AF Times story on court martials

[Guest guest]

I think Deb Funk has done a very fair job with this story.

Meryl

Air Force Times, June 28, 1999, pg. 17

Marine refuses vaccine, gets jail, discharge

By Deborah Funk, Times Staff Writer

The first of five Marines being court-martialed in California for

refusing to take the anthrax vaccine was found guilty in a June 17 trial

lasting less than three hours.

Lance Cpl. Schwartz, 21, stationed at Twentynine Palms

Air-Ground

Combat Center, Calif., pleaded not guilty to the charge of disobeying a

lawful order for refusing to be immunized against anthrax --- a

mandatory

series of shots Pentagon officials say will help protect troops against

biological warfare.

Schwartz and his lawyer, Mark S. Zaid, had hoped to put the vaccine

itself on trial. But in a pretrial hearing June 11, the military judge,

Lt.

Col. Ken , ruled that the order to take the shots was lawful. The

safety, efficacy and necessity of the anthrax vaccine are policy issues,

not

a matter for criminal court, said. He also blocked the defense's

attempt to introduce evidence the vaccine had been altered illegally.

Two prosecution witnesses testified at the trial, but the defense

did

not call witnesses.

Schwartz, of , Ky., was found guilty and sentenced to a

bad-conduct discharge and 45 days in the brig, which was reduced to 30

days

in accordance with a pretrial agreement.

" I believe the arguments that have been raised during the last week

must go forward to a higher court as soon as possible, " said Schwartz in

a

statement read to the court. By my requesting a bad conduct discharge,

I

will ensure an appeal will be heard. The record that has been created

in my

case must be preserved. This case is bigger than just myself. I stand

here

today representing every member of the service who wishes to challenge

the

anthrax-vaccine program. "

" We are obviously disappointed by the verdict, " Zaid said.

" Nevertheless, Lance Cpl. Schwartz remained true to his principles, and

the

sentence reflects that the court believed his sincerity. "

The courts-martial of the other four Marines at Twentynine Palms

are

expected to occur this month. Next up is Lance Cpl. Metzig, 20,

of

San Diego, whose trial is scheduled for June 21. The others are Lance

Cpls.

Austin, 22, Borger, Texas; McIntyre, 22, Mount Vernon,

Wash.;

and ston, 19, Henrietta, Okla.

The judge's decision to preclude the defense from introducing

evidence

regarding the safety, efficacy or necessity of the anthrax vaccine

effectively ended attempts to mount a defense.

" The judge's ruling just reinforces what we have been saying since

the

beginning, " said Marine 1st Lt. Bosquez, spokesman for the

combat

center. No. 1, that the order is lawful. No. 2, that the vaccine is

safe.

And No. 3, that the [biological] threat is out there. "

The Pentagon says the vaccine is necessary to protect troops

against

inhalation anthrax, a biological warfare agent spread through the air.

Vaccination is mandatory for all 2.4 million military personnel, and at

least 220,000 have been vaccinated.

No long-term health studies have been conducted on the vaccine,

which

was licensed in 1970. The Lansing, Mich., plant that makes the anthrax

vaccine, BioPort Corp., has been cited for deficiencies and is being

renovated.

Still, a top Food and Drug Administration official testified to

Congress in April that " we believe anthrax vaccine is a safe and

effective

vaccine for the prevention of anthrax disease --- an often fatal

disease. "

--

Meryl Nass, M.D.

Parkview Hospital, Brunswick, Maine 04011

email mnass@...

phone (207) 865-0875

fax (207) 865-6975