THE TWO LEADERS OF THE ARYAN BROTHERHOOD MUST DIE FEDERAL PROSECUTORS SAY
Randy L. Harrington
August 29, 2006
SANTA ANA, CA—In the penalty phase of the trial of convicted Aryan Brotherhood gang leaders Barry Mills and Tyler Bingham Tuesday the US Attorney told jurors that the two convicted leaders, who were convicted of ordering the deaths of 17 inmates, would continue to be a danger to other prisoners unless they died for their crimes.
Assistant US Attorney Joey Blanch told the jurors that Mills, and Bingham orchestrated the killings while they were already incarcerated in the federal super max prison in Florence, Colorado. Blanch told the jury panel that the Florence Prison was “the most secure in the prison system” implying that there were no other alternatives to protect fellow inmates from Mills, and Bingham.
Your going to hear evidence that the best predictor of future behavior is past behavior,” Blanch said. “We're not saying that people can;t change. They can and the law provides people many opportunities to change. But you'll hear evidence about the choices these men made.”
Blanch added that when Mills and Bingham made their choices “People died”. Blanch told the jurors that “At the conclusion of the penalty phase we're going to ask you to stand up and say 'it's enough'.”
Blanch went on to tell the jury in the governments opening statement that a prison guard in San Quentin in 1977 watched as Mills was “leaning over the body (of inmate Garland Berry) and stabbing him over and over again in the chest and face.” Two years later, in 1979 Mills was convicted of killing inmate John Marzloff “with his own hand by stabbing him” in an Atlanta prison.
Blanch said that Mills and Bingham “have been committed to longer and longer prison sentences.” And, that “The evidence shows you these men committed their most violent crimes while serving their prison sentences.”
In 1996 and 1997 Barry Mills tried to introduce cyanide three times into the federal [prison] system.” These are the reasons that Mills and Bingham must die—there is nothing else that can be done to protect other people from them Blanch implied.
Mills defense attorney tells a different story. H. Dean Stewart said that he would give jurors nine reasons to recommend that Mills be sentenced to life in prison without parole, which he called “the right and just verdict.” Steward said that if the jurors would find just two of the nine reasons true that it would be “enough to cement the deal.”
Stewart told the jury that Mills was never prosecuted for the 1977 stabbing of Berry because the evidence was so slim that the San Francisco County District Attorney wouldn't prosecute the case. Steward called it a case of “mutual combat” discounting the fact that Mills used a prison made knife made beforehand to engage in the “mutual combat.” Presumably because Berry is dead Steward said “you're not going to hear how it started or who did what.”
Steward told the jury that Mills was sent to the California Youth Authority when he was a teenager in the 1960s, but that the system did nothing except groom him for adult prison life. Steward said that the California Youth Authority “failed [Mills} miserably.”
Steward then reminded that it was former Aryan Brotherhood leader Al Benton who turned states witness and testified that it was he, and not Mills that stabbed one of the men that was included as one of Mill's 17 victims.
Benton, in exchange for his testimony, was allowed to plead guilty to assault and was sentenced to nine more years in prison. Steward asked the jury that if Benton is allowed to return to the streets “How can you put these men to death?”
Steward told the jury panel that prison psychological reports indicated that Mill's was not a danger to himself, or others, but the instant conviction belies Steward's assertion. He claimed that both Mills and Bingham were “completely and fully retired” from prison gang involvement because prison “is a dangerous and violent world” for older inmates.
Bingham's attorney reserved his right to make his opening statement later, but Steward said that Bingham prior to this conviction had been scheduled for release in 2010.
Steward said that Bingham was convicted of petty theft when he was 9 years old, and by the time that he was 18 years old he was already addicted to heroin. At least one robbery that Bingham committed in Texas, said Steward, was a case of Bingham needing money and just taking it.
Bingham became involved “intimately” with the Aryan Brotherhood while he was serving a five-year to life sentence in San Quentin in the 1970s. Bingham who spent most of his adult life in prison, was released on parole for four years beginning in 1981. During his four years of parole he got a job, and married. His Aryan Brother friends in prison knew that he would be returning so they elected him in absentia to a leadership prison that he willingly assumed when he returned to prison in 1985.
Steward summarized by saying that an appropriate sentence for both men would be life in prison, without any chance for parole.
SOURCES/CONTRIBUTORS: ORANGE COUNTY REGISTER; US DISTRICT COURT CLERK; US DOJ; AP
Copyright 2006 Randy L. Harrington. ALL RIGHTS RESERVED. Republication or redistribution of this Article, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Randy L. Harrington.
Assistant US Attorney Joey Blanch told the jurors that Mills, and Bingham orchestrated the killings while they were already incarcerated in the federal super max prison in Florence, Colorado. Blanch told the jury panel that the Florence Prison was “the most secure in the prison system” implying that there were no other alternatives to protect fellow inmates from Mills, and Bingham.
Your going to hear evidence that the best predictor of future behavior is past behavior,” Blanch said. “We're not saying that people can;t change. They can and the law provides people many opportunities to change. But you'll hear evidence about the choices these men made.”
Blanch added that when Mills and Bingham made their choices “People died”. Blanch told the jurors that “At the conclusion of the penalty phase we're going to ask you to stand up and say 'it's enough'.”
Blanch went on to tell the jury in the governments opening statement that a prison guard in San Quentin in 1977 watched as Mills was “leaning over the body (of inmate Garland Berry) and stabbing him over and over again in the chest and face.” Two years later, in 1979 Mills was convicted of killing inmate John Marzloff “with his own hand by stabbing him” in an Atlanta prison.
Blanch said that Mills and Bingham “have been committed to longer and longer prison sentences.” And, that “The evidence shows you these men committed their most violent crimes while serving their prison sentences.”
In 1996 and 1997 Barry Mills tried to introduce cyanide three times into the federal [prison] system.” These are the reasons that Mills and Bingham must die—there is nothing else that can be done to protect other people from them Blanch implied.
Mills defense attorney tells a different story. H. Dean Stewart said that he would give jurors nine reasons to recommend that Mills be sentenced to life in prison without parole, which he called “the right and just verdict.” Steward said that if the jurors would find just two of the nine reasons true that it would be “enough to cement the deal.”
Stewart told the jury that Mills was never prosecuted for the 1977 stabbing of Berry because the evidence was so slim that the San Francisco County District Attorney wouldn't prosecute the case. Steward called it a case of “mutual combat” discounting the fact that Mills used a prison made knife made beforehand to engage in the “mutual combat.” Presumably because Berry is dead Steward said “you're not going to hear how it started or who did what.”
Steward told the jury that Mills was sent to the California Youth Authority when he was a teenager in the 1960s, but that the system did nothing except groom him for adult prison life. Steward said that the California Youth Authority “failed [Mills} miserably.”
Steward then reminded that it was former Aryan Brotherhood leader Al Benton who turned states witness and testified that it was he, and not Mills that stabbed one of the men that was included as one of Mill's 17 victims.
Benton, in exchange for his testimony, was allowed to plead guilty to assault and was sentenced to nine more years in prison. Steward asked the jury that if Benton is allowed to return to the streets “How can you put these men to death?”
Steward told the jury panel that prison psychological reports indicated that Mill's was not a danger to himself, or others, but the instant conviction belies Steward's assertion. He claimed that both Mills and Bingham were “completely and fully retired” from prison gang involvement because prison “is a dangerous and violent world” for older inmates.
Bingham's attorney reserved his right to make his opening statement later, but Steward said that Bingham prior to this conviction had been scheduled for release in 2010.
Steward said that Bingham was convicted of petty theft when he was 9 years old, and by the time that he was 18 years old he was already addicted to heroin. At least one robbery that Bingham committed in Texas, said Steward, was a case of Bingham needing money and just taking it.
Bingham became involved “intimately” with the Aryan Brotherhood while he was serving a five-year to life sentence in San Quentin in the 1970s. Bingham who spent most of his adult life in prison, was released on parole for four years beginning in 1981. During his four years of parole he got a job, and married. His Aryan Brother friends in prison knew that he would be returning so they elected him in absentia to a leadership prison that he willingly assumed when he returned to prison in 1985.
Steward summarized by saying that an appropriate sentence for both men would be life in prison, without any chance for parole.
SOURCES/CONTRIBUTORS: ORANGE COUNTY REGISTER; US DISTRICT COURT CLERK; US DOJ; AP
Copyright 2006 Randy L. Harrington. ALL RIGHTS RESERVED. Republication or redistribution of this Article, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Randy L. Harrington.
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