After the disaster in July 2010, when Judge Koeltl, following the directives of the Second Circuit increased my sentence from 28 months to 10 years, our righteous indignation fueled this appeal.  The government’s argument will center on my testimony at trial and the alleged perjury.  All of those facts were before the Court at the time of the 28 month sentence and were not the basis then of  a double digit sentence.

Our Brief attacks the increased sentence on two different fronts –one on a doctrine of “substantive unreasonableness”  meaning it’s just too much of an increase, five fold — given the circumstances. Secondly, we argued that the only “new” information before the Judge were my statements after my first sentence in October of 2008 and remarks I made on the Courthouse steps before I surrendered to prison.  We contend strongly that this is protected speech under the First Amendment of the Constitution, and cannot be used to increase or as a  basis for sentencing.  (even if they hate it !!!)

The same group of 3 Judges that heard and decided the original appeal will also hear the arguments on the 29th. The government is not asking for more time; they are satisfied with their pound of flesh but it is not likely that this Court will take any action that will help me. The times are askew for prisoners and their lawsuits.

The lawyers that argued in July of 2010 will be on board with the addition of Herald Price Fahringer, an eminent attorney in the First Amendment field (the win in the Larry Flynt Hustler case in the US Supreme Court was his. He was also in the line of fire (no injuries) when the shooting took place.) He will enthusiastically present our case. I will not be present –not unusual once imprisoned.  But my spirit will be there to inspire !!!

Of course, my case has always been government firing  warning shots  to Lawyers, that a vigorous defense, of certain clients, if not conforming to government specifications,  will be punished severely .  This chill effect in these days that we are confronted with Grand Jury investigations and dismantling of Occupations is not something we should contemplate with anything less than alarm.  I have just finished David Gilbert’s book (Love Struggle) and the intercession of lawyers when there are arrests of designated enemies of the “state” are the only  meaningful protection available.

A Large Outpouring of Support in Foley Square and Tom Paine Park and in the Courtroom will signal to these arbiters of “Justice” that attention must be paid, the 99% are watching them with suspicion and tallying up the roads not taken.

Lynne Stewart, Maury Knight and Virginia Gernes (12/18/12)

Ralph visits on New Year’s Day 2012.

You can’t imagine how intense it was, the hurricane that swept into us, when we were busted in the notorious Brinks case of 1981. The lost of lives is always grim; in this case a shoot-out left a Brinks guard and two policemen dead. On top of that, we were avowed revolutionaries, with an alliance of Whites and Blacks working under the leadership of a unit of the Black Liberation Army. The police organizations and media were howling for blood; every court appearance was like walking into an armed camp during open hostilities; the one word used, incessantly, to define us was “terrorists.” (Of course there was no mention of the government’s illegal and murderous campaign, COINTELPRO, that had driven nonviolent activists into underground resistance.)

With the tremendous demands on the handful of attorneys who would work with revolutionaries, we couldn’t find a lawyer willing to defend me there in the middle of that storm and penniless. Then Lynne Stewart stopped forward– doubly courageous because at that point she had little experience in high-stakes trials. Lynne was a staunch advocate and more. Her great warmth, her down to earth intelligence, her cheerfulness in the face of adversity helped us all get through the many tensions and crises we faced during two years of legal confrontations. Lynne went on from that baptism of fire to take on some of the cases that most challenged government power–and to do a terrific job at it.

Her principles and success led to her being targeted. A decade ago, the government tried to disbar Lynne, picked her out to demand she reveal the sources of a client’s payments, using a purported “anti-drug” law that was never used against lawyers who were regular counsel for big-time drug dealers.
When Lynne took Sheik Rahman’s case, I was surprised because I strongly disagree with his politics. But when I thought about it I learned a lesson from her example: a defendant branded as a pariah deserves a vigorous defense. The government is completely disingenuous to feign indignation that Lynne went to the media; the prosecutor always has a high powered media strategy in cases like this, to create a pro-conviction jury pool and intense political pressure against any subsequent reversal on appeal. They also use isolation to break down the defendant’s will and ability to litigate effectively. The government is taking a playing field already heavily tilted in their favor and raising it virtually vertical with their gag orders and isolation.

Because she’s a peerless defender of political prisoners, Lynne Stewart is now in danger of becoming one herself. As crucial as it is that we support and defend her, its even more important to understand that she’s fighting for all of us.

David Gilbert #83-A-6158
Clinton Correctional Facility
P.O. Box 2001
Dannemora NY 12929 USA

My client David Gilbert has recently published a book about his life in the underground etc called Love and Struggle (great title!). The book is Love and Struggle, My life in SDS, the Weather Underground and Beyond by David Gilbert, 2012  published by PM Press, Oakland Ca.  In the Chapter entitled Busted, in detailing the events after Brinks Nyack,  David writes:

Click here to listen.

Ralph Poynter:

• She is looking forward to her attorney Herald Price Fahringer to presenting to the court once again testing the law.  We are planning a Occupy the Court Room and the park, the night before on February 28 through to the 29.
• The lawyer will be talking about the laws used to extend Lynne’s sentence. He said any lawyer that wouldn’t want this case, doesn’t understand law. He looked forward to doing it.  He went for a one hour visit with Lynne at MCC and stayed all day.
• No matter what happens, Lynne will continue to fight for her license.
• She’s is Federal Medical Center in Fort Worth, Texas. Big airbase there. It’s an enormous prison, but she’s in the hospital ward.
• Even though I’d been on the list visiting her (in New York prison) I was not on the list (Texas prison)
• I just went down there, and she said, you’re not on the list but I’m going to go to floor supervisor and she says, you just come.
• That Saturday morning I was in front of the prison and they told me I was not eligible to go in. They said it was like an airbase, so I walked outside the gate and stood there. The guard came over and said what are doing here? I said, I’m waiting.
• Around 10:30 an official car came down and said you’re denied admission.
• I said, I understand, but I’m going to wait.
• Around Noon, the woman came back and she says, fill out an application.
• She said I knew if you fought from the outside I was going to fight from the inside and it only took 4 hours.
• You can’t imagine after sleeping on a 2 inch exercise mat on a steel platform for a year, and they showed me the hospital bed.
• She is Miss S, in the prison. Everybody brings her their papers.
• She heard noise outside her room at 5 o’clock in the morning, they were lined up some with papers stacked 3 feet high.
• There is an oxymoron – prison health care. There is no such thing.
• She’s lost about 45 pounds.
• She’s very sick, she can’t sit down. In the visiting room she has to sit sideways.
• Thanks again for all of the people sending bucks for me to go see Lynne.
• Write her a letter. The letters pick her up.
• They gave her medicine and she couldn’t get out of bed. We have a system now when they give her medicine she calls me up. I call my daughter the doctor and she tells me whether Lynne should take it or not take it.

Lynne and her youngest daughter Zena, on Lynne’s birthday.

Recent interview with Lynne’s husband Ralph. The interview was taped November 6, 2011. Lynne has since resolved some of her medical issues with the prison.

Lynne Stewart Report – 11-6-11

From Lynne:

“So we finally got a date for oral argument in the Circuit. The date is February 29–Leap year day and Sadie Hawkins Day…Anyway that is our auspicious day . I like it for its quirkiness.

I will NOT be there but that I hope a massive turnout will make up for my absence.”

More information soon.

HAPPY BIRTHDAY LYNNE!

A message from Lynne, received today:

To my friends and supporters, family, comrades and dear ones;

You cannot know how happy I am to be writing this !!  Not with my circumstances but because after about 6 weeks of trying to get medical relief for a painful bladder infection that seemed to affect the rest of my “Lower Plumbing” as well, I have on a new anti biotic that at first glance seems to be working.

Talk about wan and listless, just like a Jane Austen character, I have basically stayed in my bed and slept–not even reading! I am so sorry about all the letters I haven’t answered particularly those from young people who need to know if they should think about going to law school and those in the thick of the movement who want my insight (from afar!).  I hope I will be regaining my energy soon.  We have cancelled all visits for October to resume in November with an introductory “tryout” of Connor Dueno, my great grandson with his mama and grandmama.  Odds are we’ll be keeping him!

In order that my Prison Readers shouldn’t think that I have mellowed (Ha!) I must say that if Amy is to be trusted the Wall Street occupation looks like it has some legs, whether those legs are reformist or radical, we will see.  I don’t think we can look forward to parading out the Banksters and Goldman Sachs to face “Peoples Justice” just yet But …. There seems to be a spark and that gladdens my Heart.

I will be 72 on the 8th–the day of the Heroic Guerilla, the day they killed Che.  I still hold strongly to my beliefs, my love of the people and that there will be redemption from the nightmare with which, we are all struggling.  So I wish you all a Happy Birthday and Struggle ON!!

Love Lynne