Is fear of retaliation sufficient to prevent a prisoner from testifying before a grand jury?

More importantly, appellant's claim (perhaps, also, Mallory ) is contrary to the principles enunciated in Dupuy v. United States, 518 F.2d 1295 (9th Cir.1975) (per curiam). In that case, the appellant declared that "his life would be endangered by his fellow prisoners if he testified...." Id. He claimed that was just cause for his refusal. We responded:

No federal court in a reported decision has held that fear of retaliation is sufficient reason to refuse to testify. To do so in this case would mean that virtually every prisoner in the United States, and many millions of people at large, would be freed of the duty to appear and testify before a grand jury. We choose to follow the reported decisions of those courts which have already held that fear of physical harm does not excuse a witness from testifying. United States v. Doe, 478 F.2d 194 (1st Cir.1973); In re Kilgo, 484 F.2d 1215 (4th Cir.1973); In re Grand Jury Proceedings, 509 F.2d 1349 (5th Cir.1975); La Tona v. United States, 449 F.2d 121 (8th Cir.1971).

Id. Accord In re Grand Jury Proceedings (Lowry), 713 F.2d 616, 617 n. 1 (11th Cir.1983) (per curiam).