Second person subpoenaed to grand jury in Davenport

Ann McGlynn | Posted: Thursday, November 12, 2009 2:00 am
Quad City Times

A second person is subpoenaed to testify before the federal grand jury in Davenport on Tuesday, for what he believes is an investigation into an animal-rights-related break-in at the University of Iowa in 2004.

Scott DeMuth, 22, was pulled over by FBI agents Monday in the Twin Cities and served a subpoena to appear at the federal courthouse here on the same date and time as Carrie Feldman - Tuesday at 9 a.m., he said in a blog post at davenportgrandjury.wordpress.com .

"Considering that I was 17 and a senior in high school, living in Minneapolis, and not even a vegetarian or involved in the animal rights movement at the time of the supposed action, it should be pretty blatant how ridiculous and far-reaching this grand jury is," DeMuth said in an email interview. "Given that both Carrie and I are involved in prisoner support for people who have committed (Earth Liberation Front) and (Animal Liberation Front) actions, it would not be a far stretch to assume that these subpoenas are being used as a fishing expedition for information and as a punitive action against the beliefs we hold and the legal work that we do."

DeMuth plans to remain silent Tuesday in front of the grand jury, he said. DeMuth is not allowed to have an attorney present during the proceedings, and no judge is presides either, something DeMuth believes is a violation of basic rights. "I do not want to legitimize or empower this proceeding with my cooperation," he said.

"I will exercise my legal right, and my personal obligation, to remain silent. No punishment could be more severe than surrendering my personal values. So I am willing to accept whatever consequences may come of that decision," DeMuth said.

Feldman, 20, refused to testify when she appeared before the grand jury in October. She plans to do so again Tuesday. A person can be taken into custody and criminally charged for refusing to testify after they are offered a specific type of immunity.

The two were partners for a few years, Feldman said, beginning in 2005. She is an anarchist, she said.

"To me, anarchism is about living sustainably and collectively, resisting hierarchy and oppression in all the forms that it takes - be it racism, animal exploitation, imperialism, environmental destruction, homophobia or any other," she said in an email interview. "Other people often understand it as a thoughtless romanticism of violence and disorder. There can be order and organization and community that does not involve hierarchy."

Mike Bladel, spokesman for the U.S. Attorney for the Southern District of Iowa, would not confirm or deny any information regarding grand jury proceedings, which are secret.

Feldman, DeMuth and their supporters are planning a potluck fundraiser in Minneapolis on Thursday evening, as well as rallies on Tuesday morning at the federal courthouses in Davenport and Minneapolis.

The FBI was called in to investigate the November 2004 vandalism and break-in at the University of Iowa's Spence Laboratories and Seashore Hall.

The Animal Liberation Front, an underground animal-rights activist group, claimed responsibility for the damage to lab equipment and the release of 88 mice and 313 rats used in psychology department experiments. The break-in was designated as domestic terrorism.

UI officials estimated the damage in the hundreds of thousands of dollars and offered a $10,000 reward for tips leading to identification of the vandals.

A 50-minute video released to the media by ALF after the break-in showed at least four masked people had access to electronic keys and took their time as they ransacked the laboratories.

David Skorton, then-president of the university, condemned the destruction and the implied threat to researchers in an e-mail, which listed researcher names, home addresses and phone numbers. The e-mail was posted on a Web site that posts reports of ALF activity.

The environment for researchers at the university, Skorton said, was "permanently altered."

Indeed, the Iowa Board of Regents voted earlier this year to build a new animal research facility underground. Officials cited safety concerns as the reason for building underground.

No one was arrested in connection with the action.

ALF, according to its Web site, is "a loosely associated collection of cells of people who intentionally violate the law in order to free animals from captivity and the horrors of exploitation." The people in one cell do not know people in other cells to "prevent legal authorities from breaking up the organization."

They break into buildings to release animals, destroy property and use intimidation to "prevent further animal abuse and murder," the site says.

DeMuth and Feldman also are mentioned in a search warrant related to 2008 Republican National Committee convention protesters in Minneapolis, documents on a Web site devoted to the convention say. Specific protesters who were criminally charged are known as the RNC 8.

Feldman, she said, was featured in a video promoting protest efforts in advance of the convention. The video can be found at rnc08report.org/archive/403.shtml. DeMuth was not involved in the video, but did escort an elder during a march on the first day of the convention, he said.

Feldman is taking a year off college to care for her grandmother, she said. DeMuth is a graduate student at the University of Minnesota.