Prison officials thwart cancer treatment Lynne Stewart’s Life in Danger

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tenced to 28 months in prison. But this “light” sentence More than two years ago radical attorney and human rights activist Lynne Stewart, now serving the third year of a 10-year prison sentence based on frame-up charges of conspiracy to aid and abet terrorism, was given a clean bill of health following surgery for breast cancer. That cancer has now returned. September tests performed by prison medical authorities at FMC Car­ swell near Forth Worth, Texas, found a spot in one lung. A month later, an additional spot was found in Lynne’s other lung, and still others in her upper back.

The same authorities refused to treat Lynne after the September discovery, a practice in accord with the monstrous policies that Carswell and most U.S. prison facilities in the U.S. are known for.

Following the October discovery that the cancer had spread, Lynne received two injections aimed at slowing or retarding its growth. Lynne’s daughter, Dr. Zenobia Brown, who was initially barred from consulting with Carswell doctors, is now actively involved in the consul­ tations. Brown has informed Lynne’s defense commit­ tee that, based on the radiographic evidence, Lynne’s likely metastasized breast cancer is of the type that could kill her in a short time unless treated aggressively and immediately and by her own physicians.

Yet Carswell officials insist that Lynne be placed on the facility’s formal waiting list before further prison treatment.

Lynne has requested an immediate transfer to the highly respected New York City hospital that treated her for the initial breast cancer. While Carswell has a “compassionate release” program that could approve Lynne’s transfer to this facility, prison officials insist that Lynne’s status as a well-known personality insures that she will receive adequate treatment, if not “prefer­ ential treatment,” in prison. Her request for an imme­ diate transfer to New York until she recovers has been rejected. The implication, of course, is that if you are “famous” you get excellent treatment; if you’re poor and without outside support you get the standard inferior health care that is the rule in virtually all U.S. prisons. In Lynne’s case, as her “fame” stems from a lifetime in de­ with the same contempt and disregard that most are subjected to.

A recent article on Lynne’s case by health-care activist and Lynne Stewart supporter Bob Lederer cites a Phy­ sicians for a National Health Program (PNHP) report entitled, “The Health and Health Care of US Prisoners.” Lederer writes, “Almost a million inmates report having one more chronic medical [problems], and their access to medical care appears to be poor.

“An American Journal of Public Health article dis­ cussed a first-ever nationwide study. It said about 40% of America’s prison population (over 800,000 inmates) have chronic medical conditions. They include diabe­ tes, heart and kidney problems, asthma, and cancer. Researchers found ‘sick prisoners have poor access to care.’ Many in need aren’t treated. Others get deplorable care.

“Compared with comparably aged Americans, the in­ cidence of inmates’ illness is much higher. Treatment is sub-standard.”

The fight to reverse Carswell’s rejection of Lynne’s transfer request is the immediate and top priority of her defense committee, the Lynne Stewart Organiza­ tion. An online petition to President Obama to commute Lynne’s sentence is now in preparation, but such com­ mutation, according to prison and related regulations, cannot be considered until Lynne has exhausted all le­ gal remedies.

The last of these legal appeals is Lynne’s petition for certiorari (request that the court agree to hear Lynne’s ... Honduras watch. The U.S. imperialist hold on Latin America has been weakening with the rise case) scheduled for submission to the U.S. Supreme Court on Feb. 21, 2013. Lynne is calling on the broad legal community to unite in this final appeal to the U.S. Supreme Court. It is not clear at this point whether the filing of the petition or an actual decision of the Supreme Court constitutes the legal basis for President Obama to consider commuting Lynne’s sentence. Certiorari deci­ sions by the Supreme Court can take several months, if not a year or longer—too late for Lynne’s now rapidly progressing illness.

Lynne Stewart, a prominent civil rights attorney of 30 years who defended America’s poor, persecuted, and unwanted, was the victim of a government-orchestrat­ ed 2005 frame-up trial that was riddled with violations of constitutional principles. These errors, revealed in the court record and including repeated objections by her then attorney Michael Tigar, are being meticulously compiled for review.

This writer was present at Lynne’s trial, a five-week horrific proceeding replete with McCarthy-type (today “war on terror”) hearsay accusations that an intimidat­ ed judge allowed into evidence, and that had absolutely nothing to so with the facts of Lynne’s case.

Images of Osama Bin Laden were projected on giant movie-theater-size screens for the jury’s perusal, im­ plying that somehow Lynne was connected to the Sept. 11, 2001, World Trade Center bombing. The presiding judge allowed this material and countless other ex­ amples of admittedly “hearsay evidence” with the jus­ tification that while the material did not constitute any evidence against Lynne, the fact that some documents were found in files in Lynne’s office during an FBI search and seizure process was indicative of “the mind of the defendant.” There was no mention of the fact that it was the government itself that provided Lynne with this “evidence.” This was during the time, for some years after 1995, when Lynne was representing her cli­ ent, the “blind Sheik” Omar Abdel Rachman, In 2005, Lynne was convicted on four counts of con­ spiracy to aid and abet terrorism. This was mostly based on the government’s charge that her public issu­ decision indeed! rency.”

Tony Savino / Socialist Action (Above) Supporters gather around Lynne Stewart (ctr.) at sentencing hearing in New York in 2007.

ance several years later of a press release on behalf of her client, Rachman, an Egyptian cleric who was simi­ larly framed up and imprisoned for life on “terrorism” charges, was illegal. Ironically, Rachman’s freedom is today being demanded by Egypt’s president, Muslim Brotherhood head Mohamed Morsi.

Lynne Stewart, 73, was originally convicted and sen­ was contested by the reactionary U.S. Court of Appeals for the Second Circuit and her sentence was outra­ geously increased to 10 years by the now compliant Federal District Court trial judge, John Koetl—career Lynne attributes her “strong will” to the “focus that you [her supporters] all infuse me with!” Commenting on her formidable challenge of winning a hearing be­ fore the Supreme Court, she asked, “Will they deign to hear us? Will we advance the sunlight or only increase the shadows on our constitutional rights?” Lynne add­ ed, “We can only strive to present our issues in the best possible way and ‘fight like hell’ for justice. There’s no predicting results, but in prison, HOPE is the only cur­ Lynne Stewart’s freedom, and her life itself, in large part depend on our solidarity. She is intent on winning her health and freedom under the most difficult condi­ tions. Letters of solidarity to Lynne are essential.

Write Lynne at: Lynne Stewart #53504-054, Federal Medical Center Carswell, P.O. Box 27137, Fort Worth, Texas 76127. For critical information regarding where to address your letters of protest, e-mail her husband, Ralph Poynter: [email protected] or call (917) 853-9759. Send your generous contribution payable to: Lynne Stewart Organization, 1070 Dean Street, Brook­ lyn, NY 11216. n Jeff Mackler is the West Coast Coordinator of the Lynne Stewart Defense Committee, [email protected].