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Reno Deposed in Waco Case

By Michelle Mittelstadt
Associated Press Writer
Tuesday, March 28, 2000; 8:48 p.m. EST

WASHINGTON �� Attorney General Janet Reno testified Tuesday that
she never gave approval for tanks to demolish the Branch
Davidians' compound near Waco, Texas � and does not believe the
FBI intentionally did so � say lawyers for the sect who deposed
her for their wrongful-death lawsuit against the government.

But the Davidians' lead counsel, emerging from the rare
deposition of an attorney general, said Reno was less than
forthcoming in discussing whether the FBI intended to dismantle
the complex during its tear-gassing operation � an interpretation
rejected by Reno's aides.

"The only issue where we felt that she was less than candid was
on the demolition," Houston lawyer Michael Caddell said outside
the Justice Department. "The problem that she's got is she
testified to Congress in 1995 that the damage done to the
building was the result of tear-gas insertion. And I think it's
very difficult for her to back off of that testimony."

U.S. Attorney Michael Bradford of Texas, one of five Justice
lawyers who flanked Reno at the two-hour deposition, disputed
Caddell's claim. "We would strongly disagree with his
interpretation," he said.

"She was forthcoming and candid and answered all the questions.
Her testimony will speak for itself, but it was consistent
throughout the deposition with her past testimony," said
Bradford, who is one of the government's chief defenders in the
Davidian litigation.

For Reno, Waco has been a never-ending crisis.

The deadly standoff between the Branch Davidians and federal law
enforcement began in February 1993 � just weeks before Reno took
office � with a shootout as Bureau of Alcohol, Tobacco and
Firearms agents tried to serve weapons warrants on Davidian
leader David Koresh. Four agents and six Davidians died.

That was followed by a 51-day siege, led by the FBI, that ended
in a fiery inferno on April 19, 1993. Koresh and about 80
followers died, some from the fire, others from gunshot wounds.
The government insists they died by their own hand.

A day later, Reno went on television to accept responsibility �
an act that earned her widespread acclaim.

Although congressional hearings that year on Waco were
overwhelmingly supportive of Reno, her decision to use tear gas
was sharply questioned during hearings in 1995, the first year
the Republicans controlled Congress.

And then the issue faded largely from view until last August,
when the government was forced to acknowledge that the FBI had
used potentially incendiary tear gas canisters despite Reno's
orders to the contrary.

Reno acknowledged Tuesday that the operations plan she approved
did not authorize the use of pyrotechnic tear gas, flash-bang
devices inside the Davidians' Mount Carmel retreat, or building
demolition, Caddell said.

"She also testified she was never told ... that there would be no
plan to fight a fire at Mount Carmel should one develop," he
said.

The plaintiffs, whose suit against the government heads to trial
in mid-May, contend the FBI's on-scene commanders ordered the
dismantling of the Davidians' complex several hours into the
operation � in defiance of the Reno-approved plan that permitted
such destruction only after 48 hours if the tear-gassing proved
unsuccessful.

While Reno refused to acknowledge deliberate demolition occurred,
Caddell said she did concede that the on-scene commanders would
have been required to consult with FBI leadership in Washington
before speeding up the plan � which didn't occur.

Bradford declined to discuss Reno's testimony, saying the federal
district judge presiding over the case ordered depositions sealed
for 30 days.

"The judge has expressed a fairly strong preference that we not
get into a public debate over depositions, so I do not want to go
point-by-point through the deposition," he said.

Caddell said he will release both Reno's deposition and a
videotape of the proceeding in 30 days.

The attorney said he does not hold Reno responsible for any
negligence at Waco.

But he is using his depositions with Reno and other high-ranking
FBI officials to buttress his contention that the FBI's on-scene
commanders � special agent in charge Jeffrey Jamar and Hostage
Rescue Team leader Richard Rogers � deviated from the approved
operations plan by escalating the tear-gas insertion and
destroying the building.

He also faults Jamar's decision to hold back fire trucks at a
checkpoint while the building was consumed by flames.

Jamar told Congress in 1995 that he kept the fire trucks at bay
for fear firefighters might be shot. The government contends any
actions Jamar or Rogers took that day fell within their
discretionary authority.

Also Tuesday, a federal judge in Waco granted a plaintiffs'
request to dismiss their part of a case against an FBI
sharpshooter.

U.S. District Judge Walter Smith said the motion to dismiss the
case against FBI sharpshooter Lon Horiuchi because of
insufficient evidence "has merit and should be granted." Horiuchi
was the only named defendant in the Davidians' lawsuit.

� Copyright 2000 The Associated Press



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