SF - Grand Jury Contempt for Winstead Reversed!

from Guerrilla News Network

Nadia Winstead was notified today, Friday, December 22, that the Ninth Circuit Court of Appeals has reversed U.S. District Court Judge Susan Illston’s contempt order. In mid November, Winstead’s attorney, Mark

Goldrosen filed an appeal with the Ninth Circuit Court after Judge Illston found Winstead in contempt for refusing to testify before a federal grand jury. The reason for the reversal is currently unknown, and Winstead is awaiting further details.

This is a huge victory for Winstead, but the battle is not over, as the case will likely go back before Judge Illston with the Ninth Circuit’s decision in mind.

More information about the Ninth Circuit Court’s decision will be released as it becomes available.

Please stay tuned, as future demonstrations and court dates may be announced on short notice.

Background:

In late May ‘05 Winstead and at least 10 other Bay Area activists were subpoenaed to appear before a grand jury claiming to be investigating the 2004 disappearance of Daniel Andreas Sandiego.

In August ‘05 Winstead and several other of those subpoenaed to testify filed a motion to quash the subpoenas, arguing that the subpoenas were unconstitutional. The motion was denied by Judge Illston. Several weeks later Winstead and others filed a motion for disclosure of illegal electronic surveillance. The motion was deemed premature and too broad and thus denied as well by Illston.

Winstead originally appeared before the grand jury in January ‘06 and again in August ‘06, each time asserting her Fifth Amendment right to remain silent.

In September 2006, Winstead’s attorney, Mark Goldrosen, filed a second electronic surveillance motion in an attempt 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 argued that they did not have to reveal their reasons for subpoenaing Winstead, garnered illegally or not, and Judge Illston again denied the motion.

Three weeks later, Winstead was found in contempt by Judge Illston for asserting her Fifth Amendment right to remain silent, and ordered to jail. Winstead’s attorney then appealed the decision with the Ninth Circuit Court of appeals. The Ninth Circuit granted Winstead bail pending their decision.

This grand jury is one of many, targeting activists, convened around the country. It has been identified as one part of the U.S. government’s stepped-up efforts to silence dissent among eco and animal liberationists, now widely referred to as “The Green Scare”.

For more information on grand juries and the “Green Scare”, visit www.FBIwitchHunt.com