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30 October 1998
Source: Fax from Karisa King, The Brownsville Herald. See her reports on the case at the newspaper's Web site. Associated Press report below.

See court docket: http://jya.com/usa-v-wise.htm


United States District Court
Southern District of Texas
FILED

JUL 21 1998

Michael N. Milby
Clerk of Court


                      UNITED STATES DISTRICT COURT
                       SOUTHERN DISTRICT OF TEXAS
                           BROWNSVILLE DIVISION



UNITED STATES OF AMERICA            )
                                    )
	vs.                         )
                                    ) CRIMINAL NO. B 98-415
JOHNIE WISE                         )
JACK ABBOTT GREBE, JR.              )
OLIVER DEAN EMIGH                   )




                           I N D I C T M E N T

THE GRAND JURY CHARGES:

                                 COUNT 1

	From on or about March 24, 1998 to on or about June 30, 1998, in

the Southern District of Texas and within the jurisdiction of the Court, 

Defendants

                                JOHNIE WISE,
                           JACK ABBOTT GREBE, JR., 
                                   and
                             OLIVER DEAN EMIGH

did knowingly and intentionally conspire and agree together and with each 

other to intentionally use and attempt to use a weapon of mass destruction,

namely a biological agent and a weapon involving a disease organism, 

against a person and persons within the United States, the results of 

which use would have a interstate and foreign commerce in violation of 

Title 18, United States Code, 2332a(a)(2)and (c)(2)(C).


                                    1


OVERT ACTS In furtherance of the conspiracy and to effect the objects thE coconspirators knowingly committed the following overt acts: 1. On or about February 10, 1998, an individual who asked that his identity be protected until time of trial, hereafter referred to as the "source", was approached by a person who identified himself and an official of the Republic of Texas (ROT). The "source" was also introduced to OLIVER DEAN EMIGH, who also introduced himself as a member of the ROT. OLIVER DEAN EMIGH and this other person attempted to recruit the "source" into the ROT. 2. On or about April 29, 1998, the "source" was visited by JOHNIE WISE and JACK ABBOTT GREBE, JR. Both men claimed to be members of the ROT. These men requested the "source" find the E-mail addresses of several officials of the United States Government. The following is a list of E-mail addresses requested: a. Chairman of the Internal Revenue Service (IRS) b. All regional IRS offices (E-mail and fax) c. United States Attorney General, Janet Reno d. The Director of the Federal Bureau of Investigation (FBI), Louis Freeh e. The Director of the Central Intelligence Agency (CIA) f. The Director of the United States Drug Enforcement Agency g. Texas Department of Public Safety h. Texas Attorney General i. White House, President Clinton During this meeting JOHNIE WISE and JACK ABBOTT GREBE JR. informed the "source" of their plans to develop a delivery system for a biological weapon to be used against officials of the United States Government. Specifically JOHNIE WISE and JACK ABBOTT GREBE, JR. told him of their plan to convert Bic lighters so that the lighters would propel compressed air instead of propane. They said that the converted lighter would be used to infect people with botulism or rabies; that the lighters would have a hypodermic needle glued to the opening of the lighter where a cactus thorn would be inserted; that this thorn would be infected with some type of disease; and that the thorn could then be shot at individuals, thereby infecting them. 2
["3." not used.] 4. In or about May, 1998 several versions of a document entitled "Declaration of War" were written by OLIVIER DEAN EMIGH. 5. On or about June 1, 1998, JOHNIE WISE and JACK ABBOTT GREBE, JR. provided the "source" with the final draft of the "Declaration of War". This version included a threat to harm federal agents and their families. JOHNIE WISE and JACK ABBOTT GREBE, JR. asked the "source" to figure out a way to send threats, via the E-mail, in a way that could not be traced back to them. 6. On or about June 12, 1998, the "source" advised JOHNIE WISE and JACK ABBOTT GREBE, JR. that he had figured out a way to send threats without the E-mail being traced back to them. That evening JOHNIE WISE and JACK ABBOTT GREBE, JR. came to the "sources" residence and had the "Declaration of War" E-mailed. The "Declaration of War", that was written by OLIVER DEAN EMIGH, was sent to the above listed E-mail addresses. Many of these messages were sent out of state. 7. On or about June 24, 1998, JOHNIE WISE and JACK ABBOTT GREBE, JR. told the "source" that the first person they were going to infect with a biological weapon was Judge Migdalia Lopez (a Cameron County Court-at-Law judge). JOHNIE WISE and JACK ABBOTT GREBE, JR. also discussed placing a surveillance on Judge Lopez to find out where she ate breakfast and shopped. JOHNIE WISE spoke of using the rabies disease to infect Judge Lopez. JOHNIE WISE also said that the delivery system made from the lighters was almost complete. A conversation was had between JOHNIE WISE and JACK ABBOTT GREBE, JR. about the best way to produce botulism. JOHNIE WISE and JACK ABBOTT GREBE, JR. agreed that chicken livers, chicken hearts, and green beans with a little dirt would produce the most deadly toxin. 8. On or about June 26, 1998, JOHNIE WISE and JACK ABBOTT GREBE, JR. again met with the "source" in order to send a more specific threatening E-mail message to officials of the United States Government. The messages were sent out that evening at the direction of JOHNIE WISE and JACK ABBOTT GREBE, JR. One of the messages read as follows: 3
Dear Mr. Louis J. Freeh Your FBI employees and their families have been targeted for destruction by revenge. We the people are extremely mad and will not accept the inequities any longer. Non- tracable (sic), personal delivery systems have been developed to inject bacteria and/or viruses for the purpose of killing, maiming, and causing great suffering. Warn all concerned so that they may protect themselves and be made aware of this threat to themselves and their families. Good Luck! The above listed message was sent to the directors of several governmental agencies, including President Clinton, Director Louis J. Freeh of the Federal Bureau of Investigation, Director John W, Magaw, Bureau of ALcohol, Tobacco, and Firearms, Director Thomas A. Constantine of the Drug Enforcement Administration, Director Rossotti, Internal Revenue Service, as well as the directors of the United States Secret Service, and the United States Customs service. The text for the message sent to the officials was the same, the only difference being the E-mail addresses to where the threats were sent, and the names of the people and the organizations receiving the threats. 9. On or about June 29, 1998, a conversation was had between the "source" and OLIVER DEAN EMIGH. During this conversation OLIVER DEAN EMIGH spoke about the lighters that were to be used as delivery systems to infect people, and spoke about the E-mailed threats. OLIVER DEAN EMIGH also told the "source" that a threat should have been sent to the United States, Department of State. In violation of Title 18, United States Code. Section 2332a(a)(2) and (c)(2)(C). Count 2 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH 4
did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons the United States, namely employees of the President of the United States and their families, the results of which use would have affected interstate and foreign commerce. In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. Count 3 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons within the United States, namely employees of the Bureau of Alcohol, Tobacco and Firearms and their families, the results of which use would have affected interstate and and foreign commerce. In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. 5
Count 4 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons within the United States, namely employees of the Federal Bureau of Investigation and their families, the results of which use would have affected interstate and foreign commerce. In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. Count 5 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons within the United States, namely employees of the Drug Enforcement Administration and their families, the results of which use would have affected interstate and foreign commerce. 6
In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. Count 6 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons within the United States, namely employees of the Internal Revenue Service and their families, the results of which use would have affected interstate and foreign commerce. In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. Count 7 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons within the United States, namely employees of the United States Secret Service and their 7
families, the results of which use would have affected interstate and foreign commerce. In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. Count 8 On or about June 26, 1998, in the Southern District of Texas and within the jurisdiction of the Court, the Defendants JOHNIE WISE, JACK ABBOTT GREBE, JR., and OLIVER DEAN EMIGH did knowingly and intentionally threaten to use a weapon of mass destruction, namely a biological agent and a weapon involving a disease organism, against persons within the United States, namely employees of the United States Custom Service and their families, the results of which use would have affected interstate and foreign commerce. In violation of Title 18, United States Code, Section 2332a(a)(2) and (c)(2)(C) and Section 2. A TRUE BILL: [Blank] _______________________________ FOREPERSON OF THE GRAND JURY JAMES DeATLEY UNITED STATES ATTORNEY [Signature] MERVYN M. MOSBACKER, Assistant United States Attorney 8 [End]


"Source" is named in the court docket: http://jya.com/usa-v-wise.htm

Transcription and HTML by JYA/Urban Deadline.


CNN

http://www.cnn.com/US/9810/30/weapons.case.ap/

Two men convicted in biological weapons case

October 30, 1998

Web posted at: 3:10 a.m. EST (0810 GMT) 

BROWNSVILLE, Texas (AP) -- Two men accused of scheming to 
attack President Clinton and others with cigarette lighters 
equipped with poison-coated cactus needles were convicted 
of sending threatening e-mail. 

Johnie Wise, 72, and Jack Abbott Grebe, 43, were convicted 
Thursday of two counts of sending threatening e-mails -- one 
message to the Internal Revenue Service and one to the Drug 
Enforcement Agency. 

Grebe and Wise were acquitted on one count each of conspiracy 
to use weapons of mass destruction count and five counts each 
of sending threatening messages -- to President Clinton, U.S. 
Customs, the FBI, the Bureau of Alcohol Tobacco and Firearms, 
and the Secret Service. 

They could get life in prison at their Jan. 29 sentencing. 

Prosecutors said Wise schemed to modify a cigarette lighter 
so it would shoot cactus needles coated with toxins such as 
rabies, botulism, anthrax or HIV. 

Defense attorneys called idea 'silly'

Among the men's alleged targets: Clinton, the U.S. and Texas 
attorneys general, and FBI Director Louis Freeh. 

Defense attorneys called the idea "silly" and "cockamamie." 
There was never any evidence that the accused possessed 
biological weapons or tried to develop a deadly lighter. The 
e-mailed threats were vaguely worded and did not discuss the 
lighter or cactus thorns. 

Under federal law, however, the threats were enough for a 
conviction and no biological weapons were needed, prosecutors 
said. 

The men would have carried out their plan to hurt government 
employees and their families if they hadn't been arrested, 
Assistant U.S. Attorney Mervyn Mosbacker said. 

Wise and Grebe were accused of concocting the plan to threaten 
government officials with e-mails. One e-mail, sent June 12, 
was titled "Declaration of War" and a second one, sent June 26, 
said government workers had been "targeted for destruction by 
revenge." 

A third defendant, Oliver Dean Emigh, 63, was acquitted on all 
counts. He was accused of writing the June 12 message, but the 
charges against the men stemmed from the June 26 e-mail.

--

Thanks to D.