Thomas Silverstein
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Thomas Edward Silverstein (born Thomas Edward Conway; 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 Solitary confinement (also shortened to solitary) is a form of imprisonment in which an incarcerated person lives in a single Prison cell, cell with little or no contact with other people. It is a punitive tool used within the prison system to ...
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 The Aryan Brotherhood (AB or The Brand) is a neo-Nazi prison gang and an organized crime syndicate that is based in the United States and has an estimated 15,000–20,000 members both inside and outside prisons. The Southern Poverty Law Center ...
prison gang. Silverstein maintained that the dehumanizing conditions inside the prison system contributed to the three murders he committed. He was the longest-held prisoner in solitary confinement within the Bureau of Prisons at the time of his death. Correctional officers refused to talk to Silverstein out of respect for Clutts."America's Most Dangerous Prisoner?"
BBC News August 2001


Early life

Silverstein was born in
Long Beach, California Long Beach is a coastal city in southeastern Los Angeles County, California, United States. It is the list of United States cities by population, 44th-most populous city in the United States, with a population of 451,307 as of 2022. A charter ci ...
, to Virginia Conway. Conway had divorced her first husband in 1952 while pregnant with Silverstein and married Thomas Conway, whom 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 The California Division of Juvenile Justice (DJJ), previously known as the California Youth Authority (CYA), was a division of the California Department of Corrections and Rehabilitation that provided education, training, and treatment services ...
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 San Quentin Rehabilitation Center (SQ), formerly known as San Quentin State Prison, is a California Department of Corrections and Rehabilitation state prison for men, located north of San Francisco in the unincorporated place of San Quentin in ...
in California for
armed robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...
. Four years later, he was
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
d, 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.Earley, P: ''The Hot House Life Inside Leavenworth Prison''. Bantam Books, 1993


Murders at USP Marion

While at Leavenworth, Silverstein developed ties with the
Aryan Brotherhood The Aryan Brotherhood (AB or The Brand) is a neo-Nazi prison gang and an organized crime syndicate that is based in the United States and has an estimated 15,000–20,000 members both inside and outside prisons. The Southern Poverty Law Center ...
. In 1980, Silverstein was convicted of the murder of inmate Danny Atwell, who reportedly refused to serve as a
mule The mule is a domestic equine hybrid between a donkey, and a horse. It is the offspring of a male donkey (a jack) and a female horse (a mare). The horse and the donkey are different species, with different numbers of chromosomes; of the two ...
for heroin being moved through the prison. He was sentenced to life and transferred to the United States Penitentiary in
Marion, Illinois The city of Marion is the county seat of Williamson County, Illinois, United States. The population in Marion, IL was 16,855 according to the 2020 census. It is part of a dispersed urban area that developed out of early 20th-century coal fields ...
( 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. Thomas Silverstein spent his time in solitary confinement with a constant ceiling light, ensuring uninterrupted camera surveillance. He was allowed only two phone calls per month and received his meals through a slot. In 1981, Silverstein was accused of the murder of Robert Chappelle, a member of the D.C. Blacks prison gang who was serving a life sentence for the 1964 murder of
Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
police officer Henry Jennings. Silverstein and another inmate,
Clayton Fountain Clayton Anthony Fountain (September 12, 1955 – July 12, 2004) was an American federal prisoner, member of the Aryan Brotherhood, and serial killer. Biography Fountain was born on September 12, 1955, at the U.S. Army Hospital in Fort Benning, ...
, also a member of the Aryan Brotherhood, were convicted and Silverstein received an additional life sentence. He avoided a possible death sentence since capital punishment on the federal level had not been reinstated yet. 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 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 was convicted of first degree murder for killing Smith and received another life sentence.


Murder of Correction Officer Clutts

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 (
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a Federal law enforcement in the United States, federal law enforcement agency of the United States Department of Justice that is responsible for all List of United States federal prisons, federal prisons ...
(BOP) policy is to confiscate artwork by inmates when it depicts murder). A few hours later, Clayton Fountain used the same strategy to kill correction 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 The Federal Correctional Institution, Atlanta (FCI Atlanta) is a low-security United States federal prison for male inmates in Atlanta, Georgia. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Just ...
, where he was placed in solitary confinement. His security status was recorded as "no human contact." The events surrounding the murders of correction officers Clutts and Hoffmann inspired the design of the federal
supermax prison 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 level of custody in the prison systems of certain countries. The objective is to ...
, the United States Penitentiary, Florence: Administrative Maximum Facility (USP Florence ADMAX) 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 in 2004 at the United States Medical Center for Federal Prisoners in Springfield, Missouri.


Riot in Atlanta and transfer to Leavenworth

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 considerate to Silverstein, such as asking him if his handcuffs were too tight when Silverstein needed to be procedurally cuffed. During the riot this guard 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 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.


Allegations of torture and injustice

Silverstein claimed that the "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 black ex-convict who met Silverstein in prison, said he became a "legend" at Leavenworth. Sellers told
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
Online, "(h)e 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."


Death

Silverstein died on May 11, 2019, aged 67, at St. Anthony Hospital in
Lakewood, Colorado Lakewood is the List of municipalities in Colorado#Home rule municipality, home rule municipality that is the List of municipalities in Colorado, most populous municipality in Jefferson County, Colorado, United States. The city population was 15 ...
, after spending 36 years in
solitary confinement Solitary confinement (also shortened to solitary) is a form of imprisonment in which an incarcerated person lives in a single Prison cell, cell with little or no contact with other people. It is a punitive tool used within the prison system to ...
. He died due to complications from heart surgery.


References

{{DEFAULTSORT:Silverstein, Thomas 1952 births 2019 deaths 20th-century American criminals American people convicted of murder American people convicted of robbery American prisoners sentenced to life imprisonment Aryan Brotherhood members Gangsters sentenced to life imprisonment Inmates of ADX Florence People from Long Beach, California People convicted of murder by the United States federal government Prisoners sentenced to life imprisonment by the United States federal government Prisoners who died in United States federal government detention Serial killers from Illinois Serial killers who died in prison custody