Case Details

CourtSouthern District of New York
Docket number1:02-cr-00395
Date case filed2002-04-09
Date case closed2010-07-29
Date of latest filing2013-07-30
Assigned toJudge John G. Koeltl
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Lynne Stewart
Party type: Defendant (3)
Attorney name: Daniel Habib
Attorney Contact:
Tigar Law Firm
626-C Admiral Drive
#321
Annapolis , MD 21401
LEAD ATTORNEY Designation: Retained

Attorney name: Jill R. Shellow-Lavine
Attorney Contact:
Law Offices of Jill R. Shellow-Lavine
2537 Post Road
Southport , CT 06890
(203) 258-1463
LEAD ATTORNEY Designation: Retained

Attorney name: Joshua Lewis Dratel
Attorney Contact:
Law Offices of Joshua L. Dratel, P.C.
14 Wall Street 28th Floor
New York , NY 10005
212-732-0707
Fax: 212-571-6341
Email: [email protected]
TERMINATED: 02/09/2010 LEAD ATTORNEY

Attorney name: Lynne F. Stewart
Attorney Contact:
Lynne F. Stewart, Esq.,
351 Broadway
Third Floor
New York , NY 10013
(212) 625-9696
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael E. Tigar
Attorney Contact:
626C Admiral Drive, #321
Annapolis , MD 21401
410/573-6935
TERMINATED: 05/09/2005 LEAD ATTORNEY Designation: Retained

Attorney name: Stephen Alan Somerstein
Attorney Contact:
Stephen A. Somerstein, Esq.,
292 Garfield Place
Brooklyn , NY 11215
(718)369-2273
Email: [email protected]
TERMINATED: 01/17/2003 LEAD ATTORNEY Designation: Retained

Attorney name: Steven P. Ragland
Attorney Contact:
The Tigar Law Firm
626C Admiral Drive, #321
Annapolis , MD 21401
(888) 868-4427
LEAD ATTORNEY Designation: Retained

Attorney name: Susan V. Tipograph
Attorney Contact:
351 Broadway
NY , NY 10013
(212)431-5360
LEAD ATTORNEY Designation: Retained

Attorney name: Gerald J. Niewoehner
Attorney Contact:
The Tigar Law Firm
626-C Admiral Drive
Annapolis , MD 21401
410-573-6935

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
02004-05-21 Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/21/2004 (ph, ) (Entered: 07/07/2004)
12002-04-08 Indictment (Sealed)SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, Sealed Defendant 2 (2) count(s) 1, 2, 3, Sealed Defendant 3 (3) count(s) 1, 2, 4, 5, Sealed Defendant 4 (4) count(s) 1, 2, 4 (jm) (Entered: 04/10/2002)
42002-04-08 Warrant IssuedArest WARRANT issued as to Sealed Defendant 3 (jm) (Entered: 04/10/2002)
62002-04-09 OrderORDER as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Unsealing Indictment ( Signed by Magistrate Judge Ronald L. Ellis ); Copies mailed. (jm) (Entered: 04/10/2002)
82002-04-09 Advice of Penalties and SanctionsOrder of advice of penalties and sanctions as to Lynne Stewart () (jb) (Entered: 04/11/2002)
92002-04-11 Notice of Attorney Appearance - DefendantNOTICE of Appearance for Lynne Stewart by Attorney Susan V. Tipograph (jb) (Entered: 04/11/2002)
102002-04-09 BondPRB BOND filed by Lynne Stewart in Amount $ 500,000 to be cosigned by 3 FRP's by April 10, 2002; surrender all travel documents; regular pretrial supervision; travels are limited to SDNY and EDNY; the defendant shall be released today with the bond to be signed by 4/10/02 by the 3 FRP's. (jb) (Entered: 04/11/2002)
162002-04-18 OrderORDER as to Lynne Stewart, It is hereby ordered that the defendant Lynne Stewart shall be released on the following conditions of bail: A $500,000 personal recognizance bond, co-signed by three financially responsible persons by April 10, 2002; the defendant Lynne Stewart shall surrender all travel documents, is subject to regular pretrial supervision. Travel is restricted to the Southern and Eastern Districts of New York. The defendant shall be released today with the bond to be signed by the three financially responsible people by April 10, 2002. ( Signed by Judge John G. Koeltl ); Copies mailed. (jb) (Entered: 04/18/2002)
182002-04-18 OrderSPEEDY TRIAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset pretrial conference for 4:30 6/12/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry and to Continue in the Interests of Justice time is excluded from 4/9/02 to 6/12/02. This order is entered pursuant to 18 U.S.C., Sec. 3161(h)(8)(A) . SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 04/18/2002)
192002-04-23 Endorsed LetterFiled Memo-Endorsement on letter by USA as to Lynne Stewart, requesting Judge Koeltl to "So Order" the scheduled agreeded upon by the Government and Susan Tipograph, defense counsel: defense motion due April 24th and the Government's reply due May 1st...SO ORDERED Addressed to Judge Koeltl, From AUSA Gary Stein, dated April 17, 2002. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 04/24/2002)
202002-04-29 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 04/29/2002)
212002-04-30 OrderPROTECTIVE ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, upon the application of the U.S. Attorney for the Southern District of New York, by and through Assistant U.S. Attorneys Joseph F. Bianco and Christopher J. Morvillo, and upon the consent of all defense counsel; (1) IT IS HEREBY ORDERED pursuant to Rule 16(d) of the Fed.R.Crim.Procedure that discovery material produced to the defense in this case shall not be further disseminated by the defendants or their counsel to any individuals, organizations or other entities, other than: (i) members of the defense team (co-counsel, paralegals, investigators, translators and secretarial statf); and (ii) experts retained to assist in the preparation of the defense; , and (2) IT IS FURTHER ORDERED that all such discovery materials are to be provided to the defense, and used by the defense, solely for the purpose of allowing the defendants to prepare their defense and that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media; , and (3) IT IS FURTHER ORDERED that none of the discovery materials produced by the Government to the defense shall be disseminated to, or discussed with, the media by the Government; , and (4) IT IS FURTHER ORDERED that nothing in this Order prohibits the media from obtaining copies of any items that become public exhibits at any conference, hearing, trial or other proceeding , and (5) IT IS FURTHER ORDERED that nothing in this Order in any way releases counsel for the Government or counsel for the defense from the obligations of the "Free Press Fair Trial Directives" of Local Rule 23.1 of the Local Criminal Rules of the Southern District of New York; , and (6) IT IS FURTHER ORDERED that nothing in this Order shall preclude the government from seeking a further protective order pursuant to Rule 16(d) as to particular items of discovery material , and (7) IT IS FURTHER ORDERED that nothing in this Order shall preclude counsel for the defense from entering into an agreement with the Government, or seeking an order from this Court, excluding certain specified discovery materials from the scope of this Order. ( Signed by Judge John G. Koeltl ); Copies mailed. (ph) (Entered: 05/01/2002)
222002-04-30 Endorsed LetterFiled Memo-Endorsement on letter: as to Lynne Stewart, from Susan V. Tipograph, atty for the dft, Dated 4/24/02, addressed to: Judge Koeltl, Re: a previous order setting a briefing schedule for dft to file a motion for the appointment of a Special Master to review the materials seized from her office pursuant to a search warrant. The motion papers were to be filed today, with the Government having until one week later, 5/1/02 to respond. Therefore, atty for the dft requests an extension of that schedule where the motion papers would be due by 9:00 a.m. on 4/26/02, the Government would then have until 5/3/02 to respond. AUSA Stein has no objection to the extension being requested. SO ORDERED. ( Signed by John G. Koeltl ); Copies mailed. (ja) (Entered: 05/01/2002)
232002-05-06 AffirmationAFFIRMATION by AUSA Gary Stein as to Lynne Stewart Re: in opposition to the motion by defendant Stewart for the appointment of a Special Master to review the materials seized from her law office on 4/9/02. (ph) (Entered: 05/07/2002)
242002-05-06 AffirmationAFFIRMATION by Tracy Stumpf, Special Agent with the Federal Bureua of Investigation, as to Lynne Stewart Re: in connection with the motion by defendant Lynne Stewart for the appointment of a Special Master, to describe for the Court the nature of the materials seized during the search and the areas of the Premises from which these materials were seized. (ph) (Entered: 05/07/2002)
252002-05-06 Memorandum in Opposition to MotionMEMORANDUM OF LAW by USA as to Lynne Stewart in opposition to the defendant's motion for appointment of a Special Master. (ph) (Entered: 05/07/2002)
262002-05-08 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Lynne Stewart, from AUSA Gary Stein, Dated May 3, 2002, addressed to: Judge Koeltl, requesting that the due of the government's papers in opposition be extended until May 6, 2002....GRANTED. (Signed Judge John G. Koeltl); Copies mailed. (jb) (Entered: 05/09/2002)
272002-05-08 Memo EndorsementFiled Memo-Endorsement on letter dated 4/30/02, as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Joseph F. Bianco/Christopher J. Morvillo, AUSAs, to Judge Koeltl, re: a request that the Court enter an Order authorizing disclosure, for the limited purposes of questioning witnesses, making discovery, use in pre-trial preparation and proceedings, and use during the trial in the referenced case all search warrants and supporting affidavits (including amended affidavits and warrants) relating to the following locations: 249 Hooker Place, Staten Island, NY, and two locked briefcases retrieved therefrom; 2) the Garage at 249 Hooker Place, Staten Island, NY...; 3) the Law Offices of Lynne Stewart..., 351 Broadway, New York, NY; and 4) 30-51 84th Street, East Elmhurst, NY. The Government further requests that the Court order that the original search warrants and supporting affidavits remain under seal until further order of the Court. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 05/09/2002)
282002-05-10 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 05/13/2002)
292002-05-15 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart , from Susan Tipograph, Dated 5/9/02, addressed to: Judge Koeltl Re: US v Sattar 02 cr 395, reset scheduling order deadlines: Reply to response to motion deadline 5/20/02 for Lynne Stewart ; ...Time to reply extended to 5/20/02. Reply to be faxed. So Ordered. , ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 05/17/2002)
302002-05-15 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart , from Susan Tipograph, Dated 5/9/02, addressed to: Judge Koeltl Re: US v Sattar etal, 02cr395, I am writing to request a change in the conditions of the bond which secured Lynne Stewarts release. For personal and professional reasons, Deft Stewart requestst permission to Travel within the Northern and Western Districts of NY ...Application granted. So Ordered. ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 05/21/2002)
332002-06-05 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The parties are directed to appear on Friday, May 31, 2002 at 2:30pm for argument on Ms. Stewart's pending motion for appointment of a special master. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
342002-06-05 OrderORDER as to Lynne Stewart, The Court has received an application from Joshua L. Dratel for leave to file an amicus curiae brief or briefs on behalf of various organizations. The government opposes the application, arguing that it is untimely and that further briefing would not add anything to the arguments that the parties have briefed. The proposed briefs are, indeed, very late and could have been filed in accordance with the parties original briefing schedule. Further filings should not, in these circumstances, delay consideration of the motion, which has been scheduled for argument on May 31, 2002. The Court also questions whether amicus curiae briefs will ultimately add anything to the arguments on the motion. However, not having seen what they may add, the Court will not reject the briefs out of hand. Therefore, any amicus curiae briefs are to be submitted by the end of the day on May 28, 2002. The government's response is due on May 30, 2002. No replies are to be filed. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
352002-06-05 Memo EndorsementFiled Memo-Endorsement on Notice of Appearance dated May 23, 2002, and signed by retained defense attorney Michael E. Tigar, as to Lynne Stewart, ..."Application to appear Pro Hac Vice GRANTED. So ORDERED". (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
362002-06-05 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart as to Lynne Stewart, from defense attorney Michael E. Tigar, Dated May 23, 2002, addressed to: Judge Koeltl, requesting the Court to extends defendant's bail restrictions to permit her to travel to the District of Columbia, the District of Maryland, and the intermediate districts (Delaware, Eastern District of Pennsylvania, New Jersey), and the Eastern District of Virginia (where the airports are located....GRANTED (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/06/2002)
382002-06-06 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of April 9, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
392002-06-06 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of April 24, 2002, before Judge John G. Koeltl . (jb) (Entered: 06/10/2002)
402002-06-11 Memorandum & OpinionOPINION AND ORDER# 87050 as to Lynne Stewart, defendant Stewart's motion for the appointment of a Special Master to perform an initial review of the materials for privilege and responsiveness should be GRANTED. Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 06/12/2002)
432002-06-18 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set scheduling order deadlines: Any defendants who intend to join the defendant Sattar's motion to dismiss dated 6/3/02 - Motion Filing to 6/14/02 for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion deadline 6/26/02 for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 6/21/02 for USA ; Pretrial Conference for 4:00 8/29/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; , and set scheduling order deadlines: Defendants are directed to file Motions relating to any allegedly improper disclosures to 6/19/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Reply to response to motion, if any, deadline 7/1/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 6/26/02 for USA ; , and to Continue in Interests of Justice time is excluded from 6/12/02 to 8/29/02 . ( Signed by Judge John G. Koeltl ) (ph) (Entered: 06/19/2002)
442002-06-17 Motion for JoinderMOTION by Lynne Stewart to join [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; , and makes additional argument and suggests additional relief. Return Date not specified. (ph) (Entered: 06/20/2002)
452002-06-19 Notice of Attorney Appearance - DefendantNOTICE of Appearance for Lynne Stewart by Attorney Stephen A. Somerstein. (ph) (Entered: 06/20/2002)
462002-06-20 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Lynne Stewart, from AUSAs Joseph F. Bianco/Christo, Dated 6/14/02, addressed to: Judge Koeltl Re: requesting that the Court enter an order authorizing the government to disclose the search warrant and supporting affidavit relating to the search of Law Offices of Lynne Stewart, Geoffrey Stewart and Sabrina Shroff, Judge memo-endorsed: The warrant and supporting affidavit may be disclosed to the Special Master in furtherance of his appointment and the documents are to be used solely for purposes of the appointment and subject to any prior sealing order and protective order. So ordered. ( Signed by Judge John G. Koeltl on 6/20/02). (ph) (Entered: 06/21/2002)
472002-06-20 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, as some counsel are aware, there is a reception in the Courthouse on Thursday, 6/20/02. To assure that all proper procedures are followed and appearances are preserved, the Court suggests that is would be better practice for all parties and counsel directly involved in the case before the Court not attend the reception, at the very least in this Court's chambers. ( Signed by Judge John G. Koeltl on 6/18/02). (ph) (Entered: 06/21/2002)
522002-06-26 Reply to Response to MotionREPLY by Lynne Stewart to response to [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; (jb) (Entered: 06/28/2002)
532002-06-28 LetterLETTER filed by USA as to Lynne Stewart From AUSA Joseph F. Bianco, Dated 6/26/02, Addressed to: Judge Koeltl Re: submits this letter in opposition to the defendant, Lynne Stewart's motion for an investigation and a hearing to determine how the press obtained access to a Government search warrant affidavit submitted in support of a request to search co-defendant Ahmed Abdel Sattar's residence and garage. (ph) (Entered: 07/03/2002)
552002-07-02 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 5/31/02 at 2:40 p.m., before Judge John G. Koeltl. (ph) (Entered: 07/03/2002)
562002-07-08 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart as to Lynne Stewart, from defense attorney Michael E. Tiger, Dated June 25, 2002, addressed to: Judge Koeltl, requesting the Court to modify defendant's bail conditions to include the continental United States...GRANTED. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/08/2002)
572002-07-15 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Oral argument on the pending motion is scheduled for Thursday, July 18, 2002 at 10:00am. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/15/2002)
582002-07-15 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The oral argument scheduled for Thursday, July 18, 2002 at 10:00am is hereby adjourned to Friday, July 19, 2002 at 2:30pm. (Signed by Judge John G. Koeltl); Copies mailed. (jb) (Entered: 07/15/2002)
602002-07-18 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/18/2002)
622002-07-24 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 07/24/2002)
632002-07-29 Endorsed LetterFiled Memo-Endorsement on letter: as to Lynne Stewart , from Michael E. Tigar, Atty for the defendant, Dated 7/25/02, addressed to: Judge Koeltl, Re: a request, to be permitted to file a brief letter response to the affidavit on or before August 1, 2002. Any response to the affidavit is to be filed by July 30, 2002. SO ORDERED. ( Signed by Judge John G. Koeltl ); Copies mailed. (ja) (Entered: 07/31/2002)
652002-08-12 Memorandum & OpinionMEMORANDUM OPINION # 87265 as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry denying [44-1] motion to join [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; as to Lynne Stewart (3), denying [44-2] motion makes additional argument and suggests additional relief. as to Lynne Stewart (3), mooting [31-1] motion dismissing the Indictment in that by Government's refusal to disclose whether there presently exists any electronic surveillance being conducted at the Metropolitan Correctional Center (MCC), 150 Park Row, NY, NY, specifically located in the attorney/client conference rooms at "10 South" and directed at the target of dft, Ahmed Abdel Sattar, and/or his counsel, and consequently the potential of eavesdropping on what would otherwise be privileged communications between atty and client, has resulted in counsel's inability to effectively communicate w/the dft and therefore a denial of his constitutional right of effective assistance of counsel; as to Ahmed Abdel Sattar (1), mooting [31-2] motion for such other and further relief as to this Court may deem just and proper. as to Ahmed Abdel Sattar (1)...For the foregoing reasons, the defendant Sattar's motion to compel disclosure of any non-court authorized electronic surveillance of his attorney-client meetings at the M.C.C. has been withdrawn. The other defendant's motions to compel disclosure to Sattar are denied as MOOT. Stewart's motions to compel disclosure of any ongoing electronic surveillance on Sixth Amendment grounds is DENIED. Stewart's motion for an evidentiary hearing with respect to the disclosure of a search warrant affidavit is DENIED.(Signed by Judge John G. Koeltl, on 8/6/02); Copies mailed. (jb) (Entered: 08/12/2002)
662002-08-09 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of June 12, 2002, at 4:35 p.m, before Judge John G. Koeltl . (jb) (Entered: 08/12/2002)
702002-08-28 Motion for ReconsiderationNOTICE OF MOTION by Lynne Stewart for an order reconsidering the Court's memorandum opinion and order of 8/6/02, and for such other relief as may be proper. Affirmation in support attached by Michael E. Tigar, Atty. Return Date not specified. (ja) Modified on 09/04/2002 (Entered: 09/03/2002)
722002-09-04 Endorsed LetterFiled Memo-Endorsement on letter: by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Attorney Michael E. Tigar, addressed to: Judge Koeltl Re: requesting that the Court place in record the following letter briefs dated 6/27/02 and 7/29/02, Judge memo-endorsed: The Clerk is directed to file the attached documents. SO ORDERED. ( Signed by Judge John G. Koeltl on 8/29/02). (ph) (Entered: 09/05/2002)
732002-09-04 LetterLETTER filed by Lynne Stewart From Attorney Michael E. Tigar, Dated 6/27/02, Addressed to: Judge Koeltl Re: submitting this letter brief in response to the government's letter of 6/26/02. (ph) (Entered: 09/05/2002)
742002-09-04 LetterLETTER filed by Lynne Stewart From Attorney Michael E. Tigar, Dated 7/29/02, Addressed to: Judge Koeltl Re: submits this letter brief with attached exhibits in response to the government's 7/24/02, filing, and in accordance with the "so ordered" of 7/25/02. (ph) (Entered: 09/05/2002)
752002-09-04 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set scheduling order deadlines: Status Conference for 4:30 10/3/02 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and to Continue in Interests of Justice time is excluded from 8/29/02 to 10/3/02 ...So Ordered. ( Signed by Judge John G. Koeltl ); Copies mailed. (ac) (Entered: 09/05/2002)
782002-09-11 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 09/11/2002)
802002-09-12 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 09/12/2002)
832002-09-23 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/23/2002)
842002-09-23 OrderORDER as to Lynne Stewart denying [70-1] motion for an order reconsidering the Court's memorandum opinion and order of 8/6/02, and for such other relief as may be proper. as to Lynne Stewart (3). By Notice of Motion dated 8/27/02 the defendant Lynne Stewart moved for reconsideration of this Court's 8/6/02 Order. The motion is denied. There is nothing in the motion or attachment that suggests that the factual representations to this Court were inaccurate. Moreover, there is nothing in the motion to suggest that the Court overlooked or misapprehended any issues of law or fact. ( Signed by Judge John G. Koeltl on 9/17/02); (ph) (Entered: 09/25/2002)
862002-10-09 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 8/29/02, before Judge John G. Koeltl . (df) (Entered: 10/09/2002)
872002-10-10 OrderSPEEDY TRIAL ORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, trial set for 10/7/03 at 9:00 a.m., dfts to file any pretrial motions is 1/10/03; the Govt's time to respond is extended to 2/14/03. The dft's replies, if any, shall be submitted by 3/7/03. Requests to charge and proposed voir dire shall be submitted by 8/12/03. Objections, if any, shall be submitted by 8/19/03. The parties are directed to appear for a conference on 9/5/03 at 4:00 p.m. The Court will hold a conference relating to Mr. Sattar on 10/18/02 at 11:30 a.m. Because the continuance until the trial date is needed because of the complexity of the case, the volume of discovery... time from today (10/3/02) until 10/7/03 is excluded from Speedy Trial Act calculations. Signed by Judge John G. Koeltl ); So Ordered. (ja) (Entered: 10/16/2002)
882002-10-30 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 10/30/2002)
892002-10-30 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 10/30/2002)
902002-11-07 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 11/08/2002)
912002-11-15 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2002)
932002-12-03 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for dates of 10/3/02 at 4:45 p.m., before Judge John G. Koeltl. (ph) (Entered: 12/04/2002)
942002-12-04 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
952002-12-04 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 12/04/2002)
972002-12-20 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart , from Michael Tigar, Dated 12/12/02, addressed to: Judge Koeltl Re: US v Lynne Stewart, We write to request an Order from Your Honor that the pretrial supervision of Lynne Stewart be terminated. ,....So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 12/20/2002)
992003-01-10 Motion for HearingMOTION by Lynne Stewart 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart , 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ... and for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. Declaration by Michael E. Tigar, Atty, in support attached. Return Date not specified.(ja) Modified on 01/13/2003 (Entered: 01/13/2003)
1002003-01-10 Memorandum in Support of MotionMEMORANDUM in support of [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. (ja) (Entered: 01/13/2003)
1012003-01-10 Motion to DismissMOTION by Lynne Stewart 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied , 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment , 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization , 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization , 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... , 6) ...ordering production of the entire administrative record concerning all relevant SAMs , 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars... , 8) ordering a severance and separate trial for Lynne Stewart... and , 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. Affirmation in support attached. Return Date not specified. (ja) Modified on 01/13/2003 (Entered: 01/13/2003)
1022003-01-10 Memorandum in Support of MotionMEMORANDUM in support of [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. (ja) (Entered: 01/13/2003)
1032003-01-13 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, set status conference for 9:30 1/17/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ( Signed by Judge John G. Koeltl on 1/7/03); Copies faxed by Chambers. Microfilmed on 1/14/03 at 9:00 a.m. (ph) (Entered: 01/14/2003)
1062003-01-17 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart as to Lynne Stewart , from Stephen Somerstein, Dated 1/8/03, addressed to: Judge Koeltl Re: US v Lynne Stewart, Please be advised that I wish to withdraw my appearance as one of the Atty's for Lynne Stewart. ,...Application granted. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 01/17/2003)
1072003-01-17 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset status conference for 2:30 1/24/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 01/17/2003)
1082003-02-03 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 02/03/2003)
1092003-02-10 Memorandum in Support of MotionMEMORANDUM Of Law for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Defendant Stewart's Motion to Dismiss Count Five (jw) (Entered: 02/14/2003)
1102003-02-13 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 02/14/2003)
1112003-02-19 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The trial date is adjourned to 1/12/04 at 9:00am. The Govts time to respond to the Defts pre-trial motions is extended to 3/7/03. The Defts replies, if any, shall be submitted by 4/4/03. A hearing on the motions will be held 5/2/03 at 10:00am. Requests to Charge, proposed Voir Dire, and proposed Jury Questionnaires shall be submitted by 12/1/03. Objections, if any, shall be submitted by 12/8/03. The parties are directed to appear for a final pre-trial conference on 12/12/03 at 9:30am. The Court excludes time from today, 1/24/03, until 1/12/04 from Speedy Trial Act calculations. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 02/20/2003)
1122003-02-25 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 02/25/2003)
1132003-02-28 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for dates of January 24, 2003, before Judge John G. Koeltl . (dt) (Entered: 02/28/2003)
1152003-03-05 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/05/2003)
1172003-03-10 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 03/10/2003)
1182003-03-07 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from Robin L. Baker/Christopher J. Morvillo, AUSAs, Dated 3/3/03, addressed to: Judge Koeltl, Re: requesting an additional two weeks to file opposition to the dfts pretrial motions: accordingly, to reset scheduling order deadlines: Reply to response to motion deadline 4/18/03 for Ahmed Sattar, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 3/21/03 for USA ; and oral argument remains scheduled for 10:00 5/2/03 for Ahmed Abdel Sattar, for Lynne Stewart, for Mohammed Yousry. Application granted. Govt's response due 3/21/03, defense reply due 4/18/03, oral argument remains scheduled for 5/2/03 at 10:00 a.m. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 03/10/2003)
1202003-03-19 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 03/20/2003)
1212003-03-19 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 03/20/2003)
1222003-03-19 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (js) (Entered: 03/20/2003)
1232003-03-19 Notice of Attorney Appearance - DefendantNOTICE of Appearance for Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry by Attorney Steven P. Ragland. (ph) (Entered: 03/21/2003)
1242003-03-21 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart , from Steven P. Ragland, Dated March 19, 2003, addressed to: Judge Koeltl Re: Attorney Appearance, for Steven P. Ragland to appear pro hac vice Judge's Decision: Application to appear pro hac vice granted. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 03/24/2003)
1252003-03-21 Memorandum in Opposition to MotionMEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Lynne Stewart in opposition to [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied, [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment, [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization, [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization, [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed..., [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs, [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars..., [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and, [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper., [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart, [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ..., [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper., [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution, [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning, [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void, [104-4] motion to dismiss count 3, [104-5] motion for discovery for count four, [104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act, [104-7] motion to sever co-defendant Mohammed Yousry, [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum. (ph) (Entered: 03/24/2003)
1262003-03-28 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Robin L. Baker/Christopher J. Morvillo, AUSAis, Dated 3/21/03, addressed to: Judge Koeltl, Re: Govt's Memorandum of Law In Opposition To Defendants' Pretrial Motions, ..., because of delays in the Foreign Intelligence Surveillance Court ("FISC"), the Government was unable to respond to the dft's motion to suppress the evidence obtained through electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act ("FISA"). ... Based on the foregoing, the Gov't requests that it have until 4/18/03 to file these additional materials. Application granted. SO ORDERED. ( Signed by Judge John G. Koeltl ) (ja) (Entered: 03/31/2003)
1302003-04-14 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (js) (Entered: 04/14/2003)
1322003-04-17 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court forwards to the parties the attached letter from the MCC. The Court does not see a need to proceed further on this issue at this time. Counsel should feel free to raise the issue again if the problem continues. The problem should be raised first with the MCC, but if no resolution occurs may of course be raised with the Court. So Ordered. ( Signed by Judge John G. Koeltl ); (letter attached) (ac) (Entered: 04/18/2003)
1332003-04-21 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from AUSA Robin Baker, Dated 4/14/03, addressed to: Judge Koeltl Re: US v Sattar, et al, reset and consolidate oral argument 9:30 6/13/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , and reset scheduling order deadlines: Reply to response to motion deadline 5/16/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry ; Response to motion deadline 5/2/03 for USA ; ,...Application granted. Schedule approved. Oral argument on all motions rescheduled to 6/13/03 at 9:30am. Courtroom will be announced subsequently. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 04/22/2003)
1352003-04-25 RemarkDeclaration of Michael E. Tigar in Support of Lynne Stewart's Reply Memoranda (jw) (Entered: 04/28/2003)
1362003-04-25 RemarkLynne Stewart's Reply Memorandum of Law (jw) (Entered: 04/28/2003)
1372003-04-28 Memorandum in Support of MotionMEMORANDUM by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in support of [101-5] motion (to dismiss count 5) ( 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... (ph) (Entered: 04/30/2003)
1382003-04-30 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
1392003-05-01 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/01/2003)
1402003-05-02 Memorandum in Opposition to MotionMEMORANDUM by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in opposition to [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. (ph) (Entered: 05/07/2003)
1412003-05-09 RemarkPetition for Judicial Determination of the Legality of Electronic Surveillances by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (ac) (Entered: 05/13/2003)
1432003-05-14 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
1442003-05-14 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
1452003-05-14 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/14/2003)
1462003-05-14 Motion for Miscellaneous ReliefMOTION by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry for Order establishing Procedures regarding Classified Information. Return Date not specified. Declaration of Roblin L. Baker attached. (ph) (Entered: 05/19/2003)
1482003-05-16 Reply to Response to MotionREPLY by Lynne Stewart to Government's 5/2/03 opposition concerning FISA surveillance. (ph) (Entered: 05/20/2003)
1492003-05-19 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 5/5/03, addressed to: Judge Koeltl Re: requesting an extension of time until 5/9/03 to submit classified documents to the court, granting the extension of time...Judge memo-endorsed: In view of the brief delay, the application for an extension is granted. The Court cautions, however, that time deadlines should be complied with in this first instance and not extended. ( Signed by Judge John G. Koeltl on 5/5/03); Microfilmed on 5/20/03 at 9:00 a.m. (ph) (Entered: 05/20/2003)
1502003-05-19 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Oral argument on the pending motions shall be heard on 6/13/03 at 9:30am. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 05/21/2003)
1512003-05-29 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 05/30/2003)
1522003-05-29 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 05/30/2003)
1532003-05-30 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, establishing procedures regarding classified information . ( Signed by Judge John G. Koeltl on 5/16/03); Microfilmed on 6/2/03 at 9:00 a.m. (ph) (Entered: 06/02/2003)
1542003-05-30 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 06/03/2003)
1562003-06-06 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Argument on all pending motions will be held on 6/13/03 at 9:30am in Courtroom 26B. The Deft's and the Govt will each have 90 minutes for argument. The Deft's may divide argument time as they choose among themselves. The parties may choose to reserve time for reply. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 06/09/2003)
1572003-06-06 Endorsed LetterFiled Memo-Endorsement on letter: as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from Michael E. Tigar, of Counsel to: The Tigar Law Firm, Dated 5/21/03, addressed to: Judge Koeltl, Re: the Govt's Notice of Motion for Order Establishing Procedures Regarding Classified Information, The Notice was filed 5/14/03, and served by Federal Express on counsel. The Court signed the Govt's proposed Order on 5/16/03 before noon, before we had a change to comment. We are therefore taking the opportunity to address the relevant issues. We ask that this letter be made a part of the court record. The application for reconsideration or rehearing is DENIED. The Court's prior Order was not contrary to law or unconstitutional and was fully consistent with law. SO ORDERED. ( Signed by John G. Koeltl ); (ja) (Entered: 06/10/2003)
1582003-06-09 Memorandum in Support of MotionREPLY MEMORANDUM REGARDING 3/19/03 MOTION TO SUPPRESS by Lynne Stewart in support of [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. (ac) (Entered: 06/10/2003)
1592003-06-12 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 06/12/2003)
1602003-06-17 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, there are two motions that the parties wish to brief at this time. The parties should submit opening briefs to the Court by 6/20/03. Responses are due 6/27/03. Replies, if any, shall be submitted by 7/3/03. ( Signed by Judge John G. Koeltl on 6/13/03); Microfilmed on 6/17/03 at 12:00 p.m. (ph) (Entered: 06/17/2003)
1612003-06-18 Endorsed LetterFiled Memo-Endorsement on letter: as to Lynne Stewart, from Michael E. Tigar, on behalf of Ms. Stewart, Dated 6/9/03, addressed to: Judge Koeltl, Re: topics for the motion hearing, If it fits the Court's convenience, each dft might present argument on each topic, followed by the Govt's argument on that topic, followed by rebuttal. We will of course be guided by the Court wishes: First Amendment Issues/Failure to State An Offense/Bill of Particulars, Judicial Review Issues/Governmental Secrecy, FISA and Other Search Issues Not Discussed Above, Lynne Stewart Severance Motion, and Lynne Stewart Motion re Broken Bargain. The dfts will have 90 minutes for argument that they may divide among themselves as they wish on all issues. They may reserve any time for rebuttal. The defense arguments will be followed by the Govt's 90 minutes on all issues. The Court leaves other parties the order in which they wish to address any issues. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 06/19/2003)
1642003-06-20 Motion for Miscellaneous ReliefNOTICE OF MOTION by Lynne Stewart for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, a writ cum causa, or, in the alternative, a mandatory injunction. Affirmation in support attached. Return Date not specified. (ja) (Entered: 06/20/2003)
1672003-06-27 Memorandum in Opposition to MotionMEMORANDUM OF LAW by Lynne Stewart in opposition to the government's Memorandum of Law in support of motion for an order authorizing disclosure of potentially privileged materials and Lynne Stewart's Cross-Motion for disclosure, for sequestration, for return of property, for suppresssion, and for appointment of a Special Master. (ph) (Entered: 06/27/2003)
1682003-07-07 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart , from AUSAs Robin L. Baker/Christopher, Dated 7/3/03, addressed to: Judge Koeltl Re: in connection with the government's request for an adjustment, the government consents to Stewart filing any reply to its opposition of Stewart's cross-motion on 7/21/03. The parties confirm that the defendant's reply brief on that motion is now due on 7/15/03....Judge memo-endorsed: Application granted. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/7/03 at 12:00 p.m.] (ph) Modified on 07/07/2003 (Entered: 07/07/2003)
1702003-07-03 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart , from Robin L. Baker & Christopher J, Dated July 2, 2003, addressed to: Judge Koeltl Re: To Extend time, Respectfully to ask the Court to extend for one additional day, until tomorrow, July 3, 2003 Judge's Decision: Application granted. The defendants time to reply is also extended for 1 additional day. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 07/07/2003)
1712003-07-03 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, from Robin L. Baker, Christopher J. Morvillo and Anthony S. Barkow, AUSAs, Dated 6/26/03, addressed to: Judge Koeltl, Re: a request, of the Court to extend time until Wednesday, July 2, 2003, the Govt's time to respond to the motions by dfts Ahmed Abdel Sattar and Lynne Stewart seeking access to Ahmed Abdel Rahman. The Govt's response is currently due tomorrow, June 27, 2003. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 07/08/2003)
1742003-07-15 Reply to Response to MotionREPLY by Lynne Stewart to Government's response to defendants' motions regarding Ahmed Abdel Rahman. (ph) (Entered: 07/16/2003)
1772003-07-22 OrderORDER granting [146-1] motion for Order establishing Procedures regarding Classified Information. as to Ahmed Abdel Sattar (1), Lynne Stewart (3), Mohammed Yousry (4). The goverment's application to make a filing by 8/5/03 containing classified information in opposition to the defendant's motion for access to Ahmed Abdel Rahman is granted. The objection is overruled. See order dated 5/16/03. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 07/22/2003)
1782003-07-22 Memorandum & OpinionMEMORANDUM OPINION # 88788 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry mooting [164-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum, a writ cum causa, or, in the alternative, a mandatory injunction. as to Lynne Stewart (3), mooting [162-1] motion for an Order, granting pre-trial access to Ahmed Abdel Rahman and for the issuance of a writ ad testificandum. as to Ahmed Abdel Sattar (1), denying [165-1] motion authorizing the Government to disclose potentially privileged materials to the Deft Ahmed Abdel Sattar as to Ahmed Abdel Sattar (1),, denying [101-1] motion 1) dismissing all counts of the Indictment on the ground that the underlying statutes and regulations are unconstitutional on their face and as applied as to Lynne Stewart (3), mooting [101-2] motion 2) dismissing each count of the Indictment for failure to state an offense against the U.S. within the meaning of Fed. R. Cim. P. 7(c)(1) and the 6th Amendment as to Lynne Stewart (3), mooting [101-3] motion 3) ordering an evidentiary hearing on the legality of designating IG as a foreign terrorist organization as to Lynne Stewart (3), mooting [101-4] motion 4) ...ordering production of the entire administrative record concerning designation of IG as a terrorist organization as to Lynne Stewart (3), mooting [101-5] motion 5) ordering an evidentiary hearing on the legality of the Special Administrative Measure (SAMs) as issue in this case, and directing that if the Court rejects the administrative determination, Counts IV and V will be dismissed... as to Lynne Stewart (3), mooting [101-6] motion 6) ...ordering production of the entire administrative record concerning all relevant SAMs as to Lynne Stewart (3), denying [101-7] motion 7) In the alternative to dismissal of the Indictment, and as a means of assessing the legality of any count not dismissed as prayed above, ordering a Bill of Particulars... as to Lynne Stewart (3), denying [101-8] motion 8) ordering a severance and separate trial for Lynne Stewart... and as to Lynne Stewart (3), denying [101-9] motion 9) suppressing the fruits of all searches done under the purported authority of the Foreign Intelligence Surveillance Act..., and setting an evidentiary hearing on that issue, and for such other relief as may be proper. as to Lynne Stewart (3), granting [99-1] motion 1) setting an evidentiary hearing on whether the gov't is foreclosed by a prior agreement from pursuing the present Indictment against Lynne Stewart as to Lynne Stewart (3), mooting [99-2] motion 2) allowing the defendants subpoenas for the testimony of Stanley Cohen, Esq., Patrick Fitzgerald, Esq., Joseph Bianco, Esq. ... as to Lynne Stewart (3), denying [99-3] motion for an order directing specific performance of the agreement between Ms. Stewart and the U.S. and dismissing the present Indictment and for such other relief as may be proper. as to Lynne Stewart (3), mooting [104-1] motion The designation of the Islamic group as a foreign terrorist organization is a nullity and cannot be relied upon in a prosecution as to Ahmed Abdel Sattar (1), granting [104-2] motion Counts One and Two is unconstitutionally vague as it fails to provide fair notice and warning as to Ahmed Abdel Sattar (1), mooting [104-3] motion Title 18 U.S.C.2339B is unconstitutionally overbroad and should be deemed void as to Ahmed Abdel Sattar (1), denying [104-4] motion to dismiss count 3 as to Ahmed Abdel Sattar (1), denying [104-5] motion for discovery for count four as to Ahmed Abdel Sattar (1), mooting104-6] motion to suppress the fruits of the electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act as to Ahmed Abdel Sattar (1), denying [104-7] motion to sever co-defendant Mohammed Yousry as to Ahmed Abdel Sattar (1), denying [104-8] motion for Bill of Particulars to determine the issues raised herein are contained in the points set forth in this memorandum as to Ahmed Abdel Sattar (1). The Court has considered all of the argument raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. ( Signed by Judge John G. Koeltl ); [ Microfilmed on 7/23/03 at 3:00 p.m.] (ph) (Entered: 07/22/2003)
1792003-07-22 Reply to Response to MotionLynne Stewart's Reply to Government's Opposition to her cross-motion (ja) (Entered: 07/24/2003)
1802003-07-24 Endorsed LetterFiled Memo-Endorsement on letter: by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from Attorney Michael E. Tigar, Dated 7/21/03, addressed to: Judge Koeltl Re: requesting leave to file our reply in support of our cross-motion tomorrow, 7/22/03, rather than today, 7/21/03, Judge memo-endorsed: Application granted. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/25/03 at 9:00 a.m.] (ph) (Entered: 07/25/2003)
1812003-07-28 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/28/2003)
1832003-07-25 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart. (dcap) (Entered: 08/19/2003)
1842003-07-25 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart. (dcap) (Entered: 08/19/2003)
1852003-07-30 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/30/2003)
1862003-07-30 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 07/30/2003)
1872003-07-31 OrderORDER as to Lynne Stewart, the Court has become aware of a typographical error in the Opinion and Order issued in this case on 7/22/03. The part of the Opinion and Order addressing defendant Stewart's motion for an evidentiary hearing was previously numbered Part VII on page 75 of the Opinion and Order. The part should have been labeled Part VIII. The Clerk is requested to substitute the enclosed page 75 for the page 75 that is currently included in the Opinion an Order. ( Signed by Judge John G. Koeltl ); [Microfilmed on 7/31/03 at 12:00 p.m.] (Page replaced on 7/31/03). (ph) Modified on 07/31/2003 (Entered: 07/31/2003)
1882003-08-04 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The motion for access to Ahmed Abdel Rahman is fully briefed with the exception of a classified filing by the Gov't which was to be filed by 8/5/03. The Court extends the deadline for the classified filing by the Gov't until 8/25/03 at which time the motion will be fully briefed. Any other applications in connection with the sheduling of the briefing and timing of the motion are denied. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/04/2003)
1892003-08-13 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, a hearing is scheduled for Tuesday, August 26, 2003 at 10:00 a.m. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/14/2003)
1902003-08-14 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 08/14/2003)
1922003-08-19 Notice of Appeal - Final JudgmentNOTICE OF APPEAL by USA as to Lynne Stewart , [178-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Barry M. Fallick, Esq., David A. Ruhnke, Esq., Michael E. Tigar, Esq., Kenneth A. Paul, Esq. and David Stern, Esq. (dt) (Entered: 08/19/2003)
1942003-07-18 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of June 13, 2003, before Judge John G. Koeltl . (jw) (Entered: 08/21/2003)
1952003-08-21 OrderORDER as to Lynne Stewart, The Court issued an Order for the Govt to respond by 8/15/03 to Deft Stewart's letter application dated 8/6/03 for an Order requiring the production of documents from the Govt in connection with the hearing previously scheduled for 8/26/03. The Govt has not responded and it is not clear that the Order was distributed to the parties. The Govt should respond to the defts application by 8/26/03. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 08/22/2003)
1962003-08-21 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Lynne Stewart, from Robin L. Baker, AUSA, Dated 8/5/03, addressed to: Judge Koeltl, Re: a request, of the Court to approve a briefing schedule for the motion Stewart filed on 7/25/03 which seeks an evidentiary hearing "on government noncompliance with discovery obligations...." The Government asks the Court to permit the Government to file its opposition on 8/22/03 and Mr. Ragland also advised me that Stewart asks to file her reply on 9/5/03. The Government consents to this request , and the Government respectfully asks permission to file its opposition to the Motion under seal, and asks the Court to direct that Stewart's reply be filed under seal. 1) Government's response due 8/22/03; Stewart's Reply due 9/5/03. Papers to be filed under seal; and 2) Letters dated 7/25/03 and Court Order dated 7/25/03 as described herein, not to be filed under seal. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/22/2003)
1972003-08-21 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Govt's request for an adjournment of the hearing currently scheduled for 8/26/03 is granted. The Court will set a date for the hearing before the end of August. So Ordered. ( Signed by Judge Denny Chin, part I ); (ac) Modified on 08/22/2003 (Entered: 08/22/2003)
1982003-08-22 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 8/20/03, addressed to: Judge Re: following up on yesterday's letter requesting a brief adjournment of the government's time to respond to the Court's ex parte, Order dated 8/13/03, extending time for the government to respond...Judge memo-endorsed: Application granted. Time to submit the classified filing extended to 8/25/03. Because this Order and the government's 8/19 letter and this 8/20 letter do not contain classified information, all are to be filed in the public file and the government should assure copies are copies to defense counsel. So ordered. ( Signed by Judge John G. Koeltl ); [Microfilmed on 8/22/03 at 12:00 p.m.] (ph) (Entered: 08/22/2003)
1992003-08-22 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart , from Steven Ragland, Dated 8/20/03, addressed to: Judge Koeltl Re: US v Lynne Stewart, requesting permission for Deft Stewart to Travel to Dublin, Ireland next month ,...So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 08/22/2003)
2002003-08-22 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court has received the enclosed letter that it now forwards to counsel for the defendants and the Government ( Signed by Judge John G. Koeltl ); (jw) (Entered: 08/25/2003)
2012003-08-26 OrderORDER as to Lynne Stewart, By letter dated 8/22/03, which the Court filed under seal, the Government requests an extension of time until 9/5/03 to respond to dft Stewart's motion concerning discovery. The extension is granted. , and this Order is not being filed under seal. Any response to the Govt's letter referring to any materials subject to the protective order is to be filed under seal. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 08/26/2003)
2022003-08-27 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 08/27/2003)
2032003-08-25 Memorandum in Opposition to MotionMEMORANDUM OF LAW by USA as to Lynne Stewart in opposition to Deft Stewart's Discovery Motion in Connection with Hearing on Purported Immunity Agreement. (ac) (Entered: 08/27/2003)
2052003-08-29 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset scheduling order deadlines: Status Conference for 10:00 9/22/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry , Deft Stewart may submit a reply to the Govt memo dated 8/25/03 relating to the discovery motion in connection with the hearing by 9/3/03 , and by 9/3/03, the Govt shall also advise the Court of the status of any applications to the Court of Appeals in connection with the progress of any proceedings in this Court. So Ordered. ( Signed by Judge John G. Koeltl ); (ac) (Entered: 09/02/2003)
2062003-09-03 Memorandum in Support of MotionREPLY MEMORANDUM by Lynne Stewart in support of Her Motion to Compel Production of Materials Related to the Non-Prosecution Agreement and the Scheduled Evidentiary Hearing. (ac) (Entered: 09/04/2003)
2072003-09-08 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Lynne Stewart , from Robin L. Baker & Christopher J, Dated September 5, 2003, addressed to: Judge Koeltl Re: Requesting extension of time, reset scheduling order deadlines: Response to motion deadline 9/8/03 for USA ; Judge's Decision: Application granted. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 09/09/2003)
2092003-09-09 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/09/2003)
2102003-09-09 OrderORDER as to Lynne Stewart, The Court has received original copies of the Government's papers in opposition to defendant Stewart's July 25, 2003 Motion Regarding Electronic Surveillance Evidence. The Court will file the papers under seal. The Government should submit courtesy copies to the Court. SO ORDERED ( Signed by Judge John G. Koeltl ); (jw) (Entered: 09/10/2003)
2112003-09-11 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, the Court has issued an order dated today requesting the government to submit certain additional information in connection with the FISA filings. The material should be filed ex parte for in camera review subject to appropriate security classification. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/11/03 at 3:00 p.m.] (ph) (Entered: 09/12/2003)
2122003-09-15 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, the Court has today issued an Opinion and Order relating to the current motions concerning FISA issues. The Court hs also filed an Order ex parte and under seal dealing with classified aspects of the FISA issues. That Order does not change the conclusions of the published Opinion and Order in any way. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/16/03 at 9:00 a.m., RE-Microfilmed on 11/14/07 at 3:00 PM] (ph) (Entered: 09/16/2003)
2132003-09-16 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/16/2003)
2142003-09-15 OrderORDER as to Lynne Stewart, dft Stewart asks the Court to order the disclosure of material that the Government allegedly refuses to provide. Stewart seeks the material in order to prepare for the evidentiary hearing regarding whether the Government entered into a non-prosecution agreement with Stewart that would preclude the current prosecution. The defendant's motion is denied. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 09/16/2003)
2152003-09-15 Memorandum & OpinionMEMORANDUM OPINION # 89049 as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Fnally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. ( Signed by Judge John G. Koeltl ); [Microfilmed on 9/16/03 at 9:00 a.m.] (ph) (Entered: 09/17/2003)
2162003-09-17 Notice of Attorney Appearance - DefendantNOTICE of Appearance for Lynne Stewart by Attorney Jill R. Shellow-Lavine. (ph) (Entered: 09/19/2003)
2172003-09-17 Motion for Miscellaneous ReliefNOTICE OF MOTION by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information (ac) (Entered: 09/19/2003)
2182003-09-17 Memorandum in Support of MotionUNCLASSIFIED MEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry in support of motion [217-1] To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information (ac) (Entered: 09/19/2003)
2192003-09-19 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/19/2003)
2202003-09-17 LetterLETTER filed by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, From Robin L. Baker, Christopher J. Morvillo, & Anthony S. Barkow, AUSAs, Dated 9/17/03, Addressed to: Judge Koeltl, Re: the Gov't respectfully requests that the Court enter a protective order denying disclosure of the Fitzgerald Memoranda, pursuant to Rule 26.2(c) and, as appropriate, Section 4 of CIPA. Additionally, for the same reasons, the Gov't respectfully asks the Court to preclude cross-examination of Mr. Fitzgerald w/respect to the subject matter of the Fitzgerald Memoranda. (ja) (Entered: 09/22/2003)
2212002-07-23 AffirmationAFFIRMATION by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Re: Christopher J. Morvillo, pursuant to Title 28 US Code, Section 1746 hereby declares under penalty of perjury: To submit this affirmation in connection with the Government's opposition to the motion of Defendant Lynne Stewart. (jw) (Entered: 09/23/2003)
2222003-05-09 RemarkDeclaration and Claim of Privilege of the Attorney General of the United States as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (rag) Modified on 09/23/2003 (Entered: 09/23/2003)
2232003-09-23 Appeal Record Sent to USCA - IndexFile notice that the record on appeal as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry has been certified and transmitted to USCA on 9/23/03 [191-1] appeal, [192-1] appeal, [193-1] appeal (pr) (Entered: 09/23/2003)
2242003-09-22 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. 1. The Court has received a letter from The New York Times which seeks disclosure of documents in connection with deft Stewart's motion relating to certain evidence. The Court has received a letter dated Sept. 19 from Stewart's counsel with respect to that application. The Govt and counsel for the remaining defts (if they choose) should provide the Court with any comments by 9/23/03. The Court notes that deft Stewart's response to the motion is only scheduled to be filed under seal on 9/29/03. The Court also notes that the parties may wish to confer on the issue, perhaps with counsel for The Times, because it may be that only portions of the documents should remain under seal. 2. The Court has received the Govt's motions dated 9/17/03 relating to the Fitzgerald Memoranda. In view of the date for the evidentiary hearing, deft Stewart should respond by 9/23/03, and the Govt should reply by 9/24/03. All papers should be served by fax with a courtesy copy to the Court by fax. ( Signed on 9/19/03 by Judge John G. Koeltl ). [ microfilm 9/22/03 12pm ] (bw) (Entered: 09/24/2003)
2252003-09-23 Endorsed LetterFiled Memo-Endorsement on letter: as to Lynne Stewart, from Jill R. Shellow-Lavine, Atty for the dft, Dated 9/19/03, addressed to: Judge Koeltl, Re: I received a copy of AUSA Robin I. Baker's 9/17/03 letter, Notice of Motion and Unclassified Memorandum of Law w/respect to the Govt's request to deny disclosure of three memoranda authored by then AUSA Patrick J. Fitzgerald in connection w/the evidentiary hearing scheduled for 9/29/03. Accordingly, we request that Lynne Stewart be permitted to file her response on this subject by fax on Wednesday, Sept 24, 2003. The Court extended the time to respond to 9/23, with a reply by 9/24. SO ORDERED. ( Signed Judge John G. Koeltl ); (ja) (Entered: 09/29/2003)
2262003-09-29 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 09/30/2003)
2272003-09-30 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/30/2003)
2282003-09-30 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 09/30/2003)
2292003-09-29 Endorsed LetterFiled Memo-Endorsement on letter: by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from Attorney E. Tigar, Dated 9/26/03, addressed to: Judge Koeltl Re: requesting an extension of time to file a motion for reconsideration of the Court's 9/15/03 FISA opinion on 10/7/03. granting the extension of time....Judge memo-endorsed: Time to file motion for reconsideration extended to 10/7/03. So ordered. , ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
2302003-09-29 OrderORDER as to Lynne Stewart, the Court orders: (1) the Government should promptly file the redacted versions of its papers in response to defendant Stewart's 7/25/03 motion. (2) The Government should file the redacted copy of its September 23, 2003 letter. (3) The Court will file the unredacted copy of the Government's 9/23/03 letter under seal. (4) Defendant Stewart shall file the reply materials in connection with the pending motion under seal. The materials are due on 9/29/03. After review for redactions it is expected that the reply documents will also then be filed in the public file. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
2312003-09-29 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry granting [217-1] motion To Delete Classified Information from Disclosure and to Substitute an Unclassified Statement or Summary of Information as to Ahmed Abdel Sattar (1), Yassir Al-Sirri (2), Lynne Stewart (3), Mohammed Yousry (4). The government's motion for a protective order is denied. The government's motion to provide a summary of the first 2001 Memo and a redacted copy of the second 2001 Memo pursuant to CIPA is granted. The classified submissions will be sealed and kept in the custody of the court security officer, and made available for appellate reveiw, if necessary. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 10/01/2003)
2322003-10-01 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 10/01/2003)
2332003-10-03 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Lynne Stewart , from Anthony S. Barkow, Dated October 2, 2003, addressed to: Judge Koeltl Re: Sealed Pleading, Respectfully to submit a proposed redacted version of a pleading filed under seal by defendant Lynne Stewart on September 29, 2003 Judge's Memo-endorsed... This letter and the attached filing shall be filed in the public file. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/07/2003)
2342003-10-07 USCA OrderTrue Copy of Order from USCA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. USCA Nos. 03-1507(L), 03-1508, 03-1509; On Motion by USA for Expedited Briefing and Argument Schedule, It is hereby ORDERED that the motion for an expedited appeal is GRANTED. The Govt's brief shall be filed by 10/6/03; appellee's brief shall be filed by 11/3/03; the Govt's reply brief shall be filed by 11/11/03; and the appeal shall be heard the week of 12/1/03, subject to the approval of the presiding judge. [ Certified: 9/30/03 ] (bw) (Entered: 10/08/2003)
2352003-09-30 USCA OrderTrue Copy of Order from USCA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: Motion by USA granting Motion for Issuance of Limited Mandate. (Certifed: 9/23/03). (ph) (Entered: 10/10/2003)
2362003-10-01 LetterLETTER filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry From AUSA Robin L. Baker, Dated 9/23/03, Addressed to: Judge Koeltl Re: writing in response to the 9/17/03 letter from the New York Times Company, publisher of the New York Times. (Declaration of Michael T. Elliott and Government's Memorandum of Law in Opposition to defendant Lynn Stewart's 7/25/03 Motion regarding Electronic Surveillance Evidence attached. (ph) (Entered: 10/10/2003)
2372003-10-07 Memorandum in Support of MotionMEMORANDUM in support by Jill R. Shellow-Lavine, Esq. on behalf of defendant Lynne Stewart - Motion to Reconsider the 9/15/03 Opinion and Order denying her motion to suppress evidence obtained pursuant to the Foreign Intelligence Surveillance Act of 1978 (FISA) (ja) (Entered: 10/10/2003)
2382003-10-07 Motion for ReconsiderationMOTION by Lynne Stewart for reconsideration of [215-1] order all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Finally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. , and to direct the government to produce to the defense information on the minimization and retention procedures, if any, which were used in the course the FISA surveillance. No Return Date. (ph) (Entered: 10/14/2003)
2392003-10-15 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (kre) (Entered: 10/15/2003)
2402003-10-07 RemarkAs to Lynne Stewart - Post-Hearing Declaration of Michael E. Tigar in Support of Lynne's Stewart's "Broken Bargain" Motion (ja) (Entered: 10/15/2003)
2412003-10-16 RemarkSECOND DECLARATION OF Michael T. Elliott as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (ph) (Entered: 10/17/2003)
2432003-10-20 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Because there is no contention that the Second Elliott Declaration refers to any material under seal, and because there is no application to file it under seal, it can be filed in the public file ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/20/2003)
2442003-10-21 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 10/22/2003)
2462003-10-20 LetterLETTER filed by USA as to Lynne Stewart From Andrew S. Dember & Robin L. Baker, Christopher J. Morvillo, Anthony S. Barkow, Dated October 17, 2003, Addressed to: Judge Koeltl Re: We write respectfully to respond briefly to the October 3, 2003 post-hearing declaration of Michael E. Tigar, Esq. submitted in support of Stewart's motion to dismiss the Indictment based on an implied non-prosecution agreement. For the foregoing reasons, the Government respectfully requests that the Court order the defense to return all copies of Government Exhibits 20,21 and 22 and all copies of the Rule 26.2 material produced in advance of the hearing. (jw) (Entered: 10/23/2003)
2472003-10-22 USCA Mandate - Final Judgment AppealMANDATE OF USCA (certified copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry Re: [193-1] appeal, [192-1] appeal, [191-1] appeal IT IS HEREBY STIPULATED AND AGREED by and between appellant the United States of America, by James B. Comey, the United States Attorney for the Southern District of New York, and defendants-appellees Ahmed Abdel Sattar, by and through his counsel Kenneth A. Paul Esq., Lynne Stewart, by and through her counsel Michael E. Tigar, Esq., and Mohammed Yousry, by and through his counsel, David A. Stern, Esq., that the United States of America hereby withdraws its appeal. (Dkt. Nos. 03-1507(L), 03-1508, 03-1509). Certified: 10/16/03. (ph) (Entered: 10/23/2003)
2482003-10-23 Endorsed LetterFiled Memo-Endorsement on letter: by Lynne Stewart , from Jill R. Shellow-Lavine, Dated October 21, 2003, addressed to: Judge Koeltl Re: Reschedule Briefing, reset scheduling order deadlines: Reply to response to motion deadline 10/23/03 for Lynne Stewart ; Judge's Memo-endorsed.. SO ORDERED , ( Signed by Judge John G. Koeltl ); (jw) (Entered: 10/24/2003)
2492003-10-27 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry , from Anthony S. Barkow, AUSA, Dated 10/23/03, addressed to: Judge Koeltl, Re: a request, the Government inquires whether the Court intends to hold the trial in this matter in the Court's regular courtroom or in another courtroom in light of the large number of attys involved... The Government respectfully requests that the decision as to the courtroom be made as soon as possible, so that the Government may plan certain logistical aspects of its trial preparation such as the set up of equipment to be used... The Court will use Courtroom 318 at 40 Foley Square for the trial. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 10/27/2003)
2502003-10-31 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 10/31/2003)
2512003-10-31 Sealed DocumentSEALED DOCUMENT as to Lynne Stewart (wv) (Entered: 10/31/2003)
2522003-11-05 TranscriptTRANSCRIPT of record of proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry for dates of 9/29/03, before Judge John G. Koeltl . (df) (Entered: 11/05/2003)
2532003-11-05 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, The Court has issued an ex parte Order to the Government, which is being filed under seal with the Court Security Officer because it refers to classified materials. The Court is also providing the Court Security Officer the classified materials that were submitted to the Court in connection with the classified redactions from the Fitzgerald Memos, so that these materials can be filed in a secure fashion and be available for any appellate review ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/05/2003)
2542003-11-05 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/05/2003)
2552003-11-05 OrderORDER as to Lynne Stewart denying [238-1] motion for reconsideration of [215-1] order all of the defendant's motions to suppress the fruits of the FISA evidence are denied. The government's motion is granted. The Court has conducted an ex parte, in camera review of the materials submitted by the government and finds that the FISA surveillance was lawfully authorizied and executed. The court will not disclose those materials to the defendants. The Government may provide Sattar with those portions of the Prison Recordings and Yousry Notebooks that have been redacted so as not to contain material covered potentially by the attorney-client privilege or the work-product doctrine. When the Government taint team has completed the redactions, the Government should provide the Court with the portions that the Government taint team believes may contain privileged material for the Court's review and potential disclosure to Sattar. Finally, Stewart's motion for disclosure, sequestration, return of property, suppression, appointment of a Special Master and for an evidentiary hearing is denied in its entirety. The court has considered all of the arguments raised by the parties. To the extent not specifically discussed above, the arguments are either moot or without merit. as to Lynne Stewart (3), denying [238-2] motion to direct the government to produce to the defense information on the minimization and retention procedures, if any, which were used in the course the FISA surveillance. as to Lynne Stewart (3) ( Signed by Judge John G. Koeltl ); SO ORDERED. (ja) (Entered: 11/06/2003)
2562003-11-05 Memorandum & OpinionMEMORANDUM OPINION # 89290 as to Lynne Stewart, defendant Stewart has moved for an evidentiary hearing on both "government noncompliance with discovery obligations, principally concerning electronic surveillance evidence," and the "admissibility of electronic surveillance evidence." (Notice of Mot. dated 7/25/03, at 1.) Stewart contends that the motion is warranted because the Gov't has acknowledged that it is unable to retrieve roughly two percent of the unminimized voice calls recorded pursuant to the Foreign Intelligence Surveillance Act of 1978 ("FISA") pertinent to this case, and because the FBI's procedures for handling electronic evidence allegedly raise doubts about the admissibility of the electronic surveillnce evidence. For the reasons herein, the motion is denied. ... The Court has considered all of the other arguments raised by the parties. To the extent not specifically discussed herein, they are either moot or without merit. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
2572003-11-05 Memorandum & OpinionMEMORANDUM OPINION # 89291 as to Lynne Stewart, defendant Stewart requested an evidentiary hearing to determine whether the Gov't negotiated an oral agreement with her former counsel in which the Gov't allegedly agreed to forgo any SAM-related prosecution of Stewart in exchange for her agreement to certain restrictions on her visits with Sheikh Omar Abdel Rahman. In an Opinion and Order dated 7/22/03, the Court concluded that, based upon the submissions of the parties then before the Court on the issue, an evidentialy hearing was warranted..., to determine whether an agreement existed... ...Conclusion: For the reasons explained, dft Stewart's motion to dismiss the Indictment on the grounds of a nonprosecution agreement is denied. The Govt's request that the 26.2 material for Fitzgerald be returned to the Gov't is denied. The Court has considered all of the other arguments raised by the parties. To the extent not specifically discussed above, they are either moot or without merit. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
2582003-11-05 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Lynne Stewart, from Christopher J. Morvillo, AUSA, Dated 11/3/03, addressed to: Judge Koeltl, Re: Special Master's Report and Recommendation ("R&R") issued on 10/30/03. Specifically, with Stewart's consent, to jointly propose a schedule for the filing of any objections to the R&R. The Objections can be filed under seal. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
2592003-11-05 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset final pretrial conference for 10:00 12/17/03 for Ahmed Abdel Sattar, for Yassir Al-Sirri, for Lynne Stewart, for Mohammed Yousry SO ORDERED.( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/06/2003)
2602003-11-05 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Defendant Sattar moves for an order granting pretrial access to Ahmed Abdel Rahman and the issuance of a writ ad testificandum. Defendant Stewart joins in that application, and she adds a request, in the alternative, for a writ cum causa or for a mandatory injunction directing the Government to grant access to Ahmed Abdel Rahman. The defendant's motions are denied. ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/07/2003)
2612003-11-12 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/12/2003)
2622003-11-12 Endorsed LetterFiled Memo-Endorsement on letter: by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, from AUSA Robin L. Baker, Dated 11/5/03, addressed to: Judge Koeltl Re: responding to Paragraph 2 of the Court's November 3,2003 Order and asking the Court to decide whether it should remain ex parte and whether it should be filed under seal. Judge memo-endorsed: 1. This letter will be filed in the public file and served on all counsel. The government explains that this letter is not classified and does not assert that there is a reason for this letter to remain ex parte. The underlying documents will continue to remain ex parte and under seal. So ordered. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 11/13/2003)
2632003-11-13 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/13/2003)
2642003-11-13 Endorsed LetterFiled Memo-Endorsement on letter: as to Lynne Stewart, from Susan V. Tipograph, Atty for the dft, Dated 11/12/03, addressed to: Judge Koeltl, Re: Both the Gov't and the defense request that the parties have until Monday, November 17, 2003, to file any responses to the objections to the Special Master's Report and Recommendation. Application Granted. SO ORDERED. ( Signed by Judge John G. Koeltl ); (ja) (Entered: 11/14/2003)
2652003-11-12 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, reset scheduling order deadlines: The Court previously directed that requests to charge, proposed voir dire and proposed jury questionnaires shall be submitted by December 1, 2003; Any objection shall be submitted by December 8, 2003; The final pre-trial conference is to be held on December 17, 2003 in Courtroom 12B at 500 Pearl Street; The questionnaires will be distributed by the Jury Administrator to potential jurors and completed on January 6 and 7, 2004; The Court will hold a conference with the parties on January 9, 2004 at 10:00am in Courtroom 12B at 500 Pearl Street; Potential jurors who have not been previously excused will be brought in and voir dire examinations will commence on January 12, 2004 at 10:00am ( Signed by Judge John G. Koeltl ); (jw) (Entered: 11/14/2003)
2682003-11-17 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, Subject to any comments or Objections by the parties, which are to be filed no later than 11/25/03, the Court directs the following: (1) The parties should promptly review with counsel for Sheik Abdel Rahman whether Sheik Abdel Rahman has any objection to these and the other transcripts of conversations with him being disclosed solely to defendant Sattar; (2) The government should provide the Court with transcripts redacted solely to exclude possibly privileged conversations. The Court assumes without deciding that there is no objection at this time to providing solely to Sattar those portions of the redacted converations which were redacted for purposes other than privilege. ( Signed by Judge John G. Koeltl ); (ph) (Entered: 11/17/2003)
2692003-11-18 Sealed DocumentSEALED DOCUMENT as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (wv) (Entered: 11/18/2003)
2702003-12-01 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The defendants may submit pretrial motions by 1/23/2004. The Government's responses shall be submitted by 2/27/2004. The defendant's replies shall be submitted by 3/19/2004. A hearing on the motions will be held 4/9/04 at 9:00 a.m. Request to charge, proposed voir dire, and a proposed jury questionnaire shall be submitted by 4/26/04. Objections, if any, shall be submitted by 4/28/04. The parties are directed to appear for a final pretrial conference on 4/30/2004 at 10:00 AM. Questionnaires will be distributed to potential jurors on May 3 and 4, 2004. Trial will begin 5/11/2004 09:00 AM before Judge John G. Koeltl. Because time is required for defense counsel to make a new round of pretrial motions and for the Court to decide them, and because time is required for defense counsel to review any new information as it relates to this complicated criminal case, the Court prospectively excludes time from 11/21/03 until 5/11/04. All conditions of bail are continued for defendants Stewart and Yousry. SO ORDERED. (Signed by Judge John G. Koeltl on 11/21/03)(ja, ) (Entered: 12/03/2003)
2712003-12-01 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Time excluded from 11/25/03 until 5/17/04. As to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, Jury Trial set for 5/17/2004 09:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 11/25/03)(ph, ) (Entered: 12/04/2003)
2722003-12-05 RemarkPETITION FOR JUDICIAL DETERMINATION OF THE LEGALITY OF ELECTRONIC SURVEILLANCE. by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 12/09/2003)
2732003-12-09 Notice of Attorney Appearance - USANOTICE OF ATTORNEY APPEARANCE AND REQUEST FOR ELECTRONIC NOTIFICATION by AUSA Robin L. Baker, appearing for USA. (bw, ) (Entered: 12/10/2003)
2742003-11-19 Indictment(S1) SUPERSEDING INDICTMENT FILED as to Ahmed Abdel Sattar (1) count(s) 1s, 2s, 3s, Lynne Stewart (3) count(s) 1s, 4s, 5s, 6s-7s, Mohammed Yousry (4) count(s) 1s, 4s, 5s. (ja, ) (Entered: 12/11/2003)
2752003-12-10 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Steven P. Ragland dated December 5, 2003 re: Requesting an opportunity to review this pleading and notify the Court of Ms. Stewart's objections, if any, by Friday, December 12, 2003. Judge's Memo-endorsed.. Application to respond by 12/12/03 is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/5/03)(jw, ) (Entered: 12/12/2003)
2782003-12-15 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 12/12/03, re: a request that the Court order that the original declaration of Michael T. Elliott be filed under seal. -- Both attached declarations will be filed under seal. SO ORDERED. (Signed by Judge John G. Koeltl on 12/12/03)(ja, ) (Entered: 12/17/2003)
2792003-12-22 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Barry M. Fallick dated 12/17/03 re: requesting that the Court order the government to disclose to Ahmed Abdel Sattar all of the prison audio recordings and video recordings in unredacted form, including unredacted transcripts. Judge memo-endorsed: All parties are requested to respond to this application by 12/30/03. So ordered. (Signed by Judge John G. Koeltl on 12/18/03)(ph, ) (Entered: 12/23/2003)
2852004-01-05 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 11/21/03 before Judge John G. Koeltl. (pr, ) (Entered: 01/05/2004)
2862004-01-06 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government can file under seal its January 5, 2004 letter to the Court. The Government should serve the redacted version of the letter on counsel for defendant Sattar and Yousry. SO ORDERED. (Signed by Judge John G. Koeltl on 1/5/04)(jw, ) (Entered: 01/07/2004)
2892004-01-14 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government should prepare a Proposed Order concerning the disclosure of certain materials to defendant Sattar in accordance with the most recent letter from defendant Stewart which appears to be consistent with the agreement of all the parties. No party has objected or responded. The Court notes that the effect of the Order would allow access for defendant Sattar to the specified materials subject to the protective order in this case. The proposed order would also prevent further use or disclosure of the materials without giving notice and an opportunity to be heard to Sheikh Rahman's counsel. The parties are reminded that if any of those materials are intended to be used at trial, adequate advance notice must be given so that the necessary procedures for determination of any claims of atty-client privilege or work-product protection can be made sufficiently in advance of any proposed use of the materials. The Court has today also issued an Order ex parte and under seal requesting the Government to submit further materials in connection with its application for a Judicial Determination with respect to certain electronic surveillance targeting Youssef Odeh. The Order also refers to another matter relating to classified materials. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/13/04)(jw, ) (Entered: 01/15/2004)
2942004-01-22 OrderORDER as to Lynne Stewart. The order dated January 20, 2004 relating to the Special Master is being filed under seal, and it was provided only to Mr. Morvillo for the Government, Ms. Tipograph for defendant Stewart, and the Special Master. SO ORDERED. (Signed by Judge John G. Koeltl on 1/21/04)(jw, ) (Entered: 01/22/2004)
2952004-01-22 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Government filed a petition requesting the Court to determine that certain court-ordered electronic surveillance targeting Youssef Odeh was lawfully authorized and conducted. The Court conducted an ex parte and in camera review of classified documents submitted to the Court. In response to this Court's sealed order dated January 13, 2004, the Government submitted certain additional classified material to the Court which the Court also reviewed ex parte and in camera. None of the defendants has filed any opposition to the Government's petition. After a careful review of all of the information provided to the Court, and aware of all of the statutory requirements for the surveillance at issue which have already been summarized in this Court's Opinion and Order dated September 15, 2003, the Court finds that the surveillance at issue was lawfully authorized and conducted. Therefore, the specified electronic surveillance targeting Youssef Odeh can be used in this case and shall not be suppressed. (Signed by Judge John G. Koeltl on 1/20/04)(jw, ) (Entered: 01/22/2004)
2962004-01-23 Motion to Dismiss2nd Omnibus MOTION to Dismiss the Indictment and for Other Relief. Document filed by Lynne Stewart. Attorney's Affirmation in support attached. Return Date set for 4/9/2004 09:00 AM before Judge John G. Koeltl. (ja, ) (Entered: 01/29/2004)
2972004-01-23 Memorandum in Support of MotionMEMORANDUM in Support by Lynne Stewart re 296 2nd Omnibus MOTION to Dismiss the Indictment and for Other Relief. (ja, ) (Entered: 01/29/2004)
3082004-02-10 OrderPROTECTIVE ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. IT IS HEREBY ORDERED that the Government Wall Team, in accordance with and subject to the Protective Order entered by the Court on 4/26/02 (which Order is expressly incorporated by reference herein), shall disclose forthwith the Redacted Content to deft Sattar, and his counsel; IT IS FURTHER ORDERED that the Government Wall Team shall not provide the Redacted Content to the Trial AUSAs; IT IS FURTHER ORDERED that, in addition to the restrictions imposed by the 4/26/02 Protective Order, no deft shall use, disclose, disseminate or otherwise reveal in any manner to any third party (including, but not limited to, the Trial AUSAs, any prospective or actual Govt or defense witness, the media, or any jury empaneled to hear the trial of this matter) any Redacted Content unless: 1. the deft is expressly authorized to make such disclosure or use by the Court, or; 2. the deft produces the specific portions of the Redacted Content for which disclosure or use is sought to counsel for Abdel Rahman, counsel for co-defts, the Trial AUSAs (or to the Govt Wall Team if disclosure to the Trial AUSAs would reveal defense strategy) and the Court no less than 14 days prior to the date upon which such disclosure or use is to occur (the "Noticed Disclosure Date"); IT IS FURTHER ORDERED that any objections to a requested disclosure that are based on the attorney-client privilege or the attorney work product doctrine shall be made, in writing, no less than 7 days prior to the Noticed Disclosure Date; IT IS FURTHER ORDERED that any other objections relating to any Redacted Content that any deft seeks to offer into evidence at any trial or hearing may be made at the time that such Redacted Content is offered into evidence; and IT IS FURTHER ORDERED that nothing in this Order shall be deemed to constitute a waiver of Abdel Rahman's attorney-client privilege or any applicable attorney work product protection. (Signed by Judge John G. Koeltl on 1/31/04). [ microfilm 2/10/04 12pm ] (bw, ) Modified on 2/13/2004 (bw, ). (Entered: 02/13/2004)
3132004-02-27 Memorandum in Opposition to MotionMEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 298 pretrial motions regarding the superseding indictment.(jw, ) (Entered: 03/01/2004)
3172004-03-18 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine, dated 3/13/04. In preparation for meeting this Court's deadline with respect to submitting proposed jury instructions in this matter, Ms. Shellow-Lavine writes to inquire whether the Court has standard jury instructions that it prefers to use with respect to such general matters as the functions of judge and jury, instructions not to consider deft's race or national origin, court rulings, and so forth. If so, she requests that counsel be furnished with a copy so that they do not cause everyone unnecessary effort in connection with this matter.; JUDGE ENDORSED - The Court appreciates the inquiry. The instructions with respect to generally applicable matters tend to be similar. The Government should provide all defense counsel with any of the Court's charges that the Government intends to rely on. The Government should also provide a copy of the charge in United States v. Szur as an example longer charge. The Court also relies on the proposed charges in Judge Sand's treatise. (Signed by Judge John G. Koeltl on 3/13/04)(bw, ). (Entered: 03/22/2004)
3182004-03-19 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW by Lynne Stewart in Support of her re: 296 Second Omnibus MOTION to Dismiss the Indictment and for other relief. (bw, ) (Entered: 03/23/2004)
3222004-03-26 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 3/25/04 re: submitted to request the Court's permission to use a high-speedy Internet connection during the trial in this matter. The Govt also requests the Court's permission to hook up and use a printer in the courtroom during the trial in this matter. JUDGE ENDORSED - 1. Counsel should also confer with the Marshals to assure that no security concerns are posed by any electronic equipment. 2. The Court is not opposed to equipment that does not raise security concerns. 3. Counsel should coordinate among themselves, and with Mr. Fletcher and Joel Blum. (Signed by Judge John G. Koeltl on 3/25/04)(bw, ) (Entered: 03/31/2004)
3232004-04-07 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will hear argument on the pending motions on April 9,2004 at 9:00 a.m. in Courtroom 12B, 500 Pearl Street, New York, NY. (Signed by Judge John G. Koeltl on 4/2/04)(ph, ) (Entered: 04/08/2004)
3242004-04-07 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The argument of the pending motions is rescheduled for 4/9/2004 at 9:00 a.m. in Courtroom 110, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge John G. Koeltl on 4/6/04)(ja, ) (Entered: 04/08/2004)
3272004-04-14 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Clerk is directed to hand over the sealed documents entered on the docket sheet in this case as Docket Nos. 277, 284, 287, 288, 290, 291, 292, 293. SO ORDERED. (Signed by Judge John G. Koeltl on 4/14/04)(jw, ) (Entered: 04/15/2004)
3302004-04-20 Memorandum & OpinionMEMORANDUM & OPINION # 89980 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 296 MOTION to Dismiss the (S1) Indictment filed by Lynne Stewart, 298 MOTION to Dismiss the (S1) Indictment filed by Ahmed Abdel Sattar. The Court has considered all of the arguments of the parties. To the extent they are not addressed in the Opinion and Order, they are either moot or without merit. All of the defendants' motions are denied as explained in the Opinion and Order. The motion challenging counts 1 and 4 as multiplicitous and the motion to strike surplusage in the (S1) Indictment are denied without prejudice to renewal at the close of the Government's case.(Signed by Judge John G. Koeltl on 4/19/04)(ph, ) (Entered: 04/21/2004)
3312004-04-20 Notice of Attorney Appearance - DefendantNOTICE OF ATTORNEY APPEARANCE: Lynne F. Stewart appearing for Lynne Stewart. (ph, ) (Entered: 04/21/2004)
3322004-04-19 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney David A. Ruhnke, dated 4/16/04 re: submitted to advise the Judge that the defense has no objection to the briefing schedule proposed with regard to the Govt's motion for an anonymous and escorted jury. JUDGE ENDORSED - The Court has not received the proposed schedule to which this letter responds. The parties should provide it. (Signed by Judge John G. Koeltl on 4/17/04)(bw, ) (Entered: 04/21/2004)
3382004-04-21 Motion for Protective OrderGovernment's MOTION for Protective Order Pursuant to Fed.R.Crim.P. 16(d). Document filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ph, ) (Entered: 04/22/2004)
3392004-04-21 Memorandum in Support of MotionMEMORANDUM in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 338 MOTION for Protective Order. (ph, ) (Entered: 04/22/2004)
3402004-04-21 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 4/15/04 re: requesting that the Court set a briefing schedule on the Government's Motion for an Anonymous Jury and Other Related Protective Measures. The government respectfully requests that the defendants be directed to serve responsive papers on the government no later than Wednesday, April 21, 2004, with any Government reply thereto to be served on the defense no later than Friday, April 23, 2004. Judge memo-endorsed: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 4/19/04)(ph, ). (Entered: 04/22/2004)
3412004-04-21 Reply Memorandum of Law in Opposition to MotionREPLY MEMORANDUM OF LAW in Opposition as to Lynne Stewart re: 338 MOTION for Protective Order. (ph, ) (Entered: 04/22/2004)
3422004-04-20 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine, dated 4/16/04 re: submitted in response to the 4/15/04 request by the govt to provide copies of certain minimized and redacted transcripts, notes and translations thereof that are within the scope of the Protective Order entered in this matter to Sheikh Omar Abdel Rahman's counsel, Ramsey Clark. JUDGE ENDORSED - There being no objections to the Government's proposal dated April 15, 2004 and the modifications proposed in this letter, the disclosures should be made to Mr. Clark in accordance with there procedures. Any objections to use of the communications at issue, whether raised by Abdel Rahman or anyone else, are to be made by May 4, 2004. (Signed by Judge John G. Koeltl)(bw, ) (Entered: 04/22/2004)
3442004-04-23 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated April 21, 2004 re: Request clarification of a portion of the Court's Memorandum Endorsement on the April 16, 2004 letter from Jill R. Shellow-Lavine, Esq. regarding disclosure to Ramsey Clark, Esq., as counsel for Sheikh Omar Abdel Rahman, of the Prison-Recording transcripts and Yousry Notebooks. Judge Memo-endorsed..The two clarification on confirmation sought by the Government are correct with the Court's intent and are finding. SO ORDERED. (Signed by Judge John G. Koeltl on 4/21/04)(jw, ) (Entered: 04/23/2004)
3452004-04-23 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Steven P. Ragland dated 4/21/04 re: requesting leave to withdraw from representation in this matter. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 4/21/04)(ph, ) (Entered: 04/23/2004)
3472004-04-23 Reply Memorandum of Law in Opposition to MotionREPLY MEMORANDUM OF LAW in Opposition by USA as to Lynne Stewart re: Defendant Lynne Stewart's letter application to serve as co-counsel. (ph, ) (Entered: 04/27/2004)
3482004-04-26 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 4/22/04 re: submitted to ask the Court to adjourn the date by which the parties must submit proposed voir dire questions, which is scheduled for 4/26/04, until a date to be determined after the parties have concluded their ongoing negotiations regarding the proposed jury questionnaire. JUDGE ENDORSED - Application granted. The parties should attempt to agree on the questionnaire, but the Court will be the final decision maker with respect to the questions. The parties are also reminded that questions should not be overly intrusive for jurors. (Signed by Judge John G. Koeltl on 4/22/04)(bw, ) (Entered: 04/27/2004)
3492004-04-26 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Government Responses due by 4/28/2004. Defendant Stewart is directed to respond by April 27, 2004 to the Government's submission opposing her application to serve as co-counsel. The Government may respond by April 28, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 4/23/04)(jw, ) (Entered: 04/27/2004)
3502004-04-26 Motion to QuashMOTION to Quash Subpoena or, in the alternative, to limit testimony to li. Document filed by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 04/27/2004)
3512004-04-26 Memorandum in Support of MotionMEMORANDUM in Support by Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re 350 MOTION to Quash subpoena or, in the alternative, to limit testimony. (jw, ) (Entered: 04/27/2004)
3522004-04-26 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt moves for a protective order pursuant to F.R.Cr.P. 16(d) in connection with expert disclosure. In essence, the Govt contends that defts Sattar and Yousry have requested expert discovery from the Govt pursuant to Rule 16(a)(1)(G), thereby triggering the reciprocal disclosure obligations for expert discovery pursuant to Rule 16(b)(1)(c)(i). After being invited by the Govt to make such a request, counsel for Stewart asked for a specification of the subject matters of the Govt's proposed expert testimony so that she could determine whether to make the request for expert discovery thereby triggering the obligation to make reciprocal discovery. The discovery to be provided by the Govt and the reciprocal discovery require a written summary of the testimony, which must include the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The Govt seeks a protective order to prevent Stewart, not having triggered reciprocal discovery, from obtaining the substance of the Govt's discovery to the other defts. Stewart says in response that she seeks only the specification of the subject matter of the expert discovery and agrees to provide disclosure of the subject matter of her proposed expert testimony fourteen days after receiving the Govt's disclosure. In the meantime she does not object to a protective order that precludes the other defts from producing the "written summary" of the Govt's proposed expert discovery but objects to a protective order that goes further.... Therefore, for good cause shown, the request for a protective order is granted as follows: (1) Govt disclosures pursuant to Rule 16(a)(1)(G) shall not be disclosed to any deft not requesting such disclosures and undertaking the reciprocal discovery obligations in Rule 16(b)(1)(C)(i); (2) the Govt will promptly advise Stewart of the general subject matter of the areas in which the Govt currently intends to seek to offer expert testimony, and Stewart will respond within fourteen (14) days thereafter by advising the Govt of the areas in which Stewart currently intends to seek to offer expert testimony. (Signed by Judge John G. Koeltl on 4/24/04)(bw, ) (Entered: 04/28/2004)
3532004-04-27 DeclarationDECLARATION of Michael E. Tigar filed by Lynne Stewart in reply to Government's opposition to defendant Lynne Stewart's Notice of Appearance to serve as co-counsel. (bw, ) (Entered: 04/28/2004)
3542004-04-27 ResponseRESPONSE by USA TO DECLARATION OF MICHAEL E. TIGAR IN REPLY TO GOVERNMENT'S OPPOSITION TO DEFENDANT LYNNE STEWART'S APPLICATION TO SERVE AS CO-COUNSEL. (Entered: 04/28/2004)
3552004-04-28 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 338 MOTION for Protective Order. (ph, ) (Entered: 04/28/2004)
3562004-04-28 Affirmation in Support of MotionAFFIRMATION of Christopher J. Morvillo in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 338 MOTION for Protective Order. (ph, ) (Entered: 04/28/2004)
3572004-04-28 Notice (Other)NOTICE of PRO HAC VICE APPEARANCE of Daniel W. Habib as to Lynne Stewart. This appearance is effective May 1, 2004 and is limited to participation as non-lead counsel under the direction of lead counsel Michael E. Tigar. (ph, ) (Entered: 04/28/2004)
3582004-04-27 Notice (Other)NOTICE of PRO HAC VICE APPEARANCE of Gerald J. Niewoehner, Jr. as to Lynne Stewart. This appearance is effective May 1, 2004, and is limited to participation as non-lead counsel under the direction of lead counsel Michael E. Tigar. (ph, ) (Entered: 04/28/2004)
3592004-04-28 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The papers in connection with the motion for an anonymous jury should now be filed with the exception of the Sealed Morvillo Declaration which the Court will file under Seal. No party has identified any portion of the papers that should not be filed, except for the Sealed Morvillo Declaration. The Sealed Morvillo Declaration, which has already been served on counsel for Sattar, should now be served on the remaining defendants by the Government, but will remain sealed. SO ORDERED. (Signed by Judge John G. Koeltl on 4/28/04)(jw, ) (Entered: 04/29/2004)
3602004-04-28 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the parties' proposed Questionnaire which will require substantial revisions. In view of the logistics of preparing and finalizing the Questionnaire, the parties are requested to provide the Court by 7:00 p.m., today, until April 28, 2004 the items listed in the Order. (Signed by Judge John G. Koeltl on 4/28/04)(ph, ) (Entered: 04/29/2004)
3612004-04-29 Proposed Voir Dire QuestionsProposed Jury Questionnaire by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 04/30/2004)
3622004-04-30 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 4/9/2004 before Judge John G. Koeltl. (jp, ) (Entered: 04/30/2004)
3642004-04-29 Declaration in Support of MotionDECLARATION of Esmat Salaheddin in Support as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 350 MOTION to Quash the trial subpoena served on him last November. (ph, ) (Entered: 04/30/2004)
3662004-04-30 Notice of Attorney Appearance - DefendantNOTICE OF ATTORNEY APPEARANCE: Daniel Habib appearing for Lynne Stewart. (jw, ) (Entered: 05/03/2004)
3672004-04-30 OrderORDER as to Lynne Stewart, Mohammed Yousry. The Government moves for an anonymous jury. Defendant Yousry opposes the Government's motion, and defendants Stewart and Sattar join in his opposition papers. For the reasons explained below, the motion for an anonymous jury is granted. The motions by defendants Stewart and Yousry fora severance are denied. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/04)(jw, ) (Entered: 05/03/2004)
3682004-04-30 OrderORDER as to Lynne Stewart. Defendant Stewart has made an application to appear as co-counsel in her defense, and she has filed a notice of appearance. The Government opposes Stewart's application and requests that the Court preclude Stewart from engaging in "hybrid repressentation." Stewart's application to appear as co-counsel is denied. Stewart's notice of appearance as co-counsel is stricken. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/04)(jw, ) (Entered: 05/03/2004)
3702004-04-30 Notice of Attorney Appearance - DefendantNOTICE OF PRO HAC VICE APPEARANCE: Gerald J. Niewoehner appearing for Lynne Stewart. This appearance is effective 5/1/04, and is limited to participation as non-lead counsel under the direction of lead counsel Michael E. Tigar. Judge Notice endorsed: Application granted. SO ORDERED. (ja, ) (Entered: 05/04/2004)
3712004-04-30 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will appoint additional counsel for Sheikh Abdel Rahman because irrespective of the issues to be raised by May 4, 2004, there may be additional issues relevant to any asserted privileges for Sheikh Abdel Rahman. The Court has not changed the briefing schedule from the May 4 date previously set and assumes Sheikh Abdel Rahman continues to assert a privilege. The Court is prepared, however, to consider any issues brought to the COurt's attention by counsel for Sheikh Abdel Rahman promptly and notes that the parties in the case are continuing to litigate the issues pursuant to the original time schedule. (Signed by Judge John G. Koeltl on 4/30/04)(ph, ) (Entered: 05/04/2004)
3722004-05-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court is transmitting to the parties an entire copy of the Introductory Remarks as well as those pages of the Juror Questionnaire that reflect changes to the prior draft. The Court will provide a copy of the Juror Questionnaire to the Government on Saturday so that it can prepare 600 copies (not 500 as previously understood) for the prospective jurors, and provide them to the Jury Clerk on Monday and also provide copies to the Court and defense counsel. The Court is also providing copies of the Court's proposed orders, which the Court intends to enter on Monday, May 3, 2004. Any comments on the proposed orders should be submitted by Monday at 11:00am. The Court will then provide the Government with a copy of the order to be distributed to prospective jurors, so that the Government can have at least 600 copies made and provide them to the Court. The Court will see that the order is distributed to prospective jurors in court. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/04)(jw, ) (Entered: 05/04/2004)
3732004-05-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The government is directed to submit as promptly as possible a revised copy -- on paper and on a diskette -- of the list of names, locations and organization that might be mentioned during trial. (Signed by Judge John G. Koeltl on 4/30/04)(ph, ) (Entered: 05/04/2004)
3742004-05-03 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney David A. Ruhnke, dated 5/1/04 re: submitted to inform the Judge that there appears to be a syntax error in the new question 59 of the revised questionnaire. JUDGE ENDORSED - The Court appreciates the letter. Counsel is correct. The error was corrected and the corrected page was faxed out but counsel may not have received. Another copy is attached. Again, the Court appreciates the letter. (Signed by Judge John G. Koeltl on 5/1/04)(bw, ) (Entered: 05/04/2004)
3752004-05-04 RemarkJURY QUESTIONNAIRE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 05/05/2004)
3762004-05-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The redacted copy of Mr. Tigar's April 27, 2004 letter and the redacted copy of the government's April 29, 2004 letter should be filed by the Government. The unredacted copy of the government's April 29, 2004 letter will be filed under seal. (Signed by Judge John G. Koeltl on 5/1/04)(ph, ) (Entered: 05/05/2004)
3772004-05-05 RemarkGovernment's First Omnibus Motion In Limine by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/05/2004)
3782004-05-03 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Anthony S. Barkow dated April 30, 2004 re: The Government respectfully submits this letter to convey to the Court a joint proposal by all parties regarding the schedule set today relating to jury questionnaires. Judge Memo-endorsed..Application granted. The Court notes that it had not intended to impose any additional burdens on the parties and that this follow-up additional questions were more in the nature of the questions on the questionnaire that the parties pursued with the prospective jurors. But the timing proposals in their letter are reasonable and the Court adopts Orders. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/04)(jw, ) (Entered: 05/06/2004)
3802004-05-03 LetterLetter by Lynne Stewart addressed to Judge Koeltl from Michael E. TIgar dated April 27, 2004 re: We respectfully suggest that the following topics be addressed at the April 30, 2004 pretrial conference. Finally, we ask that the Court consider the government's reply on the anonymous jury motion in further support of Ms. Stewart's motion. (jw, ) (Entered: 05/06/2004)
3812004-05-03 LetterLetter by USA as to Lynne Stewart addressed to Judge Koeltl from Robin L. Baker dated April 29, 2004 re: The Government respectfully submits this letter regarding the letter from Michael E. Tigar, Esq., to the Court, dated April 27, 2004, on behalf of defendant Lynne Stewart. The Government respectfully requests that, if this letter is to be filed, the Court direct that the original be filed under seal and that the enclosed redacted copy be publicly filed. We are serving the defendants with the complete, unredacted version. (jw, ) (Entered: 05/06/2004)
3832004-05-06 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received Mr. Clark's May 3, 2004 letter concerning procedures for an atty conference call today with Sheikh Abdel Rahman. 1. If the call is unable to proceed, then, as Mr. Clark suggests, the Court will assume that Sheikh Abdel Rahman continues to assert a privilege as to materials at issue. 2. While it may not be possible for the Court to resolve issues with respect to procedures in the time remaining before the otherwise scheduled call, it is not clear why an order requiring that the recording of the conversation be maintained under seal until further order of the Court (subject to any regular monitoring procedures for such a call) would not resolve the parties interests and concerns. The Government should respond promptly to this proposal. 3. The Court appreciates Mr. Clark's efforts to obtain an additional counsel for Sheikh Abdel Rahman. The Court notes that Mr. Clark should not limit his consideration to attys currently on the CJA Panel because the Court would authorize reimbursement for an atty not on the CJA Panel. 4. Following the practice of the parties on this exchange of correspondence, the Court is not copying other counsel in the case, but the Government should adivse promptly why this correspondence should not be copied to the other counsel in the case. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/04)(jw, ) (Entered: 05/07/2004)
3842004-05-06 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. All persons called as prospective jurors in this case are directed to follow the following instructions: 1. Do not talk to any other prospective jurors about this case. 2. Do not talk to anyone about the case, including reporters, friends, or members of your family. Do not permit anyone to talk to you about the case. 3. Do not talk to any of the parties or lawyers in this case. 4. Do not read any newspaper, magazine, or internet reports about the case or watch or listen to any radio or television reports about the case. If you should unavoidably see or hear an item, disregard it and put it out of your mind. These directions apply to all prospective jurors during the course of jury selection and will continue to apply to those persons selected as jurors until they have been discharged as jurors in this case. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) Modified on 5/7/2004 (bw, ). (Entered: 05/07/2004)
3852004-05-06 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court transmits to the parties the attached correspondence and the Court's prior 5/3/04 Order. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) (Entered: 05/07/2004)
3862004-05-06 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Bureau of Prisons is requested to make whatever accomodations are necessary, consistent with security, to provide Ahmed Abdel Sattar with visitation privileges on Friday or Saturday beginning the week of 5/17/04, which is the first full week of jury selection in this case. The change in the day of visitation privileges is necessary because the Court expects to be in session through Thursday. The Bureau of Prisons is also requested to assure that Mr. Sattar receives regular shower privileges during the course of the trial despite the trial schedule. The Govt is requested to transmit this Order to the appropriate officials at the Bureau of Prisons. (Signed by Judge John G. Koeltl on 5/3/04)(bw, ) (Entered: 05/07/2004)
3872004-05-06 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 5/3/04 re: requesting a one-week extension of the May 4, 2004 deadline for submitting objections to the attorney-client communications between Sheikh Omar Abdel Rahman and his counsel provided to Ramsey Clark in accordance with this Court's April 16, 2004 Memorandum and Order. Judge memo-endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/04)(ph, ) (Entered: 05/07/2004)
3882004-05-06 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Ramsey Clark dated 5/4/04 re: asking the Court to advise on whether Mr. Schmidt is acceptable to work as co-counsel on behalf of Sheik Omar Abdel Rahman. Judge memo-endorsed: Mr. Schmidt should make his own determination of his ability to accept the representation. The Court has no objections and would authorize the CJA reimbursement. So ordered. (Signed by Judge John G. Koeltl on 5/4/04)(ph, ) (Entered: 05/07/2004)
3892004-05-10 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 4/30/04 before Judge John G. Koeltl. (dg, ) (Entered: 05/10/2004)
3902004-05-07 Memorandum of LawMEMORANDUM OF LAW by Lynne Stewart concerning Esmat Salaheddin's Motion. (ja, ) (Entered: 05/10/2004)
3922004-05-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The defendants should respond to the Court's May 5, 2004 memo endorsement of the Government's letter with respect to the prospective juror by May 10, 2004 so that the Court can instruct the Jury Clerk to instruct the parties whether the questionnaire should be pulled. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04)(jw, ) (Entered: 05/10/2004)
3932004-05-10 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/6/04, re: a request...the Court is "prepared to extend the date for the submissions to charge, to give the parties time to devote time to these motions." We have conferred w/Ms. Shellow-Lavine who, on behalf of dft Lynne Stewart, joins the Gov't in requesting that the Court extend that date until Friday, May 14, 2004. In keeping w/the prior schedule's allotment of one week for objections, such would be due under the new schedule on 5/21/04. The Gov't has been unable to contact counsel for dfts Sattar or Yousry. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04,)(ja, ) (Entered: 05/10/2004)
3942004-05-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the Government's "Omnibus" motion in limine. The defendants should respond to the motion by May 10, 2004; The Government may reply by May 13, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(jw, ) (Entered: 05/11/2004)
3952004-05-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Each parties' time to respond to the motions in limine by the other parties is extended to May 12, 2004. The time to reply is extended to May 15, 2004. The court will hear argument on the motions in limine on Friday, May 21, 2004 at 2:30 p.m. (Signed by Judge John G. Koeltl on 5/6/04)(ph, ) (Entered: 05/11/2004)
3962004-05-10 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/7/04, re: a request that the Court set a conference so that parties - including Abdel Rahman - can set a realistic schedule for the pretrial resolution of all privilege issues. This, of course, would include litigation over whether a ruling favorable to Abdel Rahman would preclude the Government from introducing the evidence at a trial against third parites. -- Judge memo endorsed: The Court will hold the conference on this issue on May 11, 2004 at 9:30 a.m. before beginning the issues concerning the Questionnaire. Mr. Schmidt and/or Mr. Clark is requested to attend. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/04)(ja, ) (Entered: 05/11/2004)
3972004-05-10 OrderORDER as to Lynne Stewart. The Court has received dft Stewart's motion in limine submitted today. The Government should respond to the motion by May 10, 2004; Stewart may reply by May 13, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 5/5/04)(ja, ) (Entered: 05/11/2004)
3992004-05-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed Mr. Ruhnke's letter dated 5/5/04. The letter suggests that Mr. Schmidt review "all materials to which a claim of privilege may attach, not just a sub-set of materials that the Govt may seek to utilize." This request underlines the Court's previous request to the parties to develop a schedule for a resolution of possible privilege and completeness issues. The subset of materials that the Govt intends to use at least provides a limited and manageable set of materials as to which a privilege may be asserted and responses asserted. It is unclear to the Court how Mr. Schmidt could review "the universe of materials" without any guidance as to what the parties intend to offer, whether on grounds of completeness or otherwise. It is also unclear why all questions as to the "universe of materials" must be resolved prior to trial, particularly when it is unclear whether "the universe of materials" will even be offered. No one, for example, has explained whether the Govt seeks to offer all or part of the Yousry Notebooks, and what parts, if any, the defts seek to introduce for completeness or otherwise. The same could be said of all or part of the other materials listed. Moreover, it is difficult to see how the parties expect the Court to resolve issues with respect to applications that have not even been filed twelve days before the individual voir dire examinations are to begin. The Court is prepared to provide further direction to Mr. Schmidt, although the parties are welcome to pursue issues directly with Mr. Schmidt as Sheikh Abdel Rahman's co-counsel. However, the Court reiterates its request that the parties provide the Court with a proposed plan and timetable to resolve the issues that plainly call for some thought including the designations of the materials that the Govt seeks to offer that are possibly covered by a privilege, any counter designations for completeness by the defts, and the resolution of any privilege issues with respect to both. The Court is aware that there are certain schedules. But the Court did ask for a master schedule and none has been forthcoming thus far. (Signed by Judge John G. Koeltl on 5/5/04)(bw, ) (Entered: 05/11/2004)
4012004-05-11 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The U.S. Marshals who may have access to the juror questionnaires are directed to preserve that information in a secure place and not to disclose it outside the U.S. Marshal's Service or the Jury Clerk without prior order of the Court. (Signed by Judge John G. Koeltl on 5/3/04); The Clerk's Office Has Sent Copy to U.S. Marshal's Service by inter-office mail. (bw, ) (Entered: 05/12/2004)
4022004-05-12 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Any motion by Sheikh Abdel Rahman to intervene in this case to assert any privilege with respect to any materials currently sought to be introduced at trial, together with any particularized claims of privilege, should be submitted by 5/25/04. Any responses should be submitted by 6/2/04. Any replies should be submitted by 6/7/04. (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/13/2004)
4032004-05-12 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Individual voir dire will commence in this case beginning on 5/19/04 at 9:30 a.m. Argument on the pending motions in limine will be heard on 5/21/04 at 2:00 p.m. The date for trial is adjourned to 6/21/04. Because the adjournment is required to allow time for possible assertion and resolution of any privilege issues presented in the case as well as the pending motions in limine, the Court excludes the time from today until 6/21/04 from Speedy Trial Act calculations. This Order is entered pursuant to 18 U.S.C. Section 3161(h)(8)(A). (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/13/2004)
4042004-05-12 ResponseGovernment's Opposition by USA as to Lynne Stewart's Motion in Limine. (bw, ) (Entered: 05/13/2004)
4052004-05-12 Memorandum of LawMEMORANDUM OF LAW in Opposition by Lynne Stewart to Government's First Omnibus Motion in Limine. (bw, ) (Entered: 05/13/2004)
4062004-05-12 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 5/11/04 re: submitted to follow up on today's court proceedings relating to jury selection. JUDGE ENDORSED - This list is correct and reflects the Court's determinations today as to those jurors the Court is inclined to excuse at the defendants' request. (Signed by Judge John G. Koeltl on 5/11/04)(bw, ) (Entered: 05/14/2004)
4072004-05-13 Reply Memorandum of Law in Support of MotionREPLY BRIEF in Support by Non-Party Esmat Salaheddin as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, re: 350 MOTION to Quash. (ja, ) (Entered: 05/14/2004)
4112004-05-17 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court having received no objections by the defendants to the Government's propsed protective order in the Government's letter dated May 12, 2004 relating to the disclosure of atty work product materials to Mr. Schmidt, The Government's motion for a protective order on the terms set forth in the May 12 letter is granted. The defendants may also provide work product materials to Mr. Schmidt on the same terms. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(jw, ) (Entered: 05/17/2004)
4122004-05-17 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated May 13, 2004 re: Requesting that we have until Wednesday, May 19, 2004 to respond to this proposal. Judge Memo-endorsed..Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(jw, ) (Entered: 05/18/2004)
4132004-05-14 Jury InstructionsRequested Jury Instructions as to Lynne Stewart. Defendant Lynne Stewart, by her counsel, proposed now the following jury instructions. (jw, ) (Entered: 05/18/2004)
4142004-05-17 Request to ChargeRequest To Charge by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/18/2004)
4152004-05-17 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the correspondence dated May 12 concerning jury selection. The Court will shortly provide the parties with a list of the jurors to be called in. The parties are reminded to provide the Court with a list of any questions to be followed up with the first 70 potential jurors by Monday, May 17, 2004. (Signed by Judge John G. Koeltl on 5/12/04)(ph, ) (Entered: 05/18/2004)
4162004-05-17 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 5/12/04 re: writing in connection with the attorney-client privilege review being conducted by Sam Schmidt, Esq., as co-counsel for Sheikh Abdel Rahman. Judge memo-endorsed: This proposal appears reasonable. Defense counsel should respond by 5/13/04 at 11:00 a.m. (Including the offer of a mutual protective order for defense counsel. ) So ordered. (Signed by Judge John G. Koeltl on 5/12/04)(ph, ) (Entered: 05/18/2004)
4172004-05-17 RemarkLynne Stewart's Requested Supplemental Voir Dire as to Lynne Stewart. Defendant Lynne Stewart respectfully requests that the Court ask the following question of all prospective jurors during voir dire. (jw, ) (Entered: 05/18/2004)
4192004-05-17 Motion to QuashMOTION to Quash subpoena served on Mr. Fried by the prosecution, or in the alternative limiting his trial testimony.Document filed by Non-Party Joseph Fried.(jw, ) (Entered: 05/18/2004)
4202004-05-17 Memorandum in Support of MotionMEMORANDUM in Support by Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 419 MOTION to Quash.. (jw, ) (Entered: 05/18/2004)
4212004-05-17 Affidavit in SupportAFFIDAVIT of David A. Schulz in Support of Jospeh Fried's re: 419 MOTION to Quash (jw, ) (Entered: 05/18/2004)
4222004-05-17 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 5/14/04, re: a scheduling matter regarding the Govt's ltr. dtd 5/12/04, which described the Govt's proposed method of reading transcripts to the jury at trial... The Gov't respectfully asks to be permitted to submit one reply to all three dfts' responses, and to submit that reply on 5/21/04. -- Judge memo endorsed: Application granted. Although perhaps this could be resolved at the end of the day on 5/19/04. SO ORDERED. (Signed by Judge John G. Koeltl on 5/14/04,)(ja, ) (Entered: 05/18/2004)
4232004-05-17 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has attached the current list of juror numbers for individual voir dire. The parties should check their notes and inform the Court if there are any discrepancies no later than 8:00 p.m. today... SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/04)(ja, ) (Entered: 05/18/2004)
4252004-05-18 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court intends to call Juror 305 in on Friday morning out of turn. The Juror has written to Mr. Grate about a potential job offer and so the possibility of the juror being available should be settled sooner rather than later. SO ORDERED. (Signed by Judge John G. Koeltl on 5/17/04)(ja, ) (Entered: 05/19/2004)
4262004-05-17 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 5/14/04 re: submitted to request a one-day extension of time to file its proposed requests to charge, which are due 5/14/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 5/14/04)(bw, ) (Entered: 05/19/2004)
4272004-05-18 ResponseRESPONSE by Lynne Stewart re: 350 MOTION to Quash, 419 MOTION to Quash. (ja, ) (Entered: 05/19/2004)
4342004-05-21 Motion to QuashMOTION filed by Non-Party George Packer as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry to quash subpoena or, in the alternative, to limit testimony. Return Date to be set by the Court. (bw, ) (Entered: 05/25/2004)
4352004-05-21 Memorandum in Support of MotionMEMORANDUM in Support filed by Non-Party George Packer as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 434 MOTION to Quash subpoena or, in the alternative, to limit testimony. (bw, ) (Entered: 05/25/2004)
4362004-05-21 Affidavit in Support of MotionAFFIDAVIT of Attorney David A. Schulz in Support of re: 434 MOTION to Quash filed by non-party George Packer, as to defendants Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 05/25/2004)
4382004-05-24 Proposed Voir Dire QuestionsProposed Individual Voir Dire Questions for Forty Additional Potential Jurors by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 05/25/2004)
4392004-05-19 Motion in LimineGovernment's Second Omnibus Motion in Limine. Certificate of Service attached.Document filed by USA as to Lynne Stewart. (jw, ) (Entered: 05/25/2004)
4402004-05-27 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/11/04 before Judge John G. Koeltl. (dfe, ) (Entered: 05/27/2004)
4412004-05-26 Voir Dire QuestionsGovernment's Proposed Individual Voir Dire Questions for potential jurors number 241-283, filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 05/28/2004)
4432004-05-27 Memorandum in Opposition to MotionMEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 434 MOTION to quash subpoena or, in the alternative, to limit testimony. (ph, ) (Entered: 06/01/2004)
4442004-05-27 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 5/21/04 re: submitted to propose a schedule for the briefing regarding the motions to quash subpoenas issued to Joseph Fried and George Packer. The Govt and David Schulz, counsel for Mr. Fried and Mr. Packer, jointly proposed that the Govt file oppositions to both motions to quash by 5/28/04, and that Mr. Fried and Mr. Packer file replies by 6/7/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 5/21/04)(bw, ) (Entered: 06/01/2004)
4472004-05-28 Response to MotionLYNNE STEWART'S RESPONSE TO GEORGE PACKER'S MOTION: re 434 MOTION to Quash. (ja, ) (Entered: 06/02/2004)
4482004-06-01 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The prospective jurors appearing for individual voir dire on Tuesday, June 1, 2004 are numbers 148, 183, 221, 223, 248, 282, 283, 287, 290, 291, 292, 294, 296, 304, 311, 314, 318, 319, 320 and 321. SO ORDERED. (Signed by Judge John G. Koeltl on 5/27/04)(jw, ) (Entered: 06/02/2004)
4492004-06-02 Proposed Voir Dire QuestionsProposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 437-479), filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (bw, ) (Entered: 06/02/2004)
4502004-06-01 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Barry M. Fallick dated 5/19/04 re: the government has ordered from the court stenographers realtime and daily copy. On behalf of all defendants, we would request the same arrangements. Judge memo-endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/19/04)(ph, ) (Entered: 06/02/2004)
4512004-06-01 Proposed Voir Dire QuestionsProposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 335-385) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
4522004-06-01 Proposed Voir Dire QuestionsProposed Individual Voir Dire Questions For Twenty Additional Potential Jurors (Numbers 287-334) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
4532004-06-01 Proposed Voir Dire QuestionsProposed Individual Voir Dire Questions For Thirty Additional Potential Jurors (Numbers 386-436) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 06/03/2004)
4542004-06-01 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 5/28/04, re: a request for an extension of the parties's time to file their objections to the other parties' proposed requests to charge, currently due this Tuesday, June 1, 2004 -- respectfully asks that the parties be permitted to file their objections one week after the last day of voir dire. -- Judge memo endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 5/28/04)(ja, ) (Entered: 06/03/2004)
4572004-06-01 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Anthony S. Barkow/Robin L. Baker, dated 5/26/04 re: submitted this letter brief to address the Court's concerns, expressed on 5/21/04, regarding the admissibility of evidence of Abdel Rahman's conviction -- both the fact of the conviction and the nature of the underlying charges. JUDGE ENDORSED - This letter is to be filed in the Court file. So Ordered. (Signed by Judge John G. Koeltl on 5/27/04)(bw, ) (Entered: 06/07/2004)
4582004-06-03 OrderPROTECTIVE ORDER REGARDING ACCESS TO INMATE OMAR ABDEL RAHMAN as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. It is hereby ORDERED that the Government shall permit no more than two defense counsel for each defendant to interview Abdel Rahman at a time convenient to both the Bureau of Prisons, the Government, and such defense counsel; It is further ORDERED that nothing in this Protective Order shall be deemed to require Abdel Rahman to submit to or otherwise consent to any such interview; It is further ORDERED that any such access does not extend to any of the defendants in this matter; It is further ORDERED that nothing in this Order shall preclude counsel for the defense from entering into an agreement with the Government, or seeking an order from this Court, excluding certain specified communications with Abdel Rahman from the scope of this Order provided any such request for a Court order, unless otherwise expressly authorized by this Court, shall be made under seal and on notice to the Government trial team or, if necessary to protect defense strategy, to the Government wall team. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/04)(jw, ) (Entered: 06/07/2004)
4592004-06-04 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Counsel for Sheikh Abdel Rahman has moved to assert the Sheikh's atty-client privilege over portions of the Prison Recordings, the Yousry Notebooks, and other statements in this case. The motion refers to specific recordings and statements, but it does not provide copies of the transcripts of these recordings and statements. The parties should promptly provide the Court with the relevant transcripts, or they should indicate where the relevant transcripts can be found in any prior submissions to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/3/04)(jw, ) (Entered: 06/07/2004)
4602004-06-07 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt should promptly provide printouts of the redacted Prison Recordings that were submitted to the Court today on CD. (Signed by Judge John G. Koeltl on 6/4/04)(bw, ) (Entered: 06/08/2004)
4622004-06-07 Reply Memorandum of Law in Support of MotionJOINT REPLY MEMORANDUM OF LAW in Support as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry, re: 434 MOTION to Quash, and 419 MOTION to Quash by Non-Parties Joseph Fried and George Packer. (ja, ) (Entered: 06/09/2004)
4682004-06-09 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Sam A. Schmidt, Atty, dated 6/7/04, re: a request to allow us to file the reply to the govt's papers on Wednesday, June 9, 2004. As your Honor is aware, we did not receive the govt's papers until after the COB on 6/3/04. APPLICATION GRANTED. SO ORDERED. Reply due by 6/9/2004. (Signed by Judge John G. Koeltl on 6/7/04)(ja, ) (Entered: 06/14/2004)
4692004-06-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will hear argument on the motions to quash subpoenas directed to Messrs. Salaheddin, Packer and Fried on 6/18/2004 10:00 a.m. in Courtroom 110, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge John G. Koeltl on 6/8/04)(ja, ) (Entered: 06/14/2004)
4702004-06-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Juror 402 has reported to Mr. Grate that she will only be paid for ten days and has asked to be excused. The Court is prepared to find that this is hardship and to excuse the juror. The parties should inform the Court by 3:00 p.m. today if there is any objection. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/04)(ja, ) (Entered: 06/14/2004)
4712004-06-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. It is hereby ordered that the jurors empaneled and sworn in this action, plus one(1) Deputy States Marshal, be provided daily throughout the trial with the appropriate meals as follows: 9:00 a.m. Coffee, 12:45 p.m Lunch, and 3:15 p.m. Coffee. Trial in this matter is scheduled for Monday, June 21, 2004. The jurors are expected to be selected, sworn and empaneled at that time. Trial schedule will be Mondays through Thursdays, 9:30 a.m. to 4:30 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 5/31/04)(ja, ) (Entered: 06/14/2004)
4722004-06-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The parties are directed to advise the Court by 5:00 p.m. on 6/10/04 where they are attempting to arrive at a resolution of the issue of judicial notice and appropriate instructions w/respect to the conviction of Sheikh Abdel Rahman. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/04)(ja, ) (Entered: 06/14/2004)
4732004-06-14 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Govt's First Omnibus Motion in Limine seeks rulings from the Court in advance of opening statements that the following evidence is admissible: 1) evidence relating to and describing the 11/17/97 attack at the Hatshepsut Temple in Luzor, Egypt; 2) evidence demonstrating that Refa'i Ahmed Taha was a signatory, along w/Usama Bin Laden, to a fatwah issued in 2/98 that called on Muslims "to kill Americans and plunder their wealth wherever and whenever they find it"; 3) evidence demonstrating that Taha participated in a meeting, which was broadcast on the Al-Jazeera television... The Govt's application to introduce evidence that was originally admitted at trial of Sheikh Abdel Rahman is discussed in connection w/Stewart's motion in limine. The remaining applications in the Govt's First Omibus Motion is Limine are either premature or moot. Conclusion: The Govt's First Omnibus Motion in Limine is decided as explained above. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(ja, ) (Entered: 06/15/2004)
4742004-06-14 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Michael E. Tigar dated June 9, 2004 re: This letter concerns the following government proposals: (1)to insert its characterizations as bracketed material into government exhibit transcripts, (2) to italicize certain portions of the transcripts and (3) to put other information into the transcripts that does not appear in the original recordings. We believe that the Court's attention to these matters at this time will materially aid the parties and facilitate the orderly presentation of evidence. Judge Memo-endorsed.. The Government's June 8, 2004 letter seeks to have a dialogue on this issues. The parties should attempt to resold them promptly before bringing them to the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(jw, ) (Entered: 06/15/2004)
4752004-06-14 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the Government letter dated June 10, 2004. In that letter, the Government explains that while the Government has only sought to offer redacted portions of the Yousry Notebooks, "counsel for Yousry has stated their intention to offer into evidence all of the Yousry Notebooks." The Government then respectfully asks the Court to rule on all of the Yousry Notebooks." The request is inexplicable and is denied. Further, if a privilege were asserted, Yousry would be able to rely on his assertions of the importance of such Notebooks to his right to a fair trial. In any event, the application would be made by a person with the interest in making it and presumably on more of a record than a two page letter that simply asks the Court to go ahead and rule on numerous pages of documents without briefing or explanation or even a reasoned explanation of what the alleged privilege or privileges are that are being asserted with respect to the redacted portions of the Yousry Notebooks. All parties should carefully stop and consider before making casual applications to the Court that have no merit. SO ORDERED. (Signed by Judge John G. Koeltl on 6/11/04)(jw, ) (Entered: 06/15/2004)
4762004-05-10 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Christopher J. Morvillo, AUSA, dated 5/10/04, re: seek Crt's guidance on which, if any, of the jury questionnaires the Court expects the parties to bring to Court for the conference, i.e. those as to which the parties agree, those as to which there is disagreement, or both... -- Judge memo endorsed: The parties should have a full set of the questionnaires because questions may arise. So Ordered. (Signed by Judge John G. Koeltl on 6/10/04)(ja, ) (Entered: 06/16/2004)
4772004-06-16 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated June 12, 2004 re: Request leave to respond in writing to the government's reconsideration request by 12:00 noon on Monday, June 14, 2004. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/13/04)(jw, ) (Entered: 06/17/2004)
4782004-06-14 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. For the reasons stated on the record on 5/21/04, the Govt's Second Omnibus Motion in Limine is denied without prejudice as premature. (Signed by Judge John G. Koeltl on 6/11/04)(bw, ) (Entered: 06/17/2004)
4792004-06-14 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1. Juror 236 has informed Mr. Grate that the juror will not be paid beyond three weeks and that service would therefore be a financial hardship. The Court will strike the juror for cause unless the Court hears an objection from one of the parties by noon tomorrow, June 9. 2. Mr. Grate has contacted Juror 402, and the juror will report back on her situation tomorrow. 3. By memo endorsements the Court has rejected the Govt's challenge for cause to Juror 319 and has directed Mr. Grate not to pursue further Juror 180 who remains in the prospective Jury Pool. 4. The only question with respect to any of the jurors who participated in the individual voir dire is Juror 402, as explained above. (Signed by Judge John G. Koeltl on 6/8/04)(bw, ) (Entered: 06/17/2004)
4802004-06-14 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker, dated 6/10/04 re: submitted to ask that the parties be permitted to file their objections on 6/17/04 to the other parties' proposed requests to charge. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 6/10/04)(bw, ) (Entered: 06/17/2004)
4812004-06-14 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Sam A. Schmidt, dated 5/10/04 re: submitted to inform the Judge that while he continues to prepare for a submission on behalf of Sheikh Rahman relating to his exercise of his attorney/client privilege, he agrees with the govt that it would be useful for all of the parties to appear at one time to address the issues relating to this matter. JUDGE ENDORSED - The Conference is scheduled for 5/11/04 at 9:30 a.m.(Signed by Judge John G. Koeltl on 5/10/04)(bw, ) (Entered: 06/17/2004)
4842004-06-14 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated June 4, 2004 re: The Government respectfully submits this letter regarding Potential Juror Number 180 and whether the Court should ask Mr. Grate to seek from that Juror any additional informtion about whether service on the jury in this case would pose a severe economic hardship for her. Judge Memo-endorsed...Because the juror's primary job will pay for jury service and in view of this responses or the individual voir dire and because their are no objections filed, Juror 180 remains a prospective juror and Mr. Grate advises has been asked to call back on June 18. SO ORDERED.. (Signed by Judge John G. Koeltl on 6/8/04)(jw, ) (Entered: 06/18/2004)
4852004-06-16 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received an application from Posr A. Posr, pro se, seeking to videotape the trial and other proceedings in this case. Whether to grant such a request is left to the Court's discretion pursuant to Local Rule 1.8, which provides that no one other than court officials engaged in the conduct of court business shall bring any camera, transmitter, receiver, portable telephone or recording device into any courthouse or its environs without permission of a judge of that court." The Court declines to exercise its discretion to permit Mr. Posr to videotape this criminal case, and the application is therefore denied. SO ORDERED. (Signed by Judge John G. Koeltl on 6/14/04)(jw, ) (Entered: 06/18/2004)
4862004-06-18 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 6/17/04, re: a request that the parties be permitted to file their objections on Monday, June 21, 2004... -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/04)(ja, ) (Entered: 06/21/2004)
4872004-06-18 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re: 350 MOTION to Quash. addressed to Judge Koeltl, from Laura Handman, on behalf of journalist Patricia Hurtado and Newsday (collectively, "movants"), dated 6/14/04, re: motion to quash the third-party trial subpoena served on Ms. Hurtado. -- Judge memo endorsed: Set/Reset Motion: Responses due by 6/21/2004 Replies due by 6/24/2004. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/04,)(ja, ) (Entered: 06/22/2004)
4882004-06-21 Motion to DismissMOTION to Dismiss the Indicment Based on Unconstitutionally Selective Prosecution As Shown on 6/18/04. Document filed by Lynne Stewart. (ja, ) (Entered: 06/23/2004)
4892004-06-21 Motion to DismissRENEWED MOTION to Dismiss Counts Four and Five Based on Violation of the First Amendment (Vagueness and Overbreadth). Document filed by Lynne Stewart. (ja, ) (Entered: 06/23/2004)
4922004-06-14 OrderORDER as to Lynne Stewart. Deft Stewart moves in limine to preclude the Govt from admitting at trial any evidence previously admitted at the trial of Sheikh Abdel Rahman. None of the grounds asserted by Stewart for excluding this evidence has any merit....[see document]... Conclusion: Stewart's motion in limine is decided as explained above. (Signed by Judge John G. Koeltl on 6/11/04)(bw, ) (Entered: 06/24/2004)
4932004-06-23 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Marshals shall not talk to the jurors about the substance or details of the case, including scheduling. SO ORDERED. (Signed by Judge John G. Koeltl on 6/21/04)(jw, ) (Entered: 06/24/2004)
4942004-06-23 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 6/18/04 re: submitted regarding the pending motion to quash the subpoena served on Ms. Patricia Hurtado. The Govt, with agreement of Stephanie A. Arbutyn, counsel for Ms. Hurtado, request that the Court adjourn the briefing schedule regarding the Hurtado subpoena. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 6/18/04)(bw, ) (Entered: 06/25/2004)
4952004-06-23 OrderORDER as to Lynne Stewart, Mohammed Yousry. Dft Stewart moves for a severance pursuant to Federal Rules of Criminal Porcedure 8(b) and 14, but "principally" under Rule 14... Dft Yousry joins Stewart's motion... While Yousry has joined Stewart's motion, he has made no independent arguments. For the reasons herein, Yousry's motion is also denied. CONCLUSION: The motions by Stewart and Yousry for a severance are denied. SO ORDERED. (Signed by Judge John G. Koeltl on 6/19/04)(ja, ) (Entered: 06/25/2004)
4962004-06-24 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Jill R. Shellow-Lavine, Atty for dft L. Stewart, signed by Judge Koeltl, dated 6/18/04, re: Pursuant to Sec 702 of the Federal Crts Admin Act of 1992, Public Law 102-572,106 Stat. 4506, you are hereby authorized to obtain Gov't Travel rates for the aBove travel under the CJA... (Signed by Judge John G. Koeltl on 6/18/04)(ja, ) (Entered: 06/25/2004)
4972004-06-28 Memorandum in Opposition to MotionMEMORANDUM in Opposition by USA as to Lynne Stewart's re: 488 MOTION to Dismiss the Indictment based on unconstitutionally selective prosecution as shown on June 18, 2004, and re: 489 Renewed MOTION to Dismiss Counts Four and Five based on violation of the First Amendment (vagueness and overbreadth). (bw, ) (Entered: 06/28/2004)
4982004-06-28 Memorandum of LawMEMORANDUM OF LAW by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry in support of its motion in limine relating to certain recorded telephone calls that the Govt plans to introduce into evidence at trial. (bw, ) (Entered: 06/28/2004)
5002004-06-25 ResponseOBJECTIONS TO THE GOVERNMENT'S PRE-PROOF REQUESTS TO CHARGE by Lynne Stewart. (ja, ) (Entered: 06/29/2004)
5012004-06-25 Memorandum of Law in OppositionMEMORANDUM OF LAW in Opposition to Defendant Lynne Stewart's Requested Jury Instructions by USA as to Lynne Stewart. (ja, ) (Entered: 06/29/2004)
5022004-06-29 Response in Opposition to MotionRESPONSE in Opposition by Lynne Stewart re 439 MOTION in Limine. (ps, ) (Entered: 06/30/2004)
5032004-06-29 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Judge Michael E. Tigar dated 6/25/04 re: eyewitness in the case. Judge memo-endorsed: Application denied. The government has provided the name of the witness together with detailed interview minutes of the witness and has offered to contact the witness to see is this witness wishes to meet with the defense. This is sufficient. There is no showing that the provision of the home address and telephone number is material to the preparation of the defense and reasonable under the circumstances. See United States v. Bejasa, 904V.2 137, 139-40 (2d Cir. 1990); United States v. Canone, 528F.2d 2 96, 301-02 (2d Cir. 1975). So ordered. . (Signed by Judge John G. Koeltl on 6/26/04)(ph, ) (Entered: 07/01/2004)
5042004-06-29 Reply Memorandum of Law in Support of MotionREPLY filed by Lynne Stewart to Government's opposition to Stewart's Motion to Dismiss the Indictment based on unconstitutionally selective prosecution as shown on June 18, 2004, and Renewed Motion to Dismiss Counts Four and Five based on violation of the First Amendment (Vagueness and Overbreadth). (bw, ) (Entered: 07/01/2004)
5082004-07-02 OrderORDER as to Lynne Stewart: Dft Stewart moves to dismiss the Superseding Indictment on the grounds of selective prosecution. She also seeks discovery and an evidentiary hrg on the motion. She also renews her motion to dismiss Cts 4 and 5 of the Superseding Indictment on the grounds that they are unconstitutionally vague and overbroad... The motions are without merit. Substantially for the reasons that the Crt already rejected the claim of vindictive prosecution is without merit and warrants neither discovery nor an evidentialy hrg... The Crt has not yet ruled on whether the specific items of evidence sought by the Gov't are in fact subject to being obtained by subpoena... Similary, for the reasons already explained, Cts 4 and 5 of the Superseding Indictment are not unconstitutionally vague or overbroad... SO ORDERED. (Signed by Judge John G. Koeltl on 7/1/04)(ja, ) (Entered: 07/12/2004)
5092004-07-12 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. A 15% gratuity is hereby authorized for all jury meals in this matter. SO ORDERED. (Signed by Judge John G. Koeltl on 7/8/04)(jw, ) (Entered: 07/13/2004)
5122004-07-13 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from AUSA Robin L. Baker, dated 7/10/04 re: submitted to respond to yesterday's letter to the Court, submitted on behalf of deft Stewart, by Michael E. Tigar, Esq., headed "Pending Issues in Wiretap Admissibility Hearing". JUDGE ENDORSED - This letter should be filed in the docket. (Signed by Judge John G. Koeltl on 7/12/04)(bw, ) (Entered: 07/14/2004)
5132004-07-13 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Michael E. Tigar, dated 7/9/04 re: Pending Issues In Wiretap Admissibility Hearing. JUDGE ENDORSED - The Government should respond to this letter and advise the Court as to the status by 7/10/04 at 1:00 p.m. (Signed by Judge John G. Koeltl on 7/9/04)(bw, ) (Entered: 07/14/2004)
5182004-07-23 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Former Judge Kenneth Conboy advised the Crt that he would be attending Crt on Monday w/two French lawyers from his firm, if the Crt had no objections. The Crt advised Judge Conboy that, while the Crt had no objections, the parties would be advised to determine if there were any objections. If there are any objections, any of the parties should advise the Crt. SO ORDERED. (Signed by Judge John G. Koeltl on 7/22/04)(ja, ) (Entered: 07/26/2004)
5202004-07-27 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Christopher J. Morvillo dated 7/23/04 re: requesting that the Court expressly authorize the dissemination of all "Redacted Content" contained in the "Prison Recordings" to the Government Trial Team for use in connection with this prosecution. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 7/23/04)(ph, ) (Entered: 07/27/2004)
5232004-07-28 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 7/27/04 re: submitted regarding Mr. Fallick's letter dated 7/27/04 on the subject of Govt Exhibits 2048 and 2080. The Govt requests that the Court permit the Govt to reply to Mr. Fallick's letter by the end of this week. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 7/27/04)(bw, ) (Entered: 07/30/2004)
5292004-08-02 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for the dft, dated 7/30/04, re: a copy of the July 27, 2004 ltr from AUSA Robin L. Baker, in which she stated that she expected "to begin responding specifically" to our request for documents and info w/regard to the Lockheed-Martin system "by Thursday, July 29, 2004, and to respond on a rolling basis." As of this hour we have not rec'd a single piece of info... -- Judge memo endorsed: The gov't should respond to this ltr by 8/2/04 at noon. SO ORDERED. (Signed by Judge John G. Koeltl on 7/30/04)(ja, ) (Entered: 08/03/2004)
5322004-08-05 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. With the same comments that the Court made with respect to the last adjournment and in view of the representations in the Govt's 8/3/04 letter, the Court will grant the Govt's request, with the consent of all the defts, for a one-week adjournment of the resumption of the trial. The Court will ask the Jury Administration to inform the jury that the trial will resume on Monday, August 16, and to remind the jurors again on Friday, August 13 of the resumption of the trial on the following Monday. The Court will hold a status conference on Friday, 8/13/04 at 10:00 a.m. in Courtroom 110, 40 Foley Square, to assure that there are no issues that should be disposed of before the case resumes before the jury at 9:30 a.m. on 8/16/04. (Signed by Judge John G. Koeltl on 8/4/04)(bw, ) (Entered: 08/06/2004)
5332004-08-05 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine, dated 8/4/04 re: submitted to request that she has until 8/11/04, to file defense response to govt's letter dated 8/3/04 in support of its motion to quash Rule 17(c) subpoenas served by defense on three Bureau of Prison facilities. JUDGE ENDORSED - Application granted. Government may reply by 8/13/04. (Signed by Judge John G. Koeltl on 8/4/04)(bw, ) (Entered: 08/10/2004)
5342004-08-05 OrderPROTECTIVE ORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. WHEREAS deft Lynne Stewart has requested that the Govt disclose "the algorithms or programs to decompress or reinflate the [audio] files" recorded by the Lockheed Martin system (Ltr. to Govt from Jill R. Shellow-Lavine, Esq., dated 7/19/04); WHEREAS the Govt agreed to disclose the decompression algorithm to Stewart upon entry of a protective order containing the provisions set forth below (Ltr. from AUSA Robin L. Baker to Michael E. Tigar, Esq., dated 8/3/04, Paragraph 12); and WHEREAS Stewart "agree[s] to the govt's request for a Protective Order as set forth in Ms. Baker's letter at Paragraph 12" (Ltr. to Court from Jill R. Shellow-Lavine, Esq., dated 8/3/04. Upon the application of the U.S. Attorney for the S.D.N.Y., by and through A.U.S.A. Robin L. Baker, and upon the consent of counsel for Stewart, IT IS HEREBY ORDERED that Stewart, her counsel, and any other individuals listed below shall not use the decompression algorithm for any purpose other than preparing her defense in this case; IT IS FURTHER ORDERED that the decompression algorithm shall not be further disseminated by Stewart or her counsel to any individuals, organizations, or other entities, other than: (1) members of her defense team (co-counsel, paralegals, investigators, and secretarial staff); and (2) experts retained to assist in the preparation of the defense; IT IS FURTHER ORDERED that each individual to whom disclosure is made pursuant to the above provision shall be provided a copy of the protective order and shall be advised that he or she shall not further disseminate the decompression algorithm; IT IS FURTHER ORDERED that Stewart's attorneys of record may show (but not provide copies of) the decompression algorithm to witnesses or potential witnesses, if an attorney of record determines that it is necessary to do so for the purpose of preparing the defense of the case; and IT IS FURTHER ORDERED that the decompression algorithm shall not be introduced into evidence at trial without ten days' advance notice to the Govt. (Signed by Judge John G. Koeltl on 8/3/04)(bw, ) (Entered: 08/10/2004)
5352004-08-05 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from AUSA Robin L. Baker, dated 8/3/04 re: submitted to request an adjournment until 8/3/04 at 12 p.m. to respond to defense letter dated 7/30/04. JUDGE ENDORSED - Application Granted. (Signed by Judge John G. Koeltl on 8/3/04)(bw, ) (Entered: 08/10/2004)
5372004-08-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The dfts should provide any response to the Government's 8/2/04 letter concerning the admissibility of Government Exhibit 513 by 8/11/04. SO ORDERED. (Signed by Judge John G. Koeltl on 8/9/04)(ja, ) (Entered: 08/11/2004)
5382004-08-11 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from David A. Schulz dated August 9, 2004 re: Request that Mr. Salaheddin be given until Thursday, August 12, 2004, to file a reply if we indeed decide to do so. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/10/04)(jw, ) (Entered: 08/11/2004)
5392004-08-11 OrderORDER as to Lynne Stewart. The Govt's request to respond to Ms. Stewart's letter dated 8/5/04 by 8/12/04 is granted. (Signed by Judge John G. Koeltl on 8/6/04)(bw, ) (Entered: 08/12/2004)
5402004-08-11 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for the dft, dated 8/6/04, re: we have rec'd AUSA Anthony S. Barkow's ltr to the Crt dtd 8/5/04, regarding the subpoena issued to Esmat Salahedin. We respectfully request that we be given until Wednesday, August 11, 2004, to file a reply if we indeed decide to do so. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/6/04)(ja, ) (Entered: 08/12/2004)
5422004-08-16 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Michael E. Tigar, Atty, dated 8/5/04, re: this ltr is an initial response to Robin L. Baker's ltr to Michael E. Tigar dtd 8/3/04 the purpose of which was to "address dft Lynne Stewart's various requests for documents and information" related to the Lockheed Martin and Raytheon systems... -- Judge memo endorsed: This letter should be filed. SO ORDERED. (ja, ). (Signed by Judge John G. Koeltl on 8/13/04,)(ja, ) (Entered: 08/16/2004)
5432004-08-16 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Government may file its letter dated August 12, 2004. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/04)(jw, ) (Entered: 08/16/2004)
5442004-08-16 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court is filing under seal eight boxes of jury questionnaires, three boxes of material concerning the privilege review, and two boxes of material concerning the special master. SO ORDERED. (Signed by Judge John G. Koeltl on 8/12/04)(jw, ) (Entered: 08/16/2004)
5452004-08-16 OrderORDER as to Lynne Stewart. The Government shall respond to Ms. Stewart's motion submitted today by 8/23/2004. Ms. Stewart may file any reply by 8/26/2004. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/04)(ja, ) (Entered: 08/17/2004)
5472004-08-16 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Robin L. Baker/Anthony S. Barkow/Michael Farbiarz, dated 8/4/04 re: submitted regarding the portion of the Court's 6/11/04 Order ("Order") that concerns the Govt's "second witness" to the Luxor incident. JUDGE ENDORSED - This letter shall be docketed. (Signed by Judge John G. Koeltl on 8/13/04)(bw, ) (Entered: 08/18/2004)
5482004-08-17 LetterLetter by USA as to Lynne Stewart addressed to Judge Koeltl from Robin L. Baker dated 8/12/04 re: The Government writes respectfully in response to defendant Lynne Stewart's August 5, 2004 letter to the Court (the "Stewart Letter") (jw, ) (Entered: 08/18/2004)
5512004-08-18 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from David A. Ruhnke, Atty for the dft, dated 8/14/04, re: a request seeking permission to bring a tape-recorder/player into the Crthse for use by the defense in reviewing tapes of intercepted conversations... Obviously, the recording feature of the device would not be utilized in the crtrm. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/15/04)(ja, ) (Entered: 08/23/2004)
5522004-08-13 Motion to DismissMOTION to Dismiss the Indictment based on Selective Prosecution.Document filed by Lynne Stewart. (jw, ) (Entered: 08/23/2004)
5532004-08-20 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court will deliver to the Court Security Officer for filing the following material in connection with the Court's review for Jencks Act purposes: 1. The Government's Letter dated August 17, 2004 with its attached documents which are all classified. 2. The unredacted and classified version of the May 4, 2004 Memo by Agent Kerns with its attachment, together with the other materials referred to in the Government's August 18, 2004 letter. SO ORDERED. (Signed by Judge John G. Koeltl on 8/19/04)(jw, ) (Entered: 08/23/2004)
5542004-08-20 OrderORDER as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Nonparty Esmat Salaheddin moves to quash a trial subpoena served on him by the Govt or, in the alternative, for an order limiting the testimony, specifically on cross examination, that he may be required to give in this case. Salaheddin is a professional journalist based in Cairo, Egypt, where he has been employed by Reuters for the past eighteen years. Salaheddin moves to quash the nonparty subpoena on the basis of the reporter's qualified privilege for nonconfidential information. The Govt opposes Salaheddin's motion to quash, although the Govt joins Salaheddin's request to limit the scope of cross examination by the defts. Deft Stewart initially opposed the motion to quash but joined the motion at the argument of the motion.... CONCLUSION: For the reasons explained above, Salaheddin's motion to quash the trial subpoena served on him by the Govt is denied. (Signed by Judge John G. Koeltl on 8/19/04)(bw, ) (Entered: 08/24/2004)
5552004-08-24 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Robin L. Baker dated 8/24/04 re: Respectfully asks the Court to order that the Protective Order entered on August 3, 2004 (which currently applies only to the decompression algorithm disclosed to defendant Lynne Stewart in response to her request. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/24/04)(jw, ) (Entered: 08/26/2004)
5612004-08-24 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow, dated 8/20/04 re: submitted to request a one-day extension within which the Govt may file a submission regarding deft Stewart's various pending document requests. JUDGE ENDORSED - Application granted. Government submission on 8/21/04. Defense submission extended to 8/23/04. (Signed by Judge John G. Koeltl on 8/20/04)(bw, ) (Entered: 08/31/2004)
5662004-08-26 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from David Stern, Atty, dated 8/24/04, re: we seek approval from the Crt to add Jose A. Fanjul to the list of individuals permitted to bring a cell phone and other communication devices w/him into the crthse in connection w/this case. Mr. Fanjul is serving, pursuant to Your Honor's prior approval, as a paralegal for Mr. Yousry. -- Judge memo endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/25/04)(ja, ) (Entered: 09/02/2004)
5672004-08-26 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Michael E. Tigar, Atty, dated 8/25/04, re: Ms. Baker's ltr of 8/24/04, and the ongoing production discussed in that and earlier ltrs, we respectfully propose that we be permitted to file a single response, addressing all the pending issues related to the "various requests for disclosure," and that we file that response 48 hours after the gov't states that it has completed its production to us and to the Crt... -- Judge memo endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/25/04,)(ja, ) (Entered: 09/02/2004)
5682004-08-26 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support as to Lynne Stewart re: 552 MOTION to Dismiss. (ja, ) (Entered: 09/02/2004)
5832004-09-07 Order on Motion to DismissORDER denying 552 Motion to Dismiss as to Lynne Stewart (3). Defendant Stewart has filed a renewed motion to dismiss the Superseding Indictment on the grounds of selective prosecution... The defendant's motion is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 9/1/04) (ja, ) (Entered: 09/08/2004)
5842004-09-10 OrderORDER as to Lynne Stewart. The Government moves to quash three Rule 17(c) subpoenas served by dft Lynne Stewart on three Federal Bureau of Prisons ("BOP")in Springfield, Missouri; Rochester, Minnesota; and Florence, Colorado... The three subpoenas at issue seek broad and open-ended categories of material. Stewart maintains that these materials are potentially relevant and admissible, but there is no reasonable way to determine that the materials are in fact relevant and admissible because Stewart cannot state with sufficent particularity the specific documents she seeks. In this respect, the subpoenas represent the kind of fishing expedition that the Supreme Court has cautioned courts to guard against when deciding motions to quash Rule 17(c) subpoenas. See Bowman Dairy, 341 U.S. at 220 (concluding that Rule 17(c) is not an additional means for discovery... CONCLUSION: For the reasons explained above, the Govt's motion to quash is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/8/04)(ja, ) (Entered: 09/13/2004)
5852004-09-13 Motion to Sever DefendantRENEWED MOTION filed by Lynne Stewart for severance. (bw, ) (Entered: 09/14/2004)
5952004-09-21 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support by Lynne Stewart of her re: 585 RENEWED MOTION for severance. (bw, ) (Entered: 09/22/2004)
5962004-09-21 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl, from David A. Ruhnke, dated 9/16/04, re: on behal of Mr. Stern and myself, request that proceedings in this case be suspended on November 4, in order to allow for travel to Salt Lake City to attend an annual trng and strategy session, presented by the Defender Svcs Div... The conference commences on Friday a.m., November 5, in Salt Lake City... -- Judge memo endorsed: The Crt will attempt to accommodate counsel. Perhaps it would be possible, depending on the status of the case to set a half day on November 4. SO ORDERED. (Signed by Judge John G. Koeltl on 9/16/04)(ja, ) (Entered: 09/23/2004)
6022004-09-28 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 9/24/04, re: further response to dft Lynne Stewart's various requests for documents and information, specifically the documents that remained outstanding as of my ltr. dtd 9/20/04... The Gov't therefore, respectfully asks to have until 9/27/04, to provide its response regarding these last two documents. -- Judge memo endorsed: The Gov't may submit its final response on 9/27/04. So Ordered. (Signed by Judge John G. Koeltl on 9/27/04)(ja, ) (Entered: 10/04/2004)
6032004-09-28 Order on Motion to Sever DefendantORDER denying 585 Motion to Sever Defendant as to Lynne Stewart (3). (Signed by Judge John G. Koeltl on 9/24/04) (ja, ) (Entered: 10/04/2004)
6072004-09-30 Motion for Miscellaneous ReliefMOTION For Mistrial and for alternative. MOTION for further relief on the grounds of prosecutorial misconduct. Declaration attached.Document filed by Lynne Stewart. (jw, ) (Entered: 10/08/2004)
6082004-09-29 Motion for Miscellaneous ReliefMOTION To Seal.Document filed by Lynne Stewart. (jw, ) (Entered: 10/08/2004)
6152004-09-20 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow dated 9/9/04 re: respectfully requesting that the Court permit Ms. Elizabeth Griffin, one of the two primary paralegals on the Government trial team, to read Ms. Stewart's attributions when the Government presents evidence of the July 2001 prison visit. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 9/10/04)(ph, ) (Entered: 10/15/2004)
6292004-10-20 Motion to CompelMOTION filed by Lynne Stewart to Compel the Government to produce BOP records related to Sheikh Omar Abdel Rahman. (bw, ) (Entered: 10/26/2004)
6302004-10-25 OrderORDER as to Lynne Stewart. Defendant Stewart moves for an order compelling the US Atty for the Southern District of NY and the Bureau of Prisons to produce records from the Federal Medical Center in Rochester, Minnesota. The motion to compel is denied. (Signed by Judge John G. Koeltl on 10/21/04)(jw, ) (Entered: 10/26/2004)
6312004-10-26 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The parties should promplty fax or deliver a copy of GX2009A to chambers this evening.SO ORDEREDKoeltl, USDJ. (Signed by Judge John G. Koeltl on 10/25/04)(pr, ) (Entered: 10/27/2004)
6372004-10-26 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Based on the most recent submissions of the parties, if Ms. Stewart's opening is read to the jury, then the following portions of the Govt's opening should in fairness be read by someone at about the same time as Ms. Stewart's opening: p.1581, 1. 13-19; p. 1582, 1. 6 - 1584, 1. 5; p. 1587, 1. 4 - 1588, 1. 6; p. 1591, 1. 7 - 1594, 1. 4; p. 1595, 1. 5 - 1595, 1. 24 (to and including assassination plan); p. 1596, 1. 1 - 1598, 1. 15 (to "Jihad Army"); p. 1601, 1. 6 - 1603, 1. 15; p. 1603, 1. 24 - 1610, 1. 21; p. 1612, 1. 5 - 1613, 1. 1. (Signed by Judge John G. Koeltl on 10/25/04)(bw, ) (Entered: 11/01/2004)
6412004-11-01 Motion for Miscellaneous ReliefMOTION for jury instruction. Document filed by USA as to Lynne Stewart. (ja, ) (Entered: 11/04/2004)
6532004-11-22 Motion for Miscellaneous ReliefMOTION for use of special verdict form, supplemental requests to charge, supplemental opposition to defendant Stewart's requests to charge. Document filed by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (kw, ) (Entered: 11/30/2004)
6622004-11-22 Jury InstructionsSupplemental Requested Jury Instructions as to Lynne Stewart. (ph, ) (Entered: 11/30/2004)
6632004-11-22 RemarkProposed Verdict Form by USA as to Ahmed Abdel Sattar, Lynne Stewart. (kw, ) (Entered: 12/01/2004)
6642004-11-24 Notice (Other)OBJECTION to the Governments supplemental requests to charge as to Lynne Stewart (jp, ) (Entered: 12/01/2004)
6652004-11-24 RemarkObjectionns to defendant Mohammed Yousry's requests to charge and defendant Lynne Stewart's supplemental requested jury instructions. By USA as to Lynne Stewart, Mohammed Yousry. (kw, ) (Entered: 12/02/2004)
6682004-12-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 12/1/04 re: Accordingly, by this letter, Lynee Stewart writes to join in the Memorandum on Behalf of Mohammed Yousry Opposing the Government's Motions for a Special Verdict Form and for Corresponding Instructions on "Sentencing Elements" that was filed this afternoon. Judge Memo-endorsed... This letter can be filed. SO ORDERED. (Signed by Judge John G. Koeltl on 12/2/04)(jw, ) (Entered: 12/08/2004)
6692004-12-03 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Robin L. Baker dated 12/2/04 re: The Government respectfully requests a one-day extension, from today until tomorrow, of it time to reply to the defendant's submissions, made yesterday, opposing the Government's motion for a special verdict form. Judge Memo-endorsed...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/2/04)(jw, ) (Entered: 12/08/2004)
6702004-12-06 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 653 MOTION. (kw, ) (Entered: 12/08/2004)
6722004-12-01 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Ramsey Clark, Atty, dated 11/24/04, re: I was served w/a subpoena to appear again on 11/22 by 2 FBI agents.. Please advise whether I am free to travel to Tanzania from December 10 to December 22, or whether I must plan to return for December 16, 20 or 21. -- Judge memo endorsed: Because of the problem with the Court's fax machine, the Court received this letter today, 11/30/04. The Gov't should respond by 12/1/04 whether it is necessary to keep the subpoena outstanding and whether 12/16 is an available date. So Ordered. (Signed by Judge John G. Koeltl on 11/30/04)(ja, ) (Entered: 12/09/2004)
6772004-12-08 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 12/7/04 re: submitted to attach a newspaper article retrieved from the Internet from the online edition of the Khaleej Times, and to renew their request that the govt be ordered to provide the defts with information concerning the whereabouts of any of Sheik Omar Abdel Rahman's sons, in light of new developments including litigation in the Supreme Court and lower courts concerning access to and information concerning prisoners held in Guantanamo and elsewhere. JUDGE ENDORSED - The Government should respond to this letter promptly. (Signed by Judge John G. Koeltl on 12/7/04)(bw, ) (Entered: 12/14/2004)
6782004-12-14 Motion for ReconsiderationMOTION for Reconsideration of the Court's Order of 12/10/04 and motion for the court to order the government to make inquiry into whether Mustafa Hamza and Rafai Taha are alive and in Egyptian custody.Document filed by Lynne Stewart. (ph, ) (Entered: 12/15/2004)
6842004-12-14 OrderORDER as to Lynne Stewart. For the reasons previously explained, defendant Stewart's request relating to those individuals is denied. For the reasons stated above, Defendant Stewart's applications are denied. SO ORDERED. (Signed by Judge John G. Koeltl on 12/10/04)(jw, ) (Entered: 12/20/2004)
6852004-12-23 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. For the reasons set forth in this Order, the Court declines to submit questions to the jury with respect to sentencing enhancements. (Signed by Judge John G. Koeltl on 12/20/04)(bw, ) (Entered: 12/27/2004)
6872004-12-29 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has prepared a draft of the Charge, dated 12/28/04, together with a draft of the Verdict Form, dated 12/28/04. Copies are available for the parties to pick up in Chambers after 2 p.m., and the Court will provide copies in Court on 12/29/04 for any parties who wish. In preparing this draft, the Court included all of the changes that the Court indicated at the Charge Conference that the Court would make, together with the revised instruction proposed by defts Yousry and Stewart on the defense theory with respect to Counts Four and Five. The parties are welcome to review the draft with care to check the changes. In addition, the Court made the following changes: [See document]... If any of the parties wishes to be heard on any of these issues, they should advise the Court promptly so that the Court can schedule a conference late this afternoon. In any event, the parties should be in Court by 9:00 a.m. on 12/29/04. (Signed by Judge John G. Koeltl on 12/28/04)(bw, ) (Entered: 12/29/2004)
7022005-01-28 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The van driver who drove the jury van yesterday, January 25, 2005, that was at issue today, January 26, 2005, is not to drive any further vans in this case. (Signed by Judge John G. Koeltl on 1/26/05)(bw, ) (Entered: 01/31/2005)
7052005-02-01 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Attached isthe court's proposed response tonotes from the jurors dtd. 1/27/05. (Signed by Judge John G. Koeltl on 1/28/05)(pr, ) (Entered: 02/03/2005)
7062005-01-28 Endorsed LetterENDORSED LETTER as to Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Michael E. Tigar dated 1/26/05 re: submitted regarding defts Yousry and Stewart proposed responses. JUDGE ENDORSED - This letter can be docketed. (Signed by Judge John G. Koeltl on 1/27/05)(bw, ) (Entered: 02/03/2005)
7072005-01-28 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorney Michael E. Tigar dated 1/27/05 re: submitted to move for reconsideration of the Court's refusal to permit defense to call the van driver as a witness, and for production of documents and other materials as discussed in this letter. JUDGE ENDORSED - This letter can be docketed. (Signed by Judge John G. Koeltl on 1/27/05)(bw, ) (Entered: 02/03/2005)
7082005-01-28 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Robin L. Baker dated 1/26/05 re: submitted regarding the jury's note today, marked as Court Exhibit 76. JUDGE ENDORSED - This letter can be docketed. (Signed by Judge John G. Koeltl on 1/27/05)(bw, ) (Entered: 02/03/2005)
7092005-01-31 OrderNOTICE as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The members of the media have the opportunity to sit in the first row of the Courtroom. None of the members of the media, however, should lean over the rail into the well of the Courtroom. (Signed by Judge John G. Koeltl on 1/31/05)(bw, ) (Entered: 02/03/2005)
7192005-02-14 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. As stated on the record on February 10, 2005, the time for the defendants to make any post-verdict motions, including motions pursuant to Fed.R.Crim.P. 29, 33, and 34 as well as to present any papers in support of the pending Rule 29, motions, is extended unitl March 3, 2005. The Government's response is due by March 24, 2005. The defendant's replies are due by April 4, 2005. Sentencing is scheduled for July 15, 2005 at 9:30am. (Signed by Judge John G. Koeltl on 2/11/05)(jw, ) (Entered: 02/16/2005)
7232005-02-10 RemarkVerdict Form as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. [Note: returned document back to Chambers on 2/18/05] (bw, ) (Entered: 02/18/2005)
7252005-02-18 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 2/15/05 re: Modification of the post trial motion schedule. 4/4/05 Defense post conviction motions due. 5/13/05 Govt response due. 6/3/05 Defense reply due.Application granted. Counsel should assume thst the court has juridiction & grants the extension to the extent the court has the power & extend the time, the court extends the time as requested.SO ORDERED. (Signed by Judge John G. Koeltl on 2/15/05)(pr, ) (Entered: 03/03/2005)
7262005-02-22 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl, from Jill Shellow-Lavine, Atty, dated 2/17/05 re: copy of this Court's Memo Endorsed Order granting the parties' originally requested extensions of time with respect to post-trial motions that raised a question with respect to jurisdiction... I write to address this concern... -- Judge memo endorsed: The Court routinely points out to parties the need for the parties to assure themselves the timeliness of post-verdict motions. The Court did not intend to suggest that the Court did not have power to extend the deadlines. The Court simply attempted to make sure the parties assured themselves of the timeliness of the motions. The Court also notes that it extended time on the date of the verdict to the extent the Court had power to do so. So Ordered. (Signed by Judge John G. Koeltl on 2/18/05)(ja, ) (Entered: 03/08/2005)
7292005-03-14 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge John G. Koeltl from Jill R. Shellow-Lavine dated 3/11/05 re: requesting permission to travel to Venice, Florida. Application Granted. (Signed by Judge John G. Koeltl on 3/14/05)(kw, ) (Entered: 03/17/2005)
7302005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 01/10,11,12,13,14,18,19/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7312005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 01/27,31,02/1,2,3,7,2005 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7322005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 05/19,20,21,24/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7332005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 05/25,26,27,06/1/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7342005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 06/22,23,24,25,28,29,30,2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7352005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 07/6,7,8,12,13,2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7362005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 07/14,15,19,20,21,22,26/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7372005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 10/12,25,26,27,28/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7382005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 11/15,16,17,18,19,22,23,24/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7392005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 11/23,24,29,30,12/1,2,6,7,8,9/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7402005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 12/13,14,15,26/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7412005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 12/30/2004 01/3,4,5,6/2005 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7422005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 06/2,3,18,21/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7432005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 08/13,16,17,18,19,20,23,24,25,26,30,31/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7442005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 09/2,3,7,8,9,10,13,14/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7452005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 09/20,21,22,23,26,28,29,30/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7462005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 10/1,4,5,6,7,12,13/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7472005-03-18 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 11/3,4,5,9,10/2004 before Judge John G. Koeltl. (es, ) (Entered: 03/18/2005)
7502005-04-08 OrderORDER as to Lynne Stewart; regarding procedures to be followed that shall govern the handling of the modification of the bail of deft Lynne Stewart. (Signed by Judge John G. Koeltl on 4/7/2005)(jp, ) (Entered: 04/14/2005)
7522005-04-28 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has received correspondence relating to sentencing and a recent email complaining about Deft Stewart's speaking at a meeting in California. The Court is retaining such correspondence but would nto rely on any of it without bringing it to the attention of the parties. The parties are urged to have any correspondence with respect to sentencing that the parties wish to have considered forwarded to the Court at the appropriate time through counsel with copies to the other parties. (Signed by Judge John G. Koeltl on 4/25/05)(bw, ) (Entered: 04/29/2005)
7542005-05-09 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter from Mr. Drate. 1. In response to the request, the Court is enclosing a copy of the e-mail requested. The Court does not wish to receive e-mails and will file this e-mail under seal. The Court noted the e-mail in the prior order because it was the only e-mail the Court recalls receiving. The Court has, as indicated, received correspondence relating to sentencing and has now received correspondence relating to the recent trip to California. The Court does not rely on any of that correspondence. The Court brought this to the attention of the parties to advise them that the Court was receiving correspondence but would not reply on it and to advise the parties that, if they wished to have the Court consider correspondence, they should forward that correspondence through counsel. The Court did not intend to imply that any counsel was asking that correspondence be sent directly to the Court. 2. Mr. Dratel should promptly fax or deliver another copy of his substitution of counsel to the Court and the Court will sign it promptly. Ms. Shellow-Lavine has been counsel for Ms. Stewart who has been the person designated to receive faxes and other documents. The Court will ask that Mr. Dratel be added to the list of counsel and to the list of those receiving faxes. (Signed by Judge John G. Koeltl on 5/6/05)(bw, ) (Entered: 05/11/2005)
7552005-05-09 OrderCONSENT TO SUBSTITUTE COUNSEL as to Lynne Stewart. That Joshua L. Dratel, Esq. be substituted as counsel of record for Lynne Stewart, deft in the captioned action, in place and stead of Michael E. Tigar, Esq. as of the date hereof. So Ordered. (Signed by Judge John G. Koeltl on 5/6/05)(bw, ) (Entered: 05/11/2005)
7582005-06-06 Motion for AcquittalMOTION for a Judgment of Acquittal, pursuant to Rule 29(a) & (c), and/or a New Trial, pursuant to Rules 33 & 34, Fed.R.Crim.P. Document filed by Lynne Stewart. (bw, ) (Entered: 06/08/2005)
7592005-06-06 Memorandum in Support of MotionMEMORANDUM in Support by Lynne Stewart re: 758 MOTION for a Judgment of Acquittal, pursuant to Rule 29(a) & (c), and/or a New Trial, pursuant to Rules 33 & 34, Fed.R.Crim.P. (bw, ) (Entered: 06/08/2005)
7602005-06-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sentencing in this matter is adjourned from Friday, September 23, 2005 to Friday, September 30, 2005 at 9:30 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 5/27/05)(ja, ) (Entered: 06/08/2005)
7642005-06-13 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 6/9/05 re: requesting that Ms. Stewart's conditions of release pending sentencing be temporarily modified to permit her to travel to Washington, D.C. from 6/10/05 through 6/16/05 because of a family emergency. Judge memo-endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/05)(ph, ) (Entered: 06/17/2005)
7662005-06-24 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 5/23/05 re: submitted to request that, consistent with this Court's April 7, 2005, Order, Ms. Stewart's conditions of release pending sentencing be temporarily modified to permit her to travel to Philadelphia on June 6-7, 2005. JUDGE ENDORSED - Application granted. Defendant Stewart is to advise Pre-Trial Service of the time and details of the travel arrangements and stay, and comply with any requests for notification and Pre-Trial Service. (Signed by Judge John G. Koeltl on 5/27/05)(bw, ) (Entered: 06/30/2005)
7682005-07-11 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Robin L. Baker dated 7/6/05 re: Respecfully request a one-week extension, from this Friday, July 8, 2005 until July 15, 2005. Judge Memo-endorsed...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/6/05)(jw, ) (Entered: 07/12/2005)
7702005-07-15 Memorandum in Opposition to MotionMEMORANDUM in Opposition by USA as to Lynne Stewart re 758 MOTION for Acquittal (Post-trial Motions). (ja, ) (Entered: 07/20/2005)
7732005-07-29 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Joshua L. Dratel dated 7/25/05 re: Request respectfully that Ms. Stewart's be temporarily modifed to permit her to travel to Conway, New Hampshire on August 1, 2005 and to travel from Conway, New Hampshire, through Vermont, to her home in the Northern District of NY on August 2, 2005. Judge Memo-endorsed...Applications granted subject to any condition of notice and reporting imposed by Pre-trial Services. SO ORDERED. (Signed by Judge John G. Koeltl on 7/25/05)(jw, ) (Entered: 08/03/2005)
7752005-08-10 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Clerk shall deliver to this Court the following sealed documents: Documents 713,714,715,716,717,718,720,721,722,724,727,728,748,749,753,761,763,765,767,769,771 and 773 (Signed by Judge John G. Koeltl on 8/10/05)(jw, ) (Entered: 08/12/2005)
7762005-08-12 Order to Unseal DocumentOrder to Unseal Document as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Therefore, the Court will unseal documents 727, 728, 749, 761, 763 and 765. (Signed by Judge John G. Koeltl on 8/12/05)(jw, ) (Entered: 08/16/2005)
7772005-08-12 OrderORDER (unsealed) as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Juror 39 called Mr. Grate today and said that something happened in the jury room that really bothered her. She wanted to put it in writing and bring it to the court's attention. Mr Grate said to address the letter to him, without any names for the juror, and he would foward it to the court. The court brings this to the parties' attention because it is a communications from a juror.So OrderedFld. 3/8/05 as document # 727. (Signed by Judge John G. Koeltl on 2/23/05)(pr, ) (Entered: 08/16/2005)
7782005-08-12 OrderORDER (unsealed) as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry In response to the parties' correspondence, the court spoke to Mr. Grate today. Mr Grate confirmed that it was in fact Juror 39 who wanted to write a letter to the court and called Mr. Grate to get information with respect to the chambers address. Mr. Grate asked her to write the letter to him and he would foward it to the court. The juror also requested information about her paycheck. In view of the juror's desire to write the letter, no further action is warranted at this time.So Ordered. Filed 3/8/05 as document # 728.. (Signed by Judge John G. Koeltl on 2/24/05)(pr, ) (Entered: 08/16/2005)
7792005-08-12 OrderORDER (unsealed) as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Mr Grate provided the court with the attached letter from a juror, which he received yesterday. He did not provide the envelope to avoid disclosing the identity of the juror. The court provides the letter to the parties as a communication from a juror..Filed 8/1/05 as document # 749. (Signed by Judge John G. Koeltl on 4/1/05)(pr, ) (Entered: 08/16/2005)
7802005-08-12 Motion for New TrialMOTION (unsealed) for New Trial purs. to Rule 33 FRCP. Document filed by Lynne Stewart. Filed 6/3/05 as document # 761.(pr, ) (Entered: 08/16/2005)
7812005-08-12 Memorandum in Support of MotionMEMORANDUM OF LAW IN SUPPORT OF DEFT. LYNNE STEWART'S POST TRIAL MOTION FOR A NEW TRIAL, PURS. TO RULE 33 FRCP FOR DENIAL OF THE SIXTH AMENDMENT RIGHT TO AN IMPARTIAL JURY.(unsealed) by Lynne Stewart re 780 MOTION for New Trial.. Filed 6/3/05 as part of document # 761.(pr, ) (Entered: 08/16/2005)
7822005-08-12 OrderORDER (unsealed) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1) No party, counsel paralegal, investigator, or any other individual acting on behalf of any party shall contact by any means, directly or indirectly, any trial juror without the prior consent of this court. This order includes a prohibition on any further contact with Mr. Masef on the subject of juror # 9 (also known ad juror NO. 39).2) Any party, counsel paralegal, investigator, or any other individual acting on behalf of any party shall shall preserve any notes of interviews or post-trial statements of any trial juror until further order of the court. This order includes Mr. Eberle, who participated in the 4/26/05 meeting at the request of counsel for defendant Stewart. Counsel for Ms. Stewart shall provide a copy of this order to Mr. Eberle, who is also required to retain it under seal.3) The govt. shall respond to the applications releating to juror No. 9 (also known as juror No. 39) and juror No 32 by 6/27/05. The defendants may reply by 7/8/05.4) This order and the related correspondence shall be filed under seal.So Ordered.Filed 6/13/05 as document # 763. (Signed by Judge John G. Koeltl on 6/10/05)(pr, ) (Entered: 08/16/2005)
7832005-08-12 Memorandum in Opposition to MotionGOVERNMENT'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTIONS BASED ON ALLEGATIONS RELATING TO JURORS (unsealed) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re 780 MOTION for New Trial.. Filed 6/28/05 as document # 765.(pr, ) (Entered: 08/16/2005)
7842005-08-15 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Following the return of the verdict in this case, various issues have arisen with respect to jurors. The defts thereafter filed applications seeking various relief which the Govt opposed, and those motions were fully briefed on 8/11/05. All of the papers were filed or sought to be filed under seal. By letter dated 7/7/05, the Govt asked the Court to unseal all of the documents at such time as the Court initially decided the motions and determined whether any hearing was necessary. The Govt argued that delaying unsealing the documents until that time would forestall or prevent compromising juror privacy, preserve juror anonymity, and avoid juror embarrassment. By letter dated 7/22/05, counsel for defts Stewart and Yousry, although they had not previously moved to unseal any of the documents, argued that the documents should be unsealed without delay. All parties suggested that the Court should delete the name of one juror's lawyer as a protection against disclosing the name of one jurors. The Court agrees with the parties that the documents that were filed under seal should be unsealed. The Court also sees no reason to delay the unsealing of the documents. The jurors in this case are anonymous and the disclosure of the materials will not disclose the identity of the jurors. There is no additional protection afforded the jurors by delaying the disclosure of the documents until this Court actually issues a decision.... [see Order]... There is also no reason to redact the name of one juror's lawyer. The identity of the laywer is not an indication of the identity of the juror, and the lawyer is certainly capable of maintaining the anonymity as well as the confidences and secrets of his client. Therefore, the Court will unseal Documents 727, 728, 749, 761, 763, and 765. This should be all of the filed documents concerning the issues raised in the parties' correspondence. The Court is also attaching copies of the July 7 and July 22 correspondence to this Order. Govt letters dated 6/6/05 and 6/10/05, and letters from defense counsel dated 6/9/05 and 6/30/05 were sent to the Court with requests for filing under seal. They were not yet filed, and so will be filed but not under seal. There is no need to file the deft Stewart's 8/11/05 Reply Memorandum under seal, and that will be filed in the open docket. A review of the docket fails to indicate that deft Stewart's 6/3/05 letter and accompanying affidavit were filed at all, although the Rule 33 motion was filed. Deft Stewart should file promptly the 6/3/05 letter and accompanying affidavit not under seal, and provide a courtesy copy to the Court. To the extent that there is other correspondence or other documents that should be included in the open file, the parties should bring those documents to the attention of the Court. (Signed by Judge John G. Koeltl on 8/12/05)(bw, ) (Entered: 08/16/2005)
7852005-08-15 LetterLetter by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Christopher J. Morvillo/Andrew S. Dember/Robin L. Baker/Anthony S. Barkow dated 6/6/04 (letter dated 6/6/05 on headers, page 2 to page 4) re: submitted regarding post-trial motions filed by deft Lynn Stewart on June 3, 2005. Two such motions, both of which are filed under seal and are joined by defts Mohammed Yousry and Ahmed Abdel Sattar, seek relief based on allegations relating to trial jurors. [*** Refer to Order, doc.#784 ***] (bw, ) (Entered: 08/16/2005)
7862005-08-15 LetterLetter by Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Attorneys Jill R. Shellow-Lavine, Joshua L. Dratel dated 6/9/05 re: submitted in response to the govt's June 6, 2005, letter. [*** Refer to Order, doc.#784 ***] (bw, ) (Entered: 08/16/2005)
7872005-08-15 LetterLetter by USA as to Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Christopher J. Morvillo/Andrew S. Dember/Robin L. Baker/Anthony S. Barkow dated 6/10/05 re: submitted in response to the letter submitted by Mr. Dratel and Ms. Shellow-Lavine on behalf of defts Lynne Stewart and Mohammed Yousry. [*** Refer to Order, doc.#784 ***] (bw, ) (Entered: 08/16/2005)
7892005-08-15 ReplyREPLY Memorandum Of Law by Lynne Stewart in support of her post-trial motion for a new trial, pursuant to Rule 33, Fed.R.Crim.P., for denial of the Sixth Amendment Right to an impartial jury related to Juror #82, and for further judicial inquiry related to Juror #9. Dated 8/11/05. [*** Refer to Order, doc.#784 ***] (bw, ) (Entered: 08/16/2005)
7902005-08-15 OrderORDER as to Lynne Stewart. The probation dept. has advised the court that defense counsel for deft. Stewart has requested the probation dept. to seek the views of other judges who know Ms. Stewart's past work in connection with the preparation of the pre-sentence report. The court has no objection to that, but this is a matter for the probation dept. The probation dept. must follow their unual procedures and any relevant laws and regulations.So Ordered. (Signed by Judge John G. Koeltl on 8/12/05)(pr, ) (Entered: 08/17/2005)
7912005-08-12 LetterLetter by Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 6/3/05 re: requesting that the Court follow-up with Juror #39 and inquire about the bases for her March 25, 2005 letter to the Court. (ph, ) (Entered: 08/18/2005)
7922005-08-19 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support of defendant Lynne Stewart's post-trial motions for Judgment of Acquittal, purs. to rule 29(a)&(c) and/or a new trial, purs. to rules 33&34, FRCP. as to Lynne Stewart re: 758 MOTION for Acquittal., 780 MOTION for New Trial.. (pr, ) (Entered: 08/23/2005)
7942005-08-25 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The parties should advise the Court promptly of the effect on all pending motions, if any, of the recent Court of Appeals decision in U.S. v. Canova, 412 F.3d 331, 344-48 (2d Cir. 2005). (Signed by Judge John G. Koeltl on 8/24/05)(bw, ) (Entered: 08/31/2005)
7952005-08-26 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. 1. Deft Stewart requests oral argument on her pending motions. Given the schedules provided by the parties, the Court will hear argument on 9/1/05 at 2:30 p.m. in Courtroom 12B, 500 Pearl Street. 2. All parties have requested or consented to adjourn the current sentencing date until 10/21/05. The Court will therefore adjourn the sentencing date for all defts to 10/21/05 at 9:30 a.m. The Court must receive sentencing submissions reasonably in advance of sentence. Thus, all defense submissions in connection with sentence must be made by 9/23/05. All Govt submissions must be made by 10/3/05. (Signed by Judge John G. Koeltl on 8/25/05)(bw, ) (Entered: 09/01/2005)
7962005-09-12 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for dft, dated 9/7/05, re: My letter dated today should not have been sent "under seal". The notation in the caption was in error. There is no reason why the letter and Order should not be filed. -- Judge endorsed: This letter should also be filed. SO ORDERED. (Signed by Judge John G. Koeltl on 9/7/05)(ja, ) (Entered: 09/15/2005)
7992005-09-16 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from United States Attorney Michael J. Garcia by AUSA Robin L. Baker dated 9/14/05 re: the Court's request made during oral argument on Thursday, 9/1/05 for copies of trial exhibits. Judge memo-endorsed: The government should contact Mr. Fletcher directly and arrange for delivery. So ordered. (Signed by Judge John G. Koeltl on 9/14/05)(ph, ) (Entered: 09/21/2005)
8012005-09-21 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl dated 9/18/05 re: Adjournment of the 9/23/05 sentence.All sentences in this case adjourned to 11/18/05 @ 9:30 AM. Defense submissions to be mad by 10/14/05, govt. submissions to be made by 10/26/05. So Ordered. (Signed by Judge John G. Koeltl on 9/20/05)(pr, ) (Entered: 09/23/2005)
8022005-09-26 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from US Attorney's Office dated 9/22/05 re: Adjournment of the 11/18/05 sentence for all three defendants.Sentence adjourned to 12/22/05 @ 9:30 AM. Defense submissions by 11/14/05, govt. submissions by 11/18/05. So ordered. (Signed by Judge John G. Koeltl on 9/23/05)(pr, ) (Entered: 09/28/2005)
8032005-09-23 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Judge Koeltl dated 9/20/05 re: requesting that Ms. Stewart's conditions of release pending sentencing be temporarily modified to permit her to travel to the Washington, D.C. metropolitan area from 9/22/05 to 9/25/05. Judge memo-endorsed: Application granted. So ordered. (Signed by Judge John G. Koeltl on 9/20/05)(ph, ) (Entered: 09/28/2005)
8042005-09-26 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sentencing in this matter is adjourned to Thursday, December 22, 2005 at 9:30 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 9/23/05)(ja, ) (Entered: 09/28/2005)
8052005-09-30 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/1/2005 before Judge John G. Koeltl. (jar, ) (Entered: 09/30/2005)
8062005-10-25 OrderOPINION & ORDER #92325 as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry.... [See Order]... Conclusion: This opinion has not attempted to summarize all of the evidence at the trial, but has concentrated on the specific issues raised in the motions. There was sufficient evidence at the conclusion of the Govt's case, and again at the conclusion of all of the evidence, for a reasonable jury to find each of the defts guilty beyond a reasonable doubt on each of the counts in which each was charged. Thus, the Rule 29 motions are denied. The Court has considered all of the arguments. To the extent not specifically addressed herein, the arguments are either moot or without merit. For the reasons stated above, all of the pending motions are denied. (Signed by Judge John G. Koeltl on 10/24/05)(bw, ); Refer to Order, doc.#812. Modified on 11/4/2005 (bw, ). (Entered: 10/25/2005)
8072005-10-24 OrderOPINION & ORDER #92326 as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Deft Lynne Stewart moves for a new trial pursuant to Fed.R.Cr.P. 33, or in the alternative, an evidentiary hearing based on alleged juror misconduct by Juror #82 during the voir dire examination. Deft Stewart also requests that the Court conduct an inquiry into allegations of extraneous influence on Juror #39 and complaints by Juror #39 about the deliberation process. Co-defendants Ahmed Abdel Sattar and Mohammed Yousry join in these applications. For the following reasons, these applications are denied.... [See Order]... Conclusion: For the reasons stated above, the defts' applications are denied. (Signed by Judge John G. Koeltl on 10/24/05)(bw, ) Modified on 10/26/2005 (lma, ); Refer to Order, doc.#813. Modified on 11/4/2005 (bw, ). (Entered: 10/25/2005)
8082005-10-17 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 10/17/05 re: Requesting conditions of release pending sentencing be temporarily modified to permit her to travel to Washington D.C. leaving this afternoon, between 3 PM & 4 PM and return October 18, 2005. Application granted, So Ordered.. (Signed by Judge John G. Koeltl on 10/17/05)(pr, ) (Entered: 10/27/2005)
8092005-10-24 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 10/7/05 re: Modification of conditions of release to permit her to travel. 10/25/05 through 10/31/05 to Westr Linn Oregon. 11/2/05 through 11/98/05 to Venice Florida etc. Application granted So Ordered.. (Signed by Judge John G. Koeltl on 10/7/05)(pr, ) (Entered: 10/27/2005)
8102005-10-26 Endorsed LetterENDORSED LETTER as to (S1-02-Cr-395-) Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Andrew S. Dember/Robin L. Baker/Anthony S. Barkow dated 10/24/05 re: submitted to request a one-week extension, from 11/28/05 until 12/5/05, of the Govt's time to respond to the defts' sentencing submissions, which are to be filed on 11/14/05. JUDGE ENDORSED - Application granted. Government submission due December 5, 2005. The sentencing date remains December 22, 2005 at 9:30 a.m., but, given the timing of sentencing submissions, the Court also reserves the possibility of adjourning the sentencing date. (Signed by Judge John G. Koeltl on 10/25/05)(bw, ) (Entered: 10/28/2005)
8122005-10-31 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Attached is a corrected page 19 for this Court's 54 page opinion dated 10/24/05. The Clerk is directed to substitute this page for the former page 19. (Signed by Judge John G. Koeltl on 10/27/05) [*** Refer to Opinion & Order, doc.#806 ***] (bw, ) (Entered: 11/04/2005)
8132005-10-31 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Attached are corrected pages 19 and 22 for this Court's 25 page opinion dated 10/24/05. The Clerk is directed to substitute these pages for the former pages 19 and 22. (Signed by Judge John G. Koeltl on 10/27/05) [*** Refer to Opinion & Order, doc.#807 ***] (bw, ) (Entered: 11/04/2005)
8162005-11-23 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. All defense submissions in connection with sentencing are due 11/30/05. Gov't submissions are due 12/21/05. Sentencing is set for 1/20/2006 09:30 AM before Judge John G. Koeltl. SO ORDERED. (Signed by Judge John G. Koeltl on 11/17/05)(ja, ) (Entered: 11/29/2005)
8172005-11-29 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. As to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry; all defense submissions in connection with sentencing are due 1/13/06. Government submissions are due 2/3/06. Sentencing set for 2/24/2006 at 09:30 AM before Judge John G. Koeltl. There will be no further extensions except for very good cause shown. (Signed by Judge John G. Koeltl on 11/23/05)(kw, ) (Entered: 11/30/2005)
8182005-12-07 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court had fixed 2/24/2006 as the final date for sentencing, but that date is no available for some counsel. Mr. Fletcher will be in touch with counsel to fix a date that is available for all counsel. (Signed by Judge John G. Koeltl on 12/5/2005)(jp, ) (Entered: 12/09/2005)
8192005-12-07 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill Shellow-Levine dated 12/6/2005 re: granting counsels request that defts conditions of release pending sentencing be temporarily modified to permit her to travel to Jersey City, New Jersey, on Sunday 12/11/2005.. (Signed by Judge John G. Koeltl on 12/6/2005)(jp, ) (Entered: 12/09/2005)
8212005-12-15 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge John G. Koeltl from Jill R. Shellow-Lavine dated 12/12/05 re: requesting permission to travel to Datien Connecticut. Application Granted. (Signed by Judge John G. Koeltl on 12/12/05)(kw, ) (Entered: 12/19/2005)
8222005-12-19 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sentence in this matter will be held on Friday 3/10/06 @ 10 AM. So ORdered. (Signed by Judge John G. Koeltl on 12/16/05)(pr, ) (Entered: 12/20/2005)
8272006-03-14 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 3/11/06 re: To request that we be given until Tuesday, March 14, 2006, to reply to the proposed sentencing schedule put forth by the government in its March 9, 2006 letter to the Court. Judge Memo-endorsed...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/11/06)(jw, ) (Entered: 03/15/2006)
8292006-03-30 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Defense Replies due by 8/21/2006. Government Responses due by 8/11/2006; Sentencing set for 9/15/2006 10:00 AM before Judge John G. Koeltl. The Probation Department should assure that the Pre-Sentence Reports are finalized in sufficient time so that the submissions of the parties are directed to the final Pre-Sentence Reports. The Court is attaching correspondence from the parties relating to scheduling sentence for the period January 30, 2006 to March 14, 2006. SO ORDERED (Signed by Judge John G. Koeltl on 3/23/06)(jw, ) (Entered: 03/30/2006)
8322006-06-08 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Jill R. Shellow-Lavine dated 6/2/06 re: Requesting that Ms. Stewart's conditions of release pending sentencing be temporarily modified to permit her to travel as more fully described below. From June 7 through June 12, 2006, Ms. Stewart would like to travel by car to Truro, Massachusetts, to stay with a friend of 50 Years. Judge Memo-endorsed...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/06)(jw, ) (Entered: 06/09/2006)
8332006-06-19 Motion to CompelNOTICE OF MOTION to Compel Gov't disclosure of warrantless and/or illegal electronic or other surveillance. Attorney's Declaration in Support attached.Document filed on behalf of Lynne Stewart. (ja, ) (Entered: 06/19/2006)
8342006-06-19 Memorandum in Support of MotionMEMORANDUM in Support by Lynne Stewart re 833 MOTION to Compel. [Accompanying Exhibits] (ja, ) (Entered: 06/19/2006)
8352006-06-21 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Robin L. Baker, AUSA, dated 6/20/06, re: the schedule for dft Lynne Stewart's Motion to Compel Gov't Disclosure of Warrantless and/or Illegal Electronic or Other Surveillance, which was served and filed yesterday.... the Gov't requests an additional 30 days to respond to Stewart's motion.... -- Judge endorsed: Application Granted. SO ORDERED. Replies due by 8/11/2006. Responses due by 8/4/2006. (Signed by Judge John G. Koeltl on 6/20/06)(ja, ) (Entered: 06/22/2006)
8382006-07-05 Motion for Miscellaneous ReliefMOTION for the following relief: 1) a non-custodial sentence for Ms. Lynne Stewart; 2) an Order granting Ms. Lynne Stewart's counsel access to those portions of the Pre-Sentence Reports prepared for Ms. Lynne Stewart co-defendants, Ahmed Sattar and Mohamed Youssry, that analyze their role in the offense(s), calculate their advisory Guidelines calculations, and set forth their sentencing recommendations; and 3) such other and further relief as mya be just and proper. Document filed by Lynne Stewart. Return Date set for 9/25/2006 10:00 AM. (bw, ) (Entered: 07/06/2006)
8392006-07-05 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart. (bw, ) (Entered: 07/06/2006)
8402006-07-05 RemarkExhibits In Support of Defendant Lynne Stewart's Sentencing Memorandum. (bw, ) (Entered: 07/06/2006)
8412006-07-05 RemarkVolume II: Exhibits A - L. Additional Letters Submitted in Support of Defendant Lynne Stewart's Sentencing Memorandum. (bw, ) (Entered: 07/06/2006)
8432006-07-20 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has reviewed the attached letter, which the Court forwards to the parties. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/06)(ja, ) (Entered: 07/25/2006)
8442006-07-20 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter in connection with sentencing, which the Court forwards to the parties. SO ORDERED. (Signed by Judge John G. Koeltl on 7/11/06)(jw, ) (Entered: 07/25/2006)
8452006-08-02 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for dft, dated 7/21/06, re: request that Ms. Stewart's conditions of release pending sentencing be temporarily modified to permit her to travel as fully described herein.... request for travel to be approved through Sunday, 7/30/06. AUSA consents to this request. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/21/06)(ja, ) (Entered: 08/03/2006)
8472006-08-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Deft Replies due by 9/6/2006. The time for the Government to submit its response to the defts sentencing submissions and to respond to the defets motion concerning electronic surveillance is extended to August 25, 2006. The defts time to reply on the motion relating to electronic surveillance is extended to September 6, 2006. The date for the defense reply on sentencing is extended to September 6, 2006. Sentencing remains scheduled for September 25, 2006 at 10:00am. (Signed by Judge John G. Koeltl on 8/7/06)(jw, ) (Entered: 08/10/2006)
8482006-08-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Deft Replies due by 9/6/2006. The Time for the Goverment to submit its response to the defts sentencing submissions and to respond to the defts motion concerning electronic surveillance is extended to August 25, 2006. The defts time to reply on the motion relating to electronic surveillance is extended to September 6, 2006. The date for the defense reply on sentencing is extended to September 6, 2006. Sentencing remains scheduled for September 25, 2006 at 10:00am. The parties should contact Mr. Fletcher if, for any reason, there is a problem with this schedule. (Signed by Judge John G. Koeltl on 8/7/06)(jw, ) (Entered: 08/10/2006)
8492006-08-10 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter dated 8/3/06 from Aubrey Lees. There is no indication that the letter was sent to defense counsel or the Govt, and the Court is therefore attaching a copy of the letter. To the extent possible, defense counsel and the Govt are instructed to have all sentencing letters submitted through counsel. (Signed by Judge John G. Koeltl on 8/8/06)(bw, ) (Entered: 08/11/2006)
8502006-08-18 Notice (Other)NOTICE of Government's Exparte, In Camera Classified Filing as to Lynne Stewart re: 833 MOTION to Compel.. (ja, ) (Entered: 08/21/2006)
8532006-08-29 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. 1. The time for defts' reply papers on thier motion to compel disclosure is extended to 9/11/06. Argument on the motion is scheduled for 9/25/06 @ 10am. 2.The time for defts' reply papers on sentencing are extended to 9/26/06. Sentencing is adjourned to 10/16/06 @ 10am. No Further adjournments. So ordered (Signed by Judge John G. Koeltl on 8/28/06)(pr, ) (Entered: 08/30/2006)
8552006-08-30 Sentencing MemorandumGOVERNMENT'S SENTENCING MEMORANDUM (REDACTED) by USA as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. (jw, ) (Entered: 08/31/2006)
8562006-08-31 Memorandum of LawMEMORANDUM AND ORDER Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 851 Sentencing Memorandum filed by USA, The clerk is directed to place Doc. # 851 under seal. The govt. will file a redacted version of its sentencing memorandum as soon as possible. (pr, ) (Entered: 09/01/2006)
8582006-09-11 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support as to Lynne Stewart re: 833 MOTION to Compel. (jw, ) (Entered: 09/12/2006)
8592006-09-11 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for dft, dated 9/6/06, re: motion filed on behalf of Ms. Stewart on 7/5/06, sought "an Order granting Ms. Stewart's cnsl access to those portions of the Presentence Reports prepared for Ms. Stewart [sic] co-dfts,... that analyze their role in the offense(s).... Accordingly, requests for an Order granting her access to the materials sought and authorizing defense counsl for Messrs. Sattr and Yousry to provide the information to Ms. Stewart's counsel. -- Judge endorsed: 1) The Gov't should respond to this application by 9/8/06 to indicate if there is any opposition; and 2) If the other dfts consent it is unclear why a separate court order is necessary before they shared their Presentence reports with a co-dft. SO ORDERED. (Signed by Judge John G. Koeltl on 9/6/06)(ja, ) (Entered: 09/12/2006)
8602006-09-14 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Elizabeth M. Fink dated 9/11/06 re: Please accept this letter as a request to file our objections to and comments about Ms. Stewart's Pre-sentence Report on September 26, 2006. Judge-Mem-endorsed...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/14/06)(jw, ) (Entered: 09/15/2006)
8612006-09-14 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Andrew S. Dember and Robin Baker dated 9/8/06 re: Respectfully submits this letter in response to deft Lynne Stewart's request for access to certain portions of the pre-sentence reports for defts Ahmed Abel Sattar and Mohammed Yousry. Judge Memo-endorsed...Deft Stewart's request for access to certain portions of the Pre-Sentence Reports of defts Sattar and Yousry is granted. Defts Sattar and Yousry may make those portion of their reports available to deft Stewart. SO ORDERED. (Signed by Judge John G. Koeltl on 9/11/06)(jw, ) (Entered: 09/15/2006)
8622006-10-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Joshua L. Dratel dated 9/27/06 re: Accordingly it requested that the Court accept the Reply as filed. Judge Memo-endorsed..The Court will of counsel accept and review the Reply Sentencing Memorandum. SO ORDERED. (Signed by Judge John G. Koeltl on 9/29/06)(jw, ) (Entered: 10/03/2006)
8632006-10-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received Ms. Fink's letter dated September 26, 2006 with objections to the Pre-Sentence Report. The Court will consider all the objections to the Pre-Sentence Report at the time of sentence. The Court will resolve all outstanding objections at that time or determine that they do not affect the sentence. The Court will consider all of the materials submitted to the Court by counsel and the Probation Department and reach an independent determination of the appropriate and reasonable sentence. There is no need for a revised Pre-Sentence report or a hearing prior to the date currently fixed for sentence. The request for an advance hearing is denied. (Signed by Judge John G. Koeltl on 9/29/06)(jw, ) (Entered: 10/03/2006)
8642006-10-03 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Eric B. Bruce dated 9/28/06 re:Enclose 13 of the 15 District Court decisions denying defense motions ot compel information concerning the Terrorist Surveillance Program. With the courts permission, we (Govt) will endeavor to file our ex parte, in camera supplemental response at the DOJ Command Center by Friday 10/6/06.Request to extend the time to file a further exparte in camera submission to 10/6/06 is granted. The govt. should assure that the submission is available to be delivered to this court at that time. So Ordered. (Signed by Judge John G. Koeltl on 9/29/06)(pr, ) (Entered: 10/04/2006)
8652006-10-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry., as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry;Government Responses due by 10/11/2006. In its response the Government should address the proper procedure for challenging the imposition of the SAMs, the proper standard of review, and the basis for the imposition of the SAMs in this case. The Government should also indicate whether any information is subject to any privileges or contain any classified information and what procedures apply to such information. The Court received the indication from the Government that the Government agreed that a meeting would be useful. That meeting apparently did not occur because the prison officials were not prepared to meet. The Government should now assure that the parties meet to discuss the conditions of confinement and, if possible the reasons for any special restrictions. (Signed by Judge John G. Koeltl on 9/29/06)(jw, ) (Entered: 10/04/2006)
8672006-10-12 Notice (Other)GOVERNMENT'S NOTICE of Supplemental Ex Parte, In Camera, Classified Filing as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (ja, ) (Entered: 10/16/2006)
8682006-10-16 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry, addressed to Judge Koeltl, from Eric B. Bruce, Sr. Cnsl to Asst. Atty General, Criminal Div., dated 10/11/06, re: the Govt's response will not be ready for transport to SDNY tomorrow morning - our response, including a Declaration from the relevant agency. Respectfully request that the Govt's time to respond to the Crt's Order be extended by one additional day to 10/13/06. -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 10/11/06)(ja, ) (Entered: 10/17/2006)
8692006-10-17 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. By motion dated 6/16/06, the defts moved to compel the Govt to disclose any warrantless and/or illegal electronic or other surveillance which included the defts' demand from the Govt for disclosure of any "electronic surveillance of their telephone, facsimile, e-mail, or other electronic or other communications, or surveillance or interception of any kind, pursuant to the NSA Program or any other program or operation." In response to this motion, the Govt filed, on 8/18/06, its in camera, ex parte classified response, which the Court carefully considered. Thereafter, in response to subsequent orders from the Court, the details of which were classified and filed ex parte and under seal, but with notice to the defts, the Govt filed in camera, ex parte classified supplemental responses dated 10/6/06, 10/12/06, and 10/13/06. The Govt is directed to disclose immediately to the defts the disclosure listed on page 3 of the Govt's 10/12/06 disclosure, including the related footnote 5 to that paragraph. The defts' motion is otherwise denied. The Court is simultaneously filing an ex parte Order under seal containing classified information which explains in detail the reasons for the Court's decision. The Court has concluded that there is a compelling reason for filing the additional Order ex parte and under seal because it contains classified information that cannot reasonably be segregated from the other material in the Order, and that such a filing is consistent with the Classified Procedures Act and the rights of the defts. See U.S. v. Yunis, 867 F.2d 617, 622-25 (D.C. Cir. 1989). Except as noted above, the defts' motion is denied. (Signed by Judge John G. Koeltl on 10/13/06)(bw, ) (Entered: 10/17/2006)
8702006-10-17 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 9/25/06 before Judge John G. Koeltl. (tro, ) (Entered: 10/17/2006)
8712006-10-16 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from Eric B. Bruce, Senior Counsel to the Assistant Attorney General, Criminal Division, U.S. Department of Justice, dated 10/10/06 re: submitted to request that the Govt's time to respond to the Court's Order dated 10/6/06 be extended by one day to 10/12/06. Judge Endorsed - Application Granted. (Signed by Judge John G. Koeltl on 10/10/06)(bw, ) (Entered: 10/17/2006)
8722006-10-16 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has provided an Ex Parte Order to the Govt which refers to classified filings. The Order is provided to Mr. Bruce for the Govt through Mr. Macisso and the Court asks that it be filed under seal. (Signed by Judge John G. Koeltl on 10/6/06)(bw, ) (Entered: 10/17/2006)
8732006-10-17 Notice (Other)GOVERNMENT'S NOTICE of It's Second Supplemental Ex Parte, In Camera Classified Filing as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry (ja, ) (Entered: 10/18/2006)
8752005-10-23 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The court received the attached letter from the Warden of the MCC which the court fowards to the parties. By letter dtd. 10/20/06 counsel for Mr Sattar sought a hearing to determine why the officials in charge of the MCC did not comply with that part of the court's order of 9/29/06 as indicated. The application for a hearing or a finding of contempt is denied as indicated. The court rescinds its 9/29/06 order to the extent it directed the govt to assure that the parties meet to discuss the conditions of confinement. While the parties are free to discuss the conditions of confinement, it is plain that the BOP requires that the deft. exhaust administrative remedies before seeking judicial relief. So ordered (Signed by Judge John G. Koeltl on 10/20/06)(pr, ) (Entered: 10/25/2006)
8842006-10-26 JudgmentFILED JUDGMENT IN A CRIMINAL CASE as to Lynne Stewart (3), Count(s) 1, 2, 4, and 5 are dismissed on the motion of the U.S. The defendant Lynne Stewart was found guilty on Count(s) 1s, 4s, 5s, 6s-7s of the Superseding Indictment after a plea of not guilty, Imprisonment: 28 months on counts 1, 4, 5, 6 and 7, all to run concurrently. The Court recommends to the Bureau of Prisons that the defendant be incarcerated at FCI Danbury, Connecticut; and that the defendant receive medical treatment for her medical condition. The defendant shall surrender for service of sentence at the institution designated by the BOPs (bail is continued pending appeal). Supervised Release: 2 years on counts 1, 4, 5, 6, and 7 all to run concurrently. SA: $500.00.. (Signed by Judge John G. Koeltl on 10/26/06)(ja, ) (Entered: 10/30/2006)
8862006-10-17 Notice of Appeal - Final JudgmentNOTICE OF APPEAL by Lynne Stewart from 884 Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A. (tp, ) (Entered: 11/01/2006)
8872006-10-31 OrderORDER as to Lynne Stewart. The has today signed the Judgment of Conviction relating to defendant Stewart. The Court has provided the defendant with the opportunity to submit additional material to be included with the Judgment as additions to the Pre-Sentencing Report for the purposes of transmission to the Bureau of Prisons. However, no additional submission was made. In any event, no further submission is appropriate at this time. The defendant can submit any further submissions to the Bureau of Prisons at the time when the decision as to designation is being made. SO ORDERED. . (Signed by Judge John G. Koeltl on 10/26/2006)(jar, ) (Entered: 11/01/2006)
8882006-10-31 OrderORDER as to Lynne Stewart.... The dft asks the Crt to require the Gov't to establish in an adversary proceeding the absence of any taint or exculpatory material from the Court ordered Title III surveillance in 1994 in which dft Sattar was overheard.... The Gov't represents that no conversations overheard during that surveillance, or any fruits of that surveillance, were used as evidence in this case, and that no Brady material was contained in the files of the other criminal investigations. The Gov't therefore contends that there was no obligation to produce the surveillance in this case under FRCrP 16 on any other basis. Dft Stewart contends that the Govt's representations are not to be credited because the Gov't attempted to shield the existence of the Title III surveillance as a classified matter. The Gov't is correct that the Gov't did not abuse the Classified Procedures Act or contend that the existence of the Title III surveillance was a classified matter... Therefore, the dft's request for an adversary hearing or other relief is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 10/26/06)(ja, ) (Entered: 11/02/2006)
8892006-11-03 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court directs that Document No. 857 be unsealed. (Signed by Judge John G. Koeltl on 11/2/06) [*** Refer to doc.#890, filed on 11/3/06. ***] (bw, ) (Entered: 11/03/2006)
8952006-11-03 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSAs Robin L. Baker, Andrew S. Dember dated 8/30/06 re: submitted to supplement the Govt's sentencing memorandum, which was filed on 8/25/06. Judge Endorsed - This letter should be filed. So Ordered. (Signed by Judge John G. Koeltl on 10/26/06)(bw, ) (Entered: 11/03/2006)
8972006-11-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 10/3/06 re: submitted in regard to the Reply Sentencing Memorandum and Exhibits filed on behalf of Lynne Stewart. Enclosed is the original version Exhibit 11, the Declaration of Nancy Elaine Stoller, Ph.D. Also enclosed is the 2006 annual report from Housing Works, Inc. Judge Endorsed - This letter should be filed. So Ordered. (Signed by Judge John G. Koeltl on 10/26/06)(bw, ) (Entered: 11/03/2006)
8992006-11-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 10/12/06 re: submitted regarding Mr. Ramsey Clark's letter. Judge Endorsed - This letter should be filed. So Ordered. (Signed by Judge John G. Koeltl on 10/26/06)(bw, ) (Entered: 11/03/2006)
9002006-11-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Elizabeth M. Fink dated 10/15/06 re: submitted to enclose a copy of proposed regulations promulgated by the Bureau of Prisons that were provided to Ms. Fink the other day by a colleague of hers in prison litigation. Judge Endorsed - This letter should be filed. So Ordered. (Signed by Judge John G. Koeltl on 11/306)(bw, ) (Entered: 11/03/2006)
9012006-11-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Jill R. Shellow-Lavine dated 10/15/06 re: submitted the following letters for the Court's consideration in connection with its sentencing determination. Judge Endorsed - This letter should be filed. So Ordered. (Signed by Judge John G. Koeltl on 10/26/06)(bw, ) (Entered: 11/03/2006)
9022006-10-31 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter from Jonathan Dienst of WNBC that requests "access to any and all sealed communications/letters/motions from defense counsel and prosecutors in relation to the sentencing of Lynne Stewart and her co-defendants Sattar and Yousry." The letter refers to "sealed letters" and "sealed documents". 1. Deft Sattar submitted a letter dated 6/30/2006 that was served on the Govt but not filed. There is no request for sealing and the Court will order that document filed. Two additional letters submitted by deft Sattar that relate to a discrete issue, those letters are dated 6/30/2006 and 9/18/2006, were requested to be filed under seal, in order to preserve personal safety. They have not yet been filed but the Court will file them under seal. 2. The bulk of deft Stewart's sentencing submissions have already been filed. (see Dockets Nos. 838, 839, 840, 841, 843, 844, 849, 858.) The only submission that was requested to be filed under seal was Exhibit One to the original 85 Exhibits. That exhibit was a letter dated 7/5/2006 from Mr. Dratel containing a report by Dr. Steven Teich. That report has not yet been filed. Parties to advise Court by 10/31/2006 whether that report should be filed under seal and the basis for their positions. Def. counsel submitted additions with letters dated 9/26/2006; 10/3/2006; 10/12/2006; and two letters dated 10/15/2006. The Court will Order that they be filed. 3. Deft Yousry submitted letters dated 10/12/2006; 6/30/2006; 9/25/2006; 10/10/2006. The Court will order the documents to be filed. 4. The Govt filed a Sentencing Memo in response to the defendant's submissions (Doc. # 855.) Only two (2) pages of this document were redacted. They are properly filed under seal (Doc # 852.) There is a letter from counsel for Deft Sattar dated 8/28/2006 relating to the same issue and a Court order directing the pages to be filed under seal. (Doc # 857.) This letter does not reflect the substance of the redacted pages. The Court will order this letter & memo endorsement unsealed. The Govt submitted an additional brief letter dated 8/30/2006, the Court will Order this letter filed. 5. There were four letters filed under seal in connection with sentencing. Doc # 837, 836, 842, 866, with memo endorsements. The Court will listen to the parties as to whether these letters should remain under seal. Parties have not had opportunity to respond to Mr. Dienst's request, the Court requests that parties submit any objections or comments on the proposed disposition of the documents that have not been filed or that have been filed uner seal by 10/31/2006. SO ORDERED. (Signed by Judge John G. Koeltl on 10/26/2006)(jar, ) Modified on 11/6/2006 (jar, ). (Entered: 11/06/2006)
9032006-11-06 Notice of Appeal - Final JudgmentNOTICE OF APPEAL by USA as to Lynne Stewart from 884 Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: Rochman Platzer Fallick Sternheim Luca & Pearl, LLP; Rothman Schneider Soloway & Stern; ruhnke & Barrett; Elizabeth M. Fink; Joshua L. Dratel; and Jill R. Shellow-Lavine. (tp, ) (Entered: 11/07/2006)
9062006-11-06 LetterLetter by Lynne Stewart, addressed to Judge Koeltl, from Elizabeth M. Fink/ Joshua L. Dratel/Jill R. Shellow-Lavine, Attys for dft, dated 9/26/06, re: request for a conference prior to sentence, to review the Pre-Sentence Report and to remedy the failure to provide an "objective report".... -- Judge endorsed: This letter should be filed. So Ordered. (ja, ) (Entered: 11/07/2006)
9112006-11-07 OrderORDER as to Lynne Stewart. The Crt has rec'd the attached letter from cnsl for dft Stewart dated 10/30/06 which seeks various changes in the Judgment or the Pre-sentence Report: 1) The Crt will attach an Addendum to the Statement of Reasons which includes the reports by Dr. Grossbard...; 2) The remaining requests are denied. The proposed addendum is not a fair description of the conduct underlying the offenses of conviction and the evidence at trial and the Crt will not include it with the Judgment... The Crt has reflected all changes in the Presentence Report in the Judgment and no further direction to the Probation Department is necessary. SO ORDERED. (Signed by Judge John G. Koeltl on 11/2/06)(ja, ) (Entered: 11/07/2006)
9122006-11-07 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge John G. Koeltl from Robin L. Baker dated 11/7/2006 re: The Govt writes to repsond to the Court's Order, dated 11/2/2006, directing the Govt to provide its position regarding the request of Deft Stewart that four documents remain under seal. Judge's Endorsement: 1. A copy of their letter should be provided by the Government to Mr. Dienst, together with this endorsement. 2. Defendant Stewart may reply by 11/8/2006. SO ORDERED. (Signed by Judge John G. Koeltl on 11/3/2006)(jar, ) (Entered: 11/08/2006)
9132006-11-07 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. By order dated October 26, 2006, the Court responded to a letter from Jonathan Dienst requesting access to various documents. The Order explained documents that had been filed, documents that would be filed and several documents that were under seal. The Court asked the parties to submit any objection or comments on the proposed disposition of the documents that had not yet been filed or that had been filed under seal by October 31, 2006. The Court received a letter from deft Stewart's counsel dated November 1, 2006, a copy of which is attached. Deft Stewart contended that four documents as to which the Court directed the parties attention should remain under seal. The Court received no comment from any other party. The Court will therefore direct that the documents that the Court indicated in its October 26, 2006 Order would be filed should now be filed. The Court will also direct that Document No. 857 be unsealed. With respect to the remaining four documents identified by deft Stewart, the Court requests that the Government provide the Court with its position by November 6, 2006. (Signed by Judge John G. Koeltl on 11/2/06)(jw, ) (Entered: 11/13/2006)
9142006-11-13 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Jill R. Shellow-Lavine, Atty for dft, dated 11/10/06, re: request that Ms. Stewart's conditions of release pending appeal be temporarily modified to permit her to travel as described herein: on 11/14/06 Ms. Stewart wold like to travel to Venice, Florida.... She will return on 11/18/06.... Ms. Stewart will provide me w/information about how she can be reached. AUSA Robin L. Baker has advised me that the Gov't takes no position on this request. -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 11/10/06)(ja, ) (Entered: 11/15/2006)
9152006-11-21 OrderOPINION AND ORDER # 93973 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry.... [See Order]... Conclusion: For the reasons explained above, deft Stewart should file within five (5) days a copy of Mr. Dratel's letter and Dr. Teich's report with the redactions indicated in the documents that the Court is providing to counsel and filing under seal. Deft Stewart should also file at that time her proposed redacted copy of Mr. Dratel's letter and Dr. Teich's report. So Ordered. (Signed by Judge John G. Koeltl on 11/21/06)(bw, ) Modified on 11/29/2006 (rw, ). (Entered: 11/21/2006)
9172006-11-27 LetterLetter as to Lynne Stewart, addressed to Judge Koeltl, from Joshua Dratel, Atty for dft, dated 7/5/06, re: REDACTED Letter and Initial Report of Steven S. Teich, M.D. dated 6/29/06 (Exhibit 1), for purposes of sentencing. (ja, ) (Entered: 11/29/2006)
9222006-12-15 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 10/16/06 before Judge John G. Koeltl. (es, ) (Entered: 12/15/2006)
9242006-12-15 Memorandum & OpinionMEMORANDUM & OPINION & ORDER # 94046 as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. The Court has received the attached letter from counsel for deft Lynee Stewart. The letter requests the Court to inquire of one juror, based on a newspaper article, what specific evidence the juror was allegedly referring to in speaking with the reporter. The application is plainly without merit. The request is an impermissible effort to inquire into the jury's deliberations. Indeed, the submission indicates that the jury carefully and conscientiously considered the evidence and followed the Court's instructions. The application is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 12/6/06)(jw, ) (Entered: 12/18/2006)
9292007-02-06 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 1/31/07 re: submitted to request that Ms. Lynne Stewart be permitted to travel to the judicial districts discussed in this letter. ENDORSMENT: The application is granted, subject to the following: 1) The defendant will provide Pre-Trial Services with a detailed itinerary and provide any reporting as requested by Pre-Trial Services. 2) In view of the stated purpose of this trip, defense counsel shall assure the Court they have not and will not accept anything of value for representing the defendant. See Section VIII(E) of the Revised Plan for Furnishing Representation Pursuant to the Criminal Justice Act for the United States District Court for the Southern District of New York. (Signed by Judge John G. Koeltl on 2/5/07)(bw) (Entered: 02/13/2007)
9302007-02-28 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. While the Court has rec'd assurances from Mr. Dratel and Ms. Shellow-Lavine that they have not and will not accept anything of value for representing Ms. Stewart in this case beyond compensation under the CJA, the Court has not rec'd such assurance from Ms. Fink. The Crt notes that it inadvertently did not send the prior order to Ms. Fink along w/other cnsl. A copy of that order is attached. Ms. Fink should promptly submit such assurance now. See Sec. VIII(E) of the Revised Plan for Furnishing Representation pursuant to the CJA of the USDC for the SDNY. SO ORDERED. (Signed by Judge John G. Koeltl on 2/21/07)(ja) (Entered: 03/02/2007)
9312007-03-08 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 3/6/07 re: submitted to request permission for Ms. Lynne Stewart to travel to the judicial districts discussed in this letter (including any intermediate districts that may be required by airline scheduling or weather problems). ENDORSEMENT: Application granted subject to the provisions of contact information to the supervising officer and whatever reporting requirements are requested. (Signed by Judge John G. Koeltl on 3/7/07)(bw) (Entered: 03/12/2007)
9322007-03-08 OrderORDER as to Lynne Stewart. Pursuant to the Court's orders dated 2/5/07 and 2/21/07, the Court has received the attached correspondence from counsel for Lynne Stewart. See Section VIII(E) of the Revised Plan for Furnishing Representation Pursuant to the Criminal Justice Act of the U.S.D.C. for the S.D.N.Y. (Signed by Judge John G. Koeltl on 2/28/07)(bw) (Entered: 03/12/2007)
9332007-04-10 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Joshua L. Dratel, PC dated 4/5/07 re: To travel only within the Southern, Eastern and Northern Districts of NY. She respectfully requests to be permitted to travel to the judicial districts discussed below. Ms. Stewart requests permission to travel to Watertown, MA to stay at the home of Virginia Gernes, 13 Oliver Street, Watertown, MA from April 9-11, 2007. On April 24 Ms. Stewart requests permission to travel to Philadelphia, PA returning home on the evening of April 24, in order to attend a benefit, along with Danny Glover and Sonia Sanchez, for Mumia Abu Jamal..JUDGE MEMO-ENDORSEMENT..Application granted. The deft should comply with any requests for reporting on contact information from the Probation Department. SO ORDERED. (Signed by Judge John G. Koeltl on 4/5/07)(jw) (Entered: 04/12/2007)
9342007-05-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge John G. Koeltl from Joshua L. Dratel dated 4/30/2007 re: Deft requests to be permitted to travel to the judicial districts disccussed below: 5/4 - 5/7 from Newark to Sarasota, Fl; 5/11/2007, from JFK to Chicago, IL; 5/12/2007 from Chicago, IL to Holland, MI; 5/16/2007 to Philadelphia, PA; 5/17/2007 return to NY. (see endorsed letter for further details). Endorsement: Application granted. The deft is to comply with any reporting requests bythe Probation Department while she is away. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/2007)(jar) (Entered: 05/04/2007)
9352007-05-17 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry held on 5/4/07 before Judge John G. Koeltl. (tro) (Entered: 05/17/2007)
9362007-06-11 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Joshua L. Dratel, Atty for dft, dated 6/8/07, re: Ms. Stewart is presently permitted to travel only within the S/E/N Districts of New York. She requests to be permitted to travel to the judicial districts discussed herein: on 6/11/07 to Jersey City, NJ; on 6/18 and 6/19 to Boston, MA; and 6/20 to 6/24 to Cape Cod, in Truro, MA. AUSA Andrew Dember opposes request... -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge Robert P. Patterson (Part I) on 6/8/07)(ja) (Entered: 06/14/2007)
9372007-08-01 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow dated 7/27/07 re: submitted to request that the Court order that the attached Order of the Court, dated 6/11/04, be unsealed. Mr. Barkow has communicated with Meredith Heller, counsel for Stewart, David Ruhnke, counsel for Yousry, and Kenneth Paul, counsel for Sattar, and all consent to this request. ENDORSEMENT: The attached June 11, 2004 Order is unsealed. The Government should also provide a copy of this Order to counsel for Sheikh Abdel Rahman. So Ordered. (Signed by Judge John G. Koeltl on 7/30/07)(bw); See unsealed Orders, doc.#938,939, filed on 8/9/07. Modified on 8/9/2007 (bw). (Entered: 08/01/2007)
9382007-08-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. In a letter dated 4/15/04, the Govt requested authorization from the Court to provide counsel for Sheikh Abdel Rahman with copies of certain materials that reflect communications between Sheikh Abdel Rahman and members of his legal team. The materials, which are subject to the Protective Order in this case, including minimized, redacted transcripts of the Prison Recordings and redacted portions of the Yousry Notebooks. The Govt may seek to introduce some or all of the materials in evidence at trial. The Court authorized the disclosure to Sheikh Abdel Rahman's counsel and thereafter directed that any party's objections to the use of the materials should be submitted by 5/11/04. Deft Stewart submitted several binders containing unredacted excerpts from the Prison Recordings and Yousry Notebooks, along with a two-page cover letter. Stewart placed brackets around the material in the binders that she identified as "those matters that she believes represent the attorney work product of those lawyers who represented Sheikh Abdel Rahman." (Ltr. from Jill R. Shellow-Lavine to the Court dated May 11, 2004, at 1.) Stewart futher noted in the cover letter that she felt obligated by the New York Code of Professional Responsibility to object on behalf of her former client, Sheikh Abdel Rahman, to the use of the bracketed material. Stewart served the binders and the cover letter on the Govt wall team, because the binders contained unredacted materials, and she served only a copy of the cover letter on the Govt trial team. In a separate submission, Sheikh Abdel Rahman joins the assertions of work-produce privilege made here by Stewart....[SEE ORDER]... Conclusion: For the reasons explained above, Stewart's application to invoke the work-produce privilege over the Prison Recordings and the Yousry Notebooks is denied. So Ordered. (Signed by Judge John G. Koeltl on 6/11/04) [*** Note: Previously filed under seal on 6/14/04, Seal Envelope #466; Unsealed on 8/1/07, see Endorsed Letter, doc.#937. ***](bw) (Entered: 08/09/2007)
9392007-08-09 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. Sheikh Abdel Rahman has moved to preclude disclosure of the Prison Recordings, the Yousry Notebooks, and the Yousry Interview at trial or otherwise. The Govt opposes the motions, because it intends to introduce some or all of the materials into evidence at trial. Sheikh Abdel Rahman has not moved to intervene in this case, and it is not precisely clear what kind of motion Sheikh Abdel Rahman is attempting to make. The nature of the motion is not dispositive in this case, however, because the asserted basis for the motion has no merit. Sheikh Abdel Rahman moves to preclude the materials at issue on the grounds that they are covered by the attorney-client privilege, but, for the reasons explained below, Sheikh Abdel Rahman does not have an attorney-client privilege in the materials, and would have waived any such privilege in any event as a result of his delay in asserting it....[SEE ORDER]... Conclusion: The Court has considered all of the arguments advanced by the parties, and to the extent they are not discussed above, they are either moot or without merit. For the reasons explained above, Sheikh Abdel Rahman's motion to preclude disclosure of the redacted Prison Recordings, the redacted Yousry Notebooks, and the redacted Yousry Interview is denied. So Ordered. (Signed by Judge John G. Koeltl on 6/11/04) [*** Note: Previously filed under seal on 6/14/04, Seal Envelope #466; Unsealed on 8/1/07, see Endorsed Letter, doc.#937. ***](bw) (Entered: 08/09/2007)
9402007-09-24 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 9/20/07 re: submitted to request permission for Ms. Stewart to travel to Washington, D.C., on Saturday, 9/22/07. Ms. Steward and her husband plan to remain in Washington, D.C., at her brother-in-law's home until Monday, 9/24/07. ENDORSEMENT: Application Granted. (Signed by Judge John G. Koeltl)(bw) (Entered: 09/24/2007)
9412007-09-25 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Joshua L. Dratel, Atty for dft, dated 9/24/07, re: Ms. Stewart was granted permission on 9/21/07 for a trip in order to return her brother-in-law to his home in Washington, D.C. Ms. Stewart had planned to remain in Washington from September 22-24, 2007. Respectfully requests permission to travel with her brother-in-law to Washington, DC 9/25/07 and return to New York on 9/26/07. AUSA Anthony Barkow has not yet responded. -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/24/07)(ja) (Entered: 09/25/2007)
9422007-10-10 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 10/5/07 re: submitted to request permission for Ms. Stewart to travel to the judicial district discussed in this letter. ENDORSEMENT: Application Granted. (Signed by Judge John G. Koeltl on 10/5/07)(bw) (Entered: 10/11/2007)
9432007-11-30 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Joshua L. Dratel, Atty for dft, dated 11/30/07, re: Ms. Stewart requests permission to travel to the judicial districts, including any intermediate districts that may be required, as discussed herein. AUSA Anthony Barkow has previously informed defense counsel that the gov't opposes all travel requests. -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 11/30/07)(ja) (Entered: 11/30/2007)
9442008-01-16 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Joshua L. Dratel dated 1/15/08 re: Permission for deft to travel to the judicial districts indicated. Application granted. So Ordered. (see attached endorsed letter for full text). (Signed by Judge John G. Koeltl on 1/15/08)(pr) (Entered: 01/17/2008)
9462008-01-23 Endorsed LetterENDORSED LETTER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge Koeltl from AUSA Anthony S. Barkow dated 1/17/08 re: submitted with respect to Point C on pages 98 to 100 of the enclosed document, the Government's Sentencing Submission (Docket Entry 854). The Government requests that this Court order that Point C on pages 98 to 100 be filed under seal. ENDORSEMENT: Application granted. Point C, pages 98 to 100, are to be filed under seal. The Court will file this Memo Endorsement in the public file, and file the attached Sentencing Memorandum Under Seal. The Government should assure that the redacted Sentencing Memorandum (with Point C redacted) is filed in the public file. So Ordered. The the extent copy of Docket Entry 854 includes Point C, the Clerk is directed to return it to the Government for filing under seal and a redacted copy should be filed in the public file that does not contain Point C. So Ordered. (Signed by Judge John G. Koeltl on 1/18/08)(bw) (Entered: 01/23/2008)
9472008-02-01 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 1/30/08 re: submitted to request permission for Ms. Lynne Stewart to travel to the judicial districts discussed in this letter. ENDORSEMENT: Application granted. The defendant shall provide Probation with all contact information prior to this trip and any other details Probation requests. (Signed by Judge John G. Koeltl on 1/30/08)(bw) (Entered: 02/01/2008)
9482008-03-17 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Joshua L. Dratel, atty for dft, dated 3/17/08, re: on behalf of Lynne Stewart, request permission to travel: March 20-27 travel to Venice, Florida. AUSA Anthony Barkow opposes this request.... -- Judge endorsed: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/17/08)(ja) (Entered: 03/17/2008)
9492008-04-10 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Joshua L. Dratel dated 4/7/08 re: Request that the deft be permitted to travel to the judicial districts indicated. Application granted subject to whatever reporting requirements the Probation office requests. So Ordered. (Signed by Judge John G. Koeltl on 4/10/08)(pr) (Entered: 04/10/2008)
9512008-05-19 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 5/16/08 re: submitted to request that Ms. Lynne Stewart be permitted to travel to the judicial districts discussed in this letter. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 5/16/08)(bw) (Entered: 05/19/2008)
9522008-09-10 Endorsed LetterENDORSED LETTER: As to Lynne Stewart, addressed to Judge John G. Koetl from Joshua L. Dratel dated 9/4/2008 re: This letter is respectfully submitted on behalf of Lynne Stewart requesting that the conditions of her travel restrictions be modified to allow her to travel outside the designated districts. She is requesting permission to travel to the following locations and dates involved, September 10-11 Arlington Virginia and Charlottesville, Virginia. October 2-7 San Francisco, California. ENDORSEMENT: Application Granted. So ordered. (Signed by Judge John G. Koeltl on 9/8/2008)(D'Avanzo, Daniel) (Entered: 09/10/2008)
9532008-10-14 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge John G. Koetl from Joshua L. Dratel dated 10/10/2008 re: This letter is respectfully submitted on behalf of Lynne Stewart, who this firm represents in the above-entitled case, As the Court will recall, Ms, Stewart is presently permitted to travel only within the Southern, Eastern and Northern Districts of New York. She respectfully requests to be permitted to travel to the judicial districts discussed below. The government, through Assistant United States Attorney Andrew December, has been informed of this request and opposes it. Ms. Stewart will travel to Detroit, Michigan, the morning of October 17, 2008, to attend the National Lawyers Guild Conference. She will be staying at the Detroit Marriott at Renaissance Center. The phone number of the hotel where Ms.Stewart may be reached is (313) 568-800. She will returnOctober 19, 2008.ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 10/10/2008)(D'Avanzo, Daniel) (Entered: 10/14/2008)
9542008-12-03 Endorsed LetterENDORSED LETTER as to Lynne Stewart, addressed to Judge Koeltl, from Joshua L. Dratel, atty for dft, dated 12/2/08, re: Ms. Stewart is presently permitted to travel only within the Southern, Eastern and Northern Districts of New York. She respectfully requests to be permitted to travel to the judicial districts discussed below. The Gov't opposes. Travel to : Philadelphia, PA the morning of 12/6/08 to attend a Murnia Abu-Jamal event which begins at noon. She will return at 6 pm. the same day. -- Judge endorsed: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/2/08)(ja) (Entered: 12/03/2008)
9552009-03-12 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 3/12/09 re: Ms. Lynne Stewart requests permission to travel to the judicial districts discussed below on the dates indicated. [See Letter for details]. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 3/12/09)(bw) (Entered: 03/13/2009)
9562009-04-27 Endorsed LetterENDORSED LETTER: As to Lynne Stewart, addressed to Judge John G. Koetl from Joshua L. Dratel dated 4/27/2009. re: This letter is respectfully submitted on behalf of Lynne Stewart, whom this firm represents in the above-entitled case. Ms. Stewart's bail presently permits her to travel only within the Southern, Eastern, and Northern Districts of New York. She respectfully requests permission to travel to the judicial districts discussed below on the dates indicated. The government, through Assistant United States Attorney Andrew Dember, has been informed of this request and opposes it. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 4/27/2009)(dnd) (Entered: 04/27/2009)
9572009-06-11 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated 6/10/09 re: Ms. Lynne Stewart requests permission to travel to the judicial districts discussed below on the dates indicated. Ms. Stewart's proposed itinerary is as follows: June 13, 2009 - Ms. Stewart will travel to Darien, Connecticut, to meet with film maker Claude Herduin, and potential investor Ron Massie, in connection with a documentary about Ms. Stewart. Ms. Stewart will leave June 13, at 11 a.m., and return at 10 p.m. that evening. Ms. Stewart will meet at Mr. Massie's home. ENDORSEMENT: Application granted. The Court notes the Government's opposition, but any opposition to any modification of a bail condition should explain why the modification is inconsistent with the purposes of bail pending a decision on appeal. So Ordered. (Signed by Judge John G. Koeltl on 6/11/09)(bw) (Entered: 06/11/2009)
9582009-06-26 Sealed DocumentSEALED DOCUMENT placed in vault. (rt) (Entered: 06/26/2009)
9602009-09-01 Endorsed LetterENDORSED LETTER: As to Lynne Stewart, addressed to Judge John G. Koeltl from Joshua L. Dratel dated 8/31/2009. re: This letter is respectfully submitted on behalf of Lynne Stewart, whom this firm represents in the above-entitled case. Ms. Stewart's bail presently permits her to travel only within the Southern, Eastern and Northern Districts of New York. She respectfully requests permission to travel to the judicial districts discussed below on the dates indicated. The government, through Assistant United States Attorney Andrew Dember, has been informed of this request and takes no position. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Gerard E. Lynch Part I on 9/1/2009)(dnd) (Entered: 09/01/2009)
9612009-09-02 Sealed DocumentSEALED DOCUMENT placed in vault. (jri) (Entered: 09/02/2009)
9622009-09-17 Endorsed LetterENDORSED LETTER: As to Lynne Stewart addressed to Judge John G. Koeltl from Joshua L. Dratel dated 9/16/2009. re: This letter is respectfully submitted on behalf of Lynne Stewart, whom this firm represents in the above-entitled case. Ms. Stewart's bail presently permits her to travel only within the Southern, Eastern and Northern Districts of New York. She respectfully requests permission to travel to the judicial districts discussed below on the dates indicated. The government, through Assistant United States Attorney Andrew Dember, has been informed of this request and takes no position. Ms. Stewart's proposed itinerary is as follows:... ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/16/2009)(dnd) (Entered: 09/17/2009)
9632009-10-08 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 10/08/2009)
9642009-10-08 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 10/08/2009)
9662009-10-28 Endorsed LetterENDORSED LETTER: As to Lynne Stewart addressed to Judge John G. Koeltl from Joshua L. Dratel dated 10/28/2009. re: This letter is respectfully submitted on behalf of Lynne Stewart, whom this firm represents in the above-entitled case. Ms. Stewart's bail presently permits her to travel only within the Southern, Eastern, and Northern Districts of New York. She respectfully requests permission to travel to the judicial districts discussed below on the dates indicated. The government, through Assistant United States Attorney Andrew Dember, has been informed of this request and takes no position. ENDORSEMENT: Application Granted. The Court has redacted the cell phone numbers which is available to the Probation Department and the government. SO ORDERED. (Signed by Judge John G. Koeltl on 10/28/2009)(dnd) (Entered: 10/28/2009)
9672009-10-28 Endorsed LetterENDORSED LETTER: As to Lynne Stewart addressed to Judge John G. Koeltl from Joshua L. Dratel dated 10/28/2009. re: This letter is respectfully submitted on behalf of Lynne Stewart, whom this firm represents in the above-entitled case. The Court, October 6, 2009, granted Ms. Stewart's travel request of the same date, and ordered a redacted copy of the Order be filed, pursuant to Rule 49.1, Fed.R.Crim.P. Enclosed please find a redacted copy of the Order. ENDORSEMENT: This letter should be filed. SO ORDERED. (Signed by Judge John G. Koeltl on 10/28/2009)(dnd) (Entered: 10/28/2009)
9682009-11-10 Endorsed LetterENDORSED LETTER: As to Lynne Stewart, addressed to Judge John G. Koeltl from Joshua L. Dratel dated 11/9/2009. re: This letter is respectfully submitted on behalf of Lynne Stewart, whom this firm represents in the above-entitled case. Ms. Stewart's bail presently permits her to travel only within the Southern, Eastern and Northern Districts of New York. She respectfully requests permission to travel to the judicial districts discussed below on the dates indicated. The government, through Assistant United States Attorney Andrew Dember, has been informed of this request and does not object... ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 11/9/2009)(dnd) (Entered: 11/10/2009)
9692009-11-17 OrderORDER as to Lynne Stewart, Mohammed Yousry. In view of the Court of Appeals, the parties should advise the Court whether the Court has the power now to revoke the bail for dfts Stewart and Yousry and to order them to surrender forthwith, or whether the Court must await the issuance of the mandate. The parties should point to any authority. In any event, those dfts should be prepared to surrender forthwith, as directed by the Court of Appeals, whenever the Court has the power to order them to do so. SO ORDERED. (Signed by Judge John G. Koeltl on 11/17/09)(ja) (Entered: 11/17/2009)
9702009-11-17 Notice of Attorney Appearance - USANOTICE OF ATTORNEY APPEARANCE Karl N Metzner appearing for USA. (Metzner, Karl) (Entered: 11/17/2009)
9712009-11-18 Notice of Attorney Appearance - USAFILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE Michael Douglas Maimin appearing for USA. (Maimin, Michael) Modified on 11/19/2009 (jar). (Entered: 11/18/2009)
9722009-11-18 Motion to ContinueFILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Continue and Stay the Surrender. Document filed by Lynne Stewart. (Dratel, Joshua) Modified on 11/19/2009 (db). (Entered: 11/18/2009)
9732009-11-18 Letter - SentencingSentencing Letter by Mohammed Yousry as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge John G. Koeltl from David Stern, Esq. dated November 18, 2009 re: Mohammed Yousry. (Stern, David) (Entered: 11/18/2009)
9742009-11-18 Memorandum in Opposition to MotionFILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Opposition by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry re 972 MOTION to Continue and Stay the Surrender. (Metzner, Karl) Modified on 11/19/2009 (db). (Entered: 11/18/2009)
9752009-11-18 OrderORDER as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry. At the request of the Government and counsel for defendants Stewart and Yousry, the parties' submissions in response to this Court's order earlier today are adjourned. However, any submissions should be made by Wednesday, November 18, 2009 at 2:00 p.m. by facsimile as well as by ECF. As the Court pointed out, the defendants should be prepared to surrender forthwith to begin serving their sentences, as directed by the Court of Appeals, unless the Court lacks the ability to issue such an order. The parties should consider the following cases:...[see Order]... The Court will hold a conference on December 2, 2009 at 10:30 a.m. to consider the issues and schedule with respect to defendant Stewart's resentencing. At this points, it appears that these issues should be decided before the Court considers whether to resentence defendants Yousry and Sattar in accordance with the decision of the Court of Appeals that this Court has "the ability, if not the obligation, to resentence them as well." Because the initial proceeding will involve defendant Stewart, she and her attorney should be present. Counsel for the remaining defendants are also welcome to be present, but it is not necessary to produce the remaining defendants at this time. The Court will also accept any submissions by the other defendants. So Ordered. (Signed by Judge John G. Koeltl on 11/17/09)(bw) (Entered: 11/18/2009)
9762009-11-18 OrderMEMORANDUM OPINION AND ORDER as to Lynne Stewart, Mohammed Yousry. The Court of Appeals for the Second Circuit "directed" the Court "to order [defendants] Stewart and Yousry to surrender forthwith to begin serving their terms of incarceration." United States v. Stewart, No. 06 5015 Cr., 2009 WL 3818860, at *52 (2d Cir. Nov. 17, 2009). However, the mandate has not yet issued from the clerk of the Court of Appeals. Even though the mandate has not issued, this Court "retains jurisdiction over the person of the defendant at least for the limited purposes of reviewing, altering or amending the conditions under which th[e] court released the defendant."...[see Order]... Defendant Stewart has indicated that she plans to file a motion reconsideration with the Court of Appeals seeking a stay of the Court of Appeals' direction that this Court revoke Stewart's bail and order her immediate surrender. She represents that the motion will be filed today or tomorrow. Both defendants Stewart and Yousry have raised the issue whether the Court's order of their immediate surrender would unfairly preclude them from surrendering to a facility designated by the Bureau of Prisons, which will affect their security classifications while confined, and whether this conflicts with the terms of the original Judgments, which allowed voluntary surrender. However, any objections to the direction of the Court of Appeals should be raised with that Court. Therefore, the bail of defendants Stewart and Yousry is revoked and defendants Stewart and Yousry are ordered to surrender to the United States Marshal forthwith, but, in order to allow the Court of Appeals to consider any application for a stay, this Court stays this Order until Thursday, November 19, 2009 at 5:00 p.m. to allow the defendants to make an application for a further stay to the Court of Appeals. So Ordered. (Signed by Judge John G. Koeltl on 11/18/09)(bw) (Entered: 11/19/2009)
9772009-11-20 Endorsed LetterENDORSED LETTER: As to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry addressed to Judge John G. Koeltl from Karl Metzner dated 11/19/2009. re: The Government submits this letter to request that the Court designate this case as one subject to the Court's Electronic Filing System or ECF system for future submissions. ENDORSEMENT: Application Granted. Case designated ECF. SO ORDERED. (Signed by Judge John G. Koeltl on 11/19/2009)(dnd) (Entered: 11/20/2009)
9782009-11-20 Motion to ContinueMOTION to Continue and Stay the Surrender. Document filed by Lynne Stewart. (Dratel, Joshua) (Entered: 11/20/2009)
9792009-11-24 USCA Order Non-DismissalORDER of USCA (Certified Copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 903 Notice of Appeal - Final Judgment, 905 Notice of Appeal - Final Judgment, 904 Notice of Appeal - Final Judgment, 883 Notice of Appeal - Final Judgment, 882 Notice of Appeal - Final Judgment, 886 Notice of Appeal - Final Judgment USCA Case Number 06-5015-cr(L). Appellant Lynne Stewart moves for "Reconsideration of Forthwith Surrender," and an emergency stay of forthwith surrender pending the resolution of this motion for reconsideration. Appellant Mohammed Yousry moves for an "immediate stay of [the Court`s] Order directing the district court to order his forthwith surrender...," and a stay pending further consideration of this motion. The Government has filed a memorandum in opposition to the motions together with a letter from the Federal Bureau of Prisons. Upon consideration, IT IS HEREBY ORDERED that, based in part upon the assertions contained in the submissions of the Government, the motions are DENIED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 11/19/2009. (nd) (Entered: 11/24/2009)
9802009-11-30 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 11/30/2009)
9812009-11-30 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 11/30/2009)
9822009-12-01 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 12/01/2009)
9832009-12-01 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 12/01/2009)
9842009-12-01 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The hearing in this matter will take place on Wednesday, December 2, 2009 at 10:30am in Courtroom 23A, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Signed by Judge John G. Koeltl on 12/1/09)(jw) (Entered: 12/01/2009)
9852009-12-02 OrderORDER as to Lynne Stewart. As stated on the record at today's conference, the Probation Department will complete a preliminary updated presentence report to be sent to the parties by February 5, 2010. The final presentence report will be submitted to the Court by February 19, 2010 to allow the Probation Department to consider any objections the parties may have. The parties' sentencing submissions are to be simultaneously submitted and are due by March 12, 2010. The parties' replies are due by March 29, 2010. Sentencing is scheduled for April 22, 2010 at 4:30 p.m. So Ordered. (Signed by Judge John G. Koeltl on 12/2/09)(bw) (Entered: 12/02/2009)
9862009-12-04 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 12/04/2009)
9872009-12-07 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. Counsel for defendant Stewart and the Government inquired as to the documents filed under seal in the Docket, Docket Nos. 980, 981, 982, and 983. Docket Nos. 982 and 983 relate to Criminal Justice Act matters and are appropriately filed under seal. The reason for sealing Docket No. 980 no longer exists and the Court will unseal Docket No. 980. The Clerk is directed to unseal and file Docket No. 980. The only reason to seal Docket No. 981 is the existence of the prisoner identification number for defendant Sattar. This is the type of personal identifying information that should be redacted before filing. Therefore, counsel for defendant Sattar should file a copy of the Court's November 24, 2009 Order, Docket No. 981, with the defendant's prisoner identification number redacted. The Clerk is directed to accept for filing the redacted Order. SO ORDERED. (Signed by Judge John G. Koeltl on 12/4/09)(bw) (Entered: 12/07/2009)
9902009-12-09 Redacted DocumentREDACTION byAhmed Abdel Sattar as toAhmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry (Paul, Kenneth) (Entered: 12/09/2009)
9912010-01-04 TranscriptTRANSCRIPT of Proceedings as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry held on 12/2/2009 before Judge John G. Koeltl. (mbe) (Entered: 01/06/2010)
9932010-02-09 OrderORDER as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. The Court received the attached letter from defense counsel regarding whether a mandate has been issued by the Court of Appeals in this case. The docket sheet does not reflect that a mandate has been returned to the District Court and the parties request that submissions be stayed pending issuance of the mandate. The Court will require prompt submissions once the mandate is issued. At this point, the Court will stay submissions pending issuance of the mandate. The parties should advise the Court of Appeals of this Order. So Ordered. (Signed by Judge John G. Koeltl on 2/8/2010)(bw) (Entered: 02/09/2010)
9942010-02-09 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Attorney Joshua L. Dratel dated February 9, 2010 re: Given that Ms. Elizabeth M. Fink will be handling Ms. Stewart's re-sentencing, and conscious of the need to conserve CJA resources (and the Court's appropriate sensitivity to that as well), it is respectfully requested that I be relieved as counsel for Ms. Stewart. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 2/9/2010)(bw) (Entered: 02/09/2010)
9952010-02-19 Endorsed LetterENDORSED LETTER: As to Lynne Stewart addressed to Judge John G. Koeltl from Elizabeth M. Fink dated 2/19/2010. As this Court is aware on February 9, 2010, Joshua L. Dratel moved to withdraw as counsel for Lynne Stewart in the above-referenced matter. At the same time, he similarly moved to be relieved in the Court of Appeals and to have me substituted as CJA appellate counsel for Ms. Stewart. Accordingly, I would ask that this Court issue an order identifying me as CJA counsel of record so that I can be listed on the docket and so that the Court of Appeals can expeditiously approve the substitution of counsel. ENDORSEMENT: Ms. Fink should be listed as counsel for the District Court docket sheet. SO ORDERED. (Signed by Judge John G. Koeltl on 2/19/2010)(dnd) (Entered: 02/19/2010)
9962010-02-22 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 02/22/2010)
9972010-02-23 USCA Mandate - Final Judgment AppealMANDATE of USCA (certified copy) as to Ahmed Abdel Sattar, Lynne Stewart, Mohammed Yousry re: 904 Notice of Appeal - Final Judgment, 903 Notice of Appeal - Final Judgment, 882 Notice of Appeal - Final Judgment, 905 Notice of Appeal - Final Judgment, 883 Notice of Appeal - Final Judgment, 886 Notice of Appeal - Final Judgment, USCA Case Number 06-5015-cr(L), 06-5031-cr(con), 06-5093-cr(Con), 06-5131-cr(con), 06-5135-cr(con), 06-5143-cr(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED and REMANDED for resentencing in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 2/23/2010. (nd) (Entered: 02/24/2010)
9982010-02-24 Notice of Attorney Appearance - USANOTICE OF ATTORNEY APPEARANCE Andrew Seth Dember appearing for USA. (Attachments: # 1 Notice of appearance)(Dember, Andrew) (Entered: 02/24/2010)
9992010-02-24 OrderORDER: As to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry Because the Government advises the mandate has issued, the parties should proceed expeditiously with the preparations for sentencing. The Probation Department should complete a preliminary updated presentence report to be sent to the parties by April 9, 2010. The final presentence report should be submitted to the Court by April 23, 2010 to allow the Probation Department to consider any objections the parties may have. The parties' sentencing submissions are to be simultaneously submitted and are due by May 21, 2010. The parties' replies are due by June 4, 2010. Sentencing is scheduled for June 29, 2010 at 4:30 p.m. While the Government sought a conference, the Court sees no need for a conference. The dates are based on the times in the prior schedule. If there is a problem, the parties should advise the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 2/24/2010)(dnd) (Entered: 02/24/2010)
10012010-03-03 OrderORDER: As to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. In response to the defense request for an adjournment reflected in the attached correspondence, the Court will adjust the schedule modestly to accommodate the trial schedule of defense counsel and the need to address any additional issues: 1. June 4, 2010: Time for the defendant and the Governmentto make sentencing submissions. 2. June 21, 2010: Time for both parties to make responsive submissions. 3. July 15, 2010, at 2:30 p.m.: Sentence Date.The schedule provides a fair procedure and ample time for preparation and submission of papers. SO ORDERED. (Signed by Judge John G. Koeltl on 3/3/2010)(dnd) (Entered: 03/03/2010)
10022010-05-04 OrderORDER as to Lynne Stewart. It is hereby ordered that because of the anticipated length of the sentencing proceeding in this case, CJA attorney(s) may submit interim vouchers for representation of his/their client.... (Signed by Judge John G. Koeltl on 4/1/2010)(ja) (Entered: 05/25/2010)
10032010-05-25 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 05/25/2010)
10042010-05-25 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 05/25/2010)
10052010-05-25 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 05/25/2010)
10062010-05-25 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 05/25/2010)
10072010-06-08 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 06/08/2010)
10082010-06-08 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 06/08/2010)
10092010-06-08 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 06/08/2010)
10102010-06-11 Sentencing MemorandumSENTENCING MEMORANDUM by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (Maimin, Michael) (Entered: 06/11/2010)
10112010-06-11 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart. (Attachments: # 1 Exhibit A - Affirmation of Michael E. Tigar, # 2 Exhibit B - Letter from Ramsey Clark, # 3 Exhibit C - Clark SAMs Violation Chart, # 4 Exhibit D -Jabara SAMS Violation Chart, # 5 Exhibit E - Legal Telephone Call Chart, # 6 Appendix Yousry Notebook Appendix, # 7 Appendix Legal Telephone Calls Vol 1-1, # 8 Appendix Legal Telephone Calls Vol 1-2, # 9 Appendix Legal Telephone Calls Vol 2-1, # 10 Appendix Legal Telephone Calls Vol 2-2, # 11 Appendix Legal Telephone Calls Vol 3-1, # 12 Appendix Legal Telephone Calls Vol 3-2, # 13 Appendix Legal Telephone Calls Vol 4-1, # 14 Appendix Legal Telephone Calls Vol 4-2, # 15 Appendix Legal Telephone Calls Vol 4-3, # 16 Appendix Legal Telephone Calls Vol 4-4, # 17 Appendix Legal Telephone Calls Vol 5-1, # 18 Appendix Legal Telephone Calls Vol 5-2)(Fink, Elizabeth) (Entered: 06/11/2010)
10122010-06-11 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart. (Fink, Elizabeth) (Entered: 06/11/2010)
10132010-06-14 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 06/14/2010)
10142010-06-15 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 06/15/2010)
10152010-06-16 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge Koeltl from Elizabeth M. Fink dated 6/15/2010 re: Please accept this letter as a request for a four-day extension to file our reply papers in the instant matter. Our papers are now due June 21, 2010. We ask that this Court permit us to file on June 25, 2010. The government takes no position on our request for an extension of time. We are not requesting an adjournment of the sentence scheduled for July 15, 2010...ENDORSEMENT...Sentencing remains: July 15, 2010 at 2:30pm. Both parties submission due June 25, 2010. SO ORDERED. (Signed by Judge John G. Koeltl on 6/15/2010)(jw) (Entered: 06/16/2010)
10162010-06-23 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 06/23/2010)
10172010-06-25 Sentencing MemorandumSENTENCING MEMORANDUM by USA as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (Maimin, Michael) (Entered: 06/25/2010)
10182010-06-26 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart as to Ahmed Abdel Sattar, Yassir Al-Sirri, Lynne Stewart, Mohammed Yousry. (Fink, Elizabeth) (Entered: 06/26/2010)
10192010-06-29 OrderORDER as to Lynne Stewart. The Clerk is hereby directed to add Jill R. Shellow, Esq. to the docket sheet in this case as an attorney for Ms. Stewart. SO ORDERED. (Signed by Judge John G. Koeltl on 6/25/2010)(ja) (Entered: 06/29/2010)
10202010-07-06 OrderORDER as to Lynne Stewart. If the parties have an electronic copy of the trial transcripts and exhibits (including the transcripts of the prison visits and telephone calls), the parties are requested to provide it to the Court promptly. Only one copy is necessary and the parties should consult on providing it to the Court. So Ordered. (Signed by Judge John G. Koeltl on 7/6/2010)(bw) (Entered: 07/06/2010)
10212010-07-07 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 07/07/2010)
10222010-07-07 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 07/08/2010)
10232010-07-13 OrderORDER as to Lynne Stewart. Based on the representations before the Court, the application by Ms. Fink to withdraw as counsel for Ms. Stewart is granted with the consent of Ms. Stewart. Ms. Shellow will continue as counsel. Sentencing will proceed as scheduled on July 15, 2010. The Court will file redacted copies of the correspondence from the parties and the Court's previous Orders regarding Ms. Fink's withdrawal, which no longer need to remain under seal. SO ORDERED. (Signed by Judge John G. Koeltl on 7/13/2010)(ja) (Entered: 07/13/2010)
10242010-07-14 OrderORDER as to Lynne Stewart. The Court has received the defense submission dated July 13, 2010. The Court had established a deadline for submissions and reply submissions and this submission is untimely. However, the revised Pre-Sentence Report was issued after the deadlines for the original briefing and therefore some supplemental letter was appropriate and the Court will therefore consider this submission. However, the letter indicates that the defense intends to submit additional letters to the Court at the time of sentencing for inclusion in the record. Any additional letters should be submitted to the Court and the Government today so that they can be considered. The letter also includes a letter from the Society of American Law Teachers. In a footnote, the defense letter raises a question whether the letter had previously been sent directly to chambers. The Court did receive a copy of that letter, but the Court has made it clear that any letters sent directly to chambers would not be considered in connection with sentence and that any letter any party wished to be considered should be sent to the Court through counsel with a copy to the other side. The Court has not considered any letters sent to chambers and does not forward them to the parties. Because the defense wishes the Court to consider this letter, it was appropriately included with the defense submission. SO ORDERED. (Signed by Judge John G. Koeltl on 7/14/2010)(jw) (Entered: 07/14/2010)
10252010-07-14 OrderORDER as to Lynne Stewart. The Court files the attached redacted copies of correspondence from the parties and the Court's previous Orders regarding Ms. Fink's withdrawal as counsel, which no longer need to remain under seal. SO ORDERED. (Signed by Judge John G. Koeltl on 7/13/2010)(jw) (Entered: 07/14/2010)
10262010-07-14 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 07/14/2010)
10272010-07-14 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 07/14/2010)
10292010-07-15 Endorsed LetterENDORSED LETTER as to Lynne Stewart addressed to Judge John G. Koeltl from Kenneth A. Paul dated 7/14/2010 re: Counsel writes to request that he be provided with seating near the front of the courtroom during the 7/15/2010 proceedings. ENDORSED: Counsel should be provided with seating near the front of the courtroom. So Ordered. (Signed by Judge John G. Koeltl on 7/14/2010)(ab) (Entered: 07/15/2010)
10312010-07-20 Letter - SentencingFILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - Sentencing Letter by Lynne Stewart addressed to Judge John G. Koeltl from Jill R. Shellow dated July 12, 2010 re: Letters of Support. (Attachments: # 1 Letters from Supporters - Redacted)(Shellow-Lavine, Jill) Modified on 7/21/2010 (KA). (Entered: 07/20/2010)
10322010-07-20 Letter - SentencingFILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - Sentencing Letter by Lynne Stewart addressed to Judge John G. Koeltl from Jill R. Shellow dated July 14, 2010 re: Letters of Support. (Attachments: # 1 Letters from Supporters - Redacted (Second Batch))(Shellow-Lavine, Jill) Modified on 7/21/2010 (KA). (Entered: 07/20/2010)
10332010-07-20 Letter - SentencingFILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - Sentencing Letter by Lynne Stewart addressed to Judge John G. Koeltl from Jill R. Shellow dated July 14, 2010 re: Letters of Support. (Attachments: # 1 Letter from Geoffrey Stewart)(Shellow-Lavine, Jill) Modified on 7/21/2010 (KA). (Entered: 07/20/2010)
10342010-07-20 Letter - SentencingFILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - Sentencing Letter by Lynne Stewart addressed to Judge John G. Koeltl from Jill R. Shellow dated July 13, 2010 re: Additional Matters. (Attachments: # 1 Appendix of Exhibits)(Shellow-Lavine, Jill) Modified on 7/21/2010 (KA). (Entered: 07/20/2010)
10352010-07-21 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart. (Attachments: # 1 Letters from Supporters - Redacted)(Shellow-Lavine, Jill) (Entered: 07/21/2010)
10362010-07-21 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart. (Attachments: # 1 Letters from Supporters - Redacted (Second Batch))(Shellow-Lavine, Jill) (Entered: 07/21/2010)
10372010-07-21 Sentencing MemorandumSENTENCING MEMORANDUM by Lynne Stewart. (Attachments: # 1 Letter from Geoffrey Stewart)(Shellow-Lavine, Jill) (Entered: 07/21/2010)
10382010-07-29 OrderORDER as to Lynne Stewart. In preparing the Judgment, the Court corrected the date that the Court ordered the defendant to surrender to "November 19, 2009." At sentencing, the Court had erroneously stated the date as "November 19, 2010." (Tr. at 4.) (Signed by Judge John G. Koeltl on 7/28/2010)(bw) (Entered: 07/29/2010)
10392010-07-29 Endorsed LetterENDORSED LETTER as to (S1-02-Cr-395-03) Lynne Stewart addressed to Judge John G. Koeltl from Attorney Jill R. Shellow dated July 29, 2010 re: I write as counsel for Lynne Stewart, to respectfully advise the Court that in light of the fact that the Judgment incorporating the sentence imposed on July 15, 2010 has not yet been entered on the Court docket, the defendant is considering filing a Motion to Re-Consider and requests that the docketing of the Judgment be postponed to permit counsel time to consult with Ms. Stewart. ENDORSEMENT: The Court signed the judgment yesterday, July 28, 2010, and the judgment has already been input into the system according to the Deputy. The Court also issued an Order pointing out an error in a date that the Court corrected in preparing the judgment. That Order appears in the docket sheet. The Court will not recall the judgment. So Ordered. (Signed by Judge John G. Koeltl on 7/29/2010)(bw) (Entered: 07/30/2010)
10402010-07-30 TranscriptTRANSCRIPT of Proceedings as to Lynne Stewart held on July 15, 2010 2:35 p.m. before Judge John G. Koeltl. (ajc) (Entered: 08/02/2010)
10412010-07-29 JudgmentFILED JUDGMENT IN A CRIMINAL CASE as to Lynne Stewart (3), Count(s) 1, 2, 4, 5, Count dismissed on the motion of the U.S.; Found guilty to Count(s) 1s, 4s, 5s, 6s-7s, Imprisonment for a total term of 120 Months, to be imposed as follows: 120 Months on count 5, and 60 months on counts 1,4,6 and 7, all to run concurrently. This is a resentence of the defendant, who was originally sentenced on October 16, 2006. Supervised release for a term of 2 Years to run concurrently on counts one, four, five, six and seven. The court makes the following recommendations to the Bureau of Prisons: That the defendant be incarcerated at FCI Danbury, CT, so that she can be close to her family. That the defendant be designated Care Level 2 by the Bureau of Prisons and, to the extent possible, her care continue to be monitored by Dr. Glover. Special Assessment of $500 which is due immediately. (Signed by Judge John G. Koeltl on 7/29/2010)(jw) (Entered: 08/03/2010)
10422010-08-04 Sealed DocumentSEALED DOCUMENT placed in vault. (cb) (Entered: 08/05/2010)
10432010-07-26 Notice of Appeal - Final JudgmentNOTICE OF APPEAL by Lynne Stewart from 1041 Judgment. (nd) (Entered: 08/06/2010)
10442010-07-26 Transcript RequestTRANSCRIPT REQUEST FORM B Filed by Lynne Stewart. No Transcript is being ordered. (nd) (Entered: 08/06/2010)
10452010-09-24 OrderORDER as to Lynne Stewart: The Court recommends to the BOP that the defendant continue to be held at the MCC during the pendency of her appeal so that the defendant can continue to assist with her appeal and so that she continue to receive continuity of care from Dr. Glover at the MCC. The Government is requested to convey this recommendation to the BOP. (Signed by Judge John G. Koeltl on 9/24/2010)(ab) (Entered: 09/24/2010)
10462010-09-29 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 09/29/2010)
10472010-10-06 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 10/06/2010)
10482010-11-02 Sealed DocumentSEALED DOCUMENT placed in vault. (nm) (Entered: 11/02/2010)
10502012-10-04 USCA Mandate - Final Judgment Appeal
10522013-05-13 Order
10532013-05-14 Sealed Document
10542013-05-17 Order
10552013-05-20 Sealed Document
10562013-06-03 Order
10572013-06-04 Sealed Document
10582013-06-07 Order
10592013-06-19 Sealed Document
10602013-07-29 Endorsed Letter