Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, February 13, 1994 TAG: 9402130015
SECTION: NATIONAL/INTERNATIONAL PAGE: A-5 EDITION: METRO
SOURCE: Associated Press
DATELINE: SAN ANTONIO LENGTH: Medium
Government attorneys reached the final stretch of their murder-conspiracy case against 11 Branch Davidians as the fifth week of testimony ended Friday. Prosecutors will likely wrap up Monday or Tuesday.
"We'll be able to start our case," said defense attorney Douglas Tinker. "We're looking forward to it."
Prosecutor Ray Jahn promised early in the trial to prove doomsday prophet Koresh and his disciples conspired to kill federal agents in a violent "final exchange."
"David Koresh's theology was the theology of death," Jahn said.
Prosecution witnesses said about 400 weapons were found at the Davidian compound near Waco. Forty-eight weapons, including M-16 and AK-47 rifles, were identified as fully automatic.
More than 40 firearms dealers and gun shop workers have testified Koresh and his followers bought weapons in the months leading up to a Feb. 28, 1993, shootout with the Bureau of Alcohol, Tobacco and Firearms.
The 11 Davidians are on trial for murdering four ATF agents. The defendants could face up to life in prison if convicted.
Attorney Mike DeGeurin contended the Davidians bought firearms legally as an investment, perhaps doubling their money on some items. DeGeurin represents Paul Fatta, a main gun buyer for the group.
ATF agents have testified they were fired upon as they exited two cattle trailers and attempted to serve search and arrest warrants at the Koresh compound.
A television photographer and newspaper reporter at the scene have testified they believe the first gunshots came from inside the compound.
Defense attorneys, claiming their clients acted in self-defense, tried to cast doubt on the government accounts. They noted a front door to the compound that could provide crucial evidence about the first shots is missing.
The lawyers also hammered away at the fact that raid organizers knew they had lost the element of surprise but went ahead anyway with the raid.
Kathryn Schroeder, 31, a former Branch Davidian who also was charged with murder, pleaded guilty to a lesser charge in exchange for testifying against her comrades.
The star prosecution witness described Koresh's apocalyptic sermons and his anticipated violent clash with the government.
"If you can't kill for God, you can't die for God," Schroeder quoted Koresh as saying.
Schroeder identified all the defendants as Koresh followers and said the eight who were inside the compound during the shootout had guns during the firefight or in the 51-day standoff that ensued.
by CNB