One man released after anthrax turns out to be harmless veterinary vaccine

By Jeff German

Sunday, Feb. 22, 1998 | 10:59 a.m.

William Job Leavitt, Jr., a key figure in the Las Vegas anthrax scare, was released from jail Saturday night on his own recognizance.

His release, which occurred about 5:50 p.m., came six hours after the FBI disclosed the substance seized at a Green Valley clinic this week from him and a second defendant, Larry Wayne Harris, was a "harmless veterinary vaccine."

At a noon news conference, Bobby Siller, special agent in charge of the Las Vegas FBI office, told a crush of local and national reporters that tests on the substance revealed it wasn't the deadly form of anthrax authorities had feared it was earlier in the week.

After his release, Leavitt, a 47-year-old microbiologist and former Mormon bishop from Overton, held a news conference on the steps of the Clark County Detention Center.

His voice shaking, and with his lawyers, Lamond Mills and Kirby Wells, at his side, Leavitt thanked his family and friends for their support during his more than 48 hours in jail.

"These past few days have been the most difficult days of my life," said Leavitt, who still faces federal charges of possessing a biological agent for use as a deadly weapon.

"I understand what happened, and I understand the position the FBI took based upon the information they received. I absolutely have no hard feelings."

But Mills criticized FBI agents for executing search warrants at Leavitt's property in Overton even though the agents now know his client was not involved in a conspiracy to possess the dangerous anthrax.

"This indicates that they're trying to save face, and this makes this case as serious as a heart attack," Mills said.

Mills said three carloads of FBI agents descended on Leavitt's property, 65 miles northeast of Las Vegas, about 45 minutes before his client's release.

Leavitt, who has no criminal record, attribute his ordeal behind bars to "some misunderstandings and miscommunications."

Mills would not let him elaborate because the charges against him still are pending.

Earlier, Siller stood by the FBI's decision to arrest Leavitt and Harris, reiterating his agency acted in the interests of public safety.

"We truly felt, and we do now, that we had enough probable cause to believe that there was a danger to the community," he said.

Siller said the FBI believed the two men were capable of possessing anthrax.

"Both Mr. Harris and Mr. Leavitt made statements to more than one individual that they had in their possession military grade anthrax and that they intended to test this anthrax at a medical center located in a business residential area of a heavily populated suburban community," Siller said.

"Because of the potential serious threat to the community, our action had to be quick and decisive."

Following Siller's news conference, Mills, who had contended all along the substance was a harmless vaccine, said he had struck a deal with the U.S. attorney's office to free his client while the FBI decided whether to drop or amend the charges against him.

"They don't have the case they thought they had," Mills said.

U.S. Magistrate Roger Hunt later signed an order releasing Leavitt from jail.

Harris, a 46-year-old ex-member of the Aryan Nations white supremacist group, was expected to remain in jail over the weekend.

Prosecutors are looking at possible probation violations against the Ohio man stemming from a 1995 conviction in Ohio for fraudulently obtaining bubonic plague toxins.

Assistant Federal Public Defender Michael Kennedy, who represents Harris, Saturday called the test results from Maryland a "good fact."

"It bodes well for Mr. Harris in his defense," Kennedy said. "We're going to put on a vigorous defense."

Siller said the FBI still was analyzing materials seized late in the week from Harris' Lancaster, Ohio home.

Wells said Leavitt "broke up" when told the news of the test results.

"It's a great day for Bill Leavitt and his family," said Wells, who indicated jail officials had been keeping his client in solitary confinement since his arrest late Wednesday night.

Wells said Leavitt was heavily shackled and wore a surgical mask during the lawyer's jailhouse visit.

The FBI, Mills said, "reacted properly" in moving swiftly to arrest Harris and Leavitt once agents were told they allegedly were carrying the deadly form of anthrax.

But he added: "I just hope they don't now, in order to save face or something, give us a cockamamie charge that they want to lay on Bill Leavitt.

"We played it straight up. I hope they play it straight up and accept the fact that Bill Leavitt is not a criminal."

Both of Leavitt's lawyers again cast doubt on the FBI's chief source in the case, Ronald G. Rockwell, a medical researcher the FBI acknowledge has two extortion convictions.

"He is far from a credible witness," said Mills, who contended Rockwell was trying to sell Leavitt equipment that could test a miracle vaccine for anthrax.

Mills said that Rockwell wanted money up front in the deal and when he didn't get it, he made up some "outlandish" allegations against his client.

Mills said he has been told there are 18 lawsuits, mostly relating to alleged fraud, filed against Rockwell.

"That's their witness, and on that, we have worldwide news," Mills said.

Wells added: "Mr. Rockwell needs to be scrutinized very carefully. If he gave false information, and the government relied on that false information, and my client was put through 48 hours of hell, I think somebody should look at that."

A woman who answered the door at Rockwell's residence said late this afternoon that he had no comment. The residence, 2821 Merritt Ave., also is the address of Rockwell Scientific Research.

Brett Marshall, a spokesman and friend of Rockwell said Mills is wrong in indicating Rockwell was the subject of 18 lawsuits.

Marshall said Rockwell actually filed the suits.

Rockwell, he said still was standing by his story that Leavitt and Harris had told him they had anthrax.

A Monday hearing for Leavitt before Hunt has been canceled, Mills said.

Harris, however, still is scheduled to appear before before the magistrate on Monday.