Grand jury launches anthrax probe

Thursday, Feb. 26, 1998 | 10:03 a.m.

Witnesses began testifying Wednesday before a federal grand jury investigating last week's anthrax scare.

Assistant U.S. Attorney L.J. O'Neale is spearheading the probe, which is focusing on the circumstances that led to the Feb. 18 arrests of Larry Wayne Harris and William Job Leavitt at a Henderson clinic.

FBI agents seized a substance they believed was deadly anthrax from the two men, touching off a biological terrorism scare that attracted worldwide headlines. But tests later found the substance to be a harmless veterinary vaccine, and the charges against both men were dropped.

The Justice Department, however, vowed to continue the investigation, and Wednesday, the federal grand jury began calling witnesses.

First Assistant U.S. Attorney Howard Zlotnick refused to confirm the grand jury inquiry.

But among those testifying Wednesday were Dr. Daniel Fuller Royal, who owns the clinic where Harris and Leavitt were arrested, and Bob James, who runs a fire protection service for Leavitt.

Royal told the SUN he appeared for about 45 minutes before the grand jury and that he believed the panel was focusing on Harris.

"I personally think they're more interested in finding out about Mr. Harris," he said.

Royal said he has never met Harris but has been collaborating on immune deficiency research with Leavitt since last August.

Harris, 46, a former white supremacist who has an interest in germ warfare, was was convicted in Ohio in 1995 of fraudulently obtaining bubonic plague toxins in the mail.

Late Wednesday night, in a "PrimeTime Live" interview taped before his arrest, Harris told ABC's Diane Sawyer how easily he could obtain lethal bacteria.

Harris contends his sole interest in fatal toxins is to help Americans defend themselves against biological terrorism. But federal agents are concerned about his public statements on the subject that seem to indicate he's capable of mounting a deadly attack himself.

Royal, meanwhile, said he was confident the grand jury will absolve Leavitt of any wrongdoing.

"I don't believe he's done anything wrong," Royal said. "I believe he's innocent and will be exonerated."

Leavitt, a 47-year-old former Mormon bishop, does medical research in Overton, where he is regarded as a civic leader. He has no criminal record.

James, who runs AAA Fire Protection Corp., 3072 Sheridan, for Leavitt, could not be reached for comment.

But sources familiar with his testimony said questions directed at Leavitt's longtime business partner appeared to focus on Harris.

Kirby Wells, one of Leavitt's lawyers, said he believed his client has nothing to fear from the grand jury investigation.

"If people testify truthfully, he's got nothing to be concerned about," Wells said.

On Monday, U.S. Magistrate Robert Johnston, at the request of the Justice Department, dismissed charges of conspiracy and possession of a biological agent for use as a weapon against Harris and Leavitt.

Leavitt is a free man, but Harris still is in federal custody on charges of violating his probation during his trip to Las Vegas. He is awaiting to be transported to Columbus, Ohio to face the charges.

At news conferences, Leavitt has indicated he hired Harris as a consultant to help him test equipment that supposedly kills bacteria.

Leavitt intended to buy the equipment from another medical researcher, Ronald G. Rockwell. But as Leavitt refused to pay Rockwell $100,000 up front in the $2 million deal, Rockwell reportedly went to the FBI with claims that Harris and Leavitt were hauling deadly anthrax through the city.

Rockwell's tip resulted in the arrest of Harris and Leavitt and the collapse of the deal.

Since then, defense lawyers have painted Rockwell, a two-time convicted felon, as a screwball scientist lacking in credibility.

Among other things, Rockwell is interested in doing research on time travel.