[News] Grand Jury resister update
News at freedomarchives.org
News at freedomarchives.org
Thu Sep 23 08:56:41 EDT 2004
Update on Allison Watson
The perjury charges against me have been dismissed.
I would like to thank all those people who have supported me
in my legal battles with the Federal Prosecutors office in
Seattle. Although I was never myself a target for investigation for any
crime, I was being prosecuted for exercising my rights under the 1st
Amendment of freedom of association. You see, people that I know were
targets of an investigation where there was so little evidence that the
prosecutors had not laid any charges but were fishing for information.
I dont trust my government and there is valid historical
reason for not trusting my government. I remember the lessons
of the Hollywood black lists and how careers and lives were
destroyed because people were intimidated into giving
information on their friends and family. Today answering that
someone is a vegan, a member of an animal rights or
environmental organization means that you could be providing
information that would cause problems for other people.
Questions like; are you now or ever been a member of an animal
rights organization or an environmental group. The House of
UnAmerican Activities demonstrated very vividly just how
un-American such questioning is.
I would never and will never answer any question of any
Grand Jury without my constitutional right of legal representation, a right
that was denied to me by the federal prosecutors in Seattle. This is not
about cooperation in the interest of society. This is about cooperating
with a system that is working overtime to deprive all Americans of the rights
guaranteed to us by that most noble of proclamations the
Constitution of the United States of America. I would rather
die or be imprisoned than to diminish the rights established
in that document and defended by brave patriots for over two
hundred years.
The bottom line is this; the government of the United States
of America has no right to intimidate, harass, persecute and
harangue its citizens to provide information that will lead to
the deprivation of rights to other citizens or oneself for
political reasons. The fact is that the present administration
of the United States has declared war on both the environmental and animal
rights movements. There is a political and career enhancing motivation by
federal prosecutors to bring animal rights and environmental activists to
trial. The administration wants heads and the federal prosecutors are
striving to collect those heads.
For more than two years, the U.S. Department of Justice has
been harassing me. They did not bother to explain their reasons to me. Big
Brother apparently does not need reasons. I was first called in to be
finger-printed. I was not arrested but subpoenaed. I was brought in again
to give hand-writing samples. I was brought in again to give fingerprints a
second time. I was called into the Grand Jury only to be told to come back
again at another time. Two years of being subpoenaed and called in and
appointments cancelled, and then subpoenaed again, without a reason given.
The idea of course is to make someone believe he or she is being
investigated for a crime without telling them that they are or are not,
without being specific. Always vague, always demanding, and always
intimidating.
When I was compelled to appear before the grand jury, I was told that I
would have no right to a lawyer to counsel me during questioning. I pleaded
the Fifth Amendment. In response I was ordered before a Judge who told me I
could not invoke the Fifth Amendment, after all, my name is not Oliver
North. I was than brought before the Grand Jury where I promptly pleaded
the First Amendment specifically concerned with the clause; nor shall be
compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law. Being
denied counsel is a denial of due process. I pleaded the 1st amendment
citing that the government had no right to question me about my freedom of
association with other persons. Again the Judge ordered me to answer the
questions of the Grand Jury and stated that the 1st Amendment was not valid
to protect me against questions aimed at chilling my right to be an
activist. I answered questions, but, as the transcript of my
hearing reveals, the prosecutors bullied, intimidated and tricked me in a
way that they believed they could bring perjury charges against
me. Ultimately, the government dropped the charges because we intended to
prove how unfairly they treated me. Also, critical evidence to demonstrate
the unfairness of the process and the prosecutors questioning of me had
been destroyed.
According to the Seattle Post Intelligencer:
The government dropped the perjury charge Thursday after failing to produce
transcripts of conversations within the Grand Jury room before and after
Watson testified.
It happened by accident totally inadvertent. Said Assistant U.S.
Attorney Mark Bartlett who explained that the documents were thrown out as
the office was getting ready to move to the new federal courthouse.
Bartlett said that an employee threw out roughly ten years of paper tapes
containing transcripts of grand jury proceedings in which witnesses were
not present in the belief that there were electronic discs containing the
same information.
The Post Intelligencer also reported:
Seattle attorney Angelo Calfo sought to defend his client by showing that
the prosecutor, Assistant U.S. Attorney Andrew Friedman, had constructed a
perjury trap, by tricking her into committing perjury. To further his
argument, Calfo successfully sought an order from U.S. District Judge
Marsha Pechman requiring the U.S. Attorneys office to produce transcripts
of conversations in the grand-jury chambers made before and after Watson
testified.
This could not be done because the transcripts had been destroyed.
Thursday, prosecutors dropped the perjury charges against Watson, which if
she had been found guilty, could have brought her five years in prison and
a $250,000 fine.
This was in fact a precedent set because the Judge ordered the Federal
Prosecutors office to provide depositions from the principles in
attendance at the Grand Jury. The Federal Attorneys office chose not to
provide these depositions and instead dismissed the charges.
The Post Intelligencer went on to report:
Calfo said Watson was ordered back before the Grand Jury last Thursday, but
refused to answer questions.
Said Calfo: Her position was: I was called before the Grand Jury and
falsely accused of perjury in a situation where I felt I was tricked. I
dont feel its fair to require me to continue to cooperate under these
circumstances.
I was then charged with contempt and plead guilty to the charge on the
understanding that it would be a misdemeanor conviction and not a felony
and I will not have a probationary period. I could go to jail for a maximum
of 6 months. I was ordered to appear for sentencing on November 17, 2004.
Having failed to prosecute me for perjury and having failed to
intimidate me into cooperation with their Grand Jury, the Federal
Prosecutors office turned their attention on animal right activist and my
best friend Gina Lynn. Gina Lynn is a very outspoken animal rights activist
but she is not a criminal.
Thus the witch hunt continues by the Federal government to hunt down people
suspected of defending the environment and protecting the lives of animals
from cruelty and violence.
This is a strange nation indeed where terrorism is daily practiced on
defenseless creatures, where eco-systems are plundered and turned into
wastelands, where killing and destruction is defended in the name of
profits and where compassionate people are the object of persecution for
the crime of association with a movement that is attempting to stop the
killing, the injuries, the tortures and the damage to wetlands, forests,
lakes, rivers and the oceans.
I will be working to try and get my sentence minimized. The maximum is six
months for contempt but I could receive a lighter sentence by the
sentencing judge. It is worrying for me because I have an elderly mother
that, as the only child, I am taking care of and I have obligations to my
dogs, cats and to the work of the Sea Shepherd Conservation Society.
Letters of support would be very helpful. I would like to request that
people who have supported me write a letter appealing to the Judge to
consider my need to take care of my mother and to continue my work for the
environment and for animals.
And finally, thank you all who donated to my defense fund. Without your
support, I would have been railroaded by the prosecutors into being
convicted of an unjust perjury charge which may have seen me incarcerated
for up to five years.
In this respect, we have won. The federal prosecutors failed to send me to
prison for perjury, failed to convict me of a felony, and failed to
intimidate me into cooperation with their witch hunt.
For that I thank you very, very much.
Allison Lance Watson
Please send letters to:
The Honorable Monica Benton
c/o Angelo J. Calfo
Yarmuth Wilsdon Calfo
2500 IDX Tower
Seattle, WA 98104
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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