- 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:
- 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
- Lynne Stewart
- FMC Carswell
- Federal Medical Center
- PO Box 27137
- Fort Worth, TX 76127
- Her full appeal brief can be accessed through the following
- Her web site - www.lynnestewart.org - summarizes it as
- 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
- "Organize - Agitate, Agitate, Agitate!" And
write her at the above address, as well as others wrongfully imprisoned
in America's gulag.
- Stephen Lendman lives in Chicago and can be reached at
email@example.com. Also visit his blog site at sjlendman.blogspot.com
and listen to cutting-edge discussions with distinguished guests on the
Progressive Radio News Hour on the Progressive Radio Network Thursdays
at 10AM US Central time and Saturdays and Sundays at noon. All programs
are archived for easy listening.