-Caveat Lector-

>From Nando Media,
http://www.nandotimes.com/politics/story/0,1068,91690-145217-1015454-0,00.ht
ml
-
Federal agents clash with judge over seizure of Waco evidence

Copyright © 1999 Nando Media
Copyright © 1999 Associated Press

DALLAS (September 10, 1999 4:44 p.m. EDT http://www.nandotimes.com) -
According to a Friday article in The Dallas Morning News, U.S. marshals
delayed carrying out a judge's sealed order to seize more evidence from the
Bureau of Alcohol, Tobacco and Firearms stemming from the Branch Davidian
standoff.

The marshals carried out the order after U.S. District Judge Walter Smith
issued a second edict Thursday that they comply with his initial order
immediately, the newspaper said, citing unidentified sources.

An ATF spokesman in Washington confirmed that Smith issued the order after
hearing that the agency was considering closing its Waco office. He said the
judge wanted the office's contents to be preserved.

"There was, I guess on his part, some concern that the office might be
closing," said Jeff Roehm, public affairs chief at the agency's
headquarters. "It was pretty much expected."

According to the News, the chief U.S. marshal for the district spent hours
debating whether to execute the order, first consulting with his agency's
headquarters in Washington and the U.S. attorney's office in San Antonio.

Eventually, the marshals seized files and took custody of keys to storage
facilities, the News said.

Smith is scheduled in October to begin hearing a wrongful death lawsuit
filed against the government by Branch Davidians who survived the 1993
federal raid and subsequent fire at their compound.

Last week, Smith rejected a plea by the Justice Department, parent agency of
the U.S. Marshals Service, not to take control of the evidence.

A Justice Department spokesman in Washington declined comment on Thursday's
seizure, the newspaper said.

The Waco ATF office was set up to help coordinate the federal prosecutions
and contained case files and documents related to the 51-day standoff at the
Branch Davidian compound.

Roehm said the agency had decided to keep the office open until the end of
the wrongful-death lawsuit.

David Koresh and about 80 of his followers died in the April 19, 1993, fire
at their Mount Carmel compound.

Attorney General Janet Reno this week appointed an independent inquiry to
investigate the FBI's actions at the end of the standoff after the agency
revealed, after years of denials, that it fired potentially flammable
tear-gas canisters at the compound on the day of the fire.

The government still maintains that the Davidians set the blaze.

Last Friday, Smith had to intervene before the ATF allowed the Texas Rangers
access to the Waco storage facility containing the massive collection of
evidence.

The Rangers had asked to enter the facility to search for items relating to
pyrotechnic tear-gas devices fired by the FBI. Rangers instead discovered
the spent remains of a star parachute flare.

--
Dan S

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