Gay Activists Resist FBI

On March 8, six Kentucky citizens, 5 women, 1 man, all gay activists, were sent to jail for a maximum of one year. Their crime: refusal to talk to the FBI.

I remember quite clearly my first impressions of the FBI-men with serious, determined expressions unfolding stories for me of the Bureau's vigilant struggle against organized crime. Risking life and limb for the goal of justice, they persued a persistant mission to protect the rights of individuals. The "FBI" was America's number 1 rated show. I was a child then; many of us have similar memories. In recent years, the glamor and glory of those heroic episodes has turned into a grim tale of reality. The Watergate Hearings, also a number one rated show, ended our fantasies about the FBI. The stern and determined look of the main characters has been replaced by the shadowy, shifty-eyed countenance of spies, wiretappers, and provacateurs.

For us the childhood dreams about the FBI have collapsed, but for the six people in Lexington these dreams have become night-

mares.

During the summer of 1974, two women lived and worked in Lexington, Kentucky. Lena Paley and May Kelley, both radical les bians, were active in local feminist politics. In January of this year, the FBI began a frantic search in Lexington and Louisville, Kentucky, claiming that Lena and May were actually Susan Saxe and Katherine Powers. Allegedly, these two women robbed a Boston bank and shot shot a Boston police officer in 1970.

Using harassment and intimidation, the FBI attempted to question many Lexington residents suspected of having had associations with Lena and May. They even went so far as to obtain the phone bills of at least one person questioned and investigated all parties called on the bill-including her grandmother. Out-oftown friends of Lexington activists were questioned and intimidated. The FBI surrounded houses of some of the persons questioned in Lexington and out-of-town.

Many people exercised their legal right not to talk with the FBI. Sometimes this was a refusal to talk over the phone or without the presence of their lawyer. Frustrated, the FBI resorted to the use of the Federal Grand Jury as a means of extending their investigation,

Six persons, five women, and one man were issued subpoenas by U.S. Attorney Eugene Siler to appear February 3 before the Federal Grand Jury in Lexington. The six refused to testify. The U.S. District Court Judge refused to drop the subpoenas and gave the witnesses "use immunity” which takes away their Fifth Amendment rights. The six are Marla Seymour, Gail Cohee, Debbie Hands, Linda Link, Jill Raymond, and James Carey Junkin.

On March 6 the witnesses were brought again before the Grand Jury. Again they refused to testify, but they did talk to the grand jurors, attempting to educate them about abuses of their rights as citizens. Judge Moynahan began contempt proceedings in the U.S. court against the six witnesses.

The contempt proceedings were concluded March 8. The six were held in contempt of the Grand Jury and ordered to jail for the life of the Grand Jury (until April 1976), or until they agree to talk. The witnesses were handcuffed, chained at the waists, and led off to several

separate county jails outside of the Lexington

area,

The Attorney for the six, Robert Sedler, read a statement from his clients in the open court. The witnesses affirmed that their refusal to answer was based on principles and was not an effort to conceal information, "We state to the court that none of us know the present whereabouts of the persons known to us as Lena Paley and May Kelley. We further state to the court that we had no knowledge or reason to believe that Lena Paley and May Kelley were persons other than the persons they claimed to be or that they were fugitives from justice."

These people had nothing to hide; they knew nothing of the whereabouts nor anything of the true identity of the suspects. They refused to talk with the FBI, and were willing to face jail in refusing to testify before the Grand Jury because the FBI and Frand Jury are not restricted in the kinds of questions they can ask. The fact is, the FBI is usually probing for as much information as they can get from a witness-about the particular case or any number of others. Probes delve into people's personal lives and often are not limited to facts

relevant to an alleged criminal act. In fact, in this Lexington case, Susan Saxe had been apprehended in Philadelphia and the FBI still persisted in its investigation and the Grand Jury continued to hold the witnesses.

Increasingly, in recent years, there has been widespread abuse of the Grand Jury system. Grand Jury testimony, to which the FBI has access, has become a broad based intelligence gathering mechanism-again showing how the balance of power is being destroyed. Lawyers in this case argued that the Grand Jury subpoenas were used illegally by the FBI, which was not, looking for indictmants, only general information. For instance, popular questions asked by prosecutors in Grand Jury investigations of this nature include, "name every meeting you've attended in the past year, state who was there and what was discussed." When asked by a local repor ter what protects the public from possible abuse of the Grand Jury subpoena power, U.S. Attorney Eugene Siler replied, "absolutely nothing."

One of the people subpoened, Jill Raymond, is a lesbian feminist and longtirne political acti-

vist in Lexington. She says that the FBI apparently had access to her telephone bills because people with whom she has had phone conversations in various parts of the country have been visited by agents of the Bureau. Upon sentencing for contempt, Ms. Raymond stated:"... the penalties are relatively light now, compared to what they may well grow to in the future if people don't try to resist and defend themselves now."

In taking a stand for their civil liberties, these six defendents have stood for the civil rights of all of us. They need our support. The planning committee of the national conference on socialist feminism, to be held this summer in Yellow Springs, Ohio stated: "We see the government's abuse of this Grand Jury proceeding as an unconstitutional attack on the national women's community and movement, an attempt to intimidate and divide women. Resistance to such attempts affirms and strength. ens our sisterhood."

A few days after beginning their jail sentence two of the defendents agreed to talk to the Grand Jury. It was no coincidence that they had been held in miserable jails. During the testimony, one Grand Juror said, "it's clear that you have no knowledge that would assist the FBI.. Why have you refused to testify?" The two defendents were dismissed after three hours of questions. The other four remain in jail..

Here are things that we can do to help: -Write letters to Congresspeople (they are particularly sensitive to this issue since they themselves have been targets of covert investigations) Send copies of your letters to:

U.S.Attorney Eugene Siler

Federal Building

Lexington, Ky. 40507

Justice Department

Washington, D.C.

-inform your friends, neighbors, co-workers of the facts in this case.

J

-Write a letter to the editor of your local paper (there has been general newspaper coverage of FBI activities lately).

-For further information, or to make a donation for legal defense contact: Lexington Grand Jury Defense Fund Committee, P.O. Box 1733, Lexington, Ky. 40501

Mail is lifeblood to people in jail. Write:

Gail Cohee, Bell Co. Jail, Pineville, Ky. 40977 Carey Junkin, Madison Co. Jail, Richmond, Ky 40475

Linda Link, Franklin Co. Jail, Frankfort, Ky. 4060 Jill Raymond, Bell Co. Jail, Pineville, Ky. 40977 Maria Seymour, Franklin Co. Jail, Frankfort, Ky. 40601

KNOW YOUR RIGHTS

If the FBI comes around don't talk and don't lie. Get them to go away and then get legal advice.

page 3/What She Wants/May, 1975