Activist who won't testify ordered to stay in jail.

Byline: Rebecca Nolan The Register-Guard

A federal court judge decided Tuesday not to release a Eugene activist who has been jailed for contempt of court since May 18, when he refused to testify before a grand jury investigating arson by radical environmentalists.

Jeffrey Neal Hogg, 32, a nursing student and longtime activist, could spend seven more months in jail if the grand jury's term is extended six months as expected.

Hogg testified Tuesday during a hearing before U.S. District Court Judge Michael Hogan that he does not believe in the constitutionally mandated grand jury system because of the potential for abuse in the secretive process. He said the court's decision to jail him for refusing to testify in the "Operation Backfire" investigation is a violation of his First Amendment rights.

"I mean no disrespect to the court," Hogg said. "I have long-held beliefs about the grand jury system, and I'm not willing to compromise them."

Hogg's attorney, Paul Loney of Portland, argued that Hogg's ongoing incarceration is "no longer coercive, but puni- tive."

He said the government no longer needs Hogg's testimony, because six people have pleaded guilty to involvement in acts of environmental sabotage and have pledged to cooperate with the ongoing investigation. He said the government also has three cooperating witnesses it has identified and an unknown number of witnesses yet to be identified.

"This is an improper use of the grand jury," he said. "They can get their evidence else- where."

The grand jury's 18-month term will end next month, at which time Hogg normally would be released. However, Assistant U.S. Attorney Stephen Peifer said the government will request a six-month extension in coming weeks. Hogg can be incarcerated as long as the grand jury is impaneled, not to exceed 18 months.

Peifer said releasing Hogg would be rewarding a recalcitrant witness. Peifer said Hogg is tied to a larger effort to thwart the grand jury investi- gation.

He said a number of witnesses have provided information about Hogg's alleged involvement in the so-called "Family," including allegations that he attended so-called "Book Club" meetings where tactics and strategies for acts of sabotage were discussed.

"If he thinks he's protecting someone, he's not," Peifer said. "No one's protecting him."

Under questioning from Peifer, Hogg said he "supposed" he would testify before a grand jury if he were the victim of a violent crime. He said the current grand jury is being used for intelligence gathering and called it a political tool.

"So you'd testify before a grand jury that you agree with, but when you don't agree you won't testify?" Peifer said. "You just don't like this particular grand jury because of the subject matter that's involved?"

After a 10-minute in-chambers meeting with Peifer from which Hogg's attorney was excluded, the judge said he would not release Hogg. He said grand juries exist to keep prosecutors from running amok and charging people without justification. He suggested that further incarceration might persuade Hogg to cooperate.

Some of the 35 supporters in the courtroom said, "We love you, Jeff," as he was led away by federal marshals. His partner, Cecilia Story, burst into tears. Outside, supporters cheered as he was led from the courthouse.