[News] Federal grand jury underway in Eugene

[News at freedomarchives.org]

No right to legal representation? No right to free association? No right to 
remain silent?
You’ve been subpoenaed to a grand jury.

FOR IMMEDIATE RELEASE
AUGUST 13, 2004

A joint communication from Break The Chains, Cascadia Media Collective and 
Eugene Peaceworks

Subject: Federal grand jury underway in Eugene

A new spate of federal grand juries have been called to investigate 
“radical” environmentalists throughout the Pacific Northwest. In Eugene, 
authorities are using the highly controversial Romania fire that burned 35 
SUVs in 2001 as a catalyst for gathering general information about local 
dissidents. Grand juries are a coercive, archaic practice that target 
vulnerable people and should not be welcomed in our community.

Grand juries are a holdover from English Common Law that operate outside of 
the “freedoms” granted by the US Constitution and the Bill of Rights. They 
are used by the federal government to seek an indictment when they lack a 
suspect and/or evidence. They are sweeping in both scope and design and use 
the threat of incarceration to compel those subpoenaed to answer all 
questions put before them. If a person refuses to answer even one question 
they can be held in contempt.

For nearly a century activists have accused the federal government of using 
grand juries as a tool to quell dissent. Grand juries serve to disrupt the 
cohesiveness of group, generate internal fear and discourage new people 
from getting involved, thus preventing such groups from being effective in 
opposing government policies. In a time when the federal government 
continues to broaden the scope of who and how they are allowed to 
investigate – and in a time of “you are either with us or against us” – the 
need to resist such an intrusion on individual autonomy seems clear.

People who choose to resist the grand jury do not inherently have something 
to hide. In fact, resisting the grand jury is often a matter of principle 
and an effort to protect others from unwarranted governmental intrusion. If 
people choose to resist this current grand jury, they will have our support.

We encourage you to learn more about the current grand jury and the grand 
jury process by attending “Stop the Grand Jury” on August 18th and by 
contacting our organizational spokespeople.

STOP THE GRAND JURY: A public event and benefit

Wednesday, August 18th, 7pm at Sam Bond’s Garage $5

Speakers, information, and musical performances by Los Mex Pistols, The 
Happy Bastards, and others TBA.

_________________________________________________________________________

For local information: Brendan Avakian, Member of Break The Chains 
anti-repression and prisoner advocacy organization, (541) 343-7828

For general information about grand juries: Melinda Power, Attorney and 
Member of the National Lawyers Guild, (773) 278-6706

Background information:

Coercive Injustice
Local moms subpoenaed by federal grand jury
BY LISA IGOE, Eugene Weekly, May 13, 2004

Mother's Day greetings were delivered early this year to three local moms — 
with love from the federal government. In lieu of cards, FBI agents 
hand-delivered subpoenas — demanding that the women comply with the most 
coercive of judicial investigations: the grand jury.

Jennifer Woodruff and Twiga May-Whittier have been subpoenaed as part of an 
ongoing investigation into the Romania auto arson that brought Carla 
Martinez and other activists before the grand jury more than two years ago 
(see 
<http://www2.eugeneweekly.com/2002/01_17_02/coverstory.html>EW<http://www2.eugeneweekly.com/2002/01_17_02/coverstory.html> 
archives 1/17/02). Heather Whitney, the mother of a newborn, has been 
subpoenaed to testify as a witness in Seattle as part of an investigation 
the Washington US Attorney vaguely referred to as crimes committed in the 
name of animal rights and/or environmentalism.

When a District Attorney lacks evidence to indict an individual for a 
specific crime, or when they have no idea who might have been involved in a 
case they want to prosecute, they can convene a grand jury. A grand jury 
creates the opportunity for federal agents to turn their guesswork into 
possible evidence with the goal of securing an indictment — even if the 
evidence is flimsy and circumstantial. The side effect is what activists 
have referred to as a political fishing expedition; through questioning of 
witnesses, federal agents are able to uncover a road map of personal 
relationships within a targeted community for future use.

But, according to Assistant US Attorney Kirk Engdall, activists 
misunderstand the role of the grand jury. "I think that they are 
misinformed. They don't know the history or the purpose of the grand jury. 
They misunderstand the process," he claims. He defines the grand jury as "a 
secret proceeding that avails itself to investigate criminal conduct with 
the interest of protecting those who are subjects of the grand jury."

He adds the secrecy is "to protect the innocent."

When questioned by a grand jury, one's Fifth Amendment right becomes null 
and void. In its place, the court can grant a special form of "immunity" 
under which a prosecutor is not supposed to use a person's testimony 
against them. Immunity then compels a person to continue answering 
questions, and if they choose to continue to plead the Fifth, they can be 
jailed for an indefinite amount of time.

"Grand juries have a history of targeting who they perceive as the most 
vulnerable to coercive interrogation," says Steven Heslin, Copwatch 
activist and media liaison for the mothers who've been subpoenaed.

"Simply put, they have two options: They can resist the grand jury and risk 
being jailed and separated from their children or they can comply with a 
modern day witch hunt that compromises their values and at least six 
constitutional rights."

But, according to government attorney Engdall, whether a person is a mother 
is "irrelevent. The grand jury doesn't target people based on their 
economic or social status. It invites people to come and present 
documentation or testimony concerning a criminal investigation," he says.

Those subpoenaed would disagree. "I lose the right to make the decision to 
not participate in the process because it is directly detrimental to the 
health of my baby," says Whitney. "If I can't breastfeed my child, she'll 
be denied vital nutrients she can't get from formula — so, no matter what, 
she's the one at the highest risk in this process."

"I can only wonder why they would call single mothers to testify," 
questions Woodruff. "I feel as though it is because we have so much more at 
stake and that is one of the dirtiest, most unethical things that a 
government can do to its own people."

Lisa Igoe is a freelance writer, a member of Cascadia Media Collective and 
a frequent contributor to Eugene Weekly.

(Note: On June 17th three women appeared before the grand jury. One woman 
testified, two plead the 5th and 1st amendment, one being a single mother. 
They were let go and are currently awaiting the next step in the process, 
at which point a judge will decide whether to order the two women to 
testify. If the women continue to refuse, they could go to jail.)



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