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Remedies Keyed to Kovacic-Fleischer, 8th
Simkin v. United States
Citation:
715 F.2d 34 (1983)Facts
Morris Simkin pled guilty to cocaine possession with intent to distribute in 1981 and was sentenced to six months incarceration. Prior to his scheduled release, he was subpoenaed before a grand jury and granted use immunity. Despite prosecutors’ assurances that cooperation would benefit him at sentencing and despite facing potential lengthy imprisonment, Simkin refused to identify his drug suppliers or customers, asserting fear for his own safety and that of his mother and uncle. He also claimed religious objections based on Jewish law’s prohibition against informants. On November 3, 1982, Judge Costantino held Simkin in civil contempt and ordered him confined until he testified, but for no longer than the eighteen-month term of the grand jury. Over the following eight months, Simkin’s counsel made four applications for release, arguing that Simkin was irrevocably committed to silence and that continued confinement had become punitive rather than coercive.
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