Washington, DC, July 20, 1995 -- "Rather than teaching new lessons, the events at Waco
serve to reaffirm the lessons the framers of the Constitution knew very well. They knew then
what we must not forget -- that there will always be people in law enforcement who are
ambitious, who enjoy power and who will be willing to distort the truth to achieve their
objectives or to hide from blame," criminal defense lawyer Tim Evans, of Houston, Texas, will
tell the House subcommittees examining the 1993 events at the Branch Davidian compound
near Waco when he testifies on behalf of the National Association of Criminal Defense
Lawyers (NACDL) on Friday, July 21.
Evans defended (pro bono) British national Norman Allison, who had resided at the
Davidians' compound for only a few months, against the government's allegations that he
conspired to murder federal agents at Waco. Allison was the only Davidian defendant
acquitted on all counts. Evans is also a board member of NACDL.
"The government actions at Waco are a case study in these human frailties," Evans will
tell the congressional panel. "The Bill of Rights is our best protection against these frailties.
The actions of law enforcement before, during and after the tragedy at Waco cannot logically
be assumed to be an isolated aberration. The disease of fraud, deceit and arrogance displayed
by so many throughout this affair could not have afflicted them overnight. It grows in the petri
dish of permissiveness and is fed in the frenzy of the "War on Crime." It is not limited to any
one branch of law enforcement; it infects the ranks of honest and dedicated officers throughout
the land."
"Congress, and all legislatures, should realize that there is a huge and powerful lobby
constantly asking for more power, more money and fewer restrictions. It is the lobby of law
enforcement. It ranges from the constant pressure of the Department of Justice to the demands
of myriad local police organizations."
"The events of Waco call not merely for a re-examination of law enforcement but for a
fundamental realization that they are not always right and they do not always tell the truth.
Congress should therefore re-examine its propensity to grant carte blanche requests from the
Department of Justice for more power, fewer restrictions, and broader criminal laws," Evans
will urge.
From his first-hand knowledge of the events at Waco, Evans will testify about:
- law enforcement agents' application for the warrant to search the Branch Davidian compound;
- justification for ATF's "dynamic entry;"
- "phantom" methamphetamine lab;
- element of surprise;
- false affidavit that his client fired at agents;
- claim that the fire was unexpected;
- raid mentality;
- fired the first shot;
- intentional absence of written reports by agents at the scene; and
- militarization of law enforcement in America.
"We must return to a healthy and meaningful system of checks and balances in the
enforcement of our criminal laws," Evans will emphasize. "It should never be 'easy' to
convict another citizen. When it becomes easy to convict 'them,' it will become easy to
convict 'us.'"
"It is checks and balances that keep us free; not studies, commissions, training or
counseling. We must stop equating individual protections with 'criminals' rights.' We must
avoid the reckless rhetoric that equates the Bill of Rights with 'legal technicalities.'
Specifically, we must return to the protections of the Fourth Amendment. A healthy
exclusionary rule protects the innocent and the free, not the 'criminal.' Can one imagine what
the agents, who would twist the truth to obtain a search warrant, would do if they no longer
even needed a warrant to arrest and search and seize?"
To obtain a copy of Tim Evans' complete testimony or to schedule an interview, please
contact NACDL.
National Association of Criminal Defense Lawyers (NACDL)