for these crimes? Who will answer from
the military for their involvement in this terrible crime? Can the U.S.
Congress escape blame for the inept Waco hearings in 1995? The five minute
questioning rule insured that no meaningful line of questions would develop.
When will Congress appoint a special prosecutor with full subpoena powers?

The new riveting documentary film Waco: The Rules Of Engagement addresses
many of the questions that Americans have been asking. The film is unique in
that it lets the viewers draw their own conclusions. "Waco" has been
screening at film festivals since its premier this year in January at Robert
Redford's 1997 Sundance Film Festival. The San Francisco Chronicle called
Waco "one of the most disturbing films you'll ever see." Siskel and Ebert
have given the film "two thumbs up." The film has been nominated and is in
competition for best documentary of the year. It is common during screenings
of "Waco" for people in the audience to be openly sobbing as they witness
the brutal government assault and the close up shots of mutilated burned
bodies and the terribly contorted (the result of cyanide poisoning) body of
a young girl. Sarah Thompson, M.D. after seeing Waco at the Sundance
Festival felt compelled to review the film. In her review she cites film
director William Gazecki's words "This movie is about looking under rocks
and finding what we never wanted to know." "The result is an extremely
disturbing film that should be required viewing for all Americans." She
closes her review of the film with these insightful thoughts: "Remember that
this is NOT about partisan politics, Right vs. Left, gun rights, or other
divisive issues. It is about our unalienable Constitutional rights to
religious freedom, freedom from unreasonable search and seizure, and above
all the freedom not to be murdered by our own government. As the Talmud
commands: "Thou shalt not stand idly by the blood of thy brother."
Information about future screenings of Waco and reviews can be found at
http://www.waco93.com. Religious and civil liberties stand or fall together.
Let us pray that God may once again give us rulers who govern in the fear of
the Almighty.



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Mr. Kettler is the Chairman of the Waco Committee with Citizens for the
Constitution and a Ruling Elder in the Orthodox Presbyterian Church. Mr.
Kettler is also vice-chairman of Leaders for Liberty and a member of the
John Birch Society.


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Sources
Books:
1. Carol Moore, The Davidian Massacre, (Springfield: Legacy Communications &
Gun Owners Of America, 1995).

2. Jack DeVault, The Waco Whitewash, (San Antonio: Rescue Press, 1994).

3. Dick J. Reavis, The Ashes Of Waco, (New York: Simon & Schuster, 1995).

4. James D. Tabor, and Eugene V. Gallagher, Why Waco? Cults and the Battle
for Religious Freedom in America, (Berkeley: University of California Press,
1995).

5. David Koresh, The Decoded Message of the Seven Seals of the Book of
Revelation, (Texas: publisher unknown, 1993). This copy was given to me by
Branch Davidian fire survivor David Thibodeau.

Newspaper and Magazine Articles:

James Bovard, "Convoluted trail of Waco explanations." The Washington Times
(April 1995)

___________, "Waco Must Get a Hearing." The Wall Street Journal (May 1995).

James Pate, "Judgment Day." Soldier Of Fortune (June 1994).

Peter Maas, "What Might Have Been." Parade Magazine ( February 1994).

David Chilton, "That dangerous cult in Waco." World (May 1993).

Video and Television:

KPOC-TV, The Waco Incident, (Ponca City, Oklahoma) 1994.

PBS "Frontline" Waco: The Inside Story. Scott Malone, investigator, 1995.
Audio Tapes: "Mt. Carmel 911 tapes" Mt. Carmel Survivors Memorial Fund Inc.
(Axtell, Texas) 1993.

"The Last Recorded Words Of David Koresh" April 16 & 18, 1993. Supplied by
David Thibodeau.

Reports:

Volumes 1- 4 Autopsies Of Branch Davidians At New Mt. Carmel Waco, Texas.
Chemical Report On "CS" Agent.

Overview And General Information Of Criminal Negligence By Agents of federal
government.

These reports were prepared by KPOC TV of Ponca City, Oklahoma and
graciously given to me by the owner and general manager, David Hall.

Special Assistance:

Mike McNulty, the producer of the documentary film Waco: The Rules Of
Engagement has provided numerous details concerning the Waco investigation.
David Thibodeau provided important details concerning the events surrounding
April 19, 1993 at one of his speaking engagements.



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