A damsel in distress. Plural of Mongoose Update.

[rSin]

leg irons
when i had them for a month in the hospital it was just a chain they bolted around one ancle
straight chain and padlock

a guard would escort you whatever proceedure you i had to go to and the chain was almost 20 feet and every nearby door frame had a serious eye bolt and the guard would padlock the other end of the chain then go get coffee

alot of the medical technicians would comment on how bullshit it was

like i could go anywhere even if i tried


my ordeeal was over in 6 months
bad as it was

even i cant imagine what his been and continues to go through

remember the guy bed next to me had hidden a pen and was so proud of himself and had to share

[Munchy]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------x
UNITED STATES OF AMERICA,
-v-
ROGER THOMAS CLARK,
Defendant.
------------------------------------------------------x
SIDNEY H. STEIN, U.S . District Judge.
15-Cr-866 (SHS)
ORDER
A status conference having been held today, with defendant present, and counsel for
defendant and the government present,
IT IS HEREBY ORDERED that:
I. For the reasons set forth on the record, the Court grants defendant's request to
represent himself pro se;
2. The CJA attorneys appointed to represent defendant in this matter, Stephanie M.
Carvlin, Susan J. Walsh, and Jacob Mitchell, are relieved; and
3. The Court appoints the CJA attorney on duty today, Louis Fasulo, as standby
counsel for defendant.
Dated: New York, New York
May 31 , 2022
Case 1:15-cr-00866-SHS Document 140 Filed 05/31/22 Page 1 of 1

[roller24]

I wonder what POM PRO SE has up his sleeve. He either was saddled with such poor representation he feared they would do more damage than good, or he's cooked up something to Hail Mary as a last ditch effort of a life non incarcerated....perhaps life in a state hospital... where he can devise his escape.

[Munchy]

yeh, maybe he'll do what he said he was gonna do...

about 6 years, 8 months, and 3 days ago

[roller24]

[smokebreaks]

My guess he asks for a deportation to Canada since he's already done what 7 years between Bangkok and MDC?

[Munchy]

that would seem likely.
there's a 5/31 conference transcript posted 6/17, says it may be viewed at the court public terminal?

The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....

[Munchy]

Roger Clark
C/o Law Office Of Evan L. Lipton
250 West 55th Street, Floor 30
New York, New York 10019
ELL@EvanLiptonLaw.com
July 11, 2022
By ECF
Hon. Sidney H. Stein
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312.
Re: United States v. Roger Clark, 15 Cr. 866 (SHS)
Dear Judge Stein:
I am writing to you today to raise several issues pertaining to my sentencing in
this matter, presently scheduled for September 27, 2022. I write from a nursing home
in the greater New York area, where I am confined following a fall at the MDC on
October 18, 2021; after which I was denied medical attention for more than 20 hours,
while lying immobile and supine on the cell floor, in full view of officers. This act of
cruelty unquestionably exacerbated and complicated the serious medical issues from
which I now suffer. My present conditions of confinement make preparation for
sentencing impossible. I am asking to have my legal materials returned to me, including
a laptop that I had at the MDC, and to set a schedule for further submissions to the
Court.
I write with the assistance of my standby counsel, Evan Lipton, who is typing
this letter. This is the only way that I can communicate with the Court. I continue to be
arbitrarily denied a pen, a computer, a pen, a pad, and literally any other item. I am not
permitted to have any of my legal papers. I am handcuffed and leg shackled to a bed in
a small hospital room.
Except for during legal visits, there are two guards seated about 3 or 4 feet
from the foot of my bed. Even during these visits, the guards refuse to provide the
privacy that has been promised by the Marshals’ Service, and ordered by Judge
Nathan, and is, of course, required under the 5th and 6th Amendments of the United
States Constitution. For example, a white noise machine which the Marshals’ Service
agreed would be used during counsel’s visits was taken by a guard, who said that they
were acting on orders from “the boss.” (They had previously complained to me that
the machine would prevent them from being able to hear my privileged conversations;
in fact they told me they were required to monitor these conversations to report
anything “interesting” to the Marshals Service.) See ECF No. 111 (an order requiring the
United States Marshal Service to allow privileged communications with legal counsel;
this Order has never been complied with.)
Despite the close surveillance, and the chains linking me to the bed, I am being
treated as if I were an extreme security threat. In fact, these security procedures have
become more severe following my ongoing complaints and requests to be given my
most basic rights. This became clear on May 31, when I returned from Court and
found my legal papers spread about my hospital room/cell. Of note was a dark blue
binder that contained almost all of my handwritten notes and legal research, which
was empty, the complete contents - several hundred handwritten pages - having been
removed. My leg chains were adjusted so that I could not stand on the floor, and I was
handcuffed to the bed (I previously was connected to the bed by a five-foot chain
which allowed me to move about the room, and my hands were free.) When I
complained to a supervisor and manager about the theft of my documents, and
inability to access those that remained, I was told that this Court had given them
“carte blanche” to violate any and all of my rights as they desired, because this Court
had said my only remedy had been to sue when this is over. I am certain this is not
what the Court meant.
Things got worse when I was moved to a different facility on or about June 14.
My remaining privileged, legal and medical documents were brought along with me
and delivered with me to my room. Within an hour, agents of the US Marshals’ Service
dumped the documents on the floor, looked through them, and then took them all
away in five or six black garbage bags - about 15-20 thousand pages of documents,
including my few remaining handwritten notes, all my writing paper, and pens, leaving
me with absolutely nothing. Being chained to the bed and having my documents taken
away is clear retaliation for my exercise of my basic legal rights. Agents told me this.
They also told that these measures, decreed by their supervisors, are not being
imposed on others who are being similarly held. Several of the agents have expressed
their willingness to testify to these facts. I intend to provide the Court with additional
examples once I have the ability to draft my own documents.
They have taken away my pen, and my pads to write on. I am denied access to
any of my legal papers. I cannot read a book. I am not permitted to call my standby
counsel, civil counsel, or Canadian consular officials. I cannot send or receive legal
mail or consular mail, both of which are defined as “special mail” by BOP regulations. I
am literally within arms’ reach of two armed guards, yet I am denied access to
innocuous objects that I need for my defense. At the MDC where inmates have more
liberty than I do to move about, they have access to all of these things and more, 24
hours a day. This doesn’t make any sense.
If representing myself means anything, I must be given an opportunity to
research and draft arguments to the Court, and to otherwise prepare for sentencing;
and I must be given a meaningful amount of time to do it, free from arbitrary limits.
Since my Court appearance on May 31, when I was granted pro se status, this letter is
the only legal work I have been able to complete.
Last week, when Mr. Lipton visited me for the second time since he was
appointed, he was kicked out of the room an hour after he arrived, for no reason. I was
then told that I can only have legal visits for one hour per week. This may have been
remedied - Mr. Lipton was permitted to stay for two hours today, but I am not
convinced this will remain the case. I cannot make use of my legal advisor if I don’t
have sufficient access to him. But even more importantly, I should not have to rely on
him in order to put a pen to paper (or to review my legal files); that’s not his role. I am
aware that I could lose the right to represent myself if I do not comply with Court rules
and deadlines. How can I comply with deadlines when I don’t even have a pen? It is
absurd and wrong.
Accordingly, I am asking Mr. Lipton to make several requests on my behalf. All
of these things are necessary to enable me to communicate information necessary for
you to determine a fair and just sentence.
(1) I need my previously government supplied laptop computer, with the LexisNexis
law library installed, and the four hard drives containing my discovery materials. I
suggest that the laptop I had at the MDC can simply be transferred to this facility
by being delivered to the United States Marshals Service. According to LexisNexis,
it would be “trivial” for the MDC to install the law library on my laptop. This library
is available to MDC inmates 15 hours a day, 7 days a week on all inmate units. I am
informed that the MDC can use the same license to put this on my laptop. This
laptop has been modified by the FBI crime lab to make it impossible for it to access
the internet or any network (the networking chips and bluetooth chip have been
removed, according to the assigned AUSA). The laptop computer should be stored
in my room. There should not be any restrictions on the hours during which I may
use it; to reiterate, I am under the watch of two guards 24 hours a day; any hour is
like any other hour, so there should be no arbitrary limits on access to my computer
and legal materials.
(2) Once I receive the legal materials noted in (1) above, I request two weeks to submit
a detailed proposed schedule for further submissions relevant to sentencing. This
will be my first opportunity to use my pro se status. Among other issues I will
address are objections to the previously filed Pre-sentence Report. (I do not adopt
the objections made by prior counsel, which are incomplete. I further request an
updated Presentence Report and reserve my right to make written objections to the
updated report sufficiently prior to the sentence date.)
(3) I request that the officer who wrote the initial PSR meet with me at the nursing
home so that she may observe my physical deterioration for inclusion in the
updated report. I also request documentation of any medical assistive devices
(such as a walker or items required for my physical rehabilitation) — I have been
informed by BOP employees that I will not be permitted to bring these items to a
BOP facility absent inclusion in the PSR.
If the Court has any questions for me, please forward to Mr. Lipton so that I
may answer them in my submission.
Respectfully yours,
/s/ELL
Roger Clark

SIDNEY H . STEIN, U.S. District Judge.
15-Cr-866 (SHS)
ORDER
The Court has received defendant 's letter dated July 11, 2022. (ECF No . 147.) The
government is directed to notify the Court on or before July 19 whether there is a reason
why Clark' s requests for a pen, notepad, his previously supplied laptop computer, and his
legal papers should not be granted. In addition, the government is directed to investigate
the validity of Clark's factual allegations, including the allegations that the Marshals
confiscated his legal and medical documents (and apparently have not returned them), that
the Marshals removed his white noise machine, and that he is unable to receive legal or
consular mail. The government is directed to report the findings of its investigation to the
Court by July 26 .
The Court established a schedule for submissions and a sentencing date at the most
recent conference in this matter on May 31. That schedule remains in place. Clark's
supplemental sentencing submission is due by August 26 , 2022; the government's response
is due by September 9, 2022; and sentencing will take place on September 22, 2022, at 2:30
p .m. in Courtroom 23A.
Mr. Lipton is directed to forward a copy of this order to defendant and to provide the
Court with Clark's current mailing address.
Dated : New York, New York
July 12, 2022
SO ORDERED:

[roller24]

Thanks Munchy

[Munchy]

July 19, 2022
BY ECF
The Honorable Sidney H. Stein
United States District Judge
Southern District of New York
Daniel Patrick Moynihan U.S. Courthouse
500 Pearl Street
New York, NY 10007
Re: United States v. Roger Thomas Clark,
S2 15 Cr. 866 (SHS)
Dear Judge Stein:
The Government respectfully submits this letter in response to the Court’s Order dated July
19, 2022. (Dkt. 148).
By way of context, in January 2020, defendant Roger Thomas Clark pleaded guilty to
conspiracy to distribute massive quantities of narcotics, a charge arising out of his role as the senior
adviser to the owner and operator of the “Silk Road” online illicit black market. Under the terms
of his plea agreement, Clark admitted to, among other things, (1) his leadership role in Silk Road;
(2) his urging and facilitating an attempted murder-for-hire in order to protect Silk Road; and
(3) his obstruction of justice by lying under oath during his extradition proceedings in connection
with this case. (Dkts. 47, 56). Clark is currently pending sentence, and the parties’ primary
sentencing letters have been filed. (Dkts. 63, 64, 74, 75). The parties’ supplemental sentencing
letters are due in advance of the September 2022 sentencing date.
On July 12, 2022, the Court issued an Order directing the Government to inform the Court,
by July 19, 2022, whether “there is a reason why Clark’s requests for a pen, notepad, his previously
supplied laptop computer, and his legal materials should not be granted.” (Dkt. 148). The
Government has conferred with a United States Marshals Service (“USMS”) supervisor, a
representative of the BOP-Legal Department, and a supervisor with United Security, Inc. (“USI”),
which contracts with USMS to provide security at hospitals for in-custody defendants who are
receiving short- or long-term medical care.
The Government, USMS, BOP, and USI have no objection to Clark’s requests for a pen,
notepad, his previously supplied laptop computer, and his legal materials. There is a qualification
as to the pen, however. As the Court may be aware, for safety reasons, inmates typically are
granted access to a floppy pen (as distinct from a standard or regular pen). The safety concern is
that a standard pen can be used to cause harm to others or self-harm. Nonetheless, as an
The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007
U.S. Department of Justice
United States Attorney
Southern District of New York
Case 1:15-cr-00866-SHS Document 150 Filed 07/19/22 Page 1 of 2
Hon. Sidney H. Stein Page 2
United States District Judge July 19, 2022
accommodation to Clark, USMS has approved Clark’s having access to a standard pen whenever
he requests it, so long as he is in fact using the pen for its intended purpose. To get access to the
standard pen, Clark simply needs to ask the USI security guard for it. (The Government
understands from USI that the standard pen resides in Clark’s room, but is outside of his reach.)
Finally, as the Court is aware, the Court’s July 12 Order also directed the Government to
investigate the validity of Clark’s factual allegations. Our investigation is ongoing, and we will
report to the Court by the July 26 deadline.
Please let us know if any further information would be useful at this time.
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
By: _____________________________
Michael D. Neff
Assistant United States Attorney
(212) 637-2107
cc: Evan Lipton, Esq. (via ECF)
United States Marshals Service (via email)
Case 1:15-cr-00866-SHS Document 150 Filed 07/19/22 Page 2 of 2