I do believe the Government was responsible. I don't
care what the Government says, how much they try to whitewash it. I
have evidence that the CS gas was flammable, even self-combustible. I
don't believe it was right for them to use tanks to go straight into the
building where women and children are.
Renos Avraam before sentencing1/
Surveillance audio tapes indicate that on April 19th Davidians argued
about whether the government was trying to kill them. Some believed the
FBI would gas for a while and then retreat. However, Davidians refused
to be bullied into surrendering to those they believed had brutalized
them and would bow only to the word of God.
Fire survivors insist that it was FBI tank attacks which
caused the fire that consumed Mount Carmel and killed 76 people. Many
believe that the FBI systematically turned Mount Carmel into an
inescapable fire trap and kept smashing away at it until they "accidently"
started a lethal fire. Some believe the FBI gave that fire a "boost" by
shooting pyrotechnic devices into the building. The government claims
that a few Branch Davidians spread fuel and lit fires in an act of mass
suicide or mass murder. Evidence suggest that the least likely scenario
is that Davidians started any of the fires.
TANKS
RENDERED BUILDING A WELL-VENTILATED TINDER BOX
Mount
Carmel Center was constructed of old wood from the Davidian homes which
had been torn down; walls and roofs were made of plasterboard and tar
paper. After BATF shot out the windows, black curtains and bales of hay
were placed against them to protect against the cold. There were also
large quantities of flammable paper, furniture, clothing and bedding
throughout the building. Dozens of gallons of paint, paint thinner and
other flammables were stored in the gymnasium.2/
FBI Forced
Davidians to Use Flammable Fuel
After the FBI cut off the building's electricity, the
Davidians became totally dependent on flammable fuel for light and
heating. Attorney Jack Zimmermann noted that "almost every room had a
coleman lantern." Survivor Clive Doyle reveals that for an entire month
the 85 inhabitants were reliant on flammable fuel which was spilled and
splattered by individuals filling lanterns or carrying them through the
building.3/ At trial Jack Zimmermann testified that he saw a number of
gallon coleman fuel containers stored in the kitchen area and in the
nearby hallway.4/
One defense attorney noted that on April 19th, "As they awoke,
kerosene lamps hanging on the outside walls were lit." Because of the
black curtains hung on the windows to protect them from any sniper
attacks, lamps needed to be lit even during the daytime. Some rooms
contained butane gas heaters and propane gas tanks.5/
Gas Grenades
and Tanks Dispersed Fuel
Surviving Davidians claim that rocketing gas grenades knocked
over un-lit coleman lamps and tanks knocked over other fuel containers.
Graeme Craddock and Clive Doyle claim that there were a dozen gallon
lantern fuel containers near the front door which they had to move when
the tank came in the front door. Some of that fuel spilled on the
floor.6/ David Thibodeau told interviewers that after tanks smashed up
the gymnasium, "I know kerosene was all over that room."7/ Even the
pro-government Fire Report, written without benefit of survivor
interviews, admits that due to "structural damage. . .it is possible
that some flammables were spilled inside the building as a result."8/
Flammable Gas
and Solvents Saturated the Building
As we have seen, the CS gas and methylene chloride, the
solvent with which the FBI claims it was mixed, both are flammable and
will sustain and accelerate a fire. Dozens of gallons of these
materials were sprayed into the building through the Mark-V liquid tear
gas dispenser system--liquid CS gas sprayed out the front of the
boom--and through the liquid CS gas in the gas grenades. The floors,
walls, ceilings and furnishings would have been saturated. During his
April 19th afternoon press conference, SAC Bob Ricks mentioned that the
FBI "put massive gas" into the building at noon, minutes before the
fire.
Tank Damage
Increased the "Flue" Effect
Most fires begin small, heat up an ever-increasing area as
they consume more fuel, and then, when a certain critical mass of heat
is reached within the room, "flashover" or explode into full room
engulfment.9/ Fire also can spread rapidly through the "flue"
effect--wind rushes the flame through a long, enclosed space like air
rushing smoke through a chimney flue. Mount Carmel was filled with
natural flues--its long, unobstructed first and second floor hallways in
the south front of the building, the "cat walk" over the chapel that
joined the second floor hallway, David Koresh's old quarters, and the
the long "dog run" on top the gymnasium that also joined those
quarters. The tanks' destruction of the whole back of the gymnasium
increased the flow of air.
The 30 mile-an-hour winds blowing through the tank-created
holes would spread any fire quickly--especially if that fire was acting
upon floors soaked by weeks of dribbled lantern fuel and upon flammable
CS gas and methylene chloride-sodden walls, floors and furnishings. At
trial fire investigator Quintiere conceded that within five minutes of
the first fire, the entire building was engulfed.10/
EVIDENCE TANK
ATTACKS STARTED FIRES
The
Justice Department report states that fires started first in the second
floor east front, next in the dining room, and finally in the east side
of the chapel and claims that such an illogically disconnected pattern
only could be the result of arson by the Davidians.11/ However, the
government refuses to admit how quickly one fire could spread to
separated areas. Nor will it concede that tank attacks also could cause
such a disconnected pattern of fires. The Justice report does not
include a very clear description of the last tank assaults before the
fire and never mentions the collapse of half the gymnasium.12/
Nevertheless, news footage, and infrared video tape and photographs
released to attorneys and revealed during the trial, provide strong
evidence that the fires that devoured Mount Carmel were started by one
or more FBI tanks and not by Davidians.
Tank-Caused
Second Floor Fire Flashed Through Building
News video shows a tank ripping away at first floor corner of
the building, rattling and perhaps ramming the room above it at 12:06
p.m. Smoke pours from that area within 90 seconds. At 12:07:41 p.m.
infrared video first detected fire. At trial, fire investigator James
Quintiere conceded that this tank pulled away from the east front corner
of the building shortly before smoke started coming from a second story
window above the location.13/
Two infrared photographs in the Justice Department report,
taken at 12:07:52 and 12:07:56 p.m., circle a bright light indicating
fire in the east window of the room directly above the area ripped out
by that tank. The official Fire Report describes this first fire as
being at "(southeast corner, second floor)."14/
Yet, on the May 5, 1995 episode of ABC-TV's "Nightline," Paul
Gray, the government's chief fire investigator and author of that
report, denied that the fire started in that corner. Showing a portion
of the government's infrared video tape, pre-edited for "Nightline,"
Gray points to the front window about ten feet west of the corner and
asserts: "As we can see, there's fire here, in the front of the
compound." Commentator Ted Koppel asks, "Was that the area that was
punched in by the tank?" Gray answers, "The corner. Downstairs, right
of where you see fire there. There was no penetration by the tank into
the second floor."
However, the window is in the same room rammed from below by
the tank--the same room whose east window is shown in the 12:07:52 and
12:07:56 photographs. And as the camera pans around towards that window
from the second window it is clear that the whole room is fully aflame.
This was but one more inept attempt by a government representative to
deny what the public can plainly see--that the fire started in the same
room rammed and/or rattled from below by the tank.
Attorney Dick Kettler reported that Renos Avraam "was with a
number of people squeezed into a hallway on the second floor when the
fire started. He heard a tank crashing against the wall in a room near
them. Then that room caught fire. He said it was terrifying. The
tanks were crashing into the walls, and the whole building was shaking.
He thought he would get crushed between the walls. Others in the
hallway didn't have time to escape. The fire went too fast." The
attorney noted that Avraam did not see the lantern turn over, but knew
there was one in the room that caught fire.15/ April 20, 1993 CNN news
footage shows Avraam, as he is being led into a police van, call out, "I
heard someone say that a fire started when a tank backed into a room."
Survivor Jaime Castillo also is convinced the first fire
started in this second floor area before whipping through the rest of
the building.16/ This fire, located at a pivotal point in the building
and driven by 30 mile-an-hour winds, could quickly have spread not only
down the second floor hallway to the tower, but down the collapsed
stairwell into the dining room, where many gallon containers of fuel oil
were stored. Fire survivor David Thibodeau reveals that he was in the
cat walk over the chapel right after the fire began and actually saw the
fireball from the corner room fire flash down the hallway toward the
four story tower. He then jumped down from the cat walk.17/ Sparks
from the fire only had to fall through the opening to the cat walk and
down into the fuel-filled chapel to spread the fire there.18/
Independent fire investigator Rick Sherrow confirms that a
fire in the second floor could have spread down the hall, down the
collapsed stairwell, and into the dining room area in as little as three
seconds.19/ Even Paul Gray, on the May 5, 1995 "Nightline," admitted,
"One thing about fire is, it's dynamic, it's kinetic, it moves, it
changes, it grows." The first fire could have spread down into the
nearby chapel, along the cat walk on top of the chapel, through the old
arms room and down into the gymnasium, effectively destroying the whole
building.
Tank Through
Front Door May Have Started Fires
Television news footage shows the tank that smashed through
the front door at noon plowing in and out of the building for almost two
minutes, until approximately 12:02. The Justice report does not even
mention this entry in its section on the final tank attacks.20/ Because
this tank went in so far, shook the building so, and did so much
structural damage, it could have started separate interior fires in the
kitchen and dining room, in the chapel or on the second floor front.
Because each area would have a different "fire load" of flammable
materials, fires started within this two minute period might show up
several minutes apart.
Graeme Craddock and Clive Doyle, both of whom were in the
chapel when the tank entered the front door, have described how
Davidians, concerned that tanks would knock over the gallon fuel
containers near the front door, began moving them. Some fuel was
spilled during this process. Craddock left the room briefly and when he
returned he saw the cans afire. He then escaped the building.21/
It is possible that the tank through the front door so rattled
the kitchen and dining room area that it knocked over a lantern lighting
that dark interior area and ignited the fuel containers stored there. A
smoldering fire could suddenly have "flashed-over" and engulfed the
kitchen and concrete room area. James Quintiere did in fact describe
the dining room fire as a "flash-over" fire.22/
Evidence Tank
Started Gymnasium Fire
It is probable that a fireball from the second floor fire
zapped through the cat walk, through Koresh's old second floor quarters,
and down into the gymnasium. CNN and other video footage early in the
fire shows little smoke. Then suddenly, within seconds, huge amounts of
black smoke pour from the gymnasium as it explodes into fire. However,
the actions of the tanks remain suspect.
Tanks repeatedly smashed into the gymnasium starting at around
11:20 a.m. FBI overhead photographs show the progressive destruction of
the gymnasium in the half hour before the fires began. The 11:59:16
a.m. infrared photograph shows a tank in the midst of the gymnasium,
something clearly seen in FBI overhead photographs.
The government, television networks and other news media have
withheld from the public the fact that the gymnasium collapsed. CBS-TV
has never shown to the public its before and after footage of the
collapsed gymnasium.23/ Even when this information was revealed during
the trial, few newspapers reported it. And when the infrared video was
finally shown to the public on "Nightline," neither fire investigator
Paul Gray nor commentator Ted Koppel mentioned this fact obvious in the
video.
At trial defense attorneys showed FBI infrared video in which
major flashes of light, indicating heat, occur at 12:08:17 and 12:08:22
p.m. in the window at the end of the dog run at the back of the
gymnasium. Smoke follows shortly after. While the Justice Department
report's 12:08:48 p.m. photograph does not show these flashes, at trial
attorneys insisted the small viewer box on the film, which automatically
goes to a new source of heat, indicated fire there. Attorney Mike
DeGeurin asserted the collapse of the gymnasium caused the flash and
fire there.24/ Because the roofing had collapsed, and because a tank
was inside or near the area throughout this period, it is unlikely a
Davidian could have started the fire in the dog run. Defense attorneys
grilled fire investigator James Quintiere about whether a fire started
in the gymnasium could have joined with the chapel fire. However,
Quintiere stubbornly denied that possibility, as well as the possiblity
that anything but purposely poured flammable fluid could have spread the
fire.25/
FBI agent Mike Toulouse, who was north of the gymnasium,
testified at trial that he first saw smoke near the four story tower and
then saw "naked flames" in the gymnasium "dog run."26/ Defense
attorneys entered the log of FBI agent "Height" who noted that at
"12:10" the gymnasium collapsed and at "12:12" the first fire was seen.
(Height's watch evidently was not synchronized with the infrared camera
timer.)
Paul Gray concealed the existence of this flash, as well as
the logs and other information, from other investigators. Not
surprisingly, the edited infrared video that chief fire investigator
Paul Gray presented on "Nightline" did not show the part of the infrared
film where the flash in the dog run occurs. Prosecutors did not call as
a witness FBI agent Garry Harris, who drove the tank, so he could not
testify about what happened after the collapse. Nor did prosecutors
call agent Height.27/ This deliberate coverup may be the best evidence
that the tank started the gymnasium fire!
Stonewalling as usual, Justice Department spokesperson Carl
Stern dismissed the survivors' allegations tanks started the fire.
"That stuff is preposterous," he told reporters. And, "You can't knock
over a lantern in three parts of a building at once."28/
THEORIES FBI
INTENTIONALLY STARTED FIRES
Given
that Mount Carmel burned so quickly and thoroughly, many suspect
deliberate arson by the government. At trial Mike DeGeurin repeatedly
questioned an FBI agent about whether Louis Alaniz, the Davidian
sympathizer who sneaked into Mount Carmel and left the day before the
fire, was a government agent who had been told to leave because the
government knew there was going to be a fire. And Joe Turner wondered
if the government brought infrared cameras because it expected a
fire.29/
The most infamous accusation that FBI agents started the fire
is contained in the video "Waco, the Big Lie," which shows what looks
like flame coming out of the barrel of a tank. However, "Waco, the Big
Lie Continues" contains a full shot of the tank pulling several yards
back from the building. Light that at first looks like flame pouring
out the front of the tank's barrel quickly positions itself as a bright
blob sitting on the side of the tank; as the tank pulls further back the
bright blob dissolves into what obviously is building debris stuck in
the plow of the tank.
Theory the
FBI Systematically Created a Fire Trap
Some believe that Hostage Rescue Team commander Richard Rogers
who created the plan, trained the field agents, and commanded his troops
on April 19th had a systematic plan to render Mount Carmel a lethal and
inescapable fire trap. They believe the fire at Mount Carmel was a
carefully planned accident.
Many find it incredible that the FBI would order tanks to
smash away at a building filled with flammable fuel and lighted
lanterns. Some wonder if knocking large holes in the building and
collapsing the gymnasium was not a conscious attempt to maximize the
"flue effect." Others wonder if the injection of flammable CS gas and
methylene chloride solvent--both of which produce toxic gases when
burned--was part of a plan to accelerate the fire, and even disable
Davidians so they could not escape.
In "The Waco Incident" investigator Gordon Novel charges that
the FBI "didn't need to have separate fires started. It just raced
around the building. . .One can only deduce that their intentions were
murderous."
Tanks drove 36 Davidians into the concrete room, where they
died, and most of the rest to the second floor. Many suspect tanks
purposely destroyed all three staircases, preventing easy exit from the
second floor. There is no doubt that Mount Carmel was systematically
turned into a fire trap. The only question is, was it done through
criminal negligence or with intention to commit mass murder?
Theory FBI
Pyrotechnic Devices Started Fires
Many believe the FBI used pyrotechnic devices to start or feed
one or more fires inside Mount Carmel. After the fire the FBI and
Justice Department repeatedly denied their ferret liquid tear gas rounds
were "pyrotechnic," i.e., that they burn and give off sparks on impact.
And the Justice report makes a point of noting that "the last ferret
round had been delivered at approximately 11:40 a.m."30/
However, both Caddell and Conwell's 1994 and Ramsey Clark's
1995 civil lawsuits allege that the FBI shot flash-bangs into the
building on April 19th. Even fire investigator Rick Sherrow, who worked
for BATF for six years, believes the FBI shot pyrotechnic devices into
the building. At trial Texas Rangers mentioned finding a "NICO" brand
flash-bang after the fire, in the gymnasium area.31/
"The Waco Incident" video compares the small amount of dust
non-pyrotechnic grenades give off to the fire and smoke emitted by
pyrotechnic devices. It shows that just such smoke rises from the
underground tornado shelter after it is gassed the morning of April
19th. Agents used the same grenade launchers to fire the tear gas
rounds as they did to fire the pyrotechnic flash-bangs.32/ Ambiguous
trial testimony by agents Toulouse and Rowan leaves open the possibility
that flash-bangs were used at some point on April 19th to keep Davidians
from leaving Mount Carmel.33/ A careless or homicidal agent easily
could have substituted a flash-bang or even a concussion grenade for a
ferret round and shot it into the building, starting a fire.
Some believe that the 12:08:17 p.m. flash in the window of the
dog run indeed was caused by FBI agents shooting a flash-bang from a
tank. The 12:08:11 and 12:08:48 p.m. infrared photographs in the
Justice report show a tank north of the gymnasium, pointing toward the
dog run.34/
Theory the
FBI Purposely Injected Flammable Solvents
Some suspect that FBI agents mixed the CS gas particulate with
a flammable solvent such as benzene, ethanol or even jet fuel. At trial
tank driver R. J. Craig testified that he got the pre-packaged liquid
tear gas canisters that he attached to his tank from FBI agent Monte
Jett who dispensed them from the back of a blue rental van.35/ Ramsey
Clark's lawsuit alleges that the FBI used ethanol as a solvent, based on
the presence of high levels of ethanol in the bodies of a number of
deceased Davidians.36/ The government has not released the exact number
of gallons of CS gas and solvent dispensed. Because this fire resembled
many unexplained and devastating arson fires created for insurance
purposes some theorize a "High Temperature Accelerant" like jet fuel
might have been used.37/
FBI
ALLEGATIONS DAVIDIANS STARTED FIRES
During
the FBI's April 19th afternoon press conference, SAC Bob Ricks, who
earlier in the day had assured reporters the FBI was confidant there
would be no mass suicide, said that on seeing the fire his reaction was,
"Oh, my God, they're killing themselves!"--as if only a Davidian mass
suicide could explain the fire. What follows is evidence the government
presents that the Branch Davidians started the fire, plus comments on
that evidence. Discussion of the supposedly independent Fire Report
follows in the next chapter.
Testimony of
FBI Agent
In the April 19th afternoon press conference, SAC Bob Ricks
asserted, "Someone appeared on the second floor of the compound wearing
a gas mask and made a throwing motion. Flames erupted, and the person
signaled to agents he did not want to be rescued."38/ On April 20th SAC
Jeff Jamar alleged, "At least 3 people observed a [cult member]
spreading something. . .with a cupped hand and then there was a flash of
fire."39/ However, trial testimony proved Jamar and Ricks lied.
The Justice report states only that "at 12:10 p.m. another HRT
agent, who was 300 yards away from the compound" reported seeing a man
in the front door area near the piano making suspicious motions,
"immediately after that [he] noticed that a fire started in that
position." The agent then reported what he had seen over the radio.40/
At trial this agent, John Morrison, said he watched through
binoculars from across street as the man, who was near the pushed in
front doors, made "a motion like he was washing his hands. Then I see a
fire come up right from where his hands are. Then the fire gets
bigger." He couldn't identify the man.41/
Defense attorneys first showed photographs proving that
Morrison's claim that the front doors were still in the building when
the fire was lit was false. The tank already had pulled them away from
the building. Morrison then admitted photographs showed that area free
of fire even after most of the building was aflame. An attorney asked
Morrison if the individual he saw could have been trying to extinguish a
fire. Morrison confessed, "I don't know what he was doing."42/
Alleged and
Actual Statements of Fire Survivors
During the April 19th press conference Bob Ricks lied when he
claimed that three Davidians had confessed to spreading lantern fuel
throughout Mount Carmel. During an April 22, 1993 CBS-TV "Good Morning
America," Bob Ricks lied when he claimed that survivors told the FBI
"that the people inside were directed to light the fire; we have direct
statements to that effect."
According to the Justice report, FBI agents interviewed
surviving Davidians as they escaped the burning building. "During those
interviews three of the survivors made statements about the cause of the
fire. Renos Avraam told the agents that he had heard someone inside the
compound say, `The fire has been lit, the fire has been lit.'"43/
However, on April 20th Renos Avraam called to the press as he was led
into court, "The fire was not started by us. There were no plans for
mass suicide."44/ At trial FBI Agent David Johnson testified that Renos
Avraam heard voices from downstairs saying, "The fire's been lit. The
fire's been lit." Johnson said it was not his job to interrogate Avraam
and that he had not written down the statement until some time later.
Avraam's attorney objected that because it was a group trial, Avraam
could not testify to deny that he made a statement which might implicate
other defendants.45/
Similarly, the Justice report alleges that Clive Doyle told
the Texas Rangers that the "fire was started inside the compound with
coleman fuel. Doyle said the fuel had been distributed throughout the
compound in specific, designated locations."46/ However, during the
trial prosecutors presented no evidence Doyle made any such
incriminating statement. Doyle himself asserts that the only thing
Davidians did with fuel that day was to move containers so they would
not be crushed by tanks.47/
The report alleges: "Craddock also said that he had heard
someone say, `Light the fire,' and that he had also heard someone else
say, `Don't light the fire.'" However, he told Texas Rangers, "if there
was a suicide pact, he knew nothing about it. He said that he knew
nothing about a plan to burn the building until he heard someone pass
the word to start the fire."48/
Craddock, who was committed to telling the truth about what he
heard and saw, told the grand jury: "I saw where the fire started, but I
did not see how the fires started or who lit them. . .I did hear some
confusing calls that were made in regards to lighting a fire. (From)
within the compound. Someone said the building was on fire. It sounded
like to me someone said, 'Light the fire.' There was a call back, 'What
fire, where?' And the next call I think I heard was, 'Don't light the
fire.'" Returning to the chapel, Craddock saw the fire and fled the
room.49/ Craddock's disturbing statements probably are a
misunderstanding of more general cries that a fire had started. During
her trial testimony, Marjorie Thomas said she knew of no discussions of
burning Mount Carmel.50/
Discussions
of Fiery Self-Defense
As we have seen, there is evidence that on April 18th Wayne
Martin discussed lighting tanks on fire if they came through the walls
of the building. At trial prosecutors played an April 19th conversation
where Davidians evidently refer to the tanks, saying either, "So we only
light 'em as they come in," or "So we only light 'em as soon as they
tell me it's the last chance, right?" (The audio expert had conflicting
interpretations.)51/
Attorney Jack Zimmermann criticized the FBI for not taking
evidence of such a defense plan seriously in an April 20, 1993 CNN
interview: "The FBI knew that David Koresh viewed those tanks out there,
for example, as chariots of fire. They know about the prophecies."
(Nahum 2:13 states: "See, I am against you says the Lord of hosts, and I
will burn your chariots in the smoke.") Zimmermann emphasized, however,
"We don't know what happened inside."
Some theologians and others also have speculated that
Davidians lit the fires to replicate the mass suicide of Jews under
siege of Masada by Romans in 66 A.D. or to create a wall of fire to
drive off the infidels. However, since none of the fires started near
the first floor areas attacked by tanks, this theory remains dubious.
Indistinct
Surveillance Audio
At trial prosecutors presented a small and very prejudicial
sampling of the six hours of surveillance audio tape recorded by the
surveillance device approximately 10 feet inside Mount Carmel.
Prosecutors called only two relevant witnesses, FBI transcriber Matthew
Gravel, who took notes from the surveillance audio on April 19th, and
outside audio expert Paul Ginsburg.
A partial transcript taken from news reports of conversations
recorded by surveillance devices follows.52/ The trial transcript did
not include the full transcript of the tape. (Note: "DK" is David
Koresh; "SS" is Steve Schneider; "UM" is Unknown Male; "Pablo" is Pablo
Cohen.) Davidian prosecution witness Kathryn Schroeder helped identify
voices on tapes.53/
(Note: All
times are Central Time.)
6 a.m.
UM: Pablo, have you poured it yet?
UM: Huh?
UM: Have you poured it yet?
UM: In the hallway.
UM: Things are poured, right?
6:10 a.m.
UM: Don't pour it all out, we might need some later.
UM: Throw the tear gas back out.
FBI: (Over loudspeaker) We have received reports that
although we have not initiated fire toward you, there has been fire
initiated toward the. . .
UM: No Way.
6:12 a.m.
UM: You got to get the fuel ready.
UM: I already poured it. It's already poured.
UM: They're gonna kill us.
UM: They don't want to kill us.
7:23 a.m.
UM: The fuel has to go all around to get started.
UM: Well, there are two cans here. If that's poured
soon. . .
UM: Is there a way to spread fuel in there?
UM: I don't know. I know that one (unintelligible).
UM: Unintelligible.
UM: So we only light 'em as they come in
(unintelligible) right? Not if they (unintelligible.)" (Earlier
interpretation was: So we only light 'em as soon as they tell me it's
the last chance, right?)
UM: Well, that's the fuel. We should have got more
hay in here.
9:08 a.m.
UM: Hey, man, if anything happens, we go to heavier
things, it doesn't matter man.
9:16 a.m.
DK: They got two cans of coleman fuel down there?
Huh?
SS: Empty.
DK: All of it?
SS: Nothing left.
DK: Out of both cans?
SS: I got some mineral oil here.
UM: (Unintelligible)
DK: Hey! Come back here! Hold on here! You're not
supposed to steal those masks, by the way!
UM: Hey!
UM: What?
UM: You shouldn't go stealing that.
DK: OK, I'll give you one. Want it?
10:00 a.m.
(11:00 a.m. Eastern Time) Janet Reno leaves FBI
Operations Center.
11:40 a.m.
UM: I want a fire around the back. (or "There's a
fire round the back."
Time unknown
UM: Let's keep that fire going.
11:56 a.m.
Tank destroys surveillance equipment.
12:07:52 p.m.
First fire seen on second floor.
When
these tapes were played in court, few people heard what audio expert
Paul Ginsburg claimed to hear. Reporter Diana Fuentes wrote that the
tapes "were filled with noise, and voices only occasionally were
discernible. . .The words were faint; some courtroom observers said they
heard it, some didn't."54/ Court observers Ken Fawcett, Jack DeVault
and James Pate assert they could not hear most of what the audio expert
stated he heard. Voices often were inaudible and words and phrases open
to a number of interpretations. Jury forewoman Sarah Bain said the jury
did not find the tapes or transcripts very credible.55/
On the stand Paul Ginsburg admitted he had to play the poor
quality, second generation tape over and over until the conversations
began to make some sense. Prosecutors provided his first draft to
defense attorneys. Only on February 13, 1994 did Ginsburg get together
with FBI agent Matthew Gravel to make up a new transcript with the
original, clearer copies of the audio tapes. These, of course, were
different than what was originally given to the attorneys. The judge
thwarted attorneys attempts to let the jury see the transcripts made by
FBI transcribers on April 19th.56/
Prosecutors never explained why they failed to enter into
evidence one conversation they made so much of in their opening
arguments. In it one Davidian asks, "What's the plan?" A second laughs
and answers: "Haven't you always wanted to be a charcoal briquette?"57/
Prejudicial
Transcripts of Surveillance Audio
Defense lawyers challenged the accuracy of transcripts of the
tapes. They pointed to several inconsistencies between the jury's copy
of the transcript and earlier versions given to the defense. As we have
seen, the 7:23 a.m. line described above as, "So we only light 'em as
they come in," had been transcribed earlier as, "So we only light 'em as
soon as they tell me it's the last chance, right?"58/ Of course,
neither interpretation may reflect what was actually said--nor do such
speculative statements prove such action was taken.
Defense attorneys were convinced prosecutors had demanded
audio expert Ginsburg change the line to take out the inference of self-defense
in the original. Under cross-examination Ginsburg stated he did not
know what the government was "looking for" in the tapes and denied that
after meeting with prosecutor Ray Jahn he changed the statement into one
more incriminating to the Davidians.59/
Ginsburg did admit that he had been paid $20,000 for 160 hours
of transcripts and that in the previous year the government had paid him
$120,000 for such transcriptions. Defense attorneys implied he would be
eager to please his FBI employer.60/
On August 3, 1994 the ABC-TV television program "Turning
Point" played the only segments of the April 19th recordings then
released to the public. The line which the government claims is, "I
want a fire around the back," sounds to me like an individual shouting,
"There's a fire round the back!" Yet at trial attorneys claimed the
same person was shouting, "I want no firing around the back."61/
Prosecutors interpreted some phrases which were clearly
audible but ambiguous in the most negative light. As heard on "Turning
Point," the phrases "Is there a way to spread fuel in there?" and "Well,
that's the fuel. We should have got more hay in here," appear to be
accurate. However, since 85 Davidians were dependent upon lanterns
using liquid fuel, it is not surprising a surveillance device might have
picked up discussions of using or pouring fuel.
Davidians also explain that "spreading" fuel might refer to
their attempts to move fuel tanks away from rampaging tanks.62/ The
phrase "more hay" could have been a reference to pushing hay bales
against the windows to stop gas grenades from entering through them.
Prosecutors also left out of the tape presented to the jury a
number of "exculpatory" conversations which could have indicated
Davidians' innocence of lighting any fire. These included discussions
of negotiations and surrender and clear and repeated claims Davidians
had not been firing on tanks. For example, Ginsburg transcribes one
conversation as, "I don't know why they say that cause
(unintelligible)." A defense attorney said that what Ginsburg
considered unintelligible was clearly a Davidian saying, "cause we
haven't been firing."63/ All in all, while the tapes do reveal some
questionable conversations, they hardly prove that any Davidian started
any fire.
Suspicions
FBI Tampered with Surveillance Audio
Many believe that the FBI actually tampered with and/or
destroyed some of this surveillance audio tape. With modern audio
technology, FBI audio experts easily could have spliced together
innocuous conversations to create incriminating sounding ones.
Also, the FBI claims the surveillance devices failed eleven
minutes before the fires started, leaving no definitive audio evidence
of how the fires really started. (For example, yells of "A tank knocked
over a lantern! A fire's been lit!" or even "A flash-bang started a
fire!") At trial FBI agent Matthew Gravel, who on April 19th was taking
notes from the tapes even as he watched the action on television,
testified there was an "abrupt cessation" of transmission at 11:56 a.m.
when the tank entered the front door.64/
FBI CONTINUED
ATTACK DESPITE KNOWN DANGERS
It
seems evident that FBI commanders Jeff Jamar and Dick Rogers withheld
from Attorney General Janet Reno and other officials the possiblity that
Davidians discussed a fiery defense against tanks on April 18th. It is
possible that on April 19th FBI transcribers told FBI commander Jamar
and spokesperson Ricks that they heard what they considered to be
suspicious conversations between Davidians. It also is possible FBI and
Justice officials in the FBI Operations Center in Washington could hear
via a live audio feed such suspicious conversations. Even if these
conversations were innocent remarks or speculative defense plans, they
should have been enough to prompt anyone concerned with human life to
call off the attack.
At trial FBI transcriber Matthew Gravel stated that during the
April 19th attack he was down the hall from FBI siege commander Jeff
Jamar. (A Texas Ranger testified Bob Ricks was also at that command
center.) However, when defense attorneys asked whether Gravel had
talked to Jamar about what he heard on the surveillance tapes, he
answered, "I would say I probably did, but nothing sticks in my mind,"
and, "I don't recall the exact nature of the conversation." He also
admitted that in an emergency, he could have passed a note to
Jamar.65/ It is possible that the other two FBI transcribers did in
fact have very explicit conversations with Jamar about what they heard
on the tapes. Prosecutors did not call either to the stand.
It is suspicious that his April 19th during the FBI afternoon
press conference, Bob Ricks asserted that Graeme Craddock "said that he
heard discussions of using lantern fuel to spread it throughout the
compound." However, if Craddock only referred to "moving" fuel in his
statement to the FBI, Ricks' use of the word "spread" suggests he heard,
or heard about, conversations caught by surveillance devices as they
occurred.
When a reporter asked if FBI "intelligence" told agents that
Koresh's response to the tank attacks was to set the fire, Ricks refused
to answer, just as both SAC Jeff Jamar and FBI Director William Sessions
refused to do over the next two days.66/ One reporter commented that
after Ricks and Jamar's initial remarks, "federal officials have not
explained how they came to believe that Koresh issued the order for a
mass immolation."67/ However, by the time prosecutors played these
surveillance tapes at trial, ten months after the fatal fire, few
reporters bothered to question what the FBI heard from inside Mount
Carmel in the days, hours and minutes before the fire. Nor did the
press repeat defense attorney Joe Turner's question, "Why didn't they
bring you the tapes of the bug on April 18th, the night before? Do you
think it's just a coincidence that they had a FLIR tape up there the
morning of April the 19th, that they had a heat sensitive camera up in
the air that morning, an infrared camera that morning?"68/
It would seem that the FBI, and perhaps Justice Department
officials, had a pre-planned explanation for any catastrophe: mass
suicide. As seen on CNN coverage, little more than an hour into the
fire a CNN reporter told viewers that the "White House" had stated that
"Justice people" had told them the Branch Davidians had started the
fire. As we know, such a statement would have come from Webster Hubbell
reporting to Clinton Chief of Staff Thomas McLarty (or, despite White
House denials, to Clinton himself). Was Hubbell's evidence Davidian
conversations which he himself had heard from the FBI's live audio feed
of conversations caught by surveillance devices? Or did Hubbell merely
accept FBI SACs Jamar or Ricks' lies that more than one agents alleged
seeing Davidians start fires and that Davidians had confessed to doing
so?
SMOKE, FIRE,
SNIPERS AND TANKS TRAPPED DAVIDIANS
We
have seen how the tanks destroyed staircases, collapsed walls and
ceilings, and blocked exits with debris. Once the fire started
Davidians were further trapped not only by smoke, gaseous fumes and
fire, but by their fear of snipers and of tanks standing outside the
building--tanks which continued to ram the building as it burned. The
bodies of five Davidians were found in the first floor stage and
gymnasium area. Thirty-six were found inside, and seven were found on
top of, the concrete room. While the government claimed the remaining
28 died on the first floor, it is more likely most died on the second
floor.
Smoke, Fumes
and Fire
According to a reporter who spoke with outside fire experts
who viewed video tape of the fire, Davidians "may have had less than
five minutes to escape after the fire began. . .the fire produces an
enormous amount of toxic gases that cause confusion."69/ One reporter
wrote survivors "said the smoke was so black, that one of them said
within seconds he couldn't see where he was. . .The building erupted."
Another article notes, "escape attempts were hampered because gas masks
clouded up in the smoke and heat."70/
Marjorie Thomas testified at trial she was on the second floor
when, "all of a sudden, we all felt a warm glow. The whole, entire
building felt warm all at once, and after the warmth, then thick, black
smoke and the place became dark. I couldn't see anything." She could
hear people yelling and screaming, lost a friend who was just a few feet
away, and was severely burned over half her body before as she fought
her way to a window and jumped.71/
According to Renos Avraam's attorney, Avraam, who escaped from
the second floor, stated that "others in the hallway didn't have time to
escape. The fire went too fast. It was total blackness and confusion.
In seconds, everybody was disoriented."72/ David Thibodeau saw a
fireball shoot down the hallway towards the four story tower.73/ And
Clive Doyle and Jaime Castillo, who were in the stage area back of the
chapel, have described how the room suddenly exploded into fire. Those
in that area found themselves on fire. Doyle was severely burned before
he managed to jump through a hole the tank had knocked in the wall.74/
As noted, manufacturers warn that burning CS gas can emit
lethal hydrogen cyanide fumes, and fire investigator Rick Sherrow claims
methylene chloride emits toxic phosgene gas. Attorney Ramsey Clark's
investigator Gordon Novel, working on the civil lawsuits, obtained 48
Branch Davidian death certificates indicating possibly lethal blood
levels of cyanide, a by-product of burning CS gas. In June of 1994
Novel and other civil suit investigators were permitted to enter Mount
Carmel to retrieve soil samples to test for just such cyanide. The
results were not available as of publication.75/
Fear of FBI
Snipers
The FBI had at least three sniper nests: north of Mount Carmel
in the barn, in a dug-out sniper nest, and south of Mount Carmel in the
undercover house.76/ Davidians were fearful of FBI sniper fire. In
"The Waco Incident," Clive Doyle describes the reaction of several
people in the chapel near a hole in the building when the fire began.
"We were just standing there looking out the hole. People were saying,
`What are we going to do?' There was concern there were sniper
positions, at least two of them, at the south side that we knew of.
There probably were more. But there were two that were fairly close.
We didn't know if we would be shot when we came out." When the room
suddenly exploded into flames Doyle managed to jump through a hole to
safety, but others did not.
Tanks Rammed
Building, Blocked Escape
Perhaps the most shocking news video footage contained in
"Waco, the Big Lie Continues" is of a tank continuing to smash into the
building early in the fire. The tank rams the middle front of the
building, which is not burning. (It does pull fiery material out of the
roof, which leads to the video's dubious claim this is more proof the
FBI used "flamethrower tanks.") If six women were indeed trying to
escape down the first floor hallway as the medical examiner claimed, the
tank would have been smashing that hallway at about that time. A full
review of all video footage of tank activity during the fire might well
disclose other instances of tanks ramming the building early in the
fire, even as Davidians may have been trying to escape.
At least one tank stays near the buried bus and dining room as
the room goes up in smoke. CNN footage shows a tank standing outside
the chapel throughout the fire. Infrared photos in the Justice report
show one tank stationed behind the building, near the swimming pool.
Some Davidians may have been intimidated by tanks or even forced back
into the burning building by them.
Davidian
Survivors Barely Escaped
Jaime Castillo, Clive Doyle, Derek Lovelock, David Thibodeau
and Graeme Craddock were all in the chapel area at the beginning of the
fire. All but Craddock escaped out the east side near the stage as fire
raged around them. Craddock hopped through a west window of the chapel
and made his way to the concrete building next to the water tower and
hid there until his arrest several hours later.77/
Renos Avraam made it through thick black smoke to a second
floor window and slid down the front roof where he remained for several
minutes. He waved off a tank that offered to rescue him, and then, as
the flames grew nearer, finally jumped off the roof and walked away from
the building--a scene shown over and over again in news stories about
the tragedy. (Both "Waco, the Big Lie" videos claim the man on the roof
was a government agent. However, study of the full video shows that
only one individual jumps from the roof. Avraam asserts it was
himself. He even insisted during his allocution at sentencing that he
had told Linda Thompson this but she ignored his assertion.78/)
Marjorie Thomas made her way out the front of the building.
CNN news footage shows an agent jump out of his tank and spray the
burning Thomas with a fire extinguisher. Misty Ferguson, hands and arms
ablaze, also managed to escape from the west front. Ruth Riddle
remained inside the far west corner room on the second floor until it
was surrounded by fire. News video shows her jumping to the ground
through a hole a tank had punched in the room's wall. ("Waco, the Big
Lie Continues" inaccurately claims she too is an escaping government
agent.) FBI agents claim they saved her as she ran back into the
burning building but she denies she intended suicide. "I knew the
building was on fire. I wouldn't want to burn up. That's why I
jumped!" At trial, Riddle's attorney revealed that she ran back into
the building because she was frightened of the federal agents pursuing
her.79/
FIRE DROVE
SOME TO SUICIDE
In
late September, 1994 McLennan County Justice of the Peace David Pareya
announced that 28 Davidians had bullet wounds.80/ Autopsy results
below indicate that 18 of those proved fatal. The day after the fire,
FBI siege commander Jeff Jamar repeatedly speculated that because
gunshots were heard during the fire, those trying to escape might have
been shot by other Davidians; he considered this to be the "logical"
explanation for the fact so few escaped.81/ However, given the fact
that most exit routes were blocked by debris, collapsed staircases, and
smashed hallways, and Davidians were lost and confused in the black
smoke and toxic fumes, many of those trapped doubtless chose suicide
over asphyxiation or burning to death.
Davidian survivors deny there was a suicide pact. David
Thibodeau said, "No, there was not a suicide pact. . .I know that if I
were trapped in a fire and there was a fire next to me, and I was. . .it
was very probable that I was going to burn, that I may, I may just taken
the easy way out." When the interviewer asked why people didn't try to
get out, Thibodeau answered, "I believe some people did try to get out
or else I wouldn't be sitting here."82/
Fire survivor Ruth Riddle said, "Given the fact that they may
have been trapped, they may have opted for that rather than burning to
death, that's a terrible way to die."83/ Jaime Castillo told a
reporter, "If I was in that situation, where I couldn't get out and the
fire was coming my way, I'd probably take myself out."84/ Derek
Lovelock said Koresh "didn't want to commit suicide and he didn't want
to be killed. . .We knew the end was coming, but we honestly thought it
would all pass peacefully, David included."85/
Pathologist Dr. Rodney Crowe told "The Maury Povich Show"
audience, "I think they did what you would have done, what I would have
done and I've put myself in that position. If I was on fire, if my
child was on fire, if the heat was so unbearable, I'd shoot my child. I
would hope I'd have the strength to shoot myself. As we were examining
these people we hoped that we would find gunshot wounds because we knew
that they went out quickly that way rather than suffer the horrible
death that we knew some of them did." A few Davidians, hearing their
friends and families dying around them, may have chosen death rather
than escape.
SPECULATION
FBI AGENTS SHOT DAVIDIANS
At the
start of the Davidian trial, Darren Borst, son of Mary Jean Borst who
died from gunshot wounds in the back, told the press that an "FBI hit
team" killed his mother and other Davidians found with gunshot
wounds.86/ What follows is evidence that prompts Borst and others to
make the damning allegation that FBI agents shot Davidians escaping the
building and/or entered Mount Carmel to shoot some of those trapped
inside.
FBI Rules of
Engagement Permitted Shooting Davidians
On April 15, 1993 the Dallas Morning News reported that FBI
officials had considered having snipers assassinate David Koresh, who
was sometimes seen near windows. Officials decided that this would
raise "serious legal questions."87/
While the Justice Department claims FBI agents never fired a
shot, agent Tom Rowan revealed he fired gas grenades directly at a man
who he claimed had fired at him. Agents could have shot tear gas
grenades at escaping Davidians to drive them back into the burning
building and still claim they had never fired a shot!
Hostile FBI snipers or agents in tanks out of television
camera range, could have shot one or more Davidians fleeing the back of
the burning building--especially if they thought individuals were
armed. If any agents shot Davidians, the law enforcement "code of
silence" probably would prevent other agents from "snitching" on them.
Davidians and
Agents Outside the Building
While Mount Carmel was still burning, CNN and other news
outlets reported that as many as 20 Davidians were seen fleeing out the
back of Mount Carmel. Such claims ceased as soon as the FBI announced
there were only nine survivors.
Based on the missing four and half minutes of infrared video
tape, and the fact that tanks seem to be pushing dark oblong objects
into the back of the gymnasium soon after, Michael McNulty believes
video tape caught FBI snipers shooting several Davidians trying to
escape the building before the fire, forcing the FBI to speed up
demolition. He demands the FBI account for all ammunition, spent and
intact, issued to FBI snipers on April 19th.88/
Also, speculation continues to center on agents seen outside
Mount Carmel before and during the fire, such as the agents seen gassing
the tornado shelter in the morning, the alleged agent seen walking in
front of the building as the tank finishes smashing in the front doors,
and agents alleged to be wearing Scott breathing apparatus who were
outside their tanks capturing Davidians during the fire.
"Systematic"
Gunfire Heard During the Fire
In the FBI SWAT team video contained in "Waco, the Big Lie
Continues," sounds of systematic gunfire are heard at approximately
12:15 p.m. while the most of the building is still standing. The
Justice report mentions FBI agents heard "systematic gunfire" at around
12:25 p.m. and "a distinct pattern of gunfire from inside the compound
at approximately 12:30 p.m., when only a small portion of the structure
remained intact."89/ Since the bodies of Davidians who committed
suicide were found in a number of locations and most bodies had only one
wound, it is unlikely that Davidian suicides could have produced
"systematic" gunfire in any "distinct pattern." However, such gunfire
could have been produced by FBI agents shooting in at Davidians.
Justice
Department's Immediate Claim Davidians Shot
Some find it suspicious that three days before the medical
examiner released any findings that Davidians had died of gunshot
wounds, Justice Department Director of Public Affairs Carl Stern
announced to the press that two bodies bore bullet wounds to the head.
On April 21, 1993 Stern claimed one victim was "virtually blown away"
and that the clothing of one man allegedly shot in the ear was "singed,
indicating that he was trying to flee the fire." (Of course, this might
also be evidence FBI snipers shot the escaping man.)90/
The very next day medical examiner Nizam Peerwani said he had
"no evidence" of the wounds and that autopsies had not been completed.
Texas Governor Ann Richards spokesperson Chuck McDonald expressed dismay
about the Justice Department's hasty conclusions.91/ It was not until
April 24th that Peerwani first confirmed that any bodies bore gunshot
wounds--a man and woman on top of the concrete room.92/ Some wonder how
the Justice Department knew Davidians had gun shot wounds even before
the medical examiner announced the fact.
Questions
About Some Autopsy Results
Three bodies the government states were found in the
kitchen/serving area have prompted some suspicion. Phillip Henry's
official autopsy revealed he had two major gunshots, in the chest and
head. A 9-millimeter bullet was found in his body, like those used by
law enforcement, but it had "insufficient detail for comparison of
bullet." Mary Ann Borst, who was found in front of the concrete room,
died of gunshot wounds to the back, something that would not be expected
in a suicide or mercy killing.
Jimmy Riddle, who had been shot in the head, also was found in
the kitchen/serving area. He was identified through finger prints,
something that one would assume would be obliterated by fire. (Two
women buried under debris in the concrete room also were identified
through fingerprints.)93/ If Riddle had been killed outside and his
body bulldozed back into the fire, it might well have been less damaged
than those inside the building for the duration of the fire.
There have been persistent rumors that FBI snipers entered
Mount Carmel and shot David Koresh and Steve Schneider. These rumors
are disproved by Davidians who say they saw them right before the fire.
Because Koresh was shot in the forehead, "execution style," and
Schneider in the mouth, "suicide style," Dr. Peerwani surmised that
Steve Schneider killed David Koresh and then himself--in the first floor
communications room. FBI agents and news reporters would go on to
repeat this "suicide pact" story--without mentioning that both had
carbon monoxide in their systems and were trapped on the second
floor.94/
Other
Evidence and Allegations
There have been rumors that fire survivor Derek Lovelock
claimed that Davidians trying to exit the back were shot down.
Prosecutors let Lovelock return to England when he promised he would
testify as a prosecution witness; but the government never requested he
return. Some believe prosecutors feared he would repeat that allegation
on the stand.95/
Graeme Craddock told the grand jury that as he exited the
chapel window, "I heard these gunshots being fired, I didn't know what
reason. I knew they were coming from somewhere."96/ His inability to
pinpoint the gunfire creates suspicions that some came from FBI snipers.
Shortly after the fire famed pathologist Cyril H. Wecht
conducted an independent autopsy on the bodies of Koresh and Steve
Schneider. Wecht fed the sniper rumor when he stated that because
Koresh's bullet wound was in the middle of the forehead, he did not
"`rule out' the possibility that Koresh and Schneider were shot by
outside snipers."97/ Also, Wecht claimed Schneider's bullet wound was
in the back of the head, indicating "he did not shoot himself."
Ramsey Clark's civil law suit alleges that not only did the
FBI incapacitate Davidians with CS gas, but FBI agents then entered the
building and shot Davidians. Clark himself told a reporter that agents
"walked in there after the fire had started and shot people, some of
whom were alive, on the ground."98/ However, survivor testimony
contradicts this theory. Considering all the above, it is likely
speculation will continue that agents shot Davidians either inside or
outside the building.
AUTOPSY
RESULTS
Davidians claim that 76 people, including two unborn children, died
during the fire. The following table shows the results of medical
examiner Nizam Peerwani and staff's autopsies of those who died in the
fire as of mid-1994.99/ Because of other errors in autopsies, all this
information remains suspect.
I have grouped autopsy results according to cause of death and
location of body. Not all numbers originally assigned were eventually
connected to individuals. Because parts of the same body were sometimes
given more than one number, there are more numbers than people who
actually died in this listing. (Because I did not have access to all
final autopsy reports, this listing is incomplete. According to
Davidian survivors, after final autopsies, two Martin and two Martinez
children were not specifically identified before burial.)
January, 1998 Note: Ms. Carol Valentine's "Waco
Electronic Museum" makes the dubious accusation that a number of
additional Davidians, especially mothers and children, were killed
before the fire (by persons un-named) because of differing rates of
decomposition and the fact that body parts are intermingled or missing.
(As we know, the video taken inside Mount Carmel March 8, 9 and 28
showed most of the mothers and children alive.) The "museum" also
claims that the Davidian survivors are lying about this "fact."
However, these differing rates of decomposition and
destruction are easily explained by the facts that: some bodies were
buried under rubble and barely burned while others were totally burned;
people were cramped together in a small room among stored boxes of
ammunition, black power and other items; as seen on CNN video which
continued filming for an hour and half after the fire, the inside of the
concrete room kept burning with numerous explosions flashing out the
hole in the top--these explosions would have done great destruction to
affected bodies; finally, the bodies inside the room were exhumed
between April 27 and 29, more than a week after he fire, allowing ample
time for additional decomposition of those bodies exposed to air. Ms.
Valentine's baseless and even libelous accusations are an insult to both
the victims and the survivors.
Note that "bunker" is the above ground concrete room and
"auditorium" is probably the gymnasium. Also, many of those listed as
having died in the first floor kitchen/serving area, in the
communications room or in front of the "bunker" may in fact have died
trapped on the second floor. Therefore a question mark has been placed
beside these locations.
FOOTNOTES
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