Lynne Stewart’s defense team filed her Cert Petition – asking the Supreme Court to hear her case – on February 21, 2013. Click here to read the Cert Petition (PDF).
“Freedom of speech does not exist in the abstract. It can only flourish in an effective forum. For, in reality, free speech is found in a multitude of circumstances. Not long ago it was young people, with long hair, tramping around a federal courthouse chanting, “No. No. We won’t go!” It is an American flag sewn to a pair of old blue jeans. It’s all this and much more that defy description. It is indivisible. We cannot save it for one person and deny it to another. It must exist for all of us, or there is a real risk that, someday, it may not exist for any of us. And, so, it must exist for Lynne Stewart along with everyone else because her words are entitled to the same protection from prosecution as other political speech. Under no circumstances should her words and beliefs subject her to eight more years of imprisonment.”
Lynne’s legal team was granted an adjournment to file their petition for cert. It is now due February 21, 2013.
Lynne’s petition for a re-hearing or a rehearing en banc (the entire Second Circuit) has been denied.
On July 29, 2011 the Reply Brief in Lynne’s appeal to the Second Circuit was filed.
It will be argued in the Second Circuit (New York City) this fall, date forthcoming.
Lynne Stewart Appeal Brief Filed
3/30/11; 9:45 am and 6:20 pm
The Brief appealing the Draconian sentence of 120 months/10 years meted out to Lynne Stewart by Judge John Koeltl in July 2010,after he was reprimanded by the judges of her panel on the US Court of Appeals for the Second Circuit, was served upon the Court and Government on 3/30/11. The same panel (Judges Walker, Calabrese and Simon) will hear this case in the fall of this year. Lynne had previously been convicted in 2005 along with two men of Egyptian origin, Ahmed Sattar,and Mohammed Yousry of material aid to terrorism based upon a public press release to Reuters from her client Dr. Abdel Rahman commenting on the long standing struggle in that country against the dictator/thief/torturer Hosni Mubarik.
The points made in the brief, are
I. In relying on Lynne Stewart’s public statements to enhance the original sentence of 28 months, her First Amendment rights were abridged
II. The fourfold increase in the sentence was substantively unreasonable and failed to balance her lifetime of contribution to the community and country with the criminal act of which she was convicted.
III The Judge’s findings of Perjury and Misuse of her position as an Attorney on which he also based the increase, were error.
She asked for a reversal and remand. Her team of Lawyers are Jill Shellow, 111 BRoadway, NY NY, Robert Boyle, 250 Broadway, NY NY and Herald Price Fahringer, E. 56 Street, NY NY, of counsel. Many lawyers and other supporters also helped in the preparation of the document which can be read in its entirety on the website LynneStewart.org. Lynne, herself can be reached at Lynne Stewart, FMC Carswell, Box 27137, Fort Worth, Texas 76127. Ralph Poynter, her husband and spokesperson can be reached at 917 853 9759.
Click here to download the transcript. In PDF format.
Second Circuit Denies Re-Hearing By the Full Panel (En Banc) on Lynne Stewart’s Sentence
Legal documents from 2008 and 2009.