By Oluatoyin Alleyne in New York
Should Judge John Gleeson take the advice of the New York Probation Department on board, Robert Simels, the former of lawyer of drug convict Roger Khan, could draw 30 years to life when his sentence is handed down in a Brooklyn Federal Court tomorrow.
Robert Simels
A probation report recommended that Simels be sentenced to 30 years to life in prison while his former assistant, Arianne Irving should serve between 10 years and 15 years.
A 12-member jury in a Brooklyn courtroom had returned a guilty verdict for Simels and Irving in August this year. The high-profile lawyer and his assistant were caught on tape plotting to silence witnesses against Khan. The verdict had followed two weeks of explosive testimony from witnesses including a professed member of Khan’s “Phantom Squad”, Selwyn Vaughn.
He tied the government to Khan’s activities, which included ordering the murder of activist Ronald Waddell and others. Testimony implicated Health Minister Dr Leslie Ramsammy, who was identified as the government official who met with Khan and facilitated the purchase of the spy equipment he used to carry out surveillance here. Ramsammy and the government have denied the allegations and the minister has dared his accusers to prove otherwise.
Yesterday, US prosecutor Benton Campbell, responding to a sentencing memorandum submitted by both Simels and Irving, asked that the judge follow the advice of the probation department as it relates to Simels. While he said Irving could receive a lighter sentence than what was recommended, he strongly objected to her receiving a non-custodial sentence as she requested through her lawyers.
One of the charges Simels was found guilty of was plotting to “neturalise” former army Major David Clarke, who was expected to be one of the main witnesses at Khan’s trial, as the two had trafficked in narcotics together.
Clarke, who once headed one of the army’s camps that was set up in Buxton to quell the criminal upsurge in that village, is also expected to be sentenced for drug trafficking in the same court building tomorrow.
Campbell, in his submissions yesterday, noted the lengths to which Simels went to contact Vaughn as it took three individuals in Guyana, including a well-known lawyer, to arrange contact between the two.
“Simply put, the effort to obstruct Khan’s criminal trial involved numerous participants both in the US and in Guyana,” the prosecutor said.
Simels through his lawyer had argued among other things to be sentenced to between 33 to 41 months in prison, stating there was no need to protect the public from him as he is a loving family member and friend and that his former client Khan received only 15 years.
However, Campbell argued that the offences Simels was convicted of are most serious, and were committed out of pure greed and a desire to win at all costs.
‘Outrageous’
“The scheme was for the lack of a better word, outrageous,” Campbell said adding that the lawyer brazenly instructed Vaughn to lie when he would have testified at Khan’s trial and that “conduct alone undermines the very underpinnings of our criminal justice system.
“For an attorney to engage in such conduct, especially one with Simels’ level of experience is inexplicable and inexcusable.”
Further, Campbell said Simels undeniably perjured himself on the witness stand during his trial by falsely denying his involvement and deflecting blame towards others and this he said should be a significant factor in determining sentence.
The prosecutor said it is significant that Simels continues to reject responsibility for his offence in his sentencing memorandum, which Campbell said, was replete with outright denials.
For example, in his letter to the court, Simels maintained he was the victim of his own “recklessly and carelessly” chosen words that he “certainly never intended for any witness to be threatened”.
“The evidence instead shows Simels’ words were intentional and wholly calculated to achieve his criminal corrupt purpose,” Campbell said. The prosecutor noted that Simels lamented that he failed to follow his own advice to “never say anything you wouldn’t want to see on the front page of the New York Times.
“Simply put he is not sorry for his crimes… he is sorry he got caught,” Campbell argued.
The prosecutor then referred to the judge’s words when Simels was found guilty where he said among other things: “The evidence about suborning perjury showed me that he [Simels] spent many years living on the wrong side of the line. It just seemed too reflexive for me for a lawyer to so comfortably and as though he were asking Vaughn to pass a box of tissues, to tell Vaughn that he is going to lie when he takes the stand at trial.”
Referring to Simels’ contention that Khan got 15 years so he should get a lesser sentence, Campbell noted that there are marked differences, which make his conduct more egregious and worthy of a lengthier sentence including the fact that he is a licensed lawyer who violated the public trust and his oath. He also knew better as he had 35 years of experience as a lawyer in the criminal justice system, Campbell said.
The prosecutor pointed out that Khan was a drug dealer in Guyana and that he would be deported to Guyana when he was finished serving his sentence and may face criminal charges in this country.
‘Devoid of remorse’
Turning to Irving, the prosecutor said while she should receive a lighter sentence, her argument that she was a victim of circumstances because she is less culpable than Simels does not cut it. He said incarceration is necessary and the fact that she is “utterly devoid of remorse for her actions and has failed to demonstrate even the slightest contrition, should weigh heavily in favour of a significant sentence.”
He said the government has also learnt since the trial, that before working with Simels, Irving had a history of deceitful and manipulative conduct since as an attorney she was fired by her previous employer for using her employer’s signature stamp without authorization and then lying about it.
During the trial, Vaughn, who revealed that he became a Drug Enforcement Agency (DEA) informant after Khan was arrested and taken to the US in 2006, said that Khan had ordered the executions of political activist Waddell and Agricola boxing coach Donald Allison. He told the court that he had been the lookout man in both cases.
Photographs of Waddell, Allison, well-known ‘Phantom Squad’ members and one of Clarke were placed on a board during the trial.
Simels, in his sentencing memorandum, argued that the board of photographs unfairly portrayed him to the jury as head of the Phantom Squad.
But the prosecutor found the argument baseless and insultive to the jury, who he said had much more sense than to think Simels headed the “murdering squad” in Guyana.
When he was asked specifically whether he ever met Ramsammy, Vaughn had said that he met the minister both at Roger Khan’s carpet cleaning company in Bel Air and that he had gone to the minister’s office on behalf of Khan who had introduced them.
Vaughn’s testimony also mentioned the involvement of Khan in trying to quell and capture the five February 23 prison escapees. He also named several Guyanese individuals who are involved in the narcotics trade between Guyana and North America and Europe.
Who is going to investigate Leslie Ramsammy, and given Jagdeo’s last year’s comment on Clarke’s promotion issue and what had been “told” to him, let’s also investigate him: What did the president know and when he knew it?
More questions than answers. Let’s keep trying to get to the bottom of this…
Gap, the President will never reveal how he came by information that linked Clarke to the Buxton criminal gang because it will expose him as having links to certain people who originally said he never knew. And why investigate something that could bring down your government?
The only people to investigate Ramsammy wil be the US authorities. Now that Khan has been sentenced and Simels and Clarke will be sentenced very shortly, the US will now focus more on the other players in Guyana and the US who collaborated with Khan.
Vaughn committed no known crime against the US, as far as I detect, so he has to be seen as having received his ‘green card’ for simply cooperating with the US authorities in exposing all those fellow Phantom Squad members. Check this out: “Photographs of Waddell, Allison, well-known ‘Phantom Squad’ members and one of Clarke were placed on a board during the trial.” See, the US already has pictures of people of interest to its case.
Who cares…Yawnnnnnnnn!
You goh fuss an me gon come layta to de battam ah dis.
Any body stopping you from investigating??? Do you lack the skills and need help??? Or only your mouth strong???
Send the e-mail to postmaster@nobel.no. keep reminding Mr.Jaglond to read the Stabroek news and comments. God is good only this morning I mailed him about this incident and referred him to SN and KN. I will remind him again. Well wishers of Guyana ITS ONLY AN E-MAIL AWAY! We plea for a SAFE and PROGRESSIVE Guyana.Malessia Robertson and others of the justice system TAKE AN EXAMPLE OF HOW JUSTICE WORKS
Dude, I have the answer the President cares……their are many more arrest coming don’t worry some people living outside and inside of na gat shame……money is the answer but America it could be the President or who everyone have to face the court of Law when they do wrong…..let wait and see Dude all things must come to an end.
A can see a lot of people wait and running and leave their big manshion in Guyana, some in America will die in prison. Let wait and see.
AFC keep up the pressure, and let us work to remove the drugs, and guns from Guyana and return Guyana to Guyanese.
He and Khan should end up in the same cell…Imagine Khan committed more serious crimes than Simels and he got only 15 years, I am now wondering if Khan will face some jail time when he gets deported back to Guyana…it all depends on the government of the day…and on this day it will not be the PPP.
Are you doubting the US justice system?the prosecutor said that Simels conduct was more egregious and his crimes most serious.Khan did what you army guys failed to do.He brought down a rebellion.
he would not spend a day if jail if he returns.He will treated as a king!
If you did not get jail in guyana why Khan must get?? What offence did he commit in Guyana???
Kahn should get another 15 years in jail when he is deported back to Guyana.
Why is he in jail here?
Soldier i dont believe you said that…by RK own admission he and his phanton gang were killing people on behalf of the Government and the last time i checked, doing drugs in Guyana was a crime. You’re like a section of this society who believes that once you ain’t caught you are innocent. You are no different from Mr. Boyo who once supported khan’s rampage.
Sh,most Guyanese see RK as a hero Not a zero….what crime the man committed?
Yall wan know wuh krimes he committed…hold on to ya seat and strap in…and ask yaself why simels did what he did and if he did it in HIS best interest or Khan’s…then look at the phantom gangs..the killings of drug dealers (competition) and stop living in DENIAL for this ZEROOOOOOOOOOOOOOO….then ask yourself if there is any other drug dealer had tried this in the developed country in which you now live had tried this what would have happened to him…think about MEXICO and whats happening there now!!!!!
Witch Dr. if the majority of Guyanese see RK as a hero why didn’t the government protect him from prosecution? Isn’t that what governments are for, seeing that the people get what they want? Jagdeo couldn’t even prevent America from taking away the people’s hero? And this is the leader you all worship? Jagdeo and everybody in the government denied even knowing the man muchless meeting him. Shouldn’t Jagdeo be standing up for this man? This is such a strange and baffling thing. Shed some light for me my friend.
The last time I checked Pepie, Khan plead guilty because it is an easier way out and it was for Trafficking in Naracotics and smuggling of arms in Vermont so if you have the evidences that he murdered someone in Guyana you can take it to the Joint Opposition Parties they have some Dossier there and at the same time you can check for your name, because it has some living people on it as well and are begging Guyanese to come forward to back up this flawed document…
There is no escape for those involved in this debacle. It is only a matter of time before the others are reeled in. I am talking about those bigshots in Guyana who may be sitting pretty and thinking that everything is dandy like andy.
Witch Dr., that is why I always keep asking the question: why are some people so stupid with hawking the so called dossier when elections coming up. Well, let’s see…the only reason is hat they ppealing to their dwidling support base to stay on…
Before I go, I can hear the huffers and puffers across the oceans right here in Barbados : “Yippeeee ! Another missing boy story today AND, oh me gawd !, another Khan thing ! ANOTHER ONE !. Me paper SN is come through..tra la la la la……”
From bun boy to missing boy. I keep telling SN Narman, this is not what we want in the paper. They don’t learn.
they deserve it..thats all….
This is what happens when the upholder of the law decides to trample on it. It is funny and ironical, the custodian of the law will now be placed in custody by the law for gross dereliction of duty. Let him go and cool out behind bars for a few decades, this is the reward for greed,compliments of the Fed.
EXTRACTED: “One of the charges Simels was found guilty of was plotting to “neturalise” former army Major David Clarke, who was expected to be one of the main witnesses at Khan’s trial, as the two had trafficked in narcotics together.”
COMMENT: This is the first time I have read where Clarke and Khan trafficked in narcotics TOGETHER! This means that when Khan exposed Clarke as working with the Buxton criminal gang, Clarke was also working with Khan. No wonder when Khan asked for Clarke to be neutralized, he also asked that no harm comes to Clarke’s mother. He was like family to Clarke, y’all! This is sicker than sick!
Who’s next? I know many fat cats in guyana are uneasy right now because they don’t know when their number will be called.
None!!!
Thats what I am saying ra……Guyanese would rolling with tears. Check who and who selling out property and heading south to Braz, keep an eye on the movement south of the border
Oh oh he might get more time than his boy raja,gy take note we give stiff time here,not 5 yrs for murder and cheapen life in my home town
This is a joke. You can kill someone an not get this amount of time.
Isn’t that true Curl…American justice!
its a big joke the man is going to appeal and not serve a single day.
Probation ????
look yeh…yall dig about 60 years in e yeh……..
e shud ah know e live in a police state………..
e shud ah know bush listening to e all duh time……
e shud ah know obama listenin mo to e……..
wire tap——–tapped wire————–
nuf ah dem guyanese blaggers friken fuh blag on bad news america….
ehehehehehehehehehehehehehe…….
tek it easy, there padna.
Evil when you have T O IN T O…BILL for this one.
Witch Dr.
I will be there tonight fo sure…ehehehehehehhe…..
you bet ya TO in TO a deadly combo:::::