Judge Keeps Pair in Jail

A federal judge refused Thursday to release two environmental and animal-rights activists who were jailed 16 days ago in an effort to force them to testify before a grand jury investigating a high-profile arson case.

U.S. District Court Judge Irma Gonzalez said that more time in jail may persuade the activists to drop their opposition to the grand jury proceeding and testify, particularly after they see the hardships their absences are inflicting on their loved ones.

On July 12, Gonzalez ordered David Agranoff, 31, a leader in Compassion for Farm Animals, and Danae Kelley, 21, an environmental activist and vegan, sent to jail after they refused to testify. Another activist, who was faced with the same threat, testified.

Agranoff and Kelley refused to discuss a speech they attended by a leader of the Earth Liberation Front, the group that has claimed responsibility for an Aug. 1, 2003, fire that destroyed an upscale condominium project under construction in the University City neighborhood.

The San Diego speech by Rodney Coronado, a convicted arsonist, occurred the day after the fire.

Their attorneys assert that forcing Agranoff and Kelley to testify will violate their constitutional rights to freedom of association. They are not suspects in the fire, officials said.

“They’re obstinate, hard-headed people who will not change,” lawyer Jeremy Warren told Gonzalez. “I don’t think anybody wants to be a martyr, but [they’re] in that position.”

Gonzalez said the law would allow her to free them if she was convinced that further incarceration would not make them testify.

But she said that after 16 days she was unwilling to reach that conclusion, despite letters from the pair vowing not to back down.

She said that Kelley may decide to testify after her husband, a sailor, returns from deployment this weekend and that Agranoff may testify if he realizes that his wife needs him.

“They chose to do this [and] it may bring some suffering to others in their family,” Gonzalez said. “They hold the key to their release.”

The law allows someone who refuses to testify to be held for up to 18 months in hopes that life behind bars will change their mind. But the law also allows a judge to free the prisoner if the judge is convinced that further incarceration will be futile.

Three dozen protesters picketed the downtown courthouse before the hearing. Protest leader Nik Hensey accused the government of forcing activists to testify as a way to cover up their inability to find the arsonist who was responsible for the 2003 fire.

In court, Assistant U.S. Atty. Stephen Cook told Gonzalez that testimony from Agranoff and Kelley was vital to the investigation. In a conference that was held out of earshot of defense attorneys and spectators, Cook told the judge why the government believed that the testimony was important.

Cook said that freeing the two might embolden other witnesses who were called to the grand jury to remain silent. “You can see the impact that might have on this investigation and others,” he said.

Gonzalez said that, although she did not doubt the sincerity of Agranoff and Kelley’s beliefs, their refusal to testify was tantamount to “attacking the grand jury system.”

Warren said appeals seeking bail for the pair were underway.

Agranoff has been kept in solitary confinement after a protest outside the Metropolitan Correctional Center. Kelley, who is in a facility for women, has complained of stomach pains after being served bread and peanut butter, her attorney said.

As they left the courtroom, under guard by three deputy marshals, Agranoff waved to his supporters. Kelley waved and blew a kiss.