24 Children Murdered
Hunt for Killers Continues

By Weldon Clark
http://www.calnra.org

August 25, 1999

To anyone who prizes his or her freedom, Waco needs no introduction. But you do need to know about recent developments in the investigation of the matter. The need is especially clear since most of the national media have been working hard to ignore the story, despite its listing on AP and UPI wire services, and discussion in the Washington Times, the Washington Post, and other sources.

First, there have been lawsuits filed by families of those killed at Waco and by some of the survivors. The suits were transferred to Judge Smith, the same judge who sentenced some of the Davidians to long prison terms, and is generally thought of as a very pro-government, very anti-Davidian judge. The government of course moved to dismiss the cases. To the surprise of many, Judge Smith refused, leaving open such claims as the Davidians' assertion that the government shot at people leaving the burning building. This, Smith stated, had at least some evidence to support it, and if proven would "shock the conscience of the court."

Judge Smith must have been startled at the next development. Without warning, the Texas Department of Public Safety appeared in his court. TDPS announced that the Texas Rangers (which are part of TDPS) had two large rooms full of Waco evidence that had never seen the light of day. It explained that members of the public documentary producer Michael McNulty and attorney David Hardy had been asking for copies, but that when it offered to make them, federal agencies forbade it. Yet when McNulty and Hardy asked the federal agencies for copies, the same agencies claimed that they couldn't give them because only the Rangers had control over the evidence. TDPS added that it did not want to be responsible for withholding the evidence, hinted that it did not trust the federal agencies to have it, and offered to file the entire mass (estimated at twelve tons of material) in court!

Things became more lively when TDPS explained just what was in the evidence. TDPS commissioner Jim Francis said that it contained government fired projectiles, which appeared to be pyrotechnic (that is, fire producing). It appears to this author that may prove that FBI started the fire that killed 74 people, including two dozen children. He allowed he was no expert, but said the evidence would be at least "problematic" for the FBI's position. (The projectiles, fired from the FBI's M- 79 grenade launchers, including pyrotechnic CS gas rounds. These expel the CS by burning a mixture similar to black powder, and are stamped with warnings that they cause fires and may not be used against buildings.) The evidence was so sensitive, Francis explained, that he had instructed the Rangers to keep FBI out of the evidence locker until it could be secured with the court, and he had ordered the Rangers to commence their own investigation.

The revelation of hidden evidence must have shocked Judge Smith, hitherto seen as very pro-government. He issued an order accepting the Ranger's evidence. Then he issued a second order, which is utterly unprecedented. He ordered all federal agencies to turn over to the court all evidence "in any way relevant to the events at Mt. Carmel [the Davidian building]." No one had even thought to ask for such an order; in a civil case, judges just don't order all the evidence turned in, whether it has been subpoenaed or not. An anonymous law enforcement authority was quoted in the Dallas Morning News as predicting that "The Justice Department is going to have a fit!"

That's a safe prediction. Attorney Hardy's Freedom of Information Act suit drove ATF to admit that it had three and maybe four video cameras filming what happened at the Davidians' front door, and likely showing exactly what had happened when the first shots were fired but ATF claimed all copies had vanished. So had an infrared tape of the building, which would conclusively show if and when the Davidians fired. We may now know exactly where those tapes are sitting, and exactly why they've had to be hidden for six years.

Now for the things we can't talk about or, at least, things were we can only reveal part of the story. Michael McNulty, producer of the documentary "Waco: The Rules of Engagement," is producing a second documentary. If the first one was stunning (it won an Academy Award nomination) the second one makes it look mild. With solid evidence, most of it from the government's own files, he shows that the FBI may be guilty of lying, perjury, and homicide. He found the 40 mm Pyrotechnic shells, and tied them to the fire. Retired FBI and government sources agreed to talk. The picture that emerges is even grimmer than we might have thought.

Some Davidians had claimed that FBI fired into the building and shot at people who tried to escape. McNulty has uncovered STRONG proof that the statements are true. FBI infrared tapes, far better than those shown in his first documentary, show not only the FBI gunshots but also the FBI shooters. A law enforcement videotape shows the muzzle flashes. Internal FBI reports confirm that gunfire was heard from one of their sniper positions. This is only a tiny part of the new evidence McNulty has uncovered, but it should give you a guess as to what the rest is like. Here are just some of the indictments, each carefully documented, that McNulty's new documentary will level. Yes, there is a reason why 74 people burned rather than escape the burning building. Those who came out the back way (away from the media cameras) had been shot as they tried to get out. Yes, the "brave federal agents" got trigger- happy. Yes, a federal agency levied war against American civilians-including two dozen children.

McNulty showed his documentary to Congressional staffs recently, and the effect was immediate. Congressmen and Staffers were seen leaving in tears, others in angry determination. Now there is talk of new congressional hearings- done the right way, for once. The Washington Times carried the story under the headlines "The Waco Cover-up Begins to Unravel."

Sources close to the case demanded anonymity to avoid Judicial Reprisals. The Waco dam is cracking, and we need your help to break it wide open.