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Thursday, October 30, 1997

Intercepted transmissions show McLaren in charge during standoff

By EDUARDO MONTES / Associated Press Writer

ALPINE, Texas (AP) -- Richard McLaren told followers they had "full authority to shoot" and advised them to "unleash firepower" when necessary during a standoff with authorities, according to radio transmissions introduced Wednesday at the separatist leader's trial.

Providing some of the strongest evidence so far indicating McLaren was in charge of Republic of Texas operations during last spring's siege, Texas Ranger Sgt. Jess Malone testified he had intercepted several transmissions indicating the armed separatists were taking a hostile posture.

In one case McLaren was heard telling unidentified group members to "neutralize a second military target," which Malone understood to mean they were to destroy a nearby ranch.

"It placed us in a heightened state of alert," Malone said under questioning by District Attorney Albert Valadez.

McLaren and his chief lieutenant, Robert Otto, are charged with engaging in organized criminal activity for allegedly plotting to kidnap two people who lived near Republic members in the Davis Mountains Resort, a rural community 175 miles southeast of El Paso.

The April 27 abduction, carried out by three of McLaren's followers, sparked the weeklong standoff that ended May 3 when the group agreed to lay down its weapons.

If convicted, they could face up to life in prison and a $10,000 fine.

Malone testified he used a scanner to monitor several transmissions in which McLaren directed his followers via radio. In one, McLaren warned that an ambush by authorities was imminent.

"Do not hesitate to unleash firepower," McLaren said, according to Malone, who was reading from a transcript of the transmissions.

The prosecutor also played a recording of a telephone conversation in which Malone cautioned McLaren and another group member that authorities would respond accordingly to violence.

McLaren told Malone that his followers were "under orders not to fire unless they're fired upon."

McLaren and Otto, who have been ejected from the courtroom more than a dozen times for interrupting proceedings, took a more active role in the case Wednesday as they engaged in spirited cross-examinations.

The defendants have court-appointed attorneys, but have refused to consult them and insist on representing themselves.

McLaren, who maintains he is a foreign diplomat, asked Texas Ranger Capt. Barry Caver whether he had received any documentation from Gov. George W. Bush or the federal government giving him the authority to negotiate a surrender with Republic members.

Caver said he didn't.

McLaren then asked, "By whose authority did you sign (the surrender agreement)?"

"As a Texas Ranger captain and commander of the incident site," Caver responded.

State District Judge Kenneth DeHart advised the defendants before testimony began Wednesday to use their standby counsel and follow court etiquette so they could participate in their defense and make appropriate objections.

"When you leave, you leave with your lawyers, because you're representing yourselves," DeHart said.

"Sir, I really appreciate it," McLaren said. "I cannot do that in order to preserve my rights."

McLaren and Otto insist the court has no authority over them because they are foreign citizens of the Republic of Texas, an independent nation.

Each time McLaren and Otto are ejected, they go to an adjacent room where they can hear the testimony via an audio feed. They are returned to the courtroom after each witness' testimony for cross-examination.