ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, February 24, 1994                   TAG: 9402240179
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-6   EDITION: NEW RIVER VALLEY 
SOURCE: 
DATELINE: SAN ANTONIO                                LENGTH: Short


JURY GETS CASE IN WACO MURDER TRIAL

Jurors began deliberations Wednesday in the murder and conspiracy trial of 11 Branch Davidians charged in the deaths of four federal agents.

Asserting that the cultists not only had a right but a duty to defend themselves against excessive government force, defense attorney Dan Cogdell said: "The government has taken the position that as long as a person has a badge and gun, it doesn't matter. They can hit your house with 75 agents, they can gas it . . . in the name of the law."

But federal prosecutors disputed claims that the ATF used excessive force, saying it was ludicrous to put the government on trial when the 11 cultists had the opportunity to walk away from the complex at any time.

"They [federal agents] didn't use enough force. They went up against an armed camp - not a home, not a church, but an armed camp," prosecutor John Phinizy said Wednesday.

The jury deliberated for about two hours Wednesday before recessing for the day. Deliberations were to resume today.

- Los Angeles Times


Memo: shorter version ran in the Metro edition.

by CNB