[Note: No-Knock raids, another result of the war on drugs where an armed
group of screaming men and women can invade a home, usually in the dead of
the night, and the residents are expected to not react defensively. - Tony]

Government insists on keeping reasons for Wilson raid secret
CATHY FRYE
ARKANSAS DEMOCRAT-GAZETTE

The federal government says it shouldn't have to disclose the reasons
behind an ATF raid on the home of a Faulkner County resident, according to
the U.S. attorney's response to a motion filed last week by the
Democrat-Gazette.

The pre-dawn, surprise raid by federal agents and area lawmen left
60-year-old Carl Wilson dead and two officers injured.

Thus far, only the search warrant and a list of what was seized have been
made public. Everything else pertaining to the case remains sealed in
federal court.

On Feb. 15, the Democrat-Gazette filed a motion asking U.S. Magistrate J.
Thomas Ray to make all of the documents public.

In a response filed Monday afternoon, U.S. Attorney Michael Johnson argues
that unsealing the case would compromise confidential information related
to the investigation.

It also would make public the names of witnesses, and those people might
then be subjected to "intimidation, tampering and public inquiries," the
response states.

Attorney Jess Askew, who is representing the Democrat-Gazette, replied:

"A man was killed in his bedroom by federal agents, and the press wants to
know why they were there. The First Amendment guarantees this access,
unless compelling interests require otherwise. Here, there is no on-going
investigation of Mr. Wilson to protect, and we see no reason why the First
Amendment should not prevail."

The judge's ruling on the issue is pending.

Wilson, who had lived in his rural Mayflower home for the last 18 years,
was killed in a shootout with a SWAT team that was trying to serve a
"no-knock" search warrant before dawn on Jan. 12.

A no-knock warrant gives police permission to enter someone's home without
announcing who they are.

During the 6:30 a.m. raid, which quickly disintegrated into a gunbattle
between Wilson and authorities, two officers were injured. One hit his head
while diving to avoid bullets. The other was hit in the arm by shrapnel.

Wilson, who was shot at least five times, died in his bedroom.

The Bureau of Alcohol, Tobacco and Firearms was looking for a
.30-.30-caliber Winchester rifle, according to the warrant. Wilson's widow,
Tammy, says her husband had owned the gun for as long as she could
remember. The couple were together for 23 years.

Seized from the Wilson home were the Winchester, seven other guns and
ammunition, a bong, a pipe, scales, a plastic bag containing a fourth of a
gram of "white powder," a large Ziploc bag containing smaller bags of
marijuana, a pill bottle of marijuana seeds and burned marijuana
cigarettes, according to the ATF's inventory list.

Also taken was a "paper note," which Tammy Wilson says was tacked to the
closet where Wilson kept his guns. It read: "If you open this door, the
whole house will blow up. Try me -- Wilson."

The probable-cause affidavit, which was presented to a judge before the
search warrant was granted, would explain why the government wanted the
hunting rifle. This document also would offer insight into why ATF agents
felt a no-knock raid was necessary.

In its motion, the Democrat-Gazette states: "A civilian was killed and two
law enforcement officers were injured during the execution of this search
warrant. The public is entitled to know the circumstances and manner in
which state and federal law enforcement officials carried out their public
duties."

But federal prosecutors argue that unsealing the documents related to the
investigation of Wilson won't explain how the raid transpired.

"These sealed documents were created prior to the execution of the
warrant," the government's response states. "The manner in which officers
obtained the warrant is clear without review of sealed documents."

Tammy Wilson vehemently disagrees.

"They say it doesn't matter why he was wanted, that this doesn't have
anything to do with the fact that a shootout occurred? Well, it might not
make a difference to them, but it makes a big difference to me."

As for the government's argument that names of witnesses would be revealed
if the case is unsealed, Tammy Wilson said, "Well, too damn bad. Let the
witnesses come out."

Authorities say they cannot comment on the investigation or the raid until
a state police inquiry into the shootout is finished.

That inquiry is ongoing, Special Agent Scott Wall said Tuesday, adding that
state police are awaiting reports from the medical examiner. "I would hope
they would have already been in by now, but [state Crime Laboratory
workers] are backed up."

Once the investigation is finished, the results will be turned over to
Faulkner County Prosecuting Attorney H. G. Foster, who will then decide
whether to press charges, close the case or ask police to investigate
further.

Once the case is closed, it becomes public record.

Tammy Wilson is hoping to find some answers within those documents, she says.

"I don't have any vendetta. I don't have a bad heart. I just want to know
the truth."

CATHY FRYE