Section 2 2. Letter from Chief Judge Robert F. Peckham to the Parole Commission after the initial hearing, 6/14/91 2.1. Biographical information on Chief Judge Peckham Chief Judge Peckham wrote to the Parole Commission after he heard that the initial hearing examiners had recommended a maximal continuance until Larry could again be eligible for parole. In his letter, he reiterates his reasoning for sentencing as he did, describes the mitigating circumstances and the numerous pleas from leniency he received from jurors, prosecution witnesses, former Peoples Temple members, family members who lost loved ones in Jonestown, and Larry *s family and friends. c c Vnite6 States IDistrict (Z^urt IWihcnt IHstrict of (UUfomta Sftfi Trancisco. (EftUfomia 94102 June 14, 1991 Carol Pavilack Getty Chairman United States Parole Commissioner or Acting Commissioner for the Western Region 1301 Shoreway Road, 4th Floor Belmont, CA 94002 RE: LAYTON, Laurence John Reg. No. 20752-053 CR 80-0416 RFP INITIAL PAROLE HEARING - JUNE, 1991 FCI Terminal Island Dear Chairman Getty: La^oir^eai^^Mr. sentencing Layton appeared judge before in methe for Laurence sentencing Johnon March 3, 1987, after I presided over his two lengthy trials which extended over a substantial time. riaxs wnich appeared for his initial parole hearing on June 4, 1991, at the Federal Correctional Institution Terminal Island. I understand that the recommendations of the ' consideration for ae purpose of ttis letter is to express my concern about the latter reconunendation of the examiners and to offer you mv perspective regarding a just disposition in this casL AidingAidino^Sd and Abetting Conspiracy the Murder ofto a Congressman,Kill a Congressman, Consoiracv to Protected Person, and Aiding and Abetting Attempted Murder of resultedan Internationally in a mistrial, Protected wito to^jSryPerson v^ingfMr 2 acquittal on the "Conspiracy" charges and seven I notednitod on the'/Aiding day of sentencing, and Abetting" the four Counts charges.) on which LarryAs ^yton was convicted strike at the very heart of a representative democracy and carry possible sentences that reflect their severity. Congressman Ryan alone was unwilling to ignore the reports of intolerable conditions existing in Jonestown, and he alone had the courage to travel with his party to Guyana to Investigate whetter Jonestown was the idyllic paradise described by Jim Jones. His death was a tragic loss to his family, to the ? this nation. His courage and conviction have sorely missed**^' * leadership has been silenced and is it tragic death of Congressman Ryan, the events brutal ^ November 18, 1978, resulted in the memberfff attempting 4.? three newsmento escape theand horror Patty ofParks, Jonestown. a People's The Temple terrible events of that day also resulted in the serious iniurv forSer^Peoni«/^®J® members, individuals. Vernonalso attempting Gosney and to Monicaescape Bagbyf ^^®»®®Jves shot and seriously injured by the tragedy^ -4.^ with P®®Pl® them for will the carry rest theof theirheavy liv^. burden of this ^^agic circumstances that occurred in Guyana one must first attempt to focus on the enviroraent that existed in Jonestown, Guyana Following the shooting at the airport, the fact that 914 Jones committed suicide bespeaks of the sieh i ine^licable way of life that pervaded Jonestown. reeoT-doS K? Unique in modern history, in all of remotelyreino?f?w approaches there have the massbeen suicidefew occurrences in Guyana. that even destroyed any individual will to live that Jonestown, and caused the deaths of 914 adults and which to. Layton has been convicted, this final atrocitv is livIS at Jonest^?'^®''®^""'^"^ environment in which.he himself, a victim. Many of these lettersopinions are powerful ttat^rr!J and L?lon"as winv^n« testimony to the madness of Jonestown and to the spell cast over Jones. A juror expresseddominating her feeling and regardingauthoritarian the preseScfo? circumstances Jim circumstancescirfSme^a®^ were^ stating almost "We unbearable." (the jury) "Thedo feel vast that numbers the who ?j!m JoneSextraordinary power ( c Another Jonestown victim, Vern Gosney, wrote of the extreme pressure that Layton and others in Jonestown were under due to "a systM 24 hours per day, rules enforced so humiliation? dwere of publicthose who meetings broke the rules.«involving "it was thea '^iffged community and he (lAyton) was extremely needy of Jones' approval." Mr. Gosney concluded by stating "I don't feel he is a ttreat to anyone." Another victim of Jonestown, Jean Brown Clancey, noted in a letter to me: Jim Jones b^an his harangues about »the conspiracy' against him ~ a reflection of his own degraded mental state ~ Souaht®thA%J»'®.;- documents to show that he Stenus and^ D others e p a rwere t m e plotting n t , I nto t edestroy r p o l , him.S e When n a t o I rwas Pat^c^nn ^ A*® taken on a walk in the jungle by Sev K ® f®®e®sed Temple member. She told me that ^ ''y 'Nazis' and had picked up German lan^age radio transmissions^® ®®™"ttnity in theirhad beenvicinity. fully The disclosed. I bring it up only to further my point that Larry's thinkina was completely captive - it was not his thinking toat you will see the Ncomplexities e r l e t t e r b y involvels t a t i n a " in i s thilcase i n c e r a i v ash n n s ®^^i9®ting circumstances." Ms. Clancey's husband. People s Temple member Tim Clancey. also %/ro^e to mo thatstating you "At will worst, give deep Larry consideration is a victim ofto lircuSslanwIthe mitigating" ! i Lr>^ circumstances in this case." "j-tiga^iing daughter committed suicide at Jonestown you ponder his sentence I pray you will w2Hold what him accountable,his actions inbut Guyana have mercy have — alreadymercy thatcost stems'from him." »n lived°"^^ paranoid, twisted reality in which they m In most Conspiracy convictions, and in most multi-defenda*nt criminal cases, the court has before it a number of co- conspirators and defendants, and it must assess the relative ®®°'' ^® «^®f®n<i®'»ts and sentence them accordingly. Mr. Layton's role in the offense, as established bv two trials?"®® established ?^,.^® thatN®® Mr. secondary.Layton was Theapproached testimony by someat the of Jones top leaders and asked to stop certain Peonle's Temoie members (the "defectors") from leaving Guyana. Congressman Rvan provided transportation,anyone andwanting they towould leave be Jonestown allowed towould leave be Larry Layton was asked to board an airplane (the first scheduled to leave with the "defector") and to shoot the pilot of the plane, after it became airborne. At the time this ( c plan was adopted, it was believed that Congressman Ryan and his ^ 9roup and that the CongJessMn wd insure that* everyone going to whospend wanted another to leave night was at Jonestownpermitted to todo so. After the plane was loaded and as it waited at the end runway, approximately 300 yards away from the Rven ^ SLSES g E::,ErEiE?"KESSl"Vf SjtSE'fSEiS'"" " • i"5ES"SStS,?"'*'" t«. Even though the circumstances at the Port Kai^uma ^ ^ obligationobiloa?y" to unique, assess the that defendant's did not relieve relative theblame coSrt for -fcho of it^ doubt that,AS Jim I noted Jones on was, the day himself, of sentencingT primarily resnonsibio thew fnr- «-k deaths and serious injuries inflirtfd at the pllt Sait^a ® airstrip on November 18, 1978. All agree to ttil Jact!^ The court was also convinced, after hearina all murderI^rry Layton's role in the conspiracy to " wasmurder less Congressman significant Ryan than and that^SI^ Deputy „^e?Chief o?of m4cs«s<i#%m oihe? coSSlra?::^®'' ? Z Although he committed a serious and unpardonable crime in ' • shooting two innocent people and attempting to shoot a third, his role in the conspiracy for which he has been convicted was not as significant as that of many of the other conspirators. Seven psychiatric reports were submitted to the court in and tteee by the defense.5^^® reports Dr. Otto were Bendheim provided also by the provided government a psy^iatric autopsy" report on Jim Jones. The government to defendant's psychiatrist, while differing as IZ of Larry Layton at the time of the commission of JSnes"^"4t?iig!®'®*'* domination of Jim Jones in the report that Jim Jones initially to *■ ^'fople's^hem, Temple manipulated members, and exploited but them. then lied If tte'end'^he";;iUertt^!"' doc|ments at length the many techniques of coercive t<® ^ ? Jones, including constant discussions of psychologicali®"""^ coercion suicide, aimed physical at destroying intimidation family and ties prohibiting members from leaving Guyana and deprivation from privacy, sleep, free speech, and frXe associationT "raddi^ion members Of People's Temple were subject to degrading punishment' and public humiliation, food deprivation and hard labor. Despite some disagreement among the psychiatrists as to whether constitute a legal defense to the charges, there was no disagreement, even by the primary prosecution psvchiatrist nr- "coerciveSeymour persuasion." Pollock, that ThisMr. Layton persuasion hL been was sSSjectedimposed by ^ow4rf^ Ji^JonL hisoyer SIX Layton to seven s ten monthyear involvement stay at Jonestown. in People's I noted Temple at andthe durinotime of sentencing that in remainedthe end, JimIn Jonestown, Jones destroyed and^cautSI any over individual people to take their own lives and the lives of their chfldren. second trial, I received four letters form jurors sking for leniency for Mr. Layton. One juror wrote "I realize thrLmX^?!!/? ®J! ® horrSfe crL" iul at todanrt 1 ?wish believe you would he giveis as some much thought a victim to my asposition a participant, Of his being victimized and show leniency in your judgment." 2«.XiX2®?®® T I ^®^^®r '®T J?® to Pfos®c«tionme "I plead.