-Caveat Lector- http://www.newsmax.com/articles/print.shtml?a=2000/9/26/190545 NewsMax.com New Evidence in Waco Case Stephan Archer Wednesday, Sept. 27, 2000 A week ago today, a U.S. District Court upheld the government's behavior at Waco in the Branch Davidians' $675 million wrongful-death lawsuit, but a new motion for reconsideration loaded with "smoking gun" evidence could influence appeals and keep the saga alive. Michael McNulty, a reporter and documentary film producer who has brought to light serious questions regarding the Waco siege, told NewsMax.com there was little chance Judge Walter Smith Jr. would seriously consider the evidence in the motion. The point of the motion is to make sure all the evidence is in the record before the case moves to the appellate level, he said. "It ain't over 'til it's over," McNulty said in referring to evidence he believes indicts the FBI. According to McNulty, the newly presented evidence revolves around two main claims of the government. In its first claim, the government argued the flashes on the Forward-Looking Infrared (FLIR) tapes could not be gunfire because they lasted longer than 8 milliseconds on the tape. Its second claim points to the fact that people can't be seen in the tapes firing a weapon. A Sept. 6 FLIR imagery field test conducted by experts for the Branch Davidians, however, indicates the government's FLIR conclusions were shaky at best and deceptive. According to the independent test at Fort Collins, Colo., gunfire flashes can occur on the tapes without any visible presence of people. Gunfire flashes can also last more than four times as long on the tapes as the government claims. These findings aren't short of extraordinary in light of the fact that similar tests conducted by the government at Fort Hood, Texas, didn't uncover any of this information. A reason for this discrepancy could be that the temperature during the test at Fort Hood was about 20 degrees cooler than the temperature during the test at Fort Collins, which more accurately assimilated the temperature in Waco during the 1993 siege. Another reason for the different test results could be that Fort Hood used a different video format for recording while Fort Collins used the same format as that used at Waco. In the motion to reconsider are a number of affidavits including that of Ferdinand H. Zegel, a physicist with more than 30 years' experience in thermal imaging and related fields. He is a project manager and staff engineer for Radian Inc., involved in missile target thermal signature recognition. He observed the Fort Collins test and concluded that people moving outside the Davidian compound would have been difficult to see on the FLIR tapes. "The Fort Collins test demonstrates that under ambient conditions approximating those of April 19, 1993, individuals are not readily visible in FLIR imagery," Zegel said in his affidavit. Zegel further explained in his affidavit that a human image from the Fort Collins test should be more discernible than a similar human image recorded at Waco or Fort Hood because the images were larger. The reason for this is the camera was closer to the "action" at Fort Collins. The camera was also more stable and at a better angle making any pictures just that much more clear. Yet, human images still ranged from invisible to barely visible. McNulty added that after the test at Fort Collins, it was also discovered that standard military issue uniforms, such as the ones worn by FBI agents during the Waco siege, are chemically treated to reduce or eliminate thermal image. Commenting on government claims that gunfire flashes on FLIR tapes would last no longer than about 8 milliseconds, Zegel said in his affidavit, "The Ft. Collins test demonstrates that bursts of gunshots generate much longer duration flash signatures than values claimed possible by defense experts." Experts for the Davidians contend that these findings show that the government's arguments need to be re-evaluated. Carroll Lucas, who has experience interpreting aerial and satellite photography, had previously spent 25 years with the CIA in what was then known as its National Photographic Interpretation Center. In a written affidavit that was submitted along with the motion to reconsider, he said individuals could be seen near locations of the flashes on the FLIR tapes. "Based on the digital image analysis, I conclude that individuals are visible in the courtyard near locations and at times associated with FLIR imagery flashes," Lucas said. With this whirlwind of information coming in at a time in which the end of the Waco case seemed to be at hand, will Judge Smith reconsider the case? "I don't think (he) will," said McNulty. "I think the judge has got his mind made up, and he doesn't want to be disturbed by the facts." Get two Waco videos at a discount from the NewsMax Store: Waco: A New Revelation, including interviews with Mike McNulty, and Waco: The Rules of Engagement, praised by Siskel and Ebert. ================================================================= 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. 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