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From: betz@gozer.idbsu.edu (Andrew Betz)
Subject: Randy Weaver trial update: Day 5.
Message-ID: <1993Apr20.174450.16656@guinness.idbsu.edu>
Sender: usenet@guinness.idbsu.edu (Usenet News mail)
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Organization: SigSauer Fan Club 
Date: Tue, 20 Apr 1993 17:44:50 GMT
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Note: These trial updates are summarized from reports in the
_Idaho Statesman_ and the local NBC affiliate television
station, KTVB Channel 7.

Randy Weaver/Kevin Harris trial update: Day 5.

Monday, April 19, 1993 was the fifth day of the trial.

Synopsis: Government informant Kenneth Fadeley testified that
Randy Weaver sold him two shotguns in violation of the National
Firearms Act of 1934.  U.S. District Court Judge Edward Lodge
asks jurors not to hear accounts of the Waco fire because
of possible influences on the Weaver/Harris case.

The testimony of FBI Special Agent Greg Rampton apparently
ended without further incident, as it was mentioned neither
by KTVB nor the _Idaho Statesman_.

The day was highlighted by the testimony of Kenneth Fadeley,
who had been posing as an outlaw biker and illegal guns person
named Gus Magiosono.  Fadeley testified that he was acting as
an informant for the Bureau of Alcohol, Tobacco, and Firearms
in his dealings with Randy Weaver.

Fadeley began by stating that he had met Weaver in 1987 at an
Aryan Nations summer conference in Hayden Lake, Idaho.  The two
then met again October 11, 1989 (note the huge separation in
time) at a restaurant in Sandpoint, Idaho, to begin a weapons
transaction.  He stated that Weaver had said, "He felt like he
(Weaver) was being prepared to do something dangerous for the
White cause."

The two later met October 24, 1989 behind the restaurant and
later went to a city park to make the sale.  During this second
meeting, Fadeley was wearing a small recording device to
tape the conversation.  Weaver allegedly showed him an H&R 12-
gauge shotgun with a 13-inch barrel and an overall length of
19.25 inches.  He additionally showed a Remington 12-gauge
shotgun with a 12.75-inch barrel and an overall length of
24.5 inches (NFA requires minimums of 18 inches for barrel
length and an overall length of 26 inches).  On tape, Weaver
is reported to have said that he could perform better work once
his machine shop is set up.  The two then discuss the possibility
of future sales.  Fadeley then counts out three hundred dollars
for the two guns and promises the balance of one-hundred fifty
dollars when they next meet.  (Note that the ATF could have
simply arrested him here.  Why did they wait until January 1991 -
over a year later - to arrest him?  This is not explained).

The next meeting took place on Nov 30, 1989.  Fadeley stated that
his "source" had only come up with one hundred dollars instead
of the one-hundred fifty he'd promised.  At this point, Weaver
suspected he was dealing with an informant, "I had a guy in
Spokane tell me you were bad."  Fadeley managed to convince
Weaver otherwise.

The _Idaho Statesman_ states explicitly that three tapes were
made of conversations with Randy Weaver.  Thus, each of these
meetings must have been recorded.  However, the _Statesman_ also
reported that a tape of a telephone conversation involving Vicki
Weaver (Randy Weaver's wife) was played to the court.  There must
have also been phone taps.

These tapes were played to the court via both headphones and
loudspeakers under the objections of Gerry Spence, Weaver's
attorney.  Spence said to a KTVB reporter that he wanted to
make sure that the government proved its case, "...if it has a
case at all..." according to the rules.

Randy Weaver tore off his headphones and wept when he heard his
wife's voice on the tape.

U.S. District Court Judge Edward Lodge asked jurors not to hear
accounts of the Waco fire because of possible influences on the
Weaver/Harris case.  Exactly how such information could affect
this trial is not explained.

Other notes: Sunday evening there was a report on KTVB concerning
Kevin Harris.  Unnamed agents within the FBI admit that they are
surprised that Kevin Harris is still alive.  First, they were
surprised that he survived the initial gunshot wound(s) sustained
in the initial firefight at the Y-junction.  Later, when Randy
Weaver was struck by sniper fire the sniper had reported that
Harris had been struck (not Weaver).  Finally, there was a report
that the FBI agent who killed Vicki Weaver believed he was aiming
at Kevin Harris instead.  (This is what was reported).  Critics
are charging that the FBI was blatantly trying to eliminate the
only non-government witness to the deaths of Samuel Weaver and
Deputy Marshal William Degan.  Some local people believe that
Harris's survival is simply due to divine intervention.

Tuesday, April 20, 1993 will be the sixth day of the trial. 
Kenneth Fadeley's testimony is scheduled to continue. 

