On Sun, 13 Aug 2000 04:19:35 EDT [EMAIL PROTECTED] wrote: http://www.accesswaco.com/auto/feed/news/local/2000/08/12/966104292.21481.4543 .0012.html Judge sets hearing on remaining Davidian lawsuit issue By TOMMY WITHERSPOON Tribune-Herald staff writer A federal judge in Waco has set a hearing for next month for testimony on the remaining issue in the Branch Davidians' $675 million lawsuit against the government — whether FBI agents shot at the Davidians on April 19, 1993. In a three-page order issued Friday, U.S. District Judge Walter S. Smith Jr. said he will hear testimony from David Oxlee of Vector Data Systems at a Sept. 18 hearing in Waco. Smith canceled an Aug. 2 hearing on the matter because lead plaintiffs' attorney Mike Caddell of Houston, who represents about 80 percent of the 176 plaintiffs in the wrongful-death lawsuit, said he would not pursue the issue or attend a hearing. After that, Smith, in an order last month, told attorneys for the remaining plaintiffs that they must travel to England, where Oxlee lives, if they wanted to depose him. Oxlee, an infrared expert, was appointed by the court to help stage the Mount Carmel re-creation last March at Fort Hood. He was not available to testify at the Branch Davidian civil trial that started in June because he was recovering from surgery. Smith removed the gunfire issue from the trial because Oxlee was not available. Oxlee concluded that government agents fired no gunshots on the final day of the 51-day standoff with David Koresh and his followers. The plaintiffs argue that flashes seen on an FBI infrared video taken that day are from gunfire by government agents that pinned many of the Davidians inside the burning Mount Carmel compound. Oxlee said he thinks the flashes came from debris and not gunfire. After Caddell appeared to withdraw from the rest of the lawsuit, Smith said he had no intention of bringing Oxlee to the United States at government expense for the hearing. Smith noted in his order that James Brannon, a Houston attorney who represents the estate of three of Koresh's legal children, did not respond to his order and "by their silence have advised they do not desire to cross-examine Mr. Oxlee." "If this matter is to be further litigated ... the court prefers to hear Mr. Oxlee's testimony in open court and have the opportunity to question Mr. Oxlee himself. He is the court's expert," Smith wrote. Ramsey Clark, who represents 35 clients known as the Brown plaintiffs, said he would like to question Oxlee. However, Ramsey said he thought it curious that Smith, in his order Friday, required that him post a $5,000 bond with the court within 10 days to reimburse Oxlee for his travel expenses. "We want to pursue this issue," Clark said. "But I don't know if they are trying to tax us out of court of what. We will just have to take a look at the order and study it. The whole thing seems so strange the way it has gone. Taking (Oxlee) to Waco is a lot more expensive than to take him to Washington, which is what we wanted to do." Also, Smith broke down the plaintiffs' shares for half of the cost for the March re-creation at Fort Hood. Smith said that the Department of Defense has advised that the cost for the test was $51,318.17, excluding the salaries of the military personnel who participated and the cost of transporting a Lynx helicopter from England to Fort Hood. The judge figured the cost to each plaintiffs' group by the number of clients represented and ordered that Caddell pay $20,014; Clark, $5,131; and Brannon, $513, within 10 days. The Justice Department will pay the other half. "It is further ordered that any party dissatisfied with the division of these expenses shall inform the court within 10 days," Smith wrote. Caddell and Brannon did not return phone messages left at their offices. Smith has indicated that it could be some months before he issues his final judgment in the civil lawsuit. The verdict by a five-member advisory jury chosen by the judge cleared the government of wrongdoing in the Davidian episode. Tommy Witherspoon can be reached at [EMAIL PROTECTED] or at 757-5737. God Bless The New Mt. Carmel Church! Collectors Edition 2000! Never before seen video footage of Mt. Carmel! Interviews from survivors and volunteers who helped rebuild Mt. Carmel! Take a tour of the beautiful property and see the church rise before your eyes. Hear for yourself what world renowned investigator Gordon Novell and others had to say when they showed up at the April 19, 2000 memorial. Hear the bell toll in memory of the 82 who were killed after the 51 day siege. Your $20 contribution will go towards the septic and air conditioning systems still needed. Your contribution will also go towards building housing for the elderly ladies who were left homeless after the slaughter. These beautiful ladies have been living at the Salvation Army in a communal apartment and wish to finally come home! Please share this amazing video with friends, family, community leaders, patriot groups and others! PLEASE, send your donation in today and receive this awesome video. Please note: If you use PAYPAL to send money for the purchase of this video, $5 is automatically given to the church in addition to your generous $20 contribution, and you are also given $5 in your PAYPAL account for future purchases! I set this up specifically for that purpose, so please follow the link below to begin the process of obtaining this collectors video NOW! <A HREF="https://secure.paypal.com/refer/pal%3Drebuildthechurch%40aol.com">htt ps://secure.paypal.com/refer/pal%3Drebuildthechurch%40aol.com</A> [EMAIL PROTECTED] is the referral address. Or write to: RebuildTheChurch.Com PO Box 19061 Austin, TX 78760 www.rebuildthechurch.com My Waco website: <A HREF="http://www.wizardsofaz.com/waco/picturethis.html">Please take a moment to picture this...</A> <A HREF="http://www.wizardsofaz.com/waco/picturethis.html">http://www.wizardso faz.com/waco/picturethis.html</A> If you wish to not receive Waco Tragedy News, please reply to this e-mail with "Unsubscribe" in the subject line. If you have received this e-mail in a forward and wish to join, type "Subscribe" in the subject line. 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