Dr. Thomas Campbell Butler On Sunday, 19 October 2003, CBS 60 Minutes aired a segment titled
"The Case Against Thomas Butler," a world renowned Texas Tech scientist accused of lying to the FBI about bubonic plague samples he reported missing from his lab. Here's an excerpt from the CBS website's summary:
Quote:(CBS) Early this year, government investigators, who have yet to determine who was responsible for the anthrax attacks, were faced with another scare with another possible bio-terrorism weapon: deadly bubonic plague.
This scare involved 30 vials of the plague bacteria that had disappeared from a research laboratory.
There had been intelligence reports that Osama bin Laden had an active program to weaponize plague for use in the United States. And so, when the 30 vials turned up missing from the laboratory of a world-renowned scientist at Texas Tech in Lubbock, the president was briefed, and a full-scale investigation was launched.
The scientist is Dr. Thomas Butler, who was working on a new antidote for plague when he discovered the 30 vials missing from his lab. Butler gives his only interview to Correspondent Lesley Stahl.
Butler feared the vials were stolen. "It was my leading concern," he says.
He reported to university officials that the vials were missing, and in no time, 60 FBI agents showed up. Butler was questioned for nine hours, and his lab and his home searched thoroughly. After finding no evidence of a break-in, the FBI concluded there had been no theft and honed in on Butler.
"They presented me with their evidence of the investigation that pointed to only one possibility, and that was accidental destruction," says Butler.
Butler says if he had destroyed the vials, he'd remember, which he didn't. But he says the FBI pressed him anyways to sign a statement that he had "accidentally destroyed" the vials -- and that he had done so long before he reported them missing. In other words, that he had lied.
"They told me that I would not be charged if I were able to confirm the accidental destruction," says Butler.
He says they told him if he signed a confession, he could go home, case closed. So he signed, even though no attorney was present. But instead of going home, Butler was hauled off to jail in handcuffs and leg irons. The charge? Lying to the FBI.
"I was tricked and deceived by the government. I feel I was naïve to have trusted them and the assurances they gave me," says Butler.
"They wanted to conclude the investigation and, they told me, reassure the public that there was no danger to the public."
Today, at 61, Butler's long and distinguished career is in ruins. He's a physician, a professor, and perhaps the nation?s leading researcher on plague.
"I was working with a specific antibiotic called gentimycin, which our FDA wants, if effective in plague, to add to the national stockpiles for use in a possible bio-terrorist attack," says Butler.
What the web version of this story doesn't mention is that Dr. Butler's "confession" was obtained following a polygraph interrogation by FBI Special Agent Dale Green.
The interrogation tactics of pressure and false promises that Dr. Butler alleges appear to be consistent with federal polygraph practice, as documented in the Department of Defense Polygraph Institute's Interview & Interrogation handbook (5.2 mb PDF):
http://antipolygraph.org/documents/dodpi-interrogation.pdf A 25 September 2003 article by Associated Press writer Betsy Blaney suggests that the FBI also used sleep deprivation tactics against Dr. Butler. And although it is generally accepted in the polygraph community that a polygraph examination should not be conducted after a suspect has been subjected to intensive interrogation, that didn't stop FBI polygraph operator Dale Green, who polygraphed Dr. Butler after 10 hours of prior interrogation. Blaney's article, titled "Judge denies defense motion to suppress statement ," was published in the San Angelo
Standard-Times and is cited here in full:
Quote:LUBBOCK, Texas- A federal judge on Thursday refused to suppress a statement given to authorities by Dr. Thomas C. Butler, the Texas Tech University professor who reported vials of plague bacteria stolen from his laboratory.
In Butler's statement, he admitted a "misjudgment" in not telling his supervisor that 30 vials of bacteria he had reported missing in January had been "accidentally destroyed."
His defense attorney contended that the statement was coerced after nearly 24 hours of interrogation, and a lack of sleep and food. But a judge ruled Thursday that there was no evidence of coercion.
Butler, who is free on $100,000 bond until his Nov. 3 trial, declined to comment as he left the courtroom after the hearing on whether to suppress the statement.
He faces 69 counts stemming from the investigation that began shortly after he reported 30 vials of the plague bacteria stolen from a university lab. The report, coming amid public worry over biological attack, triggered a terrorism-alert plan and prompted the FBI to rush dozens of agents to this West Texas city.
During the hearing, FBI agent Dale Green testified that he told Butler to go home and get some rest after a Jan. 15 polygraph test, and that Butler never claimed to be hungry or tired. The polygraph came after Butler was questioned for more than 10 hours about his report of missing vials.
Green testified that he told his supervisor he had sent Butler home to rest. A short time later, agents went to Butler's house and got his consent to search his car and home. They finished at about 5:30 a.m. At 10 a.m. agents returned to take Butler for more questioning
"They went (to conduct the search) for one purpose: to keep him up," defense attorney Chuck Meadows said. "It's beyond belief that that agent in charge didn't know exactly what he was doing."
Green also testified that Butler showed "red flags" that indicated he was deceiving authorities about the whereabouts of the missing vials during the first of two polygraph tests.
Butler spoke in a "very monotone voice" when he said the vials could have been stolen by "a student or terrorist or someone from the cleaning crew," Green testified. "He had no fear or worries about this at all."
Results from the polygraph led Green to believe Butler was lying, and when he returned the following morning Green told him so.
"He smiled," Green testified. "That's someone who realizes the game is up."
After further questioning, Butler admitted to accidentally destroying the vials, Green testified.
But in their motion to suppress the statement, defense attorneys wrote that federal agents "manipulated Dr. Butler into agreeing to the FBI's suggestion that he accidentally destroyed the vials."
Butler is accused of smuggling samples of plague bacteria from Tanzania, illegally transporting them within the United States and abroad, and then lying about it to authorities. He was indicted this month on charges that allege theft, embezzlement and fraud.
If convicted on all counts, Butler could spend the rest of his life in prison and face $17.1 million in fines.
He remains on paid administrative leave from Tech, but has been notified by school officials that his dismissal has been recommended.
After U.S. District Judge Sam Cummings made his ruling, Floyd Holder, another of Butler's team of attorneys, declined to comment. Assistant U.S. Attorney Dick Baker also declined to comment.
Note that the judge's finding that "there was no evidence of coercion" is the natural result of the FBI's deliberate practice of ensuring that no such evidence is created. The FBI follows the insidious practice of not recording polygraph interrogations, which prevents documentation of abusive interrogations from ever being aired in a court of law. It is high time that the FBI ended this shameful practice and began routinely recording all interrogations (whether or not a polygraph is used).
The
case docket further indicates (at #147 dated 2 October 2003) that the government was successful in convincing Judge Sam R. Cummings to withhold the FBI's polygraph manual from the defense:
Quote:ORDER AFTER FBI POLYGRAPH MANUAL IN CAMERA REVIEW as to Thomas Campbell Butler : Court FINDS no inconsistencies in Agent Greens' testimony when compared with the contents of the Manual that would constitute inconsistent statements or other material which would constitute impeachment material. The Court FURTHER FINDS that the FBI Polygraph Manual does not contain Brady material, is classified "Secret" and is not subject to disclosure to the defense. Accordingly, the Government does not have to provide the FBI Polygraph Manual to the defense. It is Ordered that the FBI Polygraph Manual be returned to the custody of FBI Special Agent Dale Green. It is Further Ordered that the Clerk provide a copy of this "Order After FBI Polygraph Manual In Camera Submission" to prosecution and defense counsel. Copies to all counsel of record. (Signed by Judge Sam R Cummings on 10/2/03) (klw, ) (Entered: 10/02/2003)
Dr. Butler has received widespread support from the scientific community, which is aghast at the government's behavior in this case. See, for example, the Federation of American Scientists' "In Support of Dr. Thomas Butler" page, which includes case documentation:
http://www.fas.org/butler/