--------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 20. --------------------------------------------------------------------------- Note: These trial updates are summarized from reports in the _Idaho Statesman_ and the local NBC affiliate television station, KTVB Channel 7. Monday, May 17, 1993 was the twentieth day of the trial. Synopsis: A news reporter who interviewed the Weaver family in 1992 testified that he believed Vicki Weaver was really the "strength" of the family. The reporter also stated that Randy Weaver considered surrendering, but his family would not allow it. In a related story, testimony revealed an allegation and subsequent investigation that Randy Weaver had threatened the President of the United States in 1985. Michael Weland, then-reporter for the _Bonners Ferry Herald_, interviewed Randy Weaver in May, 1992. Weland, now a reporter for the _Kootenai Valley Times_, said that Randy Weaver believed he and his family were being persecuted for their religious beliefs. Said Weland, "He [Randy Weaver] felt he was being persecuted by a government that he felt was sinful and controlled by Freemasons and Jews." According to Weland, Weaver also revealed that he had considered surrendering to federal agents, but that his family objected. Weland recalled Vicki Weaver saying, "We won't let him go down." After coming away from the cabin, Weland discussed his impressions to an FBI agent developing a psychological profile of the Weaver family. Weland told the agent that he believed Vicki Weaver was the strongest member of the family. Presumably, this means that she held the deciding factor in family decisions, but this was not made explicit in the reports. Vicki Weaver was killed by an FBI sniper the very next day - although the sniper later told a grand jury that he had been aiming at an armed man running into the house and didn't see her standing behind an open door when he fired. Defense attorney Gerry Spence then asked Weland, "Did you anticipate that they [the federal government] would separate them by killing Vicki?" Weland responded that he didn't, but U.S. Attorney Ronald Howen objected immediately and the objection was sustained. U.S. District Judge Edward Lodge ordered the jury to ignore the question and the answer. Spence's obvious implication was that killing Vicki Weaver might have been a government strategy to eliminate the leader of the Weaver family. Weland, a Reserve Officer for the Idaho State Police, also told the Marshal's Service about the Weavers and their beliefs of persecution. When Weland suggested that they try and negotiate with Weaver, Weland recalled being told by one agent, "We'll do this in our own time, in our own place and in our own way. We're the government, and we'll decide." [Incredible quote]. Testimony by two other men, Ellis Ballard and Frank Helton, discussed what happened when they passed by the Weaver cabin looking at land for sale. They both encountered armed Weaver family members: Ballard was accused of being a federal agent but Helton talked with the Weavers and testified that he did not feel threatened. In a related story, both the FBI and the Secret Service investigated Randy Weaver over allegations about threatening President Ronald Reagan in 1985. Terry Kinnison and another man, both acquaintances of Weaver's, told the Boundary County Sheriff's Department that Randy Weaver had threatened the President. The Boundary County Sheriff's Department then informed FBI Special Agent Ken Weiss at the Coeur D'Alene office about the possible threat and mentioned that Weaver may be associated with the Aryan Nations. Weiss and the Secret Service then interviewed Randy Weaver and his wife concerning the allegations of threatening the President. The Weavers told them that the allegations were untrue, and that they were a result of a dispute that the Weavers were having with Kinnison. Both the FBI and the Secret Service closed their investigations within a very short time, due to a lack of evidence. On February 28, 1985, the Weavers filed an affidavit with the Boundary Country Clerk accusing the two men of plotting against them and spreading false accusations in order to incite an attack by federal agents against their home. The affidavit was signed by both Randy and Vicki Weaver and declared, "I make legal and official notice that I believe I may have to defend myself and my family from a physical attack on my life." The trial is scheduled to resume Tuesday, May 18, 1993 with testimony by Terry Kinnison regarding the alleged threat to the President. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 21. --------------------------------------------------------------------------- Tuesday, May 18, 1993 was the twenty-first day of the trial. Synopsis: A former friend of the Weaver family corroborated earlier testimony that Vicki Weaver was the strongest member of the family. The defense attacked the credibility of the plan to capture Randy Weaver. The plan involved buying land adjacent to the Weaver property and then befriending Randy Weaver. Testimony by Terry Kinnison essentially corroborated earlier testimony that Vicki Weaver was the strongest member of the family, stating that Vicki Weaver was, "in charge of the situation," and that she was the dominant force in the family when he knew them. Kinnison also stated that the Weavers would sacrifice the entire family before giving in to the authorities. As he put it, "Mr. Weaver and Vicki Weaver had already told me in previous conversations that they were willing to sacrifice their whole family before they would allow them to fall to this government system." Defense attorneys immediately went to work on destroying Kinnison's credibility. The attack centered on the fact that Kinnison owned a part interest in the Weaver property in 1984- 1985, but had a falling out over the deal. Kinnison gave Weaver $3000 for a half interest in Weaver's 20 acres in 1984, and then promptly moved onto the property. Kinnison testified that he and Randy Weaver had several arguments, including arguments about Weaver firing weapons over his house at night. Defense attorney Gerry Spence asked Kinnison if he [Kinnison] had really only asked Randy Weaver to sign a receipt for the $3000 to help him account for money won in a disability settlement. Kinnison denied that, and continued by saying that he had gone so far as to file a lien against the Weaver property. Kinnison lost the court case when he failed to appear at the hearing. Also testifying today was U.S. Deputy Marshal Mark Jurgensen. Jurgensen repeated the government's plan to capture Randy Weaver: Specifically, the government was going to buy land adjacent to Weaver, send in an undercover agent to befriend Randy Weaver, then lure him away from his cabin so that agents could arrest him. Jurgensen added that the plan called for him to bring his German Shepard, named Tyrone, to possibly distract the Weaver dog. Gerry Spence ridiculed this plan by asking Jurgensen, "When Mr. Weaver came over and said, 'You're a federal marshal,' and you said, 'No,' and he said, 'Only a federal marshal would try and tell me that he's trying to build a house on land that doesn't have any water,' what would you say?" Jurgensen replied that he believed that they could have pulled the plan off. The trial is scheduled to resume Wednesday, May 19 with further prosecution testimony. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 22. --------------------------------------------------------------------------- Wednesday, May 19, 1993 was the twenty-second day of the trial. Synopsis: The prosecution today entered into evidence 14 guns seized at the Weaver cabin in the wake of last year's 11-day standoff. The defense raised questions about a "magic bullet" that no witness has placed at the scene of the shootout. Attorneys agreed on five days' of surveillance tapes, shot in April, 1992 to be entered as evidence on Day 23. The courtroom was treated to some drama today as the prosecution and defense played musical chairs with the Weaver firearms seized in the aftermath of the August 21, 1992 shootout. Prosecutors entered into evidence 14 guns and 23 boxes of ammunition. FBI Special Agent Greg Rampton testified that he seized the 14 weapons, and the prosecution carefully laid them out on the floor before the jury. Under cross-examination by defense attorney Gerry Spence, Rampton revealed that only five of the firearms had been ballistically linked to the incident. Spence then moved the ballistically-linked firearms to a separate part of the floor. Spence also extracted an admission that every one of the firearms had legitimate uses, such as hunting. Rampton blurted out, "Yes, but you could also shoot a human. A .22 could kill a human being as well as a rat or a rabbit." [What a quote!] Spence continued by asking Rampton about the FBI's tracing of one of the weapons to the shootout. The firearm in question was a Ruger Mini-14, linked by an essentially undamaged slug. The slug was so undamaged that Spence dubbed it the "magic bullet." Rampton also testified that Spence had, in a pretrial hearing, brought up the possibility that the "magic bullet" was an FBI plant. Rampton disagreed, arguing that the bullet was found by an FBI agent before the standoff had ended, thus proving it couldn't be a plant. [Unless, of course, somebody backdated the evidence envelope! A true cynic would also note that the only military-styled weapon just happens to be the one linked by a "magic bullet."] Under re-direct examination, U.S. Attorney Kim Lindquist played on this "all of Weaver's guns could kill" notion, asking Rampton to reiterate the point. As Rampton did so, Lindquist then moved the remainder of Weaver's firearms into Spence's pile. Rampton also entered into evidence 55 photos of ammunition. The photos also contained scenes of many household items, such as disposable diapers, toothbrushes, and a bumper sticker from Randy Weaver's unsuccessful 1986 campaign for Boundary County Sheriff. The _Idaho Statesman_ lists the following weapons as seized from the Weaver cabin: Eddyston Model 1917 .30-06 rifle; Savage Model 19 .250- caliber rifle with scope; Ruger Mini-14 .223-caliber rifle; Remington Model 721 .30-06 rifle; Rossi .22-caliber rifle; Fox Model B 12-gauge shotgun; Ruger .357 Magnum revolver; a second Ruger Mini-14 .223-caliber rifle; Smith and Wesson Model 422 .22-caliber pistol; Winchester Model 37 12-gauge single shot shotgun; Tanfoglio 9mm pistol; Charter Arms .38 caliber revolver; Llama .380-caliber pistol; Ruger .22- caliber pistol KTVB showed these weapons for a few moments. They looked like they were in fine shape and were well cared for. In a related story, U.S. District Judge Edward Lodge dismissed the jury about an hour earlier today to wrap up details on the presentation of the surveillance videotapes made in April, 1992. The prosecution had originally intended to edit some 160 hours of video down to about 2 hours, composed mainly of footage of the Weavers running, armed, to the outcropping. The defense objected, arguing that this was highly unrepresentative of the Weaver family. The judge agreed with the defense, and the two sides began to hammer out a deal. The details of that deal are as follows: 100 hours of video were discarded for lack of activity. From the remaining footage, each side was allowed to pick three days (yes, days!) of video for the jury to watch. In one case, both the prosecution and the defense chose the same day. Thus, jurors will see five solid days of surveillance video concerning life around the Weaver cabin. The trial is scheduled to resume Thursday, May 20, 1993 with testimony by prosecution witness Deputy U.S. Marshal Arthur Roderick. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 23. --------------------------------------------------------------------------- Thursday, May 20, 1993 was the twenty-third day of the trial. Synopsis: Testimony by Inspector Arthur Roderick revealed that the federal agents did not believe that the Weaver family dog would present a problem the day of the fateful gun battle. Jurors also began viewing the surveillance tapes of the Weaver cabin filmed in April, 1992, which included footage of the Weaver children with rifles. Inspector Arthur Roderick, another gun battle eyewitness besides U.S. Deputy Marshal Larry Cooper, began a chronology of the events leading up to the gun battle in which federal agent William Degan and Samuel Weaver were killed. Roderick recalled that the night before the battle he and Degan discussed the operation, and specifically the three dogs seen around the Weaver cabin. They decided that the dogs were not a problem, "It wasn't a lengthy conversation. The dogs never factored into it very much," Roderick said. They based their judgment on viewing the surveillance videos, shot in April and May, 1992, in which the dogs never left the knoll. Because the marshals didn't plan on going onto the knoll, they judged the dogs would not be a problem. Defense attorney David Nevin crossed-examined Arthur Roderick. Nevin was able to show that Roderick must have known that Striker would leave the knoll, as the dog did when it was nipping at the tires of the agent's four-wheel-drive vehicle in March, 1992. Roderick said he did not remember hearing about three other incidents in which the dog came off the knoll as potential land buyers looked at property adjacent to the Weavers'. In all cases the potential land buyers were interrogated by the federal agents after encountering the Weaver family. The defense has alleged throughout the trial that the federal agents fired first, killing the family dog. Roderick again denied this allegation. Roderick did not have time to recount his version of the actual battle due to a lack of time. The jury was also shown about two hours' worth of video today. The video depicted the Weaver children playing outside the cabin, playing with the dogs, and at some places in the tape, carrying rifles. There were several instances of the family running to the rock outcropping in response to a passing vehicle. The _Statesman_ carried a rather obnoxiously titled article, "Tapes show Weaver kids packing guns," but the video on KTVB was considerably less inflammatory. It is true that the video showed even 10-year-old Rachel Weaver carrying what appeared to be a .22 rifle, but these kids did not appear the heartless psychopaths the prosecution would suggest. Mainly, they were walking around with rifles. I should comment that the video quality was remarkable, given that the two cameras were 1/2 and 3/4 mile away. You could positively identify someone with these. The editing may have been deceiving, but even the field of view seemed pretty good. The trial is scheduled to resume Friday, May 21 with the continued testimony of Inspector Arthur Roderick. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 24. --------------------------------------------------------------------------- Friday, May 21, 1993 was the twenty-fourth day of the trial. Synopsis: A virtual bombshell was dropped amid defense charges that a key witness's testimony was withheld by the prosecution until the last minute. Furthermore, conflicting notes regarding agent Larry Cooper's August 22 interview were not turned over to the defense until this morning. U.S. District Judge Edward Lodge angrily suspended the trial until Monday, May 24. The trial was scheduled to resume today with the continued testimony of Arthur Roderick. It didn't get that far. At issue is the testimony of Idaho State Police Captain David Neal of Twin Falls, Idaho, leader of the State Police Critical Response Team that aided the marshals after the gun battle. Defense attorney David Nevin was informed of Neal's testimony only Thursday evening. Nevin then called Neal. Neal said that Roderick had told him [Neal], that on the night of the shooting he [Roderick] had fired the first shot. Obviously, this testimony is damaging to the prosecution, the only question is how much. As the attorneys for both sides filed into the courtroom, the sparks flew. Nevin complained that U.S. Attorney Ronald Howen had only informed him [Nevin] of Neal's testimony Thursday night. Nevin charged that Neal's testimony was, "...pivotal. It may be a watershed in this case." The defense continued, charging that the prosecution willfully withheld information until the last possible minute. U.S. Attorney Kim Lindquist said that Neal, when interviewed by Howen, had not specifically recalled the exact chronological order of the events. He went on to say that Nevin's complaint was a, "cynical attempt to cast doubt on the prosecutors' integrity." Lindquist added, "If Mr. Howen was any less of a man of integrity that he is, counsel would never have heard about Mr. Neal's statement to him." Nevin raised his voice in response, "Don't tell me about cynicism! They knew about this material three weeks ago. This is what makes people cynical, this kind of thing." The defense has maintained throughout the trial that the federal agents got together and changed their stories to match, moving the blame onto Kevin Harris. The testimony of Neal may prove quite damaging to the prosecution, as it appears to corroborate the defense's claim that the federal agents fired first and attempted a coverup afterwards. Defense attorney David Nevin argued for a delay in the trial to fully interview David Neal. Said defense attorney Gerry Spence, "It becomes absolutely crucial that we be able to test Mr. Roderick, who apparently has told different stories to different people at different times." Judge Lodge agreed. As if the Neal testimony wasn't enough, the prosecution turned over notes from agent Larry Cooper's interview with the FBI on August 22, 1992 and later, on August 25, 1992. The notes were turned over to the defense more than four weeks after Cooper testified in court. The notes contain contradictory accounts of the gun battle: In one case, Cooper said that Harris, "fell like a sack of potatoes" and that he didn't see Harris afterwards. However, in another interview, Cooper said that he fired a three- round burst, and looked to see Harris running up the trail towards the Weaver cabin. Spence, in cross-examining Cooper, suggested that the federal agents had colluded to produce an identical story. Spence said that he should have had the notes to more fully prepare a cross-examination of Cooper, and that, "[The government's] coverup is now beginning to fall apart." Spence also said that he would consider filing a motion to dismiss the case because of prosecutorial misconduct. U.S. Attorney Howen said that the interview notes weren't discovered until Thursday evening in the desk of an FBI agent. They were turned over immediately Friday morning. U.S. District Judge Lodge was disturbed by the fact that the notes weren't found until this week, "When they're found in a desk drawer, that seems like a logical place to look." Lodge has been doing his best to keep the case moving, and was understandably irritated when he said, "I think it's totally inexcusable when we have to do what I'm going to have to do today, and that's delay this trial over until Monday." The trial is scheduled to resume Monday, May 24, 1993 with the continued testimony of Inspector Arthur Roderick. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 25. --------------------------------------------------------------------------- Monday, May 24, 1993 was the twenty-fifth day of the trial. Synopsis: The cross-examination of Inspector Arthur Roderick centered on whether government agents fired the first shot. Roderick maintained that he killed the Weaver dog only after hearing a shot ring out, thus conflicting with reports that he had told Idaho State Police Captain David Neal that he had fired the first shot. Last Friday was marked by a startling revelation. Idaho State Police Captain David Neal said that, in the wake of the gun battle that left federal agent William Degan and Samuel Weaver dead, Inspector Arthur Roderick had stated that he fired the first shot. Because this has been the defense's position all along, it is unsurprising that the cross-examination centered on who exactly fired first. Roderick testified that, "I heard a shot to my left and figured we were in a confrontation, and I decided it was time to take the dog out." After the shot, the dog, "...just stopped. He froze to see where the shot came from," Roderick stated. The dog then glanced at Roderick, and then Roderick proceeded to shoot the dog in the back. The dog went down with a yelp, but defense attorney Gerry Spence told Roderick that the dog didn't die immediately, "As a matter of fact, the dog remained alive for two hours," Spence said. Spence also referred to the yellow Labrador retriever as, "that poor dog," several times throughout the cross-examination. The cross-examination, according to the _Statesman_, was "contentious." However, both KTVB and a local public radio station went on to say that Roderick was actually yelling at times during the cross-examination. Roderick yelled as he denied ever telling Idaho State Police Captain David Neal that he [Roderick] had ever said that he had fired the first shot in the gun battle. At one point, Spence was questioning Roderick about whether the deputies' travels around the Weaver property constituted "sneaking." After Roderick angrily denied that the federal agents were "sneaking," Spence reportedly said to Roderick, "Don't get excited." Roderick replied, "I'm not getting excited." I have not heard whether the defense will call Neal to the stand, although it seems like an obvious move. Courtroom analysts are generally agreeing that this case is currently hinging on who the jury will believe regarding the first shot in the battle. The trial is scheduled to resume Tuesday, May 25, 1993 with the continued cross-examination of Arthur Roderick by defense attorney Gerry Spence. ==> From: Washington Post (Friday, May 28, 1993, page A4) <== FBI Staged Photos of Scene Of Shootout With Extremists BOISE, Idaho -- A jury was told yesterday that the FBI staged photographs from the scene of a deadly shootout with extremists at a mountaintop cabin in northern Idaho last August. Two FBI agents testified at the murder-conspiracy trial of white separatist Randy Weaver and Kevin Harris that investigators did not tell defense lawyers that some evidence from the area where a marshal was killed had been taken away, then returned and photographed. Agent Greg Rampton did not disclose that photographs of a bullet and other unspecified evidence were staged, even when he testified earlier this month. Information kept from the defense became a major issue Tuesday when prosecutor Ronald Howen admitted while jurors were outside the courtroom that the photos were fabricated. On Wednesday, he admitted learning eight weeks ago that the photos were staged. Weaver, 45, and Harris, 25, are charged with killing Deputy Marshal William Degan during the gunfight near Weaver's cabin. Marshals were trying to arrest Weaver on a 1991 fugitive warrant. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 26. --------------------------------------------------------------------------- Tuesday, May 25, 1993 was the twenty-sixth day of the trial. Synopsis: The prosecution today admitted that many of the photographs submitted as evidence were fabricated. U.S. Attorney Ronald Howen assumed blame for the photographs. Remarkably, U.S. District Judge Edward Lodge declined a defense request to inform the jury about the recent string of evidence problems. "The buck stops with me, and no one else is responsible," declared U.S. Attorney Ronald Howen. Howen informed the court that some of the photographic evidence admitted in the murder/conspiracy trial of Randy Weaver and Kevin Harris had been fabricated. Howen explained that the reason the photographs were reconstructed was that an FBI agent, unaware that photographs had already been taken by someone else, went ahead and removed the evidence from the scene. The FBI later believed that they didn't have any photos and replaced the evidence to the scene to take photographs. [Oddly, neither the _Statesman_ nor KTVB mentioned who took the earlier photographs or where those photos are now.] Defense attorney Gerry Spence was not impressed, "These are phony and reconstructed photos we've had in our possession the whole time." The photographic evidence includes a picture of the relatively pristine slug from a Ruger Mini-14 that Spence has dubbed, "the magic bullet." Spence has alleged that the bullet was planted by the FBI, a claim they vehemently deny. In the wake of the fabricated evidence discovery, Gerry Spence moved to inform the jury about the recent string of prosecutorial problems with regard to full disclosure and evidence fabrication. U.S. District Judge Edward Lodge denied the motion, saying, "Those are legal issues, not jury issues. The jury's got a tough enough job without being pressured." Further evidence controversy arose regarding the collection of evidence at the crime scene. Because agents moved the evidence before accurate locations were noted, it will be difficult to precisely locate the position of spent bullets and casings, as well as the Weaver dog. The defense argued that the FBI should have used triangulation, a precision surveying technique, to pinpoint each item's location. FBI Special Agent Mark Thundercloud, who prepared the diagrams used in the case, said triangulation was not possible because of the rocky, wooded terrain. Thundercloud went on to say that, "I think the evidence we have plotted is very accurate." Today also saw the completion of testimony by U.S. Marshal Arthur Roderick. The defense has argued throughout the trial that Roderick fired first, killing the Weaver dog striker, which in turn ignited the gun battle that ultimately cost three lives. The highlight of the testimony was marked by Gerry Spence's question, "If you had not shot the dog, all of those people would be alive today, isn't that true?" Roderick didn't get a chance to answer, as the prosecution objected immediately. Judge Lodge declared the question inappropriate. Spence also asked Roderick, "The boy [Samuel Weaver] saw you shoot the dog, didn't he? The boy said, 'You son of a bitch, you shot my dog." Roderick admitted that he'd heard Samuel Weaver say, "You son of a bitch," but did not know whether Samuel Weaver was referring to the killing of Striker. Roderick's day and a half on the stand saw extensive questioning about the dog Striker. Roderick maintained that he shot the dog only after he had heard a shot ring out, and because he was afraid that the dog would reveal their position. The trial is scheduled to resume Wednesday, May 26, 1993 with the prosecution submitting further evidence. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 27. --------------------------------------------------------------------------- Wednesday, May 26, 1993 was the twenty-seventh day of the trial. Synopsis: U.S. Attorney Ronald Howen today apologized for the "staged" photographs that he had knowingly given the defense eight weeks prior. The remainder of the day saw admission of over 60 items of evidence, including weapons used by the federal agents the day of the fateful gunfight. U.S. Attorney Ronald Howen, in a statement made prior to the jury entering the courtroom, formally apologized to the court for submitting "staged" photographs as evidence. Yesterday's revelation of the fabricated evidence led to bitter complaints by defense attorneys, who called the evidence "phony." The prosecution spent a large portion of the day submitting evidence, about 60 separate items including bullets, bullet fragments, a candy bar wrapper, and the baseball cap federal agent William Degan was wearing when he was killed in the gunfight. The prosecution also showed the firearms used by the federal agents in the gun battle. KTVB carried some footage of these weapons. They included an M-16 and a suprressed HK MP5 9mm machine pistol. They also submitted a photo reconstructing the "Y" junction where the gun battle erupted, including William Degan's position relative to the roadway. The photograph carried on KTVB showed that Degan was positioned perhaps 20-25 yards from the roadway, covered in thick wooding and brush. Degan was wearing camouflage, leading one to wonder whether the prosecution's version of the events is likely. The prosecution alleges that Kevin Harris, upon hearing the federal agents, spun and fired his rifle from the hip, killing agent Deagn. The defense spent the remainder of the day cross-examining FBI agent Joseph Venkus. The defense charged that U.S. Deputy Marshal Larry Cooper might have changed his story, because notes taken in two separate FBI interviews held glaring inconsistencies. Venkus denied the defense interpretation, saying that the inconsistencies were due to transciption mistakes by an FBI agent in the first interview which were subsequently corrected. The trial is scheduled to resume Thursday, May 27, 1993 with the prosecution calling witness Ruth Rau. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 28. --------------------------------------------------------------------------- Thursday, May 27, 1993 was the twenty-eighth day of the trial. Synopsis: Ruth Rau, a neighbor of the Weaver family, said today that the Weavers eagerly awaited a confrontation with the government. U.S. District Judge Edward Lodge demanded that the prosecution and defense meet a half-hour before court begins to iron out differences over evidence. In a related story, Idaho State Police captain David Neal denied ever saying that Arthur Roderick had admitted firing the first shot. A Weaver family neighbor, Ruth Rau, testified today that the Weavers, "...wanted to find a remote mountaintop where they were going to eventually have a confrontation with the federal government. It seemed to be Randy's [Weaver] favorite subject." Rau went on to quote Randy Weaver, "It's going to happen and personally I can't wait." Rau continued her testimony by stating that Randy Weaver believed someone from the federal government had followed his family when they moved from Iowa to Idaho in the earlt 1980s. Rau, her husband, and their three children live in a cabin on a 40-acre complex near the Weaver cabin. Rau testified that in 1983, when the Weavers moved in, the proceeded to build a "cheap cabin" for plywood and two-by-fours. The Weavers, according to Rau's testimony, didn't need anything too sturdy because, "it was all going to come down soon." A year after the Weavers built their cabin, Kevin Harris arrived on the scene, at first living in a trailer between the Weaver's and Rau's, but later moving in the the Weavers in their cabin. U.S. District Judge Edward Lodge again lectured the attorneys in the trial, "Obviously, you don't see eye to eye on anything." Lodge, in an effort to keep the trial moving, then ordered the attorneys to meet thirty minutes before each day's session to iron out differences in evidence. Lodge informed the attorneys that several jurors are going without pay, and other jurors were sacrificing vacations for this trial. Lodge backed his lecture up with a warning, "The next step is sanctions. I don't like to impose sanctions on counsel. I have a lot of respect for both of you." Lodge was reacting to the latest spat of arguments surrounding the fabricated evidence presented earlier. Today, the jury was informed that some of the photos submitted as evidence had been fabricated. The prosecution then entered into evidence the original, unstaged photos taken earlier. In a related story, Idaho State Police Captain David Neal categorically denied that he was told by agent Arthur Roderick that Roderick admitted firing the first shot. Neal said, "That is totally incorrect. My word was 'impression.'" Neal got that impression from, "...a few seconds of a person whispering in my ear in the dark." Neal also said that defense attorneys were intentionally misleading the public. Neal has not yet been called to testify in the trial. The trial is scheduled to resume Friday, May 28, 1993 with the prosecution witness G. Wayne Smith. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 29. --------------------------------------------------------------------------- Friday, May 28, 1993 was the twenty-ninth day of the trial. Synopsis: A top official from the U.S. Marshal's Service today revealed that the government had significantly relaxed the rules for lethal force in the aftermath of the gun battle that left agent William Degan and Samuel Weaver dead. Defense attorneys declared the action premature. G. Wayne "Duke" Smith, the Associate Director of Operations [KTVB called this the "Third Highest" position in the Marshal's Service], testified today that, enroute from Virginia to Idaho, they authorized relaxed rules of engagement for Randy Weaver, Vicki Weaver, and Kevin Harris. The rules were as follows: If snipers or other armed law- enforcement officers spotted Randy Weaver, Vicki Weaver, or Kevin Harris armed outside the cabin, they could shoot them on sight. This is a significant reduction from the normal, "imminent danger" standard usually applied, which requires that snipers only shoot when there is an "imminent danger" of death or serious harm. The Weaver children, including a 10-month old infant, were to be engaged only if there was "imminent danger." [Got to watch out for those Assault Diapers!]. KTVB carried footage of a Kevin Harris supporter, who stated that the government needed to relax the rules of engagement in order to liquidate the only remaining witness [Kevin Harris] to the crimes committed by the government [killing Samuel Weaver]. As if echoing this sentiment, defense attorneys argued that the rules for use of lethal force were changed too early and with insufficient information. Smith disagreed, saying that the right decision was made with the information they had available at the time, saying that the Weavers and Harris has "Violent propensities." Smith continued, arguing that, "[the marshals] had been fleeing the area. They had been running away from the cabin. At some point, they took cover. That was when Bill Degan was killed." KTVB had coverage of defense attorney Gerry Spence then asking whether the different rules were so that the government could take revenge. This was denied by Smith. Spence then continued, saying that the government wouldn't even follow it's own rules, asking Smith, "Vicki Weaver was killed without a weapon in her hands, only a baby in her arms, isn't that right?" Smith never answered because the prosecution immediately objected to the question. Judge Lodge sustained the objection. In later testimony, Smith said that when he and three others riding in a government helicopter were fired upon by Weaver, that he was "not intimidated." He said that Weaver and Harris, "resisted, opposed, impeded, interfered with, intimidated and assaulted" federal law enforcement officers. As a side note, KTVB today mentioned that the government spent over a million dollars in "Operation Northern Exposure." They did not specify where this figure came from. The trial is scheduled to resume Tuesday, June 1, 1993.