Bill Johnston : Davidian prosecutor on 2 years probation - News about religious cults and sects

ST. LOUIS -- Former Waco prosecutor Bill Johnston is broke, divorced and humiliated. After all that and a sentence of probation, a government lawyer said Thursday that justice was served.

"He was held in very high esteem in Waco, Texas, as a prosecutor," federal attorney Jim Martin said. "Now he's a broken man with little or no income."

U.S. District Judge Charles Shaw on Thursday sentenced Johnston to two years' probation and 200 hours of community service.
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Johnston, 42, was convicted of withholding information that exploding tear gas canisters were used during the Branch Davidian siege in 1993. Davidian leader David Koresh and some 80 followers died inside the burning compound. The government maintains that the fire was started by the Davidians and not by ammunition.

Johnston said he scribbled his notes in 1994 and forgot about them until later. He then did not reveal them immediately because he feared he would be targeted by enemies within the Department of Justice. The government argued Johnston hid the notes intentionally from the start.
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The government recommended probation for Johnston after a plea agreement was reached in February. But prosecutors dropped the recommendation -- setting him up for possible jail time -- after Johnston made statements to the publication Texas Lawyer.

In the Feb. 19 issue of the publication, Johnston was quoted as saying, "I didn't plead guilty to anything they indicted me for. They charged me with obstruction of justice and five counts of false statements. I did not plead guilty to that and was not guilty of that."

Johnston's lawyer Michael Kennedy said Thursday that the statement was "technically true." But he said he was disappointed in his client because it contradicted the plea agreement, in which Johnston admitted felonious wrongdoing.

Standing before the judge Thursday, Johnston again admitted guilt.

"Whatever my reason, it was wrong," he said. "It will never be right to withhold something in fear or panic or whatever reason because that is against the law. This is not what I stood for or what I tried to be, and that is wrong."
Shaw said he was inclined to give Johnston probation rather than jail because his motivation did not appear to be devious.
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Davidian prosecutor on 2 years probation

Ex-Waco attorney called 'broken man'