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From: betz@gozer.idbsu.edu (Andrew Betz)
Subject: Randy Weaver trial update: Day 4.
Message-ID: <1993Apr18.191529.9755@guinness.idbsu.edu>
Sender: usenet@guinness.idbsu.edu (Usenet News mail)
Nntp-Posting-Host: gozer
Organization: SigSauer Fan Club 
Date: Sun, 18 Apr 1993 19:15:29 GMT
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Note: These trial updates are summarized from reports in the
_Idaho Statesman_ and the local NBC affiliate television
station, KTVB Channel 7.

Randy Weaver/Kevin Harris trial update: Day 4.

Friday, April 16, 1993 was the fourth day of the trial.

Synopsis: Defense attorney Gerry Spence cross-examined agent
Cooper under repeated objections from prosecutor Ronald
Howen.  Spence moved for a mistrial but was denied.

The day was marked by a caustic cross-examination of Deputy
Marshal Larry Cooper by defense attorney Gerry Spence.  Although
Spence has not explicitly stated so, one angle of his stategy
must involve destroying the credibility of agent Cooper.  Cooper is
the government's only eyewitness to the death of agent Degan.
Spence attacked Cooper's credibility by pointing out discrepancies
between Cooper's statements last September and those made in court.
Cooper conceded that, "You have all these things compressed into
a few seconds...It's difficult to remember what went on first."

Cooper acknowledged that he carried a "9mm Colt Commando submachine
gun with a silenced barrel." [I thought a Colt Commando was a revolver!]
Cooper continued by stating that the federal agents had no specific
plans to use the weapon when they started to kill Weaver's dog.

When Spence asked how seven cartridges could be fired by Degan's
M-16 rifle when Degan was apparently dead, Cooper could not say for
sure that Degan did not return fire before going down.

Spence continued by asking with how many agents (and to what extent)
had Cooper discussed last August's events, Cooper responded, "If
you're implying that we got our story together, you're wrong,
counselor."  Spence continued to advance the defense's version of
the events: Namely, that a marshal had started the shooting by
killing the Weaver's dog.  Cooper disagreed.

Assistant U.S. Attorney Ronald Howen repeatedly objected to Spence's
virulent cross-examination of agent Cooper, arguing that the questions
were repetitive and Spence was wasting time.  Howen also complained 
that Spence was improperly using a cross-examination to advance the
defense's version of the events.  U.S. District Judge Edward Lodge
sustained many of the objections; however, both lawyers persisted
until Judge Lodge had the jury leave the room and proceded to
admonish both attorneys.  "I'm not going to play games with either
counsel.  This has been a personality problem from day 1, so start
acting like professionals."

Spence told the judge that, "When all the evidence is in, we'll see
that ... his [agent Larry Cooper] testimony is not credible, that
he was panicked and cannot remember the sequence of events." 
Spence continued, "We're going to find...that there is a very unlikely
similarity - almost as if it had come out of a cookie cutter - between
the testimony of Mr. Cooper and the other witnesses."

Spence then moved for a mistrial on the grounds that Howen's repeated
objections would prevent a fair trial, "We can't have a fair trial if the
jury believes I'm some sort of charlatan, if the jury believes I'm
bending the rules or engaging in some delaying tactic or that I'm
violating court orders."

Judge Lodge called the notion that his repeated sustainings of Howen's
objections had somehow prejudiced the jury was "preposterous" and
denied the motion for a mistrial.  Lodge did tell Howen to restrict
his comments when objecting.

The trial resumed with the prosecution calling FBI Special Agent Greg
Rampton.  The prosecution's purpose was simply to introduce five
weapons found in the cabin as evidence: However, the defense seized
on the opportunity to further address Cooper's credibility.

Defense attorney Ellison Matthews (Harris' other attorney) questioned
Rampton about the dog.  Rampton stated that there were no specific
plans to kill the Weaver's dog without being detected.  Matthews then
had Rampton read  a Septtember 15, 1992 transcript in which Rampton
had said that Cooper had said that the purpose of the silenced weapon
was to kill the dog without being detected, if the dog chased them.
Rampton then acknowledged that he believed that Cooper had said that,
but he could not remember when.  He then stated that, "I did not conduct
the primary interview with Deputy Cooper, but I have had conversations
with him since the interview was conducted."

Monday, April 19, 1993 will begin the fifth day of the trial.  Scheduled
is the continued cross-examination of FBI agent Greg Rampton.


