[Ppnews] Man refuses to testify in animal rights case

[Political Prisoner News]

<http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/10/26//cgi-bin/article.cgi?file=/c/a/2005/10/26/BAGGAFE51P1.DTL>SAN 
FRANCISCO
Man refuses to testify in animal rights case
- <mailto:sfinz at sfchronicle.com>Stacy Finz, Chronicle Staff Writer
Wednesday, October 26, 2005

A man who refuses to testify before a federal grand jury investigating an 
animal rights activist suspected in two East Bay bombings in 2003 was held 
in contempt of court Tuesday.

U.S. District Judge Susan Illston of San Francisco ordered Michael Kennedy 
to surrender himself to the U.S. Marshals Service by 2 p.m. Nov. 8. Illston 
gave Kennedy two weeks of freedom so his attorneys would have time to 
challenge her decision to the Ninth U.S. Circuit Court of Appeals in San 
Francisco.

Illston said Kennedy could avoid going to jail if he agrees to testify. 
"I'm urging you to do that," she said.

For two years, the FBI has been searching for Daniel Andreas San Diego, who 
is wanted on charges of setting explosives in 2003 at the Emeryville 
biotechnology firm Chiron Corp. and at Shaklee, a Pleasanton firm that 
sells health, beauty and household products. No one was hurt in the blasts.

A group calling itself Revolutionary Cells took responsibility for the 
explosions. E-mails sent to followers of the animal rights movement said 
the group had singled out the two firms because of their links to 
Huntingdon Life Sciences. The New Jersey research company conducted drug 
and chemical experiments on animals for clients such as Chiron and 
Shaklee's then-parent company.

Kennedy is one of 11 people -- most involved in animal rights groups -- who 
have been subpoenaed to testify before the grand jury. He is the first to 
be held in contempt. In June, activists challenged the subpoenas, accusing 
the federal government of being on a witch hunt to stifle the animal rights 
movement and intimidate its members.

During the brief hearing Tuesday, Kennedy's attorneys, Whitney Leigh and 
Matt Gonzalez, said their client had initially been cooperative with the 
FBI, but had lost trust in the government.

"He has already answered these questions a number of times truthfully and 
still got hauled up before the grand jury," Gonzalez said. "Mr. Kennedy is 
not gaming the system. The government has subjected a law-abiding citizen 
to harassment."

The two attorneys unsuccessfully argued that the U.S. attorney's office was 
required to notify Kennedy whether he has been the target of electronic 
surveillance, such as phone taps, before compelling him to testify. 
Prosecutor Elise Becker submitted a declaration to the court saying that to 
her knowledge, he had not. But Leigh called the assertion "very sketchy" 
and "superficial."

Illston, however, said she found that the government's response was 
adequate and that Kennedy hadn't made a sufficient showing that his phone 
had indeed been tapped, other than to say he heard strange clicking noises.

Outside the courtroom, Kennedy declined to comment or give his age. 
Prosecutors and the FBI will not comment, saying it is illegal for them to 
discuss grand jury proceedings, which are held in secret.

E-mail Stacy Finz at <mailto:sfinz at sfchronicle.com>sfinz at sfchronicle.com.

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