Lynne Stewart's Appeal Brief
Numerous previous articles discussed her case, character, honor, and dedication to justice as the law demands, what it didn't afford her. Two of them covered her imprisonment and re-sentencing, accessed through the following links, here and here.
A brief timeline of her case was as follows:
● indicted on April 9, 2002;
● on February 10, 2005, convicted on all counts;
● on October, 17, 2006, sentenced to 28 months;
● on November 17, 2009, a US Court of Appeals for the Second Circuit three-judge panel upheld the conviction, shamelessly accusing Lynne of "knowingly and willfully making false statements," re-directing her case to District Court Judge John Koeltl for re-sentencing, instructing him to consider enhancements for terrorism, perjury, and abuse of her position as a lawyer - an outrageous mandate intimidating Koeltl to comply.
● on November 19, 2009, Stewart jailed at MCC-NY, 150 Park Row, New York, NY; and
● on July 15, 2010, Stewart re-sentenced to 10 years imprisonment for doing her job honorably, ethically, and admirably with distinction for 30 years.
Disgracefully, Judge Koeltl explained it, saying:
"(C)omments by Stewart in 2006, including a statement in a television interview that she would do 'it' again and would not 'do anything differently' influenced (the) decision....indicat(ing) the original sentence 'was not sufficient' to reflect the goals of sentencing guidelines."
Forgotten were his October 2006 comments, calling Lynne's character
"extraordinary," saying she was "a credit to her profession," and that a long imprisonment would be "an unreasonable result," citing "the somewhat atypical nature of her case (and) lack of evidence that any victim was harmed...."
He also considered her age (70), health (at times poor), distinguished career representing society's disadvantaged and unwanted, and the unlikelihood she'd commit another "crime." However, the Second Circuit Appeals Court intimidated him to comply, his own career perhaps on the line otherwise.
Initially jailed in New York, supporters can now reach her at:
Lynne Stewart
53504-054
FMC Carswell
Federal Medical Center
PO Box 27137
Fort Worth, TX 76127
Her full appeal brief can be accessed through this link [.pdf]. Her web site - www.lynnestewart.org - summarizes it as follows:
It was filed with the Second Circuit Appeals Court. "The same panel (Judges Walker, Calabrese and Simon) will" re-hear her case this fall. If unsuccessful, a Supreme Court appeal may follow.
Brief highlights include:
● enhancing her original 28 month sentence based on public statements she made violated her First Amendment rights, the most important ones without which all others are jeopardized;
● increasing her sentence fourfold constitutes cruel and unusual punishment, violating Eight Amendment protection against it; moreover, it "failed to balance her lifetime" commitment to community, the nation, and society's poor, underprivileged, and unwanted, never afforded justice without an advocate like her; and
● erroneously charging perjury and misuse of her position to enhance her sentence.
Lynne asked for a reversal and remand. She's represented by New York-based lawyers:
● Jill Shellow;
● Robert Boyle; and
● Herald Price Fahringer.
In addition, many other lawyers and supporters helped prepare her appeal, including husband and spokesperson, Ralph Poynter, available at 917-853-9759.
Lynne calls her case "bigger than just me personally," saying she'll keep fighting for justice. Her inspiring comment to others is:
"Organize - Agitate, Agitate, Agitate!" And write her at the above address, as well as others wrongfully imprisoned in America's gulag.
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Stephen Lendman: I was born in 1934 in Boston, MA. Raised in a modest middle class family, attended public schools, received a BA from Harvard University in 1956 and an MBA from the Wharton School at the University of PA in 1960 following 2 years of obligatory military service in the US Army. Spent the next 6 years as a marketing research analyst for several large US corporations before becoming part of a new small family business in 1967, remaining there until retiring at the end of 1999. Have since devoted my time and efforts to the progressive causes and organizations I support, all involved in working for a more humane and just world for all people everywhere, but especially for the most needy, disadvantaged and oppressed. My efforts since summer 2005 have included writing on a broad range of vital topics ranging from war and peace; social, economic and political equity for all; and justice for all the oppressed peoples of the world like the long-suffering people of Haiti and the Palestinians. Also co-hosting The Global Research News Hour, occasional public talks, and frequent appearances on radio and at times television.
Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site sjlendman.blogspot.com and listen to The Lendman News Hour on RepublicBroadcasting.org Monday - Friday at 10AM US Central time for cutting-edge discussions with distinguished guests on world and national issues. All programs are archived for easy listening.
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URL: http://www.a-w-i-p.com/index.php/2011/04/04/lynne-stewart-s-appeal-brief
