Man who refuses to testify before animal rights grand jury ordered to surrender by Nov. 8

SAN FRANCISCO
Man refuses to testify in animal rights case

Stacy Finz, Chronicle Staff Writer
Wednesday, October 26, 2005

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.