GRAND JURY RESISTERS INCARCERATED IN SEATTLE

Leah-Lynn Plante, Matt Duran and Kteeo Olejnik were jailed for refusing to testify before a grand jury investigating anarchist activities in the Pacific Northwest. A grand jury is a constitutionally mandated investigative tool used by the United State Attorney to bring charges against an individual for capital crimes or other major crimes. If a person refuses to testify before the grand jury he/she is brought before a District Court judge who grants the individual immunity from being convicted for any […] Read more »

SUPREME COURT GRANTS ABSOLUTE IMMUNITY TO GRAND JURY WITNESSES

The question in Rehberg v. Paulk is whether a grand jury witness enjoys immunity for his/her testimony before the Grand Jury. James P. Paulk, an investigator for the Albany Georgia District Attorney’s office testified three times before a grand jury. In each instance the grand jury indicted Charles A. Rehberg and in each instance the indictment was dismissed. After the final dismissal Rehberg sued Paulk for violating his civil rights. The Supreme Court upheld Paulk’s claim to absolute immunity for […] Read more »

BARRY BONDS PLACED ON PROBATION FOR OBSTRUCTION OF JUSTICE

Barry Bonds was sentenced to two years probation and one month of house arrest for obstructing justice by giving evasive answers to questions put to him when he testified before the grand jury investigating Bay Area Laboratory Co-Operative’s distribution of steroids to sport stars. He will also do 250 hours of community service and pay a $4000 fine. The sentence was stayed pending appeal. He was convicted on one counot of obstructing justice last April. The jury hung on three […] Read more »

CONTEMPT FINDING UPHELD DESPITE FIFTH AMENDMENT CLAIM

The Ninth Circuit Court of Appeals upheld a grand jury subpoena against a Fifth Amendment claim for M.H.’s personal records regarding an account in a Swiss bank. The Fifth Amendment protects individuals from being forced to make self incriminating statements. The grand jury subpoenaed from M.H. [a]ny and all records required to be maintained pur- suant to 31 C.F.R. § 103.32 [subsequently relocated to 31 C.F.R. § 1010.420] relating to foreign financial accounts that you had/have a financial interest in, […] Read more »

BARRY BONDS CONVICTED OF OBSTRUCTION OF JUSTICE

The jury convicted Barry Bonds of obstruction of justice and it hung on three counts of perjury. The government will have a chance to retry the perjury counts but it may pass on another trial and be satisfied with the obstruction conviction. The indictment alleged that the obstruction was committed by evasive answers before the Grand Jury. Bond’s legal team has asked Judge Illston to throw out the conviction. Certainly a conviction for being evasive is a lot weaker without […] Read more »

U S ATTORNEY DENIED ABSOLUTE IMMUNITY FOR ADMINISTRATIVE ROLE

Lawyers for U. S. Attorney Daniel Zachem filed a writ of certiorari with the Supreme Court challenging a D. C. Circuit Court decision denying him immunity in a case in which Zachem and Suzanne Bailey-Jones, a District of Columbia Superior Court official removed Peter Atherton from the grand jury. The rule allows only the presiding judge or his/her designate to remove grand jurors. But after complaints from other members of the grand jury that Atherton was disruptive Zachem went to […] Read more »