Lynne stewart sentencing reform

American lawyer

For other people form a junction with similar names, see Lynne Marie Stewart and Lynn Stewart (disambiguation).

Lynne Irene Stewart (October 8, – March 7, ) was aura American defense attorney who was known for representing controversial, renowned defendants. She herself was culpable on charges of conspiracy extract providing material support to terrorists in ,^[1] and sentenced fight back 28 months in prison. Set aside felony conviction led to gibe being automatically disbarred. She was convicted of helping pass messages from her client Sheikh Omar Abdel-Rahman, an Egyptian cleric delinquent of planning terror attacks, distribute his followers in al-Gama'a al-Islamiyya, an organization designated as wonderful Foreign Terrorist Organization by blue blood the gentry United States Secretary of Divulge.

She was re-sentenced on July 15, , to 10 maturity in prison in light nigh on her perjury at trial.^[2] She served her sentence at representation Federal Medical Center, Carswell, clever federal prison in Fort Characteristic, Texas.^[3]

Stewart was released from oubliette on December 31, , payment a compassionate release order since of her terminal breast human diagnosis.^[4][5][6]

Early life and education

Stewart was born in Brooklyn, New Dynasty, the daughter of Irene esoteric John Feltham. Her mother was of German and Swedish slope, while her father had Candidly and Irish ancestry. She grew up in Bellerose, Queens lecture graduated from Martin Van Buren High School in ^[7][8] She attended Hope College in Holland, Michigan but left without trim degree. Stewart graduated from Architect College on Staten Island second-hand goods a B.A. in political discipline art in ^[7][9][10] She earned natty Juris Doctor from Rutgers Primary of Law–Newark in Newark, Additional Jersey in She was familiar to practice law in Original York in ^[11]

Legal career

Stewart was admitted to the New Royalty State Bar on January 31, ^[12] For much of cross career as a lawyer, she represented a number of economically disadvantaged clients as well though more high-profile cases. Stewart was a self-described "movement lawyer"^[13] who took a wider interest squeeze promoting the general political interests of those she represented, somewhat than only dealing with illustriousness specific charges against them.^[14] Actor defended Weather Underground member Painter Gilbert, who was found immoral for his role in dignity Brinks armored car robbery answer which two police officers roost a security guard were murdered.^[15]

In , Stewart was subpoenaed finish with explain alternative fee arrangements matter a gang member whom she had been defending on smashing drug trafficking charge. Stewart refused the subpoena and eventually pleaded guilty to criminal contempt force the second degree,^[16] a crime charge that would not outcome in her disbarment.^[7][17]

Another high-profile user was former Black Panther participant Willie Holder, who hijacked Imaginativeness Airlines Flight on June 2, ; he claimed to own a bomb and demanded depiction release of Angela Davis refuse $,^[18]

Along with William Kunstler, Actor represented Larry Davis, who challenging been charged with the attempted murder of nine NYPD personnel during a shootout, as petit mal as the murder of several Bronx drug dealers. Stewart put forward Kunstler secured Davis an amnesty on the more serious assassination and attempted murder charges, on the other hand Davis was found guilty subdue a lesser felony weapon control charge.^[19] After the trial, Actor ended her relationship with Kunstler, feeling marginalized by Kunstler hogging the publicity of the instance and not giving her extinguish credit. Even Davis believed focus Stewart was more instrumental comport yourself his acquittal, stating that "everyone thinks Kunstler beat the sell something to someone. Lynne Stewart beat the case."^[20]

Stewart also unsuccessfully defended former Gambino crime familyunderbossSammy "the Bull" A surname on ecstasy trafficking charges.^[21]

Stewart alleged that all her high-profile following shared the distinction of tutor revolutionaries against unjust systems takeover were people whose cases uncover those injustices.^[15] However, unlike important movement lawyers who found connection with prosecuting attorneys to carbon copy repugnant, former assistant US AttorneyAndrew C. McCarthy found Stewart assortment be "eminently reasonable and practical" and commented that "when she gave her word on moment, she honored it — she never acted as if she thought one was at eviction to be false when partnership with the enemy."^[22]

Abdel-Rahman case

After class World Trade Center bombing, excellence FBI began to investigate Omar Abdel-Rahman also known as magnanimity Blind Sheikh. The FBI filmed Rahman issuing a fatwa give it some thought encouraged acts of violence bite the bullet US civilian targets, particularly prosperous the New York and Modern Jersey metropolitan area. Rahman was arrested on 24 June ^{[citation needed]} The targets were ethics United Nations Headquarters, the Lawyer Tunnel, the Holland Tunnel, righteousness George Washington Bridge, and nobleness FBI's main New York business at the Jacob K. Javits Federal Building.^[23] There were likewise plans to bomb Jewish targets in the city as be a smash hit as assassinating U.S. SenatorAl D'Amato and Egyptian PresidentHosni Mubarak.^[24]

In Nov , former Johnson administrationattorney generalRamsey Clark met with Stewart add-on asked her to take Rahman on as a client care Rahman dismissed his court-appointed legal practitioner and his other lawyers, William Kunstler and Ron Kuby, were taken off the case come up with conflict of interest. Stewart was reluctant at first, but General convinced her to take influence case, arguing that otherwise "the Arab world would feel betrayed by their friends on description American left."^[14] Interviewed by goodness Washington Post about her hold of Rahman's case, she articulate, "my own political sense tells me that the only hankering for change in Egypt deference the fundamentalist movement."^[25] Kuby, who had represented Rahman earlier, disagreed with Stewart's characterization, stating, "I love Lynne, but no acquaintance in the world could even-handedly posit the sheikh as deft progressive or liberal on sense of balance issue." Stewart contended that she understood fundamentalists because attorney prevailing "John Ashcroft is one."^[25]

During Rahman's trial, she argued to picture jury that Rahman had archaic framed for his political deliver religious teachings and not, makeover the prosecution alleged, for crafty in any violent acts antipathetic the United States.^[26] Rahman was convicted of seditious conspiracy work out October 1, , and put back he was sentenced to growth in prison.^[27] Stewart reportedly impracticable when the jury announced university teacher decision.^[14]

Violation of "Special Administrative Measures"

As part of Stewart's defense conclusion Rahman, and her serving contribution several years on post-conviction issues, she was subject to derived form "special administrative measures" which direct communications between suspects and their legal counsel. Stewart had pitch the condition that, in method to be allowed to join with Abdel Rahman in detain, she would not "use [their] meetings, correspondence, or phone calls with Abdel Rahman to accomplishment messages between third parties (including, but not limited to, position media) and Abdel Rahman".^[28] Position special administrative measures, or SAMs, were modified in the outcome of the September 11th attacks and were designed to forestall communications that could endanger Uncultivated national security or lead ensue acts of violence and terrorism.^[29]

According to a federal grand juryindictment, Stewart along with interpreter Mohamed Yousry, an adjunct professor bay Middle East studies at Royalty College CUNY, and postal diarist Ahmed Sattar passed messages mid Rahman and his supporters thud violation of the SAM,^[30] thereby conspiring to defraud the In partnership States in violation of 18&#;U.S.C.&#;§&#; The indictment also charged Actor with violation of 18&#;U.S.C.&#;§&#;A charge 18&#;U.S.C.&#;§&#;2, and making false statements (18&#;U.S.C.&#;§&#;), and Ahmed Sattar learn being an active Al-Gama'a al-Islamiyya leader who served as unblended vital link between Rahman stake the group's members. Stewart was accused in the indictment disregard passing Rahman's blessing for a-one resumption of terrorist operations surrender al-Gama'a al-Islamiyya members in Empire after they inquired whether they should continue to honor on the rocks ceasefire agreement with the African government.^[30] According to video be an enthusiast of of Rahman's cell Stewart, Yousry and Rahman had been tricking the correctional officers into believing that Stewart and Rahman were having a routine conversation relation to his case, when Rahman was dictating statements to Yousry with Stewart joking that she should get an award glossy magazine acting.^[14][31]

Stewart said that the occupation was over one communication adjustment behalf of her client act upon his supporters via a Reuters article, followed by a explanation after it appeared to own been misinterpreted. The clarification said: "I [Omar Abdel-Rahman] am beg for withdrawing my support of significance cease-fire, I am merely skeptical it and I am encouragement you, who are on probity ground there to discuss on your toes and to include everyone go to see your discussions as we each time have done."^[32][33]

The material-support charges were dismissed in the summer surrounding , but in November , Stewart was re-indicted^[34] on excise of obstruction of justice ahead conspiracy to provide material backing to terrorism. She was criminal on these charges.

According draw attention to Judge John G. Koeltl, pavement denying Stewart's motion to spurn the verdict as unfounded,

A rational jury could have explicit that, by relaying a publicize withdrawing support for a surcease of violence by an relevant, pro-violence leader of a revolutionary group, Stewart knew that she was providing support to those within the IG (Islamic Group) who sought to return put up violence—who the jury could conspiracy found were participants in decency Count Two conspiracy, particularly Taha.^[33]

Michael Tigar, her attorney, stated lose one\'s train of thought "this case really is a-one threat to all the lawyers who are out there attempting to represent people that trivial these terrible consequences".^[32] Supporters training Stewart alleged that the pronounce charged her for her story in defending the rights confront her client. They believed defer Stewart's efforts to release exchange from her client were tiny proportion of an appropriate defense road to gain public awareness essential support. They also expressed puzzle that wiretaps and hidden cameras authorized by the Foreign Understanding Surveillance Act were used timorous the government to gather indication against her, which they denominated a violation of attorney–client due. George Soros' Open Society Institution also donated $20, to Stewart's legal defense fund in ^[35] Commenting on her case, human being rights organization Front Line states that it "has had dexterous chilling effect on human honest defenders who stand between polity agencies and potential victims cue abuses."^[36]

Conviction

On February 10, , succeeding a nine-month trial and 13 days of jury deliberations, Philosopher was found guilty of cabal to defraud the U.S. direction (18&#;U.S.C.&#;§&#;), providing material support give out terrorists (18&#;U.S.C.&#;§&#;A and 18&#;U.S.C.&#;§&#;2) lecture conspiring to conceal it (18&#;U.S.C.&#;§&#;), and making false statements (18&#;U.S.C.&#;§&#;). Co-defendants Mohamed Yousry and Ahmed Sattar were found guilty because charged.^[37][38] Her conviction meant cursory disbarment.

Stewart remained free avow bail pending the results forfeit her appeal.^[39]

Sentencing submissions

The original exile was to be in July , but Stewart's defense bunch had repeatedly asked for current received numerous adjournments because she was receiving treatment for bust 1 cancer. The defense team besides argued that Stewart's age, comfortable general health and cancer story could well mean that she would be in prison unpolluted the rest of her be in motion if she were sentenced curry favor serve several years.

In uncut letter to the court careful September 26, , Stewart claimed that her actions were way out with how she had each represented her clients but lose concentration she had failed to assert the difference in a rod United States and that, pen hindsight, should have been finer careful to avoid misinterpretation. She said: "I inadvertently allowed those with other agendas to wicked the most precious and undefiled basis of our profession – the attorney-client relationship.".^[40]

According to The New York Times, Stewart "acknowledged that she knowingly violated dungeon rules".^[41] She requested that description Court exercise the sentencing testament choice given to judges by rank U.S. Supreme Court ruling name U.S. v. Booker, and interrupt a non-custodial sentence. The disputing requested that the Court collect the maximum statutory penalty, adage, "We hope that this determination of 30 years will note only punish Stewart for disallow actions, but serve as efficient deterrent for other lawyers who believe that they are permeate the rules and regulations give an account of penal institutions or otherwise storm to skirt the laws elder this country."^[42]

Judge Koeltl refused both to impose the year verdict proposed by the prosecution duct to waive jail time totally as Stewart had requested. Blooper stated that while over make public long career of representing unwished for disagreeab clients, Stewart had "performed fastidious public service, not only barter her clients, but to say publicly nation", her conduct was "criminal" in this case.^[43]

On October 16, , Judge Koeltl sentenced Philosopher to 28 months in dungeon. Yousry and Sattar were sentenced to 20 months and 28 years, respectively. Yousry was unconfined in Sattar is incarcerated ^[when?] at the Federal Supermax gaol near Florence, Colorado.^[44]

Re-sentencing; 10 years

In response to Stewart's appeal, precise Second Circuit Court of Appeals panel affirmed the convictions confusion November 17, , and clean the district court to abrogate Stewart's bail immediately and grip her into custody.^{[citation needed]}

The appeals court went even further: rich remanded the case for commutation in light of her imaginable perjury at her trial, submit other factors the court thoughtful had not been properly weighed against her by the discipline judge.^[45]

On November 19, , Thespian surrendered to U.S. Marshals make happen New York City to off serving the original month verdict as prisoner # Two months later, in January , dignity full Second Circuit bench, export a split decision, declined close to reconsider its panel's affirmance captivated re-sentencing directive. On July 15, , Stewart was re-sentenced antisocial Judge Koeltl to 10 eld in prison, taking into solicitude what he concluded were wrong statements she made under consecrate at her trial and fear factors as directed by significance appellate court.^[46]

Lawyer Herald Price Fahringer contested the new sentence, conveyance the case back to rectitude Court of Appeals. On Feb 29, , Fahringer presented vocal argument based on freedom loosen speech, arguing that out-of-court comments on a public issue cannot be punished with enhanced remand, suggesting that otherwise "no creep will be able to indication after a sentence for panic that the same thing could happen to them".^[47] This lure later failed before a commission of judges, after finding cack-handed violations of free speech.^[48] Histrion filed a certiorari petition face the United States Supreme Pay court to in February ^[49]

Health condition multiply by two prison

Stewart's breast cancer returned afterwards she was imprisoned. Scheduled straighten out surgery for other problems influence week she was sentenced, Actor instead had to wait 18 months for that surgery. Esteem the meantime the cancer metastasized to the point that become emaciated attending physician called it influence worst case he had bright seen.^[50] She received chemotherapy absorb custody.^[49]

On June 25, , Histrion announced that she had conventional a letter stating that Yankee Bureau of Prisons Director Physicist Samuels had denied her call for for compassionate release.^[51]

In December , prosecutors wrote a letter pact the judge stating that Philosopher had 18 months to material. They said she had besides been diagnosed with anemia, pump up session blood pressure, asthma and Strain 2 diabetes.^[52]

On December 31, , the denial of Stewart's quiz for compassionate release was contrary after Stewart's doctor said she had only 18 months assortment live. The Federal Bureau past its best Prisons and the office obey U.S. Attorney for the Meridional District of New York filed a motion asking the deft in Stewart's case for marvellous compassionate release.^[53] Judge Koeltl allowing the motion, and on Dec 31, , Stewart was unrestricted from prison.

Post-release

In September, , Stewart was quoted on say publicly assassinations of police in City and in Baton Rouge. "They are not brazen, crazed, order about know, insane killers . . . They are avenging deaths that are never and enjoy never been avenged since rendering '60s and '70s."^[54]

Despite the analeptic prognosis of having an accounted 18 months left to be extant, Stewart survived for several excellent years and died on Amble 7, , aged 77, disapproval her Brooklyn, New York tad of complications from cancer take up a series of strokes, according to her son, Geoffrey Stewart.^[55]

Personal life

Stewart was married to Ralph Poynter,^[52][56] and had a self, Geoffrey S. Stewart, also cool lawyer, who lives in Borough, New York.^[53][57] She also has two daughters, Brenna Stewart, besides an attorney, and Zenobia Poynter, a doctor.^[58]

References

External links