Spring Break
Prosecution rests case in plague trial
By: Betsy Blaney
Issue date: 11/20/03 Section: News
LUBBOCK, Texas - The prosecution rested Wednesday in the trial of a researcher charged with numerous felonies stemming from his report of missing vials of plague bacteria.
Texas Tech University professor Thomas Butler, 62, is accused of lying to the FBI about the missing vials in his January report, which prompted a bioterrorism scare in this West Texas town. Butler later admitted he accidentally destroyed the vials, according to testimony.
In testimony Wednesday, the final prosecution witness talked about Butler shipping plague samples to Tanzania after confirming the bacteria tested positive.
Among the other charges Butler faces are smuggling, theft, embezzlement and fraud.
Biosafety consultant Barbara Johnson testified that transfers of the unlabeled containers of bacteria are a national security problem because terrorists are known to operate in Tanzania.
Johnson, who works for the private consulting company Science Applications International Corp., also demonstrated how fragile petri dishes can be by crushing an empty one with her hands. Butler used petri dishes to transport plague samples to a U.S. Army research facility in Fort Detrick, Md., according to testimony.
''This is not a safe, recognized way to protect'' plague samples,'' Johnson said. ''This leaves everyone at risk.''
On cross examination, defense attorney Floyd Holder said terrorists would not have been attracted to the shipments Butler sent to Tanzania because the labels would not indicate a dangerous substance.
''Yoo-hoo, Mr. terrorist, here is some Yersinia pestis for you to use,'' Holder said, referring to the bacteria that causes plague.
But Johnson responded that not knowing what was inside the packages could be more hazardous.
''No, what I'm telling the jury is when you label the outside of the package, it lets them know there are dangerous specimens inside,'' Johnson answered. ''It could cause serious injury or death.''
Butler faces 69 wide-ranging charges stemming from a federal investigation launched after he reported 30 vials of bacteria-causing plague missing from his university lab Jan. 14. Butler later told federal agents that he made a ''misjudgment'' in making the report, according to testimony.
Dr. Keith Arnold, who met Butler more than 30 years ago in Vietnam, testified for the defense that his research colleague's scientific integrity is above reproach.
Arnold said his opinion of Butler is ''very good, excellent.''
''There's no question about that,'' he said. ''He's a peaceful, law-abiding citizen.''
Butler's defense team has portrayed him as a dedicated researcher who was doing plague research for and with the knowledge of the government - aiding the Centers for Disease Control and Prevention, the U.S. Army and the Food and Drug Administration.
Butler's attorneys say he committed no crimes.
The charges carry a potential prison term of 469 years, although he would get far less under federal sentencing guidelines. He also faces fines of up to $17.1 million.
Texas Tech University professor Thomas Butler, 62, is accused of lying to the FBI about the missing vials in his January report, which prompted a bioterrorism scare in this West Texas town. Butler later admitted he accidentally destroyed the vials, according to testimony.
In testimony Wednesday, the final prosecution witness talked about Butler shipping plague samples to Tanzania after confirming the bacteria tested positive.
Among the other charges Butler faces are smuggling, theft, embezzlement and fraud.
Biosafety consultant Barbara Johnson testified that transfers of the unlabeled containers of bacteria are a national security problem because terrorists are known to operate in Tanzania.
Johnson, who works for the private consulting company Science Applications International Corp., also demonstrated how fragile petri dishes can be by crushing an empty one with her hands. Butler used petri dishes to transport plague samples to a U.S. Army research facility in Fort Detrick, Md., according to testimony.
''This is not a safe, recognized way to protect'' plague samples,'' Johnson said. ''This leaves everyone at risk.''
On cross examination, defense attorney Floyd Holder said terrorists would not have been attracted to the shipments Butler sent to Tanzania because the labels would not indicate a dangerous substance.
''Yoo-hoo, Mr. terrorist, here is some Yersinia pestis for you to use,'' Holder said, referring to the bacteria that causes plague.
But Johnson responded that not knowing what was inside the packages could be more hazardous.
''No, what I'm telling the jury is when you label the outside of the package, it lets them know there are dangerous specimens inside,'' Johnson answered. ''It could cause serious injury or death.''
Butler faces 69 wide-ranging charges stemming from a federal investigation launched after he reported 30 vials of bacteria-causing plague missing from his university lab Jan. 14. Butler later told federal agents that he made a ''misjudgment'' in making the report, according to testimony.
Dr. Keith Arnold, who met Butler more than 30 years ago in Vietnam, testified for the defense that his research colleague's scientific integrity is above reproach.
Arnold said his opinion of Butler is ''very good, excellent.''
''There's no question about that,'' he said. ''He's a peaceful, law-abiding citizen.''
Butler's defense team has portrayed him as a dedicated researcher who was doing plague research for and with the knowledge of the government - aiding the Centers for Disease Control and Prevention, the U.S. Army and the Food and Drug Administration.
Butler's attorneys say he committed no crimes.
The charges carry a potential prison term of 469 years, although he would get far less under federal sentencing guidelines. He also faces fines of up to $17.1 million.
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