FOR IMMEDIATE RELEASE For further information, July 17, 1995 call: 703-267-3820 NRA CRITICIZES "DIVERSIONARY TACTICS" AS WACO PROBE NEARS Schumer "part of the problem, not part of the solution." Fairfax, Virginia -- Officials of the National Rifle Association of America criticized U.S. Rep. Charles Schumer (D-NY) for staging diversionary tactics as a Congressional panel prepares to probe the 1993 tragedy near Waco, Texas, that claimed the lives of 4 federal law enforcement agents and 82 civilians, including 25 children. "The issue here is abuse of power and the threat to civil liberties," said Mrs. Tanya K. Metaksa, executive director of NRA's Institute for Legislative Action. "Rather than examining that threat, Congressman Schumer is expanding that threat by targeting the freedom of association and the freedom to seek redress of grievances. His attack on civil liberties is transparent, thoroughly cavalier and totally without substance. He is making himself part of the problem, not part of the solution. "NRA will not commit the same offense as Congressman Schumer. Our duty is the same as any civil liberties advocate: to provide information, not to stage a political sideshow to divert attention from that information." To this end, Mrs. Metaksa stated the following: * NRA has conducted an independent review of the Waco tragedy. This review has involved a number of NRA staff personnel and outside volunteers. * Dr. Fran Haga is a noted criminologist from Pembroke State University in North Carolina. She volunteered to serve as an unpaid volunteer to gather information. NRA is reimbursing travel and living expenses. * At no time did Dr. Haga act at the direction or request of any Member of Congress, Committee, Subcommittee or staff member of Congress. She conducted all inquiries at the direction of Mr. James Warner, NRA Assistant General Counsel and coordinator of the ad hoc independent review team for NRA. * As with much information developed by NRA, NRA furnishes information to counsel for the cognizant Subcommittees of Congress via outside counsel. * Dr. Haga first telephoned Ms. Joyce Sparks on or about June 28, 1995. Dr. Haga left a voice mail message. With no intention of misleading Ms. Sparks or omitting information pertaining to her affiliation with NRA, Dr. Haga left a voice-mail message as mere short-hand. * As in the voice mail message, other individuals assisting NRA in its independent review alternately refer to their working group as the "Waco hearing team," the "Waco team," the "Waco Committee" or the "Waco Task Force." * Most importantly, in their first telephone conversation, Dr. Haga began by explaining not only her academic background but also her affiliation with NRA as the basis for her researching the matter. She also indicated that her intent was to forward information, via appropriate NRA channels, to the Congressional panel, adding that any decision by the Congress to act on Sparks' information or to ask that she testify was entirely a decision of the Congress. * Ms. Sparks never raised any objections to interviews with Dr. Haga at any time, even after Dr. Haga openly and forthrightly provided Sparks copies of the two memos Dr. Haga forwarded on their conversations (dated June 29 and July 7 -- copies attached). Further, Ms. Sparks objected at no time to any contents of either memo. Since forwarding the July 7 memo, there has been no contact between Sparks and Haga. "The problem is not a citizens' group providing information," Mrs. Metaksa said. "The problem is an Administration withholding information and a politician whose sideshow is shielding the Administration from scrutiny. "If Congress explores an issue, it is incumbent upon citizens who believe they have pertinent information to provide that information to Congress. We will not fail to perform that duty." On other matters, Mrs. Metaksa offered the following: * Failure Analysis Associates. NRA contracted with Failure Analysis Associates, the nation's premier engineering firm specializing in scientific-related failures, for a number of specific tasks. "We consulted with no one on this contract or these tasks, save Failure Analysis." Failure Analysis was denied access to fire-damaged guns and other materials June 26 by Richard Scruggs, a representative of Attorney General Janet Reno. "It is entirely appropriate -- even commonplace -- for an independent expert to render verifiable scientific judgement in an extraordinarily complex and controversial topic." * Mr. Robert Sanders. Mr. Sanders is neither an NRA employee nor a paid consultant. He is not on retainer. There is no contractual relationship between Sanders and NRA. He is one of hundreds of attorneys on the attorney referral list maintained by the Firearms Civil Rights Legal Defense Fund. Mr. Sanders received support from the FCRLDF for a case in September, 1992, in which $6281.95 has been paid, and a case in January 1993 in which $3640.70 has been paid. Decisions regarding case acceptance and funding by the FCRLDF are made solely by the FCRLDF Board of Trustees. Mrs. Metaksa is not now nor has ever been a trustee of the fund. -- nra -- ATTACHMENTS: MEMORANDUM June 29, 1995 To: Mark Barnes, Attorney at Law Suite 800, 1200 G Street, NW Washington, D.C. 20005 Through: Jim Warner, Waco Team Leader From: Fran Haga, Waco Team Member RE: Witness Contact Statement: JOYCE SPARKS _RECOMMENDATION: That the Congressional Subcommittee sub poena Joyce Sparks as Witness in the Upcoming Waco Incident Hearings_ This memorandum is to confirm my witness contact report made this morning, June 29, 1995. Joyce Sparks returned my call which was a message left at her work number available through the Human Resources Office of the Texas Governor's office. I found her thoroughly open and professional throughout our discussion, which consisted largely of my explaining my own involvement and my description of the upcoming Waco Hearing structure, where the Waco Team works to build on existing research and investigation and channels information to Jim Warner, our Team Leader. Information, resources and evidence gathered goes to March Bell who is charged with the coordination of the Congressional effort. The purpose of my call was to confirm statements attributed to Joyce Sparks in an early video tape produced and distributed by David Hall, an independent investigator at the time. _Pertinent points:_ (1) Joyce Sparks confirmed her on-going contacts with the command center agents which culminated with a telephone call a week or more before the final assault. [The Hall tape suggests a shorter time frame between this meeting and the final entry of the federal agents into the Mount Carmel Center.] During this morning call, Sparks was asked if she would work with medical staff [to be requested by the federal agents] and prepare shower, clean clothes, etc. for the children who would be coming out of the Center as a result of a tear gas effort to bring the siege to an end. During this lengthy and detailed call, Joyce Sparks asked _many_ questions about the safety of the children if tear gassing was attempted. The venture appeared so problematic that when a command center agent called Sparks back later in the day and told her to "forget about it [the discussion of the tear gas and the request that she coordinate a reception station for the children]" Joyce Sparks assumed the agents had cancelled the tear gas plan as too dangerous to attempt. (2) We need to understand the Joyce Sparks was working with federal agents who she knew and trusted. The FBI enjoys a good reputation in the human services community and Sparks was convinced that she "was working with the very best." (3) The Hall video tape asserts that when Joyce Sparks witnessed the initiation of the tear gas (CS gas) insertion by force into the buildings [on TV along with the rest of the nation] at 9:30 AM, well before the beginning of the fire, she made the impassioned statement, "They're going to kill them all." Joyce Sparks confirmed that this statement reflects her beliefs at the time and the beliefs of many other people who had witnessed the events broadcast from Mount Carmel since the ladders were first pictured going up against the buildings. In the end, Joyce Sparks was stunned to see the execution of the gas insertion plan she had believed to be abandoned. She was therefore understandably disillusioned, hurt and angry when the final assault took place the way that it did. This belief should in no way be contrived as an indication that any plan existed to kill the Branch Davidians. It was simply evident to onlookers, including Joyce Sparks, that the plan was extremely dangerous and had little chance of actually driving the Davidians out of their Center. _Additional Note:_ Sparks was available under sub poena at the San Antonio trial of surviving Branch Davidians. She was not called as a witness. cc Joyce Sparks ----------------------- MEMORANDUM July 7, 1995 To: Mark Barnes, Attorney at Law Suite 800, 1200 G. Street, NW Washington, D.C. 20005 Through: Jim Warner, Waco Team Leader From: Fran Haga, Waco Team Member RE: Witness Contact Statement: JOYCE SPARKS _FOLLOW-UP RECOMMENDATION: That the Congressional Subcommittee sub poena Joyce Sparks as Witness in the Upcoming Waco Hearings_ This memorandum is to confirm my witness contact made by telephone on the evening of July 6, 1995. Our investigation is into the deaths at the Mount Carmel Center, deaths which occurred as a result of the interlocked the behavior of all individuals caught up in the situation. Joyce Sparks, regardless of the conflict in jurisdictional issues, is an undeniable part of the events leading to those deaths and an investigation which did not include her testimony would be inadequate and incomplete. The purpose of my contact was to answer questions posed by several members of the investigation team and confirm several details of the Treasury Department (1993) report. Pertinent points: (1) Joyce Sparks confirmed crucial details of her involvement made clear in the Treasury report. (See attachment.) (2) Joyce Sparks is keenly aware of the jurisdictional conflict between the state investigation of child abuse and the federal investigation of gun regulatory law violation. (3) The February 28 federal raid on the Mount Carmel center took place over the strongest objections she was able to raise. She was present when her agency refused to keep open the February 22 referral for continued sexual abuse. The refusal took place in the form of a temper tantrum where Sparks' supervisor shouted at ATF agents until they left the room. (4) The referral was then tabled, over Sparks' continued objection. The agents proceeded with the armed raid. (5) At every opportunity Sparks made federal agents aware of the potentially lethal consequences of any effort to take David Koresh by force. Sparks never believed these efforts were in the best interests of the children. (6) The contradictory contention on the part of the combined testimony of federal agents--that the Davidians were dangerous enough to require a massive armed raid to disarm them, while at the same time believing it is amazing and criminal the Davidians would return fire--has never made any sense at all to Joyce Sparks. "Any person with common knowledge would not have thought that if attacked by force the Davidians would just give him up," she contends. _The federal agents were in possession of the complete records of the State child protection case and had all the reason they needed to know better._ (7) Confidentiality rules require a sub poena before Joyce Sparks can testify as to the content of those records. (8) Joyce Sparks holds her present year to year contract job with the Texas governor's office as a result of agency efforts to practice "damage control" following the disastrous fire on April 19, 1993. ------------------------------------------------------------ ATTACHMENT for Haga July 7, 1995 Witness Contact: Joyce Sparks Expansion of Point 1, above, confirmation of details. 1. Steve Higgins, "Why the ATF Had to Act Ignore the Myths; the Fact is the Branch Davidians Were Dangerous" The Washington Post, July 2, 1995, C3): But those who would so easily counsel the government to ignore firearms violations should consider the potential consequences of such a policy. They should recall that the Davidian leader David Koresh had told a social services worker from the Texas Department of Human Services that the world was coming to an end and that the riots in Los Angeles would pale in comparison to what was going to happen in Waco. Joyce Sparks confirmed that the Treasury Report explanation for seeming to speak of the riots before their occurrence, does, in fact represent reality. The witness stands by her statement that Koresh made the threat, if that is what is was. She apparently disapproved of her agency's decision to close the case and continued to have telephone contacts with Koresh. Wattenberg, at 37. The Treasury Department explanation is that the statement was made on April 30, the day after the riots began and the day the investigation was closed despite the social worker's objection. Treasury Report, at 126 (David Kopel & Paul Blackman, _The God Who Answered with Fire_, in note 87, p. 35) 2. Dean M. Kelley, "Waco The Massacre, The Aftermath," _First Things_, May, 1995: A nine-week investigation in 1992 by the Texas Bureau of Child Protective Services, however, found no evidence of such abuse. Discipline of children does appear to have been strict at Mt. Carmel and Koresh sometimes paddled young children severely for infractions. But the children who were examined by Texas authorities were found to be healthy, well-adjusted, and non-traumatized (p 23). Joyce Sparks confirmed that the 1992 investigations were suspended on April 30, 1992, as reported. The case was reported closed despite a classic pattern of child sexual abuse, details of which are contained in the case records. Texas state law prevents the actual "closing" of cases. "Referrals" are made and investigated until a satisfactory resolution is made to the situation. 3. Joyce Sparks confirmed the February 22, 1993 interaction of her agency with the ATF as reported by Kopel and Blackman: From the Justice Department review, it appears that the social worker's interview occurred on February 22, 1993. Social worker Joyce Sparks, from the Texas Department of Protective and Regulatory Services, reported that on Feb 22, 1993, a ten-year-old girl told Sparks that when the girl was ten years old, Koresh had taken off her clothes and his clothes, and gotten on top of her. The girl reported feeling "scared but privileged," and was unwilling to testify against Koresh. Justice Report, at 215, 219; Treasury Report, at 64. The social worker's interview may have been related to an effort to lure Koresh off of his property by having local charges of child abuse brought, since the effort was given up on February 22, when the girl told a state prosecutor she would not testify against Koresh Treasury Report, at App. D-12 (Kopel & Blackman, Note 33, p. 35) cc: Joyce Sparks =+=+=+=+ This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA. This and other information on the Second Amendment and the NRA is available at any of the following URL's: http://WWW.NRA.Org, gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org, mailto:LISTPROC@NRA.Org (Send the word help as the body of a message) Information may also be obtained by connecting directly to the NRA-ILA GUN-TALK Bulletin Board System at (703) 934-2121.