Jurors Begin Deliberations in Cult Trial

Jurors began deliberations Wednesday in the murder-and-conspiracy trial of 11 Branch Davidians charged in the deaths of four federal agents during a botched raid on the cult’s compound a year ago.

Asserting that the cult members not only had a right but a duty to defend themselves against excessive government force, defense attorney Dan Cogdell said in his closing arguments that “the government has taken the position that as long as a person has a badge and gun, it doesn’t matter. They can hit your house with 75 agents, they can gas it . . . in the name of the law.

“The whole world is going to be looking at the verdict in this case to determine the standard of care of law enforcement in this country,” Cogdell said.

The agents died when the Bureau of Alcohol, Tobacco and Firearms tried to serve a search warrant for illegal weapons and an arrest warrant for cult leader David Koresh at his Mt. Carmel complex near Waco, Tex., last February.

The 51-day siege that followed ended in the fiery deaths of more than 80 sect members after federal agents assaulted the compound.

Federal prosecutors disputed claims that the ATF used excessive force, saying it was ludicrous to put the government on trial when the 11 cult members had the opportunity to walk away from the complex at any time.

“They (federal agents) didn’t use enough force. They went up against an armed camp--not a home, not a church, but an armed camp,” prosecutor John Phinizy said.

“Why didn’t (the defendants) walk out? If you want to save yourself, you walk out the door. They stayed. And is it self-defense? No. Are they trying to kill somebody? You bet,” Phinizy said.

The government’s case is based on an alleged conspiracy by the Branch Davidians to kill federal agents. But defense attorneys asserted that many of the cult members lacked knowledge of Koresh’s plans, and therefore lacked the necessary intent to conspire to kill.

The jury deliberated about two hours Wednesday before recessing for the day. Deliberations were to resume today.