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From:

http://www.washingtonpost.com/wp-srv/WPcap/2000-01/19/079r-011900-idx.html

New Evidence on Waco?
Lawyers Suggest Delta Force Fired on Davidians

By Lorraine Adams and David A. Vise
Washington Post Staff Writers

Wednesday, January 19, 2000; Page A10

Attorneys for Branch Davidians suing the federal government over
the deadly siege near Waco, Tex., say they have developed
evidence that suggests a Delta Force agent may have fired on the
compound, according to filings made yesterday in the case.

The attorneys cited depositions of Delta Force agents taken last
month in Washington and a "growing number of independent experts"
who have identified gunfire from government positions on April
19, 1993, when fire engulfed the compound and 75 people perished.

They also filed a motion in U.S. District Court in Waco asking
the judge in the case to compel the Defense Department to answer
an interrogatory it has failed to answer after repeated requests:
whether Defense Department agents fired at the compound.

The question was first posed to the government in August 1999.
The FBI responded in September, saying that "no person in the
employment of the FBI or under the supervision, direction, or
control of the FBI, directed gunfire at the Branch Davidians."

Since then, in a series of letters and phone calls, Justice
Department lawyers have promised they would supplement their
original answer, but so far they have been unable to produce
answers from the Bureau of Alcohol, Tobacco and Firearms and from
the Pentagon, according to plaintiff's filings yesterday. Justice
Department officials--who are overseeing the government's defense
of the case--did not respond to requests for comment last night.

ATF spokesman Jeff Roehm said that no ATF agents fired on the
compound April 19 and that the interrogatory has not been
answered because "it's a complex administrative process that just
hasn't been completed yet. It's no big deal."

Pentagon spokesman P.J. Crowley said, "We have . . . no
information to suggest that any DOD personnel fired any weapons
at Waco."

The evidence developed by the Branch Davidian attorneys is
another development in the case that suggests--but does not
prove--that government gunfire was leveled at the compound on the
day the siege ended in the deadly blaze. The case is scheduled
for trial this spring and has been delayed by special counsel
John C. Danforth's probe, which also is trying to answer the
question of whether government agents fired.

Last month's depositions in the case featured some new
information on the role of the Defense Department's Delta Force
agents during the final siege.

"There was testimony that at least three Delta Force team members
were at Mt. Carmel on April 19, 1993," the filing stated. Two of
the three were technicians, but a third was a combat specialist.

Deposition testimony placed this agent in the back of the
compound, "not visible to the media, and the side on which
flashes from the ground" have been identified as gunfire by
experts for the Branch Davidian plaintiffs.

© Copyright 2000 The Washington Post Company


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