randy weaver trial update day note these trial updates are summarized from reports in the idaho statesman and the local nbc affiliate television station ktvb channel randy weaver kevin harris trial update day friday april was the fourth day of the trial synopsis defense attorney gerry spence cross examined agent cooper under repeated objections from prosecutor ronald howen spence moved for a mistrial but was denied the day was marked by a caustic cross examination of deputy marshal larry cooper by defense attorney gerry spence although spence has not explicitly stated so one angle of his stategy must involve destroying the credibility of agent cooper cooper is the government s only eyewitness to the death of agent degan spence attacked cooper s credibility by pointing out discrepancies between cooper s statements last september and those made in court cooper conceded that you have all these things compressed into a few seconds it s difficult to remember what went on first cooper acknowledged that he carried a mm colt commando submachine gun with a silenced barrel i thought a colt commando was a revolver cooper continued by stating that the federal agents had no specific plans to use the weapon when they started to kill weaver s dog when spence asked how seven cartridges could be fired by degan s m rifle when degan was apparently dead cooper could not say for sure that degan did not return fire before going down spence continued by asking with how many agents and to what extent had cooper discussed last august s events cooper responded if you re implying that we got our story together you re wrong counselor spence continued to advance the defense s version of the events namely that a marshal had started the shooting by killing the weaver s dog cooper disagreed assistant u s attorney ronald howen repeatedly objected to spence s virulent cross examination of agent cooper arguing that the questions were repetitive and spence was wasting time howen also complained that spence was improperly using a cross examination to advance the defense s version of the events u s district judge edward lodge sustained many of the objections however both lawyers persisted until judge lodge had the jury leave the room and proceded to admonish both attorneys i m not going to play games with either counsel this has been a personality problem from day so start acting like professionals spence told the judge that when all the evidence is in we ll see that his agent larry cooper testimony is not credible that he was panicked and cannot remember the sequence of events spence continued we re going to find that there is a very unlikely similarity almost as if it had come out of a cookie cutter between the testimony of mr cooper and the other witnesses spence then moved for a mistrial on the grounds that howen s repeated objections would prevent a fair trial we can t have a fair trial if the jury believes i m some sort of charlatan if the jury believes i m bending the rules or engaging in some delaying tactic or that i m violating court orders judge lodge called the notion that his repeated sustainings of howen s objections had somehow prejudiced the jury was preposterous and denied the motion for a mistrial lodge did tell howen to restrict his comments when objecting the trial resumed with the prosecution calling fbi special agent greg rampton the prosecution s purpose was simply to introduce five weapons found in the cabin as evidence however the defense seized on the opportunity to further address cooper s credibility defense attorney ellison matthews harris other attorney questioned rampton about the dog rampton stated that there were no specific plans to kill the weaver s dog without being detected matthews then had rampton read a septtember transcript in which rampton had said that cooper had said that the purpose of the silenced weapon was to kill the dog without being detected if the dog chased them rampton then acknowledged that he believed that cooper had said that but he could not remember when he then stated that i did not conduct the primary interview with deputy cooper but i have had conversations with him since the interview was conducted monday april will begin the fifth day of the trial scheduled is the continued cross examination of fbi agent greg rampton
