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Monday, February 11, 2013

Crime / Politics Grand Jury Refusers: So What Can I Do About It?

Posted by Brendan Kiley on Mon, Feb 11, 2013 at 11:38 AM

Since this post (about grand jury refusers who've been held without charges in federal detention for five months and solitary confinement since December) went up last Friday, people have been asking me variations on the question above: Who's in control of this situation and what can I do about it?

Answer to the first question: Judge Richard Jones sent Olejnik, Duran, and Pfeiffer to federal detention (and Leah-Lynn Plante, who's since been released) at the request of federal prosecutors and has the authority to end it. Warden Jack Fox is the boss over at SeaTac Federal Detention Center.

Answer to the second: I asked Jenn Kaplan and Kimberly Gordon, attorneys for Duran and Olejnik, what they thought people should do. They suggested writing letters to Judge Jones and Warden Fox.

"But (and this is important)," Gordon wrote, "we would ask that people not send their letters directly to the warden or the judge."

Instead, write letters to the warden and the judge, but send them to the attorneys. Their addresses—snail mail and email—are below the jump.

But first, Kaplan wrote an email describing what her client, Katherine Olejnik, is reporting from solitary:

Kim and I were just chatting with a Seattle Human Rights Commissioner about our clients being in the SHU ["special housing unit'], and it occurred to us that you and your readers might be interested in what conditions in the SHU are like.

It's pretty grim. My client reports being in a small cell constantly. She has a bed, a desk, and a chair. She is trying her best to exercise, but doesn't have enough space...

... and she bruised her back working out on the floor without a mat. She is offered exercise time once a week for an hour, but it's at 6 am, and she hasn't been given a jacket to wear in the yard, so it's too cold for her to be able to do it.

Besides that, she gets three showers a week. She is escorted to the shower in handcuffs with a two-person hold. She does not get to change her clothes between showers, so if she manages to exercise, she is stuck in sweaty clothes. She gets one ten-minute phone call per month. She has limited access to commissary items, and is only allowed to have two books in her cell at a time. She spends a lot of time pacing her cell because she runs out of reading material and doesn't have anything to do. It is a lonely, isolated, and frightening experience.

As for the letters, Gordon wrote: "We will be gathering the letters and when we approach the court and/or the warden, we will then be able to present them together."

Again, write letters to Judge Jones and Warden Fox but mail them to:

Counsel for Katherine Olejnik:
Jennifer Kaplan
2003 Western Avenue, Suite 330
Seattle, WA 98121

jenn.kaplan@yahoo.com

Counsel for Matt Duran:
Kimberly N. Gordon
Gordon & Saunders, PLLC
1111 Third Avenue, Suite 2220
Seattle, WA 98101

kim@gordonsaunderslaw.com

Gordon said it would also be helpful for people to cc:

Seattle Human Rights Commission
Attn: Catherine Moore
810 Third Avenue, Suite 750
Seattle, WA 98104-1627

felicia.yearwood@seattle.gov

I've emailed Pfeiffer's attorney, but haven't heard back yet.

One thing to remember if you write a letter—King County, with its relatively paltry resources (compared to the FBI) has managed to identify and indict five people for May Day-related vandalism.

What's taking the feds so long? And why do they need to grant immunity to Olejnik, Duran, and Pfeiffer, then throw them in prison, to finish an investigation that the county was able to pull off without this circus?

And why can't SeaTac FDC give the attorneys a satisfying explanation for why their clients are in solitary?

Just a few questions you might consider asking.

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Comments (34) RSS

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@33

Unfortunately, that piece has no original reporting in it-- it's just a collection of quotes publicly available on the internet strung together with polemic.

Of all the paid journalists still working on this story, none seem to have gotten any closer to answering the question, and I'm guessing most of them* are no longer actively investigating the Leah Lynn-Plante side of the tale.

* Whether or not this includes The Stranger's Theater Editor, I have no idea.

Posted by robotslave on February 12, 2013 at 10:28 AM

32, http://dissenter.firedoglake.com/2012/10…

Posted by Rob in Baltimore

on February 12, 2013 at 10:01 AM

@ 30. Do you know that for a fact? Or are you just speculating?

Posted by Brendan Kiley on February 12, 2013 at 9:19 AM

Let em rot until they talk.

Posted by You_Gotta_Be_Kidding_Me on February 12, 2013 at 9:08 AM

28, She answered the court's questions.

Posted by Rob in Baltimore

on February 12, 2013 at 3:54 AM

"We have ways of making you talk!" Thumbscrews or isolation cages; this insane. That someone should be locked up simply because he or she minded his own business and declined to participate in some prosecutor's investigation---no trial or conviction? What the hell is wrong with you people?

If you think someone has done wrong, you allow him or her to face the accuser in a fair trial before a jury of peers; you don't fucking torture until compliance is achieved.

Posted by Phil M

on February 12, 2013 at 12:15 AM

Why was Leah Lynn Plante released?

Posted by robotslave on February 11, 2013 at 8:54 PM

Thank you Brendan for continuing to cover this!!!

Posted by vegancookies on February 11, 2013 at 8:36 PM

What would be even better would be if they'd do what a few commenters on the Slog have suggested, and claim not to remember anything. Depending on who else has said what to prosecutors, that could open them up to federal felony charges of perjury, conspiracy, and obstruction of justice. Then they could do hard time, and we could really have a good laugh.

Posted by Unbrainwashed on February 11, 2013 at 5:49 PM

#18, are you too stupid to link to the story? I don't want to read the entire contents of your favorite magazine.

#20, the "immunity" is immunity from prosecution for any self-incriminating statements they might make. That removes any 5th amendment issues. Of course, you already knew that. They still refused to talk, so that put them in contempt of court. Which you, and they, and their lawyers also knew. So you can knock it off with the faux-ignorant act here.

Yes, there's an international banker network. So what? We're supposed to call off every investigation until your hobby horse is attended to? Sorry, but that's not the way it works. But then you know that, too. And you also know that there's an anarchist network in this part of the country, and that they've done a hell of a lot more than break a few windows.

I have no sympathy for these punks, and hope the federal prosecutors will keep squeezing them for as long as it takes. They should impanel grand jury after grand jury after grand jury after grand jury, and if they won't testify then they can go to jail after jail after jail after jail. And if you don't like it, you can post comment after comment after comment after comment.

Posted by Unbrainwashed on February 11, 2013 at 5:45 PM

Let's clear a few things up, the people the feds are going after were the people who damaged federal property (the courthouse), not the "banks" as some tin foil hat wearing commenters would have you think.

Second, they were provided with immunity, so that they could testify without implicating themselves, they chose not to, it's their choice to be in prison right now as a protest, they could leave if they'd just answer some questions for a judge.

Third, this so called "principled and noble cause" they're defending was breaking a bunch of windows which caused tens of thousands of dollars in damages that we're now all paying off in our federal taxes. They're not bringing down the system, they're a bunch of immature lunatics who imagine they're going to create change by shattering the windows of the big bad government and corporations.

Posted by SeriouslyPeople? on February 11, 2013 at 5:04 PM

@ 17. Follow some of the links. The attorneys have asked but say they haven't gotten clear answers from the FDC.

Posted by Brendan Kiley on February 11, 2013 at 5:02 PM

@5 They probably have concrete floors and there may not actually be enough floor space to do so.

Posted by ishf on February 11, 2013 at 5:00 PM

They are charged with contempt of court, and their refusal to testify is an admission of guilt to that charge. They are in prison until they stop breaking the law. It's their choice to stay in jail. Jailing people for contempt of court wasn't invented for these folks. It's centuries old established law in this country.

Posted by Rob in Baltimore

on February 11, 2013 at 4:14 PM

@17 - "that's what immunity is all about". Pray tell, please explain more. What "immunity" allows the state to deprive someone of "life, liberty and property without due process of law". There was no due process here, there have been no crimes and no charges, yet they are deprived of their liberty. This is punitive incarceration, with no crime.

There is an "anarchist network" in the northwest? Really now. I'm sure they are very, very well organized (/snark). Is there not also a "international banker's network" that has done many BILLIONS of damage over the last 5 years? Why are not many bankers now sitting in solitary? Gravity of crime does not appear to be the root issue here.

Posted by treacle on February 11, 2013 at 4:04 PM

@17: The investigation is about a prosecutor who wants to reassure of the banksters and protect political careers. That is all that this is about.

Posted by delirian on February 11, 2013 at 3:52 PM

Some of the grand jury resisters were immediately put in solitary. Your logic is jammed by ignorance.

http://www.motherjones.com/politics/2012…

Posted by resistingranny on February 11, 2013 at 3:48 PM

They obviously want to be in jail. And you don't get put in solitary unless you've screwed up pretty badly, because from the prison's point of view solitary is expensive (more staffing) and a hassle (more surveillance). Notice that the Stranger didn't ask why they're in solitary, nor did the lawyers say why. Of course, once that gets discussed, they'll come up with some bullshit story, and of course no one will ever dare commit some real journalism and start asking other inmates or guards.

Their fifth amendment rights haven't been violated. That's what immunity is all about. And it's not just breaking a few windows. There's an anarchist network in the Northwest that has done many millions of dollars worth of damage all over the place. That's what the investigation is about, but the Stranger won't talk about that, either.

Reading the Stranger is sort of like when the Russians would scrutinize pictures of officials in Pravda for hints of what was really going on. You look through the propaganda to parse the subtleties. A good tactic is to see what the story did not cover, because the writer was too afraid to bring it up.

Posted by Unbrainwashed on February 11, 2013 at 3:37 PM

This situation of jailing people with no charges is utterly ridiculous. It is simply intended to instill fear in people to stop them from resisting all that is wrong in this country. It won't work. I spent 4 months in jail for my first civil disobedience against the Seabrook Nuclear Power Plant in 1982. I was put in a county jail with a federal contract so prisoners "committed" a spectrum of crimes, mostly economic, as well as many seriously mentally ill when Reagan dumped people with severe problems onto the streets. The cruelty back then was bad, but i know that in these times of corporatized criminalization, people are seriously mistreated. Those comments displaying such lack of compassion perhaps will soon know what it is like as citizens continue to be marginalized as poverty increases. Some states are already jailing those who can't pay rent. These young people committed no crimes. None. Expecting them to compromise their admirable principles is in line with the same mentality that is complicit with the growing police state impacting all of us, some more immediately than others.

Posted by resistingranny on February 11, 2013 at 3:13 PM

@11: Oh, and a prosecutor attacking those who have vandalized banks is probably an easy way to ensure they get plenty of campaign contributions when they decide to run for office. If that prosecution falls apart because these people won't cave then the banksters will be angry.

Posted by delirian on February 11, 2013 at 3:12 PM

@11: It wasn't just vandalism. It was vandalism of BANKS! Oh my! Does that answer your question?

Posted by delirian on February 11, 2013 at 3:08 PM

It would seem to me that their incarceration is a clear violation of the 5th Amendment:
"No person shall be ... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;"

Totally fucked up that they can be put in frickkin solitary for not answering questions about who knows who in whatever social network. Clear example of the state's overreach.

@12 - I'm sorry Mr. sgt_doom. I appreciate your viewpoints and information, but saying that the apparent solution is to "Do a Dorner..." is totally bananas. So we all should shoot a few people, probably some cops?, and then lead the police on a massive manhunt? How will that effect positive change again? You've really lost me.
Things can and do change for the positive in this country. I recognize the clear threats to the liberty of the place that, among others, incoming immigrants recognize as the one of the freest countries in the world. We have our issues and hypocrisies, and we have our work cut out for us, but "Doing a Dorner" is not a useful answer or solution.

Posted by treacle on February 11, 2013 at 2:43 PM

@7 pretty much sums it up --- and if Brendan is still under the impression we exist in a "democracy" and writing one's congress critters, or this matter, truly accomplishes anything, he really is beyond stupidity!

Do a Dorner . . .

Posted by sgt_doom on February 11, 2013 at 2:14 PM

I'm glad that we're using the resources of our government to investigate social networks that might have been involved in petty vandalism. Why is the grand jury focused on this and why do they think that these people's social group is important? Who's trying to make a career out of this? The grand jury has no evidence that any of them know anything about the May Day events. This is another "Are you now or have you ever been..." sort of situation.

Those held have no recourse beyond hoping that the court will lose interest or show mercy. Principle is great and all but the screws of compliance are beginning to twist.

Posted by dirge on February 11, 2013 at 2:07 PM

Cruel and unusual punishment for people who haven't even stood trial. Appalling.

Posted by Pope Peabrain on February 11, 2013 at 1:59 PM

@4 and since when do we live in Soviet Russia? Or Red China?

@6 how about posting those snail mail addresses?

Posted by Will in Seattle

on February 11, 2013 at 1:47 PM

They have the keys to get out. They choose not to use them.

Posted by Rob in Baltimore

on February 11, 2013 at 1:42 PM

Oh, Fed-loving Slog commenters. You have once again outdone yourself in your lack of analysis, compassion, and general humanity.

Posted by Ian Awesome

on February 11, 2013 at 1:20 PM

No judge is going to read, nor care, what a bunch of people with no understanding of the law have to say about these dumb kids.

Posted by giffy on February 11, 2013 at 1:00 PM

I read most of the attorney's response as "she wants to work out and finds it hard to do so"

I mean really, that's the best you could focus on? It hurts to do sit-ups?

Posted by The CHZA on February 11, 2013 at 12:56 PM

You know, they could ANSWER THE EFFING QUESTIONS the judge asked of them in an otherwise low-rent prosecution.

Posted by fetish on February 11, 2013 at 12:39 PM

Thanks for adding the other methods.

But, I should point out, snail mail is typically far more effective than email for making change, even if it's a postcard.

(yes, I know I brought it up when you had no email links)

Posted by Will in Seattle

on February 11, 2013 at 12:35 PM

It's taking the Feds a different amount of time because they are pursuing charges for a different crime. Also this was an entirely avoidable situation, all they had to do was spend a day or two testifying and they would never have needed to go to prison. The fact is they probably did know something about the people who went around breaking windows and refused to testify against them. Defend vandals all you like, no one made them run around breaking stuff during the May Day protests, plenty of people protested peacefully, except the anarchists who were busy getting their jollies wreaking things for the hell of it. I have no sympathy for them.

Posted by Breakityoubuyit on February 11, 2013 at 12:32 PM