http://www.newbernsj.com/Details.cfm?StoryID=9369

Run Date: 06/10/2003
Marine pleads not guilty in anthrax vaccination case
By Eric Steinkopff/Freedom ENC
 

JACKSONVILLE -- A Marine pleaded not guilty Monday to a charge that he disobeyed a lawful order when he refused, for religious reasons, an anthrax vaccination, but a military judge said religious beliefs could not be used as evidence in the case.

First Lt. Erick Enz, a CH-46 Sea Knight pilot with New River Air Station's Marine Medium Helicopter Squadron 162, Marine Aircraft Group 29, was arraigned in a general court-martial at New River Air Station.

He refused the Department of Defense-mandated vaccination on Dec. 2 and again following a formal written order to take the shot on Dec. 13 and Dec. 17. If Enz is found guilty, he faces a maximum penalty of two years in jail, forfeiture of all pay and allowances, and a bad conduct discharge.

The vaccine has been the subject of discussion since its widespread use during operations Desert Shield and Desert Storm in the early 1990s and again during the war in Iraq this year. Some critics of the vaccine say it causes serious side effects, although some military experts insist that it's safe.

But Enz, a Christian, objected to the vaccine on religious grounds, as have other military personnel.

But his defense team was dealt a major setback even before his July 7 trial was scheduled to begin. Military judge Lt. Col. Martin H. Sitler, standing in for judge Col. Steven Day, reminded Enz of Day's prior ruling that the anthrax vaccine order was appropriate.

"Colonel Day ruled it was a lawful order," Sitler said. "Religious beliefs would not be lawful evidence."

Maj. Stephen Neuman, Enz's lead defense attorney, said that because of the judge's ruling against the introduction of a religious objection, "we are unable to present a defense, and it prevents the right to due process."

Sitler said Day, barring unforseen circumstances, would likely be presiding over the remainder of the case.

Enz requested a trial by a jury of at least five service members, all of whom must be senior to the accused. Although an exact date was not released for jury selection, it would likely begin in the next few weeks.

Cherry Point officials said they were unaware of any other such cases of Marines or sailors in their command who refused to take the anthrax shot.

"This is the only one I know of in the 2nd Marine Aircraft Wing," said Cherry Point spokesman Capt. Bruce Frame.

Cherry Point is the headquarters of the 14,800-member 2nd MAW, which includes units at New River Air Station and Beaufort Air Station in South Carolina.

The last local Marine to be prosecuted for refusing the anthrax vaccination was Sgt. James Muhammad of 8th Communication Battalion, II Marine Expeditionary Force, at Camp Lejeune.

Muhammad reportedly declined taking the shot because his Muslim beliefs prevent him from knowingly introducing anything that might be unhealthy into his body.

On April 9, he was found guilty of willfully disobeying a superior commissioned officer, but in a lesser special court-martial and was sentenced to 60 days confinement, reduction to the rank of private and a bad conduct discharge.