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Page 8 • Wednesday, August 25, 1999
s
TATE
Former official: FBI fired on Branch Davidii Jar
DALLAS (AP) — The FBI fired two py
rotechnic tear gas grenades on the day the
Branch Davidian complex burned, killing David
Koresh and more than 80 of his supporters, a
former FBI official said.
This is a direct contradiction to what the gov
ernment has been saying since the day of the
fire at the compound outside Waco.
Danny Coulson, founding commander of the
FBI’s hostage rescue team and a deputy assis
tant FBI director at the time of the Waco inci
dent, told The Dallas Morning News in a copy
right story published Tuesday that two devices
known as M651 CS tear gas grenades were fired
from FBI grenade launchers hours before the
compound erupted in flames on April 19, 1993.
They were used with permission from FBI
supervisors, he said.
Coulson, however, said the pyrotechnic
grenades played no role in starting the fire.
“The fire did not start there. That’s a lot of
nothing,” he said, noting that the fire erupted
shortly after noon.
Independent arson investigators concluded
it began simultaneously in three separate places
inside the compound.
The FBI, using listening devices, recorded
conversations of Davidians discussing spread
ing fuel and planning a fire hours before the
compound burned.
Arson investigators also found evidence that
five different accelerants, including gasoline,
charcoal lighter fluid and camp stove fuel, had
been poured inside the compound.
Accusations that the FBI started the fire
have been consistently denied by the federal
government.
“The stance has always
been that they used no
pyrotechnics out there
that day”
—Capt. David Byrne
Retired FBI agent
The FBI used only nonburning devices to in
sert tear gas into the compound because of fears
that pyrotechnic tear gas grenades might spark
a fire in the flimsy wooden structure, govern
ment officials have always contended.
The statement by Coulson, suspended by the
FBI for his actions during the 1992 siege at Ruby
Ridge, marks the first time any government of
ficial has publicly contradicted those claims.
A U.S. Justice Department spokesperson de
nied again Monday that any pyrotechnic |L j
were used. JjVCt il ( \
“We are aware of no evidence to supj I
notion that any pyrotechnic deviceswcBCORPUS C
by the federal government on April 1) winds that rij
Department spokesperson Myron M; protective loc
the newspaper. "We've said that all througli
The issue of whether the FBI «^ ien c ^ m '
rotechnic devices that day isamajoi suTncrged a
an ongoing inquiry by the Texas Ran-M a dec ^ nt 1
a key allegation in a pending federal®^ 1101 K1 V
ful-death lawsuit filed against thegovef l /’^’ ’
by surviving Davidians and familiescM,.,: A
JnSImo
A former Texas Ranger captain who* u q lwes( o1
the investigation of the 1993 tragedy;cM art a f ter t j u
son’s statement is “mind-boggling”eveH j_[ e est j nK
devices played no role in the fire. $700,000.
“The stance has always beenthatfcH '‘\5y e j ust v
no pyrotechnics out there that day,”CapiR| iere ’ s q U j t
Byrne, who retired from the agencyiti) jl re now ”
1996, said. “There are some seriouscncM B ret rolled,
olations if they did. They have testfeHg ra j ns an( j
have done it before Congress. Theyhaiffrhe storm
it in court. lems conside
“They’ve caused other people totes® ickly deten
there were no pyrotechnics used,hesMat wa s still;
that turns out not to be right, then sorMuth Texasy
will have some serious problems on a p Laredo am
level.” Byrne said. Bd braced ft
pated deluge i:
Only minorsf
Bush’s Supreme Court appointees “conservative,” study
“It was not
ing to be,”
Garza said. 1
BUSH
AUSTIN (AP)
— Gov. George W.
Bush’s appointees
to the Texas
Supreme Court,
while conserva
tive on the issues,
have had a mod
erating influence
through their posi
tions on procedure and evidence,
said the author of a new study.
“I think the Bush appointees are
dragging it back towards the cen
ter,” Walt Borges, director of Court
Watch, said Thesday. Court Watch
is a project of Texas Watch, whose
members include insurance con
sumers and funding sources include
trial lawyers and other attorneys.
Borges said the appointees of
Bush, now the Republican presi
dential front-runner, are “die-hard
conservatives” on the merits of cas
es. But he said they are conservative
on procedure.
“They are going to make every
body play by the same rules,” he
said. “There are less cases each year
in which the court seems to be go
ing out of its way to bail out a de
fendant that has made some major
procedural error.”
Chief Justice Tom Phillips said he
had not seen the Court Watch study,
but he disputed the idea that rules
have been bent to further a conser
vative agenda.
“The court has not bent the rules
to favor a particular litigant or a par
ticular interest. We apply the law to
the facts of each case as they arise,”
Phillips said.
The “New Guard” on the all-Re-
publican, nine-member court in
cludes four justices appointed ini
tially by Bush — Greg Abbott,
James A. Baker, A1 Gonzales and
Deborah Hankinson — plus Justice
Harriet O’Neill, elected last year,
Borges said.
Abbott, Baker and Hankinson
each have won elections to keep the
seats to which they were appointed.
Gonzales was named to the bench
less than a year ago.
Borges said the current court ap
pears less likely to use its power to
intervene in cases before a trial
court decision is reached, less like-
mspe
)rt Worti
ly to disqualify evidence a jthose two fact
likely apply a stricter star® Agriculture
upholding summary judgE®
favor of defendants. ■
But he added, “This
mean that consumers and
individuals have nothingioif
would stiii advise them tost
of the Texas Supreme Court
if it gets up there on a quest
law the interpretation isgoii
conservative. ”
Court Watch, in its annua:
of court decisions, said injura:|
sumers and others suingfuf
nomic damages or physical
saw their wins inch up(027,
between August 1998 and
1999, from 24 percent
one-year period.
MEET ME
FORT WOR
tan accused i
ce of 6-yea
ngs worked
ard at an eh
Fort Worth fc
1995, accord in
port.
The Ton Woi
ported today
ild molester I
anks, who p
91 in Wise C
evolving a y
ired to work
mil Septembei
ig guard at J
rentary Schoo
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