Roger Khan’s US lawyer Robert Simels on Monday wrote to New York Judge, Dora Irizarry complaining about the drug accused businessman’s transfer from the Nassau County jail to the Special Housing Unit (SHU), a cell designated specifically for terrorists at the Metropolitan Correctional Centre (MCC) located in Manhattan, New York.
Khan was moved recently from the Nassau County jail to MCC, a move, which was viewed as an effort to boost security around the Guyanese who is likely to go on trial for conspiring to import cocaine into the US by the middle of this year.
In his letter to the judge, Simels said that Khan had been housed without incident at the Nassau County jail since his initial detention in June 2006. Simels said on January 16, 2007 Khan appeared for a detention hearing and following the hearing for some inexplicable reason, the marshals in returning Khan to the Nassau jail had him walk outside the courthouse where he was placed in a vehicle to be transported back to the Nassau County jail. Simels related that while being led outside to the Marshal’s car, an SUV window was lowered through which a photographer took a picture of Khan, which then appeared in Guyanese newspapers. Simels produced a copy of the January 17 edition of Stabroek News where Khan’s photograph appeared. The lawyer said Khan found the events somewhat unnerving.
Simels explained that prisoners are normally brought directly into and out of the courthouse in a transporting vehicle directly to the area of the Marshal’s lock-up on the ground floor of the courthouse through a series of garage doors.
He said that he has spoken with the Marshal and was informed that it is a violation of their protocol to walk prisoners out of the building and that an investigation is being conducted to determine why their protocol was violated. Simels further wrote that, considering that Khan is viewed by many in Guyana as a significant individual, walking him outside the courthouse in this fashion placed his safety in some jeopardy.
In addition, the lawyer noted that on January 18, the Nassau County jail was ordered by the US Marshals to place Khan in isolation in his cell, where he remained for four days. The next day Simels said he telephoned the jail house to enquire into the reason for the isolation and was informed by their internal affairs unit that it was unprecedented for an inmate without committing an infraction to be placed in this form of detention.
Simels said again on January 22 he spoke with the Chief US Marshal for the Eastern District of New York, Eugene Corcoran for a clarification as to the reasons for the isolation and Corcoran suggested that he speak with the US Attorney’s Office. Simels said the next day Khan was transferred to the MCC, a federal jail house located in Manhattan, New York. On Khan’s arrival at MCC, Simels said he was placed in the SHU department on 10 South.
Simels said he has made efforts to find out why Khan was placed in SHU and not the general population, but he was unsuccessful. Moreover, Simels said that on January 25 he attempted to visit Khan at MCC, but was denied entry. “I was told that the Operations Lieutenant denied the visit and was informed by the officer on duty that Khan was not permitted any visitors, including attorneys.”
Simels said he later learned that new inmates at the facility are normally placed in SHU until a bed becomes available. However, Simels said that they learned that not only was Khan in the SHU, but worse that the unit designated as 10 South was specifically set aside for terrorists. The lawyer said in that unit two bright lights are in Khan’s cell along with a camera, creating sleep deprivation and isolation.
Simels said while these conditions are onerous enough, when a prisoner is housed in 10 South, visitation is additionally difficult to achieve. The attorney noted that there are additional check points for the attorneys to go through to see a client housed in 10 South, no face to face contact is permitted and every document to be exchanged between the attorney and client is viewed by guards in advance of providing same to either the inmate or the attorney.
Simels said that he has written to the MCC Legal Department and communicated with the Warden of the MCC seeking clarification on the matter. He said having received no response he faxed a latter to the US Attorney’s Office informing them of the current situation and asking them to intervene.
However, Simels said the US Attorney’s office replied by stating that it would not intervene in the MCC’s placement decisions.
Simels said also that Rina Desai of the Legal Department of the MCC has also advised him that Khan can file a grievance through the administrative procedures of the prison. Khan, Simels said, has filed a grievance on a daily basis for over a week without having a meeting or hearing to determine the basis of his detention.
Simels argued that the continued detention of Khan in the terrorist cell without an explanation substantially impacts on his due process rights. To this end he has requested from the judge a conference to address the issues of Khan’s current housing as well as the prosecution’s opposition to granting Khan a lap top while in prison.
