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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.