LEXIS COUNSEL CONNECT
LEXIS COUNSEL CONNECT is a communications and information service for attorneys. LCC is managed by American Lawyer Media, L.P.
VI. CHRONOLOGY OF EVENTS
January - May 1985
U.S. Secret Service (“USSS”) investigates allegations from neighbors of Randy Weaver that Weaver threatened to kill President Reagan, Idaho Governor John Evans and other unspecified law enforcement officials. USSS learns through interviews that Weaver associates with members of the Aryan Nations.USSS interviews Weaver who denies affiliation with Aryan Nations and denies making threats against President Reagan and Governor Evans. No charges are filed against Weaver as result of alleges threats.On February 28, 1985, Weaver and his wife, Vicki Weaver, file affidavit with Boundary County Idaho clerk claiming that false allegations made to USSS were part of a plot designed to provoke federal authorities into storming their home. Weaver writes he “may have to defend myself and my family from physical attack on my life.”In May 1985, Weaver sends letter to President Reagan apologizing for false allegations made by his neighbors against him. July, 1986 - July 1989 BATF informant Kenneth Fadeley introduced to Weaver at World Aryan Congress, Hayden lake, Idaho. Fadeley meets Weaver again in January 1987 and at July 1987 and July 1989 Aryan World Congresses. At July 1989 Congress, Weaver invites Fadeley to his house to discuss forming group to fight against “Zionist Organized Government” (ZOG). October 11, 1989 BATF informant Fadeley meets with Weaver at restaurant in Sandpoint, Idaho at which time Weaver says he could supply sawed-off shotguns. October 24, 1989 Weaver sells two sawed-off shotguns to BATF informant Fadeley in a park in sandpoint, Idaho. Fadeley breaks contact with Weaver following November 30, 1989 meeting, when Weaver accuses Fadeley of being a “cop”.
May 21, 1990
BATF Agent Herbert Byerly submits case report to U.S. Attorney’s Office, Boise, Idaho, recommending that Weaver be prosecuted for the sale of sawed-off shotguns.June 12, 1990 BATF agents Byerly and Steve Gunderson approach Weaver in Sandpoint, Idaho, and attempt to enlist him as an informant regarding illegal activities of Aryan Nations members. Weaver says he won’t be a “snitch.”December 13, 1990 A federal grand jury in the District of Idaho indicts Weaver for manufacturing and possessing unregistered firearms in violation of 26 USC 5861(d), (f).January 17, 1991 BATF agents, posing as stranded motorists, arrest Weaver on weapons charge. Weaver tells the arresting agents, “nice trick; you’ll never do that again.”January 18, 1991 Weaver arraigned before U.S. Magistrate Judge Stephen M. Ayers in Couer d’Alene, Idaho. Judge Ayers appoints Everett Hofmeister as counsel for Weaver, releases Weaver on a $10,000 Personal Recognizance Bond and directs Weaver to appear at U.S. District Court for trial on February 19, 1991. January 22, 1991 Weaver calls Karl Richins pursuant to the terms of his condition of release. February 5, 1991 U.S. District Court Clerk in Boise, Idaho, sends a notice to the parties that the trial date has been changed to February 20, 1991. February 7, 1991 The U.S. Attorney’s office in Boise, Idaho receives two letters from Vicki Weaver dated January 22, 1991 and February 3, 1991 and addressed to “the Queen of Babylon.” Because the letters appeared to contain veiled threats they are provided to the Boise office of the (cut off….)
February 7, 1991
U.S. Probation Officer Karl Richins sends Randy Weaver a letter requesting Weaver to contact him and then erroneously refers to the trial date as March 20, 1991 rather than the correct date of February 20, 1991. February 20, 1991 Weaver does not appear for trial on either February 19 or February 20 and Chief U.S. District Court Judge Harold Ryan issues a bench warrant for Weaver.March 5, 1991 Deputy U.S. Marshals Hunt and Mays initiate contacts with Bill and Judy Grider, who are friends of the Weavers. The Griders give the marshals a letter signed by the Weaver family saying “we will not obey your lawless government.”March 14, 1991 A federal grand jury in the District of Idaho indicts Weaver for failure to appear.March 18, 1991 Chief Deputy U.S. Marshal Ron Evans, District of Idaho, provides Marshals Service Headquarters with analysis of Weaver situation and requests assistance from the Marshals Service’s Special Operations Group (“SOG”). March 28, 1991 Evans briefs SOG personnel at SOG Tactical Center in Camp Beauregard, Louisiana on developments in the Weaver case. The decision is made to send SOG team to Idaho to gather information to develop plan to arrest Weaver. June 17-24, 1991 SOG reconnaissance team travels to Northeastern Idaho and conducts assessment of the Weaver case. The team develops a plan for the safe arrest of Weaver on his property and away from his wife and children. Plan describes Weaver as “extremely dangerous and suicidal.”
July 9, 1991
Deputy Marshal Cluff and Weaver’s appointed counsel, Everett Hofmeister, meet with Rodney Willey and ask Willey to try and convince Weaver to surrender. Willey reports the following day that Weaver said he won’t surrender because his “rights will be violated.”September 28, 1991 SOG team dispatched to Northern Idaho to assist in the planned arrest of Weaver. However, plan to arrest Weaver is canceled because team finds that information on which plan was based was not accurate.October 9, 1991 Senior Deputy Marshal Hunt and Chief Deputy Marshal Evans ask Alan Jeppeson, a friend of the Weavers, to convey an offer of negotiations to Weaver. The marshals formulate formal surrender terms.October 12, 1991 Hunt and Evans propose offering formal surrender terms to Weaver and request authorization from the U.S. Attorney’s Office.October 17, 1991 Assistant U.S. Attorney Ronald Howen sends letter to Hunt and Evans directing that all contact with Weaver must be through Weavers’ appointed counsel, Everett Hoffmeister. In addition, Howen does not authorize further negotiations with Weaver as proposed by the Marshals Service.March 4, 1992 Deputy Marshal Cluff and Chief Deputy Marshal Evans drive up to Weaver property in an unmarked vehicle. They are met by Randy Weaver, who is armed with a rifle. Weaver tells Cluff and Evans that they are trespassing and the marshals leave without incident.
March 27, 1992
Acting Marshals Service Director Henry Hudson was briefed on developments in the Weaver case. Hudson asks U.S. Attorney Maurice Ellsworth to consider dismissing warrant and reissuing it under seal. Ellsworth rejects the proposal. Hudson directs that any plan to arrest Weaver must eliminate possibility of harm to Vicki Weaver and the Weaver children.Marshals Service Enforcement Division Branch Chief Arthur Roderick is given primary responsibility for devising a suitable plan to arrest Weaver. Three phase operation plan is developed.April 2-12, 1992 During Phase I of their operation plan, the marshals conduct surveillance of the Weaver property and determine technical requirements for additional surveillance. April 13, 1992 Acting Director Hudson approves operation plan for Phase II, during which surveillance cameras would be utilized to gather information about Weavers’ daily actions so that options could be developed for Phase III, the actual arrest of Weaver.
April 17 through 1st week of May, 1992
Marshals install surveillance cameras on ridges overlooking Weaver property and make three fact-finding trips onto the Weaver property.
April 18, 1992
Marshals Service are informed that the television crew from Geraldo Rivera’s program “Now It Can Be Told” may have been shot at while flying over the Weaver property in a helicopter.May 5, 1992 Marshals Service surveillance camera stolen from the north ridge overlooking the Weaver property.
May 27, 1992
Undercover plan developed by Marshals Service after Acting Director Hudson rejects plans to forcibly arrest Weaver using either “lethal” or “non-lethal” weapons. Undercover operation contemplates Marshal Service surreptitiously buying a plot of land north of the Weaver property and that two deputy marshals, posing as husband and wife, would visit and develop the property, and that eventually an opportunity would arise to arrest Weaver out of the presence of other family members. Plan put on hold pending Hudson’s confirmation as Director by U.S. Senate.
Early August, 1992
Hudson gives verbal approval to the undercover plan after being confirmed as Marshals Service Director.
August 17, 1992
Deputy Marshals Degan, Cooper, Roderick Norris, Thomas and Hunt arrive in Northern Idaho to update intelligence for undercover plan.
August 20, 1992
Deputy Marshals Roderick, Cooper, Degan, and Hunt, along with local marshal and deputy sheriffs use firing range west of Spokane, Washington to test their weapons as required by internal Marshals Service practice.
Friday, August 21, 1992.
At 2:30 a.m., Marshals Service team of Roderick, Cooper, Degan, Hunt, Norris and Thomas leave condominium at Schweitzer Mountain to begin surveillance of Weaver residence. At 4:30 a.m., Marshals Service team arrives at residence of Wayne and Ruth Rau, park their vehicle and move to surveillance positions on Ruby Ridge. The team splits into two three-man teams at the “Y.” The observation post (“OP”) team (Hunt, Norris and Thomas) goes to site above the Weaver compound while the reconnaissance (“Recon”) team (Roderick, Cooper and Degan) proceeds up the trail from “Y” toward the Weaver compound.
Friday, August 21, 1992
At 9:00 a.m. the Recon team joins the OP team at the observation post above the Weaver compound to discuss their observations. The Recon team proceeds to area 200-250 yards from the Weaver cabin were Roderick tosses rocks in the direction of the Weaver compound. The Recon team moves to garden/spring house area below the Weaver cabin.
At 10:00 a.m., while Recon team gets ready to leave garden/spring house area, Norris, at the observation post, radios that a vehicle is approaching and that the Weavers are responding. Recon team retreats through the woods toward the fern field while pursued by Kevin Harris and the Weaver dog, Striker. As the Recon team passes the fern field proceeding towards the “Y”, Sammy Weaver is seen with Harris and the dog in pursuit.
At 10:30 a.m., a gun battle occurs at the “Y”, in which Deputy Marshal Degan and Sammy Weaver are killed. Upon hearing the shots the OP team runs through the woods to assist the Recon team and are fired upon when running from the fern field to the “Y.” None of the marshals are aware that Sammy Weaver has been shot and killed.
At 10:45 a.m., Hunt and Thomas leave the “Y” to go to the Rau house to call for assistance. Roderick, Cooper and Norris stay with Degan’s body.
At 11:20 a.m., Hunt makes a 911 emergency call to the Boundary County Sheriff’s office. Bonners Ferry, Idaho.
At 11:40 a.m., the Marshals Service Crisis Center is activated under the director of Duke Smith, Associate Director for Operations. The Marshals Service Special Operations Group (“SOG”) is alerted to deploy. Hunt reports to the Crisis Center that the surveillance team came under fire from occupants of the Weaver compound and are still pinned down in defensive positions.
At 1:30 p.m., in Washington, D.C., Marshals Service Director Hudson and other Marshals Service officials meet with FBI Associate Deputy Director Douglas Gow and FBI Assistant Director Larry Potts to discuss the response to the shooting and the marshals predicament on Ruby Ridge.
In the late afternoon, Assistant Director Potts orders the FBI Hostage Rescue Team (“HRT”) deployed.
At 6:30 p.m., HRT Commander Richard Rogers and the advance team of HRT personnel depart for Idaho accompanied by Marshals Service Director of Operations Duke Smith. While en route, Rogers has a series of conversations with Assistant Director Potts and Deputy Assistant Director Coulson about proposed Rules of Engagement.
At 1:00 p.m., the Idaho State Police Critical Response Team (“CRI”) is informed of the incident and proceed to form a command post near the Rau house.
At 8:30 p.m., Idaho State Police CRT leaves the command post to rescue Deputy Marshals Roderick, Cooper, and Norris and the body of Marshal Degan.
At 9:30 p.m., FBI Special Agent in Charge Gene Glenn arrives at the command post at Ruby Ridge. Glenn assumes overall responsibility for the FBI operations at Ruby Ridge.In the afternoon, U.S. Marshal Michael Johnson notifies U.S. Attorney Ellsworth of the shooting at Ruby Ridge. Ellsworth sends Ron Howen to Ruby Ridge to act as the U.S. Attorney’s representative. Howen arrives at Ruby Ridge late in the evening.
Saturday, August 22, 1992
At 1:00 a.m., Idaho State Police CRT arrives back at the command post and brings with it the three deputy marshals and the body of Deputy Marshal Degan. Thereafter, the marshals are taken to the Boundary County Hospital for examination and then are taken back to their condominium at Schweitzer Mountain, arriving at approximately 3:00 a.m. Sometime in the afternoon, FBI agents interview the marshals involved in the August 21 incident. A criminal complaint is filed charging Weaver and Harris with murder of Deputy Marshal Degan in violation of 1: U.S.C. 111, 1111 and 1114.At 4:45 a.m., the HRT advance team arrives at (cut off…)
At 9:00, a.m., HRT Commander Rogers briefs HRT members at the National Guard Armory, Bonners Ferry, Idaho. The Rules of Engagement are still being drafted.
At 10:30 a.m., the HRT and SOG are assembling the operations plan.At 2:40 p.m., the operations plan, including Rules of Engagement, are sent to FBI Headquarters and the Marshals Service for review.
Between 2:30-3:30 p.m., the HRT sniper/observers briefed on approved Rules of Engagement and depart on foot to their observation posts on the mountain.
From 5:07 p.m. to 5:22 p.m., the HRT sniper/observer teams arrive at their positions on the ridge overlooking the Weaver cabin. At approximately 5:58 p.m., HRT sniper/observer Lon Horiuchi fires round which wounds Randy Weaver. Seconds later, Horiuchi fires a round which kills Vicki Weaver and wounds Kevin Harris.
At 6:30 p.m., an Armored Personnel Carrier (“APC”) arrives at the cabin area. FBI hostage negotiator delivers message over loud speaker that there are arrest warrants for Randy Weaver and Kevin Harris and asks Weaver to accept negotiations telephone.
At 8:00 p.m., HRT sniper/observer teams and SOG personnel are withdrawn from their mountain observation posts because of the cold weather. During the evening, FBI SWAT teams are deployed around the command post and control access to the road leading to the Weaver cabin.
Sunday, August 23, 1992
At 6:00 a.m., the HRT teams are sent back to their positions on the mountain and arrive there at about 7:30 a.m. HRT Commander Rogers takes two teams of HRT personnel to the Weaver cabin area, and makes repeate announcements over bull-horn for those inside to enter into negotiations. No response is heard.
At 8:01 p.m., APCs are used to remove outbuildings near the Weaver cabin. During the clearing of the birthing shed the body of Sammy Weaver is found in the shed.
Monday, August 24, 1992
Negotiators try to make contact with Randy Weaver using a loud speaker. They address Vicki Weaver for the first time. No response is heard from the cabin. Assessment sent to crisis site includes proposal to use third parties in negotiations.
August 24, 27-31 and September 1 1992
FBI conducts searches of the “Y” area.
Tuesday, August 25, 1992 Negotiators continue efforts for Weaver/ Harris group to surrender. These efforts include statements directed specifically at Vicki Weaver. No response is heard from the cabin.
Wednesday, August 26, 1992
At 10:53 a.m., The Rules of Engagement that were in effect since the arrival of the HRT on August 22 are revoked. At the direction of Glenn, the FBI’s Standard Deadly Force Policy replaces the Rules of Engagement to guide law enforcement personnel deployed on cabin perimeter concerning the use of deadly force…
At approximately 3:00 p.m. the first contact is made with Randy Weaver. Weaver says he wants to talk to his sister, Marnis Joy.
Thursday, August 27, 1992
Marnis Joy attempts to speak with Randy Weaver, but is unsuccessful.
Friday, August 28, 1992
Further attempts by Marnis Joy to speak with Weaver are unsuccessful.
At 5:15 p.m., Weaver states he will talk to Bo Gritz.
At 6:58 p.m., Bo Gritz enters the Weaver compound in APC. Gritz speaks with Weaver at the cabin. Weaver advises him that Vicki Weaver was killed and that the and Kevin Harris have been wounded.
Saturday, August 29, 1992
Gritz and Weaver family friend, Jackie Brown, speak with Weaver, his daughter and Kevin Harris at the cabin.
At 5:07 p.m., Jackie Brown enters Weaver cabin.
At 9:10 p.m., she advises of status of Weaver and Kevin Harris.
Sunday, August 30, 1992
In mid-morning, Harris decides to surrender after talking with Gritz and Jack McLamb, a retired police officer assisting Gritz in the negotiations.
At 6:27 p.m., Jackie Brown and Bo Gritz carry Vicki Weaver’s body from the cabin. After delivering the body, Jacie Brown returns to the cabin to clean the blood from the floor.
Monday, August 31, 1992
At 9:40 a.m., Gritz and McLamb return to the cabin to begin negotiations. Later, Randy Weaver and his children surrender.
In the late morning, FBI Special Agent Larry Wages discovers bullet intact at center of the “Y.” Because a photographer was unavailable to label and photograph the bullet, Wages removed it before participating in a search of the Weaver cabin. Later that day he returned the bullet and had it photographed at the spot where it was originally retrieved. This bullet later receives the designation L-1 and is referred to as the “pristine bullet” by the defense.
August 31, September 1 and September 10, 1992
Searches of the Weaver cabin, grounds and outbuildings are conducted under the supervision of the FBI.
September 3 and September 8, 1992
U.S. Attorney Ellsworth requests FBI Special Agent in Charge Glenn to present and produce a broad range of documents for use in discovery and at trail. September 10, 1992 A combined preliminary examination and detention hearing for Weaver begins before U.S. Magistrate Judge Williams.
September 11, 1992
U.S. Attorney Ellsworth argues motion to continue preliminary hearing of Harris from September 14 to September 15. He enters into stipulation with defense counsel Nevin and represents that Harris will have a preliminary hearing on September 15.
September 15, 1992
Preliminary Hearing of Harris begins before U.S. Magistrate Judge Boyle.
September 16, 1992
Grand Jury indicts Harris and Weaver for the assault and murder of Deputy Marshal Degan. Defense Counsel Nevin makes an oral motion to quash the indictment against Harris. Magistrate Judge Boyle took the matter under advisement and began the detention phase of the hearing. After hearing argument from the parties Judge Wiliams, who was presiding over the Weaver preliminary hearing decided to terminate that hearing and to proceed to the detention hearing phase.
September 17, 1992
Judge Boyle denies Harris’ motion to quash the indictment and begins the detention phase of the proceeding. Weaver pleads not guilty to aiding and abetting Deputy Marshal Degan’s murder.
September 18, 1992
Harris pleads innocent to murdering Deputy Marshal Degan.
September 23, 1992
Assistant U.S. Attorney Lindquist and Special Agent Rampton travel to Quantico, Virginia to meet with HRT Commander Rogers. Rogers resists providing the operations plan and signed statements of HRT members to Lindquist.
September 30, 1992
The investigative team from the FBI Inspection Division issues a Shooting Incident Report - which contained its findings from its administrative inquiry into the shootings by the HRT at Ruby Ridge.
October 1, 1992
The grand jury returns a superseding 10 count indictment against Weaver and Harris which added a conspiracy count, among others, to earlier charges.
October 16, 1992
The Government and the defendants enter into a discovery stipulation to provide the reciprocal disclosure of materials.
Late October, 1992
Deputy Marshals Robert Masaitis and John Stafford and BATF Agents Herbert Byerly and Jane Hefner are assigned to assist the USAO in preparing the case for trial.
October 30, 1992
Assistant U.S. Attorney Howen, Deputy Marshals Stafford, Mesaitis and Hunt and Sheriff Whittaker participate in an experiment at Ruby Ridge to determine if they could distinguish the types of weapons heard and whether echoes were heard. First team meeting is held in Post Falls, Idaho, with members from the USAO, FBI, USMS, and BATF in attendance.
November 9, 1992
The FBI Shooting Incident Review Group issues a 4-page report concluding that no administrative action necessary regarding the shootings by the HRT at Ruby Ridge.
November 16, 1992
Weaver and Harris file formal motions to dismiss the indictments against them alleging that their preliminary hearings had been improperly terminated.
November 19, 1992
The grand jury returns a Second Superseding Indictment against Weaver and Harris. The indictment charges violations of 18 U.S.C. 2, 3, 111, 115, 371, 922 (g) (2), 924 (c) (1), 1071, 1111, 1114, 3146 (a) (1) and 3147 and 26 U.S.C. 5861 (d) and (f). The case proceeds to trial on this indictment.
December 22, 1992
The diagram of the “Y” generated by the FBI Visual Information Specialists is discovered to be inaccurate.
January 6, 1993
Magistrate Judge Williams issues a Report Recommendation and Order denying Weaver’s motion to dismiss because of the alleged improper termination of the Weaver preliminary hearing.
January 6, 1993
Magistrate Judge Boyle issues Report, Order and Recommendation denying Harris’ motion to dismiss because of alleged improper termination of the Weaver preliminary hearing.
January 7, 1993
Meeting between officials from Department of Justice and the FBI Headquarters to discuss the discovery dispute in the Weaver matter.
January 8, 1993
A conference is held in the chambers of U.S. District Judge Lodge. The defense requests a trail continuance from February 2 1993 due to the volume of evidence and because the FBI Laboratory examinations were not completed and provided. Judge Lodge admonishes the prosecutors to have the FBI Laboratory complete the exams and provide the results to the defense quickly. Weaver and Harris file a joint Motion to Disqualify the U.S. Attorney’s Office, To Dismiss the Indictments, To Strike Prejudicial Allegations, To Order an Evidentiary Hearing and for a Continuance Pending an Investigation by the U.S. Attorney General and Pending Interlocutory Appeals by the Parties. FBI Headquarters sends Shooting Incident Report to the Boise Resident Agency with instructions that the USAO could review but not copy the report.
January 12, 1993
FBI Headquarter sends remaining documents involved in the discovery dispute with USAO to Boise Resident Agency with the instructions that the USAO may review, but not copy the documents.
January 20, 1993
Assistant U.S. Attorney Lindquist reviews at the Boise Resident Agency the documents at issue in the discovery dispute between the USAO and the FBI.
February 17, 1993 District
Judge Lodge issues order adopting ruling of the magistrate judges to reject Weaver and Harris’ motion to dismiss the indictments based on the alleged improper termination of the preliminary hearing.
March 22-23, 1993
Additional searches of the “Y” and the Weaver cabin and grounds are conducted.
March 23, 1993
Department of Justice officials hold second meeting with FBI officials in an attempt to resolve the discovery dispute between the USAO and the FBI.
April 7, 1993
Prosecution produces the Shooting Incident Report to the defense.
Early April 1993
Assistant U.S. Attorney Howen meets with Special Agent Wages to discuss his trial testimony. Wages informs Howen that the “Y” scenes photographs were taken after the bullets had been removed and replaced. Howen takes notes of this disclosure.
April 10, 1993
Prosecution produces the Situation Reports and the Operations Plan to defense.
April 12, 1993
Prosecution produces the Shooting Incident Review Group memo and the Marshal’s Critique to the defense.
April 13, 1993
The Harris/Weaver trial begins in federal court in Boise, Idaho before the Honorable Edward Lodge.
April 13, 1993
The defense files an ex parte application for subpoenas duces tecum. Included among the requested subpoenas is one to FBI Inspector Miller to bring any and all records used by the Shooting Incident Review Team; other subpoenas requested the FBI and the Marshals Service to produce copies of certain manual provisions and personnel files.
April 14, 1993
Judge Lodge approved the defense ex parte application for subpoenas duces tecum.
April 14 or 15, 1993
At FBI Headquarters, Brian Callihan of the Civil Litigation Unit is informed of the defense subpoena seeking the Shooting Incident Report and supporting materials.
April 20, 1993
Government informant Fadeley reveals on the cross examination that he was expecting a monetary award following his work in the Weaver case.
April 21, 1993
Defense moves to strike the testimony of Fadeley arguing that he was a contingent fee witness.
April 23, 1993
Defense files a motion to hold the government in contempt or to compel it to produce the personnel files and manual provisions subpoenaed on April 14. Later that day, the USAO files a motion for a protective order.
April 23-May 3, 1993
The court recessed the trial. On April 24, Howen interviews Captain David Neal and other members of the Idaho State Police CRT, who rescued the marshals late on August 21, 1992.
April 30, 1993
Callihan requests the Civil Discovery Review Unit of the FBI Legal Counsel Division to “locate and process for release” documents responsive to the defense subpoena for the Shooting Incident Report. This request is assigned to Monique Wilson.
May 11, 1993
Monique Wilson forwards to Brian Callihan the documents responsive to the defense subpoena for the shooting incident report.
May 12, 1993
USAO files Henthorn certificates for the personnel files of Horiuchi, Roderick, Cooper and Degan.
May 17, 1993
Judge Lodge denies the motion to strike the Fadeley testimony.
May 20, 1993
Special Agent Calley finds additional notes of the Cooper interview and the draft FD-302 in his desk.
May 21, 1993
Howen advises the court and defense counsel that, three weeks earlier, he had interviewed David Neal, the Idaho Police Captain who rescued the marshals on August 21st, and that during this interview Neal indicated that it was his impression from a statement made by Deputy Marshal Roderick that Roderick fired the first shot. The court calls a recess to give the defense the opportunity to interview Neal. Howen informs the court and the defense of the notes FBI Special Agent Calley found in his desk drawer. These notes related to the August 1992 interviews of Deputy Marshal Cooper and appeared to contradict Cooper’s trial testimony about critical events. Howen produces the notes to the defense. Brian Callihan prepares package containing documents responsive to the defense subpoena for the Shooting Incident Report and transmits it to the FBI mail room.
May 23-24, 1993
Sometime during this period, Special Agent Wages during his trial preparation reminded Howen about the circumstances surrounding the taking of the L series photographs.
May 25, 1993
Howen discloses to the court the circumstances surrounding the taking of the L series photographs and produces additional search photographs, some of which appear to be pictures of the L bullets before being removed.
June 4, 1993
HRT sniper Lon Horiuchi completes his testimony. Documents responsive to the April 13, 1993 defense subpoenas to the FBI and that were mailed by the FBI on May 21, 1993, are received at the U.S. Attorney’s Office. Judge Lodge calls action “totally inexcusable.”
June 9, 1993
Judge Lodge fines the government $3240 for failing to comply with the courts discovery order to produce materials in a timely manner and orders that Lon Horiuchi be returned for further questioning.
June 11, 1993
Judge Lodge dismisses two counts of the ten count indictment (Count Six charged violations of 18 U.S.C. 2 and 111, and Count Eight charged a violation of 18 U.S.C. 922 (g) (2)) in the indictment for lack of evidence.
June 16, 1993
Jury deliberation begin on the 42nd day of the trial.
July 8, 1993
The jury acquits Weaver and Harris for the murder of Deputy Marshal Degan. Harris is also acquitted of all other charges against him. Weaver is convicted on Count Three (Failure to Appear, 18 U.S.C. 3146 (A) (1)) and Count Nine (Committing an Offense While on Release. 18 U.S..C 3147 (1)) and found not guilty on all other counts. Weaver is incarcerated pending sentencing. August 19-20, 1993 The Boundary County Sheriff’s Office conducts a search of the vicinity around the Weaver cabin, including the “Y”.
October 18, 1993
Weaver is sentenced to 18 months incarceration, three years probation and receives $10,000 fine upon conviction for failure to appear and committing an offense while on release.
October 26, 1993
Judge Lodge issues an order imposing a $1920 fine against the FBI. This fine represented the attorney fees paid to defense counsel when Horiuchi had to be called back to testify because of the untimely production of certain Shooting Incident Report materials. Judge Lodge was critical of the FBI’s actions in producing discoverable materials.
December 18, 1993
Weaver is released from incarceration.
LEXIS COUNSEL CONNECT
LEXIS COUNSEL CONNECT is a communications and information service for attorneys. LCC is managed by American Lawyer Media, L.P.
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