» LEGAL DOCUMENTS

Lynne Reply Brief Filed

admin — Thu, 04 Aug 2011 11:11:33 +0000

On July 29, 2011 the Reply Brief in Lynne’s appeal to the Second Circuit was filed.

Download the PDF by clicking here.

It will be argued in the Second Circuit (New York City) this fall, date forthcoming.

Lynne Stewart Appeal Brief Filed

admin — Fri, 01 Apr 2011 20:44:03 +0000

Lynne Stewart Appeal Brief Filed

3/30/11; 9:45 am and 6:20 pm

Click here to read brief (PDF)

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.

Transcript from 7-15-10 Re-Sentencing Hearing

admin — Mon, 16 Aug 2010 19:17:37 +0000

Click here to download the transcript. In PDF format.

Second Circuit Ruling on En Banc Re-hearing

admin — Sun, 30 May 2010 22:09:07 +0000

Second Circuit Denies Re-Hearing By the Full Panel (En Banc) on Lynne Stewart’s Sentence

Click here to read the ruling (PDF).

Motion to Stay Surrender, Opposition and more

admin — Sun, 30 May 2010 21:19:39 +0000

Legal documents from 2008 and 2009.

Appeal Brief (June 2007)

admin — Sun, 30 May 2010 21:18:05 +0000

Click here to download the full Appeal Brief in Lynne’s case. (June 2007)

Transcripts 7/26/04 – 1/12/05

admin — Sun, 30 May 2010 21:02:32 +0000

Transcripts starting 7/26/04.

Transcripts 5/19/04 – 7/22/04

admin — Sun, 30 May 2010 21:01:54 +0000

Transcripts 5/19/04 – 7/22/04 are hosted at Cryptome.org.

Click here to view the transcripts.

Legal Documents 2002-04

admin — Sat, 29 May 2010 16:24:34 +0000

Lynne’s Original Indictment (April 2002)

Notice of Motion (April 2002)

Lynne Stewart’s Memorandum Joining Ahmed Abdel Sattar’s Motion to Dismiss (June 2002)

Government’s Memo of Law in Opposition to Dismiss (June 2002)

Lynne Stewart’s Reply to Government Memorandum in Opposition to Motion to Dismiss (June 2002)

Memorandum in Support of Motion for Invesitgation and Hearing (June 2002)

Michael Tigar Letter Brief (June 2002)

Amicus briefs filed in support of Lynne (2003)
Amicus 1: Center for Constitutional Rights
Amicus 2: National Association of Criminal Defense Lawyers

Michael Tigar Letter Brief (May 2003).
This letter brief addresses the government’s Notice of Motion for Order Establishing Procedures Regarding Classified Information.

Report and Transcript of June 13, 2003 Hearing

Response to Government Disclosure Motion (June 2003)

Judge Koetl’s Decision Dismissing Counts One and Two (July 2003)

Government’s Superceding Indictment (November 2003)
Stewart Motion to Dismiss and Memo of Support (January 23, 2004)
Stewart Reply Memo in Support of Motion to Dismiss (March 19, 2004)

May 2000 Prison Transcripts (PDF)

admin — Sun, 23 May 2010 23:46:58 +0000

The May prison visits transcripts, in PDF. The government said this was the crux of their “case” against Lynne Stewart.