--------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 1 --------------------------------------------------------------------------- Hi Folks; As perhaps the only Boise resident on the list, I guess it kind of falls on me to keep people updated about the Randy Weaver/Kevin Harris trial. Yesterday marked the seating of the jury. Apparently no other legal activities occurred. The jury was selected and things start today. More interesting is what happenned outside. About a dozen Weaver supporters showed up to stage a protest outside the courthouse. One woman carried a sign that read, "Who stands trial for the murder of Vicki and (son's name - I forget) Weaver?" On the evening news she said, "I am here protesting because I believe in freedom of speech and freedom of religion. I thought we all did." Nice sound bite (grin)! The news reporter also interviewed some guy named "Tim" who refused to give his last name. Not to prejudge the guy, but he looked like a neo-nazi. He also said he expected many neo-nazis to show up throughout the trial. "Tim" had been handing out leaflets in support of Weaver and Harris and the news had footage of a Boise cop telling him to move along or he'd arrest. I don't know the finer points of this one. Perhaps there's a law against political activity within X feet of a courthouse or something (what happenned to the First Amendment?!?). Most ominous of all was that the local reporter filmed an agent of the Gestapo...err...ATF with a minicam FILMING THE PROTESTORS! Welcome to the world of Big Brother. Anyhow, Gerry Spence came out and asked the protestors to leave because he didn't think it would help Weaver's case any. He said he was confident that, once the evidence came out, that Weaver would be aquitted. More stuff as it comes available. Drew --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 2 --------------------------------------------------------------------------- Wednesday marked day 2, the beginning of the trial. Opening statements were given by both the prosecution and the defense, each side presenting its version of what happenned last August. The prosecution argued that Weaver and his family moved to Idaho in 1983 anticipating a battle with the "evil" federal government. The prosecution alleges that Weaver sold federal agents "sawed off" shotguns and later failed to appear for trial: Despite repeated "good faith" efforts to get Weaver to surrender peacefully, Weaver refused. The shootout erupted when Weaver discovered agents on a surveillance mission and began firing. According to the prosecution, three people were taking an "offensive action" against an FBI helicopter when an FBI sniper killed Vicki Weaver. The defense argued that Weaver and his family moved to northern Idaho in 1983 to practice their religion in peace. They wanted simply to be left alone. Weaver was induced by federal agents to sell the short-barrelled shotgun (and did not, as the prosecution alleged, want to become a "regular supplier"). The defense also argued that the federal government sought to arrest Weaver when he wouldn't become an informant [it is not specified explicitly, but I assume that this is a reference to the white separatist angle of the story. We'll know more as things develop]. The failure to appear in court happenned because Weaver was given an incorrect court date and then indicted before that date. The shootout occurred when federal agent Arthur Roderick killed Weaver's dog that was in proximity to Weaver's son, Samuel. Weaver then fired in self-defense. In the ensuing battle, federal agent William Degan was killed (when his gun was later found, there were 7 .223 cases nearby and the gun was on semi-automatic: However, agents were near the body for an extended period of time and could have played with the select-fire - this will have to be more fully explained). Finally, the defense claims that Vicki Weaver was only going to "look at the body" [not recover?] of her son when she was cut-down by an FBI sniper. Prosecution quote: "Weaver wanted that confrontation, and he made that confrontation." -- Asst. U.S. Attorney Kim Lindquist Defense quote: "The evidence in this case is going to show that this is a case where Randy Weaver and Kevin Harris are charged with crimes they didn't commit in order to cover crimes that the government did commit." -- Gerry Spence [nice soundbite!] Notes: The _Idaho Statesman_ claims that Weaver supporters heeded a call from Spence not to repeat yesterday's protests outside the courthouse. However, the local NBC affiliate again had footage on the 10:00 news with 5 supporters including "Tim" again. "Tim" claimed he was a skinhead, who were "ordinary, working class people." He also claimed he was for "white pride, not white power." Outside the courthouse the television crew had an impromptu interview with Bo Gritz, who charged that the neo-nazi protestors are exactly what the government wants to smear Randy Weaver. In an affiliated article carried in the _Idaho Statesman_, about a dozen lawyers were among the 70 or so people packed into the courthouse. These lawyers were present to watch Gerry Spence in action, and to perhaps learn something from him. Some tidbits: Spence flatly told the jurors that he and his son Kent were volunteering their time to represent Weaver because they believed in him. Spence, during his 90-minute opening statement, repeatedly walked behind Weaver and placed his hands on the defendants shoulders (Weaver broke down and cried during the recounting of his wife's death), and Spence compared the "sawed off" shotgun to driving 56 mph when the limit was 55 (another good one!). Today (Thursday, April 15th) the prosecution was scheduled to begin presenting evidence. --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 3 --------------------------------------------------------------------------- Thursday, April 15 marked Day 3 of the trial. This day marked the first testimony of the trial. Deputy U.S. Marshal Larry Cooper took the stand for the prosecution. The short version is that his testimony was consistent with the opening statements for the prosecution. Cooper testified that he had arrived in Spokane (Washington) on August 17, 1992 to participate in a surveillance operation with five other deputies near the Weaver cabin. The team was using night vision equipment for surveillance, and split up into two teams of three people. The six later met at an observation point above the cabin. After this, deputies Cooper, William Degan, and Arthur Roderick began a descent to scout further possible surveillance sites. Cooper told the court that Roderick threw two large rocks into a gully to see, "whether the [Weaver family] dogs would respond." Striker, the Weaver's yellow lab, started toward them barking loudly. Roderick led the three in a run from the area. They ran through some dense woods into an open area [called the "fern field"] with the dog in pursuit. By this time, Kevin Harris and Samuel Weaver had joined the chase. The surveillance team had reached a Y in the road: Cooper decided that they should take cover in the woods because otherwise they would be an easy target and might be "shot in the back." As Degan reached the Y, he spotted Randy Weaver coming down the road from the cabin ahead. Weaver was startled but did not fire. At this moment, Striker reached Degan, and Cooper had to "fend him off with his gun." [It is unclear whether this means he clubbed the dog or shot the dog]. Both Cooper and Degan then took cover in the woods. According to Cooper, Kevin Harris and Samuel Weaver continued walking down the road, apparently not noticing the two. After they had passed by on the road, Degan got up on one knee, raised his gun, and shouted, "Stop! U.S. Marshal!" Harris then "...brought the weapon around at hip level and fired. He didn't bring the weapon up to eye level. I saw Bill's arm going back, and I knew he had been hit." Cooper fired at Harris, and Harris went down. Cooper then brought his weapon to bear on Samuel, but did not fire. At this point, Cooper then heard two shots to his right. Samuel Weaver looked in the direction of the shots, yelled, "You son of a bitch!" and ran toward them. Cooper then realized that shots were coming at him from directly ahead, so he fired a three-round burst at the cabin. At this point he then saw Samuel Weaver running toward the cabin. When Cooper reached Degan, he placed his first two fingers on Degan carotid artery, counted two or three beats, and then his heart stopped. Shortly thereafter, Roderick and the other three marshals joined him. They then all heard a large burst of gunfire from the area around the cabin. On cross-examination, David Nevin questioned the point of throwing rocks into the gulley, asking, "You wanted to lure that dog out so you could shoot that dog, didn't you?" Nevin also pointed out that in last September's testimony, Cooper had claimed that he spotted Weaver after the dog had left him. Cooper claimed that he had gone over the events in his head and decided that Thursday's account was correct. Nevin continued the cross-examination by asking what Cooper would have done had an armed man dressed in full camouflage jumped out of the woods at him [no answer was available]. Friday, April 16 marks continued cross-examination of Cooper. Notes: There was no coverage of protestors. --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 4 --------------------------------------------------------------------------- Friday, April 16 marked Day 4 of the trial. Assistant U.S. Attorney Ronald Howen repeatedly objected to Spence's virulent cross-examination of agent Cooper, arguing that the questions were repetitive and Spence was wasting time. Howen also complained that Spence was improperly using a cross-examination to advance the defense's version of the events. U.S. District Judge Edward Lodge sustained many of the objections. However, both lawyers persisted until Judge Lodge had the jury leave the room and proceded to admonish both attorneys. "I'm not going to play games with either counsel. This has been a personality problem from day 1, so start acting like professionals." Spence told the judge that, "When all the evidence is in, we'll see that ... his (agent Larry Cooper) testimony is not credible, that he was panicked and cannot remember the sequence of events." Spence continued, "We're going to find...that there is a very unlikely similarity - almost as if it had come out of a cookie cutter - between the testimony of Mr. Cooper and the other witnesses." Spence then moved for a mistrial on the grounds that Howen's repeated objections would prevent a fair trial, "We can't have a fair trial if the jury believes I'm some sort of charlatan, if the jury believes I'm bending the rules or engaging in some delaying tactic or that I'm violating court orders." Judge Lodge called the notion that his repeated sustainings of Howen's objections had somehow prejudiced the jury was "preposterous" and denied the motion for a mistrial. Lodge did tell Howen to restrict his comments when objecting. The trial resumed with the prosecution calling FBI Special Agent Greg Rampton. The prosecution's purpose was simply to introduce five weapons found in the cabin as evidence: However, the defense seized on the opportunity to further address Cooper's credibility. Defense attorney Ellison Matthews (Harris' other attorney) questioned Rampton about the dog. Rampton stated that there were no specific plans to kill the Weaver's dog without being detected. Matthews then had Rampton read a September 15, 1992 transcript in which Rampton had said that Cooper had said that the purpose of the silenced weapon was to kill the dog without being detected, if the dog chased them. Rampton then acknowledged that he believed that Cooper had said that, but he could not remember when. He then stated that, "I did not conduct the primary interview with Deputy Cooper, but I have had conversations with him since the interview was conducted." Monday, April 19, 1993 will begin the fifth day of the trial. Scheduled is the continued cross-examination of FBI agent Greg Rampton. --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 5 --------------------------------------------------------------------------- Monday, April 19, 1993 was the fifth day of the trial. Synopsis: Government informant Kenneth Fadeley testified that Randy Weaver sold him two shotguns in violation of the National Firearms Act of 1934. U.S. District Court Judge Edward Lodge asks jurors not to hear accounts of the Waco fire because of possible influences on the Weaver/Harris case. The testimony of FBI Special Agent Greg Rampton apparently ended without further incident, as it was mentioned neither by KTVB nor the _Idaho Statesman_. The day was highlighted by the testimony of Kenneth Fadeley, who had been posing as an outlaw biker and illegal guns person named Gus Magiosono. Fadeley testified that he was acting as an informant for the Bureau of Alcohol, Tobacco, and Firearms in his dealings with Randy Weaver. Fadeley began by stating that he had met Weaver in 1987 at an Aryan Nations summer conference in Hayden Lake, Idaho. The two then met again October 11, 1989 (note the huge separation in time) at a restaurant in Sandpoint, Idaho, to begin a weapons transaction. He stated that Weaver had said, "He felt like he (Weaver) was being prepared to do something dangerous for the White cause." The two later met October 24, 1989 behind the restaurant and later went to a city park to make the sale. During this second meeting, Fadeley was wearing a small recording device to tape the conversation. Weaver allegedly showed him an H&R 12- gauge shotgun with a 13-inch barrel and an overall length of 19.25 inches. He additionally showed a Remington 12-gauge shotgun with a 12.75-inch barrel and an overall length of 24.5 inches (NFA requires minimums of 18 inches for barrel length and an overall length of 26 inches). On tape, Weaver is reported to have said that he could perform better work once his machine shop is set up. The two then discuss the possibility of future sales. Fadeley then counts out three hundred dollars for the two guns and promises the balance of one-hundred fifty dollars when they next meet. (Note that the ATF could have simply arrested him here. Why did they wait until January 1991 - over a year later - to arrest him? This is not explained). The next meeting took place on Nov 30, 1989. Fadeley stated that his "source" had only come up with one hundred dollars instead of the one-hundred fifty he'd promised. At this point, Weaver suspected he was dealing with an informant, "I had a guy in Spokane tell me you were bad." Fadeley managed to convince Weaver otherwise. The _Idaho Statesman_ states explicitly that three tapes were made of conversations with Randy Weaver. Thus, each of these meetings must have been recorded. However, the _Statesman_ also reported that a tape of a telephone conversation involving Vicki Weaver (Randy Weaver's wife) was played to the court. There must have also been phone taps. These tapes were played to the court via both headphones and loudspeakers under the objections of Gerry Spence, Weaver's attorney. Spence said to a KTVB reporter that he wanted to make sure that the government proved its case, "...if it has a case at all..." according to the rules. Randy Weaver tore off his headphones and wept when he heard his wife's voice on the tape. U.S. District Court Judge Edward Lodge asked jurors not to hear accounts of the Waco fire because of possible influences on the Weaver/Harris case. Exactly how such information could affect this trial is not explained. Other notes: Sunday evening there was a report on KTVB concerning Kevin Harris. Unnamed agents within the FBI admit that they are surprised that Kevin Harris is still alive. First, they were surprised that he survived the initial gunshot wound(s) sustained in the initial firefight at the Y-junction. Later, when Randy Weaver was struck by sniper fire the sniper had reported that Harris had been struck (not Weaver). Finally, there was a report that the FBI agent who killed Vicki Weaver believed he was aiming at Kevin Harris instead. (This is what was reported). Critics are charging that the FBI was blatantly trying to eliminate the only non-government witness to the deaths of Samuel Weaver and Deputy Marshal William Degan. Some local people believe that Harris's survival is simply due to divine intervention. Tuesday, April 20, 1993 will be the sixth day of the trial. Kenneth Fadeley's testimony is scheduled to continue. ***Warrant Invalid, say Weaver's Lawyers*** ***Suspect given wrong date, says clerk*** [from the Seattle Times, April 23, 1993] Firearms - Politics Associated Press BOISE, Idaho - The defense in the murder-conspiracy trial of Randy Weaver and Kevin Harris continues to hammer away at the criminal charges that led to a bloody shootout and an 11-day siege at Weaver's Idaho cabin. The Aug. 21 shootout started when federal officers were trying to arrest Weaver on a weapons charge and charge that he failed to appear in court. One federal marshal died in that shootout. In the eight day of trial yesterday in U.S. District Court here, defense attorneys continued to question the validity of the failure-to- appear count. Weaver and Harris are accused of murdering Deputy Marshal William Degan, Quincy, Mass., in the initial shootout. Weaver's son, Samuel, 14, also died in that firefight, and Vicki Weaver, 42, was killed by a sniper the next day. A court clerk testified he advised U.S. District Judge Harold Ryan that Weaver was given the wrong court date, before Ryan issued a warrant for Weaver's failure to appear. But under further questioning by Prosecutor Ronald Howen, clerk Ronald Haberman was less definite. "I'm saying I communicated that to judge Ryan," Haberman told Howen. "But I'm not sure when or how." Ryan signed the warrant that set in motion events leading to the violent confrontation. Earlier, federal probation officer Karl Richins admitted that while court officials advised him the Weaver should appear for trial on Feb. 20, 1991, he mistakenly told Weaver the date was March 20, 1991. The government obtained a Feb. 20, 1991, fugitive warrant for Weaver. But late in the day, prosecutors used the testimony of U.S. Attorney Maurice Ellsworth to support their claim that the Weavers had long conspired to force an armed confrontation with federal agents. Ellsworth quoted a letter sent to him just before the trial was scheduled and signed by Weaver's wife saying, "Whether we live or whether we die, we will not bow to your evil commandments." He turned the letter over to federal investigators. But the investigating marshal, William Mays, said he told Ellsworth he did not find the letter threatening. Spence said Weaver's wife was merely complaining about the unfair treatment of her husband. And he objected tao the prosecution's attempt to link a letter from Vicki Weaver to her husband. Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel * b* th* Idaho_Survivalist. Randy Weaver/Kevin Harris trial update: Day 6. Tuesday, April 20, 1993 was the sixth day of the trial. Synopsis: Government informant Kenneth Fadeley continued his testimony that Randy Weaver sold him two illegal shotguns in 1989. Fadeley denied defense arguments that Weaver was entrapped. Weaver's defense attorney Gerry Spence moved twice for mistrials and was denied both times. Aryan Nations leader Richard Butler has now been subpoenaed to testify at the trial. Defense attorney Charles Peterson continued the cross-examination of Kenneth Fadeley today, arguing that Fadeley had entrapped Randy Weaver. Fadeley had been posing as an illegal arms merchant named Gus Magisono. Fadeley flatly denied the entrapment, "I didn't entice Randy Weaver, sir." Fadeley again stated that he had met Weaver at a series of Aryan Nations conferences held in July 1986, July 1987, and July, 1989. A point of contention arose around the decision to not tape the October 11, 1989 meeting between Fadeley and Weaver at Connie's Restaurant in Sandpoint, Idaho. Fadeley simply said that BATF agent Herb Byerly, who had been supervising Fadeley's undercover work, had declined to tape the meeting. The defense saw things differently, "The reason that you didn't tape any of those meetings is you didn't want a permanent record of the offers you made to my client, right?" Fadeley responded, "No, that's not correct." At this point, defense attorney Gerry Spence moved to have Fadeley's testimony stricken from the record after Fadeley had admitted that he thought he would receive payment for his undercover work only if Weaver was convicted. District Judge Edward Lodge denied the motion. BATF agent Herb Byerly then took the stand. He stated that any money Fadeley would receive would have nothing to do with the outcome of the trial. Byerly also denied entrapping Weaver. Byerly did acknowledge that he and another [unnamed as yet] ATF agent had met with Weaver about the case and asked him on June 12, 1990 about becoming an informer against certain unnamed parties within the Aryan Nations. The cross-examination of BATF agent Herb Byerly is scheduled to resume Wednesday, April 21, 1993. Related stories: Defense attorney Gerry Spence moved twice for a mistrial. His first motion was based on the argument that the jury had been prejudiced by repeated references to racist groups and the federal Witness Protection Program. Spence argued that a federal informant's repeated reference to a racist group to which Randy Weaver did not belong made it impossible for him to have a fair trial, "My sad observation is that this case ought not to become a with hunt." In response to this, Asst. U.S. Attorney Kim Linquist argued that Weaver's and Harris's beliefs were entirely relevant because they showed a motivation for confrontation with the federal government. Lodge denied the motion for a mistrial. Spence moved again for a mistrial later in the day. This time he argued that a question from Asst. U.S. Attorney Ronald Howen to a federal informant about possibly entering the Witness Protection Program unfairly characterized Weaver as dangerous. Lodge denied this second motion for a mistrial as well. In another related story, Aryan Nations leader Richard Butler was formally subpoenaed in Hayden Lake, Idaho, to testify in the trial of Randy Weaver. Prosecutors allege that Weaver attended several Aryan Nations conferences and associated with several members of the group. The defense countered by arguing that Weaver is a white separatist, not a white supremacist, and was not a member of the Aryan Nation's violent faction, known as The Order. Upon receiving his subpoena, Butler stated that Weaver is being unfairly persecuted because of his white separatist views and that, "He wanted to be left alone. Any sane jury is going to see that this is a government-paid prosecution [sic - he probably meant persecution. The text is from the Statesman] of an individual white man." At a news conference kicking off the Aryan Youth Assembly, leaders of the Aryan Nations-Church of Jesus Christ Christian denied that they were stockpiling arms at the northern Idaho compound. They then showed off a special pile of paper mache human arms, complete with a sign reading, "Arms Stockpile." Aryan Nations Chief of Staff Carl Franklin did state that members are encouraged to exercise their rights to keep and bear arms, and many members collect and carry weapons. He also stated that two members arrested on concealed carry charges were no threat to anyone; they had simply forgotten to remove their holsters before leaving the compound. --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 6 --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 6. Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel 7. Tuesday, April 20, 1993 was the sixth day of the trial. Synopsis: Government informant Kenneth Fadeley continued his testimony that Randy Weaver sold him two illegal shotguns in 1989. Fadeley denied defense arguments that Weaver was entrapped. Weaver's defense attorney Gerry Spence moved twice for mistrials and was denied both times. Aryan Nations leader Richard Butler has now been subpoenaed to testify at the trial. Defense attorney Charles Peterson continued the cross-examination of Kenneth Fadeley today, arguing that Fadeley had entrapped Randy Weaver. Fadeley had been posing as an illegal arms merchant named Gus Magisono. Fadeley flatly denied the entrapment, "I didn't entice Randy Weaver, sir." Fadeley again stated that he had met Weaver at a series of Aryan Nations conferences held in July 1986, July 1987, and July, 1989. A point of contention arose around the decision to not tape the October 11, 1989 meeting between Fadeley and Weaver at Connie's Restaurant in Sandpoint, Idaho. Fadeley simply said that BATF agent Herb Byerly, who had been supervising Fadeley's undercover work, had declined to tape the meeting. The defense saw things differently, "The reason that you didn't tape any of those meetings is you didn't want a permanent record of the offers you made to my client, right?" Fadeley responded, "No, that's not correct." At this point, defense attorney Gerry Spence moved to have Fadeley's testimony stricken from the record after Fadeley had admitted that he thought he would receive payment for his undercover work only if Weaver was convicted. District Judge Edward Lodge denied the motion. BATF agent Herb Byerly then took the stand. He stated that any money Fadeley would receive would have nothing to do with the outcome of the trial. Byerly also denied entrapping Weaver. Byerly did acknowledge that he and another [unnamed as yet] ATF agent had met with Weaver about the case and asked him on June 12, 1990 about becoming an informer against certain unnamed parties within the Aryan Nations. The cross-examination of BATF agent Herb Byerly is scheduled to resume Wednesday, April 21, 1993. Related stories: Defense attorney Gerry Spence moved twice for a mistrial. His first motion was based on the argument that the jury had been prejudiced by repeated references to racist groups and the federal Witness Protection Program. Spence argued that a federal informant's repeated reference to a racist group to which Randy Weaver did not belong made it impossible for him to have a fair trial, "My sad observation is that this case ought not to become a with hunt." In response to this, Asst. U.S. Attorney Kim Linquist argued that Weaver's and Harris's beliefs were entirely relevant because they showed a motivation for confrontation with the federal government. Lodge denied the motion for a mistrial. Spence moved again for a mistrial later in the day. This time he argued that a question from Asst. U.S. Attorney Ronald Howen to a federal informant about possibly entering the Witness Protection Program unfairly characterized Weaver as dangerous. Lodge denied this second motion for a mistrial as well. In another related story, Aryan Nations leader Richard Butler was formally subpoenaed in Hayden Lake, Idaho, to testify in the trial of Randy Weaver. Prosecutors allege that Weaver attended several Aryan Nations conferences and associated with several members of the group. The defense countered by arguing that Weaver is a white separatist, not a white supremacist, and was not a member of the Aryan Nation's violent faction, known as The Order. Upon receiving his subpoena, Butler stated that Weaver is being unfairly persecuted because of his white separatist views and that, "He wanted to be left alone. Any sane jury is going to see that this is a government-paid prosecution [sic - he probably meant persecution. The text is from the Statesman] of an individual white man." At a news conference kicking off the Aryan Youth Assembly, leaders of the Aryan Nations-Church of Jesus Christ Christian denied that they were stockpiling arms at the northern Idaho compound. They then showed off a special pile of paper mache human arms, complete with a sign reading, "Arms Stockpile." Aryan Nations Chief of Staff Carl Franklin did state that members are encouraged to exercise their rights to keep and bear arms, and many members collect and carry weapons. He also stated that two members arrested on concealed carry charges were no threat to anyone; they had simply forgotten to remove their holsters before leaving the compound. --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 7 --------------------------------------------------------------------------- Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel 7. Randy Weaver/Kevin Harris trial update: Day 7. Wednesday, April 21, 1993 was the seventh day of the trial. Synopsis: Tapes were played today focusing on Weaver's agreement to dispose of his firearms as condition of his 1991 release from custody. Defense Attorney Charles Peterson moved for a mistrial on the grounds that references to white supremacist's foiled 1990 plot to bomb a gay nightclub had prejudiced the jury. U.S. District Judge Edward Lodge denied the motion. The trial was highlighted by a description of Randy Weaver's January 17, 1991 arrest near his home in northern Idaho by a team of BATF agents. BATF Special Agent Lance Hart and BATF Special Agent Barbara Anderson posed as a couple with a broken down pickup truck. The truck was strategically located so as to block the one-lane bridge near the Weaver's home. When Randy Weaver and his wife, Vicki Weaver, stopped to help, they were swarmed by agents Hart, Anderson, as well as 3 additional ATF agents and Boundary County Sheriff Bruce Whittaker. The latter four were hiding in the back of the pickup truck inside a camper shell. An unnamed agent testified that Weaver lunged for the agent's pistol during the arrest, and also went for his own gun during an ensuing struggle. ATF agents were able to subdue him without a shot being fired and proceded to inform him that he was under arrest for federal weapons charges: Specifically, the sale of two sawed-off shotguns. They then confiscated [at least they're being honest for once - if Randy Weaver is later found innocent his guns will most likely remain "confiscated"] a .22-caliber Beretta from Randy Weaver and a .38 revolver from Vicki. She was not arrested and the agents returned her firearm. As conditions of pretrial release, then-Magistrate Stephen Myers told Randy Weaver to stay in northern Idaho, not drink excessively, use drugs, or possess firearms. A tape was then played in which Weaver agreed to these terms, "I'll get rid of them [the guns]," Weaver said. The prosecution then noted that immediately after the standoff they confiscated [see above for refreshing honesty] at least 14 rifles, shotguns, and pistols from the cabin. The prosecution's strategy is obviously to depict Weaver as someone who flagrantly violates both his own promises as well as federal law. Sparks flew as defense attorney Charles Peterson moved for a mistrial, essentially on the same grounds that Gerry Spence had used the previous day. Peterson argued that references to a white supremacist group's 1990 intentions to bomb a gay nightclub in Seattle had prejudiced the jury against Weaver. This marked the fourth(!) motion for a mistrial in the seven days of the trial. U.S. District Court Judge Edward Lodge remarked, "I don't need any more argument because it's absolutely absurd. The motion for a mistrial is denied." Prosecution testimony is slated to continue as the eighth day of the trial begins on Thursday, April 22, 1993. --------------------------------------------------------------------------- Subject: Randy Weaver trial update: Day 8 --------------------------------------------------------------------------- Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel 7. Thursday, April 22, 1993 was the eighth day of the trial. Synopsis: A U.S. Probation officer testified that he told Randy Weaver that Weaver's federal weapons trial was March 20, 1991 when in fact it was February 20, 1991. The prosecution countered by arguing that Weaver didn't show up on March 20, 1991, either, and had no intention of showing up at all. Weaver was arrested January 17, 1991 on federal weapons charges of selling an illegally short shotgun. Then-U.S. Magistrate Stephen Ayers released him the next day, set his trial date tentatively for February 19, 1991, and instructed Weaver to call his probation officer January 22, 1991. Weaver did in fact call, as instructed, on January 22, 1991. His probation officer, Karl Richins, then told him that his paperwork had not yet been processed. Weaver, according to Richins's testimony, never again contacted the probation office. Richins, however, then testified that on February 7, 1991 he sent Randy Weaver a letter stating that Weaver's federal weapons trial was scheduled for March 20, 1991. The trial date was actually February 20, 1991, conclusively demonstrating that Weaver was given an incorrect trial date. "I've rehashed that [the error] more times than I can think. A typographical error is the best reason I can come up with." On February 20, 1991, Weaver did not appear in court. His court- appointed attorney did, however, leading U.S. District Judge Harold Ryan to issue a bench warrant for his arrest. Ryan's clerk had been the individual who had initially rescheduled the trial from February 19, 1991 to February 20, 1991. There was some discussion as to when the clerk informed Judge Ryan about the erroneous letter. The clerk's testimony was conflicting about the timing of when he told the judge. U.S. Attorney Maurice Ellsworth then took the stand. He testified that on February 7, 1991 he received a letter from Vicki Weaver addressed to him as a "Servant of the Queen of Babylon." The letter was dated February 3, 1991 and reads as follows: Sir: Please pass this attached letter up the line of your chain of command. Yah-Yahshua the Messiah of Saxon Israel is our Advocate and our Judge. The stink of your lawless government has reached heaven, the abode of Yahweh our Yahshua. Whether we live or whether we die, we will not bow to your evil commandments. Mrs. Vicki Weaver A second letter was contained in the envelope. It was dated January 22, 1991 and reads as follows: To: The queen of Babylon Yahweh lives! A man cannot have two masters. Yahweh Yahshua Messiah the annoited One of Saxon Israel is our law giver and our King. We will obey him and no others. "The deities that have not made the heavens and the earth, they shall perish from the earth and from under these heavens" - Jeremyah Halleluyah! Yah Yahshua will be magnified and honored. "...a long forgotten wind is starting to blow. Do you hear the approaching thunder? It is that of awakened Saxon. War is upon the land. The tyrants blood will flow." - Matthews Mrs. Vicki Weaver U.S. Attorney Ellsworth testified that at the time he received the letters he was unaware of the Weaver case. Nonetheless, he stated, "I decided it was a veiled threat, at least, and should be referred to the U.S. Marshal's Service for investigation." Deputy Marshal Warren Mays did the threat evaluation and declared the letters no threat, although he did say that they represented some risk of failure to appear. Weaver's attorney Gerry Spence suggested in court that Vicki Weaver's letters were written to complain about the unfair treatment her husband was receiving. After both Spence and U.S. District Attorney Kim Lindquist read passages from the Bible including segments of Jeremiah and Revelations, Spence then asked Ellsworth, "Do you, after hearing about the Queen of Babylon, feel that we should have a risk assessment of the Bible?" U.S. Attorney Maurice Ellsworth completed his testimony by stating that, in full knowledge of Richins's erroneous letter, nonetheless sought and obtained a Grand Jury indictment against Weaver for failure to appear on March 14, 1991. Ellsworth testified that he realized that the failure to appear charge might later be dismissed were Weaver to show up on March 20, 1991. Friday, April 23 will mark the ninth day of the trial. Scheduled is the cross-examination of Deputy Warren Mays. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 9. --------------------------------------------------------------------------- Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel 7. Friday, April 23, 1993 was the ninth day of the trial. Synopsis: U.S. District Judge Edward Lodge angrily lectured both the prosecution and the defense about unprofessional conduct. Defense attorney Gerry Spence cross-examined U.S. Marshal Warren Mays, alleging that Mays was insensitive to Randy Weaver's feelings that Weaver was being persecuted. In a related story, a Boundary Country fire district is preparing to the sue the FBI to recover costs incurred during the standoff. The day began with the cross-examination of Deputy U.S. Marshal Warren Mays, who served as the primary investigator of Weaver's case starting from February, 1991. Defense attorney Gerry Spence had been asking Mays about documents, technically not yet admitted as evidence, from Mays's file on Weaver. U.S. District Attorney Kim Lindquist repeatedly objected, arguing that the documents had not yet been admitted as evidence. At one point, Spence asked U.S. District Attorney Kim Lindquist to help Mays locate a memo in the file, and Linquist responded, "You help him." Judge Lodge glared furiously at Lindquist and Spence as he had the jury ushered out. He then proceeded to blast them, "You're not conducting yourselves professionally. You're making a mockery out of the judicial system." He then addressed Linquist directly, "These little nitpicking objections have got to stop. This evidence is going to get in one way or another. I can see why this case is going to take 15 months, but it's not; it's going to take two. The jury was then brought back into the courtroom. Spence continued to hammer away at Mays, alleging that Mays was insensitive to Randy Weaver's feelings of persecution, "The truth of the matter was that you were building a case that would give you grounds to claim that this was a threatening situation, isn't it?" Mays, who had done the threat assessment of Vicki Weaver's letters, denied the defense's interpretation. Later in the day, prosecutors introduced the trial transcript of February 20, 1991 when Randy Weaver failed to appear in court. The defense objected to this evidence but was overruled. In the transcript, Weaver's court-appointed attorney Everett Hofmeister stated that he had sent Randy Weaver four letters and tried to reach him by telephone to notify him of the trial date. Hofmeister stated that he was unable to reach Weaver at all. The trial is in recess until Monday, May 3rd, 1993, at 8:30am. In a related story, a rural Boundary County fire district is preparing to sue the FBI for failure to reimburse expenses after providing fire protection services for nine days in the standoff. North Bench Volunteer Fire District Chief Gary Gage claims that his organization spent $28,800 providing fire protection services during the standoff, including one incident in which two tents occupied by FBI agents had caught fire due to an improper fuel mixture in diesel-gasoline heating units. Gage remarked, "We really didn't want to go in to begin with. The hardest part of the whole thing was having people call us baby killers and traitors as we crossed through the barricade." FBI Spokesman Nestor Michnyak said the request for reimbursement was currently being "re-reviewed" by the agency.