SHERMAN OAKS MARINE PLEADS NOT GUILTY TO REFUSING ANTHRAX SHOTS.

Byline: Phillip W. Browne Daily News Staff Writer

A U.S. Marine from Sherman Oaks pleaded not guilty Wednesday to charges he refused the anthrax vaccine, one of the first court-martial cases to be prosecuted in a small but growing armed services protest.

Pvt. Roman J. Lezo is one of 14 Marines stationed in Kaneohe, Hawaii, refusing to take the series of six shots, base officials said. Thirteen others have been given administrative punishment, but Lezo faces three serious charges that jeopardize his military future.

Lezo said he believes he is being unfairly prosecuted because he has spoken publicly.

``I didn't join the Marines to get kicked out. I've been told they're trying to make an example out of me,'' Lezo said. ``I dedicated some of the best years of my life to my country and I feel betrayed.''

Base spokesman Maj. Jeff Nyhart said Lezo has been administratively sanctioned for his refusal. But the Marines chose to pursue the case in court because of an additional charge of disobeying an order, not related to the anthrax charges, he said.

``This has nothing to do with him going public,'' Nyhart said. ``It is his right, and I hope he brings that point forth during this hearing.''

If convicted, Lezo faces six months in jail, loss of two-thirds of his pay and a dishonorable discharge with a felony on his record, Nyhart said.

Lezo is charged with disobeying a lawful order from a commanding officer and dereliction of duty. He also faces a charge of failure to obey an order from a noncommanding officer, which is not related to the anthrax case. He said someone ordered him to take off his backpack without identifying himself as an officer.

The Marine's first court date is scheduled for June 11.

Lezo's hearing comes as debate over the vaccine's effects mount, with more than 200 troops choosing punishment or resignation rather than take the vaccine.

Once a lance corporal with a secret security clearance, Lezo has already been demoted, given extra duties, been confined to his barracks and lost half of his pay prior to Wednesday's hearing.

Earlier this month, a Marine at the Twentynine Palms Air Ground Combat Center was court-martialed, sentenced to 30 days in the brig and given a bad-conduct discharge. Nineteen other Marines there face court-martials and five others have received administrative punishment, according to the Pentagon.

Anthrax is a bacterium used as a biological warfare agent - considered the deadliest ever developed - with a 90 percent fatality rate if left untreated.

Since the Food and Drug Administration approved the vaccine in the 1970s, no long-term effects have been reported, said Virginia Stephanakis, spokeswoman for the Army Surgeon General's Office at the Pentagon. As of Wednesday, only 50 of the 273,000 vaccinated troops have suffered short-term side effects.

CAPTION(S):

photo

Photo: Lezo