2 who refused to testify about May Day anarchists released
SEATTLE (AP) — Two people were released Thursday after spending five months in custody — much of it in solitary confinement — for refusing to answer questions before a federal grand jury investigating last spring's May Day riot in Seattle.
Katherine Olejnik and Matthew Duran of Olympia were found in civil contempt of court last September for declining to say what they might know about a group of black-clad Northwest anarchists who smashed windows of cars and buildings after breaking away from a protest march.
U.S. District Judge Richard Jones ordered their release on Wednesday, saying it was clear further time at the Federal Detention Center in Seatac wasn't going to persuade them to talk. The judge said they should be freed by 4 p.m. Thursday, and they were released at 4 p.m. on the dot, met by close friends and family, said Olejnik's lawyer, Jenn Kaplan.
"We're thrilled," Kaplan said. "It's a vindication of what our clients have been saying from the outset: that they were never going to participate in this witch hunt."
Neither Olejnik nor Duran was suspected of involvement in the vandalism, but they were subpoenaed to testify as part of the grand jury investigation. Among the buildings damaged were Niketown, several bank offices and the building that houses the Seattle branch of the 9th U.S. Circuit Court of Appeals.
Seattle police arrested several suspects, at least three of whom were convicted, and federal agents sought to find the culprits who damaged the courthouse.
A federal search warrant affidavit filed in the case was mistakenly unsealed and obtained by The Seattle Times last October. It laid out a glimpse of the case, showing that state and federal agents were watching some members of the small group of Portland anarchists even before May Day. The affidavit said investigators were tracking members as early as April 9, when they and others were observed by FBI surveillance at a Portland event.
Agents later watched the anarchists as they traveled north for the May 1 protest.
Olejnik told the grand jury that she wasn't at the protest, that she didn't know who had gone to Seattle to take part, and that no one had told her what happened during it, Kaplan said. But once the prosecutor began asking about the political beliefs of others, she clammed up — and kept quiet, even after being offered immunity.
"It was something that was just undertaken to propagate fear within the community," Kaplan said. "The idea that your friends were going to be at risk of having to testify against you or going to jail - this could happen to anybody if they happen to know someone who's suspected of a crime."
The judge found Olejnik and Duran in civil contempt of court last September and ordered them jailed. The confinement could have lasted another 13 months, but the pair only appeared to be becoming more resolute, he wrote, and further confinement appeared pointless. They could face future prosecution for criminal contempt of court.
"Whatever the merits of their choices not to testify, their demeanor has never given the court reason to doubt their sincerity or the strength of their convictions," Jones wrote.
The U.S. attorney's office in Seattle declined to comment Thursday, but issued a statement last fall saying prosecutors do not "investigate or seek to silence lawful free speech, or dissent. We do, however, investigate and enforce the law where speech crosses the line and becomes threats or acts of violence."
"We are not free to disseminate our filings regarding a grand jury matter," spokeswoman Emily Langlie wrote in an email Thursday.
Duran served two weeks in solitary confinement at the start of his detention, returned in late December and has been there ever since, the judge wrote. Olejnik served her first six days in solitary, and was returned there from Dec. 27 until at least Feb. 12.
Their physical and mental health had deteriorated, the judge said.
Katherine Olejnik and Matthew Duran of Olympia were found in civil contempt of court last September for declining to say what they might know about a group of black-clad Northwest anarchists who smashed windows of cars and buildings after breaking away from a protest march.
U.S. District Judge Richard Jones ordered their release on Wednesday, saying it was clear further time at the Federal Detention Center in Seatac wasn't going to persuade them to talk. The judge said they should be freed by 4 p.m. Thursday, and they were released at 4 p.m. on the dot, met by close friends and family, said Olejnik's lawyer, Jenn Kaplan.
"We're thrilled," Kaplan said. "It's a vindication of what our clients have been saying from the outset: that they were never going to participate in this witch hunt."
Neither Olejnik nor Duran was suspected of involvement in the vandalism, but they were subpoenaed to testify as part of the grand jury investigation. Among the buildings damaged were Niketown, several bank offices and the building that houses the Seattle branch of the 9th U.S. Circuit Court of Appeals.
Seattle police arrested several suspects, at least three of whom were convicted, and federal agents sought to find the culprits who damaged the courthouse.
A federal search warrant affidavit filed in the case was mistakenly unsealed and obtained by The Seattle Times last October. It laid out a glimpse of the case, showing that state and federal agents were watching some members of the small group of Portland anarchists even before May Day. The affidavit said investigators were tracking members as early as April 9, when they and others were observed by FBI surveillance at a Portland event.
Agents later watched the anarchists as they traveled north for the May 1 protest.
Olejnik told the grand jury that she wasn't at the protest, that she didn't know who had gone to Seattle to take part, and that no one had told her what happened during it, Kaplan said. But once the prosecutor began asking about the political beliefs of others, she clammed up — and kept quiet, even after being offered immunity.
"It was something that was just undertaken to propagate fear within the community," Kaplan said. "The idea that your friends were going to be at risk of having to testify against you or going to jail - this could happen to anybody if they happen to know someone who's suspected of a crime."
The judge found Olejnik and Duran in civil contempt of court last September and ordered them jailed. The confinement could have lasted another 13 months, but the pair only appeared to be becoming more resolute, he wrote, and further confinement appeared pointless. They could face future prosecution for criminal contempt of court.
"Whatever the merits of their choices not to testify, their demeanor has never given the court reason to doubt their sincerity or the strength of their convictions," Jones wrote.
The U.S. attorney's office in Seattle declined to comment Thursday, but issued a statement last fall saying prosecutors do not "investigate or seek to silence lawful free speech, or dissent. We do, however, investigate and enforce the law where speech crosses the line and becomes threats or acts of violence."
"We are not free to disseminate our filings regarding a grand jury matter," spokeswoman Emily Langlie wrote in an email Thursday.
Duran served two weeks in solitary confinement at the start of his detention, returned in late December and has been there ever since, the judge wrote. Olejnik served her first six days in solitary, and was returned there from Dec. 27 until at least Feb. 12.
Their physical and mental health had deteriorated, the judge said.
The main point is missed in these comments. The prisoners testified, but balked when the prosecutor wanted them to testify about the political beliefs of others. This is scary stuff here folks - "BE AN INFORMER ABOUT THE POLITICAL BELIEFS OF YOUR NEIGHBORS!". Does that not bother you? Would it be OK to throw these guys into solitary confinement for monhts for not providing information about the religious beliefs of others? Where does it stop? Do we have STASI in the justice department?
@Astro_Sailor Are you a Commie? Fascist? Socialist? Sounds like the garbage that was spewed 50+ years ago. TIME TO BURN SOME WITCHES!!!
The way I see it, they were protecting domestic terrorists and should be treated as such.  If you have nothing to hide, then you hide nothing.
@The WA Mama Not really, they were not protecting anyone. They had no problem talking about what they knew. They stopped talking when they were asked about their own _political_ beliefs. I have a SERIOUS problem with that line of questioning.
@WAMama - please change your avatar to a sheep - read some history, educate yourself, find out why we fought a revolution, learn what the founders were afraid of and wanted to exclude from our government, then read about the history of Nazi Germany. Suggested book: 'Hitlers Willing Executionors', how regular citizens aided and abetted the Nazi state - see if you recognize anything about yourself in that title.
@The WA MamaNot to be rude, but I've known people who feel the same way as you, and I really want to know why do you think the 5th Amendment exists? I also think you should watch this joint presentation by a lawschool professor and a police detective:Â http://www.youtube.com/watch?v=6wXkI4t7nuc
Every thank U.S. District Judge Richard Jones for wasting your money because he guaranteed that by keeping these two for months in jail over this without charge and in solitary confinement that they'll be suing and we, the taxpayers, will have to pick up the tab because his ego got bruised in the courtroom.Â
wow, is this el Salvador or something? plead the 5th and get locked up even though you've committed not a single crime? wow.
@SwampThing Bullies... er make that the injustice system.
I'm not aware of how they acted in court, so I can't say. However, pleading the 5th seems like it should have resolved the whole issue. Contempt for pleading the 5th would be in direct violation of the Constitution, and consequently, anyone attempting to imprison you or otherwise interfer with your private affairs deserves to be treated as criminals.
@ETSubmariner According to the story they were offered immunity so they couldn't have used the Fifth Amendment clause concerning self incrimination.
Good for them for standing up to our evil justice system.Â
Good for them, they stood their ground against another unconstitutional law. The 5th Amendment is always valid no matter what kind of fake laws congress passes. Just because a grand jury is called doesn't mean you have to give up your civil rights. Sounds like they put up with some rough treatment or torture too and still stood their ground.
@Blindman Nope, the Fifth Amendment is to prevent self incrimination. They were offered immunity for their testimony so the Fifth does not apply. They were asked to provide an opinion on the political thoughts of other people, something that would be considered hearsay in a court of law, and refused.
This is great. Now they can team up with the illegal alien criminals Obama just released and wreck more of America. The plan is working.
you should be president.
@Goodwin Obama and his admin had nothing to do with those releases.
@Commenter87643Â CoughBScoughCoughBS coughcough
@Goodwin Are you high? Illegal aliens that Obama released?
Anarchists= unemployed, disenfranchised losers who use the guise of politics to justify violence.
@Phinn Not entirely. In fact, not at all. Anarchists do not want or need politics. And there are plenty who simply want government removed to prevent further interference in their own peaceful existences. In short, many anarchists simply want to be left alone, the very thing government refuses to do.
These vandals are NOT anarchists, and are an insult to the very word. Try looking up voluntaryism.
@lunayapravda I see how peaceful they are when they riot in the streets.  If you want to be left alone you do not join a mob.  Good for them though in standing up for their rights.  They showed how nasty the government treats it's own citizens. Â
And the revolving door of Seattle "justice" keeps spitting them back onto the street.
@Glassman Versus the option of providing them three hots and a cot.
And just to be accurate, this was a FEDERAL grand jury, NOT a Seattle court.
Methinks there's a big lawsuit coming, so taxpayers get ready and bend over. This judge acted irresponsibly. You cannot jail people like this this long for mere contempt and in solitary conditions. I give it less than a year before a Federal Court finds for them.Â
@NW-Economist really,you think that is wrong ?? Then how can you justify putting people in jail for contempt for not paying child support ?Â
@Maynard G Krebbs Two different matters.  You make a kid, you are responsible.  In this case the government was playing like Joe McCarthy, and these two showed some personal integrity and stood up for their rights.
Of course they didn't talk, they'll get beaten with baseball bats if they do. Just like your average prison gang, Anarchists do not tolerate snitches.
@kinison They might get beaten with baseball bats for not . Think of the damage that these so called anarchists caused. The assaults on innocent people.Â
@Maynard G Krebbs @kinisonWait wait wait, what innocent PEOPLE were assaulted? I know they broke windows and caused property damage but that is quite different than assaulting a person.  I was downtown that day and I certainly don't recall any people getting hurt.
I'm not saying the black bloc isn't wrong but I am saying don't inflate the situation.
@quidproquo
Here's a couple of sources
http://seattletimes.com/html/localnews/2020049492_aporportlandfirebomb1stldwritethru.html
Assistant U.S. Attorney Stephen F. Peifer said the group is made up of anarchists who are " in the process of trying to obstruct" the federal inquiry into the May Day firebombing at the Seattle federal courthouse.
http://www.komonews.com/news/local/Windows-smashed-as-May-Day-protests-wind-through-Downtown-Seattle-149713705.html
quote from KOMO News reporter Joel Moreno
"We turned the corner and saw large storefronts at Wells Fargo smashed in," he said. "We saw a firebomb of some sort at the U.S. Court of Appeals where they went in and bashed the windows."Â
slightly different quote from a different paper
http://www.oregonlive.com/portland/index.ssf/2013/01/federal_judge_releases_from_cu.html
Assistant U.S. Attorney Stephen F. Peifer said the group is made up of anarchists who are "frankly in the process of trying to obstruct" the federal inquiry into the May Day firebombing at the Seattle federal courthouse.Â
@Another Commenter @quidproquo @Maynard G Krebbs @kinison %s There were no fire bombs, there were paint bombs and one smoke bomb.
@quidproquo@Maynard G Krebbs@kinison
If I recall correctly during these events there was an attempted fire bombing at the court house along with the fire set in front of the building. I don't think accusations of attempted murder would be out of line.Furthermore, violence insights more violence.Doing things like screaming fire in a crowded movie theater makes you responsible for the trampling deaths even when you are not physically part of the trampling.
This besmirches the whole idea behind the US Constitution in so many ways. Nothing they said could be used as it is all hear-say. Besides that, "Political beliefs?" Seriously? What if I wished to become your benevolent dictator? Would I be guilty of being a Nazi? Political beliefs should be held the same way as religion, press or speech. You cannot be censured for having different ideas than others. After all, if these people seek change, a revolution would have to occur. Didn't our founding fathers commit treason and other so-called acts of terrorism against "The Crown" to make our country what it is today? Would you like some tea? It may be a little salty!!
These stunts of vandalism almost always have the net result of people clamoring for 'law and order'. From the days of IRA 'terrorism', to the more recent events around here, in the Northwest, government agents have been proved to be at least complicit in the planning of the mayhem.  Look up 'agent provocateur'
Things are often not what they seem. There's so little true dissent. Much is controlled and contrived by the powers that be. Is 'agent provocateur' in your vocabulary? :
http://www.youtube.com/watch?v=3lP-1Wti3Vs
@cheekygesturton Yeah, they did this all the time in the '60s during the war marches and civil rights protests. Whenever I see a group with all of the same clothes on, I know it them again. They just cant get away from wearing a uniform I guess. Rubber bullets broke the first windows at WTO in Seattle.
They didn't talk because jail is probably much nicer than squatting in an abandoned building in Olympia.
@Illuminati Spoken like someone who hasn't been in solitary confinement for a long period of time.Â
hopefully they will suffer in pain and despair, starving under a bridge somewhere.
I want to know if they were considered domestic terrorists? The government can hold you without a warrant for an unlimited amount of time, it's pretty scary what they can actually do.
@hinterland i'd call them domestic terrorists as they are not peacefully going about making change. breaking into vacant buildings and houses and vandalizing stuff is nothing more than criminal. overtime for city employees can easily reach over a million dollars in taxpayer monies very quickly. Portland is already over 3 million dollars in police costs.
@32jim2 I'm not saying that their uncooperation with the investigation is right OR worng, but, from this article, these people hadn't participated in violence.
Ah yes, wearing black and "sticking it to the man." I still remember the newspaper poll in Portland where 80% of the respondents basically said they would be happy for anarchists to take a long walk on a short pier. But chin up, these two will be treated as heroes by The Stranger
Dang, they would of been better off trying to kill someone, they would of been out in 72 hours...
This is an incredible abuse of power by the criminal court system! Think about it...You know someone who went to a protest where vandalism occured. Nobody was killed, just some windows and property got busted. You didn't even go, but you know who did. Because you didn't go there you CAN NOT TESTIFY to who did what, even if they admit to it, because you WHERE NOT THERE. Your testimony would be hearsay and not admissable to a court docket or any sort of evidence and therefore worthless to the prosecutor while making his case. In spite of all of this, a judge still found these two in contempt of court and had them jailed, in solitary for awhile too, for several months. Had they testified or not, it would make no difference! In my opion, this occured to these two people because of the political beliefs they shared. Is this still not America? Or is this now America, land of the free, as long as you think what the government want you to think?
@Randy Really ?? You think being jailed for contempt of court is wrong ? how about when people are jailed for contempt of court for not paying child support ? That is done all the time .
@Maynard G Krebbs @Randy That's a little different. These people haven't had a 'judgement against them', unlike a deadbeat parent.
@Randy No Randy, this is no longer the USA. Thats over, the rich won, we lost our freedom, democracy and country while sitting on the couch and watching the TV, I am very sorry for your loss, it was quite a country til the rich took over about 30 years ago and eliminated everything that made it great.
@T_BONE_WALKER @Randy You mean where now I can not chose my own Dr.,or which health care plan I {!}want .Americans have lost more freedom and liberty since Obama took office.
@Maynard G Krebbs @T_BONE_WALKER @Randy LOL, if you want to pay your own Dr. bills, you can likely see any Dr. you care to. If on the other hand, you want to gamble by using health insurance, well, not so much!
@Randy No one has a gun to your head. You can leave this country anytime. You don't like what you see, take off hoser.
@Nightshift Even if you do not like some ones opinion, they have the right to it without being told to leave the country.  What happened to tolerance?
Randy's comment was actually the way proper citizens should be thinking. Nightshift, you are the one who is radical, and improperly thinking. Remember, it isn't always "them". In this instance, it's all you. As a reminder, there are many ports of exit from this fine land. Please feel free to use them as your convenience.
@Nightshift Randy sounds like he would happily defend the constitution til death. You on the other hand sound like you would subvert it. I am thinking I'd rather have Randy here then you. Maybe you should leave before someone goes patriotic on ya.
@T_BONE_WALKERÂ I fought for this country. Dont have plans on leaving. You leftly loones talk the talk but come up short when you have to walk the walk. You dont know Randy from Jack and yet you are making assumptions on what we would do. I dont know any of you but I will say it again. If you dont like what is going on in this country, you can leave anytime.
@Nightshift You really think holding two people without a trial of their peers is acceptable???  You are the Un-American POS!  If Randy did have a gun to your head, he would have been released before these two were.  Â