Waco Standoff Continues Amid Legal Wrangling

A day that began with hope that more members of a religious cult would leave their besieged rural compound ended in legal wrangling as the standoff with federal agents ground on through its 12th day Thursday.

At midmorning, federal agents said they were hopeful that three Australian men would be leaving the compound and perhaps set in motion another round of cult members leaving the barricaded structures. But as darkness settled in, there was no sign that any new departures were in the works.

Meanwhile, a federal judge Thursday denied a request for a temporary restraining order by a consortium of lawyers who believe that the cult members are being unfairly treated. The lawyers were irritated when the government response to their request was sealed by U.S. District Judge Walter Smith, presumably at the behest of federal officials.

“No one has ever heard of this,” said Dave Holloway, a spokesman for the lawyers. “Hell, they’ve already thrown out the Constitution, why not do this.”

Holloway said the denial would be appealed to the U.S. 5th Circuit Court of Appeals in New Orleans.

The unwillingness of the government to release any documents has become a trademark of the Waco standoff. Dan Conroy, the Bureau of Alcohol, Tobacco and Firearms spokesman, has refused to release details of the warrant issued for the Feb. 28 raid, in which four ATF agents were killed and 16 were injured. At least three cult members were killed and four were injured.

On Thursday, Conroy announced an indictment against cult member Paul Fatta, who was at a gun show when the raid occurred, charging him with conspiracy to manufacture and possess a machine gun. Again, the indictment was sealed, with Conroy saying it contained details pertinent to the investigation.

“They will not be unsealed until the appropriate time,” Conroy said.

In another legal action, Dick DeGuerin, a lawyer acting on behalf of cult leader David Koresh, filed an application in an attempt to force federal officials to allow him inside the compound.

“He needs some advice from people who aren’t pointing a gun at him,” DeGuerin said. “My job is to talk to my client.”

DeGuerin and Koresh’s mother, Bonnie Haldeman, attempted to gain access to the area around the compound Thursday, but were turned back by federal agents.

In other events, Dick Swensen, an FBI spokesman, said Koresh continued to say that he had a headache. Swensen said Koresh has not talked to them on the telephone since 5 p.m. Tuesday. The federal agents also released the names of all people within the compound who had been identified by name and nationality. They included 19 Americans, 14 from Great Britain, five Australians, one Israeli, one Filipino, one New Zealander and six of unknown nationality.