-Caveat Lector-
Note the name in his item.....Rodin - how could anyone forget that date.
Saba
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News: Local
Claimants to Davidian land back in court arguing ownership
By MARK ENGLAND Tribune-Herald staff writer
A month after a McLennan County jury failed to determine who owns Mount
Carmel, those seeking title to it were back in a Waco court.
Judge Alan Mayfield of the 74th State District Court heard opposing
ownership arguments Thursday.
Douglas Mitchell ? a follower of the late Lois Roden, from whom the late
David Koresh gained control of the Branch Davidians ? asked Mayfield to
sustain the jury's May 5 verdict that neither Koresh's surviving
followers such as Clive Doyle nor the widow of the late Branch Davidian
leader George Roden, Amo Roden, are legitimate church trustees.
Amo Roden asked Mayfield to overturn the portion of the jury's verdict
that pertained to her.
Attorney Percy Isgitt of Houston, representing Doyle and other followers
of Koresh, asked Mayfield to overturn the jury's verdict and designate
the plaintiffs in the first trial as church trustees.
None of the parties disputes that Mount Carmel, on which Koresh and 75
followers died seven years ago, belongs to the Branch Davidian church.
However, all sides believe themselves to have the strongest ties to the
original church.
Mayfield, after listening to all three parties, said he will issue a
decision in the next 90 days.
Roden opened the hearing by arguing that she had in effect done the job
of a church trustee for the past 12 years.
"It should be pretty clear here that I'm angling for a court appointment
as trustee," Roden told Mayfield.
Mitchell argued that the Davidians who had followed Ben and Lois Roden
and chose not to follow Koresh were the rightful heirs of Mount Carmel,
located on 77 acres about 10 miles outside Waco.
The jury by its verdict seemed to recognize there had been a schism in
the group, Mitchell said.
He also complained about Koresh's followers calling themselves Branch
Davidians.
"The court should issue an injunction barring the plaintiffs from using
any names, words or designation of the original church," Mitchell said.
Mitchell said the jury made it clear that the plaintiffs had no right to
Mount Carmel.
"The jury was actually saying the documents subsequently filed were not
above board or done in good faith," Mitchell said. "They were something
done to deceive people, to gain something they had no right to gain."
Isgitt argued there was definitive evidence proving the plaintiffs had a
right to the property.
"We've submitted undisputed evidence that some or all of the plaintiffs
have been trustees of the church since 1973," Isgitt said.
Neither Roden nor Mitchell have been trustees of the Davidian church,
Isgitt said.
"The defendants have not produced one scintilla of probative evidence to
support their claim to be trustees," Isgitt said. "For the simple reason
that none exists."
In rebuttal, Roden argued that Koresh's followers weren't fit to be
trustees. She claimed they seized Mount Carmel, turning it from a
community of families into a commune, tearing down the single-family
homes and building a rambling structure that featured dormitories for
men and women.
"It supported a lifestyle quite different from when the church had
single-family housing," Roden said.
Mark England can be reached at [EMAIL PROTECTED] or 757-5744.
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