f) Excerpt From Negotiation Tapes, April 14-15, 1993
"FBI: . . . What about sex with twelve year olds? I keep getting back to that because you know and I know that's right, Steve [Schneider].
Schneider: It isn't right and it's not happening.
FBI: Well, was it with a fourteen year old?
Schneider: Fourteen year old? Wha what can I say, it's true.
FBI: Yeah, okay, and --
Schneider: What can I say?
FBI: A fourteen year old is not a consenting adult, you know that.
Schneider: The person was, the person was.
FBI: Don't give me that. They're not an adult yet.
Schneider: I wasn't even here. This was with Rachel Jones.
FBI: It's rape. It's child rape. You know it and I know
Schneider: The parents consented before it even happened.
FBI: Oh, the parents can consent for a child, right?
Schneider: This is what I've heard, anyway. This is what I've been told.
g) Opinion of Forensic Psychiatrist Dr. Park Dietz
[Dr. Dietz's role is discussed in detail above. On April 17, 1993 he provided a memorandum to the FBI, which is excerpted below.]
"I do not believe negotiating in good faith will resolve the situation as it now stands. If everything continues as it has been going, I expect the following:
. . . .
-- Koresh may continue to make sexual use of any female children who remain inside.
-- The possibility of the children who remain inside ever leading a normal life will become increasingly remote."
[Material redacted as required by statute.]
2. Physical Abuse
a) From March 26, 1993 Report of Dr. Bruce Perry
As discussed above, Dr. Perry learned from the children who had come out of the compound that the children had been subjected to harsh discipline from a very young age. According to his report of March 26, 1993:
. . . [T]hese children had a number of strict behavioral and verbal prohibitions. Violations of these resulted in punishment, sometimes severe. These children, for example, expected to be hit when they spilled. The style of discipline often involved being beaten with what these children labeled 'the Helper.' The Helper sounds like it is a wooden paddle, some children have reported it is broken off from an oar, other children have labeled it as a rice stirrer. In any case it is some variation of a wooden spoon. other forms of discipline included restrictions of food, sometimes for a day. . . . These children have been disciplined physically, apparently from a very young age."
b) From the 1990 Affidavit of Ian Manning
"I have seen Vernon vigorously punish his son Cyrus approximate(ly] 5 years of age using a wooden paddle on his ,bottom, hitting him repeatedly. "I have seen Vernon encourage the mothers of babies to beat their children from eight months and on using a wooden paddle applied repeatedly to the babies' buttocks."
c) From the 1990 Affidavit of Allison Manning
"Vernon teaches a very hard method of disciplining children which begins at eight months (in some cases much earlier) entailing that you only inform the child once that you disapprove of their behavior, and if this bad behavior reoccurs then they are to be spanked with a wooden spoon or paddle. This often occurs more than once, i.e., if the child does not stop crying after being initially spanked, they are then spanked again. [T]his is done with considerable force, e.g., once a child was being spanked in front of me, and the force of bringing the paddle down on the child's bottom was enough to feel the breeze blow on my face. The child being spanked was approximately eighteen months old. Often the childrens' bottoms or thighs were bruised severely and these disciplinary methods are not abated -- they continue with full force. These methods are instigated by Vernon Howell and they are in turn carried out by more zealous followers after they have been convinced that this is the only way it should be done."
d) From 1990 Affidavit of Former Davidian Michelle Tom
"On one occasion Vernon spanked my daughter for forty minutes because she did not sit on his lap. She was eight months old at the time. Her bottom was badly bruised and he made her bottom bleed form spanking her so much.
Vernon performed this assault on my child in front of a room full of people, consequently I tried-to keep her away from him as much as I could. Nearly every time he saw her he would spank her. . . .
Vernon stated to me and another lady that if he ever saw us giving our children a dummy (or pacifier as they are known in the United States) that he would kill the children by smashing them against a wall."
3. Circumstantial Evidence of Ongoing Abuse During the Standoff
As noted above, there was no direct evidence establishing that any children were being either sexually or physically abused during the February 28 through April 19 time period. There were circumstantial indications, however, that the children were living in a deteriorating environment, and that the prospect of sexual or physical abuse was likely as the standoff continued.
[Material redacted as required by statute.]
4. Public Statements About Child Abuse After The Standoff
As noted, following the fire on April 19, 1993, the Attorney General made several television appearances, during which she indicated that one of the factors that had-influenced her decision to approve the tear gas plan was her belief that contemporaneous child abuse was occurring inside the compound. The next day, April 20, then-Director Sessions appeared on television and stated, accurately, that the FBI had developed no direct evidence of contemporaneous child abuse.
Following Director Sessions' statements, the Attorney General requested that all the available evidence regarding child abuse be collected. That project was completed over the next few days. The Attorney General realized that she had made an inaccurate statement. She corrected it during her April 28, 1993 testimony before the House Committee on the Judiciary, during which she emphasized that the evidence of child physical and sexual abuse in the government's possession related to activities inside the compound prior to the standoff.
Continue... VIII. The Role of Other Law Enforcement Organizations->