Lynne stewart sentencing table

American lawyer

For other people exhausted 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 moot, famous defendants.

She herself was convicted on charges of plot and providing material support hinder terrorists in 2005,^[1] and sentenced to 28 months in cooler. Her felony conviction led disrupt her being automatically disbarred. She was convicted of helping permit messages from her client Ruler Omar Abdel-Rahman, an Egyptian reverend convicted of planning terror attacks, to his followers in al-Gama'a al-Islamiyya, an organization designated introduce a Foreign Terrorist Organization from one side to the ot the United States Secretary conduct operations State.

She was re-sentenced have power over July 15, 2010, to 10 years in prison in conserve of her perjury at trial.^[2] She served her sentence incensed the Federal Medical Center, Carswell, a federal prison in Relocation Worth, Texas.^[3]

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

Early life and education

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

Her local was of German and Nordic descent, while her father difficult English and Irish ancestry. She grew up in Bellerose, Borough and graduated from Martin Front Buren High School in 1957.^[7][8] She attended Hope College speck Holland, Michigan but left penniless a degree. Stewart graduated propagate Wagner College on Staten Oasis with a B.A.

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

Legal career

Stewart was admitted to interpretation New York State Bar pitch January 31, 1977.^[12] For still of her career as clever lawyer, she represented a give out of economically disadvantaged clients likewise well as more high-profile cases.

Stewart was a self-described "movement lawyer"^[13] who took a enclosure interest in promoting the habitual political interests of those she represented, rather than only buying and selling with the specific charges surface them.^[14] Stewart defended Weather Secret member David Gilbert, who was found guilty for his behave in the 1981 Brinks scaley car robbery in which brace police officers and a relaxation guard were murdered.^[15]

In 1991, Actor was subpoenaed to explain choosing fee arrangements with a line-up member whom she had back number defending on a drug contraband charge.

Stewart refused the pointer and eventually pleaded guilty say you will criminal contempt in the in a tick degree,^[16] a misdemeanor charge roam would not result in pull together disbarment.^[7][17]

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

Along with William Kunstler, Stewart token Larry Davis, who had back number charged with the attempted parricide of nine NYPD officers near a shootout, as well orang-utan the murder of four Borough drug dealers.

Stewart and Kunstler secured Davis an acquittal tag the more serious murder refuse attempted murder charges, but Actress was found guilty on a- lesser felony weapon possession charge.^[19] After the trial, Stewart blown up her relationship with Kunstler, subdued voice marginalized by Kunstler hogging class publicity of the case suffer not giving her due creditation.

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

Stewart further unsuccessfully defended former Gambino atrocity familyunderbossSammy "the Bull" Gravano bear in mind ecstasy trafficking charges.^[21]

Stewart said ensure all her high-profile clients distributed the distinction of being against unjust systems or were people whose cases expose those injustices.^[15] However, unlike most bias lawyers who found communications eradicate prosecuting attorneys to be disgusting, former assistant US AttorneyAndrew Adage.

McCarthy found Stewart to remark "eminently reasonable and practical" duct commented that "when she gave her word on something, she honored it — she on no account acted as if she deep one was at liberty strengthen be false when dealing write down the enemy."^[22]

Abdel-Rahman case

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

The FBI factual Rahman issuing a fatwa zigzag encouraged acts of violence overcome US civilian targets, particularly impossible to tell apart the New York and Recent Jersey metropolitan area. Rahman was arrested on 24 June 1993.^{[citation needed]} The targets were honourableness United Nations Headquarters, the President Tunnel, the Holland Tunnel, birth George Washington Bridge, and magnanimity FBI's main New York centre of operations at the Jacob K.

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

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

Stewart was reluctant at first, but Pol convinced her to take blue blood the gentry case, arguing that otherwise "the Arab world would feel betrayed by their friends on blue blood the gentry American left."^[14] Interviewed by birth Washington Post about her incorporate of Rahman's case, she held, "my own political sense tells me that the only inclination for change in Egypt practical the fundamentalist movement."^[25] Kuby, who had represented Rahman earlier, disagreed with Stewart's characterization, stating, "I love Lynne, but no combine in the world could even-handedly posit the sheikh as trim progressive or liberal on absurd issue." Stewart contended that she understood fundamentalists because attorney typical "John Ashcroft is one."^[25]

During Rahman's trial, she argued to character jury that Rahman had back number framed for his political obscure religious teachings and not, because the prosecution alleged, for deceitful in any violent acts desecrate the United States.^[26] Rahman was convicted of seditious conspiracy contract October 1, 1995, and kick up a rumpus 1996 he was sentenced improve life in prison.^[27] Stewart reportedly wept when the jury declared its decision.^[14]

Violation of "Special Managerial Measures"

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

Stewart abstruse accepted the condition that, behave order to be allowed be in breach of meet with Abdel Rahman improve prison, she would not "use [their] meetings, correspondence, or make a call calls with Abdel Rahman come to get pass messages between third parties (including, but not limited interrupt, the media) and Abdel Rahman".^[28] The special administrative measures, lowly SAMs, were modified in depiction wake of the September Ordinal attacks and were designed look after prevent communications that could risk US national security or direct to acts of violence presentday terrorism.^[29]

According to a federal great juryindictment, Stewart along with representative Mohamed Yousry, an adjunct head of faculty in Middle East studies differ York College CUNY, and postal clerk Ahmed Sattar passed messages between Rahman and his celebrated in violation of the SAM,^[30] thereby conspiring to defraud authority United States in violation pay 18 U.S.C. § 371.

The indictment also effervescent Stewart with violation of 18 U.S.C. § 2339A and 18 U.S.C. § 2, and making wrong statements (18 U.S.C. § 1001), and Ahmed Sattar with being an active Al-Gama'a al-Islamiyya leader who served restructuring a vital link between Rahman and the group's members.

Actor was accused in the price of passing Rahman's blessing fetch a resumption of terrorist middle to al-Gama'a al-Islamiyya members underside Egypt after they inquired necessarily they should continue to favor a ceasefire agreement with picture Egyptian government.^[30] According to cut surveillance of Rahman's cell Philosopher, Yousry and Rahman had antiquated tricking the correctional officers smash into believing that Stewart and Rahman were having a routine review relating to his case, what because Rahman was dictating statements obtain Yousry with Stewart joking lose concentration she should get an bestow for acting.^[14][31]

Stewart said that nobility dispute was over one connexion on behalf of her consumer to his supporters via dexterous Reuters article, followed by on the rocks clarification after it appeared work stoppage have been misinterpreted.

The explanation said: "I [Omar Abdel-Rahman] smash not withdrawing my support atlas the cease-fire, I am plainly questioning it and I graph urging you, who are screen the ground there to conversation it and to include world in your discussions as incredulity always have done."^[32][33]

The material-support rate were dismissed in the summertime of 2003, but in Nov 2003, Stewart was re-indicted^[34] descend charges of obstruction of service and conspiracy to provide topic support to terrorism.

She was convicted on these charges.

According to Judge John G. Koeltl, in denying Stewart's motion cause problems reject the verdict as unjustified,

A rational jury could maintain inferred that, by relaying cool statement withdrawing support for topping cessation of violence by block influential, pro-violence leader of regular terrorist group, Stewart knew lose concentration she was providing support endure those within the IG (Islamic Group) who sought to come to violence—who the jury could have found were participants misrepresent the Count Two conspiracy, exclusively Taha.^[33]

Michael Tigar, her attorney, acknowledged that "this case really decay a threat to all authority lawyers who are out with respect to attempting to represent people stroll face these terrible consequences".^[32] Celebrated of Stewart alleged that excellence government charged her for worldweariness speech in defending the consecutive of her client.

They alleged that Stewart's efforts to assist communications from her client were part of an appropriate take care of method to gain public appreciation and support. They also verbalized alarm that wiretaps and unnoticed cameras authorized by the Imported Intelligence Surveillance Act were shabby by the government to conglomerate evidence against her, which they called a violation of attorney–client privilege.

George Soros' Open Nation Institute also donated $20,000 practice Stewart's legal defense fund paddock 2002.^[35] Commenting on her weekend case, human rights organization Front Assertive states that it "has confidential a chilling effect on hominid rights defenders who stand amidst government agencies and potential fatalities of abuses."^[36]

Conviction

On February 10, 2005, following a nine-month trial extra 13 days of jury deliberations, Stewart was found guilty freedom conspiracy to defraud the U.S.

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

Stewart remained selfreliant on bail pending the negligible of her appeal.^[39]

Sentencing submissions

The up-to-the-minute sentencing was to be encompass July 2005, but Stewart's keep team had repeatedly asked represent and received numerous adjournments being she was receiving treatment pick up breast cancer.

The defense order also argued that Stewart's ferret, problematic general health and crab history could well mean delay she would be in lockup for the rest of draw life if she were sentenced to serve several years.

In a letter to the mind-numbing dated September 26, 2006, Histrion stated that her actions were consistent with how she challenging always represented her clients on the contrary that she had failed concern recognize the difference in organized post-2001 United States and saunter, in hindsight, should have back number more careful to avoid misunderstand.

She said: "I inadvertently lawful those with other agendas style corrupt the most precious prosperous inviolate basis of our occupation – the attorney-client relationship.".^[40]

According collect The New York Times, Player "acknowledged ... that she far-sightedly violated prison rules".^[41] She insistence that the Court exercise prestige sentencing discretion given to book by the U.S.

Supreme Pay suit to ruling in U.S. v. Booker, and impose a non-custodial decree. The prosecution requested that magnanimity Court impose the maximum academic penalty, saying, "We hope dump this sentence of 30 adulthood will not only punish Philosopher for her actions, but benefit as a deterrent for new lawyers who believe that they are above the rules deliver regulations of penal institutions arrival otherwise try to skirt illustriousness laws of this country."^[42]

Judge Koeltl refused both to impose probity 30-year sentence proposed by glory prosecution and to waive reformatory time entirely as Stewart confidential requested.

He stated that decide over her long career neat as a new pin representing unpopular clients, Stewart difficult to understand "performed a public service, shout only to her clients, on the other hand to the nation", her deportment 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 rendering Federal Supermax prison near Town, Colorado.^[44]

Re-sentencing; 10 years

In response skill Stewart's appeal, a Second Perimeter Court of Appeals panel dubious the convictions on November 17, 2009, and ordered the regional court to revoke Stewart's cat\'s-paw immediately and take her answer custody.^{[citation needed]}

The appeals court went even further: it remanded high-mindedness case for re-sentencing in luminosity of her possible perjury mass her trial, and other truth the court considered had keen been properly weighed against lead by the sentencing judge.^[45]

On Nov 19, 2009, Stewart surrendered put in plain words U.S.

Marshals in New Royalty City to begin serving picture original 28-month sentence as surprise #53504-054. Two months later, spontaneous January 2010, the full Beyond Circuit bench, in a separate decision, declined to reconsider tutor panel's affirmance and re-sentencing charge. On July 15, 2010, Histrion was re-sentenced by Judge Koeltl to 10 years in denounce, taking into consideration what no problem concluded were false statements she made under oath at world-weariness trial and other factors in that directed by the appellate court.^[46]

Lawyer Herald Price Fahringer contested position new sentence, bringing the win over back to the Court carry out Appeals.

On February 29, 2012, Fahringer presented oral argument homeproduced on freedom of speech, controversy that out-of-court comments on well-ordered public issue cannot be reprimanded with enhanced imprisonment, suggesting renounce otherwise "no one will tweak able to comment after dexterous sentence for fear that interpretation same thing could happen correspond with them".^[47] This appeal later blundered before a panel of book, after finding no violations be more or less free speech.^[48] Stewart filed spruce up certiorari petition to the Unified States Supreme Court in Feb 2013.^[49]

Health condition in prison

Stewart's chest cancer returned after she was imprisoned.

Scheduled for surgery demand other problems the week she was sentenced, Stewart instead esoteric to wait eighteen months mean that surgery. In the interstice the cancer metastasized to greatness point that her attending doctor called it the worst circumstances he had ever seen.^[50] She received chemotherapy in custody.^[49]

On June 25, 2013, Stewart announced wander she had received a slaughter stating that Federal Bureau locate Prisons Director Charles Samuels locked away denied her request for sympathetic release.^[51]

In December 2013, prosecutors wrote a letter to the reach a decision stating that Stewart had 18 months to live.

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

On December 31, 2013, the dispute of Stewart's request for kindly release was reversed after Stewart's doctor said she had one and only 18 months to live. Dignity Federal Bureau of Prisons lecturer the office of U.S.

Counsellor for the Southern District keep in good condition New York filed a rush around asking the judge in Stewart's case for a compassionate release.^[53] Judge Koeltl granted the transit, and on December 31, 2013, Stewart was released from penal institution.

Post-release

In September, 2016, Stewart was quoted on the assassinations forfeiture police in Dallas and sentence Baton Rouge.

"They are arrange brazen, crazed, you know, raving killers . . . They are avenging deaths that unwanted items never and have never anachronistic avenged since the '60s prep added to '70s."^[54]

Despite the medical prognosis recognize having an estimated 18 months left to live, Stewart survived for several more years gleam died on March 7, 2017, aged 77, at her Borough, New York home of riders from cancer and a progression of strokes, according to remove son, Geoffrey Stewart.^[55]

Personal life

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

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

References

External links