|Born||February 4, 1952|
Long Beach, California, U.S.
|Died|| (aged 67)|
Lakewood, Colorado, U.S.
|Other names||Terrible Tom, Tommy|
|Known for||Former leader of the Aryan Brotherhood prison gang|
|Criminal charge||Murder, armed robbery|
|Penalty||Life imprisonment without parole|
Thomas Silverstein (February 4, 1952 – May 11, 2019) was an American criminal who spent the last 42 years of his life in prison after being convicted of four separate murders while imprisoned for armed robbery, one of which was overturned.Silverstein spent the last 36 years of his life in solitary confinement for killing Corrections Officer Merle Clutts at the Marion Penitentiary in Illinois. Prison authorities described him as a brutal killer and a former leader of the Aryan Brotherhood prison gang. Silverstein maintained that the dehumanizing conditions inside the prison system contributed to the three murders he committed. He was held "in a specially designed cell" in what is called "Range 13" at ADX Florence federal penitentiary in Colorado. He was the longest-held prisoner in solitary confinement within the Bureau of Prisons at the time of his death.
Thomas Silverstein was born in Long Beach, California, to Virginia Conway. Conway had divorced her first husband in 1952 while pregnant with Silverstein and married Thomas Conway, who Silverstein claimed was his biological father. Four years later, Virginia divorced Conway and married Sid Silverstein, who legally adopted her son.
Silverstein was timid, awkward, shy, and frequently bullied as a child in the middle-class neighborhood where the family lived, in part because his peers mistakenly believed he was Jewish. Virginia Silverstein demanded that her son fight back, telling the boy that if he ever came home again crying because he had been beaten up by a bully, she would be waiting to give him another beating. Silverstein states, "That's how my mom was. She stood her mud. If someone came at you with a bat, you got your bat and you both went at it." At age fourteen, Silverstein was sentenced to a California Youth Authority reformatory where, he said, his attitudes about violence were reinforced. "Anyone not willing to fight was abused."
In 1971, at age nineteen, Silverstein was sent to San Quentin Prison in California for armed robbery. Four years later, he was paroled, but he was arrested soon after along with his father, Thomas Conway, and his cousin, Gerald Hoff, for three armed robberies. Their take was less than $11,000. In 1977, Silverstein was sentenced to fifteen years for armed robbery, to be served at United States Penitentiary in Leavenworth, Kansas.
While at Leavenworth, Silverstein developed ties with the Aryan Brotherhood. In 1980, Silverstein was convicted of the murder of inmate Danny Atwell, who reportedly refused to serve as a mule for heroin being moved through the prison. He was sentenced to life without parole and transferred to the United States Penitentiary in Marion, Illinois (USP Marion), which was then a high security facility.The conviction was overturned in 1985 after it emerged that the jailhouse informants who testified at his trial had perjured themselves on the stand.
At Marion, Silverstein was housed in the "Control Unit", a virtual solitary confinement regime reserved for extreme "management problems" (prisoners prone to assaultive and disruptive behavior) in the prison.
In 1981, Silverstein was accused of the murder of Robert Chappelle, a member of the D.C. Blacks prison gang. Silverstein and another inmate, Clayton Fountain, were convicted and Silverstein received an additional life sentence. Silverstein maintained his innocence. While Silverstein was on trial for Chappelle's murder, the Bureau of Prisons transferred Raymond Lee "Cadillac" Smith, the national leader of the D.C. Blacks prison gang, from another prison into the control unit in Marion. From the moment Smith arrived in the control unit, prison logs show that he began trying to kill Silverstein.
"I tried to tell Cadillac that I didn't kill Chappelle, but he didn't believe me and he bragged that he was going to kill me," Silverstein recalled. "Everyone knew what was going on and no one did anything to keep us apart. The guards wanted one of us to kill the other."Silverstein and Clayton Fountain killed Smith with improvised weapons, stabbing him 67 times. After Smith was dead, they dragged his body up and down the catwalk in front of the cells, displaying it to other prisoners. Silverstein received another life sentence.
On October 22, 1983, Silverstein killed Correction Officer Merle Clutts at USP Marion.After being let out of his cell for a shower, Silverstein used a ruse to get Clutts to walk ahead of him and positioned himself between Clutts and other officers. He stopped outside the cell of another inmate, Randy Gometz. Gometz passed a homemade prison knife to Silverstein and unlocked Silverstein's handcuffs with a homemade key. Silverstein then attacked Clutts, stabbing him multiple times. Silverstein later claimed that he murdered Clutts in retaliation for Clutts' deliberately harassing him. Among other things, Clutts was accused of destroying paintings by Silverstein.
A few hours later, Clayton Fountain (also an Aryan Brotherhood member) used the same strategy to kill Correctional Officer Robert Hoffmann.
USP Marion was subsequently placed on an indefinite lockdown, which ultimately lasted for 23 years. Following the murder of Clutts, Silverstein was transferred to the United States Penitentiary, Atlanta, where he was placed in solitary confinement. His security status was recorded as "no human contact."The events surrounding the murders of Correctional Officer Clutts and Hoffmann inspired the design of the federal supermax prison, the United States Penitentiary, Florence ADX (USP Florence ADX) in Colorado, which opened in 1994 and was built to house the most dangerous inmates in the federal prison system. Silverstein and Gometz were both held at ADX Florence. Fountain died at the United States Medical Center for Federal Prisoners in Springfield, Missouri in 2004.
During the 1987 Atlanta Prison Riots, Cuban detainees at the Atlanta federal penitentiary released Silverstein from his isolation cell. They handed Silverstein over to the Federal Bureau of Investigation's Hostage Rescue Team one week later. Bureau of Prisons officials were reportedly afraid that Silverstein would begin killing correctional officers held hostage by the Cubans. Before the Cubans released Silverstein to Bureau of Prisons, the Cubans let Silverstein out of his isolation cell and Silverstein was able to roam freely about the prison. One of the prison guards being held hostage had a history of being kind to Silverstein. (When the guard would handcuff Silverstein he would make it a point to ask Silverstein if his handcuffs were too tight.) He was confronted by Silverstein and was ultimately spared by him. Bureau of Prisons negotiators were able to convince the Cuban riot leaders to hand over Silverstein as a gesture of good faith, a relatively easy decision for them, given that Silverstein's status was peripheral to the aims of the Cuban leaders during the riot.
Silverstein was subsequently moved back to Leavenworth, where he stayed for the next 18 years.
In 2005, when USP Leavenworth was downgraded to a medium-security facility, Silverstein was moved to ADX Florence, a supermax facility in Colorado. His earliest theoretical date of release was November 2, 2095.
Silverstein claimed that "no human contact" status is essentially a form of torture reserved for those who kill correctional officers. "When an inmate kills a guard, he must be punished," a Bureau of Prisons official told author Pete Earley. "We can't execute Silverstein, so we have no choice but to make his life a living hell. Otherwise other inmates will kill guards too. There has to be some supreme punishment. Every convict knows what Silverstein is going through. We want them to realize that if they cross the same line that he did, they will pay a heavy price."Ted Sellers, a former convict who met Silverstein during 25 years spent in prison, said he became a "legend" at Leavenworth. Sellers told BBC News Online, "He is not as bad as they portray. Sure he is dangerous if they push him to the wall. But there were some dirty rotten guards at Marion… They would purposely screw you around. You are dealing with a person locked up 23 hours a day. Of course he's got a short fuse."
Silverstein died on May 11, 2019, after spending 36 years in solitary confinement; he died from complications from heart surgery.
The Aryan Brotherhood, also known as the Brand or the AB, is a neo-Nazi prison gang and an organized crime syndicate which is based in the United States and it has an estimated 15,000–20,000 members both inside and outside prisons. The Anti-Defamation League calls it the "oldest and most notorious racist prison gang in the United States". According to the Federal Bureau of Investigation (FBI), the Aryan Brotherhood makes up an extremely low percentage of the entire US prison population but it is responsible for a disproportionately large number of prison murders.
The United States Penitentiary, Leavenworth is a medium security U.S. penitentiary with an adjacent minimum security satellite camp in northeast Kansas. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. It also includes a satellite federal prison camp (FPC) for minimum-security male offenders.
The United States Penitentiary, Administrative Maximum Facility is an American federal prison in Fremont County near Florence, Colorado. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. USP ADX Florence, which opened in 1994, is classed as a supermax or "control unit" prison, thus providing a higher, more controlled level of custody than a maximum security prison. USP ADX Florence forms part of the Federal Correctional Complex, Florence, which is situated on 49 acres of land and houses different facilities with varying degrees of security, including the United States Penitentiary, Florence High.
A super-maximum security (supermax) or administrative maximum (ADX) prison is a "control-unit" prison, or a unit within prisons, which represents the most secure levels of custody in the prison systems of certain countries.
The United States Penitentiary, Atwater is a high-security United States federal prison for male inmates in California. The institution also includes a minimum-security satellite camp. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
The United States Penitentiary, Allenwood is a high security United States federal prison in Pennsylvania. It is part of the Allenwood Federal Correctional Complex and is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
The United States Penitentiary, Marion is a medium-security United States federal prison for male inmates in unincorporated Williamson County, Illinois. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. The facility also has an adjacent satellite prison camp that houses minimum security male offenders.
The United States Penitentiary, Lewisburg is a medium-security United States federal prison in Pennsylvania for male inmates. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. An adjacent satellite prison camp houses minimum-security male offenders.
The United States Penitentiary, Florence High is a high-security United States federal prison for male inmates in Colorado. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. USP Florence High is part of the Federal Correctional Complex, Florence, which is situated on 49 acres (20 ha) of land and houses different facilities with varying degrees of security. It is named "Florence High" in order to differentiate it from the United States Penitentiary, Florence ADMAX, the federal supermax prison located in the same complex.
The Federal Correctional Complex, Terre Haute is a United States federal prison complex for male inmates in Terre Haute, Indiana. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice, and consists of two facilities:
The Atlanta prison riots were a series of prison riots that occurred at the U.S. Penitentiary in Atlanta, Georgia, United States in November 1987. The riot coincided with a similar riot at the Federal Detention Center in Oakdale, Louisiana.
The United States Penitentiary, Hazelton is a high-security United States federal prison for male inmates in West Virginia. The high-security facility has earned the nickname "Misery Mountain" by the inmates who are incarcerated there. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. The facility has a satellite prison camp for minimum-security male offenders.
The United States Penitentiary, Pollock is a high-security United States federal prison for male inmates in Louisiana. It is part of the Pollock Federal Correctional Complex and operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. The facility also has an adjacent satellite prison camp for minimum-security male offenders.
The D.C. Blacks is an African-American prison gang in the United States whose members are from Washington D.C.. They are allied with the Black Guerrilla Family and some other black prison gangs. The Aryan Brotherhood is one of their main rivals. The D.C. Blacks make up one of the largest single ethnic groups in the overall federal prison population by 10 percent. They are known for being well educated in violence, locker knocking, petty theft, and rape from their time spent at Lorton, a D.C. penitentiary. Although the D.C. Blacks are one of the largest prison gangs within penitentiaries, they are small compared to the gangs outside of the prison system, such as the Bloods and the Crips.
The United States Penitentiary, Beaumont is a high security United States federal prison for male inmates in Texas. It is part of the Federal Correctional Complex, Beaumont and is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
A communications management unit (CMU) is a type of self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication of inmates in the unit.
The United States Penitentiary, Big Sandy is a high-security United States federal prison for male inmates in Kentucky, near Inez. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. The facility also has a satellite prison camp which houses minimum-security male inmates.
Colorado State Penitentiary is a Level V maximum security prison in the U.S. state of Colorado. The facility is part of the state's East Cañon Complex, together with six other state correctional facilities of various security levels.
Clayton Anthony Fountain was an American federal prisoner, member of the Aryan Brotherhood, and convicted murderer. Clayton was born on September 12, 1955, at the U.S. Army Hospital in Fort Benning, Georgia. Clayton was the oldest of six children, having one brother and four sisters, and was named after his father, Clayton Raleigh Fountain. The family moved every 1½ to 2 years. While his father served combat tours in Korea and Vietnam and his mother was working, Clayton, as the oldest child in family, became a surrogate for both parents when he was very young. He recalled maternal responsibilities for cooking, ironing, serving, cleaning, and caring for his young siblings.
In the United States penal system, upwards of 20 percent of state and federal prison inmates and 18 percent of local jail inmates are kept in solitary confinement or another form of restrictive housing at some point during their imprisonment. Solitary confinement generally comes in one of two forms: disciplinary segregation, in which inmates are temporarily placed in solitary confinement as punishment for rulebreaking; and administrative segregation, in which prisoners deemed to be a risk to the safety of other inmates, prison staff, or to themselves are placed in solitary confinement for extended periods of time, often months or years.