In an effort to conclude the siege that was begun on
February 28, 1993, the following agreement is made
between David Koresh, a.k.a. Vernon Howell (KORESH) and
the Bureau of Alcohol, Tobacco and Firearms and the
Federal Bureau of Investigation (BATF/FBI), To wit:
1) A Special Independent Prosecutor will be named
immediately, and shall be agreeable to both parties,
2) A Special Grand Jury shall be impaneled and shall have
no members who are government employees or members of
their families,
3) Both sides of the controversy will be represented when
witnesses testify before the Special Grand Jury,
4) Counsel for each side shall be allowed to cross
examine witnesses before the Special Grand Jury,
5) Counsel for each side will be allowed to present their
interpretation of the laws at issue (Constitutional and
Statutory),
6) There will be no arrests or jail until indictments are
returned, with the exception below,
7) KORESH will submit to arrest, to the County Sheriff,
for the pending arrest warrant (Criminal No. W-93-17M),
and will be released immediately upon posting of a
reasonable bail,
8) All members of the Branch Davidian Church will be
released immediately, upon execution of this agreement,
9) The investigation of the "crime scene" will
be conducted by the Texas Rangers, and all evidence shall
be maintained and kept under control of the Texas
Rangers. Any federal investigators that may be necessary
during the course of the investigation shall be monitored
by the Texas Rangers,
10) All members of the Branch Davidian Church will be
allowed to live in a location of their choice until the
completion of the investigation, and will be allowed to
return to the Church Complex upon completion of the
investigation,
11) There will be no Forfeiture of property under
property forfeiture laws as a result of these events,
12) If it is determined that there is no probable cause
by the Special Grand Jury, or if there were no wrongful
acts as a result of a jury trial, full restitution will
be made by BATF/FBI for all damages to property,
13) Any trials resulting from Special Grand Jury
indictments shall be heard by a fully informed jury, and,
14) All proceedings shall be under the jurisdiction of
the Texas Republic unless the Special Grand Jury
determines that federal jurisdiction exists.
The above is agreed to by the parties indicated below
on the dates shown.
JEFF JAMAR ___________________
for BATF/FBI
Date: _________________________
DAVID KORESH __/s/ Gary D. Hunt__
by GARY D. HUNT,
attorney-in-fact
Date: ___April 3, 1993_______
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