Star-Crossed: Property co-owned by Jada Pinkett Smith tied to alleged Baltimore drug conspiracy

By Van Smith

Published in City Paper, Feb. 16, 2005

A Feb. 2 indictment of 13 men who federal prosecutors say are involved in a violent Baltimore drug conspiracy called the “Rice Organization” seeks forfeiture of co-conspirators’ assets—including an East Baltimore property that state records show is co-owned by actress Jada Pinkett Smith. The property, 1538 N. Caroline St., is a three-story corner building on a 1,440-square-foot lot in the heart of Oliver, a neighborhood long ravaged by the illegal-drug economy. The indictment does not mention what role the property played in the alleged conspiracy, only that the government would seek “all of the right, title and interest of Chet Pajardo, the defendant, in the real property and appurtenances” there.

The $22,000 purchase of the house by Pinkett Smith (listed as “Jada K. Pinkett” in the property records; her middle name is Keran) and Chet Pajardo, a 36-year-old Owings Mills man named as a defendant in the case, was recorded with the Maryland Department of Assessments and Taxation on Nov. 17, 1994. At the time, Pinkett Smith was 23, had already appeared in her feature-film debut, Menace II Society, and was on theater screens co-starring with Keenan Ivory Wayans in A Low Down Dirty Shame. Less than three years later, in 1997, she married fellow actor Will Smith in a ceremony at the Cloisters in Baltimore County.

Ken Hertz, senior partner of the Beverly Hills, Calif., law firm Goldring, Hertz, and Lichtenstein, who represents Pinkett Smith, told City Paper on Feb. 10 that the actress, who grew up in Baltimore and was living here in 1994, met Pajardo about 10 years ago, when Pajardo was working for United Parcel Service. “He was an acquaintance,” Hertz says, explaining that Pinkett Smith split the down payment with Pajardo and has been paying her share of the monthly mortgage payments ever since. She’s had no contact with Pajardo in many years, Hertz contends, and she’d forgotten she owned the building because her accountant made the monthly payments.

Despite the neighborhood’s plight—two blocks away in 2003, for example, all seven members of the Dawson family were burned to death in their home by one of the drug dealers they’d been trying to run off—Hertz says Pinkett Smith’s was “not a dumb investment, because it was so little money.” The Sun reported on Feb. 12 that Hertz also said it was “very important to note that we’ve been assured that she is not a target of the investigation.” (City Paper first reported on its web site that Pajardo and Pinkett Smith co-own the Caroline Street property on Feb 10.)

Pajardo’s defense attorney in the federal conspiracy case, James Gitomer, told City Paper that “I don’t speak to reporters about my clients” when asked if he would be willing to answer some questions about Pajardo.

Members of the Rice Organization, according to the federal indictment, are charged with murders in connection with a drug-trafficking conspiracy that yielded at least $27 million since 1995. Prosecutors allege the group has brought at least 3,000 pounds of cocaine and heroin to the streets of Baltimore. Chet Pajardo faces one conspiracy count, though the details of his alleged crimes are not given.

One Rice member appears in the locally produced Stop Fucking Snitching DVD that drew widespread attention late last fall as an unusual example of witness intimidation doubling as entertainment. Another of those indicted as an ostensible part of the Rice Organization, Anthony B. Leonard, co-owned the former Antique Row restaurant Downtown Southern Blues, which was housed in a North Howard Street property owned by the family of Kenneth Antonio Jackson. Jackson is a strip-club owner and an ex-con who, in the 1980s, became famous as a top lieutenant for the heroin-trafficking organization of Melvin Williams, a major figure in Baltimore’s drug underworld of the 1960s, ’70s, and ’80s.

Pajardo has a noteworthy connection to city politics. On Sept. 8, 2003, he gave $200 to the re-election campaign of city Comptroller Joan Pratt (D) at a fund raiser catered by Downtown Southern Blues; the event brought in a total of $11,500. Four days later, on Sept. 12, 2003, Pajardo donated $100 to the campaign of Democrat Charese Williams, who challenged incumbent City Councilwoman Stephanie Rawlings Blake (D-6th District) and lost in the September 2003 primary. Pratt also donated to Williams’ upstart campaign, giving $1,500 of the $22,500 it raised. Pratt did not respond to requests for comment by press time; attempts to reach Williams were unsuccessful.

During a Feb. 9 visit to the Caroline Street property co-owned by Pajardo and Pinkett Smith, the building was boarded up but had a fresh coat of paint on the entrance. It appeared structurally sound and well-maintained, though its property-tax assessment dropped from $14,100 to $3,000 this year, according to state records. A pay phone was attached to its outside wall. When a photographer visited the building the next day, a woman driving by in a car shouted out, “Is that Jada’s place?” On another Feb. 10 visit, an unidentified man was seen locking up and leaving the property.

Baltimore City Board of Municipal and Zoning Appeals records indicate that Everton Allen applied in April 2003 to use a portion of the building as a grocery store, though housing records indicate that the property has been vacant since 2000. A phone number could not be found for Allen at the Randallstown address given in his application.

The previous zoning application for the Caroline Street property was filed in 1996 by Brian E. Macklin, who wanted to open a convenience store at the site. A Polaroid of the building contained in the zoning file shows a Pepsi-Cola sign hanging over the entrance that reads andy’s grocery. A copy of Macklin’s application was sent by the zoning board to “C&J Inc., c/o Chet Pajardo,” and the file notes that in 1993 Pajardo and Jay Anderson pulled an occupancy permit for the address. Court records indicate that Macklin’s current address is on Kentbury Court in the Lyonswood subdivision of Owings Mills, the same small cul-de-sac as another Pajardo property that is under federal forfeiture as part of the Rice Organization indictment. The listed phone number for Macklin’s home-improvement company, Sorgen LLC, is disconnected, and no other contact information for him could be found.

An internet search of the Caroline Street address turns up the name of a business, Peaceful Image Inc., located there. Its corporate charter was forfeited for failure to file tax returns for 1998, according to state records, and it was incorporated by Pajardo on Aug. 15, 1995, “to engage in the business of retailing, wholesaling, manufacturing, and distributing clothing and accessories.” The founding board members were Pajardo, Leon Dickerson, and Michelle Narrington. A year earlier, on Aug. 3, 1994, these three and another individual, Condessa Tucker, registered Peaceful Image as a trade name, and stated its business as “silkscreen, embroidery, T-shirts, and hats.” The company’s principal office was in a building Pajardo owned between 1992 and 2000, on the 1000 block of West 43rd Street in Medfield.

Leon R. Dickerson was identified on the Peaceful Image trade-name application as Leon Dickerson III. An obituary for Leon R. Dickerson III was published in The Sun on Dec. 21, 2001, after he was killed in a stabbing. He was 31 years old and described as a social worker and basketball coach who worked with students struggling with learning disabilities and emotional challenges. According to Baltimore County Police records, Dickerson, who was married, was killed in a lovers’ triangle when the estranged husband of his girlfriend entered her Cockeysville apartment and stabbed both of them; only Dickerson died from his wounds. Dickerson’s parents are neighbors of Pajardo and Macklin in the Owings Mills subdivision of Lyonswood.

When Pajardo and Pinkett Smith purchased the Caroline Street property in 1994, the address given for property-tax mailings was in the 2300 block of North Monroe Street in West Baltimore. The owner, then and now, is listed as Wahseeola C. Pajardo. City Paper’s attempts to reach her at her listed phone number were unsuccessful.

 

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.

Cooking Goose: “Stop Fucking Snitching” figure gets snitched on in prison

By Van Smith

Published by City Paper, July 24, 2013

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Sherman “Goose” Kemp, one of the cash-loving, drug-dealing stars of 2004’s anti-rat Baltimore street-culture documentary Stop Fucking Snitching Vol. I, already had a prodigious list of prior drug-related convictions before he was charged anew in early 2012 with conspiring to smuggle heroin into federal prison, where he was serving a 30-year sentence, and sell it at a huge mark up: two federal convictions in the 2000s and one Maryland conviction in the 1990s. Now, having copped to the new charges, Kemp’s list of priors is even longer.

After signing a guilty-plea agreement in October, Kemp (pictured, in a Stop Fucking Snitching scene) was recently sentenced – and received a pretty good deal, given that such priors often result in draconian sentences: four more years added to his existing term, shifting his release date from 2035 to 2039, when he’ll be about 60 years old. He actually got a 10-year sentence, but U.S. District judge Catherine Blake ordered six of them to be served concurrently with his existing prison term.

According to the plea’s statement of facts, “beginning in April 2011, through November 7, 2011, Sherman Michael Kemp, agreed with Lasheta Claybourne and others to smuggle heroin from Baltimore, Maryland, into FCI Beckley, West Virginia, where he was serving a federal sentence. Once the heroin was smuggled inside the prison, Kemp and other distributed the heroin at approximately $600 per gram.”

The statement has an additional sentence, with lines drawn through it, indicating that Kemp and the government do not agree that this could be proven: “Additionally, in September through November 2012, Kemp worked with others to try to smuggle heroin into the Chesapeake Detention Facility in Baltimore, Maryland, where he was being held pretrial.” The facility is run by Maryland’s prison agency and now is used to house federal pretrial detainees, but until early 2011, it had long been used as the state’s “Supermax” prison, formally known as the Maryland Correctional Adjustment Center.

In the prison-heroin case, another Beckley inmate ratted Kemp out, according to court records, prompting investigators to uncover a complex smuggling scheme involving Claybourne, who has not been charged publicly. She is described in court documents as a licensed nursing assistant at University of Maryland Medical Center who arranged for heroin shipments to be sent to Kemp in Beckley and managed the scheme’s money.

Kemp’s 2008 firearm-and-cocaine conviction in Maryland, for which he received a 180-month sentence, was followed with a jury conviction in a Pennsylvania case that yielded Kemp’s 30-year sentence and $31 million judgment for his part in the sprawling and murderous Phillips Cocaine Organization, in which other Baltimore players were in the picture, including Anthony Ballard and Shawn Green. Kemp’s name also appeared in court documents in the 2010 racketeering case against the Black Guerrilla Family prison gang in Maryland, with his phone tied to that of the gang’s on-the-streets heroin dealer, Kevin Glasscho.

Back in 2004, before Sherman “Goose” Kemp went to prison to serve 30 years for successive federal drug-trafficking convictions in Maryland and Pennsylvania, his appearances in Stop Fucking Snitching made law enforcers bristle. The Baltimore street-culture documentary’s core message-that those who cooperate with cops should be silenced by violence-went viral on both sides of the issue, and when Kemp’s 2007 Maryland indictment came down, Baltimore DEA’s then-assistant special agent in charge, Carl Kotoswki, said in a press release that “if convicted, Kemp, a self-proclaimed star of the streets, will have years in federal prison to refine his acting skills.”

In February 2012, Kemp, now 34 and serving a sentence set to end in 2035, was indicted again in federal court, this time for running heroin in prison. Details that emerged in court on June 28 reveal that, just as in his prior two cases, snitching made it happen. If convicted, he faces a possible life sentence.
In September 2011, a fellow inmate at Federal Correctional Institution (FCI) Beckley, in West Virginia, sparked a new DEA investigation into Kemp’s alleged heroin-dealing at the medium-security prison. The scheme, as described in court documents, involved an intricate chain of phone calls, text messages, shipping, and smuggling that made Kemp “responsible for the majority of the heroin that is being smuggled into and trafficked within” FCI Beckley, which has an inmate population of 1,643, plus another 416 in an adjacent minimum-security camp.
Each of the inmates served by Kemp’s alleged scheme had to give him half the heroin they smuggled in, which, according to court documents, commanded a price of $600 per gram-much higher than the $200 or so per gram it costs on the street. Thus, the single 10-gram package agents tracked and seized during the investigation could have been sold for $6,000; Kemp stood to make a good living this way – and based on what Kemp had to say in Stop Fucking Snitching, it’s the only kind of living he cares to make.

In one scene in the movie, according to court documents, Kemp talks with his friend Tremain Tazewell as they sit in the West Baltimore bar they then ran together, Pete’s Place. Kemp declares that it doesn’t “count” if “you got money from your grandmother dying or your mother passed away or someone died on an airplane,” or “you were hurt from when you were born,” or “you made your money from baseball, basketball, football and shit.” The only money that “counts,” he says, is “street money, blood money, money in rubber bands,” adding that “if it don’t come in rubber bands, vacuum sealed, freezer bags, or ziplock bags, shit don’t count.” Then Tazewell chimes in: “And trash bags.”

Tazewell later ended up convicted of drug crimes; now 34, he’s scheduled to be released from federal prison in 2025. Many others who appeared in or helped make Stop Fucking Snitching, including producer Ronnie Thomas (better known as Skinny Suge), Van Sneed, Akiba Matthews, George Butler, Warren Polston, and Eric Bailey, were later convicted in federal court on drug-related charges. In addition, two former Baltimore City police officers mentioned in the film, William King and Antonio Murray, were convicted of robbing drug dealers and selling the drugs themselves.

The details of the investigation into Kemp’s prison-heroin indictment emerged when prosecutors filed documents in Maryland U.S. District Court on June 28 to oppose Kemp’s argument that investigators employed unlawful tactics to build their case. The filing offered the first public glimpse of the evidence against Kemp.

The alleged scheme involved numerous steps. First, once Kemp “approved of an inmate receiving heroin inside of FCI Beckley,” court documents say, the inmate would be provided the cellphone number of Kemp’s “female associate in Baltimore City, Lasheta Clayborne,” described as a licensed nursing assistant at University of Maryland Medical Center. The inmate would then have his girlfriend call Clayborne and say, “I’m calling for (insert inmate’s name); he said to give you an address.” Clayborne would respond by telling the girlfriend to “hang up and text her the address,” and then would mail to the address a package, “usually a box of candy,” that “contained a quantity of heroin secreted in small balloons.” Once the heroin arrived, “it was then up to the inmate’s girlfriend to smuggle the heroin inside to the inmate”-usually by “body carrying” in “private areas of the body” or by “mouth transfer” when kissing the inmate.

Clayborne, who has not been publicly charged for her alleged involvement in Kemp’s case and could not be reached for comment, also had an important role on the money side of the alleged scheme. “Kemp frequently directs Clayborne to send money to other individuals involved in his heroin smuggling operation,” court documents say, and she “sends money into Kemp’s account via Western Union.” Kemp’s prison customers, meanwhile, are “directed to have someone on the outside send an amount of money to Clayborne,” who then “notifies Kemp the money has arrived” in payment.

Kemp has maintained his innocence in the prison-heroin case, as he did in the Pennsylvania case-in which he was one of 11 defendants in a violent drug-conspiracy case against the Phillips Cocaine Organization (PCO) which included the murder of a federal witness. Kemp and two others, including kingpin Maurice Phillips, stood trial for three months as co-defendants, and cooperators testified for the prosecution. After Kemp was convicted of a single cocaine-conspiracy count, he asked for a new trial, saying the government had failed to disclose to him, as required, evidence that could have been used to impeach one of the cooperators who testified against him. When his motion was denied, he appealed, and still awaits a ruling.

Back when Kemp was a “star of the streets,” kicking it in his posh waterfront apartment at Spinnaker Bay in Baltimore’s Harbor East neighborhood and owning a sporting goods store on Loch Raven Boulevard, life carried some risks. In the early 2000s, for instance, when a vicious drug-dealing outfit headed by rap-music producer Willie Mitchell was warring with the infamous Rice Organization, a rival drug crew with political pull, Mitchell’s underlings hatched an aborted plan to rob and kill Kemp, according to court documents.

But Kemp lived large-as seen in Stop Fucking Snitching, when, hanging at Pete’s Place, he “pulls wads of cash out of his pocket” that are “wrapped in rubber bands,” court documents say. No matter what happens in his prison-heroin case, those days are long gone.

Working Overtime: Drug Conspirator Eric Clash Says Cooperating Rehabilitated Him

By Van Smith

Published in City Paper, Apr. 1, 2009

His well-fitted gray suit and good-natured confidence lend 30-year-old Eric Clash the look of an earnest young professional as he stands behind the defense table on March 9 in U.S. District Court Judge William Quarles’ courtroom in Baltimore. With bright eyes shining under his clean-shaven dome and a light, trimmed beard on his chin, Clash doesn’t look like what he is: a second-generation drug dealer who, after agreeing to plead guilty to charges in a massive drug conspiracy, has spent the past three years helping the government make criminal cases. He appeared before Quarles on March 9 to ask for leniency, saying he left the thug life for good when he became a cooperator.

When Clash was first charged in 2005 as a member of the violent, politically connected Rice Organization drug conspiracy, which operated in Baltimore from the mid-1990s until the mid-2000s (“Wired,” Mobtown Beat, March 2, 2005), prosecutors seized about $150,000 from his bank account and said he “occupied a high level” in the group’s hierarchy. Today, with Quarles set to sentence him, Clash is projecting the image of a changed man in grave danger, due to his cooperation with authorities.

Of the 13 Rice Organization co-defendants, Clash is one of three who remains to be sentenced. The other two are Steven Campbell and Anthony Leonard, who also have been revealed in open court to have cooperated with the government. The remaining 10 Rice Organization co-defendants–brothers Howard Rice and Raeshio Rice, Chet Pajardo, Eric Hall, Robert Lee Baker, Michael Felder, Keenan Dorsey, George Butler, Oreese Stevenson, and James Jones Jr.–are serving prison sentences, with release dates ranging from two or three years from now until 2030.

In addition to bringing a steady stream of cocaine to Baltimore, the Rice Organization was responsible for violence, including murder. Among the businesses associated with the crew was Downtown Southern Blues, a restaurant on Howard Street’s Antique Row whose landlord was Kenneth Antonio Jackson, an ex-con and strip-club owner with a long history in the drug game and local politics (“The High Life,” Mobtown Beat, Jan. 3, 1995). Several Rice Organization members gave campaign funds to local politicians, some of whom held fundraisers at Downtown Southern Blues.

One of the Rice Organization members, Pajardo, co-owned an East Baltimore corner-store property with Hollywood actress Jada Pinkett-Smith, the wife of actor Will Smith (“Star-Crossed,” Mobtown Beat, Feb. 9, 2005). Another, Butler, was featured in 2005’s infamous Stop Fucking Snitching DVD, produced in Baltimore to warn off potential cooperators. Clash, who bought and sold Baltimore real estate including a westside bar called the Red Door during his drug-dealing years, is the son of Edward Clash, who himself was convicted of drug dealing in 1994.

Four Rice Organization rivals–Willie Mitchell, Shelly Martin, Shelton Harris, and Shawn Gardner–were convicted of numerous federal organized-crime charges last fall. Among them were murder charges arising from the 2002 stabbing of three Rice Organization members, including Clash and Raeshio Rice, outside the now-defunct Hammerjack’s nightclub in downtown Baltimore, after a birthday party for Baltimore-born rap mogul Kevin Liles. In February and March, three rivals received life prison sentences while Martin received a 400-month sentence.

Both Clash’s lawyer, Robert Simels, and his prosecutor, assistant U.S. attorney Jason Weinstein, tell Quarles that Clash is over and done with his former life in the game, and that he holds promise in lawful pursuits in the future.

Weinstein says Clash is an “extremely bright man” with “impressive potential.” He says Clash’s sentence reduction will be “richly deserved,” since “‘exemplary’ is the word I’d use to describe Mr. Clash’s cooperation.” He reminds the judge that Clash had “less of a role in the conspiracy” than two other indicted Rice Organization members, Steven Campbell and Anthony Leonard, who also cooperated as part of their pending pleas.

Simels’ job is easy, given the prosecutor’s lavish praise for his client: “It is rare in my experience that I have heard an assistant [U.S. attorney] speak as glowingly as Mr. Weinstein has of Mr. Clash,” he says. And Simels, a New York attorney with a decades-long history of representing major drug figures in Maryland (“Team Player,” Mobtown Beat, Sept. 24, 2008), who himself is currently under indictment in New York for witness tampering in a Guyanese cocaine case (“Big Target,” Mobtown Beat, Feb. 12), has plenty of experience.

Simels tells the court that Clash’s cooperation has been “remarkable in terms of his assistance to this community, and the United States as a whole,” as “set forth fully” in a sealed letter to the judge. He says Clash is married now, has professional expertise in real estate and construction, is taking classes, and has “adopted his faith as his guiding light.

“He’s not going to be in trouble again in the future,” Simels says. “At some point we have to demonstrate the sacrifice that he’s made” and “make sure the reward is an appropriate sentence.” The attorney recalls that at one point putting Clash in the witness-protection program was discussed. He says that Clash’s cooperation puts him in danger, and “to incarcerate him at this stage puts a burden not only on the [U.S.] Bureau of Prisons, but also on Mr. Clash, who will be looking behind his back at all times.”

Simels suggests that Quarles impose a “non-incarceration form of sentence.”

“I am pleading for leniency to save my life,” Clash tells Quarles on his own behalf. “I have put my family in jeopardy, myself in jeopardy. . . . I am here to better myself.” Clash says he now plans to help steer people away from crime. “When I was living that lifestyle, I knew it was wrong,” he says. “Nobody forced me into the decisions I made.” He says he wants to write a book to help others, especially children, get the direction he lacked when he was younger.

Clash tells the judge that while he was cooperating with the government, he spent three months working as a mortgage broker in New York, and that he went to Detroit, where he learned about educational broadcasting while working on a documentary for a major cable channel.

Quarles tells Clash that his cooperation “goes some distance to correcting some of the damage you and your cohorts inflicted on this community [by] bringing in more than 3,000 pounds of cocaine.” Instead of the 10-year sentence the federal guidelines call for, Quarles gives Clash 48 months, with credit for 16 months already served.

After the sentencing, U.S. Attorney Rod Rosenstein explains that Clash received an extraordinary break. As a matter of policy, Rosenstein says, his office recommends a two-level departure for cooperators who help prosecutors in the case they are charged in, and two more levels if they help in other cases. In Clash’s case, he says, Weinstein recommended that Clash get the standard four-level departure for cooperators that helped in cases other than their own, but Quarles tacked on two more, for a total of six years shaved off the sentence.

“You really have to do a lot to get recommendations for departures of more than four levels,” Rosenstein says, but in cases of cooperators who go the extra mile, “we increasingly make exceptions to it. Ultimately, the judge decides.”

In this case, Quarles decided that Clash’s work helping prosecutors was valuable enough to schedule him for release from prison in late 2011, and, in order to enhance his safety, to have him assigned to prisons that maximize protection from the expected threats of other inmates.

It may not be all the leniency Clash was hoping for, but it’s a pretty good deal compared to the long, hard time his old Rice Organization running buddies are serving.