High court rejects cult’s bid to bar Texas judge

September 10, 1997

According to an Associated Press story by Laurie Asseo, Branch Davidian cult members lost a Supreme Court appeal aimed at removing a Texas federal judge from presiding over a lawsuit against the government.

The court did not comment when it rejected the cult members' argument that U.S. District Judge Walter S. Smith Jr. is biased against them. The Davidians "will not get a fair trial before Judge Smith because he will not view their evidence impartially," the appeal said, noting that the judge -- not a jury -- will serve as the fact-finder on some of the Davidians' claims.

The lawsuit was filed by more than 200 surviving Davidians and relatives of 79 who died when fire destroyed their compound near Waco, Texas. They are seeking hundreds of millions of dollars in damages from the government.

AP reported that the siege started Feb. 28, 1993, when a shoot-out erupted as federal agents tried to arrest cult leader David Koresh. Four federal agents and six Davidians were killed and 16 agents were wounded.

Fifty-one days later, Koresh and 78 followers died by fire or gunshots after the FBI started filling the compound with tear gas.

The Davidians' lawsuit challenges the government's conclusion that the Davidians themselves started the fire and that they shot first during the initial raid on their compound.

Last February, Smith denied the Davidians' request to remove himself from the case on grounds of bias. In criminal cases stemming from the siege, the judge has sentenced eight Davidians to prison for convictions that include weapons violations and voluntary manslaughter.

The 5th U.S. Circuit Court of Appeals refused to remove Smith from the case.

In the appeal acted on November 10, the Davidians' lawyers said Smith showed bias by saying in court that the Davidians were led by a false prophet, had ambushed and murdered federal agents and started the April 19 fire.