[Ppnews] Winstead Victory: Government Will Not Seek Rehearing

Political Prisoner News ppnews at freedomarchives.org
Mon Jan 29 13:50:49 EST 2007

January 29, 2007
Contact: Kelah Bott at 415-577-6150

*Victory for Civil Rights As Ninth Circuit Court of Appeals Reverses
Civil Contempt Order Imposed on San Francisco Animal Activist*

*Nadia Winstead Stays Out of Jail Because Federal Government Failed to
Make Adequate Response to Her Claim of Unlawful Electronic Surveillance;
Government Will Not Seek Rehearing *

SAN FRANCISCO—Local animal activist Nadia Winstead will remain free  after
the Ninth Circuit Court of Appeals reversed a contempt order that  would
have put her behind bars. Winstead's attorney has just learned  that the
federal government has decided not to seek a rehearing on the  Ninth
Circuit order and will no longer seek her testimony before a  federal
grand jury investigating Bay Area activists.

U.S. District Court Judge Susan Illston imposed the contempt order on
Winstead in November for her refusal to testify before the grand jury.
But the Ninth Circuit has overturned Judge Illston's order, finding that
the government had not made an adequate response to Winstead's claim of
being the subject of unlawful electronic surveillance. Winstead believes
she was targeted by this grand jury as part of the larger "Green Scare"
that has rounded up animal and eco-liberation activists across the

"The Ninth Circuit's ruling was a positive step towards taking
government-sponsored harassment of activists seriously," Winstead said.
"I will continue to use my constitutional rights to speak out against
oppression and on behalf of animals suffering in cruel and unnecessary
product testing."

In May of 2005, Winstead and at least 10 other Bay Area activists were
subpoenaed to appear before a grand jury claiming to be investigating  the
2003 disappearance of Daniel Andreas Sandiego. Winstead and others  filed
a motion for disclosure of illegal electronic surveillance. The  motion
was denied by Illston. Winstead originally appeared before the  grand jury
in January '06 and again in August '06, each time asserting  that the
questions being asked were derived from unlawful electronic  surveillance.

In September 2006, Winstead's attorney, Mark Goldrosen, filed a second
electronic surveillance motion in an attempt to force the U.S.
government to disclose any illegal electronic surveillance that may have
influenced their decision to subpoena Winstead to the grand jury. The
government claimed that its denial of the existence of electronic
surveillance was adequate. Judge Illston again denied the motion.

Three weeks later, Judge Illston found Winstead in contempt because she
believed there was no longer a just cause for her to remain silent.
Winstead's attorney then appealed the decision with the Ninth Circuit
Court of appeals. Winstead was notified that the contempt had been
reversed on December 22, 2006.

For more information, please contact Kelah Bott at 415-577-6150.

Related websites: http://www.FBIWitchHunt.com
<http://www.fbiwitchhunt.com/> or http://www.GreenIsTheNewRed.com

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