In Re Grand Jury Proceedings. Michael C. Lahey, Witness-Appellant v. United States
Opinion
Opinion
Michael C. Lahey (appellant) appeals the district court’s judgment holding him in civil contempt and ordering him incarcerated for refusing to testify before the grand jury. He contends that his refusal to testify is justified by his fear that he or his family will be harmed if he testifies. He argues that his subjective fears of retaliation are objectively reasonable because the government violated secrecy requirements of Fed.R.Crim.P. 6(e) and committed prose-cutorial misconduct by disclosing his status as a grand jury witness to others. We affirm.
BACKGROUND
On January 26, 1989, appellant pleaded guilty to one count of possession of cocaine with intent to distribute. The district court sentenced him to 87 months incarceration on May 17, 1989.
On April 25, 1990, appellant was subpoenaed to testify before a grand jury. Upon appearance before the grand jury, he asserted his fifth amendment privilege against self incrimination and refused to testify. A compulsion order, signed by the district judge, was obtained by the government on June 1, 1990. At his next appearance before the grand jury, appellant again refused to answer questions. The government applied for an order of…