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03/19/93
Bail set for sect member, but appeal delays release
By Victoria Loe / The Dallas Morning News
WACO-Kathryn Schroeder was a free woman Thursday-in principle, but not in fact.
U.S. Magistrate Dennis Green ordered Mrs. Schroeder released from custody on $10,000 bail and other unspecified conditions. But he stayed his order pending a hearing Wednesday on the government's appeal of his ruling.
"It was a tie,' Mrs. Schroeder's court-appointed defense attorney, Scott Peterson, said after the hearing.
He said the ruling would send a mixed message to people barricaded at the Branch Davidian compound, some of whom reportedly have told negotiators that their willingness to surrender hinges on assurances that they will be treated fairly by the legal system.
Mrs. Schroeder, a 30-year-old mother of four, voluntarily left the compound Friday, saying she wanted to be reunited with her children, who had previously been released by sect leader David Koresh. She has been detained in the McLennan County Jail as a material witness to the Feb. 28 shootout that left four federal agents dead.
Government prosecutors argued at a hearing Tuesday that she should remain in custody because she was likely to flee if released. They also contended that she might pose a danger to witnesses against cult members involved in the firefight with agents of the federal Bureau of Alcohol, Tobacco and Firearms.
Mr. Peterson argued that she posed no risk of flight and no danger to others.
Prosectors had requested Thursday's hearing in order to present further evidence. Much of that evidence was based on interviews with two unnamed witnesses, both of whom were described as having inside knowledge of life at the compound.
One witness was said to have left the compound since the siege began, apparently narrowing the field to the three adult cult members other than Mrs. Schroeder who have surrendered since Feb. 28.
Based on their statements to authorities and transcripts of negotiations, Assistant U.S. Attorney Bill Johnston portrayed Mrs. Schroeder as a gun-toting ringleader of the Branch Davidians, nicknamed Sarge in deference to her leadership position. ATF Agent Wayne Appelt testified that negotiators' notes described her making "argumentative' demands, such as that Bradley armored vehicles used by federal negotiators be pulled back from the compound.
Mr. Johnston said that Mrs. Schroeder had asked authorities whether she would be free to leave the state if released from custody.
Mr. Peterson portrayed his client as a citizen with a spotless criminal record, a former Air Force sergeant and fiercely protective mother whose chief demand of authorities was milk for the children in the compound.
He implied that her only reason for leaving the state would be to be near her children and other family members. Further, he said she was not only willing but eager to have her day in court.
"She wants to come forward and tell what she saw out there,' Mr.
Peterson said. "She makes a promise right now that she would show up (for trial).'
Mrs. Schroeder, dressed in an orange jail uniform and with both feet and one wrist chained, sat quietly through the hearing, her chair turned slightly away from the proceedings. She showed no discernable reaction to the magistrate's ruling.
She has not been charged with a crime. Agent Appel testified that one ATF agent heard shots Feb. 28 from the room where he believed Mrs. Schroeder was staying. However, Mr. Johnston said the testimony was presented only to demonstrate that Mrs. Schroeder is a material witness and not to imply that she personally fired the shots.
He said it is too early to speculate about any criminal charges that might be filed against her, but authorities have said charges are possible against all adult members who were present at the shootout.
Mrs. Schroeder's second husband, William Schroeder, was killed Feb.
28. Her first husband came to Waco after the siege began and won custody of her three oldest children. The fourth child, whom she saw for two hours the day she was released, has gone to live with relatives out of state.
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