[Again, better late than never??  --MS]

Camera expert will not travel to U.S. for Waco testimony

By MATT SLAGLE, Associated Press

DALLAS (July 25, 2000 8:08 p.m. EDT http://www.nandotimes.com) -
The court-appointed expert David Oxlee, who was expected to
testify on whether FBI agents shot at the Branch Davidian
compound, will not travel from England to the United States for a
hearing after all, a U.S. District ruled Tuesday.

Judge Walter Smith said he decided against requiring Oxlee to
come to Texas after Michael Caddell, lead plaintiffs' attorney in
a $675 million wrongful death lawsuit filed by surviving
Davidians and family members, said he would not participate in
the hearing.

A spokeswoman for Caddell said he was out of town and would not
comment on the ruling until he had a chance to read it.

Smith has yet to make a final ruling in the case. He gave
plaintiff co-counsels James Brannon and former attorney general
Ramsey Clark 10 days to tell the court if they would travel to
England to depose Oxlee.

An advisory jury ruled July 14 that the government was not
responsible for the deaths of sect members.

A week later, former Missouri senator John Danforth released
preliminary results of a 10-month investigation into the 1993
incident, blaming the Davidians for their own deaths.

Oxlee was an expert with British firm Vector Data Systems Ltd.,
which examined infrared images taken by an aerial FBI
surveillance camera on the final day of a 51-day standoff between
federal agents and the Davidians.

The siege ended with the deaths of some 80 sect members,
including leader David Koresh, from either gunshots or fire.

A court-ordered field test in March simulated aspects of the
siege using heat-sensing FLIR, or forward-looking infrared,
equipment.

Vector concluded the flashes on the 1993 tape were reflections
from sunlight as it hit debris on the complex. But Davidian
lawyers insisted gunfire created the flashes.

Smith barred the issue before the June 19 trial began, saying he
wanted Oxlee to review Vector's finding before he would admit it
into court. Oxlee was ill and unable to travel to the United
States until August.

Justice Department spokesman Thom Mrozek said Tuesday's ruling
reaffirmed the government's stance.

"The government position is that the judge can rule in favor of
the FBI on this spurious allegation that shots were fired into
the compound on April 19. Both the test conducted by Vector and
the analysis by our expert concluded that no gunshots were fired
on that day," he said.

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                      *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.
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