Nature of the Case
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Facts
Shortly before these crimes, Fountain (D) and Silverstein (D) who were both already serving life sentences for murder had together murdered an inmate and had again been sentenced to life imprisonment. Silverstein (D) killed another inmate, pleaded guilty to that murder, and received his third life sentence. Both defendants had each killed three people. The prison authorities decided to take additional security measures. They used three guards to escort each one separately, handcuffed, every time they left their cells to go to or from the recreation room, the law library, or the shower. The guards were not armed. These two murders took place on the same day. Silverstein (D), while being escorted from the shower to his cell, stopped next to Randy Gometz's cell; and while two of the escorting officers were for some reason at a distance from him, reached his handcuffed hands into the cell. The third officer, who was closer to him, heard the click of the handcuffs being released and saw Gometz raise his shirt to reveal a shank. Silverstein (D) drew the shank and attacked one of the guards stabbing him 29 times and killing him. Silverstein (D) explained that it was personal because that guard had disrespected him. Fountain (D) was being escorted when he stopped alongside the cell of another inmate reached his handcuffed hands into the cell, and when he brought them out he was out of the handcuffs and holding a shank. He attacked all three guards killing one. Another guard was permanently disabled. When done Fountain (D) threw up his arms in the boxer's gesture of victory and laughing walked back to his cell. Fountain (D) was convicted of first-degree murder. Silverstein (D) and Gometz (D) were tried together and both received the same sentences as Fountain (D). Gometz (D) appealed and argues that the evidence was insufficient to convict him of aiding and abetting Silverstein (D).
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