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April 6, 1993: Davidian Lawyers Ask for Videotape of Raid

1993-04-06

Lawyers for two of the Branch Davidians currently besieged inside their compound by FBI forces ask a federal magistrate to impound a videotape of the federal raid on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993). Officials from the Bureau of Alcohol, Tobacco and Firearms (BATF, also abbreviated as ATF) say they have already turned the videotape over to Texas law enforcement authorities. The videotape, shot from a National Guard helicopter which served as a BATF “command post” for the raid, may help determine whether the Davidians or BATF agents fired the first shots of the firefight, which claimed 10 lives. The tape has not been made public. BATF spokeswoman Sharon Wheeler says, “All I can tell you is that the tape is in the custody of the Texas Rangers.” The Rangers have been investigating the shootout as a possible prelude to state charges against cult members. Jack Zimmerman, representing Davidian aide Steve Schneider (see March 29-31, 1993), says the BATF “is not a disinterested party,” and may be attempting to edit or alter the videotape. “Should the videotapes and audiotapes reveal shortcomings on the part of the ATF,” Zimmerman says, “it would not be in the interest of the ATF to retain unaltered damning videotapes and audiotapes.” BATF officials say such assertions are groundless. [New York Times, 4/7/1993] Zimmerman and fellow lawyer Richard DeGuerin claim that BATF agents fired first, and that agents fired on the compound from helicopters; the bureau denies both assertions (see April 4-5, 1993).