by David Grann
An Aryan Brotherhood presence had long existed at Leavenworth, which was known as “the hothouse,” because of its sweltering, catacomb-like cells. But McElhiney was determined to extend the gang’s reach.
Although the Brand maintained remnants of its racist ideology, it had increasingly sought, according to a declassified F.B.I. report, “to launch a cooperative effort of death and fear against staff and other inmates . . . in order to take over the system.” The Brand aimed, the F.B.I. warned, to control everything from drug trafficking to the sale of “punks”—inmates forced into prostitution—to extortion rackets to murder contracts behind bars. It sought, in short, to become a racketeering enterprise. The council member Clifford Smith had told authorities that the gang was no longer primarily “bent on destroying blacks and the Jews and the minorities of the world, white supremacy and all that shit. It’s a criminal organization, first and foremost.”
Using an array of white associates, who either coveted membership in the gang or needed protection, McElhiney set out to dominate Leavenworth’s underground economy. His men went from tier to tier, demanding a tax from the sale of “pruno”—prison wine that could be brewed out of almost any cafeteria fruit (apples, strawberries, even ketchup). At the time, a man named Keith Segien was running a friendly poker game in the prison’s B unit. One night on his way to his cell, Segien later testified in court, Mac was waiting for him. He told Segien to sit down.
Segien hesitated. “What’s this about?” he asked.
“If I wanted you killed,” Segien recalls him saying, “you’d have been dead by now.” Then Mac added, “Someone told me you don’t want me . . . to run the poker game, and I’m here to make money. I’m going to run the poker game.” He asked if Segien had a problem with that.
“I said no,” Segien testified. “That was the last day I ran the poker game.”
Mac soon had gambling rackets operating in nearly every unit, on nearly every tier. As with the sale of pruno, inmates say, the guards often turned a blind eye, perhaps to mollify a seething population. Some guards, it seemed, had come to consider the Aryan Brotherhood presence as inevitable, and even used its leaders as surrogate power brokers. In one instance, a guard at Leavenworth went to McElhiney to get the O.K. before he released another prisoner in the yard. One longtime A.B. member compared the illicit operations in maximum-security prisons to bootlegging during Prohibition and to the high-roller tables in Las Vegas.
Currency is not allowed in prison, and inmates typically paid their smaller debts to the Brotherhood by offering free contraband or items from the commissary: cigarettes, candy, stamps, books. At the high-roller tables at Leavenworth, where imprisoned drug lords could place bets in the thousands of dollars, participants were allowed to play for a month on credit. The man in charge of the table kept a tally of wins and losses. At the end of the month, inmates say, Mac’s men would collect the losses; usually, gamblers would pay up by having a relative or a friend send an untraceable money order to a designated A.B. person on the outside. If an indebted inmate didn’t have the money mailed on time, internal prison records show, he was typically “piped”—beaten with a metal rod. McElhiney later acknowledged that he was funnelling the proceeds to his mentor Mills and to other reputed leaders of the Aryan Brotherhood, with whom he had “a pact” to take over the “gambling business.”
McElhiney, who presided over the yard wearing sunglasses, his nails often stained yellow from chewing tobacco, then decided to focus on drug smuggling. In the past, the Brand had sought out almost anyone who could bring in its merchandise. In one instance, several inmates involved in a scheme told me, the gang offered to protect Charles Manson, and even conspired in a failed bid to help him escape; in return, Manson’s cult of women on the outside helped to smuggle dope into prison for them.
According to authorities and court records, Mac now started to canvass the population for the most vulnerable inmates—those who were drug addicts or in debt to the gang or simply scared, and could therefore be forced to serve as “mules.” One such person was Walter Moles, a drug user who was terrified of the gang. His father, who was terminally ill with emphysema, was planning to travel to Leavenworth to celebrate his son’s birthday. According to Moles’s later testimony, Mac instructed him to have his drug contact on the outside send Moles’s father six balloons filled with heroin. Using coded language on the prison’s tape-recorded pay phones, Moles then persuaded his father to transport the package.
Weeks later, when his father arrived, he sat beside Moles in the visiting room, under the guards’ scrutiny. He carried the package in his underwear. Moles instructed his father to go into the bathroom, place two of the balloons in his mouth, then return and spit them into Moles’s cup of coffee. His father said he couldn’t do it. The heroin wasn’t in six balloons. “It’s in one big one,” he said.
“How big?” Moles asked.
“A Ping-Pong ball.”
Eventually, Moles’s father managed to drop the balloon into his son’s coffee cup. Moles tried to swallow it, but it got stuck in his throat.
His father started to panic. “Son, just give it back to me,” he begged. “I’ll send it back to where it came from.”
“No, Dad, I can’t,” he said. He explained that the heroin wasn’t for himself. “These guys I’m bringing it in for want their stuff.”
His father didn’t seem to understand: Who were these people?
Moles saw a guard’s attention wander, and said that he had to say goodbye.
“Is it the end of the visit?” his father asked.
“If I’m going to do it, this is my only chance,” Moles said. While his father distracted the guard, Moles untucked his shirt and forced the drugs into his rectum. After he got past the guards, he said, he gave “the stuff” to one of Mac’s henchmen.
The next morning, Moles waited behind the bleachers in the yard for his cut. Suddenly, he felt something hard against the back of his head, and he collapsed to the ground. “I tried to get up,” Moles later testified, “but I kept getting kicked.”
Mac’s men told Moles to stay down.
“What did I do wrong?” Moles asked. “What did I do wrong?”
Afterward, when an A.B. associate asked Mac why he had assaulted Moles and taken his share of the dope, Mac reportedly replied, “Fuck the little punk.”
Heroin was now flooding into Leavenworth. According to authorities, inmates received more than twelve hundred positive tests for heroin during 1995. One prisoner estimated that forty per cent of the population was shooting up. “Heroin deadens everything,” an inmate at Leavenworth said. “Speed, man, you’re bebopping around and you’re doing more time than you would normally because you ain’t sleeping at night. . . . But the heroin, yeah . . . you’re feeling no pain.”
Because of the scarcity of supply and the unusually high demand in prison, authorities say, a gram of heroin that was bought on the street for sixty-five dollars was selling inside Leavenworth for as much as a thousand dollars. A former council member told me that the gang was bringing in anywhere from half a million to a million dollars a year from a single prison. As one F.B.I. agent put it, “You just do the math.”
With his empire expanding by the day, Mac seemed more and more “out of control,” as one former ally said. Although A.B. leaders were forbidden, under gang rules, to use heroin themselves, associates say that Mac would hole up in his cell with “a rig”—a homemade syringe typically constructed out of a needle stolen from the infirmary and a hollowed-out ballpoint pen. There, in what inmates describe as a heroin-induced haze, he would allegedly sit with A.B. henchmen and mete out his own form of justice, including murder.
McElhiney eventually became convinced that a snitch was trolling for evidence against him. Then one day, associates say, Mac sent word to his men that he had found the rat: Bubba Leger, a trusted associate who did most of the A.B.’s tattoo work and who only a few months earlier had posed proudly next to Mac for a photograph. In th
e rec cage one day, according to witnesses, one of Mac’s associates nicknamed Ziggy, who was purportedly eager to make his bones, pulled out a knife and started stabbing Bubba. “Why you doing this?” Bubba pleaded. With blood flowing from his chest, Bubba stumbled over to the steel door of the cage and pounded on it, trying to get the guards’ attention. In full view of the guards, Ziggy stabbed Bubba at least five more times. Bubba died moments later.
It was then, witnesses say, that they saw one of Mac’s men take another weapon, a sharpened toothbrush, and plant it near Bubba to make it look as though he had used it first. Afterward, McElhiney was said to have enforced a long-standing Aryan Brotherhood policy, which required all witnesses to perjure themselves. “‘I’m going to give you a choice,’” an associate said that McElhiney told him. “‘You can either lie or die on this one.’” In a note, McElhiney, who shaved his head after the murder, instructed Ziggy what to do: “The defense you’re going to have is self-defense.” He went on, “Hang tough, Stud. As soon as you get a lawyer direct him to me without further ado. . . . Got it? Stress to him that it’s a must he come see me ’fore you trust him—Our code word will be Mary Mary Quite Contrary.”
Ziggy received a twenty-seven-year sentence and later appeared with a tattoo of a shamrock on his leg, but authorities were never able to prove that McElhiney had ordered the killing (though they did later convict him for smuggling drugs). During the investigation, one unexpected fact emerged: Bubba had not been a snitch after all.
“This isn’t in the job description,” Gregory Jessner said. The Assistant United States Attorney was standing on a loading dock outside the Los Angeles federal courthouse, stacking onto an old wooden dolly boxes of transcripts for his case against the Aryan Brotherhood. There were thirteen in all, and as he worked a small circle of sweat appeared on his starched white shirt. The son of a mathematician, he had a slightly cerebral air. “I don’t really have a bulldog persona,” he said. “I’m not like Marcia Clark.” He had never read a John Grisham novel, and was known to pick up books by Cervantes and David Foster Wallace between trials.
After he had wheeled the boxes upstairs, occasionally bumping into walls and doors, he arranged them on a long wooden conference table, and caught his breath. Then he said, “These deal with just one murder in the indictment. It’s nothing.”
Jessner had started investigating the gang in 1992. A convicted murderer was found strangled in his cell at a federal prison in Lompoc, California, and Jessner was assigned the case. Law-enforcement officials often dismiss such crimes as N.H.I.s—“No humans involved”—because the victims are considered to be as unsympathetic as the perps. Trying to break through a web of perjury, Jessner located several witnesses who claimed that the A.B. had murdered a fellow gang member for, among other things, falling in love with a gay prisoner. Although the Brotherhood had a long history of trafficking in “punks,” and although some of its members were known to receive sexual favors in return for protection, the gang considered open homosexuality a sign of weakness, a violation of the A.B. code. “The member made the mistake of kissing on the stairs,” Jessner said.
Jessner was able to prove that an A.B. recruit had gone into his associate’s cell, tied a bedsheet around his neck, and strangled him while an accomplice held his legs. Yet Jessner realized that he had done little to impede the gang; as with previous isolated prosecutions, he may have only strengthened it. The recruit was later said to have hung a photograph of his target on his cell wall, like an honorary plaque, and held a celebration with pruno on the anniversary of the murder.
As Jessner dug deeper into this violent subculture, he learned that there were no definitive statistics on A.B. crimes, because so few of them were prosecuted—and because so many associates from other gangs, including the Dirty White Boys and the Mexican Mafia, did its bidding. More general statistics on inmate violence provided a glimpse of what one sociologist once described as “the upsurge of rapacious and murderous groups” inside American prisons. According to the most recent Justice Department census, fifty-one inmates were murdered in prisons in 2000. Moreover, there were more than thirty-four thousand reported assaults by inmates on other inmates, and nearly eighteen thousand on staff. Rape is common; one study of prisons in four states estimated that at least one in five inmates has been sexually assaulted.
Jessner eventually started to dig into hundreds of violent crimes linked to the Aryan Brotherhood. Working with an officer from the Bureau of Alcohol, Tobacco and Firearms named Mike Halualani—a half-Japanese, half-Hawaiian agent who was as brash as Jessner was genteel—Jessner attempted to devise a strategy to break the gang’s stranglehold. But the more he investigated the more it seemed that the gang defied any conventional notion of a prosecution. Jessner told me that he kept asking himself, “How do you stop people who see a murder rap as a badge of honor? How do you stop people who have already been stopped by the law and sentenced to life imprisonment?”
By the nineteen-nineties, authorities, hoping to create at least some deterrent, and to protect other inmates, had relocated nearly all the Aryan Brotherhood’s top leaders, including the Baron, to what were then a new breed of prisons, called “supermaxes.” These prisoners were held in single cells, locked down nearly the entire day, without, as one gang member put it, “seeing fresh earth, plant life, or unfiltered sunlight;” they exercised alone in an indoor cage, were fed meals through a tray slot, and had little, if any, human contact.
In the case of Silverstein, who was already serving multiple life sentences when he killed the guard Clutts, in 1983, the Bureau of Prisons had established a separate unit for him at Leavenworth, where he was held in a Hannibal Lecter–style cage. Though Silverstein continued to sketch, he was for years not permitted to have a comb or a hairbrush, and when the reporter Pete Earley visited him, in the late eighties, he had long wild hair and a beard. “They want me to go crazy,” he told Earley. “They want to point their fingers at me and say, ‘See, see, we told you he is a lunatic.’ . . . I didn’t come in here a killer, but in here you learn hate. The insanity in here is cultivated by the guards. They feed the beast that lingers within all of us. . . . I find myself smiling at the thought of me killing Clutts each time they deny me a phone call, a visit, or keep the lights on. I find it harder and harder to repent and ask for forgiveness, because deep inside I can feel that hatred and anger growing.”
Jessner told me, “Within the gang’s lore, Silverstein has become its Christ figure.”
Even under these conditions, which some civil-rights groups considered a violation of human rights, the Aryan Brotherhood continued to flourish. Its members developed elaborate ways to communicate. They dropped notes through pipes that were connected to nearby cells; they tapped Morse code on prison bars; they forced orderlies to pass kites; they whispered through vents in “carnie,” a convoluted, rhyming code language. (“Bottle stoppers” meant “coppers.”) In addition, the leaders had developed a devoted coterie of women on the outside who had fallen in love with them through visits and correspondence and could serve as couriers, relaying messages back and forth between members. One woman who cooperated in the gang’s illegal businesses later claimed she had Stockholm syndrome.
With the help of prison authorities, Jessner began to intercept a series of covert messages. Portions of the letters appeared to be blank, as if someone had been interrupted. After analysts applied heat with an iron and placed the paper under ultraviolet light, letters would appear, revealing “a secret message,” as the F.B.I. wrote in an internal report. Cryptographers analyzed the “ink” of one such note, and discovered that the message was written with urine. The message itself was baffling; it had been scrambled into a code. “They have certain words that mean a certain thing,” one former member said. “If they tell you that ‘somebody’s going to build a house in the country,’ the prevalent word . . . is ‘country,’ because . . . that means ‘murder.’”
Jessner and his team spent hours breaking sentence
s apart and reconstructing them. He started to see patterns in the messages: “baby boy” meant yes, and “baby girl” meant no. One day, prison authorities intercepted a note sent by T. D. Bingham, the A.B. commissioner, to the Baron. It said, “Well I am a grandfather, at last my boy’s wife gave birth to a strapping eight pound seven ounce baby boy.” Jessner feared that the reference to the baby’s weight was code for 187, the California legal statute pertaining to murder; the fact that the baby was a boy suggested that a hit had been approved. Then analysts noticed that several of the letters had squiggly marks, almost like tails, on them. The words “eight pound,” for instance, had curlicues on the letters “e,” “g,” “n,” and “d.” It appeared to be a code within a code.
After scrutinizing the letters, authorities determined that the note was in fact written in a biliteral cipher, a method invented by Sir Francis Bacon, the seventeenth-century philosopher. It involved using two distinct alphabets, depending on how the letters were drawn. An unadorned “c” referred to alphabet A, whereas a curlicued “c” represented alphabet B. Investigators went through the note, categorizing each letter by alphabet until they had a cluster of letters that all seemed to be a play on the initials of the Aryan Brotherhood:
bbbaaaaabbabaaabababbabaaababaaabaaabbbababbaabbaaabbaabbabb-baabb . . .
It still made no sense. But after analysts broke the letters into clusters of five, Jessner says, they started to realize that each cluster represented an individual letter. Thus “ababb” was an “A,” “abbab” was a “B,” and so on.
They had finally cracked the code; now they went through the letter again. It said:
Confirm message from Chris to move on DC.
Officials knew that “DC” meant the D.C. Blacks, a prison gang against whom the Aryan Brotherhood had recently declared war. But, by the time authorities decoded the letter, two black inmates had been found dead in their cells in Lewisburg, Pennsylvania: one was stabbed thirty-four times, the other thirty-five.