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Title:Waco Investigation Hearings Day 8 (1995)
Duration:08:04:04
Viewed:959
Published:26-11-2021
Source:Youtube

The events at Mount Carmel spurred both criminal prosecution and civil litigation. On August 3, 1993, a federal grand jury returned a superseding ten-count indictment against 12 of the surviving Branch Davidians. The grand jury charged, among other things, that the Branch Davidians had conspired to, and aided and abetted in, the murder of federal officers, and had unlawfully possessed and used various firearms. The government dismissed the charges against one of the 12 Branch Davidians according to a plea bargain. Listen to an audiobook on the Waco siege for free: https://www.amazon.com/gp/search?ie=U... After a jury trial lasting nearly two months, the jury acquitted four of the Branch Davidians on all charges. Additionally, the jury acquitted all of the Branch Davidians on the murder-related charges but convicted five of them on lesser charges, including aiding and abetting the voluntary manslaughter of federal agents.[86] Eight Branch Davidians were convicted on firearms charges. The convicted Branch Davidians, who received sentences of up to 40 years,[87] were: Kevin A. Whitecliff – convicted of voluntary manslaughter and using a firearm during a crime. Jaime Castillo – convicted of voluntary manslaughter and using a firearm during a crime. Paul Gordon Fatta – convicted of conspiracy to possess machine guns and aiding Branch Davidian leader David Koresh in possessing machine guns. Renos Lenny Avraam (British national) – convicted of voluntary manslaughter and using a firearm during a crime. Graeme Leonard Craddock (Australian national) – convicted of possessing a grenade and using or possessing a firearm during a crime. Brad Eugene Branch – convicted of voluntary manslaughter and using a firearm during a crime. Livingstone Fagan (British national) – convicted of voluntary manslaughter and using a firearm during a crime. Ruth Riddle (Canadian national) – convicted of using or carrying a weapon during a crime. Kathryn Schroeder – sentenced to three years after pleading guilty to a reduced charge of forcibly resisting arrest. Six of the eight Branch Davidians appealed both their sentences and their convictions. They raised a host of issues, challenging the constitutionality of the prohibition on possession of machine guns, the jury instructions, the district court's conduct of the trial, the sufficiency of the evidence, and the sentences imposed. The United States Court of Appeals for the Fifth Circuit vacated the defendants' sentences for use of machine guns, determining that the district court had made no finding that they had "actively employed" the weapons, but left the verdicts undisturbed in all other respects, in United States v. Branch,[88] 91 F.3d 699 (5th Cir. 1996), cert. denied (1997). On remand, the district court found that the defendants had actively employed machine guns and re-sentenced five of them to substantial prison terms. The defendants again appealed. The Fifth Circuit Court of Appeals affirmed.[89] The Branch Davidians pressed this issue before the United States Supreme Court. The Supreme Court reversed, holding that the term "machine gun" in the relevant statute created an element of the offense to be determined by a jury, rather than a sentencing factor to be determined by a judge, as had happened in the trial court.[90] On September 19, 2000, Judge Walter Smith followed the Supreme Court's instructions and cut 25 years from the sentences of five convicted Branch Davidians, and five years from the sentence of another.[91] All Branch Davidians have been released from prison as of July 2007.[92] Thirty-three British citizens were among the members of the Branch Davidians during the siege. Twenty-four of them were among the 80 Branch Davidian fatalities (in the raid of February 28 and the assault of April 19), including at least one child.[61] Two more British nationals who survived the siege were immediately arrested as "material witnesses" and imprisoned without trial for months.[87] Derek Lovelock was held in McLennan County Jail for seven months, often in solitary confinement.[87] Livingstone Fagan, another British citizen, who was among those convicted and imprisoned, says he received multiple beatings at the hands of correctional officers, particularly at Leavenworth. There, Fagan claims to have been doused inside his cell with cold water from a high-pressure hose, after which an industrial fan was placed outside the cell, blasting him with cold air. Fagan was repeatedly moved between at least nine different facilities. He was strip-searched every time he took exercise, so he refused exercise. Released and deported back to the UK in July 2007, he still retained his religious beliefs.[87] https://en.wikipedia.org/wiki/Waco_siege

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