As the Brotherhood grew stronger, it developed ambitions that extended beyond prison walls. Though many leaders were serving life sentences without parole, some members were being paroled-an outcome that authorities had long feared. “Most of the A.B. will be paroled or discharged at some future date and, in view of members’ lifelong commitments, it would be naïve to think he would not remain in contact with his brothers,” a declassified F.B.I. report stated. “The rule of thumb is that once on the streets, one must take care of his brothers that are still inside. The penalty for failure to do so is death upon the member’s return to the prison system.” Given the gang’s ability to operate behind bars, the F.B.I. report warned of “what these gang members can do with little or no supervision.” Silverstein himself has said, “Someday most of us finally get out of this hell and even a rational dog after getting kicked around year after year after year attacks when his cage door is finally opened.”
On March 24, 1995, the door at Pelican Bay finally opened for Robert Scully, a reputed A.B. member and armed robber who had spent, with the exception of a few months, the previous thirteen years behind bars-many of them inside the Hole. For an Aryan brother, he was smalclass="underline" barely five feet four, and a hundred and forty-five pounds. But the thirty-six-year-old was known to work out obsessively in his cell, doing an endless routine of what the gang called “burpees”-standing one moment, then dropping to the floor to do a pushup, then hopping to one’s feet again.
Brenda Moore, a lonely thirty-eight-year-old single mother who had long corresponded with inmates at Pelican Bay-and, in the process, had become one of the gang’s female followers-picked Scully up at the prison gate in her truck. Scully wore powder-blue sweatpants, a sweatshirt, and a watch cap. He had two hundred dollars in his pocket. Scully had previously sent Moore a series of seductive letters. In one, written on pink paper, he said, “All extraneous subversion manifests itself when we connect.” In another, he wrote, “I will always be with you as you are one of me now. Our synergy is infinite.”
After leaving the prison, the couple drove to the beach, where Scully walked along the shore, collecting seashells. The following day, though, he found a sawed-off shotgun, and he and Moore set out for Santa Rosa, driving south along Highway 101. Six days after Scully’s release, they stopped near a saloon in the middle of the night. A police car pulled up behind their pickup truck. As a fifty-eight-year-old deputy sheriff approached with his flashlight, Scully leaped out with his shotgun. The deputy raised his hands over his head, but Scully shot him between the eyes.
The Aryan Brotherhood was now killing on the outside with as little hesitation as it had on the inside. Similarly, the gang was expanding its racketeering operation onto the streets. In letters written in 1999 to one recent parolee, the Baron said, “We especially need for some to step-up,” and, referring to the gang’s shamrock symbol, he urged, “START POLISHING THE ROCKout there!!!” The gang allegedly enlisted paroled A.B. members and associates to become drug dealers, gunrunners, stickup men, and hit men. Some Pelican Bay inmates were discovered mapping out establishments to rob.
That same year, a reputed Brand member on the streets walked into the Palm Springs home of a drug dealer who wasn’t sharing enough of his profits with the gang. Witnesses told police that the A.B. member pulled out a.38 and unloaded five bullets into the man’s chest and head, telling everyone in the room that this was for “the fellows”-the Aryan Brotherhood-up north at Pelican Bay, and warning that new brothers were being released every day.
A year later, in a letter disguised as privileged legal mail, the gang spoke of plans to “buy a warehouse with offices on some large acreage.” The letter’s author, a member who was about to be released, added, “I’ll outfit it with a well-stocked law library, computer research desk, copy machine, iron pile, pool table, big screen TV, car and bike garage with tools, handball courts, etc. This will be the Brand Ranch… This will be home base for us out there.”
Around the same time, a longtime reputed A.B. member confided to authorities that he had been approached at the supermax in Colorado by the gang and asked for technical help in making bombs. The gang, he was informed, was planning terrorist attacks on federal facilities across the United States. “It’s become irrational,” he told authorities after declining to help. “They’re talking about car bombs, truck bombs, and mail bombs.”
Just when the Brotherhood seemed poised to take a particularly violent turn, Jessner unleashed the United States Marshals. Nearly four decades after the gang was born, it found itself under siege.
The courthouse where one of the first trials against the Brand would take place was in the middle of a verdant forest in Benton, Illinois, about thirty miles from Marion prison. It had been built on the edges of a circular clearing, and stood not far from a dozen or so dilapidated brick storefronts. Some of the stores had been shut down; others had signs offering discounts, as if they would soon join them.
A single alleged A.B. murder, which was included in Jessner’s sprawling indictment, also fell under the jurisdiction of the United States Attorney in the Southern District of Illinois. The trial, which began in September, 2003, centered on David Sahakian, McElhiney’s most feared cohort, the man who had once reputedly had an inmate stabbed for bumping him during a basketball game. He was charged with ordering two alleged associates to murder a thirty-seven-year-old bank robber named Terry Walker during a 1999 race war at Marion. Sahakian, along with his two associates, faced the death penalty. The trial offered a glimpse of what would happen in Los Angeles, where Jessner planned to prosecute forty people, including McElhiney and the Baron.
Even though the Benton trial involved only one A.B. member and two associates, the United States Marshals walled off the entire building. For the first time in the court’s history, cement barricades had been placed around the exterior. To get inside, I had to pass through two metal detectors.
Nearly a dozen marshals, dressed in black suits and black shoes, led the defendants, whose wrists and ankles were shackled, into the courtroom. Sahakian wore gray slacks and a gray short-sleeved shirt. Everything about him was big: his hands; his stomach; his long, sloping forehead. Whereas in old photographs he had an unruly beard-it apparently had inspired his nickname, the Beast-now he had only a goatee, which made his face look even larger.
His wife was in the gallery, and he winked at her as he sat down. She told me that they had met twenty-five years ago, and that for twenty-three of those years he had been behind bars. Petite, with blond hair and a blue miniskirt that exposed well-toned legs, she gave off a strong scent of perfume. She sat right behind him, taking notes throughout the trial. At one point, she told me, “They keep saying he’s a boss of the Aryan Brotherhood and that he ordered everyone around. But I don’t believe it. He can’t even order me around.”
When a pathologist took the stand, the prosecution projected on a large screen a photograph of Walker’s body. It was stretched out on a metal table. There were bloodstains on his chest, his eyes were open, and his mouth appeared to be frozen midspeech. The pathologist described each stab wound. Then he pointed to a hole in the heart-it was the one that killed him, he said.
None of the defendants looked up at the screen, and, apart from the marshals and Sahakian’s wife, the gallery was empty. Nobody from the victim’s family was there. Jessner had told me that most of these victims had already been cast out by society, and, when they were killed, few people, if any, cared. “I feel a certain obligation to defend those who have no one to defend them,” he had said.
After a break in the trial, the defendant who had purportedly held the victim down during the attack refused to come out of a holding room. The judge ordered the marshals to forcibly carry him out. Sahakian leaped to his feet and said that that wasn’t necessary. “If I go back there,” he said in a commanding voice, “he’ll come out.” At last, a marshal went out to the holding room and escorted the defendant into the courtroom. He walked with pointed slowness and stared at the prosecutor. “What the fuck you looking at!” he yelled.