Waco Judge Survives 2nd Removal Attempt-This Time By Koresh Grandmother

DRUDGE REPORT
THURSDAY, SEPTEMBER 16, 1999 22:09:34 ET


He turned heads when he threatened the government two weeks ago with contempt-and won.
But the attorneys for David Koresh's grandmother do not buy that U.S. District Judge Walter S. Smith Jr. of Waco is a heroic jurist searching for truth.

Friday's ATLANTA JOURNAL-CONSTITUTION is reporting that the U.S. 5th Circuit Court of Appeals in New Orleans has rejected for a second time an attempt to oust Smith from the controversial case-both on the grounds of bias.

Writes AJC'S Tommy Witherspoon and Mark England:

"A motion to have Smith recused that was filed by all plaintiffs in the massive wrongful-death lawsuit two years ago also was rejected. Not all plaintiffs' attorneys joined in the most recent motion, which was filed two weeks ago with the 5th Circuit."

Judge Smith presided over the 1994 criminal trial in which 11 Branch Davidians were charged with killing four BATF agents at the time of the initial raid.

And in the wrongful death case-which Smith just postponed on Wednesday pending the arrival of the evidence-Judge Smith threw out all but one of the suit's original defendants. Of the original defendants named in the suit-including former Texas Governor Ann Richards and Attorney General Janet Reno-only one remains one, FBI agent Lon Horiuchi.

Also at issue is the nature of the FBI evidence which Smith fought so hard to obtain.

Says Jim Brannon, who represents Koresh's grandmother:

"He has already made up his mind on key issues and I think this ruling reflects that. With all the stuff that is coming out now, we believe he made up his mind on tainted evidence. The FBI evidence is just wholly not credible."

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