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tv   Lockup New Mexico--- Extended Stay  MSNBC  February 21, 2016 1:00am-2:01am PST

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due to mature subject matter, viewer discretion is advised. they openly declared war against each other. we know that they're preparing themselves for battle. >> back pages of your phone book there, you have a lot of inmates' names and numbers. why? >> because they're my homies. >> the guys i talked to said you are not going to be able to do anything about it. they're going to retaliate.
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>> make sure you check everything. use the metal detectors, the mirrors. check every single thing. because these inmates, they know where to hide stuff. >> when they come out, they come out in their boxers and shower suits only. no watches. no rings. no medallions, nothing else. everything else stays in their cell. the one thing that we learned was the inmates said what they're doing is taking their shanks with them to the strip cane, when they're strip searching they're taking them out of their shoes or knee
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braces and putting them on the floor. what we're doing today is following up on what occurred on the level vi last week when several high-ranking members were able did to overpower an officer in the recreation area, took the keys off her and stabbed a rival member numerous times. as a result of that, we initiated shakedowns. we completed level vi yesterday. we're headed to level v to conduct interviews to see if there's follow up information or weapons here to see if they are going to continue. if any assaults are going to occur immediately once they come off lockdown, the likelihood they might occur in this unit. because of the inmates have opportunity for congregant opportunity. they can come out of their cells six at a time. so if there's going to be any retaliation, it's possible it will happen here.
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>> this is where it all starts off. what they do is come over here, right here. they'll actually start just working it. working it. take a piece how big they want it. they start working it, working it. eventually it just cuts into the metal. every time they leave the cell, whatever, they'll get toothpaste and soap, mix it up. then they'll just layer it. so what they're doing now is they're just leaving that bare. so any time you come in here they can actually see this and you can't really cover it up. the two pieces that were used as a shank to assault that one inmate came from right here. that's why they started taking nail clippers. this is pretty much contraband right now. >> although level vi is on lockdown, we're allowed to talk
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to one inmate about the toll the new restrictions are taking. >> i haven't been able to visit with my mother or sister for three consecutive weeks because of this thing they say happened over there in a separate housing unit. with two other inmates that had nothing to do with me. and so -- it's just not right. it's a nuisance. it's annoying because i don't behave in a way that merits my suspension of privileges, visits, commissary, nor do a lot of other guys, for that matter. but yet we're being punished collectively. two weeks ago, they came over here and took away our nail clippers. we weren't allowed access except for on sunday night. if we needed to cut our nails, the corrections officer would give them to us, cut our nails, then give them back. we never had them in our cells. then they took them with no explanation whatsoever, and this is the result. i just wonder if it's sanitary. now, if i'm acting out, if i'm
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creating problems, then i've earned this. but it's not my problem because something is happening somewhere else. i didn't do anything to anybody and nobody did anything to me. >> after hours of searching, they find the first clue that gang violence may be imminent at the level v facility. >> god of battles, a war is being mounted, chosen now o great god those who must kill, those who must be killed, those who must be taken alive for sacrifice, so that you may drink their heart's blood. o lord we beg you smile upon those who will die on this field or on your altar. the choice of which you are is entirely up to you. so what this is, it's a prayer of war. it's not very often that you find a prayer from a gang member or a specific gang preparing themselves for battle. this is something unique. we know that they're preparing. they're preparing themselves for
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battle. they are giving us enough information to let us know something is coming down the road and it's imminent. we're just trying to see who's who and what's what and identify any sleeper gang members that are out there in the compound. identify them so we know who they are and see if we can stop a future assault. >> violent incidents like the recent gang stabbing in level vi simply add to the tension already felt in pnm's super max facility, especially for michael dailey, who spent five years under protective custody for his own safety. >> they call me happy because the last laughs are always on me. i've been living at level vi since i got incarcerated, about since april of 2003. i'm here on involuntarily protective custody. the institution says there's a
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threat against my life. in my case, that's the reason why i was in level vi. that's all i'm going to say about that. but that's why i'm always on level vi. >> there's a story there, huh? >> there's a lot of stories. i'm happy to say it out there, but not in here. this is a big week for me. because i'm getting released back into the community. i'm just very surprised that i made it this far. and -- the stuff that i've seen and the stuff that i've been through, i'm just -- thanks to god that i made it, that i'm making it out alive. i'm happy to get out. i'm really happy, but i'm scared. i am scared to get out. i really am. i don't want to hurt the people that i love the most. and that's what i'm scared of. >> how would you hurt them? >> i don't want to come back here. because coming here hurts my family.
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and before i came here, i never looked at it that way until after doing eight years in prison. that's what i'm scared of. i don't want to hurt nobody no more. so i'm about to make a phone call right now. i'm about to go call my mom and let her know the good news and let her know that i'm going home. and if she could, if she could come pick me up. hey, guess what? you could come pick me up on friday after 4:00. >> 4:30. >> after 4:30. she's all happy. she says, wow! and are you going to bring me some clothes, right? yeah? i'm happy, too, mom. well you know what, mom? i'm going to make this quick and make sure that you come on friday after -- at 4:00, that way you could be waiting there for me. i love you and i'll see you soon. okay? all right. bye-bye.
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four more days and i wake up and i'll be home. and i'm going home to my mother's. i'm going to parole over there. everybody's happy. i'm just really scared. still ahead, happy is what they call short to the door. but he's not a freeman yet. >> you never know what's going to happen. >> plus, the threat of a possible gang attack wears on pnm staff. >> it's taking its toll. heavily. >> and federico files for an out of state transfer. >> it's irrelevant. it's irrelevant.
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because of my charges, i'm housed in level vi. they said i beat a guy to death with three other people in the county jail.
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somebody stomped on his head, he died of a torn liver, torn kidneys, broken rib, broken skull, hematoma, brain dead and died. they charged four of us. they charged me with the death penalty. they take me to court for two and a half years to fight them. i finally get the death penalty thrown out, then they hit me with first-degree murder. they offered me a plea bargain for aggravated battery and i said okay. >> like many validated, affiliated, or even suspected gang members, daniel's only way out of level vi is an out-of-state transfer. the problem is, his request be has been denied before. >> okay, daniel. what exactly is it that you need from me today? what do you need to know? >> need to do the whole transfer process. >> transfer where? >> out of state. i was just told your out of state was denies, however -- however, just let me finish -- i don't have a denial in here. >> i have a denial. >> so what i can do -- you have
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and it i don't have it? >> when i got here, you guys said lock me down, under investigation. >> okay. >> i stayed under that investigation for three and a half years. may 18th of last year, i beat the death penalty. when i beat the death penalty they want, we can't let you out until after the conclusion of your trial. >> right. >> when i got sentenced for aggravated battery, i took a deal for aggravated battery. when i came back the guy told me the only way i can go out of state is by level vi inmate. i was no longer under investigation. he had to write something up. what he does, change me from investigation to security for the murder of an inmate. that's not what i'm here for. >> okay. and you're right. so we're going to do a special hearing -- well, i don't care about that guy. what i'm going to do is another special hearing.
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i'm going to do another one of these forms. instead of putting initial, i'm going to make that special, and make that correction. that you weren't convicted, that you plea bargained down to aggravated battery. however, you will still meet the criteria for level vi. >> how long do i have to stay in lockdown for aggravated battery? it's been four years, four years and two days i've been in segregation for aggravated battery. i seen guys come here for stabbing and stay for a year. >> i -- >> this has nothing to do with it and i understand that. what i'm trying to tell you is this, the constitution officer will take relevant information from the court or district attorney. never did it. >> that's not why you didn't go out of state. >> it's exactly what it says. i'm a threat to security, right? >> that's why you're -- >> that's why i'm denied. >> that's why my out of state was denies. it says right there. in his own words. out of state transfer denied.
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inmate is a threat to security. >> okay. so, we don't need to argue about that. what i'm going to do is a special review for you, just like i said. and i'm going to change that wording. >> you guys have to do -- >> listen to me. you've got to listen. >> so i can appeal it, then. >> listen to me. this is a committee. this is a committee. >> give me my sheet so i can appeal it. >> i haven't done it. i just finished telling you i have to type it up. correct? >> that's not the way -- >> yes, it is. >> that's not the way committee's done. can i show you how committee's done, on your own policy? >> no. listen to me. >> listen to me, daniel. once i get all the stuff done, i'll send up a hearing notice for you to sign. within 48 hours of that hearing notice, that's how's done. >> can i show you something else? >> no, i don't need to hear anything else. >> according to your policy you're supposed to bring me here to committee. >> you're correct. >> no. i'll show you duane gallegos. >> it's irrelevant.
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now, i'm doing it all over again. you can complain about the way i do it later. but right now i'm explaining to you how we're going to do it. i'm going to bring you back for -- i don't care -- >> what's your policy say about the meetings? >> i don't care -- are you going to listen? >> you're asked to be here, a case worker, a security representative, and a psychologist. >> yes, you're right. >> this ain't a committee. >> this isn't a committee, this is a meeting. no, it's not, i said i'm going to set you up for a committee. >> i don't want to come here. daniel, you need to be quiet and listen to me. so that way you can hear what i'm saying. listen, listen. don't say another word. so you are going to go to committee. however, before you go to committee, i have to write up the stuff, right? i have to write up the hearing notice, because you get a hearing notice. within 48 hours of that hearing notice, you will come to committee. when that committee happens, everybody will be here. okay? this isn't a committee. this is just a meeting trying to figure out what you're trying to tell me at your door -- >> what's that have to do? i don't care --
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>> take him back. he's too argumentative, he's not listening to me. >> you don't do your job -- >> have a good day. bye-bye. have a good day. go ahead and take him. have a good day. have a good day. >> listen to me. >> so, it's going to be another long process. so next week i'll probably have it all squared away. they can deny his out of state, if they want to, again. but based on proper information versus worded wrong information. >> daniel may feel like he's never leaving level vi. but next we talk to the one inmate at pnm whose only way out may be through death. >> i'm not afraid to die. i'm not afraid to be dead. i've made my peace with god. i've made my peace with this world.
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many level vi inmates won't get out of the supermax facility until they're released on parole.
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but for another group, there's only one way out. >> this is unit 4. this is where lethal injection is administered to inmates that have been sentenced to death. since 1912 when the state of mexico became a state, we have executed 26 people. the last one and the only one we did in this area was terry clark on november 6th, 2001. there are two inmates sentenced to death in the state of new mexico. one of those inmates, robert fry, is housed here at level vi. >> this is my wonderful piece of heaven. it's a seven foot by 12 foot. >> robert fry was sentenced to death in 2005. he's currently in the appeal process. >> we first met robert while shooting the original "lockup: new mexico" episode in 2005. >> let me ask you a question. is it a greater sin to steal a cracker or to kill someone? >> to kill someone. >> god doesn't see it that way. you break one sin, you break all sins.
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so what does it matter what sin you perpetrate. i'm not afraid to die. i'm not afraid to be dead. you know, i've made my peace with god. i've made my peace with this world. i'm trying to do the best i can to live in this world with what time i have left. whether it be next year or 100 years. who knows, you know? >> these two rooms here are for witnesses of the execution as determined by the warden. we keep them separate because, obvious, if it's victims versus family members of the inmate, we wouldn't want them to be in the same area. also present is the attorney general, which is the highest-ranking legal official of the state of new mexico. >> my death may be scheduled, but it's not guaranteed. you know. i believe that only god knows the day i'm going to die. you know. if the state does put me to dead, then i go to my maker with a clear conscience. >> in this room is the area that's -- where the drugs are actually administered, through this port here. also in this room, obviously, is a red phone. if there's a stay of execution or a change in order whatsoever,
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then it would be communicated through the red phone. once the execution's completed, once the execution's completed, the body of the inmate is brought through this door here out this door into the sally port where there would be an ambulance waiting to remove the body. >> i've been in prison since 2000. i was arrested in june for murder. i was convicted of one homicide in 2002, another one in 2003. and a double homicide in 2005. i have ongoing appeals and litigation concerning those. >> can you say under what circumstances this person was murdered? >> this man beat this woman to death with a sledgehammer
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because he wanted to have sex with her and she didn't want to. and i didn't stop it. the same man that killed the woman i'm convicted of murdering also i believe was involved with the death of the other gentleman. he was either strangled or beaten to dead, they're not sure which. it was bad enough they couldn't make a determination as to which killed him, the strangling or the beating. as far as the other two murders i'm convicted of, body of these men were friends of mine, good friends of mine. one man i had known -- he wasn't even a man yet, he was a 19-year-old boy. i'd known this kid since he was 5 years old. they were beaten and had their throats cut. they died violently, very violently. i think that going to certain death, you really become aware of how you live, what days you have left. do you want to party your butt off or do you want to live the best you can for god? some days, i do that very well, living it for god. other days, i make mistakes, i'm
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only human. and like i said. and like i said. i'm trying to overcome the person i once was. case in point, we have a rule here about facial hair. and i got in an argument with a lieutenant over shaving. and i was upset about it. but i didn't cuss him, i didn't threaten him. and that's something new. i might have gotten in an argument about what he cared and why he cared had a moustache that went over the corners of my mouth or whatnot. i didn't call him names or cuss him out or threaten to beat him down or go after him. >> have you contemplated the thought of living your life here? >> yeah. >> and? >> i live the best i can no matter where i'm at. sink, toilet, desk, bunk. you pretty much max myself whatever case you have. i've always been a firm believer, if you're dependent upon who you're at, who you're with, and what's around you to be peaceful and happy, you're never going to be peaceful and
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so you have to make wherever you're at organized and peaceful and happy. so you. it comes from within. not from without. coming up, stiu's efforts to prevent another gang fight pay off. >> very good day. awesome day. saved somebody's life. >> plus federico reveals his prior gang loyalties. >> i think it was a year after i got incarcerated in prison that i joined.
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due to mature subject matter, viewer discretion is advised. ♪ there ain't nothing you can do to me i ain't already done to me ♪ ♪ held my own gun to me pulled the trigger suddenly ♪ ♪ pass forgiveness for god to be my witness ♪ ♪ try to listen keep close my life is finished ♪ ♪ i walk a thin line and go with evil spirits ♪ ♪ what's life what's wrong and what's right ♪ ♪ the only light is see is life and fights and crack pipes ♪ ♪ i live my life that's my only option i never thought twice ♪ ♪ nothing nice they say stand and fight ♪ ♪ [ bleep ] this life's a roll of the dice ♪
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>> the snm and the lc, they've openly declared war against each other. based on the two series of events that have happened at the level vi. attempted assaults by the snm on the lc, then the lc retaliated last week and actually carried out an assault on an snm inmate. what we're doing is try to find their weapons for one or gather any intelligence to see if we can actually stop a future sa salt. >> a couple of sources i talked to basically came out and told me that there is going to be retaliation because of the incident. this is 15ly for you guys that working at the level vi. the guys i talked to said you're basically not going to be able to do anything about it. they're going to retaliate, the snm. and, you know. it's going to happen. so you guys need to be on your toes and be ready for that.
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because that's basically what i was told today by a couple of sources that i talked to. the phrase they used was, a tic for a tac or something like that. so just be ready for it and be careful. >> it's a new day today. we finished on the 3-a side. today we started on the 3-b side. we're doing the same thing we did yesterday. pulling all the inmates, strip searching them, conducting interviews with them, conducting cell searches. and it's taking its toll. heavily. 10, 12-hour days since last wednesday. it's getting kind of tough. but we know that with the violent that has occurred and the violence that could be forthcoming, we just need to keep on pushing forward and ensuring that we can do whatever we can to curtail another assault and find other weapons or information that we can find. >> as we were shaking down a cell up there, myself and the other officer noticed that there was a tear inside the mattress.
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that prompted us to get a frisker which takes metal. when we did that, it didn't set it off. so we noticed there was a homemade sew on the mattress. we let the supervisor know. we slit these open and there they were. plastic, you cannot detect that with a metal detector. with the tools that we have, it's unable to detect that. so this is a very, very good find. my speculation on, this this is made out of the lids off our trays, our food trays. they break them off. very hard plastic. that could take somebody's life. in an instant. very good day, awesome day. saved somebody's life. >> the shakedowns have proven successful, but the correctional officers have no doubts about
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the plans of the inmates. >> what does this mean about the war? what you thought might be a big war kicking off there? >> it's still on. it's still on. right now they're quiet because they're locked down. they haven't had the opportunity to battle with each other. but it's -- i'm sure it's going to come. it's just a matter of have we made the necessary security changes or precautions to try to stop that from happening. >> we know for a fact, these groups are assessing our staff members in terms of their abilities and knowledge to do their job. >> they're just regrouping, reorganizing, probably restrategizing the way they're going to carry out any retaliation or continue assaulting each other. >> once we're done with shaking down here, a separate team of security supervisors will come through and do a security assessment to see what improvements need to be made at this facility. >> as far as your jobs go?
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>> our jobs never end. >> we're pretty tired, but we know that we're going to be making some crucial decisions and try to -- try to put an end to this violence. put an end to this war. and so -- when will it end for us? it doesn't. >> when there's no more inmates in prison. when we retire. >> captain flores and his team know full well they'll never completely removed gang from pnm. every day new inmates arrive and many of them like federico munoz waste no time before choosing sides. >> i think it was about a year after i got incarcerated in prison that i joined the snm. >> shortly after joining the prison gang, he was ordered by snm to kill a fellow gang member. >> i was 18. it was the first time i killed anybody. it wasn't easy to kill him in the sense that -- like you see it on the movies, how guys cavalierly kill people. wasn't like that for me.
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i remember planning it out. he was a senior member of the snm. but in the '80s, around the time of the prison riot, he was also a member of the nuestro familia. you can't do that. you can't be from two cliques. you just can't. word was put out to kill the guy. i happened to be in the jail with him at that time when the word was put out. there was consistency with the corrections officer, so we had the same officer coming in four or five days a week. then he'd have two days off. he would then come back on. i studied him and his mannerisms and his behavior. once i arrived at the point which i felt comfortable, i made my move. it was after they opened up all the cell doors for evening chow. while everybody was eating, i took animal histories into his room. i sat down next to him on his bed and talked to him. he got up. turned on his light, which sat across the desk on the wall to roll a cigarette. bible paper.
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when he turned his back to me, i stood on the bed and i put the rope around his neck. he fought me, he threw me around the room. surprisingly strong. i guess when you're fighting for your life, you have strength. you know? ultimately, he couldn't get the rope off his neck. and he succumbed. so once he died, i covered him up, put him back in his bed like if he was asleep, turned off his light. >> you got away with it? >> i got away with it. i went and picked a fight with some black guys in another pod just to do it. because knew if i created some friction in the pod and all kinds of different things were happening all at once, law enforcement would never know what happened. about nine years later the cold case homicide officer came and he talked to me in this visiting room right here and he asked me, and i told him. and he offered me a deal. if i admitted to it, they would run that life sentence concurrent with the life sentence that i'm in prison for right now.
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but i'm in here because i was a member of the snm, and because now that i declare that i'm on my own, the state's not going to let me out to a population because they're not sure if i'm going to get hurt. or they're not sure if i'm manipulating them and lying to them. so as a result, i'm stuck. good or bad. still ahead, convinced he'll never reach general population in new mexico, federico files for an out-of-state transfer. >> i've done that. i've signed that form five or six different times over the last year. >> and stiu continues its crackdown on prison gangs. >> has anyone tried to recruit you into a gang?
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the penitentiary of new mexico holds the worst offenders in the state. some of whom are validated gang members who live in a constant state of war. both with each other and staff. it's up to the stiu to keep gang activity in check. today the stiu are doing a sweep in the level v facility, allowing our crew along for the ride. >> all right, ladies and gentlemen, we're here to conduct a shakedown. it's based on some activity we got. we're going to have some information on snm gang members. okay, so we're going to head to the unit, we're going to look mainly for gang information and graffiti and stuff. >> sometimes when you come shake down a cell, first thing you want to do is just observe everything. and you look. the most common places you'll find is the easiest place you'll ever think of. oh, look. gang paraphernalia right here. >> what is it? >> three crosses. represents he's from las cruces,
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new mexico. they use the three crosses to display their gang symbols. >> to validate is essential in maintaining the safety of the facility. >> i found that hanging here on his vent. >> once he's validated, a member will never be able to go to a level-b facility. so it has a lot of bearing on an inmate's future once he gets validated. >> you can take that and i'll write him up for possession of gang paraphernalia. >> he'll be documented as a potential street gang member and we'll start a file on him if one has not already been created. and that way, wherever he goes, whether it's to another facility or goes out into the streets, he'll be identified as a suspected gang member. >> what the officer found in the letters here in the cell, she found a -- looks like a diagram
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or a pattern of a handcuff key. the crude makings, the beginning of it. obviously it's in the manufacturing stages. but what i probably think what he's doing is, he's got all these bars of soap. and what he'll start doing is he'll start cutting out a pattern to try to match it to this, out of soap. then once he gets a good pattern down, then he'll find a piece of metal to transfer it over to a piece of metal and probably try to attempt to see if it works. so he was on the right track. >> so what does this mean for this inmate? >> it's a good find for us, because obviously we know what his intentions are now. for this inmate, nothing will happen. we'll take this from him. it's not in actual fabrication stages. if we would have found it being carved out into something, we would have charged him with escape paraphernalia. >> we have an address book that was found in this inmate's cell. on the inside he has gang graffiti listed here. inside here, known contacts with gang members here in our facilities, as well as out on the streets. this is a list of monikers these >> we have an address book that was found in this inmate's cell. on the inside he has gang graffiti listed here. inside here, known contacts with gang members here in our facilities, as well as out on the streets.
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this is a list of monikers these guys go by. they have numbers here. we go through and see if we have those listed. do we know who peanut is and do we know who bill is, things like that. if we don't, we have them identified as who this person is. we can use that for later on. >> so now this inmate, armando, what happens to him, given this book? >> what happens to him? it's not a crime to have this information. what we'll do is we'll take it, we'll let him know that we confiscated it. basically puts him on notice that, listen, stiu's on to you, you know. we're looking at you, we're staying on top of your correspondence, things of that nature. what it will do is it will give him an opportunity to quell his activity. because he knows the heat's on a little bit.
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also what he'll do is he'll contact these other guys and stay, hey, the stius are looking at me, know what i mean? while he is doing that, we will see who he's corresponding with and shooting the warning to and we'll network his little group. >> armando? all right, let's go. we're going to have a chitchat. >> the stiu team brings armando in for an interview about his possible gang affiliation as part of the validation process. >> we did shakedowns in your unit today. that's why you were out in rec yard for awhile. during the search we found this book here with a bunch of gang writing, gang symbolism, on it. so we just want to ask you about it. >> what about it? >> tell me what information's on there? what do you have written? >> what does it say? >> i'm asking you. that's why it's -- >> come on, man. you guys are going to do what you're going to do, know what i mean? says what it says. that's what it is. there's some numbers, some letters, some initials, you know? if you think they're gang? then take the necessary -- >> let me explain to you -- explain to me what the meanings are to you. >> why? they're for me, they're not for you, for anyone else. they're for me.
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>> in the back pages of your phone book, you have a lot of inmates' names and numbers. why? >> because they're my homies. >> so you consider them associates, homies? homies being your friends? >> why not? i know them. >> okay. has anybody tried to recruit you to be in a gang? >> no. >> do you have any tattoos that identify you as being a gang member? >> yeah, i do. street gang. >> what street gang do you belong to? >> west side. >> west side out of where? >> from mt. magordo. >> what we're going to do is we're going to keep this for now. we're going to make copies of the names and inmates you have in there and put it in your file then give it back to you. >> do you have any other we're going to make copies of the names and inmates you have in there and put it in your file then give it back to you. >> do you have any other questions? all right. >> armando hasn't been validated as a prison gang member yet, but he's on his way.
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back in level vi, happy is headed to the parole board. >> i just came back from rec and i'm fixing to go to the parole board. kind of nervous right now. you never know what's going to happen. you don't know if they're going to deny you or -- or let me go. but i know that somebody up above is looking out for me because if it wasn't meant to be, i wouldn't be here now. worst-case scenario, my parole could be denied. and best-case scenario, i'll be out by 5:00.
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happy's parole hearing was held behind closed doors but the result was positive. in the next few hours he'll be released from the prison where he spent the last five years of his life. >> hey, take it easy. >> that's a sound you don't forget. ever. the sound of the doors. he just -- he just did something that never happens. he took off all my cuffs and all my chains. >> how do you feel right now? >> i feel -- this is weird because i don't have the handcuffs on. i'm still rubbing my -- my
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wrists. i feel way different right now. it's a process of freedom and i'm nervous because i'm not used to being like this. i'm used to -- i don't feel like normal because i'm used to having the handcuffs on me. >> here's your i.d. >> okay. >> you are going to report monday morning. >> monday morning when? just monday morning? >> 8:00. >> as soon as possible? >> because you were supposed to report 24 hours from the day you paroled. >> okay. >> being that it's saturday and sunday. >> okay. now, i'm going to go see my mom. she's out front waiting for me. it's about being responsible now. so -- a lot of people what a lot of people do is they leave here
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not understanding the consequences. but -- i'm fixing to do good. i feel really good right now. >> look at you, no handcuffs. no shackles. finally, after six years. >> i missed you, mom. i'm sorry. >> for what? quit saying that. oh, oh. >> i just wanted to thank you for everything that you have done. because without you, i probably wouldn't have made it out of here. because you gave me hope. >> yes. >> and in there, if you ain't got hope, you ain't got nothing
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and you don't have nothing to live for. so you just do what you got to do in prison to live. but you gave me hope and everything, so i appreciate it, mom. >> here we are. back together. >> this sham committee that's going to be run on me, it's -- this is pretty much a -- a myth that this committee will result in any action. as a result, i'm stranded here at this facility even though i'm not getting misconduct reports or any of those things. >> unlike happy, fredrico is never getting out of prison. and as a validated gang member, possibly the only way he'll leave pnm's level vi is through an out-of-state transfer. >> fredrico, how are you?
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>> fine, yourself? >> pretty good. i've been reviewing your file. and back in march of 2007, you probably remember, you went to committee for a release -- or an out-of-state transfer. >> yes. >> however, i don't find anything in there, whether they approve you, deny you, anything. so what i'm going to do is do another custody transfer review. i didn't set you up yet so do me a favor and sign here waiving you for the 48 hours, and sign here, initial here because you're here. and i want them to ask you if you want to go out of state. >> yes. >> okay. another thing i was going to tell you, before i can submit this to central office, i need to get a medical clearance, okay? sometimes that takes a long time for medical, i don't know why. >> my file has been released for medical five or six different times. so i've done that, i've signed that form about five or six different times over the last year. >> oh, really? >> yes. >> well, maybe -- because it's not here. maybe it won't take so long then and we can just hurry this process up. >> great.
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>> this is what i wrote. custody transfer review. we're referring you to cbc for an out-of-state transfer. justification is inmate meets criteria and has an indefinite fin sentence. last report was april 2007. by signing it doesn't mean you agree or disagree, you are inform have had our action. we are referring for you an out-of-state transfer. it's just our recommendation, doesn't mean they have to approve it. however, i think they will. it will take anywhere from, i'm saying, from what i've seen in the past, anywhere from three weeks to three months to get an answer. however, then we need to find a state that will accept you. and that sometimes takes a long time. they send out paperwork to california, if california will accept you, then cool.
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if they deny you, then we have to find another state. >> yeah, i'm aware of the -- >> you know how long -- so it could take a little bit longer to do that part. but the approval, i don't see a problem with it being approved immediately. there you go. you can have this part, federico. this referral, she said there was another out of state referral. she doesn't know if anything resulted from that. how would she not know? if the machinery of the corrections department is effective and running smoothly, then there would be a trail. obviously there wasn't which means nothing happened in the first place. which means that this is a sham.
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we were going down to mexico and we were buying steroids with counterfeit money. we were going over the border and we had all the stuff packed in the spare tire. i was thinking to myself, don't start acting weird. be calm. i was not about to get caught there. not in mexico.


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