6A Thursday, March 7, 1996 NATION/WORLD UNIVERSITY DAILY KANSAN Congress examines germ-by-mail debate Physicians worry legislation could hamper research The Associated Press WASHINGTON — Outrage about reports that deadly germs can be bought by mail collided with congressional concern yesterday that too much regulation would hinder research. "We're talking about a terrorist age ... where people don't value human life anymore," said Sen. Orrin Hatch, R-Utah, chairman of the Senate Judiciary Committee. The committee is considering legislation that would impose criminal penalties and more regulation on the transfer of disease-causing microorganisms, such as the one causing bubonic plague. But after listening to representatives of laboratories that handle such pathogens warn that too much regulation could disrupt physicians' diagnostic abilities nationwide, Hatch changed his approach. "We don't want to mess up your important work," he said. "We want to move in an intelligent way ... make sure we don't make matters worse." The legislation is being proposed by Democratic Reps. Joseph Kennedy and Edward Markey of Massachusetts and Republican Rep. John Kasich of Ohio. Kennedy said the legislation adding criminal penalties probably would be added to the anti-terrorism bill to be debated on House floor next week. "The bill responds to several recent incidents in Ohio, Minnesota and Mississippi where fringe groups were able to acquire dangerous viruses, pathogens and toxins but fortunately were stopped before a domestic terrorism incident occurred," Kennedy said. In Ohio, self-proclaimed white supremacist Larry Wayne Harris, 43, was accused of illegally obtaining bubonic plague bacteria through the mail. He pleaded guilty to one count of wire fraud in November. American Type Culture Collection, a laboratory in Rockville, Md., said it sent Harris the bacteria because lab officials thought he was certified to handle it. But they became suspicious and contacted authorities who seized the freeze-dried bacteria before it could be reconstituted. The lab has distributed 59 samples of that substance in the last six years, said Kaye Sloan Breen, lab representative. Harris originally faced additional wire and mail fraud counts, but Hatch noted other criminal charges were not possible. "Even these charges would not have been possible if the purchaser had not sent a false statement on the letterhead of a nonexistent laboratory stating that the laboratory assumed responsibility for the shipment as the seller had required." Hatch said. The proposed legislation would impose mandatory penalties on anyone who knowingly develops, transfers, possesses or tries to illegally acquire any biological agent, toxin or delivery system for use as a weapon. It also would impose such penalties on anyone knowingly trying, conspiring or threatening to use such systems as a weapon, and would make threatening to use a biological weapon to kill or injure someone a criminal offense. Supporters, family claim racism in New Year's Day shooting The Associated Press ERIE, Pa. — When he heard about the stray bullet that picked 14-year-old Emily Perilla out of a New Year's Eve crowd, Eugene Ott scraped together $475 to help pay her medical bills. A month later he learned his only son, Reggie Ott, had fired the bullet into the air from almost a mile away. Now, Eugene Ott and others in Erie's small Black community are accusing prosecutors of racism for pursuing charges so severe that Reggie Ott could get 32 years in prison. Reggie Ott, 21, is black; Perilla is white. On New Year's Eve, while Perilla and her family watched fireworks on Perry Square, Reggie Ott "It seems that every time there is a case of this sort they use a Black minority to make an example," said the Rev. Herlies Murphy, pastor of the Community Missionary Baptist Church. attended a house party. He and fellow revelers fired their guns into the air shortly before midnight in a New Year's tradition police have tried to discourage. The bullet that struck Perilla burrowed six inches into her brain and stopped at the base of her skull. A ballistics test traced the bullet to Reggie Ott's gun, which was found when he and a friend were arrested last month for car theft. In a videotaped interview with police, Reggie Ott admitted firing his nine mm handgun. "It was New Year's, you know," he said on the videotape. "I just wanted to shoot off my gun. I just pointed straight in the air." At a preliminary hearing last week, Gary Nemenz, the fiance of Perilla's mother, Doris, recalled the night the girl was wounded. "We were watching the fireworks, and I heard a little noise that just didn't sound right to me," Nemenz said. "I tried to catch her, and I didn't get there in time." Perilla now walks with a cane, but her doctor expects her to make almost a complete recovery. Reggie Ott is in jail, charged with aggravated assault, reckless endangerment, possessing an instrument of crime, carrying a firearm without a license and discharging a firearm within city limits. His $80,000 bail was reduced to $25,000, but his family can't raise the money. to drop all but the firearms charges, which are misdemeanors. Eugene Ott said he wondered how authorities could believe Reggie Ott had intended to hurt Perilla and how they could press so many charges, especially aggravated assault. Erie County, population 275,000, is 5 percent Black. 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