Women Criminal Defense Attorneys: Lynne Stewart Granted Compassionate Release

Lynne Stewart was a fearless defender in New York City for decades before the U.S. Government indicted her in 2002 in connection to her representation of Sheik Omar Abdel-Rahman, who was convicted of a long list of terrorist activities.  After a lengthy trial she was convicted in 2005 and sentenced in 2009.  Stewart was originally sentenced by U.S. District Court Judge Koeltl to a 28 month sentence, but when Stewart appealed the conviction, the Government cross-appealed and the sentence was reversed for being too lenient. At resentencing Judge Koeltl sentenced Stewart to a shocking 120 month sentence, which for her amounted to a death sentence.  At the time of her sentence Stewart was 70 years old and a breast cancer survivor.

In 2012, while serving her sentence, Stewart was diagnosed with incurable cancer that had spread to her lungs and lymph nodes and was given a prognosis of only 18 months to live. Her request through BOP for compassionate release was denied and when she first sought relief before Judge Koeltl, he denied her request. In her motion for early release Lynne Stewart submitted a moving letter to the Court in which she stated in part, “I do not intend to go 'gently into that good night' as Dylan Thomas wrote. There is much to be done in this world. I do know that I do not want to die here in prison — a strange and loveless place. I want to be where all is familiar — in a word, home. ... I have no grandiose plans — just good food, conversation, music. That is what I look forward to. And of course, my beloved husband Ralph — my hero and help, my heart, through all the last 50 years. I need him and his strength and love now to be close to me as I get ready for the nearing moments of transition and then rest. If you indeed represent the merciful hand of the law, as against, in this case, a heartless bureaucracy, do not punish me further. Grant me release and allow me to die in dignity.

"Finally at the end of 2013, the Government filed a motion requesting her compassionate release and on Dec 31, 2013 Judge Koeltl ordered her release. Jill R. Shellow, a New York criminal defense lawyer, who has continued to represent Stewart since the trial told the New York Times “It restores my faith in the Justice Department to do the right thing.” Later, after Judge Koeltl issued his order, Ms. Shellow added, “The judge’s exercise of mercy on New Year’s Eve shows his compassion for Lynne and the depth of his commitment to seeing that justice is done.” Michael Tigar, one of the other trial attorneys, discussed Jill’s tireless commitment to free Lynne Stewart on his blog.

Not even knowing Lynne Stewart or the underlying facts in 2009, I remember feeling sick about the fact that a fellow defender was being jailed in connection to her representation of a client that few would have had the guts to even consider taking on.  Without knowing or commenting on either the strength or weakness of the Government’s case against Stewart, I consider that whenever an attorney faces criminal charges that arise out of his or her role in representing a criminal defendant that the very foundation of our profession and our constitution is at risk.  And her release, although agreeably merciful, is a hard thing to truly celebrate when you consider the aftermath and consequences to our system that results from the Government bringing any criminal defense attorney to their knees based on their role in defending the criminally accused.