A newspaper claim that a single photo now proves federal forces did not shoot at the Waco Branch Davidians has come under heavy criticism by a documentary producer, as well as FBI, CIA and other officials.
The debate is over claims that government agents used machine guns on the Branch Davidians while their Mt. Carmel community burned to the ground on April 19, 1993. The FBI and Bureau of Alcohol, Tobacco, and Firearms have been heavily criticized for the use of deadly force in the assault, which led to the deaths of 17 children and 62 adults.
Michael McNulty is the investigator and producer of the newest documentary about the controversial incident, "Waco: A New Revelation." He claims the article published in the St. Louis Post-Dispatch is flawed in its conclusion that federal agents did not fire on the compound prior to and during the fire.
The article, titled "FBI photograph apparently undermines claims that government forces fired on Branch Davidians," is an effort to discredit his work, McNulty told WorldNetDaily by phone.
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The Post-Dispatch claims it obtained the photograph from an unnamed source, and did not mention McNulty or his documentary by name. McNulty also produced the controversial documentary, "Waco: The Rules of Engagement," which received significant attention nationally.
"The FBI surveillance photo appears to have been snapped on April 19, 1993, within seconds of the time when a flash appears on a separate infrared tape at 11:24 a.m. The Branch Davidians and their experts claim that flashes on the infrared film at that time are the muzzle blasts from the guns of government agents. The surveillance photo shows no one in the vicinity of the flash," said the Post-Dispatch article.
The photo shows a military tank as it was engaged in smashing into the Mt. Carmel building. Infrared videotapes were taken from the air. The videos are in black and white. The hotter an item, the whiter it appears in the video. Cold items appear dark. Gunfire shows up better on infrared than on normal photography.
"The tank made initial passes into the building and back, before the gunfire and after the gunfire. To say without absolute certification that the photo being displayed is at a given point in time within seconds is absurd," explained McNulty to WorldNetDaily.
McNulty said he has already seen many similar still photos taken with normal film from a different helicopter.
"You've got to see the whole sequence of photos to determine the time line. You can do that if you line it up against the clock running on the FLIR tape. When I've done that there are gaps of still photos relative to the time lines when the people were seen at the back of the tank firing. Let's see all of these before we go jumping to conclusions, as did the St. Louis Post-Dispatch," said McNulty.
He also pointed out that he understands the article carefully qualified the claims, "yet the whole article comes across as a statement of fact."
The new documentary by McNulty has an extensive explanation of the Forward-Looking Infrared, or FLIR, videos taken by the government at Waco. The experts in the video claim the FLIR footage clearly shows gunfire, contrary to the Post-Dispatch claim.
The video is narrated by former FBI special agent Dr. Frederic Whitehurst, known for his involvement in exposing the improper procedures at the FBI crime lab. The feature length documentary presents a lengthy pattern of what appears to be lies by federal officials to cover up what actually happened at Waco.
"After reviewing the results of a six-year investigation into the tragedy at Waco, Texas, I am convinced that the American people have never been told the full truth about that matter," said Whitehurst of the apparent official deception surrounding the episode.
The BATF and FBI raided the Branch Davidians on Feb. 28, 1993. Their attempt to execute a no-knock warrant resulted in the deaths of four agents and six Branch Davidians. Federal officials claim they were ambushed and did not fire first, although the Branch Davidians and noted experts disagree and claim that the federal agents fired the first shots.
Three Branch Davidians who were not present during the initial raid tried to return shortly after. Two were taken into custody, but one was shot and killed. Shockingly, the survivors and some bona fide experts claim there is credible evidence that the Davidians were murdered.
On April 19, 1993 government forces gassed the complex for hours and then attacked using tanks and automatic weapons. The entire Mt. Carmel facility erupted in flames and 79 people inside, 17 of whom were young children, died.
Evidence exists indicating federal forces were using automatic weapons fire to kill the Branch Davidians rather than let them escape the flames. The government has consistently responded to such claims by saying that no weapons were fired, but rather, that they were fired upon.
The FBI claims the Branch Davidians committed suicide. Indeed, the general public believes the version of events promoted by the government that the Branch Davidians were a strange cult with plans to die in a fire. Those who have studied their beliefs paint a different picture, however, stating in the documentary that they were actually an offshoot of the Seventh Day Adventists.
"The majority of people in there were not criminals in the sense of the word that we think about them. They were truly believing people. I believe 99 percent of those people, their sole purpose was the attainment of eternal life. Which was, after all, what I believe all of us at least that are Christians believe in," said Capt. David Byrnes, Texas Rangers, Ret.
James Cavanaugh, ATF raid team leader told congressional investigators that David Koresh knew officers were coming and that he "laid in ambush" behind the front door on Feb. 28, 1993.
Dr. Philip Arnold, director of Reunion Institute reported to the congressional investigators that Koresh recorded on tape that "he went out on his porch. He said, 'Stop. There's women and children in here.' A shot rang out and hit the door."
Clive Doyle, a Branch Davidian survivor told Congress, "I went running down the hall and found Perry Jones laying in the hall screaming that he'd been shot. Perry Jones was in his 60s. He was unarmed, as was David Koresh when they went to the front door. Both were shot in the area of the front door. David was shot in the wrist. Perry Jones was shot in the stomach."
David Hardy, Arizona attorney and investigator says the BATF had several video cameras recording what happened at the front door that day.
Koresh also claimed that he saw a videotape being made by agents across the road, Arnold said in his testimony.
"According to the agency, there were three or four video cameras pointed at the front door that could tell you everything that happened at the front door of that building that day. They claim they can't find a single one of them. Every one of those videotapes vanished," said Hardy in the documentary.
Branch Davidian Steve Schneider did a great deal of the negotiating with the FBI by phone. In one of the tapes of those negotiations he told the FBI that the BATF was telling lies at a televised news conference, and that no notice of intent was given when they initially came to the door.
"They never said anything. Not by a bullhorn, not by a knock at the door, not by any reason ... not by any reason. Even before they got; just about the time they got to the porch is when David opened the door and poked his head out," Schneider told the investigator, known only as Dick. He added that he could not believe this type of behavior by law enforcement was being tolerated in America.
Branch Davidian children Kimberly and Daniel Martin survived and were shown in the documentary. They described how the BATF agents from outside shot up their bedroom. Kathy Schroeder, another adult survivor, told how she hid children under a bed to protect them from the shooting. She also described how bullets came through the window and wall.
Pictures were shown of bullet holes in the wall and window in the documentary and in many pictures taken by the press that day. The press also showed pictures of the agents firing on the complex, but federal officials deny they fired through walls and windows.
"We're a law enforcement agency. We don't fire through walls indiscriminately at people," said a federal spokesman at a Waco news conference.
Schroeder said she was in fear that the BATF would come into her room and shoot her and the children even though she was unarmed. Other survivors interviewed in the documentary expressed the same fear when asked why they didn't come out of the building.
This was just the beginning of problems with evidence. "In addition to the missing video tapes, the ATF's on-scene logs also disappeared," Whitehurst explained.
Daniel Harnett, former BATF deputy director of enforcement told the congressional investigators when asked about missing evidence logs, "I'm sorry sir, you mentioned that notes were torn out of the surveillance log." He was asked how that could happen, but his only response was, "I don't know sir. I've never heard that before."
In addition to those killed, some were also wounded in the initial raid.
"I don't think the deaths on either side were justified. As well as those wounded. Judy Shneider was shot while nursing her baby -- through the chest," said Dr. James Tabor, professor of religious studies, Univ. of N. Carolina when he spoke before Congress.
When three men who were not present during the initial government raid tried to return to be with their families inside Mt. Carmel, more trouble took place.
Two men were taken into custody and agents killed Michael Dean Schroeder.
His body was left out in the open in a ravine for five days. The BATF claims Schroeder refused demands to surrender and raised a pistol. The autopsy report shows seven bullets hit him, according to Whitehurst.
Survivors reported that after Schroeder was shot, and after they were being led away and taken into custody, two additional shots were fired, which they believe were made because Schroeder was not dead yet. The autopsy report does show two bullet holes right next to each other in Schroeder's head.
In the days that followed, there were extensive telephone negotiations between the federal agents and the Branch Davidians. The people inside were not given any confidence they could surrender and be treated fairly, nor were they assured that they could avoid harm. Tapes of the negotiations reveal unwillingness on the part of the Branch Davidians to trust the federal agents. The response of the negotiators was to get tougher with the Branch Davidians.
"We got several phone calls in from the ATF that said if they saw any movement inside the building; hands in front of the windows; if people were standing in front of the windows; they felt it was a threatening situation and that they would shoot us," explained Rita Riddle, former Branch Davidian in the documentary.
Others told how they were afraid of the agents because of the way they first fired on them without provocation. They said they worried that if they came out they would be shot because the agents showed no concern that there were innocent children inside.
"They were assuring us that we would be cared for in a professional manner. Then you turn around and you've got people flipping you the finger over the top of the tanks. They're dropping their drawers and baring their butts. And these are the type of people that you're supposed to go out to," said Riddle.
Eventually a few adults and children were able to leave and were taken into custody.
The day of the conflagration, one local law enforcement officer expressed concern to the federal agents and was ignored.
"I said that I had heard that you guys had wrote on some of the windows there at Mt. Carmel 'We see you David, etc.' and I asked the agent, 'was this true?' And he said, 'yea, it's true.' And I said, 'Aren't you guys concerned about when this is over the news media might see this and think it a little antagonistic on your part?' He just looked at me and walked away," said David Keys of the Texas Highway Patrol, who was on duty on April 19, 1993 at Mt. Carmel.
Numerous microphones were planted inside Mt. Carmel, which enabled agents to listen to discussions between Branch Davidians and know their plans. Tapes of those conversations reveal talk of burning the facility if attacked by the agents.
Despite the existence of the tapes and other evidence that the agents knew of the danger that could take place if they attacked, officials deny they had any knowledge of the possibility of a fire.
Jeff Jamar, FBI special agent in charge at Waco told Congress that he would have done something very different if he had known of any possibility that the Branch Davidians may have plans to burn their facility.
"Numerous microphones were planted inside Mt. Carmel that recorded several conversations of the Davidians reacting to the tanks and the FBI hostage rescue team," explained Whitehurst in the documentary.
During the congressional hearings, there was no evidence or testimony given by any expert on FLIR images. The FLIR footage taken from Night Stalker helicopters clearly shows flashes of light in dozens of locations all around the Mt. Carmel facility.
Dr. Edward Allard, former supervising scientist in video and television imagery at the U.S. government's night vision directorate appears extensively in the documentary. He is a video and FLIR expert.
He examined the footage and concluded that the flashes are indeed gunfire. Some federal officials have criticized him, but no contrary evidence to refute his claims has been given.
"It's impossible for these shots that you're seeing with your own eyes to be solar reflections, because if it were so the helicopter would have to be violently moving back and forth like a mirror in your hands. This is impossible. So in our opinion it's clearly machine gun fire from the helicopter," stated Allard as he described FLIR videos taken of a helicopter.
The helicopter appeared before the fire began in the Branch Davidian complex. Anyone killed by that gunfire would have died before the fire began and would not have evidence of death from the fire.
"According to the autopsy report, Philip Henry was shot several times in the chest, shoulder, and head. Jimmy Riddle was shot once in the forehead. Neither of them had soot accumulation in their trachea or bronchial tubes, or carbon monoxide in their blood. Indicating they died before the fire started," said Whitehurst.
Extensive government FLIR video footage is shown in the documentary. Allard provides the commentary to give his expert knowledge to help viewers understand the images on the tape. He identified tanks and people coming out of those tanks. He also identified flashes of white light at those locations resulting from machine gun fire.
"We've measured the actual time of the individual flashes. They occur at a fraction of a second. In some cases, at a 30th of a second. There is absolutely nothing in nature that can cause thermal flashes to occur in a 30th of a second," Allard explained.
The Department of Justice disputed those claims, but no contrary evidence was given.
"Somebody related, or they prepared a film or analyzed a film. Representatives of the department and representatives of the FBI went over it in detail and concluded that there was no basis for suggesting that shots had been fired," Attorney General Janet Reno stated at a news conference Aug. 26, 1999. Her response was based on advance information about the contents of the new documentary.
But Reno's denial is nothing more than a continuation of the cover-up that has gone on from the very first day of the Waco event, according to McNulty.
"As the tank crushes the roof of the gymnasium, gun fire can be seen streaming into the dining room from the courtyard," said Whitehurst in his narration.
The flashes of light described as gunfire by Allard and others can be seen all around the complex. There are so many flashes of light that it is impossible to blame them on anything other than rapid machine gun fire -- as many as six rounds per second -- according to Allard.
"I stopped counting after about 62 individual shots," said Allard of the scene as he tried to identify the number of shooters he could detect.
FBI Director Louis Freeh said on NBCs Meet the Press May 4, 1997, "No shots were fired by any federal agents outside the compound."
"Allegations raised about gun fire seem to be based on inferences from infra-ray flash patterns and heat patterns. I think the overwhelming evidence clearly shows no shots were fired," he added.
"It's indicative of sunlight reflecting off something and registering on the FLIR. It could be a thermal pattern. If it were a thermal pattern there is nothing that persists from that, so therefore it is more likely to have been reflected light off of something shiny in which the sunlight now gives an apparent temperature rise," Dr. James Quintieri, a Department of Justice fire expert told the congressional hearing.
However, his explanation is physically impossible, according to Allard.
"From the basic physics, it's safe to say that it's impossible for the Waco FLIR to detect any solar reflections of any kind," said Allard in disputing Quintieri's analysis.
March Bell, director of the congressional Waco investigation, lamented that all through that investigation there was no FLIR expert who could provide answers to members of Congress.
"On our wish list as investigators was taking a harder look at the FLIR. The congressional staff was never able to find or take advantage of a genuine FLIR expert to watch the FLIR video with us and to understand exactly what we were seeing," said Bell.
McNulty provided copies of U.S. military FLIR videos of known gunfire for comparison to the Waco FLIR. The images of flashing light appear to be identical.
"You know, when you think of the fact that they are shooting automatic weapons fire into a building with children in it -- there's something wrong," said Whitehurst as he commented about the FLIR video.
Former Associate Attorney General Webster Hubbell, who is now a convicted felon, called a meeting to discuss strategies for Waco on April 14, 1993. Government documents revealed by McNulty in his new documentary show that Special Forces Brig. Gen. Peter J. Shoomaker and Col. Gerald Boykin of Delta Force were brought in to the planning session. The purpose of the meeting was to convince Janet Reno to authorize a final assault at Waco.
Popularly known as Delta Force, the Combat Applications Group was established by presidential order and is actually a separate branch of the military, making it exempt from the posse comitatis laws.
The Army told Congress that the posse comitatis law was not broken, a law that prohibits the military from being used as a police force domestically. Since CAG is technically not a part of the military as described in the posse comitatis law, that claim by the Army is true.
In March 1993, there was a secret meeting at CIA headquarters dealing with CAG participation in the WACO operation, according to Gene Cullen, senior case officer, Special Operations Group of the CIA. Cullen was present at the meeting and was interviewed in the Waco documentary.
McNulty obtained previously classified documents, which are shown in the documentary. Those documents clearly indicate that CAG was authorized by the Joint Chiefs of Staff to assist in the Waco operation.
Cullen said he was first told that only a few of the CAG soldiers would be present at Waco, but then was later told at least 10 were present "to participate in any tactical operations against the Branch Davidians."
Cullen told McNulty that he met and spoke with CAG/Delta Force soldiers about a year after Waco, when they admitted to him that they had been actively involved in a gun battle with the Branch Davidians.
"There's no doubt in my mind that the flashes on FLIR tape was from a semi-automatic or automatic weapons fire being returned into the building. It's inconsistent to even think otherwise. There were people there on the ground with automatic weapons. Flashes such as that only come from one thing, and it comes from rifle barrels that are firing back into the building," explained Cullen.
The use of military force against U.S. civilians, even if it is legal through a technicality in the law, is wrong and should not be permitted, say many critics.
"To me that would be an offensive gesture. When you enter someone's home, that's pretty offensive. I would personally have a problem with that. I think that it violates everything that I've been taught, that you don't use the military against civilian personnel in this country," said Byrnes.
McNulty told WorldNetDaily that the one or two photos used in the Post-Dispatch article do not provide any proof one way or the other.
"First of all, there's no way to determine what the time is in the photo with any specificity. Secondly, there is no way to tell what it is we're looking at, unless we see the photographs that preceded it and followed it in sequence on the roll of film," said McNulty.
"To sit and look at one photograph, they would call me crazy or a conspiracy theorist. And yet the St. Louis Post-Dispatch bought it?" McNulty commented.
He claims that photographs used in the 1994 trial of the Branch Davidian survivors show people on the ground at the locations where gunfire can be seen in the FLIR images used in his documentary. Even though the Post-Dispatch photograph does not show people in the location where flashes appear in the FLIR, that does not mean the FLIR analysis is wrong. The pictures may have been taken at different times, or have other explanations.
He accused the St. Louis Post Dispatch of a continual flow of stories on Waco that depict only the views put forth by the "spin doctors" from the FBI.
"It leaves out pertinent information. It presents information as received by them from the FBI as end-all, be-all. Basically they come across as toadies of the FBI," stated McNulty.