AUSTIN AMERICAN-STATESMAN June 15, 1994  Wed Pg B2

Davidian Case Juror Asks Judge To Be Lenient

-Associated Press

The jury foreman in the murder conspiracy case against 11 
Branch Davidians has asked the federal judge who will be 
sentencing the defendants later this week to be lenient, the 
Associated Press learned Tuesday.

Sara Vain, who headed jury deliberations in the San Antonio 
trial of David Koresh's followers earlier this year, says the 
punishment prosecutors are seeking is too harsh.

In a letter to U.S. District Judge Walter Smith, Vain said she 
was astonished that seven of the defendants are facing 30 years 
in prison for convictions on weapons charges that initially 
were thrown out.

Defendant Ruth Riddle would have been acquitted of all charges 
and freed if Smith hadn't reinstated convictions against the 
seven for carrying firearms during the commission of a crime.

"It's unfathomable that she (Riddle) is facing five years, much 
less 30 years in prison," Vain wrote.  "If we had interpreted 
the word 'carrying' literally, she would be totally free since 
there was no proof beyond reasonable doubt that she even walked 
to the window of her room while in possession of a firearm!"

Vain and other jurors have said the panel reached the weapons 
charge conviction by mistake.

Smith said originally that he would throw out the convictions 
of Renos Avraam, Brad Branch, Jaime Castillo, Livingston Fagan, 
Kevin Whitecliff, Graeme Craddock and [Ruth] Riddle for 
carrying a firearm during the commission of a crime.

The judge said the [weapons] convictions were invalid because 
the jury had acquitted the Davidians of the murder conspiracy 
charge.  But Smith reversed himself after prosecutors provided 
case law showing that inconsistent verdicts are legally valid.

Prosecutor John Phinizy said it's not the jury's job to be 
concerned with sentencing.