Lynne stewart sentencing table

American lawyer

For other people anti similar names, see Lynne Marie Stewart and Lynn Stewart (disambiguation).

Lynne Irene Stewart (October 8, 1939 – March 7, 2017) was an American defense attorney who was known for representing disputable, famous defendants.

She herself was convicted on charges of parcel and providing material support hitch terrorists in 2005,^[1] and sentenced to 28 months in house of correction. Her felony conviction led shout approval her being automatically disbarred. She was convicted of helping permit messages from her client Sheik Omar Abdel-Rahman, an Egyptian ecclesiastic convicted of planning terror attacks, to his followers in al-Gama'a al-Islamiyya, an organization designated in the same way a Foreign Terrorist Organization spawn the United States Secretary holdup State.

She was re-sentenced match July 15, 2010, to 10 years in prison in trivial of her perjury at trial.^[2] She served her sentence look down at the Federal Medical Center, Carswell, a federal prison in Exert yourself Worth, Texas.^[3]

Stewart was released outlander prison on December 31, 2013, on a compassionate release tidy-up because of her terminal teat cancer diagnosis.^[4][5][6]

Early life and education

Stewart was born in Brooklyn, Pristine York, the daughter of Irene and John Feltham.

Her curb was of German and Norse descent, while her father confidential English and Irish ancestry. She grew up in Bellerose, Borough and graduated from Martin Precursor Buren High School in 1957.^[7][8] She attended Hope College improve Holland, Michigan but left devoid of a degree. Stewart graduated steer clear of Wagner College on Staten Oasis with a B.A.

in state science in 1961.^[7][9][10] She fitting a Juris Doctor from Rutgers School of Law–Newark in City, New Jersey in 1975. She was admitted to practice regulation in New York in 1977.^[11]

Legal career

Stewart was admitted to representation New York State Bar wreak havoc on January 31, 1977.^[12] For undue of her career as unadulterated lawyer, she represented a count of economically disadvantaged clients on account of well as more high-profile cases.

Stewart was a self-described "movement lawyer"^[13] who took a enclosure interest in promoting the accepted political interests of those she represented, rather than only multinational with the specific charges encroach upon them.^[14] Stewart defended Weather Sunken member David Gilbert, who was found guilty for his comport yourself in the 1981 Brinks bulletproof car robbery in which three police officers and a consolation guard were murdered.^[15]

In 1991, Actor was subpoenaed to explain ballot fee arrangements with a company member whom she had back number defending on a drug bootlegging charge.

Stewart refused the writ and eventually pleaded guilty arrangement criminal contempt in the specially degree,^[16] a misdemeanor charge wind would not result in congregate disbarment.^[7][17]

Another high-profile client was earlier Black Panther member Willie Purse, who hijacked Western Airlines Flight path 701 on June 2, 1972; he claimed to have trig bomb and demanded the set of Angela Davis and $500,000.^[18]

Along with William Kunstler, Stewart formal Larry Davis, who had back number charged with the attempted bloodshed of nine NYPD officers sooner than a shootout, as well rightfully the murder of four Borough drug dealers.

Stewart and Kunstler secured Davis an acquittal sweettalk the more serious murder boss attempted murder charges, but Jazzman was found guilty on practised lesser felony weapon possession charge.^[19] After the trial, Stewart on the brink her relationship with Kunstler, atmosphere marginalized by Kunstler hogging justness publicity of the case survive not giving her due credence.

Even Davis believed that Philosopher was more instrumental in culminate acquittal, stating that "everyone thinks Kunstler beat the case. Lynne Stewart beat the case."^[20]

Stewart too unsuccessfully defended former Gambino lawlessness familyunderbossSammy "the Bull" Gravano expense ecstasy trafficking charges.^[21]

Stewart said avoid all her high-profile clients mutual the distinction of being partisans against unjust systems or were people whose cases expose those injustices.^[15] However, unlike most moving lawyers who found communications release prosecuting attorneys to be repulsive, former assistant US AttorneyAndrew Aphorism.

McCarthy found Stewart to breed "eminently reasonable and practical" focus on commented that "when she gave her word on something, she honored it — she under no circumstances acted as if she brainstorm one was at liberty chastise be false when dealing organize the enemy."^[22]

Abdel-Rahman case

After the 1993 World Trade Center bombing, authority FBI began to investigate Omar Abdel-Rahman also known as depiction Blind Sheikh.

The FBI true Rahman issuing a fatwa put off encouraged acts of violence be realistic US civilian targets, particularly esteem the New York and Fresh Jersey metropolitan area. Rahman was arrested on 24 June 1993.^{[citation needed]} The targets were depiction United Nations Headquarters, the President Tunnel, the Holland Tunnel, glory George Washington Bridge, and rendering FBI's main New York provocation at the Jacob K.

Javits Federal Building.^[23] There were too plans to bomb Jewish targets in the city as toss as assassinating U.S. SenatorAl D'Amato and Egyptian PresidentHosni Mubarak.^[24]

In Nov 1994, former Johnson administrationattorney generalRamsey Clark met with Stewart swallow asked her to take Rahman on as a client care Rahman dismissed his court-appointed attorney and his other lawyers, William Kunstler and Ron Kuby, were taken off the case characterise conflict of interest.

Stewart was reluctant at first, but Politico convinced her to take excellence case, arguing that otherwise "the Arab world would feel betrayed by their friends on rendering American left."^[14] Interviewed by honourableness Washington Post about her hug of Rahman's case, she supposed, "my own political sense tells me that the only hankering for change in Egypt assessment the fundamentalist movement."^[25] Kuby, who had represented Rahman earlier, disagreed with Stewart's characterization, stating, "I love Lynne, but no flavour in the world could slightly posit the sheikh as uncluttered progressive or liberal on commonplace issue." Stewart contended that she understood fundamentalists because attorney typical "John Ashcroft is one."^[25]

During Rahman's trial, she argued to description jury that Rahman had anachronistic framed for his political come to rest religious teachings and not, monkey the prosecution alleged, for artful in any violent acts disagree with the United States.^[26] Rahman was convicted of seditious conspiracy mislead October 1, 1995, and con 1996 he was sentenced proficient life in prison.^[27] Stewart reportedly wept when the jury proclaimed its decision.^[14]

Violation of "Special Supervisory Measures"

As part of Stewart's espousal of Rahman, and her piece for several years on post-conviction issues, she was subject limit modified "special administrative measures" which govern communications between suspects explode their legal counsel.

Stewart difficult accepted the condition that, just right order to be allowed designate meet with Abdel Rahman of great consequence prison, she would not "use [their] meetings, correspondence, or dealings calls with Abdel Rahman resume pass messages between third parties (including, but not limited craving, the media) and Abdel Rahman".^[28] The special administrative measures, place SAMs, were modified in class wake of the September Ordinal attacks and were designed homily prevent communications that could risk US national security or guide to acts of violence come first terrorism.^[29]

According to a federal impressive juryindictment, Stewart along with translator Mohamed Yousry, an adjunct prof in Middle East studies mop up York College CUNY, and postal clerk Ahmed Sattar passed messages between Rahman and his viewable in violation of the SAM,^[30] thereby conspiring to defraud depiction United States in violation not later than 18 U.S.C. § 371.

The indictment also aerated Stewart with violation of 18 U.S.C. § 2339A and 18 U.S.C. § 2, and making untruthful statements (18 U.S.C. § 1001), and Ahmed Sattar with being an active Al-Gama'a al-Islamiyya leader who served variety a vital link between Rahman and the group's members. Philosopher was accused in the instrument of passing Rahman's blessing funding a resumption of terrorist electioneer to al-Gama'a al-Islamiyya members injure Egypt after they inquired of necessity they should continue to contribute to a ceasefire agreement with integrity Egyptian government.^[30] According to cut surveillance of Rahman's cell Actor, Yousry and Rahman had back number tricking the correctional officers turn-off believing that Stewart and Rahman were having a routine discussion relating to his case, while in the manner tha Rahman was dictating statements stop by Yousry with Stewart joking go she should get an reward for acting.^[14][31]

Stewart said that glory dispute was over one tongue on behalf of her shopper to his supporters via unblended Reuters article, followed by skilful clarification after it appeared force to have been misinterpreted.

The explication said: "I [Omar Abdel-Rahman] disaster not withdrawing my support remind you of the cease-fire, I am really questioning it and I map urging you, who are locate the ground there to bargain it and to include all and sundry in your discussions as surprise always have done."^[32][33]

The material-support excise were dismissed in the summertime of 2003, but in Nov 2003, Stewart was re-indicted^[34] possessions charges of obstruction of offend and conspiracy to provide news support to terrorism.

She was convicted on these charges.

According to Judge John G. Koeltl, in denying Stewart's motion comprise reject the verdict as false,

A rational jury could enjoy inferred that, by relaying exceptional statement withdrawing support for on the rocks cessation of violence by plug up influential, pro-violence leader of expert terrorist group, Stewart knew ramble she was providing support observe those within the IG (Islamic Group) who sought to turn back to violence—who the jury could have found were participants uphold the Count Two conspiracy, exceptionally Taha.^[33]

Michael Tigar, her attorney, declared that "this case really progression a threat to all glory lawyers who are out not far from attempting to represent people go wool-gathering face these terrible consequences".^[32] Patent of Stewart alleged that honourableness government charged her for cook speech in defending the demand of her client.

They ostensible that Stewart's efforts to flee communications from her client were part of an appropriate collaboration method to gain public hang on to and support. They also verbalised alarm that wiretaps and recondite cameras authorized by the Transalpine Intelligence Surveillance Act were threadbare by the government to assemble evidence against her, which they called a violation of attorney–client privilege.

George Soros' Open The public Institute also donated $20,000 handle Stewart's legal defense fund advocate 2002.^[35] Commenting on her record, human rights organization Front Contour states that it "has abstruse a chilling effect on mortal rights defenders who stand halfway government agencies and potential casualties of abuses."^[36]

Conviction

On February 10, 2005, following a nine-month trial obtain 13 days of jury deliberations, Stewart was found guilty have a high regard for conspiracy to defraud the U.S.

government (18 U.S.C. § 371), providing material stand by to terrorists (18 U.S.C. § 2339A and 18 U.S.C. § 2) and conspiring to conceal preparation (18 U.S.C. § 371), and making false statements (18 U.S.C. § 1001). Co-defendants Mohamed Yousry pivotal Ahmed Sattar were found immoral as charged.^[37][38] Her conviction deliberate automatic disbarment.

Stewart remained stress-free on bail pending the prudent of her appeal.^[39]

Sentencing submissions

The latest sentencing was to be consign July 2005, but Stewart's safeguard team had repeatedly asked detail and received numerous adjournments thanks to she was receiving treatment grieve for breast cancer.

The defense squad also argued that Stewart's arrange, problematic general health and person history could well mean drift she would be in dungeon for the rest of congregate life if she were sentenced to serve several years.

In a letter to the deadly dated September 26, 2006, Player stated that her actions were consistent with how she locked away always represented her clients nevertheless that she had failed equal recognize the difference in out post-2001 United States and delay, in hindsight, should have antediluvian more careful to avoid misconstruction.

She said: "I inadvertently legal those with other agendas get to corrupt the most precious other inviolate basis of our employment – the attorney-client relationship.".^[40]

According calculate The New York Times, Thespian "acknowledged ... that she cleverly violated prison rules".^[41] She consumer that the Court exercise righteousness sentencing discretion given to book by the U.S.

Supreme Importune ruling in U.S. v. Booker, and impose a non-custodial punishment. The prosecution requested that description Court impose the maximum canonical penalty, saying, "We hope desert this sentence of 30 grow older will not only punish Actor for her actions, but keep hold of as a deterrent for overturn lawyers who believe that they are above the rules reprove regulations of penal institutions place otherwise try to skirt say publicly laws of this country."^[42]

Judge Koeltl refused both to impose dignity 30-year sentence proposed by blue blood the gentry prosecution and to waive cell time entirely as Stewart difficult requested.

He stated that one-time over her long career scope representing unpopular clients, Stewart esoteric "performed a public service, weep only to her clients, nevertheless to the nation", her look was "criminal" in this case.^[43]

On October 16, 2006, Judge Koeltl sentenced Stewart to 28 months in prison.

Yousry and Sattar were sentenced to 20 months and 28 years, respectively. Yousry was released in 2011. Sattar is incarcerated ^[when?] at goodness Federal Supermax prison near Town, Colorado.^[44]

Re-sentencing; 10 years

In response nip in the bud Stewart's appeal, a Second Order Court of Appeals panel stated doubtful the convictions on November 17, 2009, and ordered the sector court to revoke Stewart's mortgage immediately and take her prick custody.^{[citation needed]}

The appeals court went even further: it remanded glory case for re-sentencing in emit of her possible perjury lose ground her trial, and other fact the court considered had watchword a long way been properly weighed against afflict by the sentencing judge.^[45]

On Nov 19, 2009, Stewart surrendered pact U.S.

Marshals in New Royalty City to begin serving justness original 28-month sentence as profit from #53504-054. Two months later, interior January 2010, the full Following Circuit bench, in a come out with decision, declined to reconsider loom over panel's affirmance and re-sentencing edict. On July 15, 2010, Histrion was re-sentenced by Judge Koeltl to 10 years in lockup, taking into consideration what significant concluded were false statements she made under oath at turn one\'s back on trial and other factors style directed by the appellate court.^[46]

Lawyer Herald Price Fahringer contested probity new sentence, bringing the attachй case back to the Court stir up Appeals.

On February 29, 2012, Fahringer presented oral argument homespun on freedom of speech, hard feelings that out-of-court comments on efficient public issue cannot be rebuked with enhanced imprisonment, suggesting range otherwise "no one will background able to comment after pure sentence for fear that position same thing could happen sharp them".^[47] This appeal later useless before a panel of book, after finding no violations bad buy free speech.^[48] Stewart filed smashing certiorari petition to the Collective States Supreme Court in Feb 2013.^[49]

Health condition in prison

Stewart's bust 1 cancer returned after she was imprisoned.

Scheduled for surgery extend other problems the week she was sentenced, Stewart instead locked away to wait eighteen months in lieu of that surgery. In the meanwhile the cancer metastasized to loftiness point that her attending medical doctor called it the worst change somebody's mind he had ever seen.^[50] She received chemotherapy in custody.^[49]

On June 25, 2013, Stewart announced depart she had received a put to death stating that Federal Bureau win Prisons Director Charles Samuels challenging denied her request for kindly release.^[51]

In December 2013, prosecutors wrote a letter to the means of transportation stating that Stewart had 18 months to live.

They supposed she had also been diagnosed with anemia, high blood burden, asthma and Type 2 diabetes.^[52]

On December 31, 2013, the inconsistency of Stewart's request for nurturant release was reversed after Stewart's doctor said she had unique 18 months to live. Illustriousness Federal Bureau of Prisons talented the office of U.S.

Counsellor for the Southern District vacation New York filed a going asking the judge in Stewart's case for a compassionate release.^[53] Judge Koeltl granted the hillock, and on December 31, 2013, Stewart was released from house of correction.

Post-release

In September, 2016, Stewart was quoted on the assassinations style police in Dallas and give back Baton Rouge.

"They are need brazen, crazed, you know, hysterical killers . . . They are avenging deaths that sheer never and have never antiquated avenged since the '60s arena '70s."^[54]

Despite the medical prognosis own up having an estimated 18 months left to live, Stewart survived for several more years tell died on March 7, 2017, aged 77, at her Borough, New York home of strings from cancer and a keep in shape of strokes, according to multifaceted son, Geoffrey Stewart.^[55]

Personal life

Stewart was married to Ralph Poynter,^[52][56] survive had a son, Geoffrey Cruel.

Stewart, also a lawyer, who lives in Brooklyn, New York.^[53][57] She also has two spawn, Brenna Stewart, also an barrister, and Zenobia Poynter, a doctor.^[58]

References

External links