From: The Waco Tribune Herald http://www.accesswaco.com/auto/feed/news/local/2000/08/25/967259685.05572.2284.0009.html New Davidian evidence discovered By TOMMY WITHERSPOON Tribune-Herald staff writer A federal judge in Waco who presided over criminal and civil trials involving the 1993 Branch Davidian tragedy has ordered that unspecified newly discovered evidence in the case be turned over to his court. The two-sentence order, issued Friday afternoon by U.S. District Judge Walter S. Smith Jr., does not specify what new evidence was found. "In this case, the court has learned that the Waco division United States Attorney's Office has discovered new evidence that may be relevant to this case, and that the United States Attorney may be reluctant to follow the Court's previous order and deliver such evidence to the Clerk of the Court," Smith wrote in his order. The judge directed the U.S. Marshals Service to take possession of the evidence and deliver it to the clerk of the court. Two members of the judge's staff declined to discuss the order, as did Assistant U.S. Attorney Richard Durbin of the San Antonio U.S. Attorney's office. Bill Blagg of San Antonio, the U.S. attorney for the federal Western District of Texas, did not return phone messages to his office. The Waco U.S. Attorney's office is part of the Western District of Texas. Attorneys in the Waco office also did not return phone messages Friday afternoon. Smith's order comes six weeks after an advisory federal court jury in Waco cleared the FBI and the Bureau of Alcohol, Tobacco and Firearms of wrongdoing in the April 19, 1993, fire at Mount Carmel that killed David Koresh and 75 of his followers. The ruling also cleared federal agents in the failed Feb. 28, 1993, raid that started the 51-day standoff. Michael Caddell of Houston, lead plaintiffs' attorney in the $675 million wrongful-death lawsuit, was out of town Friday and did not return phone messages to his office. Michael Bradford of Beaumont , U.S. Attorney for the Eastern District of Texas who represented the government in the civil lawsuit, also did not return phone messages left with his office. Thom Mrozek, a Justice Department spokesman, declined comment on the order, saying he had not had an opportunity to review it. The plaintiffs had alleged that the ATF used excessive force when 76 agents riding in cattle trailers stormed Mount Carmel to try to arrest Koresh on weapons violations. The suit also alleged that FBI agents accelerated a Justice Department-approved plan to demolish the building without authorization while inserting tear gas on April 19, 1993, and fired into the compound during the fire, trapping Branch Davidians inside. Smith has yet to issue a final judgment in the lawsuit. He has set a hearing for Sept. 18 at which he intends to hear evidence concerning the results of a re-creation at Fort Hood to test whether gunfire can be detected on aerial infrared videotape. Experts appointed by the court have said that the flashes on the FBI infrared tape are sunlight reflecting off debris around Mount Carmel and not flashes from gunfire. Most of the plaintiffs have indicated that they no longer wish to pursue the gunfire issue, so the hearing might be canceled. Tommy Witherspoon can be reached at: [EMAIL PROTECTED] or at 757-5737. ================================================================= 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, mis- directions 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, CTRLgives 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://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.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
