Sunday, May 11, 2008

appeal Two

In this appeal, Tommy Silverstien elaborates on the harshness of his conditions and cites other cases.

Silverstein, Thomas
Part A - Reason for Appeal.

As typical, for the last 23 years, this Administration (BOP) continues to justify my severe isolation based on my history, out ignores the Court rulings I've cited along with my 19 year clean conduct past.
The Warden decided to pass the whip of punishment / responsibility onto the Regional Director, who will predictably follow suit. So the question is when exactly will my exemplary record be considered and at what point in time will I be released from Solitary Confinement, or is it a mute point since it doesn't matter to Prison officials how good my behavior is, I'm not getting out of Isolation. If this is the case, its rather inept and counter productive of this administration to torture me for good conduct, rather than encourage it with more privileges, On the contrary as stated earlier in B.P.9, my treatment.situation went from bad to worse, since my transfer from U.S.P. Leavenworth to Florence Max. When all I earned the past 23 years was confiscated! Recently they went to the extreme of actually building a door between the only other prisoner on this four box car tier that I am confined on. Pie has been the only prisoner I been able to speak with since 1983, although we can't see each other! The door prevents us from shouting to each other - which I suspect is the diabolical intent! This all shows that they're seriously not concerned with any legitimate penological interest. This reflects an obvious abuse of Administrators authority / discretion, and a retaliatory vendetta that was boasted about by one BOP official publicly as stated in my BP9.
As for my so called "semi, annual 6 month reviews" they're an obvious sham! There aren't any meaningful standards to determine whether I can be released into general population. Its just a futile process,(evident by my clean record v my current treatment / confinement) for prisoncrats to use - misuse in order to disguise their maltreatment - giving the false illusion to continue what they are doing, just because of a "review" twice yearly, what do these "reviews" consist of? Who exactly has the power to release, and what more can I do that I've not already demonstrated, with 18 long years of good behavior.
The Wardens at Leavenworth granted more privileges through the years that I never violated, yet they were arbitrarily, "maliciously" taken from me. I charge maliciousness due to the irrefutable fact that administrators knew what all I was allowed at U.S.P. Leavenworth. But instead of moving me to where I could maintain my earned status, with good behavior, however I was exiled unexpectedly to one of the most secure and repressive cell units at Florence. If not the worst in the B.O.P! As my history and the B.O.P. rhetoric that accompanies it spare me the sensationalised, paraphrase Hype used to create a monster in order to justify atrocious isolation - truth be told, this governing body released far more dangerous and despicable prisoners than me to the street and to less secure prisons who have informed on others for B.O.P. Government agents and Prosecutors. So my criminal history shouldn't be the sole determining factor, nor should B.O.P. be able to single me out for personal retribution since they can't kill me, contrary 10 informers who get what they want from squealing, I earned what I sot the old fashioned way... With good behavior: so I appreciate it more, afterv23 years I would think B.O.P. officials would have found a new boogie man to fear and crucify by now. It's rather pathetic the way they still act like petrified school girls frightened by a 54 year old man, as though the slightest inch of freedom I get I will harm someone.
Even further frustrating, this is decided by people 1 don't even know, and they judge me on. something I did 23 years ago and they haven't a clue as to who I am today! Nor should I be held accountable for others fear and paranoia. I've not threatened anyone, nor want too since 1983.1 should be judged by my current behavior and the man I am today, not who 1 was and did a lifetime ago. Although I take full responsibility for my actions, I just object to the torturous isolation I've been subjected to for two decades - as those in charge continue to fulfil their threat to make my life a living hell. The Court has already sentenced me to "life" Its not the B.O.P's duty to punish me, imprisonment is punishment!
Kelly v Brewer cite as 378 F Supp, 447 (1974) Kelly killed a Prison Guard, P G 455, it is declared that the plaintiffs continued confinement in. indefinite A.D. Segregation is a violation of his right to due process under the 14th amendment to the U.S. Constitution, given there is no meaningful review under appropriate standards to define whether the plaintiff remains a threat to security of the institution, and thus being in indefinite A.D. segregation.

P.G.455 it is ordered, adjudged and decreed that meaningful standards be developed to determine and review the issues relating to the Plaintiffs undefined A.D. Segregation, and that the plaintiff be given proper periodic hearings under these standards to determine whether he can be released into the General population. 42 U.S. CA. 1983. U.S. constitution amendment 14, Z8 U.S. GA, 1343 (3) Cases on creel and unusual punishment is contained in 51 A.T.R 3 e 1111, P.G. The court of course isn't interested in a game of semantics but only in the conditions of confinement, no matter what it is labeled by prison administrators. Since I know how prisoncrats like to disguise their sadistic torture / isolation cells. P.G. This was a form of retribution and punishment by prison staff against this inmate before his trial and conviction, jurisdiction of section 1983 and title 28 USC, section 1343 (3). This course of action is conferred" upon this court by title 42 USC. Pg 451, 12, Dr Stephan Fox, a Psychologist employed by the university Iowa, has studied the effects of this type of confinement upon prisoners, and has concluded that solitary confinement (AD Segregation) and the sensory' deprivation resulting from such confinement can have extremely harmful Psychological and physical effects upon the person involved.
Possibly deleterious effects include, loss of self concept, disorientation.depersonalization, (unrealistic Interaction with others), depression, frustration, distrust of others, lack of productivity, and retarded personal growth, (plaintiff ex. 4) PG. 451, 13. The plaintiff is being held indefinably in his present status, with no hope of entering the general population unless he meets certain undefined criteria of defendant Warden Brewer. The Testimony at trial in this case showed this review to have been a sham and a meaningless exercise. There are no standards of review to which the prisoner can direct himself to attempt to show; his fitness for release into the general population. PG. 454 (7) There is no doubt that the ''conclusive'" or irrebuttable presumption is disfavoured in the law. Stanley v Illinois , 405 U.S.645, 657, 925 Cl 1208,31L,ED551 (1972), Bell v Burson, 402 U.S. 535,915(and 1586.29 L, ED 2 D 90(1971);U.S.dept of Agriculture. Murry,313,U.S.508,935.C+2832,3,ed 2d 767(1973):Vlandis v Kline, 412 US 441,935, c+2230371.ed2d 63 (1973)
The question of what constitutes cruel and unusual punishment has been before the eighth circuit many times. One of the leading cases is Jackson v Bishop, 404F2d 571 (8th cir 1968). Also Sharpe v Sigler. 4081 2d9666 (8th cir.1969): Bums v Svenson, 430 F 2d 772 (8th cir 1970): Harris v Settle 322F. 2d 908 (circa 1963): Knecht v Gillman, 488F2d 1136( 8th cir 1973), Wright v Me Mann,387 F2d 519 (cir 1967). O'Brien v Moriarty cite as 489 F 2d94I (1974) P6.944 (78) A punishment not always forbidden may violate the eighth amendment if in the circumstances, it is extremely disproportionate, arbitrary or unnecessary, Furman v Georgia, supra. 408 U.S. ATZ38, 238, 239,925.c+ 2726 ( Brennan J concurring) Imposed inappropriately, or for too long & period, even the permissible forms of Solitary confinement might violate the eight amendment, cases up holding instances of Solitary confinement-involve most often its imposition as a short term punishment for disciplinary infractions, PG. 944. A punishment may be so below civilised norms as to be cruel and unusual no matter what its provocation. Or it maybe cruel and unusual because extremely disproportionate to the occasion.

See Furman v George, 94419. 11 Facing ''complicated and combustible situations each day. Prison officials must be free to make a wide range of decisions. Much must be left to their good faith, discretion. Paimigiano v Baxter 48TF. 2d 1283 (ISl circ 1973). RX Rel.Jones v Stewart cite as 231F. 3d1248 (9th cir.2000) (3) PG12.2. Both experts state that it is well accepted that conditions such as those presenting the SMUII where Miller is housed can cause Psychological decompensation to the point that individuals may become incompetent. The doctors, who previously found him incompetent to waive council, now raise serious questions regarding his competency to make decisions to die. In addition, Julie Hall council at the Arizona - capital representation project, has submitted a declaration stating that Miller told her he was still willing to pay with his life to escape the conditions of SMUII. Hall has been in regular communications with Miller, attests that Miller's mental state has declined, he has become increasingly depressed, and he has resigned himself to dying. In July of this year Miller suffered auditory hallucinations finally.
This court in comes recognized the harsh conditions of death row in Arizona and its possible effects on those that live there and on that basis an evidentiary hearing, see Comer v Stewart, 215F 3d 910. 916 (9tn cir 2000). We and other courts have recognized that prison conditions remarkably similar to Mr Comer's descriptions of his current confinement can adversely affect a person's mental health. Mr Corner was also confined in SMUII. PG. 1254 (4) Doctors Morenz and Morris are not strangers to Miller, know his troubled history and their speculation as to the potential for adverse effects of incarceration in SMUII, finds support: in this courts own assessment of that facility, in Comer v Stewart, 215 F 3d 910,917 - 18 (9th cir, 2000) moreover, his decision to abandon his appeals once he entered SMUII suggest the condition of confinement may in deed have adversely affected his mental state. _
Date: 4-1-06

If after reading this, you would like to help him join the general prison population, contact Tommy directly or write or email FFUP. Addresses below. If you do decide to write Tommy, feel free to use our PO Box for your address. Just be sure you give us your real address so we can forward his letters to you. Also, we are always available to answer questions or provide support as needed.
Tommy Silverstein 2-13-030-L;14634-116 USP Max; Box 8500; Florence, CO 81226

FFUP(Forum for Understanding Prisons); PO Box 285; Blue River, Wi 53518

to third appeal, more art and eloquence


n8quick said...

how many years will it take to bring back the guy he killed who was just doing his job. He didnt play by the rules the first time. How much punishment is enough? Who knows? Dont kill anyone, and you will never have to take whatever punishment is given to you by the court system. Im not against his appeal, but this guy didnt do himself any favors.

Omar said...

Were this a case of wrongful conviction, I'd feel a bit of sympathy -- very little. But the thought of a cold-blooded murderer appealing for leniency is nothing less than preposterous.

If you're seeking for a cause to support. If you're looking to give your life meaning by helping others, please take a look at those children starving in Africa; volunteer at your local women's shelter; serve soup to the homeless; join the Peace Corp; anything, really, but please do not waste your time and resources on this cause -- it's not worth it.

katwest00 said...

I volunteer/suport the innoncence project's that helps people who been wrongly convited of a crime I mentor to dozen's of prisoners a year its a known fact that our prisons is in troble/ we need to bring about chance and fast I have read tommy silverstein story even tho I dont agree with some of tommy behavior we do see problems with some guard abuseing inmates course we have empathy for mister clutt's family thats we we need to address/fix our prisoners katwest

Sara said...

While I understand that Tommy deserved to be punished for murdering Clutt, no one deserves to be in solitary confinement for 27 years. He has been on his best behaviour, turned his life around, and obviously had plenty of time to reflect on his misdeeds.

Tommy deserves another chance. Every human craves contact with other humans. It's in our nature. Solitary confinement can only add to madness. I support allowing Tommy to rejoin the general population and send my best wishes hoping that he receives another chance!

"To err is human, to forgive divine" ~ Alexander Pope

Pete said...

This guy did what tens or even hundreds of thousands of other prisoners did - he committed a murder. So is it justice to allow the other murders to be in general population? If not then either they must be segregated or he must be allowed into general population. Where is the logic? It would be different if he were constantly out of control, as certainly many of the others are. But he is relatively in control and should not be treated in the harshest possible manner relative to the other murderers. Our justice system claims to be fair and impartial but it is not in this instance. I think that is the only logical and rational conclusion and am stunned this situation continues.

Sean McAllister said...

There are "mothers" that murder their own children, evil men that steal other peoples children ~ rape little girls ~ and then kill them and throw them away in landfills. Some will say a life is a life and I agree. However, these above mentioned criminals are way more deserving of the punishment that Tommy has received. I don't agree with the isolation for so many many years and the animals that rape and kill innocent "babies" don't even get CLOSE to what tommy has been handed. I support Tommy to be able to join general population. He is still in prison, this is not a get out jail free card so what the hell is the problem here. Good behaviour all these years has to be worth at least general population. Convicted rapists and baby killers deserve to replace tommy in the solitary " no human contact" cell. There are worse people in this world. Here is an example
MELISSA HUCKABY - Raped and killed 8 year old Sandra Cantu )
ANTOINETTE DAVIS ( sold her baby girls soul to a man to clear up a drug debt) and he raped and killed her.
SUSAN SMITH - ( not in solitary, she drowned both her sons)


Noah said...

to n8quick and other like minded:

your arguement of it not bringing back Tommy's victims is mute since there are 1,000's of murderers in prison and none of their victims will ever be brought back, either.

The point here is are we willing to allow the BOP to unfairly punish this one prisoner just because his victim was a guard. He has already been convicted and sentenced for that crime, are we ok then with the warden coming up with additional punishments for Tommy?

I think not. The people who do this without regard to law should they themselves be relived of their duties and maybe even face charges of their own.

What they do flies in the face of already established laws and yet they think they are above the law, they are playing GOD, or at least, judge, jury and executioner.

Hang in there Tommy; I think you will win this and someone should have to answer for their actions, if not sooner, than later.

But you did the crimes and you will do the time, and maybe you'll get to live out the rest of your life in, well, prison GP

jayne siroshton said...

Give him another chance.

Jen said...

Amazing, beautiful, art. I hope that he really has repented for the crime that he committed. For it would such an incredible loss for such great & rare talent. I am going to believe that he is a changed man. I do not condone his crime, but I do believe that people can and do change. Good luck to you, you’re an amazing artist!

Jen said...

It is horrible what he did. It is an unforgivable act to take someone else’s life, but what if he is not that same person anymore? What if, for the first time, he has found in his heart the meaning to be human? What if now he has respect for himself and others and thus has found respect for life? What then? Should we continue to turn a blind eye and treat him inhumanely? We treat vicious dogs more humanely then he is being treated. Give the man another chance. And this time, don’t screw up! Take that amazing talent, and continue to live through your art. You have something to offer the world. Use it!

carolinemtgy said...

I'd have to wonder how many of you calling for his release to general population would feel if you were family members to the other prisoners he killed or the guard. It would seem the prison/court systems took this drastic step because they could not provide adequate protection to his previous victims. Why should we continue to risk the lives of others simply so he can socialize? If he committed another murder, killing one of your loved ones, would you be one of the first to file a lawsuit against the prison system for failing to provide adequate protection?

Sean McAllister said...

caroline..the topic at hand is not how the family of guard feels. It's whether or not the system is treating one killer differently then another which IMO is what is happening. How would you feel if you were the family of Tommy. You would support him knowing he is a changed man. so the shoe fits the other foot in your argument.
Tommy is not the only killer in the world. Are they ALL locked up for a quarter century with NO HUMAN CONTACT? I think not...
The challenge here is to be unbiased. So not being a member of the victims family or the convicted, I CLEARLY SEE HOW TOMMY HAS BEEN RAILROADED.

GLEN said...

There are consequences for all that we do. Committing a murder, the taking of human life, is the worst offense that one can commit. Tommy commited at least three murders, if not more, and unfortunately for him, he murdered a prison guard while in prison. I understand that he is not the first or only inmate to commit this crime, he violated the code ( for lack of a better word) of the prison system, in that if you commit a crime against an official of said system, youve lost all sympathy or compassion from the system. I understand Tommys' and his supporters desire for him to gain some freedoms, but he brought this upon himself and will have to suffer the consequences of his actions. The prison guard no longer lives, nor does his other two victims, and there is no punishment short of death that can pay for their lives. We focus all of our attention on this convicted killer and pay no homage to the families of his victims. I think that his story should serve as an example and deterent for anyone that thinks of commiting these acts.

ninabug said...

I hope you're doing as well as possible. I read about you on the internet when you were first placed in Leavenworth. Can't believe you are still in solitary confinement. I know you've been transferred to Colorado, but it doesn't sound like anything is better???? I will stay in contact with you. If Ican send you any writing material, books, etc, let me know. The prison system needs to know that two wrongs don't make a rignt.
God bless,

Anonymous said...

For anyone stopping by FYI I talked to Tom the 13th of February is having some angst. but sounds like my Tom. The BOP has not given up torturing him by any stretch of the imagination. Sending money would help us alot.
Then he can buy what he needs.
The bravehost Guest Book is closed down until after he goes to court.

Steve said...

I think the BOP has made a very strong statement: If you kill a prison guard, your punishment will be very severe. This is done to protect those who protect us. That being said, is 20 plus years of solitary confinement enough? Will allowing Tommy to have some human contact lessen the punishment? I think his punishment is as much of a deterrent for other prisoners as it is a punishment for him, but it may be time to give him some human contact. If it doesn't work, he can always be returned to administrative segregation.