Uncooperative Witnesses Return to Prison

Teri Volpin and Lee Weinberg, two women from Venice, California, who were imprisoned late last year for refusing to testify before a Federal Grand Jury in Tucson, Arizona-and released on March 25, when the Grand Jury was dismissed-are again in prison in Arizona, for refusing to testify before a new Tucson Grand Jury.

Three others from Venice-who were also held in contempt for refusing to testify in Tucson last year-are scheduled to appear before the new Grand Jury on May 18.

Both the old and new Grand Juries have officially been investigating an alleged Weatherman plot to transport explosives from Tucson to California, but only a few questions asked of the witnesses have been related to this matter.

The witnesses have been asked to describe all conversations which took place in their homes during the last two years, all trips they took outside the state of California, and all demonstrations in which they took part.

The Tucson witnesses have refused to testify on the grounds that the questions violate their rights to free speech and free association under the First Amendment and their protection against unreasonable search and seizure under the Fourth Amendment.

Immunity

Generally, the courts have recognized only the privilege against self-incrimination as grounds for refusing to testify. The witnesses have been granted immunity from prosecution, and so cannot refuse to answer on this ground.

The witnesses appealed their first sentences-arguing that their First and Fourth Amendment rights had been violated-and lost. Volpin and Weinberg are now appealing on the ground that their re-imprisonment constitutes double jeopardy.

Harrisburg

At least ten Berrigan case witnesses called before the Federal Grand Jury in Harrisburg, Pa., face jail sentences for refusing to testify before it. Sister Jogues Egan was called and refused to testify in January, shortly after the Grand Jury issued indictments against Father Philip Berrigan and five others charging them with conspiracy.

Sister Jogues was sentenced for contempt, but was released almost immediately pending appeal. Her appeal is still before the Third Circuit Court of Appeals.

Since the Sister Jogues case, five others have been held in contempt for not testifying in Harrisburg. Judge Dixon Herman has stayed all their sentences, pending a decision in Sister Jogues's appeal.

'Criminal Contempt'

Four other Harrisburg witnesses-including Paul Couming, from Dorchester-have been indicted on charges of criminal contempt for refusing to testify in Harrisburg. Defendants charged with criminal contempt are entitled to trial by jury and receive a fixed sentence, if convicted.

Rights Violated

Witnesses charged with civil contempt receive only a hearing. Their sentences are normally for the life of the Grand Jury which they refused to testify before. Imprisonment for civil contempt is considered "coercive" rather than "punitive," since the witnesses can regain their freedom by testifying.