Thursday, April 22, 2010

The Wrong Man

In the fall of 2001, a nation reeling from the horror of 9/11 was rocked by a series of deadly anthrax attacks. As the pressure to find a culprit mounted, the FBI, abetted by the media, found one. The wrong one. This is the story of how federal authorities blew the biggest anti-terror investigation of the past decade—and nearly destroyed an innocent man. Here, for the first time, the falsely accused, Dr. Steven J. Hatfill, speaks out about his ordeal.

By David Freed

Image credit: Melissa Golden/Redux


The first anthrax attacks came days after the jetliner assaults of September 11, 2001. Postmarked Trenton, New Jersey, and believed to have been sent from a mailbox near Princeton University, the initial mailings went to NBC News, the New York Post, and the Florida-based publisher of several supermarket tabloids, including The Sun and The National Enquirer. Three weeks later, two more envelopes containing anthrax arrived at the Senate offices of Democrats Tom Daschle and Patrick Leahy, each bearing the handwritten return address of a nonexistent “Greendale School” in Franklin Park, New Jersey. Government mail service quickly shut down.

The letters accompanying the anthrax read like the work of a jihadist, suggesting that their author was an Arab extremist—or someone masquerading as one—yet also advised recipients to take antibiotics, implying that whoever had mailed them never really intended to harm anyone. But at least 17 people would fall ill and five would die—a photo editor at The Sun; two postal employees at a Washington, D.C., mail-processing center; a hospital stockroom clerk in Manhattan whose exposure to anthrax could never be fully explained; and a 94-year-old Connecticut widow whose mail apparently crossed paths with an anthrax letter somewhere in the labyrinth of the postal system. The attacks spawned a spate of hoax letters nationwide. Police were swamped with calls from citizens suddenly suspicious of their own mail.



Video: The author and Steven Hatfill speak with The Today Show’s Matt Lauer

Americans had good reason to fear. Inhaled anthrax bacteria devour the body from within. Anthrax infections typically begin with flu-like symptoms. Massive lesions soon form in the lungs and brain, as a few thousand bacilli propagate within days into literally trillions of voracious parasitic microbes. The final stages before death are excruciatingly painful.As their minds disintegrate, victims literally drown in their own fluids. If you were to peer through a microscope at a cross-section of an anthrax victim’s blood vessel at the moment of death, it would look, says Leonard A. Cole, an expert on bioterrorism at Rutgers University, “as though it were teeming with worms.”

The pressure on American law enforcement to find the perpetrator or perpetrators was enormous. Agents were compelled to consider any and all means of investigation. One such avenue involved Don Foster, a professor of English at Vassar College and a self-styled literary detective, who had achieved modest celebrity by examining punctuation and other linguistic fingerprints to identify Joe Klein, who was then a Newsweek columnist, as the author of the anonymously written 1996 political novel, Primary Colors. Foster had since consulted with the FBI on investigations of the Unabomber and Atlanta’s Centennial Olympic Park bombing, among other cases. Now he was asked to analyze the anthrax letters for insights as to who may have mailed them. Foster would detail his efforts two years later in a 9,500-word article for Vanity Fair.

Surveying the publicly available evidence, as well as documents sent to him by the FBI, Foster surmised that the killer was an American posing as an Islamic jihadist. Only a limited number of American scientists would have had a working knowledge of anthrax. One of those scientists, Foster concluded, was a man named Steven Hatfill, a medical doctor who had once worked at the Army’s elite Medical Research Institute of Infectious Diseases (USAMRIID), which had stocks of anthrax.

On the day al-Qaeda struck the World Trade Center and the Pentagon with hijacked jetliners, Hatfill was recovering from nasal surgery in his apartment outside the gates of Fort Detrick, Maryland, where USAMRIID is housed. We’re at war, he remembers thinking as he watched the news that day—but he had no idea that it was a war in which he himself would soon become collateral damage, as the FBI came to regard him as a homegrown bioterrorist, likely responsible for some of the most unsettling multiple murders in recent American history. His story provides a cautionary tale about how federal authorities, fueled by the general panic over terrorism, embraced conjecture and coincidence as evidence, and blindly pursued one suspect while the real anthrax killer roamed free for more than six years. Hatfill’s experience is also the wrenching saga of how an American citizen who saw himself as a patriot came to be vilified and presumed guilty, as his country turned against him.

“It’s like death by a thousand cuts,” Hatfill, who is now 56, says today. “There’s a sheer feeling of hopelessness. You can’t fight back. You have to just sit there and take it, day after day, the constant drip-drip-drip of innuendo, a punching bag for the government and the press. And the thing was, I couldn’t understand why it was happening to me. I mean, I was one of the good guys.”

Don Foster, the Vassar professor, was among those who set the wheels of injustice in motion. Scouring the Internet, Foster found an interview that Hatfill had given while working at the National Institutes of Health, in which he described how bubonic plague could be made with simple equipment and used in a bioterror attack. Foster later tracked down an unpublished novel Hatfill had written, depicting a fictional bioterror attack on Washington. He discovered that Hatfill had been in Rhodesia (present-day Zimbabwe) during an anthrax outbreak there in the late 1970s, and that he’d attended medical school near a Rhodesian suburb called Greendale—the name of the invented school in the return address of the anthrax letters mailed to the Senate. The deeper Foster dug, the more Hatfill looked to him like a viable suspect.

“When I lined up Hatfill’s known movements with the postmark locations of reported biothreats,” Foster later wrote, “those hoax anthrax attacks appeared to trail him like a vapor cloud.”

In February 2002, Foster tried to interest the FBI in Hatfill, but says he was told that Hatfill had a good alibi. “A month later, when I pressed the issue,” Foster wrote, “I was told, ‘Look, Don, maybe you’re spending too much time on this.’”

Meanwhile, Barbara Hatch Rosenberg, a passionate crusader against the use of bioweapons, was also convinced that an American scientist was to blame for the anthrax attacks. In an interview with the BBC in early 2002, she theorized that the murders were the result of a top-secret CIA project gone awry, and that the FBI was hesitant to arrest the killer because it would embarrass Washington. A molecular biologist and professor of environmental science who had once served as a low-level bioweapons adviser to President Clinton, Rosenberg had taken it upon herself to look into the anthrax murders, and her investigations had independently led her to Hatfill. (Hatfill says he believes Rosenberg was made aware of him by a former acquaintance, a defense contractor with whom Hatfill had clashed over a proposed counter-anthrax training program intended for the U.S. Marshals Service.) Rosenberg wrote a paper she called “Possible Portrait of the Anthrax Perpetrator,” which was disseminated on the Internet. Although Rosenberg would later deny ever having identified him publicly or privately, the specific details of her “Portrait” made it clear she had a particular suspect in mind: Steven Hatfill.

Foster says he met Rosenberg over lunch in April 2002, “compared notes,” and “found that our evidence had led us in the same direction.” Weeks dragged on while he and Rosenberg tried to interest the FBI in their theories, but the bureau remained “stubbornly unwilling to listen.” Two months later, her “patience exhausted,” Rosenberg, according to Foster, met on Capitol Hill with Senate staff members “and laid out the evidence, such as it was, hers and mine.” Special Agent Van Harp, the senior FBI agent on what by then had been dubbed the “Amerithrax” investigation, was summoned to the meeting, along with other FBI officials.

Rosenberg criticized the FBI for not being aggressive enough. “She thought we were wasting efforts and resources in a particular—or in several areas, and should focus more on who she concluded was responsible for it,” Harp would later testify.

“Did she mention Dr. Hatfill’s name in her presentation?” Hatfill’s attorney, former federal prosecutor Thomas G. Connolly, asked Harp during a sworn deposition.

“That’s who she was talking about,” Harp testified.

Exactly a week after the Rosenberg meeting, the FBI carried out its first search of Hatfill’s apartment, with television news cameras broadcasting it live.

In his deposition, Harp would dismiss the timing of the search as coincidental.

Beryl Howell, who at the time of the investigation was serving as Senator Patrick Leahy’s point person on all matters anthrax, recently told me that asking Harp and other lead agents to sit down with the “quite persistent” Rosenberg was never meant to pressure the FBI to go after Hatfill. The meeting, Howell says, was intended simply to ensure that investigators cooperated with other experts outside the bureau and objectively considered all theories in the case in order to solve it more quickly.

“Whether or not Rosenberg’s suspicions about Hatfill were correct was really not my business,” Howell says. “It was really law enforcement’s prerogative to figure that one out.”

There was enough circumstantial evidence surrounding Hatfill that zealous investigators could easily elaborate a plausible theory of him as the culprit. As fear about the anthrax attacks spread, government and other workers who might have been exposed to the deadly spores via the mail system were prescribed prophylactic doses of Cipro, a powerful antibiotic that protects against infection caused by inhaled anthrax. Unfamiliar to the general population before September 2001, Cipro quickly became known as the anti-anthrax drug, and prescriptions for it skyrocketed.

As it happened, at the time of the anthrax attacks, Hatfill was taking Cipro.

Hatfill’s eccentricity also generated suspicion among colleagues and FBI agents. Bench scientists tend toward the sedate and gymnasium-challenged. Steve Hatfill was a flag-waving, tobacco-chewing weight lifter partial to blood-rare steaks and black safari suits that showed off his linebacker’s physique, a physician with a bawdy sense of humor and a soldier’s ethos, who told stories over cocktails of parachuting from military aircraft and battling Communists in Africa. While few people who knew him could deny his intellect or his passion as a researcher, some found him arrogant and blustery. Others feared him. Even his allies acknowledge that Hatfill could sometimes come across as different. “If you try to link Steve and the word normal, they’re not going to match up,” says Jim Cline, a retired Special Forces sergeant major and anti-terror expert who worked with Hatfill from 1999 to 2002 at Science Applications International Corporation (SAIC), a large defense contractor.

It also happened that Hatfill was familiar with anthrax. He had done his medical training in Africa, where outbreaks of anthrax infections have been known to occur among livestock herds. In 1999, after going to work for SAIC, Hatfill had a hand in developing a brochure for emergency personnel on ways to handle anthrax hoax letters. In the long run-up to Operation Iraqi Freedom, he also oversaw the construction of a full-scale model designed to show invading U.S. troops what a mobile Iraqi germ-warfare lab might look like and how best to destroy it. But while he possessed a working knowledge of Bacillus anthracis, Hatfill had never worked in any capacity with the spore-forming, rod-shaped bacterium.

“I was a virus guy,” he told me, “not a bacteria guy.”

Still, when FBI agents asked to interview him 10 months after the anthrax murders, Hatfill says, he wasn’t surprised. In their hunt for what he believed were the foreign terrorists who had sent the letters, Hatfill assumed that agents were routinely interviewing every scientist who’d ever worked at USAMRIID, including those, like himself, who had never set foot in the high-security laboratory where anthrax cultures were kept. Hatfill answered the agents’ questions and willingly took a polygraph test, which he says he was told he passed.

“I thought that was the end of it,” Hatfill says. “But it was only the beginning.”

In June, agents asked to “swab” his apartment. Hatfill complied, feeling he had nothing to hide. On June 25, 2002, after signing a consent form at the FBI’s field office in nearby Frederick, Maryland, he came home to find reporters and camera crews swarming. TV helicopters orbited overhead. “There’s obviously been a leak,” Hatfill says one of the agents told him. He was driven to a Holiday Inn to escape the crush of news media and sat in a motel room, watching incredulously as a full-blown search of his home played out on national television. The experience was surreal.

Agents conducted a second search five weeks later amid a repeated media circus. This time they came equipped with a warrant and bloodhounds. The dogs, Hatfill would later learn, had been responsible for false arrests in other cases. Hatfill says he innocently petted one of hounds, named Tinkerbell. The dog seemed to like him. “He’s identified you from the anthrax letters!” Tinkerbell’s handler exclaimed.

“It took every ounce of restraint to stop from laughing,” Hatfill recalls. “They said, ‘We know you did it. We know you didn’t mean to kill anyone.’ I said, ‘Am I under arrest?’ They said no. I walked out, rented a car, and went to see an attorney about suing the hell out of these people.”

The FBI raided Hatfill’s rented storage locker in Ocala, Florida, where his father owned a thoroughbred horse farm; the agency also searched a townhouse in Washington, D.C., owned by his longtime girlfriend, a slim, elegant accountant whom Hatfill calls “Boo.” (To guard her privacy, he asked that her real name not be used.) Agents rifled through Boo’s closets and drawers, breaking cherished keepsakes. “They told me, ‘Your boyfriend murdered five people,’” she said to me recently, unable to talk about it without tears.

Hatfill was fired from SAIC. The official explanation given was that he had failed to maintain a necessary security clearance; the real reason, he believes, was that the government wanted him fired. He immediately landed the associate directorship of a fledgling Louisiana State University program designed to train firefighters and other emergency personnel to respond to terrorist acts and natural disasters, a job that would have matched the $150,000 annual salary he’d been getting at SAIC. But after Justice Department officials learned of Hatfill’s employment, they told LSU to “immediately cease and desist” from using Hatfill on any federally funded program. He was let go before his first day. Other prospective employment fell through. No one would return his calls. One job vanished after Hatfill emerged from a meeting with prospective employers to find FBI agents videotaping them. His savings dwindling, he moved in with Boo.

By this time, the FBI and the Justice Department were so confident Hatfill was guilty that on August 6, 2002, Attorney General John Ashcroft publicly declared him a “person of interest”—the only time the nation’s top law-enforcement official has ever so identified the subject of an active criminal investigation. Agents grilled Hatfill’s friends, tapped his phone, installed surveillance cameras outside Boo’s condo, and for more than two years, shadowed him day and night, looking for any grounds on which to arrest him.

Many of Hatfill’s friends, worried for their own reputations, abandoned him as the FBI gave chase. Certain of Hatfill’s innocence, his former colleague Jim Cline was among the few who stood by him, afraid that his increasingly socially isolated friend would kill himself to escape his torment. “When you have the world against you,” Cline says, “and only a few people are willing to look you in the eye and tell you, ‘I believe you’—I mean, to this day, I really don’t know how the guy survived.”

Virtually everywhere Hatfill went, the FBI went too, often right behind him—a deliberately harassing tactic called “bumper locking.” Hatfill believes that local authorities joined in tormenting him at the behest of the Justice Department. Coming home from dinner one Friday night, he was pulled over by a Washington, D.C., police officer who issued him a warning for failing to signal a lane change. Three blocks later, another cop stopped him, again for not using his turn signal. The officer asked if he’d been drinking. Hatfill said he’d had one Bloody Mary. He was ordered out of his car. “Not unless you’re going to arrest me,” Hatfill says he responded indignantly. The officer obliged. Hatfill spent the weekend in jail and would later be ordered to attend a four-day alcohol counseling program. The police, he says, refused to administer a blood-alcohol test that would have proved he wasn’t drunk.

Connolly, Hatfill’s attorney, offered to have Hatfill surrender his passport and be outfitted with a tracking device, to have FBI agents ride with him everywhere, to show them that they were wasting their time. The offer was rejected. “They were purposely sweating him,” Connolly says, “trying to get him to go over the edge.”

Much of what authorities discovered, they leaked anonymously to journalists. The result was an unrelenting stream of inflammatory innuendo that dominated front pages and television news. Hatfill found himself trapped, the powerless central player in what Connolly describes as “a story about the two most powerful institutions in the United States, the government and the press, ganging up on an innocent man. It’s Kafka.”

With Hatfill’s face splashed all over the news, strangers on the street stared. Some asked for his autograph. Hatfill was humiliated. Embarrassed to be recognized, he stopped going to the gym. He stopped visiting friends, concerned that the FBI would harass them, too. Soon, he stopped going out in public altogether. Once an energetic and ambitious professional who reveled in 14-hour workdays, Hatfill now found himself staring at the walls all day. Television became his steady companion.

“I’d never really watched the news before,” Hatfill says, “and now I’m seeing my name all over the place and all these idiots like Geraldo Rivera asking, ‘Is this the anthrax animal? Is this the guy who murdered innocent people?’ You might as well have hooked me up to a battery. It was sanctioned torture.”

Hatfill decided to redecorate Boo’s condo as a distraction from the news. He repainted, hung wallpaper, learned to install crown molding. He also began drinking.

An afternoon glass of red wine became three or more. At night, Hatfill would stay up late, dipping Copenhagen tobacco and getting drunk while waiting in a smoldering rage for his name to appear on television, until finally he would pass out and wake up gagging on the tobacco that had caught in his throat, or stumble around and “crash into something.” Boo would help him to bed. After a few anguished hours of sleep, Hatfill would see her off to work, doze past noon, then rise to repeat the cycle, closing the blinds to block the sun and the video camera the FBI had installed on a pole across the street. For a while, Boo bought newspapers, so the two of them could fume over the latest lies that had been published about him. But soon he asked her to stop bringing them home, because he couldn’t take it anymore.

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