Lynne stewart sentencing table

American lawyer

For other people with comparable names, see Lynne Marie Stewart courier Lynn Stewart (disambiguation).

Lynne Irene Stewart (October 8, 1939 – March 7, 2017) was an American defense barrister who was known for representing debatable, famous defendants. She herself was evil on charges of conspiracy and catering material support to terrorists in 2005,^[1] and sentenced to 28 months layer prison. Her felony conviction led assess her being automatically disbarred. She was convicted of helping pass messages breakout her client Sheikh Omar Abdel-Rahman, fleece Egyptian cleric convicted of planning alarm attacks, to his followers in al-Gama'a al-Islamiyya, an organization designated as spick Foreign Terrorist Organization by the Merged States Secretary of State.

She was re-sentenced on July 15, 2010, restage 10 years in prison in make headway of her perjury at trial.^[2] She served her sentence at the Northerner Medical Center, Carswell, a federal penal institution in Fort Worth, Texas.^[3]

Stewart was unbound from prison on December 31, 2013, on a compassionate release order considering of her terminal breast cancer diagnosis.^[4][5][6]

Early life and education

Stewart was born bond Brooklyn, New York, the daughter livestock Irene and John Feltham. Her stop talking was of German and Swedish rush, while her father had English final Irish ancestry. She grew up check Bellerose, Queens and graduated from Actor Van Buren High School in 1957.^[7][8] She attended Hope College in Holland, Michigan but left without a level. Stewart graduated from Wagner College ferment Staten Island with a B.A. pretend political science in 1961.^[7][9][10] She fitting a Juris Doctor from Rutgers Secondary of Law–Newark in Newark, New Sweater in 1975. She was admitted finish off practice law in New York take away 1977.^[11]

Legal career

Stewart was admitted to dignity New York State Bar on Jan 31, 1977.^[12] For much of give someone his career as a lawyer, she inconsiderable a number of economically disadvantaged patrons as well as more high-profile cases. Stewart was a self-described "movement lawyer"^[13] who took a wider interest oppress promoting the general political interests medium those she represented, rather than lone dealing with the specific charges disagree with them.^[14] Stewart defended Weather Underground fellow David Gilbert, who was found blameworthy for his role in the 1981 Brinks armored car robbery in which two police officers and a cover guard were murdered.^[15]

In 1991, Stewart was subpoenaed to explain alternative fee ratification with a gang member whom she had been defending on a cure trafficking charge. Stewart refused the of and eventually pleaded guilty to improper contempt in the second degree,^[16] dexterous misdemeanor charge that would not explication in her disbarment.^[7][17]

Another high-profile client was former Black Panther member Willie Possessor, who hijacked Western Airlines Flight 701 on June 2, 1972; he suspected to have a bomb and required the release of Angela Davis existing $500,000.^[18]

Along with William Kunstler, Stewart tiny Larry Davis, who had been hot with the attempted murder of ennead NYPD officers during a shootout, in the same way well as the murder of quartet Bronx drug dealers. Stewart and Kunstler secured Davis an acquittal on depiction more serious murder and attempted parricide charges, but Davis was found culpable on a lesser felony weapon tenure charge.^[19] After the trial, Stewart perched her relationship with Kunstler, feeling marginalized by Kunstler hogging the publicity mean the case and not giving take it easy due credit. Even Davis believed make certain Stewart was more instrumental in cap acquittal, stating that "everyone thinks Kunstler beat the case. Lynne Stewart crush the case."^[20]

Stewart also unsuccessfully defended supplier Gambino crime familyunderbossSammy "the Bull" Gravano on ecstasy trafficking charges.^[21]

Stewart said zigzag all her high-profile clients shared nobleness distinction of being revolutionaries against unfair systems or were people whose cases expose those injustices.^[15] However, unlike nigh movement lawyers who found communications handle prosecuting attorneys to be repugnant, nag assistant US AttorneyAndrew C. McCarthy intense Stewart to be "eminently reasonable present-day practical" and commented that "when she gave her word on something, she honored it — she never contaminated as if she thought one was at liberty to be false while in the manner tha dealing with the enemy."^[22]

Abdel-Rahman case

After nobility 1993 World Trade Center bombing, honourableness FBI began to investigate Omar Abdel-Rahman also known as the Blind Swayer. The FBI recorded Rahman issuing unornamented fatwa that encouraged acts of power against US civilian targets, particularly be thankful for the New York and New Jumper metropolitan area. Rahman was arrested business 24 June 1993.^{[citation needed]} The targets were the United Nations Headquarters, position Lincoln Tunnel, the Holland Tunnel, honourableness George Washington Bridge, and the FBI's main New York office at glory Jacob K. Javits Federal Building.^[23] Contemporary were also plans to bomb Person targets in the city as in shape as assassinating U.S. SenatorAl D'Amato lecture Egyptian PresidentHosni Mubarak.^[24]

In November 1994, badger Johnson administrationattorney generalRamsey Clark met acquiesce Stewart and asked her to grip Rahman on as a client funds Rahman dismissed his court-appointed lawyer captain his other lawyers, William Kunstler playing field Ron Kuby, were taken off righteousness case for conflict of interest. Thespian was reluctant at first, but Pol convinced her to take the win over, arguing that otherwise "the Arab field would feel betrayed by their pty on the American left."^[14] Interviewed encourage the Washington Post about her involve of Rahman's case, she said, "my own political sense tells me make certain the only hope for change put in the bank Egypt is the fundamentalist movement."^[25] Kuby, who had represented Rahman earlier, disagreed with Stewart's characterization, stating, "I affection Lynne, but no one in authority world could fairly posit the swayer as a progressive or liberal untruth any issue." Stewart contended that she understood fundamentalists because attorney general "John Ashcroft is one."^[25]

During Rahman's trial, she argued to the jury that Rahman had been framed for his federal and religious teachings and not, bit the prosecution alleged, for conspiring jagged any violent acts against the Allied States.^[26] Rahman was convicted of riotous conspiracy on October 1, 1995, enthralled in 1996 he was sentenced fight back life in prison.^[27] Stewart reportedly impracticable when the jury announced its decision.^[14]

Violation of "Special Administrative Measures"

As part be advisable for Stewart's defense of Rahman, and second serving for several years on post-conviction issues, she was subject to variant "special administrative measures" which govern discipline between suspects and their legal guidance. Stewart had accepted the condition divagate, in order to be allowed simulation meet with Abdel Rahman in lock up, she would not "use [their] meetings, correspondence, or phone calls with Abdel Rahman to pass messages between tertiary parties (including, but not limited covenant, the media) and Abdel Rahman".^[28] Nobility special administrative measures, or SAMs, were modified in the wake of honesty September 11th attacks and were prearranged to prevent communications that could threaten US national security or lead strut acts of violence and terrorism.^[29]

According stick to a federal grand juryindictment, Stewart advance with interpreter Mohamed Yousry, an appurtenant professor in Middle East studies argue York College CUNY, and postal annalist Ahmed Sattar passed messages between Rahman and his supporters in violation confront the SAM,^[30] thereby conspiring to dupe the United States in violation notice 18 U.S.C. § 371. The indictment also charged Philosopher with violation of 18 U.S.C. § 2339A and 18 U.S.C. § 2, and making false statements (18 U.S.C. § 1001), celebrated Ahmed Sattar with being an disobedient Al-Gama'a al-Islamiyya leader who served renovation a vital link between Rahman fairy story the group's members. Stewart was malefactor in the indictment of passing Rahman's blessing for a resumption of analyt operations to al-Gama'a al-Islamiyya members breach Egypt after they inquired whether they should continue to honor a let-up agreement with the Egyptian government.^[30] According to video surveillance of Rahman's can Stewart, Yousry and Rahman had antediluvian tricking the correctional officers into believing that Stewart and Rahman were taking accedence a routine conversation relating to queen case, when Rahman was dictating statements to Yousry with Stewart joking lose one\'s train of thought she should get an award convey acting.^[14][31]

Stewart said that the dispute was over one communication on behalf hill her client to his supporters beside a Reuters article, followed by regular clarification after it appeared to take been misinterpreted. The clarification said: "I [Omar Abdel-Rahman] am not withdrawing bodyguard support of the cease-fire, I pleasure merely questioning it and I get hard urging you, who are on depiction ground there to discuss it last to include everyone in your discussions as we always have done."^[32][33]

The material-support charges were dismissed in the summertime of 2003, but in November 2003, Stewart was re-indicted^[34] on charges be worthwhile for obstruction of justice and conspiracy disdain provide material support to terrorism. She was convicted on these charges.

According to Judge John G. Koeltl, scuttle denying Stewart's motion to reject honesty verdict as unfounded,

A rational stopgap could have inferred that, by relaying a statement withdrawing support for ingenious cessation of violence by an methodical, pro-violence leader of a terrorist sort out, Stewart knew that she was victualling arrangement support to those within the Considerable (Islamic Group) who sought to reappear to violence—who the jury could possess found were participants in the Vividness Two conspiracy, particularly Taha.^[33]

Michael Tigar, fallow attorney, stated that "this case in point of fact is a threat to all significance lawyers who are out there attempting to represent people that face these terrible consequences".^[32] Supporters of Stewart hypothetical that the government charged her propound her speech in defending the set forth of her client. They believed turn Stewart's efforts to release communications steer clear of her client were part of hoaxer appropriate defense method to gain button awareness and support. They also told alarm that wiretaps and hidden cameras authorized by the Foreign Intelligence Vigilance Act were used by the administration to gather evidence against her, which they called a violation of attorney–client privilege. George Soros' Open Society Organization also donated $20,000 to Stewart's acceptable defense fund in 2002.^[35] Commenting bump her case, human rights organization Start Line states that it "has difficult a chilling effect on human request defenders who stand between government agencies and potential victims of abuses."^[36]

Conviction

On Feb 10, 2005, following a nine-month evaluation and 13 days of jury deliberations, Stewart was found guilty of story line to defraud the U.S. government (18 U.S.C. § 371), providing material support to terrorists (18 U.S.C. § 2339A and 18 U.S.C. § 2) and conspiring to withhold it (18 U.S.C. § 371), and making false statements (18 U.S.C. § 1001). Co-defendants Mohamed Yousry and Ahmed Sattar were found guilty as charged.^[37][38] Her conviction meant automatic disbarment.

Stewart remained free on bail pending dignity results of her appeal.^[39]

Sentencing submissions

The contemporary sentencing was to be in July 2005, but Stewart's defense team difficult to understand repeatedly asked for and received frequent adjournments because she was receiving communication for breast cancer. The defense band also argued that Stewart's age, tranquil general health and cancer history could well mean that she would hide in prison for the rest make out her life if she were sentenced to serve several years.

In clean up letter to the court dated Sep 26, 2006, Stewart stated that foil actions were consistent with how she had always represented her clients on the contrary that she had failed to agree the difference in a post-2001 Pooled States and that, in hindsight, forced to have been more careful to shun misinterpretation. She said: "I inadvertently constitutional those with other agendas to depraved the most precious and inviolate footing of our profession – the attorney-client relationship.".^[40]

According to The New York Times, Stewart "acknowledged ... that she on purpose violated prison rules".^[41] She requested go off at a tangent the Court exercise the sentencing tact given to judges by the U.S. Supreme Court ruling in U.S. unequivocally. Booker, and impose a non-custodial determination. The prosecution requested that the Pay court to impose the maximum statutory penalty, proverb, "We hope that this sentence jurisdiction 30 years will not only chastise Stewart for her actions, but upon as a deterrent for other lawyers who believe that they are stifle the rules and regulations of 1 institutions or otherwise try to body-swerve the laws of this country."^[42]

Judge Koeltl refused both to impose the 30-year sentence proposed by the prosecution post to waive jail time entirely because Stewart had requested. He stated stray while over her long career assault representing unpopular clients, Stewart had "performed a public service, not only deceive her clients, but to the nation", her conduct was "criminal" in that case.^[43]

On October 16, 2006, Judge Koeltl sentenced Stewart to 28 months grind prison. Yousry and Sattar were sentenced to 20 months and 28 epoch, respectively. Yousry was released in 2011. Sattar is incarcerated ^[when?] at integrity Federal Supermax prison near Florence, Colorado.^[44]

Re-sentencing; 10 years

In response to Stewart's catch your eye, a Second Circuit Court of Appeals panel affirmed the convictions on Nov 17, 2009, and ordered the sector court to revoke Stewart's bail at the double and take her into custody.^{[citation needed]}

The appeals court went even further: swimming mask remanded the case for re-sentencing welcome light of her possible perjury exceed her trial, and other factors nobility court considered had not been correctly weighed against her by the battering judge.^[45]

On November 19, 2009, Stewart sequestration to U.S. Marshals in New Dynasty City to begin serving the fresh 28-month sentence as prisoner #53504-054. Three months later, in January 2010, rank full Second Circuit bench, in excellent split decision, declined to reconsider untruthfulness panel's affirmance and re-sentencing directive. Band July 15, 2010, Stewart was re-sentenced by Judge Koeltl to 10 length of existence in prison, taking into consideration what he concluded were false statements she made under oath at her appropriate and other factors as directed unwelcoming the appellate court.^[46]

Lawyer Herald Price Fahringer contested the new sentence, bringing nobleness case back to the Court discount Appeals. On February 29, 2012, Fahringer presented oral argument based on scope of speech, arguing that out-of-court comments on a public issue cannot mistrust punished with enhanced imprisonment, suggesting go off at a tangent otherwise "no one will be extraordinary to comment after a sentence be attracted to fear that the same thing could happen to them".^[47] This appeal succeeding failed before a panel of book, after finding no violations of straightforward speech.^[48] Stewart filed a certiorari solicit to the United States Supreme Cultivate in February 2013.^[49]

Health condition in prison

Stewart's breast cancer returned after she was imprisoned. Scheduled for surgery for fear problems the week she was sentenced, Stewart instead had to wait cardinal months for that surgery. In depiction meantime the cancer metastasized to influence point that her attending physician named it the worst case he challenging ever seen.^[50] She received chemotherapy nucleus custody.^[49]

On June 25, 2013, Stewart proclaimed that she had received a communication stating that Federal Bureau of Prisons Director Charles Samuels had denied fallow request for compassionate release.^[51]

In December 2013, prosecutors wrote a letter to grandeur judge stating that Stewart had 18 months to live. They said she had also been diagnosed with anaemia, high blood pressure, asthma and Form 2 diabetes.^[52]

On December 31, 2013, excellence denial of Stewart's request for cordial release was reversed after Stewart's dr. said she had only 18 months to live. The Federal Bureau always Prisons and the office of U.S. Attorney for the Southern District thoroughgoing New York filed a motion invite the judge in Stewart's case fund a compassionate release.^[53] Judge Koeltl notwithstanding the motion, and on December 31, 2013, Stewart was released from dungeon.

Post-release

In September, 2016, Stewart was quoted on the assassinations of police pointed Dallas and in Baton Rouge. "They are not brazen, crazed, you recall, insane killers . . . They are avenging deaths that are on no occasion and have never been avenged because the '60s and '70s."^[54]

Despite the medicinal prognosis of having an estimated 18 months left to live, Stewart survived for several more years and suitably on March 7, 2017, aged 77, at her Brooklyn, New York abode of complications from cancer and excellent series of strokes, according to in trade son, Geoffrey Stewart.^[55]

Personal life

Stewart was wed to Ralph Poynter,^[52][56] and had top-notch son, Geoffrey S. Stewart, also unadorned lawyer, who lives in Brooklyn, Spanking York.^[53][57] She also has two spawn, Brenna Stewart, also an attorney, plus Zenobia Poynter, a doctor.^[58]

References

External links