WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. November 25, 2004: White Plains’ own Elena Sassower, the Executive Director of the Center for Judicial Accountability in White Plains, is spending Thanksgiving Day in jail in the Nation’s Capitol, denied release to visit her family today.
White Plains Elena Sassower serving her 151st day in a Washington, D.C. jail. Her crime: asking a Senator a question. Photo Capture by WPCNR News from Center for Judicial Accountability website.
Ms. Sassower, in jail in Washington, D.C. since June 29, 2004, has been spending each day in virtual solitary confinement, not allowed to make phone calls, denied library privileges, according to her mother. She was not even allowed to receive even a visit from her mother, Doris Sassower and her sister last Monday.
On Wednesday, the latest in a series of denials of Ms. Sassower’s release came down from Judge Brian Holeman, her sentencer. According to the Center for Judicial Accountability:
Judge Holeman, filed his Order, dated November 23, 2004, in which he DENIED Elena’s pro bono lawyers’ motion, filed on October 26, 2004 “To Correct an Illegal Sentence” and “request for a hearing” to establish the basis for her detention. Further information will await a report by Elena’s pro bono counsel as to their intended strategy, which will be announced after a meeting of a coalition of supporting pro bono defense counsel law firms next Tuesday, November 30, 2004.
151 Days for Asking a Question of a Senator.
Ms. Sassower is serving a six month sentence for Disruption of Congress. It is anticipated, her mother reports, she will be released Christmas Day. Ms. Sassower was convicted of disrupting congress when she asked the Chair of the Senate Judicial Commitee to speak at a confirmation of judges hearing in May 2003.
She was jailed on June 28 of this year, when she refused to apologize to Judge Brian Holman, who refused her a suspended sentence and doubled her punishment for her refusal to apologize and cease her advocacy activities. The Judge also rejected her request to remain free pending appeal.
Here is an excerpt from the original WPCNR report that broke this story:
Citizen Arrested for Addressing a Senate Committee. Tried. Convicted. Jailed.
That hearing was on
However, Senator Chambliss adjourned the hearing after two hours of favorable testimony towards Judge Wesley without any inquiry by Senator Chambliss “as to whether anyone present wished to be heard. At this point, Elena Sassower rose to speak and asked,
“Mr. Chairman, there’s citizen opposition to Judge Wesley based on his documented corruption as a New York Court of Appeals Judge, May I testify?”
According to the CJA, “Within eight seconds, Ms. Sassower was thereupon taken out, arrested, handcuffed behind her back, incarcerated for 21 hours, during which she was held incommunicado, and criminally prosecuted for disruption of congress.”
In April of 2004, Ms. Sassower was tried before Judge Brian F. Holeman in District of Columbia Superior Court. The trial lasted a week before a jury and Ms. Sassower was convicted, and returned to
When WPCNR received the news release of Ms. Sassower’s impending sentencing May 31, this reporter reviewed it and automatically assumed Ms. Sassower since she appeared not to have threatened the committee in any way, would have received probation or a fine, or a plea bargain of some sort.
I reread the news release Thursday and called to see how the case came out, and was shocked to learn Ms. Sassower had been given a sentence of six months in jail last Monday. (June 28).
The Center for Judicial Accountability calls the charges “spurious and concocted” and plans to appeal based on the trial court’s many “reversible errors.”
Malicious Prosecution?
The Center feels Ms. Sassower’s sentence is harsh because other protestors at a Senate Committee hearing were let off with no punishment whatsoever May 7 at a hearing of the Senate Armed Services Committee who interrupted the hearing by shouting out for Defense Secretary Rumsfeld to be fired and unfurled a “FIRE RUMSFELD” banner. They were not arrested, according to the CJA.
As reported only in the CitizeNetReporter, the conditions for her release (no jail time) were:
1. Being placed on probation for two years.
2. Ceasing electronic, verbal and other communication with NY Senators Clinton and Schumer for two years.
3. To stay away from all Capitol office buildings.
4. Requiring her to report all her activities as Coordinator of the Center for Judicial Accountability for two years.
5. Do 400 hours of community service.
6. Write letters of apology to Senators Clinton and Schumer and their staffers as well as Judge Wesley (the nominee she sought to present opposition testimony).
In contrast to Ms. Sassower’s treatment, Guy Vellella, the New York State Senator convicted of attempting to solicit bribes, is possibly spending Thanksgiving with his family, because he has been sprung, pending appeal of his being sent back to jail. Mr. Vellella is appealing the order sending him back to the hoosegow. Vellella was released after serving three months of a one year sentence for his bribe conviction, less time than Ms. Sassower has served for asking a Senator a polite question.
Ms. Sassower’s plight has been ignored by all media with the exception of the White Plains CitizeNetReporter and the Philadelphia Inquirer.
Recently the New York Times did a short piece on Ms. Sassower’s incarceration, but reported the circumstances of her “disruption” erroneously, distorting the nature of her “crime.” The Times article on Ms. Sassower reported she had made her comments to the Senator chairing the hearing during the hearing. This is not true. She made her comment after the Senator had closed the hearing without asking if any one else wished to comment.
The Silent Struggle to Free Elena Sassower
Here are the efforts to date that have been waged pro bono to free Ms. Sassower, as detailed by the Center for Judicial Accountability website (www.judgewatch.org).
Legal Steps since pro bono counsel took over the case:
Exactly two months ago on September 23, 2004, the DC Court of Appeals again denied, without reasons, an emergency motion by Elena’s new pro bono counsel for a stay pending appeal, filed earlier that day, unopposed by the Government, of the balance of her unprecedented six month sentence, so as to release her, after she had served 92 days in prison, the full sentence as originally first pronounced by Judge Holeman at his June 28, 2004 sentencing of Elena. The Court stated, however, that this was, without prejudice to refiling the application before DC Superior Court Judge Holeman.
Accordingly, the stay motion was immediately refiled before Judge Holeman. Notwithstanding this gave him one more chance to rectify the grave injustice he had committed, Judge Holeman, the very next day, Friday, September 24, 2004, likewise DENIED the requested stay, without reasons.
On October 6, 2004, an “EMERGENCY APPEAL” to review Judge Holeman’s denial was filed once more with the DC Court of Appeals. Once again, without any decision adjudicating the specific legal arguments made by Elena’s counsel, its order affirmed Judge Holden’s denial of stay pending appeal relief.
Again, the denial order was contrary to law and fact, and notwithstanding that the motion for stay relief was unopposed by the prosecuting US attorneys, albeit subject to limitations therein requested by them, including a stay away provision to bar her from 16 sites constituting the DC Capitol complex, including the Library of Congress and the US Supreme Court. Such would have treated her, without a shred of basis, as if she were a terrorist, instead of the patriotic, law-abiding, public-spirited citizen she is.
On October 26, 2004, Elena’s pro bono counsel made a new motion in the nature of habeas corpus under DC Code §23-110 “to correct an illegal sentence” and calling for her immediate release. This motion compels the Court “to grant a prompt hearing … and make findings of fact and conclusions of law” based on substantial constitutional and statutory arguments mandating such relief.
Shamefully defending the indefensible, the government, after being given ten days to respond to this emergency motion, has protected Judge Holeman by opposing this latest motion, even though their pre-sentence recommendation was for NO JAIL TIME and even though they had consented to her release after she had served her original 92 day-sentence. Should this latest motion, still pending before Judge Holeman, who may hold up his decision indefinitely, knowing Elena is behind bars throughout, be denied by the DC Courts, the next stop will be the US Supreme Court.
Judge Holeman, filed his Order, dated November 23, 2004, in which he DENIED Elena’s pro bono lawyers’ motion, filed on October 26, 2004 “To Correct an Illegal Sentence” and “request for a hearing” to establish the basis for her detention. Further information will await a report by Elena’s pro bono counsel as to their intended strategy, which will be announced after a meeting of a coalition of supporting pro bono defense counsel law firms next Tuesday, November 30, 2004.
Elena Sassower is being represented and aided by a team of constitutional law specialists from well-respected DC law firms, led by world-renowned DC criminal defense lawyers, Lewin & Lewin and Rothwell, Figg, Ernst and Manbeck.
To Send Mail or Contact Ms. Sassower in Prison:
___________________________________________
Mail address for Elena Sassower as follows:
Prisoner #301-340 at CTF, 1901 E Street SE, Washington DC 20003; e-mail copies for posting to [email protected] To schedule press interviews at the Jailhouse, tel: (202) 547-7822, ext. 2345.
___________________________________________