Lesbians and Gay Men The Grand Jury's In Town

LESBIANS and GAY MEN

The Grand Jury’s In Town

FEINSTEIN, FREITAS AND THE SFPD ARE TRYING TO BLAME THE MAY 21 RIOT ON US. THEY’VE CALLED IN A CALIFORNIA GRAND JURY TO INVESTIGATE THE TWINKIE RIOT AND TO IDENTIFY “THE PERPETRATORS.” THE D.A. WILL TAKE THAT INFORMATION AND USE IT TO CHARGE US WITH CRIMES. SOME OF US MAY END UP SERVING MORE TIME IN PRISON THAN DAN WHITE!

Build our community! Fight the Grand Jury!

DON’T TALK

AS MORE AND MORE OF US BEGIN TO FIGHT BACK, THE STATE WILL USE DIFFERENT WAYS TO TRY TO DIVIDE AND STOP US. GRAND JURIES ARE ONE WAY. FEW OF US HAVE HAD DIRECT CONTACT WITH GRAND JURIES. WE NEED TO LEARN WHAT WE CAN, AND ANSWER ALL THE QUESTIONS WE HAVE ABOUT THEM:

Q: Why are Grand Juries used?

A: THEY ARE A WAY THE GOVERNMENT CAN GET INFORMATION THEY CAN’T GET OTHERWISE. WHEN THERE’S NOT ENOUGH EVIDENCE TO CHARGE SOMEONE WITH A CRIME LIKE “INCITING TO RIOT,” THE GRAND JURY, WHICH MEETS IN SECRET, IS ALLOWED TO USE SUCH THINGS AS WIRETAPPING AND HEARSAY EVIDENCE TO GET THE ANSWERS THEY WANT.

Q: Who’s on a California Grand Jury?

A: A PANEL OF 16-23 PEOPLE CHOSEN FROM A LIST MADE UP BY JUDGES. AS JUDGES ARE USUALLY WHITE, MALE, AND RULING CLASS, SO ARE THE PEOPLE THEY KNOW. THEY SERVE ON THE GRAND JURY FROM A FEW WEEKS TOA FEW MONTHS (UNLIKE A FEDERAL GRAND JURY WHICH MEETS FOR 18 MONTHS).

Q: Why is the Grand Jury investigating the May 21 riot?

A: ONE REASON IS THAT, IN THIS ELECTION YEAR, FEINSTEIN AND FREITAS WANT TO SHIFT THE BLAME FOR THE RIOT FROM THE SYSTEM THAT LET DAN WHITE OFF TO THE PEOPLE WHO EXPRESSED OUR OUTRAGE THE NIGHT OF MAY 21.

Q: Why should the Grand Jury be interested in me?

A: THE GRAND JURY HAS ACCESS TO ALL THE PHOTOS TAKEN BY THE MEDIA AND THE POLICE ON MAY 21. CHANCES ARE THEY WILL SUBPOENA WHOMEVER THEY CAN IDENTIFY. (A SUBPOENA IS A LEGAL ORDER TO PRESENT YOURSELF FOR INTERROGATION BY THE GRAND JURY.) IF THEY’RE OUT TO GET CERTAIN PEOPLE, THEY’LL OFTEN SUBPOENA THAT PERSON’S FRIENDS OR CO-WORKERS. YOU MIGHT NOT KNOW (AND THEY DON’T HAVE TO TELL YOU) WHY YOU WERE SUBPOENAED. IT MIGHT BE A FISHING EXPEDITION OR IT MIGHT BE BECAUSE YOU WERE ROOMMATES WITH “X” 3 YEARS AND 4 HOUSES AGO.

Q: If I have evidence against the police, should I testify?

A: NO! NO MATTER WHAT, DON’T TALK. ONCE YOU START TALKING TO THE GRAND JURY YOU MUST ANSWER ALL THEIR QUESTIONS OR FACE BEING JAILED FOR CONTEMPT. AND, A SEEMINGLY HARMLESS QUESTION COULD END UP IMPLICATING A GAY BROTHER OR LESBIAN SISTER. IF YOU DO HAVE EVIDENCE AGAINST THE. COPS, LET THE NATIONAL LAWYERS GUILD KNOW (SEE LAST PAGE).

Q: Are there other reasons I shouldn’t talk?

A: YES. ANYTHING YOU SAY CAN AND PROBABLY WIL BE USED AGAINST YOU OR SOMEONE ELSE. ALSO, THE MORE WE STICK TOGETHER AND REFUSE TO TALK TO THE GRAND JURY, THE LESS INFORMATION THEY’LL HAVE TO USE AGAINST OUR COMMUNITY.

Q: What can I say to the Grand Jury if I’m subpoenaed?

A: OUR BEST PROTECTION IS TO USE THE RIGHTS AGAINST SELF-INCRIMINATION GUARANTEED TO US UNDER THE FIFTH AMENDMENT. SO, WHEN THEY ASK YOU A QUESTION YOU TELL THEM -“I REFUSE TO ANSWER ON THE GROUNDS IT MAY INCRIMINATE ME.”

STRANGE THINGS START HAPPENING WHEN THE GRAND JURY IS IN TOWN...

—Our phones start to make funny noises

—Insurance salesmen come by at 3:00 in the morning

—Census takers drop by to ask lots and lots of questions.

—Strangers in suits come to your job to talk to your boss about you.

—Don't talk to anyone who is in any way suspicious. Let your roommates, friends and neighbors know what’s going on. Tell them not to talk. Investigators can lie to us but we can’t lie back. Our best weapon is silence — they can’t use it against us.

PEOPLE’S HISTORY #439

We have good reason to be uptight about grand juries. Federal grand juries and their agents, the FBI and local cops, have harrassed, intimidated and disrupted lesbian communities in Boston and Lexington, KY. They did the same thing to the progressive and women’s communities in Seattle, WA. Grand Juries have created atmospheres of mistrust and fear in the communities they’ve investigated, making it hard for people to live and work together. We must resist the Grand Jury as a community!!!

IF YOU ARE SUBPOENAED HERE ARE 13 EASY STEPS TO FIGHT THE GRAND JURY

1. The subpoena will be served personally to you (often dropped at your feet) by a policeman, sheriff’s deputy, etc.

2. Call a lawyer immediately. If you don’t have money and/or don’t know one, phone the National Lawyer’s Guild. Ask them to contact the DA and ask for a “continuance.” This means you want the date of the appearance postponed in order to prepare better. This must be done by lawyer—not you.

3. Talk to anyone you know who has appeared before a Grand Jury, and/ or this one in particular.

4. When you go to the Grand Jury, don’t go alone. Have a lawyer and friend go with you.

5. Follow all procedures carefully or you may unwittingly waive your rights or implicate a friend.

6. State only your Name, Address, and Age. Answer NO questions, not even simple ones (like your hair color or “yes, this 1s a picture of me”).

7. Take a piece of paper in with you. Have the Fifth amendment written on it.

8. When asked a question, don’t answer. Write it down, then ask the foreman for permission to leave the room to consult with counsel.

9. Return and read the Fifth off your piece of paper.

10. After they ask you a few questions and try to intimidate you and get you to mess up and talk and they fail (YEAH!) they will either dismiss you or set up an immunity hearing. Immunity is their way of forcing you to talk. Immunity hearings are another procedure—you get to have your lawyer with you.

11. After you appear before the Grand Jury, contact all the people you think the State will be after.

12. Tell your comrades all the questions you were asked.

13. Above all, don’t be intimidated. Remain cool and firm. Answer nothing. Just repeat the Fifth amendment over and over.

For further legal information contact the National Lawyer’s Guild at (415) 285-5066.

This leaflet was written and is distributed by Lesbians Against Police Violence. Contact us at 652-3330, x392 or write us c/o P.O. Box 23984, Oakland 94623.