Did the Branch Davidian Survivors Enjoy the Benefits of Trial by Jury?

FIJA Newsletter:

As we reflect today on the anniversary of the deadly end of a 51-day siege in 1993 in Waco, Texas, I want to share with you some information you may not know about the ensuing prosecution against the Branch Davidian survivors.

By the end of the BATF and FBI assault on the Mount Carmel Center—the Branch Davidians' home and church—nearly 80 people, including dozens of children, had died without the benefits of trial by jury.

But did the few survivors who were prosecuted enjoy those benefits?

While they were subjected to trial by jury, it was plagued by inconsistency and bias. Whether or not they had access to fully informed jurors is not entirely clear, but it was not for lack of trying! FIJA activists were on scene, leafleting the local courthouses, displaying the FIJA banner and publicly addressing those outside the courthouse. When they couldn't get access to the master jury wheel, they went to great lengths to find addresses for vehicles parked in the vicinity of the courthouse and mail them educational literature. We do know that FIJA materials got into the hands of at least some of the jurors.

Even though they were largely kept in the dark by the judge, who was infuriated at the prospect of jurors consulting their consciences to do the right thing, these jurors acquitted all defendants of the most serious charges of murder and conspiracy to acquit murder. However, they did convict some defendants on some charges, including delivering some of the convictions mistakenly, according to jury foreman Sarah Bain. This unfortunately opened the door to abusive sentencing on the part of the judge, who unilaterally decided that there were "enhanced weapons" involved, thereby triggering mandatory minimum sentences FAR in excess of anything the jury thought fair. The appeals in their cases went all the way to the Supreme Court, who ruled 9-0 in defense of the jury's authority as fact-finder in the courtroom.

Learn more about FIJA's educational efforts in Waco, Texas, as well as the importance of the Branch Davidians' case in protecting the fact-finding role of the jury in all criminal trials:

Branch Davidian Trial and Jury History

I want to thank volunteer Lisa Lewis for her extensive contributions in researching and writing this article, which will become a permanent part of a project that we will have a sneak preview of soon exclusively for you, our email list subscribers!

For Liberty, Justice, and Peace in Our Lifetimes,

Kirsten C. Tynan

Fully Informed Jury Association

Fully Informed Jury Association | aji@fija.org | PO Box 5570 | Helena, MT 59604 United States