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Attorneys deliver opening statements in Waco trial

Plaintiffs' attorney Caddell began his opening statements to the court by presenting pictures of Branch Davidian children who died during the Waco siege

June 20, 2000
Web posted at: 5:43 p.m. EDT (2143 GMT)

WACO, Texas (CNN) -- An attorney for the families of Branch Davidians who died after a government siege in 1993 said Tuesday the civil trial is about the quest for "truth and responsibility" concerning the FBI's actions at the sect's compound outside Waco.

Michael Caddell said the wrongful-death lawsuit is about revealing the "truth about what happened at Mount Carmel and the responsibility for what happened."

Mount Carmel is the formal name of the complex the Branch Davidian Christian apocalyptic sect called home.

Government agents conducted a weapons raid into the compound on February 28, 1993. That led to a 51-day standoff, which came to a fiery end on April 19.

The initial raid set off a gunfight in which four agents and six Davidians were killed. In 1994, five Davidians were convicted of voluntary manslaughter in the agents' deaths.

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After the standoff ended, about 80 Branch Davidians were found dead, some from the fires and some from gunshot wounds. Among the dead were David Koresh, the sect's leader, and 17 children.

U.S. Attorney Michael Bradford, the government's lead counsel, said during opening statements that Mount Carmel was an "armed encampment."

He also laid the blame for the April 19 fires on Koresh and his followers, reiterating the previously expressed government view that Koresh ordered his followers to set the fires to avoid surrendering to the government.

He said the followers viewed Koresh as a "messiah ... who could do no wrong."

Plaintiffs' attorneys were expected to argue that Bureau of Alcohol, Tobacco and Firearms agents used excessive force in the February 28 raid, that the government may have caused at least two of the fires that destroyed the compound 51 days later, that it improperly withheld firefighting assistance; and whether using tanks to push into the compound deviated from a plan approved by Attorney General Janet Reno.

Tuesday marked the trial's second day. U.S. District Judge Walter Smith seated the jury of six people and one alternate Monday afternoon.

Video of kids

Caddell punctuated his opening statements with video of the children at the compound.

Beginning with 2-year-old Hollywood Sylvia, Caddell read a list of children ages 2 to 17 who were killed or injured during the 51-day siege.

"The evidence will show she never owned a gun," Caddell said of Hollywood. "Never fired a gun. Never broke the law. Never hurt anyone. Hollywood died on April 19, 1993, when she was 2."

Among the survivors scheduled to testify is Jaunessa Wendel. She was 8 when BATF agents raided the compound where she lived with her family. Another future witness, Natalie Nobrega, was 10 at the time. Both girls were injured and lost parents during the siege.

FBI agents remove a body from the rubble of Mount Carmel after the compound went up in flames at the end of a 51-day standoff between the Branch Davidians and the federal government in 1993

Wrapping up the plaintiffs' statements, former U.S. Attorney General Ramsey Clark said, "What was the government doing? ... (FBI agents) had absolutely no regard of the lives of any of the people in there. All they had to do was wait them out."

The government was to present its opening statement later Tuesday. The government has said it had to use force because the Davidians left them with no choice.

FBI documents

Smith had not yet decided Tuesday whether documents from FBI negotiators who were at the compound would be allowed as evidence.

Among the evidence the government wanted the judge to keep out was a March 7, 1993, memorandum from FBI criminal profiler Peter Smerick to on-scene commander Jeffery Jamar.

Smerick warned Jamar that if the FBI took "a physical action" to end the standoff and children died, FBI agents would be blamed even if they were not responsible.

Jamar ordered the use of tanks to insert tear gas into the compound on April 19 to force out the Branch Davidians. Fire broke out about six hours into the operation, destroying the compound.

Government lawyers said the memo fell under "discretionary function" privilege, which shields the federal government from liability for decisions its employees make as part of their jobs.

CNN National Correspondent Tony Clark and The Associated Press contributed to this report.

Jury seated for Branch Davidian wrongful-death lawsuit
June 19, 2000
Reno questioned by Danforth for six hours; Davidians lawyer attacks Vector report
May 11, 2000
Waco investigator found dead at his office in Maryland
April 30, 2000
Judge: Question of whether FBI shot at Branch Davidians remains open
April 24, 2000
Branch Davidians attorney critical of Reno's deposition
March 28, 2000
Opposing views of new test videotape in Waco debate
March 20, 2000

Federal Bureau of Investigation
United States Attorney's Office, Central District of California
Branch Davidian
Federal Tort Claims Act -- Defined & Explained

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