--------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 38. --------------------------------------------------------------------------- Friday, June 11, 1993 was the thirty-eighth of the trial. Synopsis: Attorneys for both sides spent most of the morning arguing over the jury instructions. When they appeared before Judge Edward Lodge, the defense requested that all charges be dropped. Lodge outright dismissed two charges against Randy Weaver and Kevin Harris. As Judge Lodge dismissed the two counts, U.S. Attorney Ronald Howen broke down, unable to speak. The court recessed, and when it returned Howen was noticeably absent. The attorneys for both sides spent most of Friday morning arguing over the jury instructions that will be read to the jury before they begin deliberations. When the attorneys came before U.S. District Judge Edward Lodge, the defense requested that all charges be dropped. As David Nevin said, "There's not enough evidence to go to the jury. They simply have not made their case beyond a reasonable doubt." David Nevin and Gerry Spence are defending Randy Weaver and Kevin Harris. Weaver and Harris are charged with murder and conspiracy in the wake of the fateful gun battle that left federal agent William Degan dead. Judge Lodge refused to dismiss all ten counts, but he did agree to dismiss two counts. The first charge alleged that Randy Weaver, "threatened to shoot a government helicopter in which FBI agents were riding in." The maximum penalty was 10 years and a $250,000 fine. The second charge was possession of firearms by a fugitive. The FBI seized 14 weapons after Weaver and Harris surrendered after the 11-day standoff in August, 1992. The penalty for this violation was also 10 years and a $250,000 fine. The defense argued that neither Weaver nor Harris met the federal fugitive criteria, as they did not flee across state lines. U.S. Attorney Ronald Howen was about 20 minutes into a charge by charge discussion when he suddenly stopped talking and began shaking all over, and after a noticeably long silence, finally creaked, "I'm sorry judge, I can't continue." Judge Lodge immediately called recess. Howen sat down, and Assistant U.S. Attorney Kim Lindquist patted him on the back. According to one observer, it appeared as though Howen had cracked. When the court resumed session about 40 minutes later, Howen was absent. Little explanation was offered, the only comment coming from Maurice Ellsworth, U.S. Attorney for Idaho, who said, "He's just not feeling well." Eight charges remain against Randy Weaver and Kevin Harris. They are as follows: Conspiracy. The government alleges that Randy Weaver and Kevin Harris purposefully bought a remote mountaintop cabin, accumulated illegal weapons, and intimidated neighbors and law enforcement officials, and prepared to kill government officials. Maximum sentence is five years and a $250,000 fine. Illegal firearms. Randy Weaver faces this charge alone in connection with the two illegally short shotguns allegedly sold to an undercover agent in 1989. Maximum sentence is ten years and a $250,000 fine. Failure to appear. Randy Weaver faces this charge alone. The government alleges that he failed to appear for his 1991 court date in connection with the illegal weapons. Maximum sentence is five years and a $250,000 fine. Assault. Both Randy Weaver and Kevin Harris allegedly assaulted and interfered with federal operatives in the August 21, 1992 gun battle. The maximum sentence is 10 years and a $250,000 fine. Murder. Harris is charged with the murder of federal operative William Degan by shooting him at close range. Randy Weaver allegedly helped [exactly how is not mentioned]. Maximum sentence is life in prison, and a $250,000 fine. Harboring a fugitive. Harris stands this charge alone. He is charged with helping Randy Weaver hide after Weaver allegedly decided to skip his 1991 court date. Committing crimes after being released on condition of showing for trial. Randy Weaver stands this charge alone. Maximum sentence is ten years and a $250,000 fine. Using the firearm in the commission of a violent crime. Both Randy Weaver and Kevin Harris, if found guilty, could get an extra five years and a further $250,000 fine. The trial is scheduled to resume Monday, June 14, 1993 with further discussion of jury instructions. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 39. --------------------------------------------------------------------------- Monday, June 14, 1993 was the thirty-ninth of the trial. Synopsis: After nearly two days of discussion, U.S. District Judge Edward Lodge issued instructions to the jury today. Partial victories were won by both the prosecution and the defense. The court is braced for what is likely to be a spectacular set of closing arguments tomorrow. U.S. District Judge Edward Lodge today told the jury that the religious beliefs of white separatists Randy Weaver and Kevin Harris cannot be held against them. The jury was told that the two should be found innocent if they acted in self-defense. However, not everything went the defense's way. Defense attorney Gerry Spence objected as the jurors were told that they could consider lesser degrees of murder against Weaver and Harris. Said Spence, "It's either he's guilty of murder or nothing." Spence was able to extract two other victories, however. First, he requested an extra hour for closing arguments, over and above the three hours and thirty minutes allotted. Judge Lodge granted Spence an extra thirty minutes, saying, "The mind can absorb only what the seat can endure." [Heh! Good quote!]. Throughout the trial, Judge Lodge has restricted the motion of the attorneys for both sides. Spence complained that he was engaged in a "spastic embrace with a podium...Let me walk down there and talk to my friends on the jury." In Spence's other victory, Spence will be free to roam the courtroom, save that he must remain behind a line 10 feet from the jury box. U.S. Attorney Ronald Howen's mystery disappearance continued today. Howen began shaking all over and was unable to speak last Friday. The only comment today was by U.S. Attorney for Idaho, Maurice Ellsworth, who said, "He [Ronald Howen] was ill. We don't have any other comment." The trial is scheduled to resume Tuesday, June 15, 1993 with the closing arguments of the trial. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 40. --------------------------------------------------------------------------- Tuesday, June 15, 1993 was the fortieth day of the trial. Synopsis: Spectators from throughout the United States converged to hear the closing arguments in the murder/conspiracy trial of Randy Weaver and Kevin Harris. The closing arguments were, as expected, explosive. The defense added a new twist, suggesting that federal agent William Degan was killed by agent Larry Cooper rather than by Kevin Harris. At 5:50pm MDT, U.S. District Judge Edward Lodge sequestered the jury and deliberations began. Today saw the closing arguments in the murder/conspiracy trial of Randy Weaver and Kevin Harris. Assistant U.S. Attorney Ronald Howen was again absent, leaving the burden on Assistant U.S. Attorney Kim Lindquist. The arguments were as contentious as expected. Lindquist began by showing one of the illegal shotguns that Randy Weaver allegedly modified, which, according to Lindquist, set off the whole chain of events that led to the death of federal agent William Degan. Lindquist pushed the idea that the Weavers sought a confrontation with the government, that they reveled in the idea. Linquist, often quoting Shakespeare and Oliver Wendell Holmes, said that the charges against Weaver and Harris ultimately sprung from their religious beliefs and hated of the government. Said Lindquist, "This is a man and a woman [Randy Weaver and Vicki Weaver] who believed they were dealing with Satan himself. And when you're dealing with Satan, you pull out all the stops. This was the focus of their lives. This was their driving force...The defiance of law explains every aspect of this case." Lindquist then discussed Randy Weaver's alleged failure to appear for his 1991 court date, "That event, that confrontation, became a self-fulfilling prophecy. It was necessary to show themselves and the world that they were right." Linquist, playing the religious beliefs angle to the hilt, argued that while the Weavers were entitled to their beliefs, not all beliefs can be protected, "There would be utter chaos. There has to be a limit. Their beliefs encompassed an intense hated for the government...You can see we continue to push the parameters of reasonableness, the parameters of common sense, the parameters of right and wrong." Finally, Lindquist attempted some last-minute public relations for the Marshal's Service. In reference to attempts to avoid harming the Weaver children, Lindquist said, "The Marshal's Service was more concerned about the safety of those children than Mr. and Mrs. Weaver." Lindquist wore a black suit, spoke in "lofty lawyerly language" [_Statesman_ quote], and argued the full 3 1/2-hours himself. The defense opened with a ninety minute argument by Boise-based defense attorney David Nevin. Nevin began by telling the jury that the government lied, "The government's case against Kevin Harris is false. The government witnesses did not tell the truth." Nevin continued, calling the government's allegation of conspiracy "baloney...This is a preposterous notion that the whole thing was planned." Nevin then noted that Linquist had only spoken of the shooting of William Degan and Samuel Weaver for just 13 minutes. He added, "That is what is called avoidance behavior. That's because these things [murder and conspiracy] are not the truth." Then, in a surprise twist, Nevin got down on one knee and, while holding Degan's gun, proposed that federal agent Larry Cooper may have shot Degan from behind. Until now, the defense had all but acknowledged that Harris had killed Degan. In any case, Nevin argued that Harris had acted in self-defense and in doing so had an absolute defense against a murder charge. Said Nevin, "Kevin had a fraction of a second to decide. He did the only thing he could to protect himself." Nevin charged that the government failed to use common sense: Weaver had been holed up in his cabin for 18 months under what amounted self-imposed exile, "Why not just leave him there? He was under house arrest. He wasn't going anywhere," said Nevin. Nevin, in arguing before the jury, thrice quoted George Washington, "Government is not reason, it is force. Like fire, it is a dangerous servant and a fearful master." Famed defense attorney Gerry Spence seized on the government out of control angle, arguing that the U.S. Marshal's cooked up a story to cover up the death of Samuel Weaver. Spence pounded his fist on the podium, glared at Linquist, and said, "The theme is to charge Randy Weaver and demonize him and make him into an evil, spiteful, hateful person so that you [Lindquist] can cover up the murder of a little boy shot in the back and the murder of a woman shot in the head...This is a murder case, but the people who have committed the murder have not been charged. The people who committed the murder are not in the courtroom." Lindquist called the coverup theory "cynical," and then told Spence, "You got a lot of theatrics, but you didn't get a statement of the truth." Lindquist told the jury, "I think that you must agree that the truth comes through. I've heard conjecture; I've heard speculation; I've heard sarcasm; and I've heard lots of cynicism. Such things from the mouths of lawyers are not the facts." In response, Spence moved toward Lindquist, clapped his hands loudly, and said, "Wake up!" Spence thundered, "The government doesn't shoot boys in the back!" Spence went on to call agents of the Bureau of Alcohol, Tobacco, and Firearms "the new Gestapo in America," and blasted the BATF, U.S. Marshal's Service, and FBI for "Big Brother" tactics. Spence asked the jury to send a message to the highest levels of government: He singled out the FBI hostage rescue team, one of whose members killed Vicki Weaver. Spence then said, "These are the Waco boys. You've [the jury] got more power than anybody, because you can say 'No'...Doesn't that verdict want to say 'No' to this kind of conduct? [to the government's conduct]." Spence commented on the ATF plan, in the wake of the alleged shotgun sales to an undercover informant, to recruit Randy Weaver into informing on the Aryan Nations church. Spence said, "Randy Weaver's crime was not that he sawed off a shotgun. His crime was that he wouldn't snitch." Spence singled out Weaver's two daughters [Sara and Rachel], and had them stand twice from the front row for the jurors to see. Lindquist responded by telling the jury, "Picture them, these two innocent, lovely young ladies, packing these things around [what was being "packed around" was not specified] with a pistol on their hip." But Spence was brilliant at swaying the jury's emotions. He called himself a "country lawyer" and, in retelling his mother's stories, would bring laughter to the jury and sometimes a tear to their eyes. The case went to the jury at 5:50pm Mountain Daylight Time Tuesday, June 15. Jurors have 60 separate instructions on 65 pages of text. They are faced with reviewing testimony from 56 witnesses. The jury was sequestered by Judge Lodge. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 41. --------------------------------------------------------------------------- Wednesday, June 16, 1993 was the forty-first day of the trial. Synopsis: The Weaver family and Weaver family supporters gathered as the jury begins the first full day of deliberation. In a related story, analysts believe that Assistant U.S. Attorney Ronald Howen's absence may have benefitted the defense. U.S. District Judge Edward Lodge stated that, even after the verdict, the names of the jurors will remain secret. Supporters of Randy Weaver and Kevin Harris have begun to amass as the jury begins the first full day of deliberation. Three men were depicted in a front-page photograph in the _Idaho Statesman_: Erwin Harding from Portland, Oregon, Len Martin from Valley City, N.D., and Allen Brosnius from Redding California. These gentlemen and other Weaver supporters have been staying in a vacant rental house owned by another Weaver supporter and Boise resident. Martin has been following the Weaver case closely from the beginning for a book he's writing. Martin told reporters, "The Weavers are victims. SWAT team attacks have been increasing. It's getting out of hand." Brosnius echoed the sentiment, "When [Weaver and Harris] walk out of the courtroom free men, I want to shake their hands. I'm very constitutionally citizenship-oriented. I do not like what the federal government and the New World Order is doing to us." Brosnius plans on spending the rest of his life "stopping the New World Order." Another man, named Peter [he refused to give his last name], came to see Gerry Spence in action. Peter said he's looking for an attorney to handle a case involving the death of his father, "at the hands of other medical doctors." Peter continued, "I'm so impressed with what I've seen in the courtroom, especially the closing arguments, that regardless of the verdict, I feel Spence has done justice to the Weaver [and] Harris families." Peter plans on traveling to Jackson, Wyoming, to meet with Spence if he is unable to meet him in Boise. In a related story, U.S. District Judge Edward Lodge today stated that, even after the verdict, the names of the jurors will remain secret. Lodge's decision was based on "security and protection" concerns. In another related story, courtroom observers generally agree that the absence of Assistant U.S. Attorney Ronald Howen probably helped the defense. As Judge Lodge was dismissing two counts against Randy Weaver and Kevin Harris last Friday, Howen suddenly began shaking all over and was unable to speak. The court recessed and Howen was noticeably absent when proceedings resumed. Jim Harris, a former Ada County [Ada County, Idaho: Boise is located in Ada County] prosecutor who has known Howen for over a decade, said that Howen's absence may be critical. Harris said, "My experience, as a prosecutor, is that it would put a significant burden on the government's case, losing the lead prosecutor at that stage of the trial." U.S. Attorney [Idaho] Maurice Ellsworth disagreed, saying, "He got sick. I think people allow for, or understand, that." Yet the jury was not told why Howen has been absent from the courtroom since last Friday. The only explanation they got was from Assistant U.S. Attorney Kim Lindquist, who said, "I will mention, also, due to unforseen circumstances, Mr. Howen is not with me today, but I will speak for him nonetheless." Gerry Spence would not comment on whether Howen's absence would help the defense, but did say that when he inquired about Howen he was "rebuffed." Judge Lodge said, "I have no reason to believe it [Howen's absence] would be a problem. I have not talked with Mr. Howen, but I am concerned [about his health]. I hope that everything is OK." The only other piece of information available about Howen was supplied to Jim Harris via mutual friends. Harris said, "All I know is that he's under care at home." Randy Weaver's parents are currently in Jefferson City, Iowa, but they are deeply concerned about their son. Said Clarence Weaver, Randy's father, "We're prayin' for the whole outfit." When asked about a verdict, he said, "I don't know. It's been pretty well drawn out. It's been tough on us." Clarence, 85, and his wife Wilma, 76, consider themselves too old and too poor to travel to Boise to await the verdict. Clarence mentioned that he needed sleeping pills to get to sleep Tuesday night, in spite of the brilliant closing arguments by defense attorney Gerry Spence. Clarence said of Spence, "I'm proud of him and his son and Chuck [Chuck Peterson, a Boise attorney who has also defended Randy Weaver]. I wish I could do more for them. I don't know what we'd do if we didn't have them." Support for the Weaver family has been coming from all over the world, according to Clarence Weaver. He said, "My phone bill's high, and my wife's gone through twenty books of stamps. People we never heard of before. They think it's terrible what happened to Randy and Vicki." Despite their decision not to travel to Boise to await the verdict, Clarence and Wilma have twice visited Boise during the trial. In both instances, Clarence was granted only non-contact visitation. In one case, he brought Randy's youngest daughter with him, "She had to kiss her daddy through the glass," Clarence said. Clarence continued, saying that Randy's training as a Green Beret while in the military has helped him cope in jail, "He's done real good for what he's been through. He had a good relationship with the guys in the jail." Clarence concluded by noting the irony of Randy's prosecution, "Randall quit college and went into the service. He felt like he should go for his country. And now you can see what the U.S. Government has done to him." --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 42. --------------------------------------------------------------------------- Thursday, June 17, 1993 was the forty-second day of the trial. Synopsis: Attorneys on both sides acknowledge that deliberations could continue for a "long time." Defense attorneys David Nevin and Gerry Spence met with their clients for a few minutes today. Attorneys for both the prosecution and defense today acknowledged that deliberations could continue for a "long time" given the rather complicated nature of the case. David Nevin, defense attorney for Kevin Harris, said that the jurors will probably take their time, "You picture people having sat patiently for two months, 40 days, and 56 witnesses...and now you retire to the jury room. It could go on for a long time because of the volume of stuff that they have to go through." Nevin then summarized the deliberation issue succinctly, "A jury might be out for an hour or it might be out for a week. There isn't anything to do but wait." Nevin said that, in the event the jury fails to reach a verdict this week, he expects that the deliberations will continue into the weekend. The jury decides its own schedule for weekend duty. The jury met today from 8am to 5pm without asking U.S. District Judge Edward Lodge any questions. In a related story, defense attorneys David Nevin and Gerry Spence today met with the clients on the seventh floor of the federal courthouse in Boise, Idaho. After the meeting, Nevin said, "He's [Harris] twenty-five years old and charged with murder and he's waiting for the verdict. He seems optimistic and he seems to be in as good spirits as you could expect." Gerry Spence was considerably more cagey, "We [Spence and Randy Weaver] talked about life, love, and the price of a hamburger." --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 43. --------------------------------------------------------------------------- Friday, June 18, 1993 was the forty-third day of the trial. Synopsis: Defense attorney Gerry Spence complained about the extremely tight security surrounding the jury. The measures were justified, according to the U.S. Marshal's Service, due to an early morning incident Friday involving firearms. The jury is beginning the fourth day of testimony [third full day]. Two Weaver supporters were approached by U.S. Marshals in the early morning hours of Friday, June 18, 1993. David Cooper, 25, of Las Vegas, Nevada, and John Bangerter, 23, of Hurricane, Utah, were sleeping in an automobile parked in the lot outside the V.A. hospital [near the U.S. Federal Courthouse]. The two met up in Nevada and drove all night to get to Boise. Said Cooper, "We were going to sleep in the car at the V.A. They searched our vehicle, harassed us, and called the ATF." Cooper informed the officers that they would find his gun in the trunk of the car. Officers in fact found two registered pistols [where and with whom the weapons were registered was not mentioned] locked and secured in the trunk of the car. Cooper and Bangerter were detained about three hours before the police released them and returned their pistols [Good thing their pistols weren't taken in California, or they'd have never gotten them back]. All in all, Cooper was impressed by the professionalism of the Boise Police Department, "We told Clinton jokes...Some of them laughed." The two men plan on staying in Boise throughout the jury's deliberation. Cooper said, "Even if they're free and acquitted it still ain't a victory because of what happened to Sammy and Vicki." U.S. Marshal Mike Johnson declared the incident overblown, "We didn't even do a report on it. They [Cooper and Bangerter] were checked out. Two guns were found in the trunk of their car. They were not confiscated. My understanding was that they were sleeping in the car." Johnson also placed the incident at 11:30 pm Thursday rather than 2am Friday [the police logs would indicate who was accurate, but this information is not provided in the _Statesman_]. Johnson denied that this incident led to increased security around the jury. Defense attorney Gerry Spence complained that the security measures, which include blacked out windows, vans to transport the jury, and armed guards who accompany the jurors at all times, might be leading to a feeling of paranoia detrimental to the defense. Said Spence, "The security is getting so tight and the paranoia so overwhelming it's hard to breathe. The problem gets worse when you realize the Marshal's Service is on trial here." Spence then asked U.S. District Judge Edward Lodge to place an impartial monitor with the sequestered jury to allay concerns about safety. Judge Lodge dismissed Spence's motion, telling Spence, "I don't think in 30 years as a judge I have ever had as much help with how to run a trial, how to run a jury, and how to sequester a jury. The objection was not made at the appropriate time." Assistant U.S. Attorney Kim Lindquist defended the security measures, saying, "The integrity of that jury has to be maintained and the U.S. Marshal's service is the organization trained to do that. The involvement of the Marshal's Service is necessary." In a related story, Kevin Harris's mother and stepfather as well as Vicki Weaver's mother and father awaited the jury's decision. Harris's mother, Barbara Pierce, said, "We're very optimistic. We're just tired of waiting for it to come to and end." Jeanne Jordison, Vicki Weaver's mother, said, "There's nothing like losing a child and a grandchild." "And so violently," added Barbara Pierce. The support for the Weaver and Harris families has been coming from all over the world, according to Barbara Pierce, "[the supporters] believe there has been an injustice done." If Weaver and Harris are found innocent, it will be up to the defense attorneys whether to sue the government. Said David Jordison, Vicki Weaver's father, "The government makes mistakes and sometimes innocent people get killed. I think anybody who kills innocent people should be responsible for their actions." Barbara Pierce said the whole affair should serve as a, "...wake up call. Just because you're a good, decent, law-abiding citizen doesn't mean that this can't happen to you." The family of federal agent William Degan have declined comment until the outcome of the trial. In a second related story, the Boundary County Sheriff's office is awaiting its own investigation into the Weaver affair. The office is looking into possible charges against the federal agents who, according to defense attorney Gerry Spence, murdered Samuel Weaver and Vicki Weaver. Boundary County Sheriff Bruce Whittaker attended the closing arguments of the Weaver/Harris trial in Boise. He was unimpressed with Spence's charge of murder, "My personal feeling was that their case was pretty weak." Whittaker quickly added that he was only a fact-finder, not a final decision-maker with respect to prosecution. That job is left to Randall Day, the Boundary County Prosecutor. Day said, "We are investigating the death of Sam Weaver; we are investigating the death of Mrs. Weaver; we are investigating the death of Marshal William Degan; and we have been since they occurred. Our investigation will be based on facts, not what Mr. Spence says about characterizing Vicki and Sam's deaths as 'murder,' or the prosecution saying it was justifiable. We will draw our own conclusions. Simply the fact that Mr. Weaver or Mr. Harris are acquitted doesn't turn anyone into a murderer. Neither does a conviction of Mr. Harris or Mr. Weaver in and of itself justify the deaths of Mrs. Weaver and Sam." --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 44. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 44. Saturday, June 19, 1993 was the forty-fourth day of the trial. Synopsis: The jury continues deliberations and will break after today until Monday. There is precious little to report today. The jury entered into its fifth day of testimony [fourth full day] today and concluded without reaching a verdict. The jury sets its own schedule and will not meet on Sunday. The sequestered jury will resume Monday, June 21, 1993 for the sixth day of deliberation.