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From: Ian Goddard <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Subject: Waco: Evidence Tampered
Date: Thursday, March 16, 2000 11:19 AM

Branch Davidians: Evidence Tampered

By Michelle Mittelstadt
Associated Press Writer
Wednesday, March 15, 2000; 6:07 p.m. EST

WASHINGTON -- Contending that the government has
withheld, destroyed or tampered with important
evidence related to the federal siege of a Waco, Texas,
compound in 1993, lawyers for Branch Davidians who
have filed a wrongful-death lawsuit are asking a federal
judge for help.

In a 31-page motion being filed in federal court in
Waco, the Davidians' lead counsel asked U.S. District
Judge Walter Smith to schedule a hearing to review the
complaint or to sanction the government.

"A disturbing pattern has emerged," the motion by
Davidian lawyer Michael Caddell said. "Much of the
key evidence relating to the events of April 19, 1993,
has been 'lost,' altered or tampered with."

U.S. Attorney Michael Bradford of Beaumont, whose
office has coordinated the massive document production
demanded by the court, didn't immediately return a
telephone call seeking comment, nor did a Justice
Department spokesman.

In his motion, Caddell complained of "suspicious gaps"
in evidence and said the government had failed to meet
the judge's September 1999 order to produce original
audio and video tapes, photographic negatives and other
evidence.

Among the originals reported lost by the government,
Caddell said, were negatives for an 11:24 a.m. photo
the FBI has brandished as proof that no gunshots were
fired by federal agents into the Branch Davidian retreat.

The plaintiffs, whose case goes to trial in mid-May,
contend that aerial infrared surveillance footage shot by
the FBI offers definitive proof that government agents
fired their weapons as the Davidians' building burned.

The government, for seven years, has staunchly denied
that its agents fired any shots that day or that it
bears any responsibility for the fire that raced through
the compound several hours into an FBI tear-gassing
operation designed to flush the Davidians out.

Davidian leader David Koresh and some 80 followers
died, some from the fire, others from gunshot wounds.
The government contends they perished by their own hand.

The plaintiffs, who have deposed dozens of on-scene
FBI personnel, contend an FBI photographer's testimony
offers proof that several rolls of film shot in the
crucial hour before the compound burned are missing
from the evidence turned over by the government.

"The pattern of the photographs produced by the FBI
suggests only one thing: the FBI has turned over only
those photographs to the court (and the press) that the
FBI wants the court and the public to see," Caddell
charged.

The plaintiffs accuse the government of other
wrongdoing, including:

* Never returning a roll of film confiscated from the
Texas Rangers showing bodies and weaponry found
inside the decimated 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 motion said.

* Representing as originals audio recordings made from
listening devices planted inside the compound during
the 51-day siege. An analysis commissioned by the
plaintiffs suggests the tapes are copies. The tapes --
which the government has relied on for proof that the
Davidians spread fuel and started the fire -- also bear
signs of being recorded with multiple recorders, the
plaintiffs' tape expert concluded.

"There existed a number of suspicious record events
(i.e. anomalies) which casts serious doubt on the tapes'
originality and authenticity," the plaintiffs' tape
expert, Steve Cain, wrote in a Feb. 24 report.

(c) Copyright 2000 The Associated Press

==========================================================
http://washingtonpost.com/wp-srv/aponline/20000315/aponline180738_000.htm
==========================================================

========================================================
WACO PROTEST: http://users.erols.com/igoddard/waco-1.htm
========================================================

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  put alternative explanations for data on the table."
   Former FBI Special Agent Dr. Frederic Whitehurst




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