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NEWS RELEASE<br>
January 29, 2007<br>
Contact: Kelah Bott at 415-577-6150<br><br>
*Victory for Civil Rights As Ninth Circuit Court of Appeals Reverses
<br>
Civil Contempt Order Imposed on San Francisco Animal Activist*<br><br>
*Nadia Winstead Stays Out of Jail Because Federal Government Failed to
<br>
Make Adequate Response to Her Claim of Unlawful Electronic Surveillance;
<br>
Government Will Not Seek Rehearing *<br><br>
SAN FRANCISCO—Local animal activist Nadia Winstead will remain free
after<br>
the Ninth Circuit Court of Appeals reversed a contempt order that
would<br>
have put her behind bars. Winstead's attorney has just learned that
the<br>
federal government has decided not to seek a rehearing on the
Ninth<br>
Circuit order and will no longer seek her testimony before a
federal<br>
grand jury investigating Bay Area activists.<br><br>
U.S. District Court Judge Susan Illston imposed the contempt order on
<br>
Winstead in November for her refusal to testify before the grand jury.
<br>
But the Ninth Circuit has overturned Judge Illston's order, finding that
<br>
the government had not made an adequate response to Winstead's claim of
<br>
being the subject of unlawful electronic surveillance. Winstead believes
<br>
she was targeted by this grand jury as part of the larger "Green
Scare" <br>
that has rounded up animal and eco-liberation activists across the<br>
country.<br><br>
"The Ninth Circuit's ruling was a positive step towards taking<br>
government-sponsored harassment of activists seriously," Winstead
said. <br>
"I will continue to use my constitutional rights to speak out
against <br>
oppression and on behalf of animals suffering in cruel and unnecessary
<br>
product testing."<br><br>
In May of 2005, Winstead and at least 10 other Bay Area activists were
<br>
subpoenaed to appear before a grand jury claiming to be
investigating the<br>
2003 disappearance of Daniel Andreas Sandiego. Winstead and others
filed<br>
a motion for disclosure of illegal electronic surveillance. The
motion<br>
was denied by Illston. Winstead originally appeared before the
grand jury<br>
in January '06 and again in August '06, each time asserting that
the<br>
questions being asked were derived from unlawful electronic
surveillance.<br><br>
In September 2006, Winstead's attorney, Mark Goldrosen, filed a second
<br>
electronic surveillance motion in an attempt to force the U.S.<br>
government to disclose any illegal electronic surveillance that may have
<br>
influenced their decision to subpoena Winstead to the grand jury. The
<br>
government claimed that its denial of the existence of electronic <br>
surveillance was adequate. Judge Illston again denied the
motion.<br><br>
Three weeks later, Judge Illston found Winstead in contempt because she
<br>
believed there was no longer a just cause for her to remain silent. <br>
Winstead's attorney then appealed the decision with the Ninth Circuit
<br>
Court of appeals. Winstead was notified that the contempt had been <br>
reversed on December 22, 2006.<br><br>
For more information, please contact Kelah Bott at 415-577-6150.<br><br>
Related websites:
<a href="http://www.fbiwitchhunt.com/" eudora="autourl">
http://www.FBIWitchHunt.com<br>
</a><<a href="http://www.fbiwitchhunt.com/" eudora="autourl">
http://www.fbiwitchhunt.com/</a>> or
<a href="http://www.greenisthenewred.com/" eudora="autourl">
http://www.GreenIsTheNewRed.com</a> <br>
<<a href="http://www.greenisthenewred.com/" eudora="autourl">
http://www.greenisthenewred.com/</a>><br><br>
<br>
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