Judge: Government will not be sanctioned for mishandling some Branch
Davidian evidence
The Associated Press
May 17, 2000, Wednesday, AM cycle 6:40 PM Eastern Time
WACO, Texas
The FBI may have mishandled some key evidence related to the
deadly 1993 Waco siege, but lawyers for the sect failed to prove
the government intentionally altered or destroyed any items, a
federal judge ruled Wednesday.
------------------------------------------------------------------
Smith ... said there is "no basis" for him to order the
government "to turn over any additional evidence or to impose
sanctions ..."
------------------------------------------------------------------
U.S. District Judge Walter Smith said that although there "may be
some indication of mishandling and/or mislabeling (of evidence)
by the FBI, there is nothing to indicate that this was the result
of anything more than mere negligence."
Smith, who is presiding over a wrongful-death lawsuit set to
begin June 19, said there is "no basis" for him to order the
government "to turn over any additional evidence or to impose
sanctions for actions which apparently occurred over seven years
ago when the evidence was first collected and collated."
Lawyers for the Branch Davidians, in a motion filed earlier this
year in federal court in Waco, contended that the government
withheld, destroyed or tampered with evidence crucial to their
lawsuit.
U.S. District Judge Walter Smith said that although there "may be
some indication of mishandling and/or mislabeling (of evidence)
by the FBI, there is nothing to indicate that this was the result
of anything more than mere negligence."
Smith, who is presiding over a wrongful-death lawsuit set to
begin June 19, said there is "no basis" for him to order the
government "to turn over any additional evidence or to impose
sanctions for actions which apparently occurred over seven years
ago when the evidence was first collected and collated."
Lawyers for the Branch Davidians, in a motion filed earlier this
year in federal court in Waco, contended that the government
withheld, destroyed or tampered with evidence crucial to their
lawsuit.
Michael Caddell, the Davidians' lead counsel, asked Smith to
review the complaint and to sanction the government.
During a daylong hearing last month, Smith heard testimony from a
pilot and photographer who were at the site on April 19, 1993, as
well as audio experts for both sides.
Among other things, plaintiffs contended that some of the Forward
Looking Infrared, or FLIR, footage bore signs of the audio having
been erased.
Caddell said on one tape, someone can be heard asking for the
audio to be turned off.
But Smith, in his order, said: "The evidence does not support
erasure, but rather indicates that the audio was never turned
on."
The government, for seven years, has staunchly denied that its
agents fired any shots or that it bears any responsibility for
the fire that raced through the compound several hours into an
FBI tear-gassing operation designed to flush out the Davidians.
Davidian leader David Koresh and some 80 followers died that day,
some from the fire, others from gunshot wounds. The government
contends they perished by their own hands. The Davidians say the
government bears some responsibility.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
=================================================================
<A HREF="http://www.ctrl.org/">www.ctrl.org</A>
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance�not soap-boxing�please! These are
sordid matters and 'conspiracy theory'�with its many half-truths,
misdirections
and outright frauds�is used politically by different groups with major and
minor
effects spread throughout the spectrum of time and thought. That being said,
CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://home.ease.lsoft.com/archives/CTRL.html
<A HREF="http://home.ease.lsoft.com/archives/ctrl.html">Archives of
[EMAIL PROTECTED]</A>
http:[EMAIL PROTECTED]/
<A HREF="http:[EMAIL PROTECTED]/">ctrl</A>
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
