San Francisco federal prosecutors are finding that bringing animal rights activists before a grand jury is like, well, herding cats.
Since 2003, law enforcement has been engaged in a cat-and-mouse game with Daniel San Diego, an on-the-lam activist accused of bombing two East Bay pharmaceutical companies, to little avail. Attempts to gain information on San Diego’s whereabouts through a federal criminal grand jury here have stalled repeatedly, as the pro-animal groups resist interrogation attempts and fight subpoenas.
On Thursday afternoon, a three-judge Ninth Circuit panel ruled that Northern District Judge Susan Illston was right to hold activist Michael Kennedy (referred to in the Ninth Circuit opinion as John Doe) in contempt for failing to testify in front of the grand jury. Kennedy’s lawyer, Rita Hao of Gonzalez & Leigh, argued that Kennedy should not have to answer questions because prosecutors targeted him as the result of an illegal wire tap.
Details here from Legal Pad. The court's opinion is here. BTW, Rita Hao, Kennedy's lawyer, is a friend and former colleague.