US judge balks at harsh prison gang sentences

LOS ANGELES, Nov 14 (Reuters) A federal judge postponed sentencing for leaders of the Aryan Brotherhood prison gang who were convicted of murder and other charges, calling a prosecution request to deny them almost all human contact tantamount to death.

US District Judge David Carter said yesterday he wanted US Attorney General Alberto Gonzalez to sign off personally on a petition asking that the Brotherhood members, who are already imprisoned, be isolated from other inmates and denied visits, telephone calls and letters, except from their lawyers.

''That is tantamount to, if not worse than (a) death sentence as far as I'm concerned,'' Carter said in delaying sentencing until November 21 for Brotherhood chief Barry ''The Baron'' Mills, 58, his top lieutenant Tyler ''The Hulk'' Bingham, 59, and member Edgar ''Snail'' Hevle, 54.

''If you're really serious, I want the signature of the attorney general of the United States,'' Carter said. ''That takes it to the highest level.'' Carter also asked for assurances by prosecutors that the restrictions could be carried out at the maximum-security federal prison in Florence, Colorado, where the men likely will serve life terms for murder, conspiracy and racketeering.

Some inmates at the Florence prison are kept in 23-hour lockdown but usually are permitted visitors and mail from the outside.

Prosecutors said they asked for the extra security measures against the Brotherhood members to ensure they do not conduct gang business.

Carter said he had placed such restrictions on only one other inmate, murderer Hung Mai, after Mai tried to have a witness, judge and prosecutor killed during trial.

''Mr Mai is slowly going crazy,'' Carter said.

Mills, Bingham and Hevle were found guilty in July, along with Christopher Gibson, 46, of carrying out a campaign of murder and violence to cement the Aryan Brotherhood's control behind bars.

Mills and Bingham were spared the death penalty when the US District Court jury could not agree on a verdict in the penalty phase of the case. Gibson's sentencing hearing has been postponed because he recently underwent back surgery.

Defense attorneys called the requested restrictions cruel and ''draconian'' and said they would appeal if Carter imposed them.

Authorities say the Aryan Brotherhood, also known as ''the Brand,'' dominated other prison gangs by particularly ruthless murders and assaults, often directed with notes written in code or with invisible ink made from fruit juice or urine.

Forty accused Aryan Brotherhood members were initially charged in 2002 in what prosecutors at the time called the largest death penalty case in US history. Since then, 19 defendants have struck plea bargains, one has died and another has had charges dismissed.

Three others are standing trial and trials are pending for the rest.

Reuters BDP GC1000