2 Activists Released From Jail

SAN DIEGO —  A federal appeals court Friday ordered the release of two environmental and animal-rights activists jailed July 12 after they refused to testify before a federal grand jury probing an arson fire thought to be set by radical environmentalists.

Without comment, a panel of the U.S. 9th Circuit Court of Appeals in San Francisco voted 2-1 to order U.S. District Judge Irma Gonzalez to set bail for the pair.

Gonzalez set the minimum bail for David Agranoff, 31, and Danae Kelley, 21: for each, a $1,000 bond to be forfeited if they fail to appear at future hearings.

Federal prosecutors did not ask for higher bail at the late-afternoon hearing. Agranoff and Kelley are not suspects in the arson.

Kelley, released about two hours after Gonzalez set bail, said she was overjoyed to be home with her cat. She said she was prepared to remain in jail rather than testify.

“There was no way I was going to compromise my morals,” she said. “Your morals are your makeup.” Asked about life behind bars, she said, “It was prison. It wasn’t Disneyland.”

Kelley is married to a sailor whose ship is set to return this weekend after a seven-month deployment.

Agranoff, a leader of Compassion for Farm Animals, was released later. He said prison was a difficult experience, “but it’s nothing compared to what the animals and the planet are going through.” He predicted others would refuse to testify.

“When other people see what an empowering experience Danae and I have had, they’ll realize resistance is a better option than selling out your friends,” he said.

At the request of federal prosecutors, Gonzalez ordered Kelley and Agranoff jailed on July 12 after they refused to testify before a grand jury investigating the Aug. 1, 2003, arson that destroyed a condominium complex under construction.

Prosecutors want them to answer questions about a speech the next night by a leader of the Earth Liberation Front, the group that took responsibility for the fire by leaving a banner at the scene, “Build It and We Will Burn It.”

Attorneys for the two have filed an appeal with the 9th Circuit claiming San Diego prosecutors are abusing their authority in demanding that Agranoff and Kelley testify.

The pair will remain free on bond awaiting a hearing and decision by that court.

Jeremy Warren, attorney for Agranoff, said the prosecution is violating the pair’s constitutional rights as part of a campaign aimed at activist groups.

“They’re using their power to harass and intimidate people just trying to use their 1st Amendment rights to associate and dissent,” Warren said.