Opposing views of new test videotape in Waco debate

Government, Davidians disagree on what infrared images mean

March 20, 2000
Web posted at: 7:33 p.m. EST (0033 GMT)

In this story: 'There was government gunfire' Sources: People on ground visible Gun flashes and reflections RELATED STORIES, SITES

From staff and wire reports

HOUSTON (CNN) -- Attorneys for both the Branch Davidians and the federal government claim videotape of a court-ordered infrared camera test backs up their opposing positions in the wrongful death lawsuit the Davidians have filed against the government over the 1993 Waco siege.

The plaintiffs' lawsuit claims gunfire from federal agents cut off the Davidians' only route of escape as fire destroyed their compound several hours into a tear-gassing operation. The group's leader, David Koresh, and some 80 of his followers died during the fire on April 19, 1993.

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Government officials have long denied claims that federal officers fired on the compound during the final day of the standoff. They contend the Davidians died by their own hand, either from gunshots or the fire.

U.S. District Judge Walter Smith said the court's infrared expert -- an independent British firm -- would release its own analysis within 30 days.

Sunday's demonstration of the Forward Looking Infrared camera -- used by the FBI during the siege -- was designed to determine whether the camera could detect people, debris heated by exhaust from tanks, reflected sunlight and the muzzle flashes of gunfire.

'There was government gunfire'

The test, complete with aircraft equipped with infrared cameras, soldiers firing weapons and tanks rolling -- was conducted Sunday at Fort Hood, Texas, about 40 miles southwest of Waco.

Infrared experts from both sides are comparing the test video with the FBI's 1993 video to determine whether muzzle blasts fired during the test have similar thermal signatures.

An infrared videotape taken by the FBI of the Branch Davidian compound on April 19, 1993

A preliminary review of the test video "clearly demonstrates that there was government gunfire on the back of (the Branch Davidian compound known as) Mt. Carmel on April 19, 1993," plaintiffs' lead counsel Michael Caddell said Monday at a news conference in Houston.

Branch Davidian plaintiffs suing the government insist Sunday's field test confirms their experts' analysis -- that rapid-fire bursts of light appearing on the FBI's 1993 aerial infrared surveillance footage represent gunfire from government positions into the Davidians' retreat.

Caddell had hoped to air portions of the test video. But Smith barred release of the film, although he permitted discussion of its contents.

Sources: People on ground visible

Government sources familiar with the test said Monday that people on the ground are always visible on the tape.

That's significant, the sources said, because in the original FLIR tape shot at the Branch Davidian compound near Waco, no people are visible until after the fire erupted and FBI agents emerged from armored vehicles to search for survivors.

Even before Sunday's choreographed demonstration, the government had insisted that its forces fired no shots on the siege's final day. That day, the FBI launched a tear-gassing operation designed to end the 51-day standoff.

Surviving Davidians, like Clive Doyle, said it was too noisy for him to hear if anyone outside the compound was shooting.

"I couldn't point-blank swear that I heard a rifle shot or whatever," said Doyle.

The FBI also has contended that no law enforcement personnel were at the points where flashes were seen on the original tape.

While the government suggests no shots can be fired without shooters, the plaintiffs argue that gunmen weren't detected because the temperature of their fire-retardant clothing and body armor was similar to that of the soil.

But the government contends that initial analysis of the test video shows FBI sharpshooters did not open fire on sect members.

U.S. Attorney Mike Bradford, one of the federal government's lead lawyers in ongoing Branch Davidian litigation, spoke to reporters at an early morning news conference in Killeen, near Fort Hood.

"There are some particular matters that we think are important in confirming our position," said Bradford, "and we believe we will clearly demonstrate that, through the comparison (of) these materials to the tapes" of the raid.

Gun flashes and reflections

Bradford has acknowledged that infrared technology can detect gunfire -- a statement Caddell has described as a stunning reversal of the government's earlier position.

Flashes -- as well as people -- were visible in all tapes reviewed Sunday, Bradford said.

"Of those items that we think are especially significant are the fact that the debris field in these tapes clearly reflects flashes," he said, adding that test footage would be reviewed in greater detail for several weeks.

According to other government sources, there are lots of flashes attributable to glints from the sun or reflections of the sun off of objects on the ground on the test tape.

These sources say the firing of weapons used by the Hostage Rescue Team members operating near the Branch Davidian complex -- which included M-16s and handguns -- could not be seen in the test FLIR tapes.

Sources say flashes could be seen from an MK-19 -- a military grenade launcher that shoots 40 mm grenades -- as well as flashes from an M-60, a heavy-duty, belt-fed machine gun.

But the FBI contends it did not have an MK-19 at the original scene and that the M-60 -- which it does acknowledge having at the original scene -- was not within FLIR range.

National Correspondent Tony Clark, Justice Correspondent Pierre Thomas and The Associated Press contributed to this report.

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Federal Bureau of Investigation
United States Attorney's Office, Central District of California
Branch Davidian Revelations According To Prophecy
Fort Hood
The Bureau of Alcohol, Tobacco and Firearms

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