The Ashes of Waco

Negotiation Transcripts

Arguably the biggest informational treasures in the Dick J. Reavis Papers is the collection of negotiation transcripts. From the first 911 call made by Branch Davidian Wayne Martin during the height of the Feb. 28 shootout, to FBI negotiator Byron Sage's loudspeaker instructions during the fiery chaos of April 19, the drama is captured in these transcribed conversations between the adversaries.

I believe we have the full set of transcripts, which were procured by Reavis during his investigation from defense attorneys. Technically one can get them from the FBI with a Freedom of Information Act request, but from what I hear, one will have to wait a while.

Most, but not all, of these transcripts are in digital format, and many of those are already included in the digital collection. You can see what's there so far with this link: http://tinyurl.com/yeh2kmk, or by searching "negotiation transcript" in the search bar of the digital collection.

I have been working on adding these lately and will continue to do so until they are all up there. They are one of the most researcher-requested items in the collection, and I can see why. Now, they will be fully keyword searchable, making this aspect of research much quicker and more productive.

The other type of item most requested are the actual negotiation recordings. Those will all eventually be in the digital collection too, and when they are, researchers will be able to find recorded content using the transcripts, all at their own desks at home.

Lee Hancock Collection

At the April 19 commemoration in Waco this year, I met Catherine Wessinger, Professor of Religious Studies at Loyola University in New Orleans. She is co-editor of Nova Religio: The Journal of Alternative and Emergent Religions," the author of two books on Millenialism, and editor of two books by Branch Davidians (Mt. Carmel survivor Sheila Martin and David Koresh's mother, Bonnie Haldemann).

Catherine informed me of the Lee Hancock Collection at Loyola--a collection rich with internal government memos, interview reports and expert reports, as well as news articles and FLIR videos, among other items related to the raid, siege, assault and trial of the Branch Davidians. Lee gathered these materials during her numerous years researching the topic as a reporter for the Dallas Morning News, and she had access to some government documents that other reporters typically did not have.

Lee, Catherine and the archivists at Loyola were all interested in moving the collection, and after discussions over the ensuing months, we were able to secure acquisition of the collection here at the Southwestern Writers Collection. Although we are a literary manuscripts repository, our collecting scope does include papers from area journalists. We also feel this collection, centered on the government's side, will compliment Reavis' nicely, which focuses more on the Branch Davidian side.

Also, according to Catherine, the Lee Hancock Collection contains photocopies of documents (or detailed notes on classified documents) that have not been or are no longer accessible to the public. Catherine recently wrote an article about the contents of the collection and an article about the startling conclusions she came to as a result of researching the collection. You can read both articles and all the others online in the latest issue of Nova Religio, The entire issue is devoted to the Branch Davidian incident, and will be published in print in October. It also contains an article by Matthew Wittmer, "Traces of the Mount Carmel Community: Documentation and Access," that contains information about the Reavis papers and The Ashes of Waco digital collection.

We're very happy that our work this past year digitizing and providing online access to The Ashes of Waco research materials was instrumental in the future acquisition of the Lee Hancock Collection! We should acquire it around January 2010, and we can definitely see creating a similar digital collection of out of it someday.

Sarah Bain's Memo to the Senate Judiciary Committee

Sarah Bain was the jury foreman in the first Branch Davidian trial. Click the link below to read her memo to the Senate Judiciary Committee.

A Juror's View

Here is the letter she wrote to District Court Judge Walter S. Smith, Jr., who presided over the trial:

Dear Judge Smith:

Following the "erroneous" action on Count Three [use of firearms in commission of a crime] by the jury in the trial of the eleven Branch Davidians, it is with some chagrin that I ask the Court to consider some of our discussions as the Court determines the sentencing for the defendants involved in Count Three and also Count Two.

Generally, I feel that it is necessary to address the jury's considerations in bringing guilty verdicts, and specifically, I feel it is necessary to address our deliberations on the involvement of certain defendants.

The jury asked the Court for clarification of what seemed to be a discrepancy in the use of "and" and "or" in Charge Three as it pertains to "using and carrying" versus "using or carrying firearms. . ." The Court advised that the Government would have proven its case if it proved beyond a reasonable doubt that a defendant had "used or carried a firearm . . ." With those instructions we found seven of the defendants guilty.

At the time, the jury questioned among ourselves how sentencing could be carried out fairly since there surely must be a more serious penalty for "using" as opposed to "carrying" a firearm, and since we were not charged to identify which defendants, if any, should be found guilty of actually "using" the firearms. To each other, we voiced our desires that perhaps the simple act of "carrying" a firearm might serve to diminish the penalty associated with "using a firearm.

I now understand that the "sentencing guidelines" stipulate a penalty of from five to thirty years in prison. I am incredulous!

Since the crime that the "carrying/using" took place was that of aiding and abetting a voluntary manslaughter and not conspiracy to murder or aiding and abetting murder (all defendants were found not guilty of these charges), there surely must be a different set of sentencing guidelines that can be followed. After we had delivered our verdict to the Court and prior to its being presented to the public, we jurors discussed what most of us felt was the possibility that with the consideration of time already served by the defendants, none would be facing severe penalties. Even five years is to severe a penalty for what we believed to be a minor charge. All of us agreed that Kathryn Schroeder probably would be serving a lesser charge if she had remained a part of the case!

Specifically, I am most concerned with the sentences that are facing two defendants on Count Three and five defendants on Count Two (part two).

Regarding Count Three and the charges faced by Ruth Ottman Riddle and Graem Leonard Craddock:

Graem Craddock was found guilty of Count Three for only one reason: For Count Seven, it had been proven beyond a reasonable doubt that he had been in possession of a hand grenade. But further in Count Eight, it was proven that he was not guilty of conspiracy to posses such a device. However, since "carrying a firearm . . ." created a guilty verdict in Count Three, we felt we had no choice but to find him guilty in Count Three. We even discussed whether or not this was not a type of double jeopardy -- not of being tried twice for the same crime but of being punished twice for the same crime: possession of a hand grenade. Again, we felt we had no choice.

In the case of Ruth Ottman Riddle, we debated whether "carrying" was to be taken literally, as "moving around transporting a firearm"; or whether it was to be taken figuratively, as "being, even briefly, in possession of a firearm." We were in agreement that Ruth Riddle had, upon her request, retrieved a "long gun" (rifle? shotgun?) from under her bed and had passed it downstairs. It is unfathomable that for this act she is facing even five years, much less thirty years, in prison. Are there no other sentencing guidelines that can be brought to bear? If we had interpreted "carrying" literally, she would be totally free since there was no proof beyond a reasonable doubt that she even walked to the window of her room while in possession of a firearm!

For these two individuals I beg the Court's utmost leniency.

Further, on Count Two (part two): the five individuals found guilty: Brad Eugene Branch, Kevin A. Whitecliff, Jaime Castillo, Livingston Fagan, and Renos Avraam, were not found guilty of voluntary manslaughter but of aiding and abetting voluntary manslaughter. I implore the Court to recognize that the jury never believed these individuals themselves committed the crime of voluntary manslaughter. Further, we did believe, and the charge to the jury gave credence to the belief that aiding and abetting was "a lesser charge.''

For these five individuals, I beg the Court's utmost leniency.

Finally, regarding what was deemed an error on the part of the jury: finding certain defendants guilty on Count Three after having found all defendants not guilty of Count One [conspiracy to murder federal agents]: In our defense I submit that we determined that certain defendants did "use and (?) carry a firearm during and in relation to the commission of a crime of violence which may be prosecuted in a court of the United States." We further interpreted the following portion of that statement, "to wit: conspiracy to murder federal agents," to mean "for example, conspiracy to murder federal agents" -- with "conspiracy to murder" being but one example of a crime that could be prosecuted in a federal court. On that basis, we began our deliberations on Count Three. We certainly had no knowledge that the penalty for a guilty verdict would be tied to a conspiracy charge as alleged in Count One!

On a more personal note: I cannot explain the honor and responsibility I felt when I was chosen to serve on this jury. It was the most intense forty-eight days (my thoughts did not take a break on weekends and holidays!) of my life. If justice is served in the end, I and my fellow jurors did our duty. It is now in the Court's hands to assure that our intentions are not belied.

Sincerely, Sarah L. Bain Juror #16, Foreman Branch Davidian Trial

Messiah Productions

For a time, the Branch Davidians maintained two houses in California, which became a base for recruiting new members. California was also a place where Koresh tried to further his musical ambitions. These business cards were passed out to promising contacts; a similar card was given to future member David Thibodeau in a music store.

A Selection of New Scans

Here we present a few newly-scanned items of interest.

Firstly, three fake postage stamps, creators unknown (if anyone out there knows who made these, please sing out!). It's likely that the stamps were produced by an underground anti-government constitutionalist group who actually used them to send mail. It is impossible to say how many letters posted with stamps such as these made it through the postal system. 

Next we have a promotional postcard for the controversial documentary "Waco: The Big Lie":

Stay tuned for more scans through next week. We will be closed for the end-of-year break for two weeks following. We welcome your questions and comments. Please know that we are interested in presenting all facets we can surrounding this story but that we refrain from drawing any conclusions publicly or producing editorial statements, no matter what our private opinions or understandings may be. 'Til next time!

Floor Plans

The collection holds many different floor plans of the Mt. Carmel center, ranging from blueprints to post-fire maps showing locations where evidence and the remains of the deceased were found (these were originally marked 'Confidential'). The plans shown here list the occupants and uses of each room in the complex.