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<a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/08/27/BAG0FEECS51.DTL&feed=rss.bayarea" eudora="autourl">
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/08/27/BAG0FEECS51.DTL&feed=rss.bayarea<br>
<br>
</a>SAN FRANCISCO<br>
8 activists expected to face grand jury in bombings probe<br>
Whereabouts sought of fugitive suspect in animal rights case<br><br>
- Stacy Finz, Chronicle Staff Writer<br>
Saturday, August 27, 2005<br><br>
Despite a vigorous court battle, eight animal rights activists are
expected<br>
to have to testify before a federal grand jury investigating the
whereabouts<br>
of a fugitive suspected in two 2003 East Bay bombings.<br><br>
On Friday, U.S. District Judge Susan Illston tentatively denied the<br>
activists' motion to quash subpoenas, said Mark Vermeulen, who is<br>
representing one of the eight people called before the grand jury.
Illston<br>
is still considering whether the activists should be required to reveal
any<br>
documents - - such as e-mails, letters and phone messages -- that they
may<br>
have received from the missing defendant, Daniel Andreas San
Diego.<br><br>
Illston said she would issue her official ruling in writing, possibly
next<br>
week, Vermeulen said.<br><br>
The activists challenged the subpoenas in June, accusing the federal<br>
government of being on a witch hunt in the state to stifle the animal
rights<br>
movement and intimidate its members.<br><br>
At least three people have been held in contempt and jailed in San Diego
for<br>
refusing to testify before a federal grand jury investigating a 2003
arson<br>
fire and a contentious animal rights speech in that city.<br><br>
Friday's hearing in San Francisco was closed to the public because of
its<br>
connection to the grand jury, whose proceedings are held in secret.
But<br>
afterward, outside the courtroom, David Hayden, a 37-year-old Santa
Cruz<br>
activist, said that when he is called to testify, he plans to invoke
his<br>
Fifth Amendment right to remain silent -- even if it means going to
jail.<br><br>
"It's sad to think we've come to a situation where we can be
imprisoned<br>
without any probable cause or any allegations that we committed a
crime,"<br>
Hayden said. "Regardless, I think it's important to stand by my<br>
constitutional rights."<br><br>
For nearly two years, the FBI has been investigating the whereabouts of
San<br>
Diego, who is wanted on charges that he set explosives at the
Emeryville<br>
biotechnology firm Chiron Corp. on Aug. 28, 2003, and a month later
at<br>
Shaklee, a Pleasanton firm that sells health, beauty and household
products.<br>
No one was hurt in the predawn blasts.<br><br>
A group calling itself Revolutionary Cells took responsibility for
the<br>
explosions. E-mails sent to followers of the animal rights movement said
the<br>
group had singled out the two firms because of their links to
Huntingdon<br>
Life Sciences. The New Jersey research company conducted drug and
chemical<br>
experiments on animals for clients such as Chiron and Shaklee's
then-parent<br>
company.<br><br>
This spring, 11 people -- most involved in the animal rights movement -
-<br>
began receiving subpoenas to appear before the grand jury.<br><br>
Hayden said that although he was friendly with San Diego, he hadn't
heard<br>
from him since the bombing suspect disappeared in October 2003. He
thinks<br>
federal investigators are more interested in harassing people in the<br>
movement than in finding San Diego.<br><br>
"These are all very public, above-board activists," said Ben
Rosenfeld,<br>
another lawyer representing the group. "These are not shadowy,
underground<br>
figures.<br><br>
"We're making a stand on principle," he said. "The whole
(grand jury)<br>
process is oppressive and chilling of their political expression and<br>
association."<br><br>
Prosecutors from the U.S. attorney's office declined to comment. But the
FBI<br>
has said in the past that militant animal rights activists have
caused<br>
millions of dollars in damage in California alone and that snuffing
out<br>
domestic terrorism is one of the bureau's top priorities.<br><br>
They have said it was pure luck that the explosions at Chiron and
Shaklee<br>
didn't hurt anyone and that it was just a matter of time before someone
is<br>
killed.<br><br>
"The FBI must play by the rules set forth by the Constitution, the
Bill of<br>
Rights and federal laws," said LaRae Quy, a spokeswoman for the
bureau in<br>
San Francisco. "All investigations conducted by the FBI are within
the rules<br>
of the law."<br><br>
E-mail Stacy Finz at sfinz@sfgate.com.<br>
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