March 29-31, 1993: Koresh Meets with Attorney; No Surrender Agreement Reached

Jeff Jamar, the commander of FBI forces on the ground at the Branch Davidian siege near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993), overrules objections from US attorneys and Texas Rangers, and allows Davidian leader David Koresh to meet with his attorney, well-known Houston defense lawyer Richard DeGuerin (see March 11, 1993). After an initial telephone conversation, the two men meet at the door of the compound and talk for almost two hours. The next day, Koresh and DeGuerin meet two more times. DeGuerin will tell Jamar that he is “frustrated” in his attempts to negotiate a surrender. [New York Times, 3/31/1993; PBS Frontline, 10/1995] DeGuerin tells reporters that he is “very hopeful” of resolving the situation. Speaking of Koresh, he says: “My client wants everybody to be safe. And so do I.” FBI agent Bob Ricks says agents have an attitude of “guarded or cautious optimism” about the new development. “We are cautiously optimistic that this is one of the significant events necessary to bring this to final resolution,” he says of Koresh’s meetings with DeGuerin. “But we have been disappointed in the past.” Ricks emphasizes that DeGuerin is not negotiating on behalf of the FBI or anyone else. “At this point, he is not acting as a negotiator,” he says. “We have agreed to complete confidentiality and are treating the conversations that he is having with Mr. Koresh as privileged. We are not recording those conversations. We are removing ourselves to a sufficient distance, approximately 75 yards away from the compound, to insure that those conversations will not be overheard.” Ricks does not give details of the conversations between Koresh and DeGuerin. “They’ve been characterized in general terms as dealing with substantive matters and not religious matters,” he says. “That is, how does the system work and what his rights are under the criminal justice system.” [New York Times, 3/31/1993] Koresh also speaks with attorney Jack Zimmerman by phone. Zimmerman represents Koresh’s lieutenant, Steve Schneider. [New York Times, 3/31/1993; Moore, 1995]