Branch Davidian Suit Will Continue

.c The Associated Press
July 2, 1999

WACO, Texas (AP) - A federal judge has cleared the way for a lawsuit that
blames the government for the fiery end of the 1993 Branch Davidian
standoff.

U.S. District Judge Walter S. Smith Jr. pared the number of defendants and
plaintiffs, but ruled Thursday that the case can reach trial, said Mike
Caddell, lead attorney for the Davidians.

"I think what the judge did is a great victory for the Davidians and for the
country,'' Caddell said. "Our folks can't be happier and look forward to
having their day in court.''

The lawsuit - filed by surviving Davidians and the relatives of the dead -
challenges the government's conclusion that the Davidians started the fire
and that they also shot first during the federal raid on their compound.

The defendants include Attorney General Janet Reno and top officials of the
Bureau of Alcohol, Tobacco and Firearms and the FBI, including then-Director
William Sessions.

"We're still reviewing the decision at this point,'' said Myron Marlin, a
Department of Justice spokesman.

The multimillion-dollar lawsuit has been on hold since early May while an
appeals court considered whether Smith should be removed from the case. The
plaintiffs wanted another judge because Smith has ruled in criminal cases
involving Branch Davidians.

The Davidians contend that when federal agents punched through the walls and
fired tear gas into the cult compound on April 19, 1993, the canisters
ignited, burning the building and the people inside.

Congressional hearings have pointed to mistakes by the law enforcement
officers, but none has been charged with a crime.