In Re Proceedings to Enforce Grand Jury Subpoenas

OPINION

JOSEPH S. LORD, III, Chief Judge.

On November 4,1976, Anna Jane Feeney, Albert E. Pace, Henry Pace, Jr., Maryann Pace, Joseph Trout, Dolores Trout and Patrick Joseph Dixon appeared before the grand jury pursuant to subpoena, but refused to comply with the grand jury demand for handwriting exemplars, fingerprints, photographs and voice exemplars (“physical characteristics”). We must decide whether a defendant in a civil contempt action 1 stemming from the defendant’s refusal to divulge physical characteristics may defend by asserting that the grand jury subpoena was the primary product…