Showing posts with label ZEALOUS ADVOCACY. Show all posts
Showing posts with label ZEALOUS ADVOCACY. Show all posts

Monday, May 01, 2017

From The American Left History Archives (2008)- In Honor Of The Late Lynne Stewart 1939-2017)-Defend Lynne Stewart!

Click on title to link to the Lynne Stewart Defense Committee site.


I have justd added a link to the Lynne Stewart Defense Committee. Please read about this case at that site. Also note that here appeal is coming up for oral arguments before the Federal Appeals Court this week (January 28 2008). Below is a commentary I made at the time of her sentencing in October 2006 that I repost here.

COMMENTARY

WE NEED LAWYERS WHO ARE FUSS-
MAKERS NOT RAINMAKERS

FREE CO-DEFENDANTS YOUSRY AND SATTAR
Well, the Bush Administration has finally got New York Attorney Lynne Stewart (DESPITE HER DISBARMENT I WILL CONTINUE TO CALL HER ATTORNEY) where they want her. Ms. Stewart had previously been indicted on the vague and flimsy charge of "materially" aiding terrorism by essentially, on the record presented by the government at the trial, providing zealous advocacy for her client, Sheik Rahman, who had been convicted in various terrorist schemes including the 1993 World Trade Center bombing. At a trial in Federal District Court in New York City where the prosecution used every scare tactic in the post- 9/11 “War on Terror” playbook she was convicted. On October 16, 2006 she was finally sentenced on the charges. The federal judge in the case noting the severity of the crime but also the invaluable service that Ms. Stewart had rendered to the voiceless and downtrodden sentenced her to 28 months.

This sentence has been described as victory of sorts by Attorney Stewart and other commentators. The ever upbeat Ms. Stewart is quoted as stating that she, like some of her clients, could do that time “standing on her head”. Well, that may be, but the fact of the matter is that Attorney Stewart should not have been indicted, should not have been convicted and most definitely not sentenced for her actions on behalf of her client. Only the fact that the judge did not totally surrender to the government’s blatant appeals to “national security” issues and sentence her to the thirty years that they requested makes this any kind of “victory”. That joy over any lesser sentence could be considered as such is a telling reminder of the times we live in.

This case and the publicity surrounding it has dramatically warned any attorney who is committed to zealous defense of an unpopular or voiceless client to back off or face the consequences. The chilling effect on such advocacy, in some cases the only possible way to truly defend a client in this overheated reactionary atmosphere, is obvious. Moreover, the whole question of “material” aid to terrorism is a Pandora’s box for any political activist or even a merely interested non-political participant in any organization on the government’s “hit” list.

The government has the possibility of appealing the sentence to the Federal Court of Appeals so as of today October 18, 2006 the travails of Ms. Stewart are not over. Moreover, her conviction is still on appeal. From what I can gather in any reasonably quiet appeals court some of more blatant actions by the prosecution at trial would warrant, at minimum, a new trial if not the overturning of the conviction. Again, in these times such confidence may be unwarranted. I might add the “people’s lawyer” Lynne Stewart needs financial help to wage these new battles. Please consider sending a donation to the Lynne Stewart Defense Fund or to the organization I support- the Partisan Defense Committee- which will forward the donation. You can google either organization for addresses.

REVISED: NOVEMBER 2, 2006

ADDED NOTE: IN ANOTHER TELLING TALE OF THE TIMES THE INFORMATION THAT I RECEIVED FROM THE MASS MEDIA "NEGLECTED" TO INFORM THAT MS. STEWART'S ARAB TRANSLATOR , MOHAMED YOUSRY RECEIVED A 20 MONTH SENTENCE AND PARALEGAL ABDEL SATTAR RECEIVED 24 YEARS- NO THAT IS NOT A MISPRINT-24 YEARS. I MAKE UP OF THAT EGREGIOUS MISTAKE HERE. NEEDLESS TO SAY- FREE STEWART, YOUSRY AND SATTAR.

Saturday, November 19, 2011

The Latest From The Lynne Stewart Defense Committee- Free Lynne Stewart Now And Her Co-Workers Now!

Click on the headline to link to the Justice For Lynn Stewart Defense Committee for the latest in her case.

Markin comment:

Free Lynne Stewart and her co-workers! Free Grandma Now!

class struggle defend, free lynne stewart, free all class-war prisoners, ZEALOUS ADVOCACY, an injury to one is an injury to all, PARTISAN DEFENSE COMMITTEE,

Friday, August 19, 2011

The Latest From The Lynne Stewart Defense Committee- Free Lynne Stewart Now And Her Co-Workers Now!

Click on the headline to link to the Justice For Lynn Stewart Defense Committee for the latest in her case.

Markin comment:

Free Lynne Stewart and her co-workers! Free Grandma Now!

class struggle defend, free lynne stewart, free all class-war prisoners, ZEALOUS ADVOCACY, an injury to one is an injury to all, PARTISAN DEFENSE COMMITTEE,

Wednesday, June 08, 2011

The Latest From The Lynne Stewart Defense Committee-Lynne's E-Mail Suspension Lifted

Click on the headline to link to the Justice For Lynne Stewart website.

Posted in FROM LYNNE, MEDIA | No Comments »

Lynne’s email suspension lifted

May 30th, 2011 Lynne had received a written incident report and punishment for committing a “prohibited act” – in this case, 2 weeks without email & commissary for having a legal document of one of the other inmates that she was helping. Although the woman gave it to her, it is against prison rules to have any legal document of another inmate when the prison is not present.
The woman she was/is trying to help is PAT CLARK, and Lynne asks to put it on website & ask everyone to please write a letter for clemency.
******


Posted in BEHIND BARS, FROM LYNNE | No Comments »

SUPPORT CLEMENCY FOR PAT CLARK

May 30th, 2011 DIRECT FROM CARSWELL: LYNNE STEWART SAYS SAVE A LIFE !!!
SUPPORT CLEMENCY FOR PAT CLARK !!!

FROM PAT: Salient Facts re- Pat Clarke inmate at FMC Carswell:

To supplement my previous request for clemency (filed 2010) – These are what I consider to be the most important reasons why I am deserving of clemency:

1.I have been in federal prison for 19 years–half of my life, and today I am a completely changed and mature woman. I have worked hard to accomplish this and I believe, with the help of God, I will continue to grow in the outside world and become a contributing and thoughtful human being.

2.I am the victim of an incurable racially tied disease—Sickle Cell Anemia. I am subject to painful attacks and have worked through them and am determined to continue to do so. This disease will continue and worsen for the rest of my life.

3.My problems started before the age of 10 when I was repeatedly sexually assaulted by my stepfather. My mother chose not to believe me and I found myself caught like rat in a trap with nowhere and no one to turn to. My only refuge became my two brothers who offered to let me stay with them so they could protect me. After a few years, as I grew up, I became a worker in their drug business. I made some trips as a Mule and on one occasion,also got rid of evidence. I was denoted a “Minor Participant” in my pre sentence report, which I believe is accurate. I never was part of the “business”. I did not plan or share profits, hire and fire or was never part of any “enforcement” . During the time I was working with them, I was aged 15 to 19. I had never been arrested before, nonetheless I received the draconian sentences of 5 life sentences in Prison.

4.After my arrest, I co-operated fully with the Government but never received any credit for it. I was plagued by poor to outrageous lawyering throughout my case. At age 19 and with no family or friends to turn to I relied absolutely on my attorney. __________________ Jones. He was facing disbarment but never informed me of the potential conflict of interest inherent in his position. He actually was disbarred shortly after my trial. In any event, after I co-operated and the US Attorney had offered me a ten year sentence, Mr. Jones, the lawyer, informed the Government that I had changed my mind and no longer wished to enter into such an agreement. He told me that the Government would no longer accept my cooperation. He also mentioned, in an unguarded moment, that he would make more money as a Criminal Justice Act appointed lawyer by doing the trial than taking a plea. The Court also never told me that being under investigation, my lawyer might not be acting in my behalf but rather on his own. He has disappeared.

5.My first lawyer sold me out and then abandoned me. He did little at trial and to the best of my recollection did not even argue the important issue of the forseeability of the trooper’s murder. At Sentencing he never challenged the inaccuracies of the probation report. He never prepared a postrial motion that the verdict was against the weight of the evidence. His own interests were most important to him. On appeal, a church member sympathetic to my age and what had happened arranged for a Ms Schein to represent me on appeal. I was so happy because I thought that finally someone would do me justice. She wrote to me, discussed the case encouraged me and then failed to file a brief on my behalf! The 5 Circuit ordered the Federal Defender to represent me. In a written opinion the Court missed an important part of my defense to the forseeablity issue and by the time I realized this, I was time barred from filing a writ.

6.The case the Government tried against me included a massive drug conspiracy, accessory after the fact, criminal behavior on an Interstate, and participating in the murder of a Florida State Trooper. In the wide breadth of this conspiracy, a man I never knew or ever heard of, who was working for my brothers was stopped on Interstate 10, in Florida, by Trooper ###. Upon investigation it was revealed that he had no license and the car was rented. The company who rented it directed the Trooper to sieze the car. He arrested the man and took the car in. As he inventoried it, he opened the door to a microwave oven which contained an explosive and he was killed. I was acquitted of this charge by the Jury who tried the case but still convicted of being part of the crime committed on the interstated. I have been advised that this was an inconsistent verdict but that issue was never raised and I was sentenced as if I had been found guilty. For all of the charges against me except where I confessed to acting as a mule on a drug shipment from the Bahamas, were proven by vicarious liability. The jury was charged with the disfavored Pinkerton theory that extends criminal liablity to the breaking point .Even so the Jury could not convict me of a murder based on the “forseeablility” of a bomb in the the microwave oven, as part of a cocaine conspiracy. I was sentenced on this charge nonetheless and it was one of the life sentences I received.

7.My brother, Hentley Morgan did testify at a trial and did 8 years in prison and resides in Jamaica. My other brother, Michael Morgan, who was designated a Kingpin by the Government, did not testify and received a sentence of life imprisonment.

8.In the many years I have been in prison, I always tried to remain positive and believe that this injustice would one day be corrected. I have rehabilitated myself with education (GED, and community college as well as numerous courses) I have consistently worked in the prison and later in Unicor. I have not had any problems with my institutional behavior.

I have a plan if I am released to either rejoin my mother in CAlifornia or return to Florida. I have job possibilites and offers in both places. All that I need is a chance. I have the courage to do this.

PLEASE : WRITE A LETTER IN SUPPORT OF PAT CLARK:

ERIC HOLDER, US ATTORNEY GENERAL
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
and send a copy to
RONALD L. ROGERS, US Pardon Attorney:
Office of the Pardon Attorney
1425 New York Avenue, N.W.
Suite 11000
Washington, D.C. 20530

Wednesday, February 09, 2011

The Latest From The Lynne Stewart Defense Committee- Justice For Lynne Stewart- Free Lynne Stewart Now!

Click on the headline to link to the Lynne Stewart Defense Committee Web site for the latest letter from Attorney Lynne Stewart (yes, Attorney, the hell with legal disbarment rules, Ms. Stewart is still the zealous advocate for the cause and that is what an attorney is all about).

Markin comment:

Sometimes thinking through political slogans is tough. Sometimes it is a no-brainer. This is the latter. Free Attorney Lynne Stewart Now! Let Grandma Go Home!

Sunday, December 26, 2010

From The "Lynne Stewart Defense Committee" Website- Free Lynne Stewart Now!- A Letter From Texas-Bush Country

December 21st, 2010 12/19/10; 12:03pm
Dear Folks:
Some nuts and bolts and trivia

1 New Address
Lynne Stewart
Federal Medical Center, Carswell
53504 – 054
Unit 2N
PO Box 27137
Fort Worth TEXAS 76127

2 Visiting is very liberal but first I have to get people on my visiting list Wait til I or the lawyers let you know. The visits are FRI, SAT, SUN AND MON for 4 hours and on weekends 8 to 3. Bring clear plastic change purse with lots of change to buy from the machines. Brief Kiss upon arrival and departure, no touching or holding during visit (!!) On visiting forms it may be required that you knew me before I came to prison. Not a problem for most of you.

3. One hour time difference

4. Commissary Money is always welcome It is how I pay for the phone and for email. Also need it for a lot that prison doesn’t supply in terms of food and “sundries” (pens!) A very big list that includes Raisins, Salad Dressing , ankle sox, mozzarella (definitely not from Antonys–more like a white cheddar, Sanitas Corn Chips but no Salsa etc. To add money, you do this by using Western Union and a credit card by phone or you can send a USPO money order or Business or Govt Check. The negotiable instruments (PAPER!) need to be sent to Federal Bureau of Prisons , 53504-054, Lynne Stewart, PO Box 474701, Des Moines Iowa 50947-001 (Payable to Lynne Stewart, 53504-054) They hold the mo or checks for 15 days. Western Union costs $10 but is within 2 hours. If you mail, your return address must be on the envelope. Unnecessarily complicated ? Of course, it’s the BOP !)

5. Food is vastly improved. Just had Sunday Brunch real scrambled eggs, PORK sausage, Baked or home fried potatoes, Butter(sweet whipped M’God !!) Grapefruit juice Toast , orange. I will probably regain the weight I lost at MCC! Weighing against that is the fact that to eat we need to walk to another building (about at far as from my house to the F Train) Also included is 3 flights of stairs up and down. May try to get an elevator pass and try NOT to use it.

6. In a room with 4 bunks(small) about two tiers of rooms with same with “atrium” in middle with tv sets and tables and chairs. Estimate about 500 on Unit 2N and there are 4 units. Population Black, Mexicano and other spanish speaking (all of whom iron their underwear, Marta), White, Native Americans (few), no orientals or foreign speaking caucasians–lots are doing long bits, victims of drugs (meth etc) and boyfriends. We wear army style (khaki) pants with pockets tee shirts and dress shirts long sleeved and short sleeved. When one of the women heard that I hadn’t ironed in 40 years, they offered to do the shirts for me. (This is typical of the help I get–escorted to meals and every other protection, explanations, supplies, etc. Mostly from white women.) One drawback is not having a bathroom in the room—have to go about 75 yards at all hours of the day and night –clean though.

7 Final Note–the sunsets and sunrises are gorgeous, the place is very open and outdoors there are pecan trees and birds galore (I need books for trees and birds (west) The full moon last night gladdened my heart as I realized it was shining on all of you I hold dear.

Love Struggle

Lynne

Friday, September 17, 2010

*From Death Row, This Is Mumia Abu-Jamal-The Voice Of The Voiceless- "On Punishing Lynne" (Stewart)

Click on the headline to link to a From Death Row, This Is Mumia Abu-Jamal entry (via Workers Vanguard) on Attorney Lynne Stewart.

Markin comment:

You know it really is a crying shame when a people’s lawyer like Attorney Lynne Stewart (ya, I know she has been disbarred but a certificate of good bourgeois conduct alone does not an attorney make) has been set up in the way that she has been by the American imperial “justice” system. Look, according to all the case law and the American Bar Association’s own Code of Conduct a lawyer, even a half-baked, wet-behind-the-ears one is suppose to zealously advocate for the legal rights of her client. The key word is zealous, honored as any honest attorney will tell you more often in the breech than the observance when the court opens for business, especially if the judge has a golf date (or worst, if the attorney does).

Lynne Stewart though, like New York Attorney Conrad Lynn before her (and precious few others), a similar people's lawyer, obviously did not take that course in law school where the worldly-wise law professor tells you, no, screams at you, not to take the unpopular cases; the ones involving the poor, the desperate, and the unrepresented. The no dough cases. Take those nice trusteeship things, commercial real estate, or the like. So, in a funny way, Attorney Stewart has only herself to blame for not taking that course. No so funny though is this- Free Attorney Lynne Stewart Now!

Wednesday, July 21, 2010

*Outrage- Darkness In America- People's Attorney Lynne Stewart Must Not Die In Jail-Free Her Now !

Click on the headline ot link to a SteveLendmanBlog entry Darkness In America:Lynne Stewart's Resentencing.

Markin comment:

The Lynne Stewart Defense Committee website has nothing up as yet about the situation, as of today. But check it, periodically, and donate money for further efforts to free Lynne Stewart (and her co-defendants).

People's Attorney Lynne Stewart Must Not Die In Jail-Free Her Now!

Saturday, July 10, 2010

*From The Horse's Mouth- The Supreme Court's Decision In "Holder vs. Humanitarian Law Project"

Click on the headline link to the United States Supreme Court decision of June 21,2010 in Holder v. Humanitarian Law Project mentioned in the Workers Vanguard article posted earlier today.


Markin comment:

Read it and weep.

*From The Lynne Stewart Defense Committee-Sentencing Hearing July 15, 2010-New York City

Click on on the headline to link to theLynne Stewart Defense Committee Website for important updated information


From The Lynne Stewart Defense Committee Website

JULY 15, 2010

SENTENCING DAY

Sentencing is at 2:30pm, we will be there at 11am

Federal Courthouse

500 Pearl Street
NY, NY
Doors will open at 2pm

LET'S PACK THE COURT!!!

Sunday, July 04, 2010

*The Latest From The Lynne Stewart Defense Committee- Free Lynne Stewart (And Her Co-Workers-translator Mohamed Yousry and paralegal Ahmed Abdel) Now!

Click on the headline to link to the Lynne Stewart Defense Committee- Free Lynne Stewart (And Her Co-Workers) Now!

Markin comment:

This is exactly the right day to call for freedom, a real call for freedom in 2010. This is a no brainer- Free our sister and her two co-workers (translator Mohamed Yousry and paralegal Ahmed Abdel Sattar)now!

Sunday, June 27, 2010

*From The "SteveLendmanBlog"- An Update On The Class-War Prisoner Lynne Stewart's Case- Free Lynne Stewart- She Must Not Die In Jail

Click on the headline to link to the "SteveLendmanBlog" entry- "Updating Lynne Stewart's "Love Struggle:" Part II."

Markin comment:

The headline says it all- Lynne Stewart's "Love Struggle:" Part II and Free Lynne Stewart (and he co-workers). Lynne Stewart must not die in jail.