An Open Letter to Judge Walter Smith

by Sharlene Shappart
Waco Tragedy News

While reading an article in the Dallas Morning News covering the judge's ruling on the Waco slaughter, I felt compelled to comment on something that outraged me. This shining example below of Judge Smith's arrogance with this case and the victims of this massacre:

(Dallas Morning News, 9-21-2000) 

"Although he acknowledged remarking during one bench conference that he considered sect member Livingstone Fagan "a lying, murdering son of a bitch," the judge wrote that the comment was a joking and "off-the-record" response to a joking comment."

"The court resents the slight to Mr. Fagan's mother, should he have one," Judge Smith wrote Wednesday."

Should he have one??? You cannot tell me Judge Walter Smith does not know the fate of Livingstone's mother! One cannot even imagine a supposed highly educated and informed federal judge not knowing the facts involving all case participants, deceased or living. Saying someone is a 'murdering son of a bitch' is an off the cuff comment, jokingly made in reply to a joke??????! During a trial??? I find Smith's reply to the comment the ultimate joke. "...Fagan's mother, should he have one."

Well Judge Smith, you know exactly what happened to Fagan's mother... or rather you should IF you were paying attention! (I personally saw you dozing off three times during the trial.)

Let me refresh your memory Judge. Doris Fagan died an agonizing death along with 81 others, including Livingstone's beloved wife, Evette. Theirs was an agonizing death for which you have just covered up - whitewashed for history to note and record. You have made a mockery of their deaths with your "joking," "off the record" comments. Doris Fagan cannot hear your weak apology. Was the blocking of evidence - which prevented the jury from seeing the TRUTH, a joke? An "off the cuff" decision?

What you should have morally and ethically done was excuse yourself from the case long ago. Didn't you realize the depth of hatred and bias you have in your heart against these people?

The Supreme Court found your rulings in the original trial overstepped your authority and reason. Your findings were incompetent and not based on legal grounds but on a personal vendetta. I cannot give you an ounce of credit for reducing the prisoners sentences. You did so to 'save face,' given the courts decision that you abused the laws and overstepped your boundaries.

You claim to have given Livingstone the same time off his sentence, "in all fairness". Since when did "fairness" become a word you were cognizant of? Were you thinking of fairness when you forbade the Davidian lawyers to present over 100 pieces of evidence that was damning to the government?

Were you pondering fairness when you limited their courtroom presentation time so severely there wasn't a chance in hell for them to present what they WERE allowed to show, while allowing the government's lawyers to run overtime? Did fairness come into play when you yawned openly, stared blankly towards the attorneys, closed your eyes and your head fell into your hands?? Three times?? (All logged in my record keeping.) In all "fairness" I think it's safe to say you made up your mind long ago, and your lack of paying attention showed. You're a dangerous man to the justice of this land and it's people.

If you didn't know the fate of Fagan's mother, now you do. The sad part is, you know exactly what happened to those people, but the price of everyone knowing must be too great for you or our government to handle.

There is a higher court in this land other than yourself, we'll pray during the appeal. There is also a higher court in the beyond for which final judgment has no governmental protection. A court where only truth is allowed, and there are no puppets pulling strings. The best thing of all, there is no where to run, no where to hide... the truth exposes all. I await that day Walter Smith... do you?

~Sharlene Shappart~

Waco Tragedy News

"To sin by silence, when they should protest, makes cowards of men." ~~ Abraham Lincoln

"Most people, sometime in their lives, stumble across truth. Most jump up, brush themselves off, and hurry on about their business as if nothing had happened." ~~ Winston Churchill