From: Gary Hunt at the Outpost of Freedom in Orlando, Florida
Date: January 21, 1994               Phone: messages (407) xxx-xxxx

Davidian Trial, San Antonio, Texas

January 14-21, 1994          Day 5-10                                               Post 4

Friday, January 14, BATF agent Balasteros testified that he had given warning that they were federal agents, something that was omitted during the Ranger investigation and pre-trial hearings. As of yet there has been no definite testimony as to who fired first, only that popping, or "bang, bang" sounds were heard. One testimony indicated that gunfire came from inside prior to the door being closed, contrary to the story presented for the past many months. Bullet holes found in the red pickup truck (second truck towing cattle trailer) appeared to have come from both the front of the vehicle and from the vicinity of the undercover house across the street. Both, unlikely to have been fired by Davidians.

On Wednesday, January 19, BATF agent Evers identified Livingston Fagan as the person who shot him during the initial raid. This incident allegedly occurred just around the Northwest corner of the Center, left side of the front of the building. Although he failed to mention this to the Texas rangers during their investigation last March, he stated that he said that he faced two black men, no height or weight given, but later decided it was Livingston. A Xerox copy of the photo that was used to ID Livingston was submitted as evidence. One of the defense attorneys asked Ray Cano, Texas Rangers, suggested to Jahn, the U.S. Attorney/prosecutor, that he look in their file. Jahn then found the original photo, which had noted on it that, "Witness is not sure if he makes this identification because of what he saw on TV or his memories from life. Perhaps an effort to falsify evidence?

Thursday, January 20, BATF agent Curtis stated that while they were preparing to embark from the Bellview city center to the raid a female agent/nurse wrote blood types on their necks. Perhaps there was apprehension of bloodshed, however no medical accommodations were made. It was also confirmed the name of the operation was SHOWTIME. Perhaps an indication of the then upcoming budget hearings.

Friday, January 21, testimony provided us the name of the back up, or contingency, plan - ‘Oh Shit!" This in the event that they were found out, or for some other reason had to abandon the attack. You might hear about the medic who had a medical case shot out of his hand while running for cover. What you might not hear is that the medical case is black box with a BATF seal on it, more like a bomb case than a first aid kit. BATF agent Barbara Maxwell was assigned the task of settling the women after the raid was over, Instead she hid with another female agent in a white van, Mike Schroeder’s, until the gunfight was over. BATF agent Lowell Sprague testified that Steve Willis, dog team agent fell on him when Willis was shot and killed. Sprague also claims to have shot one of two individuals on the top of the water tower. Perhaps the beginning of the case of the Murder of Peter Gent. BATF agent Clayton Alexander, dog team, killed one dog with 00 shot from a shotgun. He heard "popping" sounds prior to this. He also stated that he did NOT hear an announcement (police - warrant) prior to the gunfire.

General commentary is that the BATF agents are not afraid to admit that they sought cover almost immediately upon hearing gunfire. Perhaps their training did not allow for doors kicking back when they attempt to kick them in. It has become apparent that seven of the jurors have received FIJA (Fully Informed Jury Association) in the mail. The seven had come forward and told the judge that they had received the mailing. The judge instructed them not to read this material. For those who have not seen the FIJA material, it includes the Constitution and other cites from case law indicating that jurors have the right, and responsibility, to judge not only the facts but also the law. This was intended by the Founding Fathers to be a safeguard against usurpation of unlawful power by government. (FIJA, P0 Box 59, Helmville, Montana PZ 59843 (406) 793-5550) The jury is made up primarily of Latin females. Also, by this time the majority of the press has abandoned the trial much as they did last April before the fire. Only a dozen, or so, maintain the vigil.

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