From: crphilli@hound.dazixca.ingr.com (Ron Phillips)
Subject: Randy Weaver Trial - Day 2 
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This was posted to the firearms-politics mailing list.
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Hi Folks;

Wednesday marked day 2, the beginning of the trial.  Opening
statements were given by both the prosecution and the defense,
each side presenting its version of what happenned last August.

The prosecution argued that Weaver and his family moved to
Idaho in 1983 anticipating a battle with the "evil" federal
government.  The prosecution alleges that Weaver sold federal
agents "sawed off" shotguns and later failed to appear for
trial: Despite repeated "good faith" efforts to get Weaver
to surrender peacefully, Weaver refused.  The shootout erupted
when Weaver discovered agents on a surveillance mission and
began firing.  According to the prosecution, three people
were taking an "offensive action" against an FBI helicopter
when an FBI sniper killed Vicki Weaver.

The defense argued that Weaver and his family moved to northern
Idaho in 1983 to practice their religion in peace.  They wanted
simply to be left alone.  Weaver was induced by federal agents to
sell the short-barrelled shotgun (and did not, as the prosecution
alleged, want to become a "regular supplier").  The defense also
argued that the federal government sought to arrest Weaver when
he wouldn't become an informant [it is not specified explicitly,
but I assume that this is a reference to the white separatist
angle of the story.  We'll know more as things develop].  The
failure to appear in court happenned because Weaver was given
an incorrect court date and then indicted before that date.
The shootout occurred when federal agent Arthur Roderick killed
Weaver's dog that was in proximity to Weaver's son, Samuel.  Weaver
then fired in self-defense.  In the ensuing battle, federal
agent William Degan was killed (when his gun was later found,
there were 7 .223 cases nearby and the gun was on semi-automatic:
However, agents were near the body for an extended period of
time and could have played with the select-fire - this will
have to be more fully explained).  Finally, the defense claims
that Vicki Weaver was only going to "look at the body" [not recover?]
of her son when she was cut-down by an FBI sniper.

Prosecution quote: "Weaver wanted that confrontation, and he made
that confrontation." -- Asst. U.S. Attorney Kim Lindquist

Defense quote: "The evidence in this case is going to show that
this is a case where Randy Weaver and Kevin Harris are charged
with crimes they didn't commit in order to cover crimes that
the government did commit."  -- Gerry Spence  [nice soundbite!]

Notes: The _Idaho Statesman_ claims that Weaver supporters
heeded a call from Spence not to repeat yesterday's protests
outside the courthouse.  However, the local NBC affiliate
again had footage on the 10:00 news with 5 supporters including
"Tim" again.  "Tim" claimed he was a skinhead, who were "ordinary,
working class people."  He also claimed he was for "white pride,
not white power."

Outside the courthouse the television crew had an impromptu interview
with Bo Gritz, who charged that the neo-nazi protestors are exactly
what the government wants to smear Randy Weaver.

In an affiliated article carried in the _Idaho Statesman_, about
a dozen lawyers were among the 70 or so people packed into the
courthouse.  These lawyers were present to watch Gerry Spence
in action, and to perhaps learn something from him.  Some
tidbits: Spence flatly told the jurors that he and his son Kent
were volunteering their time to represent Weaver because they
believed in him.  Spence, during his 90-minute opening statement,
repeatedly walked behind Weaver and placed his hands on the
defendants shoulders (Weaver broke down and cried during the
recounting of his wife's death), and Spence compared the "sawed
off" shotgun to driving 56 mph when the limit was 55 (another
good one!).

Today (Thursday, April 15th) the prosecution was scheduled to
begin presenting evidence.

Drew
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* Senior Customer Engineer                                   *
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