SAN ANTONIO, Texas -- Almost a year after a cool winter morning when federal agents charged a religious commune near Waco, prosecutors Tuesday wrapped up their conspiracy case against 11 Branch Davidians.
For six weeks, jurors have listened to 124 witnesses - from hardened lawmen to grandmotherly former Davidians. They testified about a bloody February gunfight, the 51-day siege that followed, and the horrific fire that took the lives of cult leader David Koresh and 80 other men, women and children.
But it's still unclear how strong the case is.
Robert Dawson, a University of Texas law professor, says that judging from news accounts, "it sounds like they have solid cases against some, but I haven't heard any evidence at all against some of the others."
But defense lawyers, who start their case today, feel their case has already largely been proven, and most asked Judge Walter Smith to drop charges against their clients for lack of evidence.
Smith agreed only to drop a count of using a firearm during a crime of violence against Woodrow Kendrick. Kendrick - still facing the more serious charge of conspiracy - was one of three defendants not at the compound the day of the raid.
For weeks now, testimony has ranged from the mundane to the remarkable. Witnesses have spoken of briefcases stuffed of cash used to buy weapons; of children stabbed to death in the final fire; of the final agony of four agents who died in the 45-minute gunfight Feb. 28.
Agent Kenny King, for instance, described how he lay bleeding for two hours after he was shot near the compound, looking up when he heard "something like water running on the roof." There, on the roof above, lay slain agent Todd McKeehan of New Orleans, with blood spurting from his head.
Davidians have described being ordered to fetch Cokes for the men, who were tuckered out after battle. They spoke of how one woman diapered a baby as shots crashed through her window, while another struggled to get her young boy's shoes on. Others told of women sewing ammunition vests.
On Tuesday, jurors heard tapes made April 19 from a secret listening device placed inside the compound. They also heard Koresh's voice for the first time as he and his men - including chief lieutenant, Steve Schneider - discussed starting the fire and appeared to be shooting.
"You guys each aim one, and aim right across," one man says as rapid-fire pops resembling gunfire resound.
At one point a man says: "What are you going to do? Now we're committed." And over the roar of tank a few moments later, someone says in particularly clear tones: "I want a fire around the back."
Agents say they never fired a shot April 19.
The final quote on the tape, which ends minutes before fire is spotted from outside the compound, is chilling: "Let's keep that fire going."
The court battle boils down to several key points:
Who shot first. Prosecutors and most agents say the Davidians did, but the defense has insisted that agents began the battle. They've suggested they may have shot guard dogs, which Davidians mistook for an attack.
Where the fire started. Arson investigators, infrared films and the taped bugs seem to strongly indicate the Davidians started the blaze. But defense lawyers have said FBI tanks knocked over kerosene lamps.
The purpose of the guns. The Davidians spent more than $ 200,000 on weaponry in the last two years. Investigators found 48 illegal machine guns in the compound's ashes. But at least some defense lawyers have tried to show Davidians were merely trying to earn money reselling guns.
The conspiracy. Prosecutors say those charged had long planned for the battle with government forces that Koresh predicted. But the defense says they came merely to study the Bible, and if they fought it was only because of well-founded fears of attacking agents, or blind obedience to Koresh.
The eight-woman, four-man jury, although occasionally dozing through the testimony of 49 gun dealers, has appeared fascinated for the most part. But occasionally, such as when medical examiner Nizam Peerwani testified last week, at least some panelists clearly have blanched.
Peerwani described how 36 of those who died in the fire, including all the children, were found huddled under wet blankets in a cinder block bunker at the rear of the compound. Seventeen of the 81 who died were killed by gunshots, including five children and Koresh, who was shot in the center of the forehead. One baby boy, he said, was stabbed to death.
Michael Sharlot, another University of Texas law professor, says at least some of the evidence looks strong.
"The tapes they played of the conversations within the compound certainly seemed painful to the defense. But who knows nowadays with juries?" he asks. "They're in an unusually forgiving mood. To understand all is to forgive all, and juries are just too damn understanding."
