Lynne Stewart Denied Compassionate Release in Court—The Struggle Continues

Lynne Stewart, the lawyer who made herself an enemy of the U.S. government by defending unpopular clients, was imprisoned in the wake of 9/11 for violating a minor provision in defending "The Blind Sheikh" Omar Abdel Rahman. Now, as Stewart has contracted Stage 4 cancer, supporters have mounted a campaign for her compassionate release.

Despite being recommended for release by the warden of the prison where she was detained, her request was ultimately denied by Federal Bureau of Prisons Director Charles Samuels. Now, in yet another setback for the campaign, its appeal of Director Samuels' decision has been rejected.

In spite of these setbacks, campaign supporters and Lynne Stewart herself remain optimistic. Below is reprinted a letter from Lynne Stewart along with a letter from Heinz Leitner, a supporter in Vienna.

You can learn more about the campaign and get involved by visiting LynneStewart.org

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8/9/13
Friends, Supporters, Comrades:

Well, we are once again being educated in the meaning of “protracted struggle”, not that anyone wanted or needed this.  It was clear yesterday in Court in NYC that Judge Koeltl was not going to act solely within the “spirit ” of the law but would instead rely upon the Bureau of Prisons to make a “legal” motion on my behalf.  Although the lawyers valiently argued that justice does not allow for a “right” without a “remedy”, in my case, the right to die at home and the fact that there is no appeal (remedy)  from the Bureau’s decision.

There are new and compelling facts now before the BOP–the prognosis now of 18 months and the fact that the PET scan revealed that the most serious cancer (of the lungs) is getting worse.  The Judge yesterday, asked the Government to concede (as their papers did by not contesting any facts) that I qualified in every respect for the release.  They, of course, remained silent.   For that reason I am asking once again that all of you send a “shout” out to the BOP, AG Holder and Pres. Obama and express any outrage you might feel that the days and months are ticking by and I remain in Texas.  The DC Prison Bureaucracy clearly would just as soon see me die here.

So, not to be discouraged or disinheartened by this latest legal impediment–the walls of Jericho DID come tumbling down, eventually !!

Love Struggle,
Lynne

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Re: Lynne Stewart, #53504-054, Compassionate Release
Dear Ambassador William C. Eacho,

Ladies and Gentlemen,

I have just learned that Judge Koetlt has rejected Lynne Stewart’s appeal for compassionate release.

Lynne’s Forth Worth doctors, following her recent PET Scan, changed her prognosis from 24 months to 18 months of life. This was based on the fact that the size of the malignant tumors in her lungs had increased. Lynne Stewart has Stage 4 breast cancer.

I am urging the authorities of the United States not to sacrifice the rest of human rights lawyer Lynne Stewart’s life on the altar of politics. Grant Compassionate Release to Lynne Stewart immediately!

I join with thousands upon thousands in the United States and abroad to cry out against the bureaucratic murder of Lynne Stewart.

I join with them to demand Lynne Stewart’s immediate release to receive urgent medical care in a supportive environment with her loved ones, and call upon the Bureau of Prisons to act immediately. Stop this cruelty and inhumanity!

I am urging President Obama, Attorney General Eric Holder, and Charles E. Samuels, Jr., Director, Federal Bureau of Prisons to exercise the power vested in their office to grant Compassionate Release to Lynne Stewart.

Sincerely,

Heinz Leitner
Vienna

#CAHungerStrike: One Month On

from prisonerhungerstrikesolidarity.wordpress.com:

Today, August 8 2013, marks one month for prisoners on hunger strike throughout the California prison system.  Earlier today, the mediation team working on behalf of the strikers was able to speak to the prisoners at Pelican Bay who initially called for the strike.  Just moments ago members of the mediation team issued the following statement:

All of the members of our mediation team were able to speak with hunger strike representatives at Pelican Bay for two-and-a-half hours.   All four representatives are totally united and resolute.  They were clear that this peaceful protest is not about them—it is about making real, fundamental changes to an incredibly unjust system. 

They haven’t eaten for 32 days but they are cogent, focused, and committed.

We were able to work together to develop new ideas about how to move forward, which we’ll be acting on over the next few days.  The mediation team will be staying in contact with the California Department of Corrections and Rehabilitation, and issuing statements daily.

Reports from prisoners at Pelican Bay indicate escalated mistreatment from guards in the Administrative Segregation and Security Housing Units.  Prisoners report being verbally abused by guards and over hearing them discussing orders “to treat some prisoners really nicely and others really badly.”   Despite the abuse, prisoners remain steadfast in continuing their protest.  “They are obviously feeling the effects of not having eaten in over a month, but they remain strong and in high spirits” said Anne Weills, a lawyer representing strikers at Pelican Bay. “They are fighting for themselves, their fellow prisoners, and those who will come after them.  They are incredibly inspired by all the support they’ve received, and are steadfast in their commitments to improving conditions.”

On the outside, prisoners’ loved ones, activists, and advocates continue their fight to compel the California Department of Corrections and Rehabilitation (CDCR) and Governor Jerry Brown to urgently address the human rights violations happening in the prison system by calling for immediate good-faith negotiations with strikers.

“These men are risking their lives to insist on humane conditions and an end to indefinite sentences of solitary confinement in California’s prison system,” Said mediator Barbara Becnel . “Recent reports from these prisoners demonstrate that their brave efforts have been made all the more difficult by prison guards who are treating them very harshly.  Meanwhile, the hunger strikers have entered a very dangerous phase of their protest: their health could be permanently damaged and they could even die. As for Gov. Brown and CDCR Secretary Beard: How many prisoners have to be harmed by guards and the conditions which violate international human rights standards before state authorities are willing to seriously consider their demands for real change? How many prisoners have to die?”

TAKE ACTION!

Call Governor Jerry Brown
Phone: (916) 445-2841, (510) 289-0336, (510) 628-0202
Fax: (916) 558-3160

Suggested script: I’m calling in support of the prisoners on hunger strike. The governor has the power to stop the torture of solitary confinement. I urge the governor to compel the CDCR to enter into negotiations to end the strike. RIGHT NOW is their chance to enter into clear, honest negotiations with the strikers to end the torture.

California Finishes Round of Negotiations w/ Strike Mediators

From the Prisoner Hunger Strike Solidarity coalition: 

Mediators working on behalf of California prison hunger strikers just concluded their meeting with CDCR Secretary Jeffrey Beard. Today’s meeting comes on the heels of nearly 100 family members of hunger strikers visiting the Capitol Tuesday, where they presented a petition signed by over 60,000 people demanding negotiations with hunger strikers to Governor Brown’s office.

The hunger strike mediators’ statement included, “We gave [Secretary Beard] ideas that would help bring the prisoners’ hunger strike to a just end in short order. We provided input for revisions to CDCR’s Security Threat Group Policy and Step Down pilot program. Our revisions are intended to create more humane conditions and circumstances. We urged him to follow the lead from other states, such as Illinois, Colorado and Mississippi, to end harsh and long term isolation practices.”

Support for the hunger strikers and pressure on Governor Brown and the CDCR has continued to grow, with demonstrations happening nearly daily in cities across the country and the world. “The meeting with Beard is clearly a response to the commitment of hundreds of hunger striking prisoners, and the tireless activism happening in support of the strikers,” says Kamau Walton, a spokesperson for the Prisoner Hunger Strike Solidarity Coalition. “The work of family members, their work in Sacramento, the pressure their mobilizing represents, this is what continues to be inspiring.”

The CDCR has taken an intransigent “no negotiation” stance to date. Advocates say the CDCR’s refusal to meet with family members, attorneys representing the hunger strikers, and the strikers themselves indicates their unwillingness to end to this strike. “Lives hang in the balance, and honest negotiations and a legally binding agreement are the only things that can prevent further loss of life,” Said Walton.

Today the Supreme Court refused to delay a court order for California to release nearly 10,000 inmates by year’s end to improve conditions in state prisons. The court rejected a plea from Gov. Jerry Brown who has argued that prison conditions have substantially improved and that circumstances have changed – this despite the massive actions of 30,000 prisoners who initially participated in the largest rejection of these official arguments in history.

In a letter received several days ago from Pelican Bay hunger striker Mutope Duguma said he’s lost over 40 pounds is “getting smaller by the day.” Duguma continues: “There are several who already fell out from [the] effects of the hunger strike and we have some who have been placed in the hospital and the prison specialty clinic. But there are many of us who will see this out to the end. We are still strong.”

Mediator Irene Huerta’s husband is on hunger strike along with Duguma in Pelican Bay. “My husband is one of the ones still not eating and it worries me,’ Says Huerta. “I am praying something positive comes out of today’s meeting. At the same time I admire our loved ones’ actions to end such horrendous conditions, and we will continue to fight the fight to end inhumane conditions even when the hunger strike is over.”