.............................................................. >From the New Paradigms Project [Not Necessarily Endorsed]: Conspiracy Shopping Cart: http://a-albionic.com/shopping.html From: Carol Moore <[EMAIL PROTECTED]> To: List from <[EMAIL PROTECTED]> Subject: Supreme Court Hears Davidian Appeals Arguments Date: Saturday, April 29, 2000 12:40 PM Supreme Court Hears Davidian Appeals Arguments I attended the April 24, 2000 Supreme Court arguments in the Davidian appeals. It was my first time in the Court and it was rather exciting--until the justices started to, it seemed to me, make fun of the Davidians' lead attorney, Steve Halbrook, a well-known gun rights attorney who won a previous case at the Supreme Court. However, they soon relented and one could tell they were taking his arguments seriously. Things got even better when the government's attorney presented his arguments--the Supreme Court Justices just were not buying it!! Halbrook and the other attorneys were optimistic at the end of arguments that the Supreme Court will remove the 25 year sentence imposed on four Davidians for having machine guns on 2-28-93--even though no evidence was presented at trial any of them had such a gun. (This also would affect Livingstone Fagan who refused to appeal to the government that killed his wife and mother, but still could make a habeau corpus claim to remove the 25 year sentence.) Petitioner Graeme Craddock admitted to having a grenade which he believed to be live and which the FBI claimed was live, even though it was found three days after the fire and did not have Craddock's fingerprints on it. Again the jury never was asked to find he had an illegal weapon. Still the judge gave him an additional five years for having one. The Supreme Court refused to consider whether the gun charges should be thrown out all together because the jury form did not make it clear to the jury that they were tied *only* to the murder conspiracy charges, of which the jury found Davidians innocent. Because of my work on the IMF/World Bank protests in DC (see photos http://members.xoom.com/a16peacekeep ) I'm behind on Waco News, http://www.kreative.net/carolmoore/waco-news.html but do check in from time to time. Also, see new photos of the Committee for Waco Justice February 28 and April 19, 2000 vigils for the Davidian prisoners at the Supreme Court. http://www.kreative.net/carolmoore/cwj-photos.html [EMAIL PROTECTED] ================ > http://dallasnews.com/waco/69137_RULING25.html > > High court reviews Davidians' sentences > Finding on use of machine guns at issue > > 04/25/2000 > > By David Jackson / The Dallas Morning News > > WASHINGTON - The Supreme Court on Monday questioned the way a judge > sentenced > Branch Davidians who are seeking to cut 25 years from their prison > terms for > the deadly 1993 raid near Waco. > > The justices will decide whether the judge or jury should have decided > > whether machine guns were involved in the deaths of four agents with > the > Bureau of Alcohol, Tobacco and Firearms. > > U.S. District Judge Walter Smith included that finding in sentencing > four > defendants to a total of 40 years in prison and a fifth to 20 years. > The > offenses included voluntary manslaughter and use of a machine gun > during a > violent crime. > > In appealing to the Supreme Court, a defense attorney said the jury > never got > the chance to decide whether machine guns were used. > > That finding by the judge constituted 30 years of the 40-year prison > sentences; crimes with unspecified firearms normally require only five > years, > which would reduce the sentences to 15 years. > > "Firearm type is frequently contested at trial, and it's usually an > issue for > the jury," attorney Stephen P. Halbrook told the court during an > hourlong > hearing. > > A Justice Department attorney said Congress gave judges wide > discretion in > applying federal sentencing guidelines. > > "There's strong evidence of the use of machine guns and destructive > devices," > assistant attorney general James K. Robinson said. > > The Supreme Court will decide the case by early July. > > If the justices side with the defendants, all five would be eligible > for > release in 2008; otherwise, four would serve until 2033 and a fifth > until > 2013. > > "More than that, it has to do with a very important part of the Bill > of > Rights, and that's the right to a jury trial," Mr. Halbrook said. > > 51-day standoff > > The gunbattle began a 51-day standoff that ended in fire on April 19, > 1993. > More than 80 Davidians died during the fire, which is the subject of a > > pending lawsuit, congressional scrutiny and a criminal investigation > under > the direction of former Sen. John Danforth, R-Mo. > > But the Supreme Court justices didn't mention those controversies, > focusing > instead on the use of federal sentencing guidelines. The judge used > those > guidelines to sentence Jaime Castillo, Brad Eugene Branch, Renos Lenny > > Avraam, Kevin A. Whitecliff and Graeme Leonard Craddock. > > Judge Smith sentenced the first four to 10 years for aiding and > abetting > voluntary manslaughter and another 30 years for using machine guns > during a > violent crime. He also sentenced Mr. Craddock to 10 years for > possession of a > grenade and, in a downward departure of the federal guidelines, 10 > years for > the machine-gun offense. > > Acquitted > > A jury acquitted the Branch Davidian defendants of the major charges: > conspiracy to murder federal agents or aiding and abetting the murder > of > federal agents. > > Mr. Halbrook said prosecutors urged the judge to make machine guns > part of > the sentencing to "jack up" punishment for the lesser convictions. > > "It was never really part of the case until it came around on > sentencing," > Mr. Halbrook said. > > Sarah Bain, the jury forewoman during the 1994 trial, flew to > Washington for > the Supreme Court hearing as a show of support for the defendants. > > "We were absolutely shocked with the severity of the judge's > augmentation," > Ms. Bain said after the hearing. "We thought it would be a > slap-on-the-wrist > sentence." > > The Justice Department lawyer said Congress did not require that > juries > decide what types of weapons are used in crimes. > > "It is a sentencing factor to be determined by the court," Mr. > Robinson said. > > Questioning > > The justices asked more questions of the government lawyer. > > Chief Justice William Rehnquist questioned whether certain factual > findings > can be made after a jury verdict, saying, "The tail can't wag the > dog." > > Noting the difference between the five-year standard for offenses with > > "firearms" and the 30-year standard for those with "machine guns," > Justice > Antonin Scalia said, "That's a long tail." > > The justices also noted, however, that the types of weapons involved > in the > shootout had to be discussed during testimony at trial. > > "Somebody thought it was more likely than not that the people had > machine > guns," Justice Scalia said. > > Justice Sandra Day O'Connor, however, wondered how that related to the > > individual defendants. > > "The evidence isn't all clear linking this particular individual with > a > machine gun," Justice O'Connor said. "And we don't know if a jury > would have > been able to reach that determination." Shop for Cars On-Line: http://a-albionic.com/ads/srch.html Forwarded for info and discussion from the New Paradigms Discussion List, not necessarily endorsed by: *********************************** Lloyd Miller, Research Director for A-albionic Research (POB 20273, Ferndale, MI 48220), a ruling class/conspiracy research resource for the entire political-ideological spectrum. Quarterly journal, book sales, rare/out-of-print searches, New Paradigms Discussion List, Weekly Up-date Lists & E-text Archive of research, intelligence, catalogs, & resources. 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