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As the gunsmoke began to clear on Ruby Ridge, prosecution of the
Weaver case was assigned to U.S. Attorney Ron Howen. Randy
Weaver and Kevin Harris were commended to the Ada County Jail and
eventually charged with ten counts, including murder, aiding and
abetting murder, conspiracy and assault. With the wealth of
information to sift through, the trial would not begin for another
eight months, during which time Kevin and Randy remained incarcerated.
On April 13, 1993, a jury consisting of seven women and five men,
along with six alternates was selected at the Federal Courthouse in
Boise, Idaho, with U.S. District Court Judge Edward J. Lodge
presiding. The trial began the following day and ultimately
lasted for a total of 36 days. During the trial, the prosecution
called 56 witnesses, while the defense, confident that the government
would destroy their own case, called none. The entire ordeal was
bizarre to say the least and almost everyone of the prosecution’s
witnesses contradicted or countered the testimony of a previous
witness. The prosecution spent several days going over the
Weavers' religious views, trying to establish that they were racist
and had a long-lived conspiracy to violently confront the government.
Marshall service witnesses described pre-siege scenarios to root
Weaver out of his cabin, however when pressed by the defense, they
said they never considered simply knocking on the door and arresting
him. In addition, government agents admitted that the FBI had
tampered with evidence and that the crime scene photos given to the
defense were phony reenactments. Even though the prosecutor knew
this, he had failed to inform the defense and it was only during the
trial that these facts came to light. For prosecutorial
misconduct, the judge ordered the government to pay part of the
defense attorneys' fees ─ an action almost unheard of in a
criminal case. Prosecutor Ron Howen was also was forced to
apologize in open court.
The defense countered the prosecution’s conspiracy arguments by
stating that the Weaver family had moved to northern Idaho in 1983 to
practice their religion in peace. They wanted to be left alone.
It was then alleged that Randy had been set up on the weapons’
charge and that federal agents sought to arrest him when he refused to
become an informant. The resulting failure- to-appear charges
were then brought because Randy Weaver was given an incorrect court
date and then indicted before that date. The defense continued
by arguing that the shootout was a direct result of federal agent
Arthur Roderick’s actions, in which he killed the Weaver family dog
in proximity to Samuel Weaver, which caused Samuel to return fire in
self-defense. Finally, the defense claimed that Vicki Weaver was
murdered in cold blood by FBI sniper Lon Horiuchi.
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