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.