Sunday, August 07, 2005

Do the Crime; Do the Time

Mohamed Yousry, an Arabic-language translator, has been practicing for life in a prison cell. He closes himself into small spaces to meditate and combs through his library for nonpolitical books he supposes his keepers will allow him to read.

But he still cannot quite believe that prison is where he is going.

After working for nearly a decade as a translator for Lynne F. Stewart, a New York defense lawyer, Mr. Yousry, 49, was convicted along with her on Feb. 10 in Manhattan federal court of providing material aid to terrorism and conspiring to deceive the government. Now free on bail and awaiting sentencing, which is set for Sept. 30, he faces as much as 20 years behind bars.

Although months have passed since the verdict, Mr. Yousry remains shocked and baffled by it. Throughout the grueling nine-month trial, Mr. Yousry and his lawyers were convinced that he had a strong chance of acquittal.

The charges hinged on Ms. Stewart's provocative legal strategy on behalf of a convicted terrorist client, Sheik Omar Abdel Rahman, in which she defied a prison rule that restricted communications by releasing messages from him to the international press and to his militant followers in Egypt.

Mr. Yousry's lawyers, David Ruhnke and David Stern, showed in court that he took no actions on his own to help the sheik politically and did his translation work based on instructions he received from Ms. Stewart and other lawyers for Mr. Abdel Rahman, a blind Muslim cleric who is serving a life sentence in federal prison for conspiring to bomb landmarks in New York City.

Mr. Yousry's case seemed particularly solid, because unlike Ms. Stewart, he never signed documents pledging to abide by prison regulations. Mr. Yousry's lawyers specified that it was up to Ms. Stewart, as the lawyer, to see that her staff complied with the rules.
Sorry, but if you know that someone is violating the rules, and then do nothing about it, you too can be part of the crime. I have no sympathy for Yousry, except that he thought his lawyers could get him acquitted. That wasn't going to happen, not with the nearly airtight case against Stewart and his 10 years of work for Stewart before then. His best chance would have been to cut a deal on the case.
Andrew Dember, an assistant United States attorney, assailed the defense arguments as "nonsense!" in his closing summation. "He knew the restrictions, what they consisted of, and he was aware of the fact that he was doing wrong because of those restrictions. He knew full well that he was bound by the restrictions himself."

He added later, "Clearly, obviously, Ms. Stewart and Mr. Yousry know what they're doing is improper, illegal, criminal."

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