-Caveat Lector-

From:

http://www.dallasnews.com/specials/waco/1221waco1lawyer.htm

Davidian lawyer raises questions on Delta Force
He says testimony leaves gap in siege account

12/21/99

By Lee Hancock / The Dallas Morning News

Sworn testimony from two members of the Army's secret Delta Force
unit raises questions about the actions of a third Delta soldier
during the last hours of the Branch Davidian standoff, a lawyer
for the sect said Monday.

Two technical specialists from the classified anti-terrorist unit
were among 24 government witnesses questioned in recent
depositions by lawyers for the Branch Davidians, and their
testimony indicated that "there's a combat guy [from the same
unit] whose time is not accounted for on April 19," said Mike
Caddell, lead lawyer for the Branch Davidians.

Mr. Caddell said a protective order in the sect's wrongful-death
lawsuit against the federal government prohibits divulging exact
testimony of the government witnesses. They were questioned
during two weeks of depositions in Washington that ended Friday.

Justice Department officials did not return telephone calls for
comment Monday. An FBI spokesman said he was unfamiliar with the
matter. Justice Department spokesmen have previously declined to
comment on depositions in the case.

Mr. Caddell said the depositions left unanswered key questions
about Delta Force's involvement in an FBI tank and tear-gas
assault on the Branch Davidian compound. He said the questioning
of FBI and military personnel also failed to resolve whether
Delta Force soldiers or any other government agents fired guns
into the building on April 19, 1993 - a charge that the
government has denied.

Pressed on the issue of government gunfire, the FBI's hostage
rescue team members questioned during the depositions said they
did not personally fire or witness any government gunfire April
19, Mr. Caddell said.

But neither they nor FBI technical experts who operated FBI
infrared cameras during the standoff could explain the origin of
repeated flashes on an infrared videotape recorded by an airborne
camera during the last hours of the tear-gas assault, Mr. Caddell
said.

Experts hired by the plaintiffs have said the flashes could have
come only from government gunfire. Government experts dispute
that, but an independent expert hired by the House Government
Reform Committee to examine the infrared video has said he also
thought that flashes were thermal signatures from gunfire.

"One thing that became clear from this first round of
depositions: Whatever really happened on April 19, there's only a
handful of people that really know," Mr. Caddell said. "This
operation obviously proceeded on a need-to-know basis. I would
say fewer than a dozen people really knew what was going to
happen or what did happen that day."

Government officials and lawyers have adamantly denied that any
Delta Force personnel were actively involved in the April 19
assault, which ended in a massive fire that consumed the Branch
Davidian compound with more than 80 people inside. Government
officials maintain that members of the sect set the fire.

The Branch Davidians' federal lawsuit, set for trial in May in
Waco, alleges that government negligence and actions caused the
deaths of dozens of innocent women and children and other Branch
Davidian followers.

Lawyers for the sect have alleged that government agents,
possibly including Delta Force members, repeatedly fired guns
into the compound in the last hours of the siege.

Justice Department lawyers initially tried to limit the Branch
Davidian lawyers to written questioning of Delta Force members
who were in Waco on April 19.

Secret units

Defense Department documents indicate that three soldiers from a
secret military unit were present as observers on April 19 and
that other Special Forces personnel from a classified military
unit were shuttled in and out of Waco during the 51-day standoff.
Delta Force is a classified military unit so secret that the
Defense Department routinely refuses to acknowledge its
existence.

Defense Department officials ultimately allowed Branch Davidian
lawyers to question the Delta Force soldiers who were at Waco on
April 19 only if the soldiers could sit behind a protective
screen during the deposition, Mr. Caddell said. Lawyers for the
sect also had to agree that the soldiers would not have to
divulge identifying information, Mr. Caddell said.

The two soldiers who were questioned, both technical equipment
specialists, denied active involvement in FBI operations in Waco,
including the final assault, Mr. Caddell said. But they
acknowledged that they could not account for the whereabouts of
their unit's combat arms representative April 19 until after the
compound burned.

"Frankly, their explanation for that, the cover story that was
given to explain his absence, was preposterous," Mr. Caddell
said, adding that he could not divulge details of that story
because of the court's protective order.

Mr. Caddell said he hoped to question the third soldier during
the next series of depositions.

The first round of depositions included FBI agents assigned to
the airplanes that circled the compound April 19 with infrared
and still cameras, Mr. Caddell said.

The agents, including the bureau's most experienced infrared
camera operator, acknowledged that they "had not ever seen
flashes before" like those that appeared repeatedly on the Waco
video during the last hour before the compound burned.

"They searched their files to try to find an explanation for
them, and they could find nothing similar," Mr. Caddell said.

He said the agents acknowledged that the only video footage in
the FBI's archives that included remotely similar flashes was a
brief snippet recorded by another FBI infrared camera in an
unrelated kidnapping case in April 1993.

That footage depicts white blips emanating from a car as it is
driven down a highway. That tape has been shown to the news
media, including The Dallas Morning News, in recent months as
bureau officials have sought to dispel the Branch Davidians'
allegations about the Waco infrared tape.

Field tests

Questions about the flashes on the April 19 infrared tape
recently prompted U.S. District Judge Walter Smith, who is
overseeing the wrongful-death case, to ask both sides to
recommend scientific experts to develop field tests aimed at
identifying their source.

Mr. Caddell said he expected another round of depositions in
January and a final round in February. He said the depositions
completed last week included about half the government witnesses
he will seek to question before the case goes to trial.

"Based on what I've heard so far, I think people would be
genuinely distressed if they knew their FBI agents had such poor
powers of recollection," he said. "I think you could fairly say
that the phrases we heard most often were, 'I don't know,' and 'I
don't recall.' It does undermine your confidence in the FBI."


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