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03/18/93
Up to 30 in cult want to leave, FBI agent says; They seek agency's assurances
By Todd Copilevitz / The Dallas Morning News
WACO-As many as 30 members at a besieged religious compound have signaled an interest in leaving, awaiting answers about their treatment if they surrender, federal authorities said Wednesday.
The FBI also said it has delivered taped messages from relatives of cult followers, but they may not have been relayed to all of those barricaded inside. Speakers around the compound may be used to broadcast messages, FBI Agent Bob Ricks said.
"Information is closely held in compound by only the most trusted people inside,' Agent Ricks said, citing interviews with a handful of Branch Davidians who have left since the armed standoff began Feb. 28. "We do have a concern that what we are sending in there is not being received by everyone in the compound.'
He said agents may use the speakers if they get a message encouraging surrender from other cult members who have left the compound previously, such as Kathryn Schroeder or Oliver Gyarfas. On Wednesday, Mr. Gyarfas, a 19-year-old Australian, was ordered held without bail as a material witness.
"We want to make sure that everyone in there knows that we are still knocking on the door, asking them to come out,' Agent Ricks said. "And we will give them assurances that they will be treated fairly and humanely.'
Those wanting to come out were waiting for answers to questions about how they would be processed, what charges they could face and where they will be kept, he said.
Negotiators hoped to obtain a list of legal questions in a face-to-face meeting with cult leaders Tuesday afternoon, but they were disappointed when Steve Schneider, cult leader David Koresh's top lieutenant, said he was too tired. FBI agents said they hoped to schedule the meeting later Wednesday.
With or without the meeting, FBI agents consider the questions a sign of progress, Agent Ricks said.
"We're encouraged that they are now focusing on specific legal questions,' he said. In some cases, the FBI is trying to explain the American justice system to foreign members of the cult.
Agent Ricks said authorities are concerned that not all of the 105 cult members-including 17 children-remaining inside are being given the information available.
For instance, agents have offered medical treatment to wounded cult members if they venture to the edge of the compound. Those not requiring hospitalization would be allowed to return to the compound, said Agent Ricks. As of Wednesday morning, no one had accepted the offer.
Meanwhile, a Fort Worth lawyer hired to represent a woman inside the cult, Rachel Jones Koresh, said he had sent a letter to Attorney General Janet Reno, FBI Director William Sessions and others seeking telephone access to his client.
The attorney, Jeff Kearney, said he fears that cult members are unaware of their legal opportunities and don't trust the FBI agents to tell them.
"The standoff continues and progress is lacking. Why not try something different?' he said in his letter sent to The Dallas Morning News and other media outlets.
Asked why attorneys retained by family members were not being allowed to deliver messages, Agent Ricks said cult members are not entitled to legal counsel because they "are not in custody.'
"Some people have made statements to the effect that they are in custody, but I have never, in my history of the FBI, perceived a person to be in custody when he has an AK-47 pointed at my head.'
Those wanting to come out may be carefully watching court proceedings against Ms. Schroeder and Mr. Gyarfas. Authorities believe 87 adults remain with Mr. Koresh.
Mr. Koresh was still awaiting word from God to end the ordeal and showed no signs of changing his plans, Agent Ricks said.
The agent also said that Mr. Koresh's wounds-suffered in the gun battle with Bureau of Alcohol, Tobacco and Firearms agents-were not worsening.
Mr. Koresh "has his moments when he expresses great pain,' Agent Ricks said. "But once he gets into a discussion with us, he seems to regain his strength.'
The cult leader has not talked to negotiators since Monday, Agent Ricks said, and Mr. Schneider continues to handle discussions with federal agents.
Mr. Koresh, through Mr. Schneider, is still demanding access to the media. The FBI is willing to incorporate that into an agreement to end the standoff, but it will not allow the cult access to reporters until then, Agent Ricks said.
"We are very open to how this matter will be ended,' he said. "We may be amenable to a similar situation as before (when a taped message from Mr. Koresh was broadcast on a Dallas radio station). But we will no longer allow him direct access to the media until we are sure he has come out.'
On March 2, radio stations aired an hourlong message from Mr.
Koresh in exchange for his surrender. Hours later he reneged, saying God told him to wait for further instructions. Since then, FBI agents have refused to let anyone inside the compound talk to reporters.
ATF associate director Dan Hartnett said at the briefing that one of the agents went to the front door of the compound during the raid, announced himself. A person at the door slammed it shut and firing began from 40 to 50 positions in the compound buildings.
Once the standoff ends, the ATF will take control of the compound to continue its investigation of the cult's arsenal, said ATF associate director Dan Hartnett.
The bureau will bring in fresh agents Sunday, replacing nearly 100 who have been here since the standoff began. When they arrive, the agents will have apartments in Waco because their investigation could take more than a month, he said.
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