--------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 30. --------------------------------------------------------------------------- Tuesday, June 1, 1993 was the thirtieth day of the trial. Synopsis: Prosecution witness and Weaver family neighbor, Ruth Rau, again testified today. Rau, under cross-examination by defense attorneys, admitted that she and her husband had conflicts with the Weavers in the past. Also testifying today was Deputy U.S. Marshal Dave Hunt, who recalled the moments immediately after the gun battle erupted. KTVB reported that Rau's testimony may actually wind up helping the defense. "I don't respect him. I felt he [Randy Weaver] was a threat to society, as well as our family," testified Ruth Rau, a Weaver family neighbor. Rau repeated her assertion that Randy Weaver was a man intent on having a confrontation with the federal government. When the defense suggested that what Randy Weaver really meant was the second coming of Christ, not a shootout with federal agents, she responded, "No, he was talking about a shootout, specifically." Rau reportedly said that she could think of nothing good to say about Randy Weaver. Cross-examination was rigorous. Under defense attorney's questioning, Rau did say that she thought Vicki Weaver was a good mother, and that Vicki Weaver took good care of her children. Defense attorney Gerry Spence played up the fact that the Raus and the Weavers had had disagreements in the past [KTVB reported that these disagreements included water use, and showed a picture of Ruth Rau coiling an irrigation hose]. Rau said that her husband had shot a "neighbor's nanny goat..." because the goat was a "continual nuisance." [It was unspecified who the "neighbor" was, although presumably it was the Weavers]. Spence then asked, "Neighborly disputes seem to be as common as dandelions in the pasture, isn't that true?" Rau said no. Rau was then asked about apparent contradictions in her earlier statements to the FBI regarding the appearance of Deputy U.S. Marshal Dave Hunt, who ran to the Rau residence immediately after the gun battle in which federal agent William Degan and Samuel Weaver were killed. At issue was who fired the first shot. It is implied in the _Statesman_ that Rau had earlier told the FBI that a federal agent fired the first shot. [Presumably Dave Hunt had told her?]. KTVB reported that Rau's testimony probably wound up helping the defense, because it suggests that either she couldn't get her story straight from before, or that there may be systematic inconsistencies from initial FBI notes and later FBI versions. Also testifying today was Deputy U.S. Marshal Dave Hunt, who recalled the minutes immediately following the gun battle. Hunt said that he was near the fight, and that after shots were fired he ran to the Rau's house because he thought agents were pinned down by gunfire. Hunt said, "It was a pretty stressful situation. I had run three-fourths of a mile, been shot at, seen a dead friend, and I was still taking fire." The trial is scheduled to resume Wednesday, June 2, 1993. Addendum: A photograph, carried several days ago in the _Statesman_, showed a picture of the deceased Weaver family dog Striker. The picture contained visible tire tracks on the animal. I've since had a conversation with a friend who said that he heard, on a local radio station in Lewiston, Idaho, that federal agents did not seal the crime scene until ten days after the standoff ended. During this period, agents apparently ran over the dog: Whether this was intentional is not known. I can say with certainty that the dog was run over. However, the rest of this information should be treated as hearsay because I have been unable to verify it. For example, I called the _Statesman's_ City Editor, Bill Walker, who knew nothing about a failure to seal the crime scene (he did, however, acknowledge that the dog had been run over). I will try to contact the _Statesman's_ reporter for the Weaver trial, Colleen LaMay, to see if she can shed any light on this. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 31. --------------------------------------------------------------------------- Wednesday, June 2, 1993 was the thirty-first day of the trial. Synopsis: The courtroom was brought to tears today as photographs of Samuel Weaver, killed in the initial gun battle, were entered as evidence. The actual notes relaxing the rules of lethal force were also released. Testifying today was Dick Rogers, commander of the FBI's Hostage Rescue Team. Jurors today were reduced to tears, one sobbing loudly enough for even spectators to hear, as photographs of Samuel Weaver were entered into evidence. Samuel had been cleaned up by the family after the shooting, but a gunshot would in the back was clearly visible. One photo depicts the body of Samuel Weaver lying in a shed near the Weaver cabin, precisely where the FBI found his remains after the 11-day standoff with federal agents ended. Randy Weaver and Kevin Harris refused to look at the photos of Samuel as they were displayed on courtroom monitors. Testifying for over five hours today was the Chief of the FBI Hostage Rescue Team, Dick Rogers. "When we found Samuel's body, it was not only a surprise, it was complete shock," Rogers said. He went on to say that the FBI had no idea that the boy had been hurt in the shootout. Rogers spent the day discussing details of lethal force rules and communication strategy. The lethal force rules were handwritten on a pad of paper, although it was unclear who actually penned the notes shown on KTVB [perhaps G. Wayne "Duke" Smith, Associate Director of Operations, U.S. Marshal's Service, or Dick Rogers?]. The text of the notes reads as follows: "If any adult in the compound is observed with a weapon after the surrender announcement is made deadly force can and should be employed to neutralize the individual. "If any adult male is observed with a weapon prior to the announcement deadly force can and should be employed if the shot can be taken without endangering the children. "If compromised by any dog the dog can be taken out." "Any subjects other than R(andy Weaver), V(icki Weaver) & K(evin Harris) presenting threat of death or grievous bodily harm FBI rules of Deadly Force apply." Rogers went on say that "sniper-observers" [as he called them] always use their best judgment, and in the last 3.5 years snipers have only fired once in 10 separate confrontations. Snipers had only been positioned for a few hours when one sniper fired two shots at Randy Weaver and Kevin Harris. The sniper was uncertain he'd hit anything. Rogers said that the sniper had reported that, "He [the sniper] saw one of the individuals flinch. He may or may not have wounded one." In actuality, Randy Weaver was wounded slightly, Kevin Harris was wounded seriously, and Vicki Weaver was killed. Defense attorney Gerry Spence cross-examined Rogers, "You later found out he did pretty good. He got three people with two shots, isn't that right?" asked Spence. Rogers answered, "Anytime you take a life, it's not 'doing pretty good.'" The FBI later learned that Vicki Weaver was killed when Populist presidential candidate Bo Gritz intervened in negotiations. Rogers also testified on the use of bullhorns and telephones to try and communicate with Weaver and Harris. The federal agents directed at least some of their communication to Vicki Weaver, ignorant of the fact that she was already dead. Defense attorneys argued that the bullhorn talk directed at Vicki Weaver angered Randy Weaver because he thought that the agents were "making a mockery" of her death. The trial is scheduled to resume Thursday, June 3, 1993 with the continued cross-examination of FBI agent Dick Rogers. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 32. --------------------------------------------------------------------------- Thursday, June 3, 1993 was the thirty-second day of the trial. Synopsis: FBI agent Dick Rogers was angered by defense attorney references to the Waco debacle. FBI sniper Lon Horiuchi testified today that he did not mean to kill Vicki Weaver. Horiuchi said he was aiming at Kevin Harris when he fired two rounds the day after the gun battle that left federal agent William Degan and Randy Weaver's son, Samuel, dead. The day began with the cross-examination of FBI Special Agent Dick Rogers. Defense attorney Gerry Spence reestablished that FBI lethal force rules were significantly relaxed during the standoff between the Weavers and federal agents. Spence then sought to connect the lethal force rules in the Weaver affair with the lethal force rules used in the Waco debacle. Spence asked Rogers specifically about the lethal force rules the FBI used in "shooting Branch Davidians," which angered Rogers. "Judge, I resent the implication that man is making about Waco," Rogers loudly said while pointing at finger at Spence. Rogers continued, "Is he [Spence] aware that no shot was fired [by Roger's FBI sniper teams] at Waco?" U.S. District Judge Edward Lodge told Spence to drop the line of questioning and to never bring it up again. The line of questioning may, despite the judge's decision to exclude it, have merit because Rogers was involved in both the Waco incident and the Weaver incident. Rogers ordered FBI snipers into position on August 22, 1992, one day into the standoff. That very day FBI sniper Lon Horiuchi shot and killed Vicki Weaver while she was cradling an infant in her arms. Horiuchi, a four year veteran of the crack FBI sniper team, was next to testify. Horiuchi, a former member of the U.S. military, addressed both prosecution and defense attorneys as "sir." In simplest terms, Horiuchi said that he did not mean to kill Vicki Weaver and that her death was an accident. Horiuchi had taken up a position about 200 feet from the cabin [this is the Statesman's number - the video on KTVB showed the distance to be much greater than this, perhaps more like 200 yards]. Horiuchi went on to say that he believed that Kevin Harris was threatening a helicopter carrying federal agents when he decided to fire. Just as he fired, Horiuchi said that, "it looked like he [Kevin Harris] was trying to jump through the doorway...I saw him react like he got punched in the side. He fell into the door." Immediately after the shot, Horiuchi heard a woman screaming, a scream that did not subside for about 20 seconds, after which it abruptly stopped. Only later did he find that he had killed Vicki Weaver. Horiuchi testified that via his rifle scope he could see the open door of the cabin, but he could not see through the window on the door because of the curtain. KTVB carried some footage of a few photographs taken at the scene. It is true that the cabin door had a curtain. However, the curtains were pulled back and covered, at the time the photo was taken, perhaps only half of the window area. Furthermore, the curtains were sheer, and it seems difficult to believe that a sniper could not have seen someone behind the doorway. Finally, and perhaps most remarkably, the bullet passed through an area of the window that was not covered by curtains at all. The trial is scheduled to resume Friday, June 4, 1993 with the continued testimony of Lon Horiuchi. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 33. --------------------------------------------------------------------------- Friday, June 4, 1993 was the thirty-third day of the trial. Synopsis: FBI sniper Lon Horiuchi continued testimony today, focusing on his shooting at Randy Weaver and Kevin Harris. Incredibly, immediately after Horiuchi finished testimony evidence that may have proven useful in cross-examination was finally delivered to the defense. U.S. District Judge Edward Lodge declared he was probably going to sanction the government for yet another delay in providing the defense evidence. FBI sniper Lon Horiuchi continued his testimony today, discussing at length his shooting of the Weavers and Kevin Harris. Randy Weaver sat with his eyes closed as Horiuchi described his aiming at the base of Randy's neck. Horiuchi reiterated that he believed Randy Weaver was going to fire on a government helicopter containing federal agents. Horiuchi thought he'd missed Randy Weaver entirely, but in reality he'd hit Randy in the flesh where his back meets his arm. Defense attorney Gerry Spence cross-examined Horiuchi, "Did you hear Mr. Weaver yell, 'Mama, I've been hit' as he began to run toward the house?" Horiuchi said, "No, sir, I did not." Both the prosecution and defense used the cabin door, actually present in the courtroom, to argue that the sniper could (or could not) have seen Vicki Weaver standing in the doorway. Also entered into evidence today were photographs and autopsies of the three people killed in the Weaver incident. Federal agent William Degan died of a gunshot would to the chest, and Kevin Harris is charged with Degan's murder. Degan's camouflage t- shirt, stained with dried blood, was also entered as evidence. The prosecution then entered photographs and autopsy reports for Vicki Weaver and Samuel Weaver. Neither Randy Weaver nor Kevin Harris would watch at this point: They covered their eyes and were crying. Samuel Weaver died of a gunshot would to the back. The bullet traveled directly through his heart and out his chest. Vicki Weaver was killed when the bullet, fired by Horiuchi, went in her right cheek, severed her carotid artery, and shattered her left jaw. The bullet was then deflected into Kevin Harris, where it hit him in the arm and chest, seriously wounding him. Documents concerning Horiuchi's testimony were discovered immediately after Horiuchi had left the stand. The documents had been requested by the defense over a month ago but were sent, via fourth-class mail, only two weeks ago. U.S. District Judge Edward Lodge excused the jury from the room and then tempers flared. Defense attorney Gerry Spence complained that it was the fault of the U.S. attorney's office. "The FBI sits at their table every day. The FBI provides the exhibits," said Spence. Judge Lodge didn't agree with Spence. Assistant U.S. Attorney Ronald Howen apologized immediately for the delay, "I have asked for an inquiry in my office about what happened. I can give the court no explanation for why these materials were not sent in a more timely fashion." [It was not specified from where the evidence was sent]. Judge Lodge was unimpressed. Referring to the postage choice, he said, "It seems to me totally inexcusable and extremely poor judgment." Acknowledging prior problems with government evidence, Lodge continued, "The court is very upset about these things happening. It does appear it is somewhat a pattern." Lodge then announced that, over the weekend, he will be considering sanctions against the government. He said an outright dismissal was unlikely, but other sanctions, including forcing the federal government to pay defense attorney fees, was possible. The trial is scheduled to resume Monday, June 7, 1993. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 34. --------------------------------------------------------------------------- Monday, June 7, 1993 was the thirty-fourth day of the trial. Synopsis: U.S. District Judge Edward Lodge did not announce sanctions against the government today, declaring that today he would probably decide what sanctions were appropriate. Judge Lodge is contemplating sanctions because of the prosecution's repeated mishandling of evidence in the trial. The trial was cut short today because of a family emergency. Last Friday saw U.S. District Judge Edward Lodge promise sanctions against the government for systematically failing to provide the defense with evidence throughout the trial. However, Judge Lodge did not announce sanctions today but rather said he would decide today. Judge Lodge will probably announce sanctions tomorrow, although this was not stated specifically. The trial was cut short today as a prosecution witness tended to a family emergency. Because of the short session, no witnesses testified. To save time during the trial, the prosecution and defense spent an hour and a half Monday morning combing over evidence to present to the jury. Some of that evidence was presented to the jury today. Included were the following: (a) armor piercing bullets were found in two guns seized [at least they're using the right word here] at the Weaver cabin, (b) federal agent William Degan was not killed by an armor-piercing bullet, and (c) ballistic tests conclusively linked the bullet that killed Degan to the rifle Harris used in the shootout. After the evidence was presented, the trial recessed. Courtroom observers believe that the prosecution is about to rest its case, and may do so as early as tomorrow. KTVB carried a segment in which defense attorney Gerry Spence was asked how long would the defense take in presenting its side. He responded, "It depends on how the prosecution's case ends up." Suggesting that the government's case may not be doing so well, a KTVB reporter noted that U.S. Attorney Ronald Howen has not been smiling much lately. The trial is scheduled to resume Tuesday, June 8, 1993. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 35. --------------------------------------------------------------------------- Tuesday, June 8, 1993 was the thirty-fifth day of the trial. Synopsis: U.S. District Judge Edward Lodge today sanctioned the government with a fine of $3,240 for repeatedly providing the defense with evidence in an untimely fashion. Judge Lodge also agreed with defense requests that FBI sniper Lon Horiuchi be placed back on the stand. The prosecution called expert witness Dr. Martin Fackler to the stand today. U.S. District Judge Edward Lodge today sanctioned the U.S. Attorneys to pay a day's worth of defense attorney fees for the government's repeated failure to present the defense evidence in a timely manner. The fine amount was $60 an hour, times six attorneys working nine hours each, for a total of $3,240. Judge Lodge cited the latest delay as "inexcusable." Evidence requested by the defense months ago [the _Statesman_ says "months ago," although earlier they said a "month"] arrived only last Friday because it spent two weeks crossing the country via 4th- class mail. The evidence requested was a dossier about 1.5 inches thick, including notes and a diagram of the cabin door made by the FBI sniper [Lon Horiuchi] who killed Vicki Weaver and wounded both Randy Weaver and Kevin Harris. The defense argued that the diagram raises new questions about whether Lon Horiuchi could have seen Vicki Weaver when he fired the shot that killed her. Defense attorney Charles Peterson argued before Judge Lodge, "I believe the jury needs to see his demeanor, hear his tone of voice on the witness stand [when shown the diagram]." Judge Lodge sided with the defense, rejecting the notion of further Horiuchi testimony over the telephone. Testifying for over five hours today, on behalf of the prosecution, was Dr. Martin Fackler, president of the International Wound Ballistics Association. Fackler was brought in as an expert witness to try and explain how federal agent William Degan could have fired seven rounds after taking a rifle slug in the chest [KTVB reported that this was a slug from a .30- 06]. Fackler stated that Degan was probably capable of shooting his attackers, "There is no reason that I could see that he [Degan] would be immediately incapacitated. Even if his blood supply had been cut off, he would have been able to empty a full magazine." Fackler went on to say that Degan could have been capable of "purposeful action" for up to three minutes. The bullet wound from Kevin Harris's gun would have temporarily opened up a wound channel the size of a volleyball, breaking four ribs, and rendered Degan's left arm useless, according to Fackler. But Fackler, a former U.S. Marine, theatrically got up, picked up Degan's weapon, and demonstrated to the jury how Degan might have continued fighting by using only his right arm. The defense began cross-examining Fackler by arguing that the empty cartridges found near Degan's body could be more easily accounted for if Degan fired the rounds before he was himself hit. Fackler responded by saying he didn't think that was accurate, because Degan probably would have hit Samuel Weaver in the back, who was only 30 feet away at the time. Fackler went on to speculate that Samuel Weaver was probably killed by federal agent Larry Cooper, as the wound in Samuel Weaver's back more closely corresponds to the type bullet fired by Cooper. Throughout Fackler's testimony and cross-examination the defense repeatedly raised the concern that wound ballistics is an inexact science at best, and Fackler may not have enough medical certainty to make his testimony worth the jury's time. The trial is scheduled to resume Wednesday, June 9, 1993, with the continued cross-examination of Dr. Martin Fackler. Addendum: The _Statesman_ today reported Tuesday as the 34th day of the trial. This must be a misprint, as they printed last Friday as Day 33. I phoned the City Desk and mentioned the error and they said they'd look into it. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 36. --------------------------------------------------------------------------- Wednesday, June 9, 1993 was the thirty-sixth day of the trial. Synopsis: Recalled to the witness stand was FBI sniper Lon Horiuchi. Horiuchi was confronted with his own sketch diagram of the cabin door, a diagram that contained two individuals behind the door's window. Horiuchi maintained that he did not intend to kill Vicki Weaver when he fired the shot that took her life. FBI sniper Lon Horiuchi, as part of the settlement for the government's repeated failure to provide the defense evidence in a timely fashion, was recalled to the stand today. This unusual step was taken because some evidence requested by the defense weeks ago was finally provided only minutes after Horiuchi initially left the stand. Part of the evidence requested included a sketch diagram of the cabin door. Included in the sketch diagram were two people behind the door's window. Horiuchi stated that the people in the window were Randy Weaver and his 16-year-old daughter Sara. The other individual in the sketch was the intended target, Kevin Harris, approaching the cabin door. [KTVB showed the sketch. Even allowing some artistic license, these were stick people in the drawing! There's no way of telling who Horiuchi was really sketching]. Horiuchi last week testified that when he fired the two rounds, the curtains were pulled and he could not see anyone behind them. [Then who pulled the curtains back later?]. Horiuchi basically stuck to his story. He testified that there is no contradiction, because he was only sketching where he "pictured" Randy and Sara Weaver, not where he "saw" them. [Which suggests that he was shooting at Harris when he suspected Randy and Sara Weaver might be in the line of fire, but uncertain of whether Randy and/or Sara met the criteria for lethal force? KTVB reported that Horiuchi said he'd only placed those people in the drawing based on information from superiors]. U.S. Attorney Kim Lindquist asked, "Could you see anyone or anything through that door?" Horiuchi replied, "No, sir, I could not." The trial is scheduled to resume Thursday, June 10, 1993. --------------------------------------------------------------------------- Randy Weaver/Kevin Harris trial update: Day 37. --------------------------------------------------------------------------- Thursday, June 10, 1993 was the thirty-seventh day of the trial. Synopsis: The government called weapons expert Lucien Haag as the prosecution's last witness. After Haag's testimony, the government rested. In a remarkable move, defense attorneys also rested without calling a single witness. Weapons expert Lucien Haag was called to testify on behalf of the prosecution. Haag's testimony was designed to bolster the government's version of what happenned during the fateful shootout last August in which federal agent William Degan and Samuel Weaver were killed. Haag used evidence such as the positions of bullets and casings to reconstruct what ocurred during the shootout. The defense argumentatively cross-examined Haag, pointing out contradictions in the marshal's stories and Haag's own testimony regarding evidence at the scene. In the end, Haag was forced to admit he could not say with certainty who fired the first shot. [KTVB went so far as to say that some prosecution testimony regarding angular relationships among the bullet and casing evidence was also compatible with defense versions of what happenned]. Eight weeks and literally dozens of witnesses since the trial's start, the prosecution then rested. The defense followed suit within a few minutes and without calling a single witness. Said Harris's defense attorney David Nevin, "When they don't prove their case, you don't have to do anything. I've felt for a long time the case was a failure." Gerry Spence, Weaver's defense attorney, has never lost a criminal trial in three decades of practicing criminal law. Spence's comment on the decision to not call witnesses for the defense, "The burden is on the state to prove its case beyond a reasonsable doubt. It failed to do so." Spence continued, saying that presenting a defense under such circumstances, "would be an unreasonable use of the jury's time." Spence was also interviewed on KTVB, live at the federal courthouse, yesterday evening. He said, "What happens [in a criminal trial] is governed by the Constitution. The prosecution must prove it's case beyond a reasonable doubt...[perfectly timed pause]...That's the government's obligation." Spence has declined to call witnesses before, and did so in his successful defense of Imelda Marcos. Scheduled to testify today was Vicki Weaver's best friend, Jackie Brown. She was relieved when the defense decided not to call witnesses. She said, "Everything I would have testified would have been very painful to the family." The trial is thus over. Scheduled for Friday, June 11, 1993 are closing motions. Defense attorneys, recognizing that the government's case has been laden with evidence problems, plan to ask U.S. District Judge Edward Lodge to outright dismiss some of the ten charges against Randy Weaver and Kevin Harris. Final arguments are expected on Monday, June 14, 1993 and the case will probably go to the jury late Monday or early Tuesday, June 15, 1993.