Truth or Consequences: Cop credibility undermines two federal cases built on Baltimore Police traffic stops

By Van Smith

Published by City Paper, Dec. 15, 2010

U.S. District Judge Richard Bennett tossed out evidence in a gun case Dec. 6 because, as he wrote in his opinion, the testimony of the Baltimore police officers who arrested the defendant “simply strains credulity.” In September, U.S. District Judge J. Frederick Motz did the same in a heroin case.

In both instances, the evidence was obtained as a result of traffic stops for minor infractions, and was at issue during motions hearings at which the arresting officers testified. In both cases, the officers’ credibility did not survive scrutiny, raising questions about the efficacy of the police practice of using minor traffic violations as a pretext for going after major crimes.

The most recent case charged Travis Gaines with being a felon in possession of a firearm. Gaines was arrested in January near Pennsylvania Avenue and Mosher Street by three members of the Central District Operations Unit: Jimmy Shetterly, Frank Schneider, and Manuel Moro, according to Bennett’s written opinion. Two of them were allegedly assaulted by Gaines after one of them patted him down and found a gun in his waistband. The problem, Bennett wrote, was the officers’ reason for pulling over the car in which Gaines was a passenger: that they saw a crack in its windshield.

“This Court does not believe it was possible for the police officers to see the crack in the windshield,” Bennett wrote, so “the gun must be suppressed as the fruit of the illegal stop”—despite Gaines’ alleged assault of the officers, since it occurred after the unlawful search. The “gun was discovered before the assault, and the fact that Mr. Gaines engaged in allegedly unlawful behavior after the discovery of the gun does not expunge the government’s unlawful conduct in making an illegal traffic stop” (emphasis in the original).

U.S. Attorney Rod Rosenstein says his office is “reviewing the case and there is a strong probability that we will appeal” Bennett’s ruling. In the second case—against Stephen Chester, who was charged with possession with intent to distribute heroin—Rosenstein’s office did not appeal Motz’s ruling to throw out the government’s evidence, but instead opted to dismiss the charges against Chester.

Motz did not issue a written opinion in Chester’s case. But the courtroom drama exposing the false testimony of the police who took the stand during the motions hearing is reflected in the transcript.

During the Aug. 31 hearing, two Baltimore Police detectives—Timothy Stach and Jamal Harris—testified that they and other officers pulled over Chester’s car on April 16, 2009, in the Mondawmin Mall parking lot, because they saw he wasn’t wearing a seatbelt; and that they flashed their unmarked police vehicles’ lights as they conducted the traffic stop so that the defendant would know they were police. Yet, on cross examination, defense attorney Chris Nieto of the Office of the Federal Public Defender played video footage of the stop, which convinced Motz that the detectives’ version of events was false.

“I think that the video speaks for itself,” Motz said to Assistant U.S. Attorney Christine Celeste at the end of the hearing, as he granted the defense motion. It’s “a scenario where there’s certainly a reasonable inference that Mr. Chester thought he was being robbed. And that sort of makes . . . your case fall apart.”

It is “rare” for evidence to be thrown out in federal cases, Rosenstein says, because “these cases are carefully reviewed” by his office before they are charged. Prosecutors first sift through the police reports and then they “meet with the police officers face-to-face and interview them about the facts,” a process that “screens out potential problems.” But it is still “possible that new evidence might come up, and that’s what happened in the Chester case.”

“The video,” Rosenstein adds, “shows that [the police detectives’] testimony is incorrect.” While he declined to comment specifically about any repercussions from the Chester case, he says “whenever there are concerns about officers’ credibility, we discuss it with departmental officials.”

Baltimore Police spokesperson Anthony Guglielmi says “we obviously take extremely seriously” any instance when police credibility on the witness stand is found lacking, and such cases are “normally referred to internal investigations” to probe whether or not disciplinary proceedings are in order. Because Bennett’s ruling in the Gaines case happened only recently, Guglielmi was not in a position to discuss the status or existence of such a probe. By press time, he had not produced any information about any repercussions for the officers who testified in the Chester case.

As for the practice of pulling people over for traffic violations in pursuit of larger crimes, Rosenstein says “as a police tactic, it is useful. A lot of times, all it results in is a traffic citation. But in other cases, the result is a major arrest for drugs or guns. It is part of [a police officer’s] job to stop people for traffic violations,” he adds, and the tactic “is accepted by the [U.S.] Supreme Court as good police work.”

But the defense attorneys for Gaines and Chester say it comes with a price—the confidence and trust regular, law-abiding citizens place in their law enforcers.

“For every suspect traffic stop that results in the recovery of contraband,” Nieto says, “there are countless more involving law-abiding citizens whose rights are violated when they are pulled over, removed from their cars, and searched for no reason.” Those instances don’t receive public attention because “the people involved are never charged with a crime.” Yet, Nieto continues, “These citizens are the same people that sit on our city juries, who hear Baltimore City officers testify, and are asked to believe every word they say. It surprises me that prosecutors and the police department don’t understand that it is this type of bullying that contributes to our city’s juries being so skeptical and distrusting of Baltimore City police.”

Nieto’s colleague in the public defender’s office, Joseph Evans, who represented Gaines, adds, “The larger point is that people are beginning to realize that this is very counterproductive. It generates disrespect for the law and law enforcement and creates a lot of antagonism in African-American communities in particular against law enforcement. And this is actually a shame.”

Too Rich: Alleged cocaine trafficking mastermind Richie Rich isn’t going down without a fight

By Van Smith

Published in City Paper, Feb. 20, 2013

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Baltimore is rife with neighborhoods ravaged as fronts in the drug war, but the area around 30th and St. Paul streets, in Charles Village, isn’t one of them. This is a “college town” neighborhood near the Homewood campus of Johns Hopkins University, frequented by many who study or work at Hopkins, not by drug dealers.

Yet, on Oct. 8, 2010, the area around 30th and St. Paul streets suddenly became ground zero in the intelligence-gathering efforts of the U.S. Drug Enforcement Administration (DEA) to take down one of Baltimore’s major cocaine suppliers.

“We were pretty excited,” DEA special agent Mark Lester says, referring to the moment he and his colleague, special agent Todd Edwards, realized that Richard Anthony Wilford, who goes by the nickname “Richie Rich,” had walked into their investigation of another drug dealer, Lawrence Lee Hayes Jr., who they’d been pursuing for two months. Literally walked, because the agents watched as Wilford and Hayes spent an hour walking up and down the block around 30th and St. Paul, Lester says while testifying during a Jan. 25 hearing in the resulting case.

“Edwards knew that Mr. Wilford had been arrested before,” Lester explains, and that it was “widely known that he was suspected of being a large-scale drug dealer.”

As the investigation progressed, sussing out the details of the cross-country scheme—the coke would come from California and cash would be sent back—it uncovered the telltale elements of a classic shadow-economy scheme: legitimate-looking businesses, cars, and other assets put in the names of other parties, including ties to a Baltimore City court commissioner and a man working at City Hall.

Hayes allegedly stood at the top of a supply chain that, when it was brought down in the spring of 2011, put in the government’s hands a massive haul of cocaine—nearly 150 kilograms, 136 kilos of it in a tractor-trailer driven by Robert Nyakana, a Ugandan who made the DEA’s “Most Wanted” list while a fugitive, until he was later arrested—and about $3.5 million in cash (including $1.6 million taken from a house in Randallstown), $600,000 in jewelry, 23 vehicles, six pieces of real estate in Georgia, and some expensive electronics. Wilford, Hayes, and four others were indicted in federal court, and five other co-conspirators faced indictments in Baltimore City Circuit Court.

Wilford went on the run, hiding in Los Angeles until August 2011, when he was spotted by agents, who raided his home there and recovered $68,000 in cash. Then he laid low in Baltimore, at a house near Pimlico Race Course, where, when he was finally arrested on Sept. 16, 2011, agents found $190,000 in cash. So even as a fleet-footed fugitive, running from the U.S. marshals months after the coke scheme had been dismantled, Wilford still had access to substantial means.

Today, in the federal case, all but Wilford have pleaded guilty. He’s retained an expensive, well-regarded attorney, William Purpura—the same one Wilford has used in his criminal cases for years—to battle the government with a vengeance. Wilford says not only that serious errors were contained in affidavits in the case, but that Lester, Edwards, and their fellow law enforcers conducted illegal electronic surveillance in pursuing him and his co-conspirators by monitoring cellphone “pings”—the communication signals that bounce between phones and cell towers—and global positioning systems (GPS) devices attached to vehicles.

But if not for this warrantless electronic surveillance—which had been common practice until January 2012, when the U.S. Supreme Court ordered warrants for “slap-on” GPS devices, and August 2010, when the D.C. Circuit’s appellate court handed down a similar ruling—Wilford contends that Lester and Edwards would not have known to be in Charles Village that October day to watch him meeting with Hayes. If Wilford’s arguments prevail, the government’s case against him would suffer, or even be dismissed, as key evidence could no longer be presented to a trial jury.

Purpura and Assistant U.S. Attorney John Sippel offered testimony and argued their respective takes on these questions for much of the day on Jan. 25, before U.S. District Judge Ellen Hollander, who has scheduled more arguments for March 8. During the hearing, Purpura points out that “we guessed, and guessed correctly” that slap-on GPS devices were used in the investigation—a detail that the government had not volunteered and then “gave it up in drips and drabs.” Whichever way Hollander rules—and she indicated she was leaning in the government’s favor, despite a law enforcer’s affidavit in the case that was “replete with mistakes,” she said—the resulting decision will likely go to Richmond to be reviewed by the Fourth Circuit Court of Appeals.

Wilford, at a few inches shy of 6 feet and with neither much fat nor muscle on his frame, is not an imposing man. In the courtroom for the Jan. 25 arguments, he appears relaxed as he waves and mouths conversations with friends and family there to support him. Despite the prison jumpsuit, he looks very much a mild-mannered, legitimate businessman, with a sharp look in his eye. But the man’s not going down without a fight, and if he wins, not only will he likely go free, but drug cops are going to have to push a lot more paper getting warrants before they go pinging suspects’ cellphones—just like they have to do now, thanks to the Supreme Court, before slapping GPS units on suspects’ cars.

To say it’s “widely known” that Wilford is “suspected of being a large-scale drug trafficker,” as Lester put it, is a bit of an understatement. Wilford’s nickname has figured in some of the more storied chapters in the modern annals of Baltimore drug dealing.

Wilford’s first federal drug case, brought in 1992 when he was 19, was a conspiracy that included two men who were then twice Wilford’s age—legendary Baltimore gangsters Walter Louis Ingram and Walter Lee Powell, who are now in their 60s and, like Wilford, in trouble again with the feds (“Old and in the Game,” Mobtown Beat, Dec. 19, 2012). Wilford’s cocaine conviction in that case got him five years in federal prison, and after his release, in 2001 he caught another federal stint—two years for possession with intent to distribute heroin.

Then, while still on supervised release for his 2001 conviction, Wilford in 2008 emerged in the vortex of law-enforcement intrigue surrounding a corrupt Baltimore cop named Mark Lunsford (“Costly Charges,” Mobtown Beat, Nov. 11, 2009); Querida Lewis, a cross-country drug dealer (“Femme Fatale,” Mobtown Beat, Jan. 14, 2009) with ties to three-time Baltimore felon Milton Tillman Jr. (“Citizen of the Year,” Mobtown Beat, Aug. 27, 2008), a politically connected bailbondsman, longshoreman, and real-estate developer; and a bevy of other Baltimore drug dealers, among them Gilbert Watkins, Donta Dotson, and Dante Chavez.

Wilford’s ties to all of this came into focus in court documents, many of them sworn out by Lunsford, a former DEA task-force officer who pleaded guilty to theft and lying and who was released from federal prison in March 2012. The documents describe Wilford and his partner, Mark Anthony Hawkins, as large-scale marijuana and cocaine suppliers.

Ultimately, neither Wilford nor Hawkins got in much trouble. Wilford pleaded guilty in Baltimore County court and received probation before judgment, while the feds seized $39,045 of his money, returning $5,000 of it pursuant to a settlement agreement. During the motions battle in the case, which was built based on wiretaps, Purpura argued that Lunsford’s involvement in the probe undermined its integrity and that agents had failed to constrain their eavesdropping to relevant conversations by recording exchanges about Wilford being a “daddy to be” and “shooting over to Shorty’s [for a] cookout.” Hawkins, meanwhile, pleaded guilty in federal court and was sentenced to time served.

The others weren’t so fortunate: Lewis, Dotson, Watkins, and Chavez all remain in federal prison for their convictions.

Thus, when October 2010 rolled around and Lester and Edwards discovered Wilford walking around Charles Village with Hayes, the two DEA agents were understandably “excited”—a target of longstanding significance was suddenly in their sights. Wilford’s criminal past and flashy present—an informant told investigators he drove a $150,000 Mercedes and, indeed, several months earlier he’d been clocked at 111 mph in a Mercedes on the Washington Beltway—made him worthy prey if he was, in fact, still in the drug game.

The details of the Wilford investigation, revealed in a myriad of court documents, bring into focus the shadowy elements of the criminal enterprise, including not only the legitimate-looking business endeavors of the conspirators, but their ties to local government as well. The businesses, including Blow It Off Power Washing, R.A.W. Enterprises, B’Mores Dumping, M&M Construction, and Eight K Contracting, were varied, and some of the investigation’s targets had legitimate jobs, including one who worked for a private special-education school, the Chimes School, and another who was on the Baltimore City Hall payroll.

The picture, in all its high-resolution glory, emerged not from wiretaps—none were obtained in the case—but largely thanks to high-tech surveillance aids that provided Lester, Edwards, and their law-enforcement colleagues with nearly real-time location data about the whereabouts of their targets’ vehicles and cellphones. If someone was on the move, law enforcers could watch on computer screens and react quickly, hitting the streets to gain valuable insights leading to hard intelligence about their targets’ habits, associates, and affiliations, wherever they may lead.

During the Jan. 25 hearing, Lester explained that four slap-on GPS trackers were affixed to a total of 12 different vehicles during the investigation, which also obtained “pinging orders” from judges for at least 23 phones, allowing the agents to quickly receive GPS coordinates for those phones via emails from their service providers. If a tracked vehicle or phone moved, the agents would quickly know, and could decide whether to go out and do some good old-fashioned eyeball surveillance.

Wilford’s attorney, Purpura, had a last-minute witness to put on at the Jan. 25 hearing: Joshua Brown of GLS Litigation Services, who demonstrated with mapping software how revealing the government’s GPS-derived data can be about a person’s movements and patterns in life. City Paper visited GLS’ offices at Clipper Mill a few days later, so Brown and his partner, Gabriel Saunders, could give a guided tour of what is shown by the 30,000-or-so latitude/longitude points the government has on Wilford’s phones and vehicles over a nearly 11-month period starting in late October 2010.

“It helps you find important places,” says Brown, pointing out Wilford’s mother-in-law’s home in Los Angeles, his shopping routines when in Los Angeles, his regular routes to and from his luxury home near Elkton in Cecil County, and a trip Wilford took to the Catskills at one point. “Places of interest might also emerge when you have monitored phones intersecting with cars that were monitored—you can use both to determine whether people are together, or whether people are in a car together.”

“We take the data the government has,” says Saunders, “and make it understandable to people.” He ponders the implications as technology advances: “It won’t be long before there’s software that analyzes this, and starts to predict where you will be,” and before facial recognition capabilities can be applied to images caught on public closed-circuit television camera—so that so-called “aids to surveillance” become simply surveillance, done remotely.

While scanning the mapped data on a computer monitor, it is clear that Wilford—or at least his car—went to Baltimore’s jail complex for about two hours on Nov. 19, 2010, and that in late January and early February 2011, both his car and his phone were at the industrial waterfront in Canton, possibly to fill dump trucks with sand from the stockpiles there. On March 9, 2011, multiple cars and phones were at Perring Plaza at the same time—likely a meeting of the conspirators. At various times, the monitoring placed phones and cars in Little Italy, near Mo’s Crab and Pasta Factory and the nightclub Milan, and investigators learned that Wilford and his associates hung out at a barbershop on the 3700 block of Wabash Avenue. Throughout the period of phone- and car-tracking, the conspirators maintained a nearly constant presence in the Union Square neighborhood, in West Baltimore, in a block near Lombard and Calhoun streets that’s known for open-air drug dealing.

What Brown and Saunders show is a remarkably detailed, nuanced portrait of Wilford’s movements not only in Baltimore but Los Angeles and elsewhere. As long as he and his co-conspirators’ cars and phones were being tracked, their lives—or at least their locations, which led to a host of possibilities for surveillance and follow-up investigation—were open books.

One of the places to which electronic surveillance led the agents was 1020 Park Ave., the Symphony Center Apartment Homes, near the Meyerhoff Symphony Hall. This, they learned, was where Hayes laid his head, in unit number 907. They’d seen Hayes leave the apartment with a backpack, meet Wilford over near 30th and St. Paul, and exchange the backpack for a large cardboard box that Wilford would bring, and then Hayes would take the box to an apartment at Belvedere Towers, at Northern Parkway and Falls Road. When agents raided Hayes’ Symphony Center apartment in May 2011, they found and seized $318,006 in cash and seven expensive watches. And even before they raided the Belvedere Towers apartment, they did a trash dump there, after watching one of the co-conspirators throw some garbage in a dumpster, and found evidence that cocaine was being processed there after being shipped in hollowed-out computer towers.

But before all that, in late Sept. 2010, the agents looked into who was leasing the Symphony Center unit used by Hayes. Turned out, it was a man named Damon Crump, a Baltimore City district court commissioner at the Pataspco Avenue courthouse in Brooklyn, whose day-to-day duties involve setting defendants’ bails and reviewing sworn statements of charges to make sure they pass muster for probable cause.

Edwards, in an affidavit, explained that Crump, along with one of Hayes’ and Wilford’s co-conspirators, Alvin Purcell Wells, leased the apartment on Hayes’ behalf. Crump’s name also was on the BGE account for the apartment. “In addition,” Edwards wrote, Symphony Center’s management “identified Hayes as the individual they knew to be Damon Crump,” while Wells paid the rent—and had run up a couple thousand dollars in credit.

Crump, who was not charged with any crime for the role Edwards ascribes to him in the investigation, said in a Feb. 1 phone interview that “I’m a victim” for having helped Hayes, who he says he’s known since “I was 8 years old.” He explains that Hayes came to him in 2006 and said he’d been “put out from his home and needed a place to stay, so I got the apartment for him” by signing the lease.

The first year, Crump continues, Hayes was “doing fine, selling cars and doing carpentry and landscaping work,” and so “I see that everything is going well, so I’m going to back off.” Then Hayes talked “Wells into putting his name on the lease too,” and “so I am not down there [at the apartment] from the middle of 2007 on,” since the rent’s being paid and Wells—who Crump says he’s known since middle school, and whom he describes as “a legitimate businessman who had a group home”—is sharing responsibility for the lease. Then, Hayes gets arrested in the Wilford investigation and “I was just dumbfounded,” says Crump, adding that “I had no involvement—if I did, I would have been arrested—and if I’d known, I would’ve broken the lease.” As for Wells, Crump says, “he could have been a victim too”—and, indeed, prosecutors later declined to pursue the charges against Wells.

Much less detail is available about a target in the investigation who court documents say was on that payroll of Baltimore City mayor’s office in 2009 and early 2010, during the waning days of Sheila Dixon’s tenure there. His name appears in the Baltimore City Circuit Court case file against one of Wilford’s co-conspirators, Michael Smooth, who owns a dump-truck company, B’Mores Dumping, located at a Wilford-owned industrial property near Cherry Hill. The target is described in a “report of investigation” as one of several unindicted targets in the case, without any further details—except that he also earned income from a clothing store he owned in West Baltimore’s Union Square neighborhood, a few blocks from the near-constant cluster of locational data points turned up by the investigation’s GPS tracking efforts.

Attempts to contact the target were unsuccessful, as were efforts to learn his duties at the mayor’s office, but a visit to the clothing store’s location reveals it is no longer in operation, and its listed phone number is no longer active. As he was not charged and could not be located, City Paper is not publishing his name.

That the Wilford investigation touched on a court commissioner and a man on City Hall’s payroll is perhaps not surprising in an era of Baltimore crime-consciousness informed by intricacies of The Wire, with its thought-provoking fictional portrayals of the drug game’s far-reaching consequences. But this is real life—at least insofar as the agent’s sworn facts reflect reality—and the Wilford case stacks up as a big one by Baltimore standards.

In 2008, a 40-kilo cocaine seizure was touted by the Baltimore police as the biggest in the department’s history (“Man Gets Federal Charges for Historic 40-Kilo Coke Bust Next to Kevin Liles Drive,” Mobtown Beat, Feb. 23, 2009), though two prior ones at the Port of Baltimore were bigger, but involved other law-enforcement agencies (“OK, But It’s Probably Like the Third-Biggest Drug Bust Ever. At Least,” The News Hole, March 2, 2009). One of those larger ones, in 2004, involved a little over 130 kilograms—a few kilos less than in the Wilford case.

At the very same time as the Wilford investigation, another probe handled by the DEA in California, involving Hollywood-based figures with Baltimore ties, turned up evidence that nearly 400 kilograms of cocaine were shipped to Baltimore over a six-week period, with more than $4 million in cash going back to California (“Bringing It Back Home,” Mobtown Beat, Feb. 2, 2011). Aside from the large amounts of California coke being exchanged for Baltimore cash, the case has another similarity to Wilford’s—some of the coke in both cases was shipped in hollowed-out desktop computer towers.

In a case involving Mexican cartel coke coming to Baltimore, trial testimony from a cartel operative provided some context for these amounts (“Corner Cartel,” Feature, Feb. 23, 2011). The operative, Alex Noel Mendoza-Cano, told jurors that he had been one of the Gulf cartel’s Houston-based distributors, and his group handled about 300 tons of coke a month coming over the border from Mexico—that’s more than 272,000 kilograms per month. On the Baltimore end, Mendoza-Cano said he delivered 40 to 60 kilos per month for six months to one of the case’s co-conspirators.

The Wilford investigation, then, turned up big amounts by Baltimore standards—but in the overall scheme of things, it’s a drop in the bucket. Still, it’s not a case prosecutors care to lose over the question of whether or not the agents failed to get needed warrants for their highly effective electronic-surveillance tactics—which is precisely what Wilford is trying to make happen. Whether or not Wilford wins, he can at least say he tried.

Walter Ingram pleads guilty while crying foul in federal heroin case in Baltimore

By Van Smith

Published by City Paper, June 4, 2014

In 2010, when Walter Louis Ingram was 59 years old, he was charged in a Baltimore-based heroin conspiracy, three years after his release from federal prison for a 1992 cocaine-conspiracy conviction. Since the new charges were filed, the Baltimore gangster – famous in the 1980s and early 1990s for beating murder raps and other serious charges here and in New York City – has been fighting them from his jail cell.

His efforts, which have spanned more than three years and as many defense attorneys, came to an end Oct. 2, when he pleaded guilty before U.S. District judge J. Frederick Motz and received a six-year prison sentence – less than expected in CP‘s prior coverage of the case.

Given the long time it’s taken the Maryland U.S. Attorney’s Office to convince Ingram to admit his guilt, it’s worth noting that Ingram’s plea agreement gives him credit for “apparent prompt recognition and affirmative acceptance of personal responsibility for his criminal conduct,” the document states, and for his “timely notification of his intention to plead guilty.”

Three years is a long time for the feds to put a case to bed, and Ingram’s posture during the lengthy proceedings has been, to put it kindly, intransigent. Given this background, the agreement’s liberal use of the terms “prompt recognition” and “timely notification” seem almost sarcastic. The plea agreement also includes a waiver of appeal rights for both Ingram and the government should the sentence actually imposed be 72 months – which is precisely what Motz gave him.

Even in pleading guilty, though, Ingram sounds like a fighter. City Paper today received a jail letter from him, which states that “after careful thought and consideration, I accepted the government’s recent plea offer very reluctantly,” noting that, in his view, the case against him “had begun to reveal a [U.S. Drug Enforcement Administration] cover-up of illegal cell phone tracking and a systematic disregard for the Federal Rules of [Criminal] Procedure, Rule 41,” which dictates conduct involving searches and seizures.

Ingram writes that, based on “the very limited disclosure of discovery material in my case,” he believes that electronic-surveillance orders used in his and other federal probes in Maryland have been unlawfully obtained from state judges, rather than federal judges, based on applications by federal agents “not acting with and under the direction of a state law-enforcement officer” – a no-no, he asserts, under his reading of Maryland and federal laws.

“This erroneous practice,” Ingram continues, “has been systematically perpetuated for several years under seal” – meaning, sealed from public view under judges’ orders – and “there are many other cases involving the same illegally used procedure.” He adds that “this type of conduct undermines the integrity of the federal judicial process” because “federal agents are using illegally obtained information for federal prosecutions and covering up how the information was obtained.”

The pattern of such alleged abuse, Ingram claims, continues in the case of Richard Anthony “Richie Rich” Wilford, who was a co-defendant of Ingram’s in the 1992 conspiracy case and is also currently being prosecuted in a federal drug conspiracy – though Wilford’s case so far remains unresolved.

When Ingram gets out of prison this time, he’ll be pushing 70 – maybe a good age to retire from the streets and instead go to work for a criminal-defense firm. After all, his storied past – including his legendary association with Kenneth Antonio Jackson, the politically connected strip-club owner, longshoreman, and filmmaker who was Ingram’s co-defendant in a famous 1991 New York murder acquittal orchestrated by super-lawyer Robert Simels, who’s currently serving a 14-year prison sentence for witness intimidation – is now ancient history.

In the Wrong Hands: “Serious, disturbing problem” complicates federal heroin case

By Van Smith

Published by City Paper, Mar. 2, 2011

An inmate awaiting trial in a federal heroin case has improperly obtained copies of portions of the evidence in the case, a prosecutor’s letter contends, and the inmate has been using the documents to convince co-defendants to change their minds and not plead guilty, as they’d intended.

The breach in the case’s discovery agreement—under which the government shares evidence with defense attorneys in preparation for trial, with the caveat that the defendants themselves do not obtain copies—calls to mind a similar situation that law enforcers say ended with the 2009 murder of a federal witness in Westport, Kareem Kelly Guest (“Snitched Out,” Mobtown Beat, June 9, 2010).

The letter, written Feb. 11 to U.S. District Judge J. Frederick Motz by Assistant U.S. Attorney John Sippel, regards a heroin-conspiracy case indicted last June against nine co-defendants, including legendary Baltimore gangster Walter Louis Ingram (“Old Folks’ Boogie,” Mobtown Beat, July 22, 2010). Sippel does not name the defendant who obtained the evidence, but asks Motz to postpone the scheduled April trial in the case “so that the situation . . . can be resolved.” Sippel wrote:

A serious, disturbing problem has developed that has caused a delay in the plea negotiation process. In late January, undersigned counsel learned that one of the defendants was provided portions of the discovery materials and is/was maintaining the hard copy in his jail cell. Based on our investigation, we have learned that the defendant in possession of the discovery materials has reviewed the materials with other defendants and has convinced many defendants to change their minds about pleading guilty. Many of the defense lawyers who discussed plea options with their respective clients and believed their respective clients were going to enter into a plea agreement now report that their respective clients are no longer interested in pleading guilty.

Defense attorneys in the case express differing views on the nature of the problem. “There was no actual discovery found” in the defendant’s possession, Ingram’s attorney, Benjamin Sutley, said, adding that it appears the inmate “was blowing smoke other defendants’ way.” But Edward Smith, who represents defendant Curtis Connor, said, “Whoever it is, has it,” regarding the discovery material—while hastening to add that it can’t be his client, who is on supervised release pending trial.

Marcia Murphy, spokesperson for the Maryland U.S. Attorney’s Office, said in a Feb. 25 e-mail that “we are investigating” the breach and that, other than what’s stated in Sippel’s letter, “We have no other comment.” She did not respond to a request for information about whether there had been suspected discovery breaches in any other recent cases.

The repercussions of the prior discovery violation that allegedly resulted in Guest’s 2009 killing are still being felt. In December, Antonio “Mack” Hall was indicted for murdering Guest (The News Hole, Dec. 3, 2010); his six-week death-penalty trial is scheduled to start in March 2012. Meanwhile, a woman accused last year of obstructing justice and lying to a federal grand jury about Guest’s murder, Raine Zircon Curtis (“Street Rules,” Mobtown Beat, July 14, 2010), remains detained pending a trial that has yet to be rescheduled after its initially scheduled start date in November 2010 came and went.

Old and In the Game: “Wire”-inspiring gangsters face new prison time

By Van Smith

Published in City Paper, Dec. 19, 2012

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When they went to prison in separate early 1990s drug cases in Baltimore, Savino Braxton and Walter Lee “Stinkum” Powell had been convicted as bit players in larger schemes. Such was the case, too, when their identities were used—though not their real stories—to create characters in HBO’s The Wire: Savino Bratton (pictured, from Season 5) and Anton “Stinkum” Artis, two of the five prominent enforcers in Avon Barksdale’s crew.

Today, 55-year-old Braxton and 60-year-old Powell are again in drug trouble, and their federal cases reveal how the gangster lifestyle can keep an obdurate hold on those whose only game in life has been “the game”—and they underscore the serial prison terms that lifestyle can exact on players.

But first, an acknowledgement about the use of real people’s names from Wire co-creator David Simon: “We mangled up real Baltimore surnames and real Baltimore given names and real Baltimore street names” to create Wire characters, he says in an email.

“Why?” Simon continues. “To give reality a chance to exist on its own, while at the same time creating a collective sense of the real Baltimore that we were depicting. Having all the correct surnames and street names floating about—but in the wrong order, and clearly disconnected from the correct narrative street history of Baltimore—tethered us loosely to the real, but at the same time allowed the actual survivors of that history some fair and legitimate distance.”

“We also,” Simon adds, “thought it would make people who knew the game from either side—street or stationhouse—smile a bit. An inside joke for those with ears to listen.”

Thus, “Savino Bratton,” the Wire character, has a story that does not jibe with that of real-life Savino Braxton. Simon, as a Baltimore Sun reporter covering the 1990 heroin conspiracy of Linwood Rudolph “Rudi” Williams, described Braxton as “a sizable westside dealer in his own right who sold narcotics to the Williams group.” Bratton, meanwhile, is an enforcer for Avon Barksdale’s crew who drives snitching strip-club frontman Wendell “Orlando” Blocker and undercover detective Shakima “Kima” Greggs to a shooting ambush that leaves Orlando dead and Greggs critically wounded.

The Wire’s “Stinkum,” also a key Barksdale enforcer, ends up as gangster-robbing Omar Little’s second revenge victim. His role in the narrative seems much larger than that of real-life Walter Lee Powell, who served as an errand-runner and bill-collector for his real-life bosses, Baltimore drug dealers Walter Louis Ingram and Patricia Carmichael.

Braxton’s initial undoing began in 1990, when phone-tapping cops heard him say “I got to see you” over the phone to Rudi Williams, then one of Baltimore’s biggest law-enforcement targets in the narcotics trade. They proceeded to build sufficient evidence to raid Braxton’s home, where they found a little over 27 grams of heroin and other drug-dealing evidence.

Three years after Braxton’s 2006 release from prison, he was on law-enforcers’ radar again, thanks to a cooperator’s tip, and a raid on his Frankford apartment turned up 35 grams of heroin in his car; and in his apartment, another kilogram, more than $4,000 cash, and a variety of drug-dealing appurtenances, prompting new charges (“The Wire Meets Baltimore Reality, Redux,” Mobtown Beat, Sept. 10, 2009).

Braxton is fighting the charges—though he took a break from doing so in early 2010, when he left the Volunteers of America facility on East Monument Street, where he’d been ordered to reside on a pre-trial release, to go to a medical appointment, and failed to return. For more than two years he was a fugitive, a status that ended ignobly on Aug. 17, at BWI Airport, when he tried to board a flight with a fake driver’s license and was caught.

Since then, Braxton has filed with the court a series of legal motions, handwritten in floral script, including one asking that his appointed attorney, Archangelo Tuminelli, be replaced—a request that was denied during a Dec. 12 motions hearing before U.S. District Judge Richard Bennett, who cleared the courtroom to resolve the attorney-client dispute. The case, which is scheduled for trial in February, is being prosecuted by assistant U.S. attorney John Purcell, who is seeking an enhanced penalty of a mandatory minimum prison term of 20 years based on Braxton’s prior federal conviction, though Bennett signaled during last week’s hearing that Purcell may want to back off that hard-edged stance.

Braxton told Bennet during the hearing that he’s anxious to obtain video evidence from a Kentucky Fried Chicken video camera near the location of his arrest that would show officers lied in sworn documents presented as evidence against him. Bennett reminded Braxton, though, that “you prejudiced yourself by absconding” for more than two years and that “the cameras may or may not be there” anymore.

Unlike Braxton’s case, the current one against “Stinkum” Powell is already over; Powell pleaded guilty and on Nov. 30 received a 121-month sentence. Its details, which overlap with other FBI heroin cases populated by the likes of big-name federal defendants such as Steven Blackwell, Christian Gettis, and Roy Lee Clay Jr., stretch from Baltimore to Philadelphia, New York, Miami, and Africa. Powell ran some of his illicit business out of Quantico Carwash on Reisterstown Road, according to court documents, and some of his dealings were intercepted over a phone issued by his employer, the National Center on Institutions and Alternatives, a nonprofit based in Windsor Mill.

Meanwhile, one of Powell’s former bosses from back in the day—Walter Louis Ingram, now 61, whose earlier criminal career Simon wrote about extensively for The Sun—is also facing federal charges filed in 2010 (“Old Folks’ Boogie,” Mobtown Beat, July 22, 2010). He’s accused in a heroin conspiracy involving eight others, and all but Ingram and one other defendant have pleaded guilty—despite jailhouse attempts to dissuade them from doing so by using improperly obtained evidence in the case (“In the Wrong Hands,” Mobtown Beat, March 2, 2011). The lead conspirator, Kevin Hently, was sentenced to 10 years in prison, so Ingram, if convicted, can expect the same or more, given his long list of priors.

The Wire Meets Baltimore Reality, Redux

By Van Smith

Published by City Paper, Sept. 10, 2009

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Fans of The Wire know Savino Bratton as the character played by Christopher Clanton, the Baltimore actor who was stabbed last year at an Overlea party. Clanton’s character in Season One was a dreadlocked soldier in the Barksdale organization who helped set up the shooting of Detective Kima Greggs and stripclub manager Orlando Blocker. In Season Five, after doing time in prison, Savino Bratton (pictured) returns as a soldier for the Stanfield organization.

But what fans of The Wire might not know is that Savino Braxton—whose name is one letter removed from that of The Wire character—is a real-life Baltimore heroin dealer. In 1990, Savino Braxton was convicted as part of a massive heroin conspiracy headed by Linwood Rudolph Williams, and earned his release in 2008. His freedom was recently cut short, though, when on Sept. 2 he was arrested again on new federal heroin charges.

The Wire producer David Simon, asked in an e-mail whether the fictional Savino Bratton’s name is based on the real-life Savino Braxton, says only this: “The Wire is a fictional story. I have no comment otherwise.”

So what was Braxton up to on Sept. 2 that landed him with new federal charges? According to the complaint [see below], agents got a search warrant for Braxton’s apartment at 5312 Goodnow Road in Frankford. While preparing for the raid, they watched Braxton leave his residence, get in a purple Honda Accord, and drive off. They arrested him a short time later and found 35 grams of heroin in the car’s center console. The agents then returned to Braxton’s apartment to find another kilogram of heroin, a variety of drug-dealing paraphernalia (cutting agents, gel caps, a scale, etc.), and lots of cash “bundled in thousand dollar stacks.”

New York Boys: A Queens Gangster and His Attorney Visit Baltimore

By Van Smith

Published in City Paper, June 4, 2003

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Kenneth “Supreme” McGriff, notorious for his ruthless endeavors in the 1980s as leader of a $10-million-a-year drug organization that fueled a crack epidemic in public-housing high rises in Jamaica, Queens, came to Baltimore federal court June 2 for sentencing on firearms charges. McGriff, an ex-con, was arrested in Miami on Dec. 28 for possessing firearms, in violation of federal law, during repeated visits to a Glen Burnie shooting range.

McGriff (pictured, from Wikipedia) is a movie producer now, with a new straight-to-DVD gangster movie out, Crime Partners, based on a Donald Goines novel and featuring Hollywood stars Snoop Dogg and Ice-T. And he was recently revealed as the behind-the-scenes money and muscle of Grammy Award-winning hip-hop record label Murder Inc.

U.S. District Court Judge Frederick Motz, who is presiding over McGriff’s Baltimore gun case, has seen his share of high-profile defendants over the decades, but a Big Apple movie-and-music mogul in a Baltimore courtroom is a very rare bird.

Watching McGriff’s back in court was Manhattan lawyer Robert Simels, a veteran of nearly a quarter-century of famed defendants–from Italian mobsters and drug lords from the ‘hood, to international bankers and Russian gasoline bootleggers. Among his clients have been a few well-known Baltimoreans with New York connections. Kenneth Antonio “Bird” Jackson, the politically connected former lieutenant of Melvin “Little Melvin” Williams‘ heroin hierarchy of the 1980s, has used Simels to fight everything from tax-evasion charges to city liquor-board infractions. Simels represented William “Little Will” Franklin–a drug trafficker who in 1987 was indicted with Phillip A. “Phil Boy” Murray, owner of O’Dell’s nightclub on North Avenue, on drug charges–when he faced new drug-dealing charges in the late ’90s. Antonio “Big Black” Howell, former head of the East Baltimore gang the Nickel Boys, also turned to Simels when the feds closed in on his outfit.

McGriff, on the other hand, is a New Yorker with Baltimore connections–and the little that is publicly known about those connections suggests that Simels is going to have his hands full defending McGriff.

McGriff–who is known to use two other names, “Ricky Coleman” and “Lee Tuten”–pleaded guilty in April to gun charges stemming from his repeated use of firearms at Select-Fire shooting range next to the Glen Burnie Mall off of Ritchie Highway between January 1999 and June 2001.

Federal convicts like McGriff, who was sentenced to a lengthy prison term after his exploits in the Queens, N.Y., high rises, aren’t legally allowed to possess firearms or ammunition, yet a certificate from Select-Fire contained in court files reflects that, in August 2000, McGriff completed a “tactical handgun training course” with a “L.E. [law enforcement] Firearms Instructor” whose signature is illegible. The New York federal prosecutor, Tracy Lee Dalton, who was deputized in Baltimore to handle the case after McGriff’s December arrest in Miami, also asserts in a May 28 sentencing memorandum that “on a number of occasions the defendant utilized machine guns” at Select-Fire.

A recent City Paper visit to Select-Fire elicited a shocked reaction from owner Wayne Nowicki. “Where did you get this?” he asked when presented with a copy of McGriff’s training certificate from his establishment. When told it was from the federal courthouse, he exclaimed, “Got my balls up my asshole,” and asked the reporter to leave his shop.

Select-Fire is one of two Baltimore-area locations where prosecutor Dayton places McGriff. The other is a residence in the Red Run Apartments complex in Owings Mills, where two men from New York were gunned down in the parking lot on Aug. 20, 2001. Inside the apartment investigators found McGriff’s fingerprints as well as the Select-Fire certificate, “numerous items related to [Crime Partners],” a stolen handgun, about $30,000 in cash, and “a large quantity” of cocaine and heroin.

The official line on the Red Run double murder, which remains unsolved, is simply that it appears to be drug-related. Four months earlier, one of the Red Run victims, Karon Russell Clarrett, had been nabbed on Interstate 95 in Robeson County, N.C., with 2.3 kilograms of cocaine.

Federal authorities in New York have linked McGriff to violence in recent years, though he hasn’t been charged with any related crimes. “In one instance, McGriff directed co-conspirators to kill a drug associate who, agents believe, McGriff suspected of cooperating with the government,” according to an Internal Revenue Service affidavit, quoted in the May 17 Sun, filed May 12 in a New York federal forfeiture suit filed against McGriff’s assets. “In another instance, McGriff was involved with the shooting of another rap artist named 50 Cent.” The performer in question, 50 Cent, has been at the vortex of hip-hop-world violence: He’s been shot on two occasions and has made a name in part on his resulting street credibility.

At McGriff’s June 2 hearing, Judge Motz handed him a 37-month sentence, to be served consecutively with whatever term he receives for another gun charge pending in New York.

“There is absolutely no excuse for you to be anywhere near a firearm,” Motz admonished McGriff, concluding that the only reason for the defendant’s gunplay at Select-Fire was “to keep your skills up, and that says it all. Felons have no reason to keep their [gun] skills up.”

Before the hearing, Simels bantered with the press.

“It shouldn’t even be in violation of federal laws [for a felon] to be at a firing range,” he insisted. When he went before Motz, however, Simels changed his tune, pleading with the judge for a lighter sentence, acknowledging, “It was wrong for [McGriff] to go.”

“This is a lot of attention for a little case,” Simels remarked to the courthouse press corps. But the widespread attention to McGriff’s misdeeds in Baltimore is due to his newly publicized stature as a player in the rap world.

Since last December, when the New York Daily News first reported that a U.S. Attorney’s Office in Brooklyn was zeroing in on McGriff and Crime Partners, McGriff’s role in Murder, Inc. has taken shape in the press in drips and drabs. The probe, begun in 2000, is prying into alleged financial ties between the drug world and the rap industry.

The federal forfeiture suit filed on May 12 in New York against McGriff’s movie company, Picture Perfect, alleges that since 1999 McGriff has been laundering drug money, including profits from his Baltimore operations, through the Crime Partners project. Murder Inc. promoted the movie while Def Jam Records produced the film’s soundtrack, according to the suit.

Other entertainment-industry players crop up in the complaint, including Raven Knite Productions of Los Angeles, which is said in the suit to be Crime Partners’ agent. The company’s roots are in producing 1990s music videos, including ones for Marion “Suge” Knight’s Death Row Records. It currently gets decent work on the Hollywood periphery. In 2001, for instance, Raven Knite snagged a production credit for Queens-based Transcontinental Records’ jump into the movie world, Long Shot, a movie that AllPop.com describes as “a teen comedy with cameos from Britney Spears, Lance from *NSync, KC [of the Sunshine Band], and Kenny Rogers.”

“In or about 2001,” the IRS forfeiture suit alleges, a package to Raven Knite was intercepted by authorities after it had caught the attention of drug-sniffing dogs. The package was from one of Crime Partners’ co-producers, Jon Ragin of New York, a man with a criminal history in the drug business who currently is facing credit-card fraud charges in connection with the Murder Inc. investigation. Inside was $5,000 in cash, wrapped in scented baby wipes–a tactic, the complaint alleges, that is frequently used by narcotics traffickers “to disguise the tell-tale scent of their narcotics proceeds.”

Attempts to reach Raven Knite for comment were unsuccessful. The company’s listed Los Angeles telephone number has been disconnected.

With the federal investigation of McGriff and Murder Inc. heading into courtrooms, Simels is handling spin control as the feds’ version of events seeps out of the court files and into press coverage. Simels has said repeatedly that while McGriff has an ugly past in the drug business, his present moneymaking endeavors in the entertainment industry are entirely legitimate.

And profitable, by all appearances. After McGriff’s Dec. 28 arrest in Miami on the Baltimore gun charges, a magistrate judge concluded that McGriff should be kept in detention because he presented a flight risk, in part because his billfold is fat. In addition to the small amounts of ecstasy and heroin found in McGriff’s wallet when he was arrested in a Miami hotel, the judge proclaimed that McGriff “has extensive financial resources.” Presumably, then, he can afford Simels’ pricey legal services–unlike some of Simels’ past clients, like Good Fellas mobster Henry Hill and New York Jets football player Ken O’Brien, both of whom Simels sued for failure to pay their bills.

New York Attorney Robert Simels, Serving a 14-Year Prison Sentence, Co-Owns Baltimore Condo with Kenny “Bird” Jackson’s Mother

By Van Smith

Published by City Paper, Feb. 22, 2010

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Robert Simels, the New York criminal-defense lawyer who for decades represented some of Baltimore’s most notorious drug-world defendants, won’t be using his Water Street condominium in downtown Baltimore anytime soon. In early January, he began serving a 14-year prison sentence for intimidating witnesses on behalf of one of his clients, Shaheed “Roger” Khan, a former Marylander convicted in New York of running a massive Guyana-based cocaine conspiracy.

Simels purchased Unit 1201 at 414 Water St. with Rosalie Jackson in 2008 for $362,300, according to land records. Rosalie Jackson is the mother and business partner of Kenny “Bird” Jackson, the politically connected ex-con who owns the Eldorado Lounge strip club on East Lombard Street.

Over the years, Kenny “Bird” Jackson made use of Simels’ prodigious skills as a criminal-defense attorney, including for a New York case in 1991, when Jackson was acquitted of the 1984 murder of cocaine wholesaler Felix Gonzalez after Gonzalez’ relatives testified against the government at trial. Today, in addition to running the Eldorado, Kenny Jackson is the producer/director of The Baltimore Chronicles: Legends of the Unwired, a series of docu-dramas that claim to tell the real-life stories behind HBO’s The Wire.

Other notable drug-world clients of Simels who appeared in Maryland courts over the years include:

Eric Clash of the politically connected Rice Organization drug conspiracy, which also involved restaurateur Anthony Leonard of Downtown Southern Blues, a tenant of Kenny Jackson’s; Kenneth “Supreme” McGriff, a legendary Queens, N.Y., gangster who faced gun charges here; and former fugitive Shawn Michael Green (“Flight Connections,” Mobtown Beat, Mar. 12, 2008), an associate of accused kingpin Maurice Phillips, who is currently facing the death penalty in a lengthy drug-conspiracy trial in Philadelphia. (See also our stories on Green’s arrest [“Return Flight,” Motown Beat, Dec. 24, 2008] and his guilty plea [“Shawn Green Pleads Guilty,” The News Hole, Dec. 11, 2009] made in Dec. 2009.)

Big Target: Feds in New York Dub Indicted Defense Attorney Simels a “Danger,” Aim to See His Fees in Baltimore

By Van Smith

Published in City Paper, Feb. 12, 2009

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On Thursday, Feb. 5, the Justice Department took two shots at Robert M. Simels (pictured, from http://www.simelslaw.com), the self-described “Rolls Royce” of criminal-defense attorneys.

In New York, where Simels is charged with witness intimidation in connection with his defense of former Marylander Shaheed “Roger” Khan (“Team Player,” Mobtown Beat, Sept. 24, 2008), who is accused of running a violent Guyanese cocaine conspiracy, prosecutors called Simels a “palpable danger” to public safety and convinced a judge to keep Simels’ bond, which is secured with his $2.5 million Westchester, N.Y., home, at $3.5 million.

Meanwhile, in a Baltimore case that appears unrelated to Khan, another Justice Department attorney asked a judge to order Simels to cough up detailed information to a grand jury about how he’s getting paid to represent accused drug trafficker and money launderer Shawn Michael Green (“Flight Connections,” Mobtown Beat, Mar. 12, 2008).

Just another day in the decades-long war between Justice and Simels.

In the mid-1980s, shortly after Simels had entered private practice on the heels of a career as a young federal prosecutor, Rudy Giuliani, then New York’s U.S. attorney, tried and failed to get information about Simels’ fee arrangements with clients. But today in Maryland, according to local attorneys, the law is clear that grand juries are entitled to look at attorneys’ fee arrangements, though they rarely do so.

“It’s rare but not unheard of,” says former federal prosecutor and longtime defense attorney David Irwin, when asked about how frequently the grand jury goes after attorneys’ fees. He predicts that “the government is going to win the motion and Simels is at best filing a delaying action.”

Simels is famous in New York for representing high-profile clients such as Kenneth “Supreme” McGriff (“New York Boys,” Mobtown Beat, June 4, 2003) and Henry Hill, whose gangster stories have entered popular culture. But Simels’ Baltimore clientele over the years, such as Green, tend not to be household names–though they are accused of being high up in the game and are often well-connected. Two of them–Eric Clash of the Rice Organization (“Wired,” Mobtown Beat, Mar. 2, 2005) and Kenneth Antonio “Bird” Jackson (“The High Life,” Mobtown Beat, Jan. 3, 1995), who owns the Eldorado Gentlemen’s Club–have known ties to Baltimore politics.

The motion filed against Simels in the Shawn Green case, by assistant U.S. attorney Kwame Manley, is stunning for its disclosures about a secret grand-jury investigation. Green was captured after nearly two years on the run, and at his first court appearance in December 2008, Simels was at his side. In light of what the Justice Department reveals in Manley’s motion, the grand jury is interested in whether or not Simels was getting paid to represent Green during his lengthy stretch on the lam.

What’s known about Green so far is based largely on court records in Baltimore and in connection with a sprawling federal prosecution in Philadelphia against the Phillips Cocaine Organization (PCO), in which Green is not a defendant. Real-estate lawyer Rachel Donegan, mortgage broker David Lincoln, and Green’s mother, Yolanda Crawley, pleaded guilty last year to their parts in Green’s allegedly illicit assets and activities, with interests spanning the East Coast from Florida to New Jersey.

Yet the Justice Department, according to the motion to compel Simels to open up his books, thinks Green kept up the conspiracy while on the run, after his co-conspirators were arrested. It expects to file more charges. The grand jury, the motion continues, “is continuing its investigation of Green and other individuals,” and “the Government believes that during Green’s nearly two-year period as a fugitive, he continued to launder proceeds of illegal activity through known co-conspirators in this case.”

The specific information sought by the grand jury from Simels concerns “attorney fees and retainers received for the representation of Green, the amount of funds received, the identity of the individuals who provided such funds, and the dates and manner in which such funds were provided (i.e., cash, check, wire, etc.).”

Last March, with Green still a fugitive, Simels told City Paper in a telephone interview that he was not Green’s attorney. The question was raised because court records show that Simels had been sent mail from U.S. Attorney Rod Rosenstein in connection with the federal forfeiture of Green’s Reservoir Hill apartment building and recording studio.

Simels did not respond to messages left at his office for this article. The Justice Department declined to comment.

The government’s strong language came in reaction to a Feb. 2 bond-modification request by Simels’ attorney, Gerard Shargel, who sought to remove the secured money bond as a condition of Simels’ release pending trial. In it, Shargel points out that the bond set on Sept. 10 “was not based on any judicial finding that Mr. Simels poses a risk of flight or a danger to the community,” and thus asserts that the prosecutors cannot show that Simels poses such risks.

The prosecutors, Steven D’Alessandro and Morris Fodeman, went ahead and called Simels dangerous anyhow, while arguing that they are not required to prove that he is. In doing so, they restated the allegations–that Simels sought to bribe and threaten witnesses, including with violence–and note that Simels is wealthy, that the evidence against him is strong, and that his behavior was conducted in his role as an attorney.

“The Court can have little confidence,” the prosecutors continued, that Simels will not further obstruct justice “now that Simels, as opposed simply to a client, would benefit” from such crimes. Thus, they concluded, “there exists a palpable danger were the defendant released without significant pre-trial conditions,” such as the high bail set when he was first arrested.

The New York round went to the government when the judge agreed last Friday to keep Simels’ bond set high. Green’s judge in Baltimore, J. Frederick Motz, set a Feb. 23 deadline for Simels to submit his opposition to Manley’s attempt to open up his books on the Shawn Green account.

Unstopped Snitching: Skinny Suge’s Prison Cell Phone Seized

By Van Smith

Published in City Paper, Dec. 24, 2008

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Ronnie Thomas, also known as “Skinny Suge” and “Suga da Pimp,” is a tenacious media hound. He made a name for himself with the 2005 release of his video, Stop Fucking Snitching Vol. 1, a rambling, low-budget documentary that opened a frenzied national discussion on street-level abhorrence for police cooperators.

Now Suge’s in the Supermax prison, serving time for a 2007 assault conviction and awaiting trial on federal gang-related conspiracy charges. But according to federal court documents, that didn’t stop him from shouting out to friends and fans over a contraband cell phone taken from his prison cell on Nov. 24. The documents, which include the phone numbers of incoming and outgoing calls and text messages contained in the phone, indicate that authorities learned of the phone through an informant’s tip.

Many of the text messages transcribed in the court records are Thanksgiving greetings (“Happy Turkey Day!”) or about routine matters (“Do u still got tarsha number from the salon?” and “What’s up mike got locked up this morning.”), but others are just plain cryptic–apparently, even to Suge. “SO U PLAYING GAME WITH ME BITCH,” reads one, sent to Suge in the early morning hours of Nov. 24. “What u talking bout,” Suge texts back.

The same question could be asked when reading this message, sent by Suge (pictured, in a scene from the movie) to a WERQ radio deejay: “BIG L, Real words from da ckitys realest negro, Smash &ckrip r somegood lil negros an im definitely bhind dem boyz wishin dem nothing but da best! Let dem ckats know, on my word da whole Bgang is Bhind dem! GET MONEY PIMPIN-DA BIG HOMMIE, SUGA DA PIMP E.A.”

The deejay, Big L, explains the communiqué this way: “Suge texted me a message and asked me to play a song or give him a shout-out while I was on the air,” he says during a Dec. 10 interview with City Paper. “There was a local rap group on the air with us, Smash ‘n’ Crip, and he just was listening and wanted to let them know they sound good. To hear him say something like that is a plus for them,” Big L says of the rap group–which, he adds in reference to the word “Crip” in the group’s name, “has no gang affiliation.”

Suge, Big L says, “is an old friend of mine from growing up in the neighborhood. He was a good guy, despite the things he might have done wrong. He always showed me respect, like I shown him.”

Suge’s lawyer, Michael Montemarano, says he is aware that a phone was seized from his client’s prison cell, but explains that “I can neither confirm nor deny that he had the cell phone.” Montemarano also says that, “to the extent that it would be true” that Suge had a cell phone in prison, “it would be troubling,” because “how could he have gotten the phone without the help of someone in a blue suit?”–referring to uniformed correctional officers.

“Cell phones are not allowed in prison,” says Maryland Department of Public Safety and Correctional Services spokesman Mark Vernarelli, “and they are a major problem that we have been trying to address.” Neither Vernarelli nor U.S. Attorney’s Office spokeswoman Marcia Murphy had anything further to add about the incident.