Clayton Fountain Research Paper

Procedural History: Clayton Fountain was convicted of first degree murder against the guard Hoffman by a jury. The judge had sentenced him to no less but no more than 150 years in prison. He was also ordered to make pay $92,000 of restitution to Hoffman's estate, and $98,000 to Ditterline. He was also ordered to pay $300,000 to the Department of Labor. Silverstein and Gometz were tried together for the murder of Clutts with the same judge and before a jury. They were both found guilty of the murder of Clutt's Both defendant's were given the same sentence as Fountain and ordered to pay a restitution of $68,000 to Clutt's estate and $2,000 to the Department of Labor.
Facts: Clayton Fountain and Thomas Silverstein are both serving life sentences

Silverstein plead guilty to a third murder and is serving a third life sentence for the murder of another inmate. Fountain was convicted of voluntary manslaughter against the same inmate. In Silverstein's first trial for murder, his conviction was reversed due to a trial error. Because of these murders, Fountain and Silverstein are escorted by three guards, separately and handcuffed, every time either one leaves their cell. Both inmates are locked in their cell for all but one to one and a half hours per day for recreation, or showering. Both inmates eat in their cells. The guards are not armed and carry no means of self defense. On October of 1983 in the morning, Silverstein was being escorted from the shower to his cell and stopped at Randy Gometz's cell. Two of the three guards were at a distance from Silverstein. Silverstein reached into Gometz's cell and the third officer heard a click from the handcuffs. This indicated that Silverstein's handcuffs were released. The third officer noticed Gometz raise his shirt which revealed a homemade shank. Silverstein drew the knife from Gometz's waist and stabbed the officer, Clutts, 29 times which

Holding: Yes. The fact that Gometz had the knife (shank) in his possession and Silverstein drawing it from Gometz's waistband had indicated that the event was prearranged.
Reasoning: The court found Gometz guilty for the murder of Clutts because of the general rule of aiding and abetting because of the elements of Judge Hand's test. The court held that aiding and abetting in a murder is proof beyond a reasonable doubt that the one supplying the weapon that caused the murder would have knowledge for the purpose that the weapon was going to be used for. Gometz held the knife in his waistband, raised his shirt to reveal it and let Silverstein take it indicates that the event in killing Clutts was prearranged.
Rule of Law: Judge Learned Hand's test for aiding and abetting: the aider and abettor “in some sort associate himself with the venture, that he participate...that he seek by his action to make it