Government fails to meet evidence deadline in Branch Davidian case

Tuesday, January 18th 2000, 12:00 am

By: News On 6

WACO, Texas (AP) -- Government attorneys failed to meet a federal judge's Tuesday deadline to turn over all evidence sought by relatives suing for wrongful death in the Branch Davidian inferno.

U.S. Attorney Michael Bradford said although the government sent 50 boxes of materials to plaintiffs' attorneys over the holiday weekend, an additional 2,500 pages of documents must be declassified before being sent.

He said government attorneys also must reproduce and hand over items from 31 boxes of materials, including photographs and
computer disks, which were surrendered to the Waco federal court last fall at the direction of U.S. District Judge Walter Smith.

A private contractor the government hired had overlooked the materials and is making copies for delivery Wednesday, Bradford said. The Justice Department had sought a two-week delay, but Smith rejected their request last week.

Lead plaintiffs' attorney Michael Caddell said last week that he had "zero sympathy" for the government's argument that it cannot meet court-imposed deadlines because it has limited resources to cull through the requested information.

"There are over 9,000 lawyers in the Justice Department," he said. "They can put as many lawyers on this project as they feel
appropriate. If this were something that were important to the Justice Department, they would man up and get the job done."

Smith set a May 15 trial date.

Also Tuesday, Caddell filed a request for Smith to compel the government's lawyers to answer more completely the question of
whether any government personnel -- military or civilian -- fired shots during the deadly siege's final hours.

The Justice Department and FBI long have denied that federal agents fired shots on April 19, 1993. But the government's sworn answer to the plaintiffs' question of whether "any person under the employment, agency, control or direction of the U.S. or any other government, agency or organization" fired shots is incomplete, Caddell wrote.

The deadly standoff began Feb. 28, 1993, when federal agents raided the rural compound of Branch Davidian leader David Koresh and his followers. The siege ended in a fire that killed Koresh and about 80 followers, some of whom were shot.

The government says the Davidians died by their own hands.