From: http://www.postnet.com/postnet/stories.nsf/News%2FHeadlines /D800F4C7E798C2AB8625695900068ED3?OpenDocument&Headline=Jud ge%20in%20Waco%20case%20used%20obsceni Tuesday, September 12, 2000 | 8:11 p.m. BREAKING STORY Judge in Waco case used obscenity in referring to Davidian witness, filing says By Terry Ganey Of the Post-Dispatch The federal judge who presided over the Branch Davidians' wrongful death trial this summer called one Davidian witness "a crazy, murdering son-of-a-bitch" during a discussion with lawyers, according to a motion filed Tuesday. The Davidians' attorney, Mike Caddell, cited the alleged statement by U.S. District Judge Walter Smith Jr. as a sign that Smith was biased against the Davidians and should be recused from further considering the case. Caddell's motion seeks to move the case from Smith's court in Waco, Texas, to another federal court. Smith had no immediate reaction to the motion. "He is not going to respond to that," said a clerk in Smith's office. Smith presided over a four-week trial of the Davidians' claims that government agents contributed to the deaths of about 80 members of the sect at its Mount Carmel complex near Waco in 1993. A five-member advisory jury absolved the government of wrongdoing on July 14. Smith has yet to issue his own verdict. Caddell's motion said Smith issued rulings and made statements during the trial that clearly demonstrated he favored the government. The remark that Caddell attributed to Smith referred to Livingston Fagan, a Davidian convicted of voluntary manslaughter and weapons charges. When Caddell attempted to introduce a statement from Fagan, Smith called Caddell and government lawyers to the bench. According to Caddell, Smith said he would be willing to exclude Fagan's testimony if the government wanted. It was then, according to Caddell, that Smith made the remark. Government lawyers wanted to use a statement from Fagan, too, and his testimony was entered. Caddell also said that during a trial recess, Smith had patted a government lawyer on the back, shook his hand and congratulated him on his cross-examination of another Davidian witness. "It became clear during the course of trial that this court's class bias against all occupants of Mount Carmel, including the minor children, would so influence this court's decision-making that any meaningful consideration of the issues and facts would be impossible," Caddell said. Caddell said Smith improperly prevented the introduction of evidence and testimony that could have helped the Davidians' case. He said the judge admitted that he had not read some evidence introduced by the Davidians. The judge limited the time the Davidians' lawyers had to present their arguments and prevented them from pointing out to the jury at the trial's close that government lawyers had failed to produce the testimony of two key government agents as they had promised, Caddell said. A previous attempt to recuse Smith was unsuccessful. E-mail: [EMAIL PROTECTED] Phone: 573-635-6178 ================================================================= 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
