Flashes Not Gunfire, Waco Judge Says
NewsMax.com
Monday, April 24, 2000

Those suspicious glints that showed up on the infrared videotape
taken at Waco were not gunfire, a preliminary review shows
according to U.S. District Court Judge Walter Smith.

Speaking at a pretrial hearing yesterday, Smith said that experts
retained by the court had made an initial determination that the
review of the infrared videotape caught about 57 ``thermal
events,'' - flashes of light that signify heat. There ``were no
muzzle blasts either from Branch Davidians or government
agents,'' Judge Smith told attorneys, adding, however, that he
does not consider the report to be incontrovertible evidence.

Reacting to the disclosure, Michael Caddell, lead attorney for
the Branch Davidians, said ``You get good news. You get bad news.
... This is not going to result in a dismissal of the case.''

Caddell added that there was a suspicious pattern'' in the audio
portion of the videotape. Several portions of the tape are
missing audio, he said, and on one section of the tape someone is
heard asking that the audio be turned off.

Preliminary results from a recent court-ordered simulation of the
siege staged at Ft. Hood, Texas showed that flashes captured by
the original infrared videotape were most likely sunlight
reflecting off bits of broken glass and other reflective debris -
not government gunfire as Cadell's clients claim. The court
appointed experts are expected to submit their analysis of that
simulation to the court by May 8.

Yet to be acted on by the court is a motion filed by the
plaintiffs' attorneys accusing the government of:

-Failing to return a roll of film confiscated from the Texas
Rangers that showed bodies and weapons inside a concrete bunker.
``The absence of these photographs makes it very difficult, if
not impossible, to determine if any of these persons were shot
outside of that room and moved into it prior to or after the
fire,'' the plaintiff's motion said.

-Attempting to pass off as originals audio recordings made from
listening devices planted inside the compound during the siege.
The plaintiffs say an analysis indicates that the tapes are
copies, not originals. The tapes - which the government says
prove that it was the Davidians who spread fuel and started the
fire - also show signs of being recorded with multiple recorders,
an expert retained by the plaintiffs concluded.

The government says the allegations are baseless, insisting that
the plaintiffs' accusations relied on incomplete, illogical or
scientifically invalid analyses.

However, the government has admitted that it is missing 30
original negatives from the first of at least seven rolls of film
shot by an FBI photographer who circled 1,000 feet above the
complex in a surveillance aircraft, although they claim they have
prints of the missing negatives along with the original contact
sheet of the negatives.


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