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Report of the Attorney General on the February 2 and 3, 1980 ..., Lecture notes of Pharmacy

2-3 1980, Riot of the Penitentiary of New Mexico. Part I of our Report describes ... the inmates, rebuilding the burned out prison, preparing to prosecute.

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Report of the Attorney General
on the February 2 and 3, 1980 Riot
at the Penitentiary of New Mexico
PART I
ThePenitentiary
The Riot
The Aftermath
Report Mandated By
Section 9, Chapter 24, Laws of 1980
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STATE OF NEW MEXICO
OFFICE OF THE ATTORNEY GENERAL
JEFF BINGAMAN
ATTORNEY GENERAL
Issued June 1980
If you have issues viewing or accessing this file contact us at NCJRS.gov.
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Download Report of the Attorney General on the February 2 and 3, 1980 ... and more Lecture notes Pharmacy in PDF only on Docsity!

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Report of the Attorney General

on the February 2 and 3, 1980 Riot

at the Penitentiary of New Mexico

PART I

ThePenitentiary

The Riot

The Aftermath

Report Mandated By

Section 9, Chapter 24, Laws of 1980

f _ _ ~ - w - - ~. - - - ~ - - ,

STATE OF NEW MEXICO
OFFICE OF THE ATTORNEY GENERAL
JEFF BINGAMAN
ATTORNEY GENERAL
Issued June 1980

If you have issues viewing or accessing this file contact us at NCJRS.gov.

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THE PENITENTIARY OF NEW MEXICO

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PRISON DIAGRAM

© 1980. Office of the Attorney G e n e r a l of the State of New Mexico

JEFF BINGAMAN ATTORNEY GENERAL

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S T A T E OF N E W M E X I C O ( ffi e of file ttor ( er er d D E P A R T M E N T O F J U S T I C E P.0, Drawer 1508

June 5, 1980

TO: G o v e r n o rBruce King and Members of the New Mexico Legislature

FROM:

RE:

Jeff Bingaman, Attorney General

Part I -- Report of t h e Attorney General ~on the February 2-3 1980, Riot of the Penitentiary of New Mexico.

Part I of our Report describes the events that occurred just prior to, during, and in the aftermath of the February 2 and 3, 1980 Riot at the New Mexico State Penitentiary. The Report is a factual narrative of those events, and is intended o n l y to report facts. It therefore purposely does not draw any conclusions or make any recommendations.

The Attorney General's investigation w i l l continue. Part II of this Report, which will be completed in the Fall of 1980, will address the overall conditions at the P e n i t e n t i a r y and its s a t e l l i t e institutions. T h a t report w i l l make specific recommendations for changes and improvements in correctional administration, policies and facilities.

During the investigation which resulted in Part I, our office took extreme care to exclude all information which could possibly affect the criminal cases resulting from the Riot. As you know, this office has no role in those prosecutions, or in the defense of any civil cases which may be brought as a result of the Riot.

To accomplish the purpose of Part I of this Report, our initial investigation was aimed at establishing facts to give state officials and the public a clear picture and understanding of how the riot occurred. To obtain that information, we pledged that our sources would remain confidential. AppendixB details the steps we have taken to insure both the objectivity of the Report, as well as the confidentiality of our sources.

The following members of my staff deserve the credit for the research and preparation of this Report: Reese Fullerton, Tim Orwig, Manny Aragon, David Brentlinger, Mark Colvin, Tess Fiddes, Michael Francke,

TABLE OF CONTENTS

PRISON DIAGRAM.................................... Inside C o v e r

Page No. INTRODUCTION...................................... 1

THE PENITENTIARY............................... ,..

THE

Diagram 1 - G a t e h o u s e Area..................... The C o n t r o l C e n t e r............................. Diagram 2 - C o n t r o l C e n t e r A r e a............... C o r r i d o r Grills................................. North Wing..................................... CeUhouses...................................... C e l l b l o c k s...................................... Diagram 3 - T y p i c a l E x t e r i o r Cellhouse......... Diagram 4 - T y p i c a l I n t e r i o r C e l l b l o c k.......... A d m i n i s t r a t i v e Area............................ South Wing..................................... D o r m i t o r i e s.................................... Diagram 5 - T y p i c a l Dormitory Wing............

RIOT...........................................

3 4 5 6 6 6 6 7 9

l ll I i 12

14

FOREWARNINGS OF THE RIOT.................. (^14)

TAKEOVER...................................... (^16)

Assignments................................ Diagram 6 - T a k e o v e r....................... Guards Seized In E-....................... Four More H o s t a g e s T a k e n................. C o n t r o l C e n t e r Entry...................... R e l e a s e o f Maximum S e c u r i t y C o n v i c t s..... A c c e s s to Drugs And "Sniff"............... C u t t i n g T o r c h e s Obtained.................. E n t r y Into Cellblock 4..................... T a k e o v e r C o m p l e t e d.......................

16 17 18 21 22 24 24 25 25 26

SECURITY LAPSES.............................. (^27)

Post Orders............................... The T a k e o v e r In E-...................... Two S u p e r v i s o r s in One Wing.............. Key Handling............................. I n c o n s i s t e n t Door Handling................ Riot C o n t r o l Grills Unused................ South C o r r i d o r Grill...................... C o n t r o l C e n t e r Glass..................... A c c e s s to Blow Torches and O t h e r T o o l s..

27 27 27 27 28 28 28 29 30

_ i ¸_

RESPONSE: EVENTS OF THE RIOT AND NEGOTIATIONS (SATURDAY, FEB. 2 )....................... 31

Initial Inmate Demands..................... Negotiation Strategy...................... Securing the Perimeter.................... Early Negotiations......................... Reporters and Families Arrive............. Rodriguez Arrives at Prison............... Early Fires................................ First Hostage Escapes..................... Second Hostage Released.................. Hostage Safety............................ Third Hostage Released................... P e n i t e n t i a r y Ambulance................... National Guard Arrives.................... Inmate Conversation With Governor........ Inmates Begin Surrendering................ Hostage in Need of Medical Care.......... Governor Arrives at Prison................ Information and Threats of Violence Against Inmates......................... Leaders of Violence.......................

31 31 32 33 33 34 35 36 36 36 36 36 37 3 7 38 38 39

40 40

VIOLENCE INSIDE.............................. 41

North Wing Violence...................... South Wing Violence......................

41 42

NEGOTIATIONS CONTINUE...................... 43

National Guard Medical Support........... Inmate Injuries............................ Inmate Demands...........................

43 43 44

NEGOTIATIONS SATURDAY AFTERNOON........ 45

Information From Surrendering Inmate..... More Negotiations........................ Meeting With The Press; Fourth Hostage Released....................... Planned Media Contact With Inmates...... Fifth Hostage Released................... Cameraman Goes In And Sixth Hostage Released............................... Shugrue Then Entered the Prison..........

45 45

45 46 46

47 48

NEGOTIATIONS CONTINUE: SUNDAY, FEB. 3.... 49

S e v e n t h H o s t a g e E s c a p e s.................. O v e r d o s e s................................ E i g h t h H o s t a g e R e l e a s e d.................. N i n t h a n d T e n t h H o s t a g e s E s c a p e.........

48 48 48 49

-ii-

Staff Training................................ 66

SECURITY AFTER THE RIOT....................... 66

Post-Riot Security Measures.................. 66 Post-Riot Security Lapses.................... 67

APPENDICES

A. CHRONOLOGY OF EVENTS

Pre-Riot Chronolgy of Events................. A- Chronology of Riot........................... A- Post-Riot Chronology of Major Events.......... A-

B. PROCEDURES FOLLOWED IN THE INVESTIGATION B-

Measures Taken to Insure Impartiality of the Investigation...................... B-

Measures Taken to Insure Confidentiality of Sources of Information................ B-

Resolution.............................. B-

C. INMATE POPULATION........................ C-

D. THE ADMINISTRATIVE STAFF................. D-

E. RECOMMENDATION OF KRUGER REPORT........ E-

F. INMATE ACTIVITIES BEFORE RIOT............ F-

G. CORRECTIONAL OFFICERS & SUPERVISORS... G-

H. CORRECTIONS EMPLOYEES INSIDE MAIN BUILDING DURING MORNING WATCH, FEBRUARY 2ND.. H-

I. TURNOVER OF DEPARTMENT SECRETARIES AND PENITENTIARY WARDENS.................... I-

J. INMATES KILLED............................ J-l

K. DISCIPLINE PROCEDURES.................... K-

L. DEMANDS OF CORRECTIONAL OFFICERS February 3, 1980 Memo................... L-l

GLOSSARY

I. GLOSSARY OF RIOT RELATED EXPENSES

  1. GLOSSARY OF INVOLVED PERSONS
INTRODUCTION

Shortly before 2:00 a.m., Saturday, February 2, 1980, inmates at the Penitentiary of New Mexico near Santa Fe overpowered four correctional officers during a routine inspection in a medium security dormitory. The inmates rushed through the open dormitory door and, within minutes, captured four more officers. Using keys taken from the officers, inmates freed fellow prisoners of the southwest wing, then moved through an open grill gate to the administrative area of the institution, smashing their way into the main control center. With the seizure of the control center, the inmates gained access to every part of the main penitentiary building, where 1,157 male inmates were residing under the custody and care of 25 c o r r e c t i o n a l employees.

In the 36 hours that followed, 12 officers were held hostage, some of them beaten, stabbed and sodomized. Thirty-three inmates'died at the hands of their fellow prisoners, some of the victims tortured and their bodies mutilated. At least 90 other inmates were seriously injured in the riot, suffering from drug overdoses or from beatings, stabbings and rapes inflicted by other convicts. The majority of inmates had escaped to the outside of the walls by the time the riot was over. (See Appendix A, Chronology of Events.)

Prison officials communicated with inmates throughout the weekend in an effort to negotiate the release of the hostage officers and the surrender of the inmates. By 1:30 p.m., Sunday, February 3, 1980, the violence had spent itself; police and National Guardsmen retook the penitentiary without resistance. The State went about the business of identifying the dead and the living, providing temporary housing for the inmates, rebuilding the burned out prison, preparing to prosecute criminal cases, defend civil suits and, if possible, learn what had gone wrong. (See Appendix B: Procedures Followed in the Investigation. )

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The tower is equipped with a spotlight on a turret, enabling the officer to sweep a beam of light across the yard and the exterior of the institution. A catwalk on the outside of the tower nearest the prison enables the officer to step beyond the observation platform and observe the area along the ground near the inside perimeter fence. Coils of concertina barbed wire along the top of the perimeter fence make it impossible to see much of the fence line from inside the tower. The blind spot was discovered during an investigation of the December 9, 1979, escape of eleven inmates from the institution. The catwalk was installed to remedy the problem.

After receiving clearance at the gatehouse, the visitor walks through a holding area (see Prison Diagram) to the main gate, which must be electronically opened by the officer stationed in Tower 1. It is a 30-yard walk from the gate to the front entrance. The visitor enters the lobby, which looks out to an open patio in the center of the compound. To the left are administrative offices, including the warden's. To the right, through a barred grill gate and down a corridor, the visitor passes more administrative offices on the right and visiting rooms on the left. (See Prison Diagram and Appendix D, which explains in detail who filled these positions on February l, the job descriptions for each, and recent changes in the organizational structure of the prison administration.) The visitor turns left, passes through another barred grill gate, and continues down the corridor, to the Control Center. (See Prison Diagram.)

The Control Center. The Control Center is the central security area inside the prison. It is the point from which five grill gates may be electronically opened, and where keys to every area of the institution are kept. The Control Center faces out into the main corridor through a bay window with five large, unobstructed panes of l 3/16 inch "bullet-resistant" mirrored glass. ( S e e Photograph 2, p. 50b.) The glass was installed in early January 1980, to provide better visibility than the steel-encased 6" x 9" window panes it replaced. (See in Diagram 2 the location of the tear gas, riot control gear, key board and the control panels from which five grills may be electronically opened. )

Moving from the Control Center through a series of grill gates and a vestibule, the visitor enters the main corridor. The corridor extends the length of the penitentiary north and south, and provides the "telephone pole" of the building's design; t h e living units intersect the "pole" as "crossarms." (See Prison Diagram.)

The physical security system of a modern prison is designed to contain any threatening incident at its point of origin and prevent its spread to other sectors of the facility. At the penitentiary this system consists of the placement of barred doors -- "riot control grills" -- which would seal off each dormitory unit, cellblock or cellhouse from access to the main corridor of each wing and seal each floor f r o m others. In addition, there are grills in each corridor

-4-

to seal each wing from the main Administrative Area. There are also locked doors located at other key security points.

Corridor Grills. Just north of the Control Center, a corridor grill gate separates the administrative area from the North Wing. (See Prison Diagram.) The grill can only be unlocked electronically from the Control Center. Someone wishing to pass through the gate must signal the Control Center officer by two-way radio, by a button switch buzzer on the w a l l near the grill, or visually through the windows. Once the Control Center has unlocked the grill, one of the two laterally-sliding gates must be opened manually, and they snap lock when closed. It is a penitentiary procedure that this grill, and a similar grill gate which separates the Administrative Area from the South Wing (see Prison Diagram), be kept locked during the evening and morning watches (4:30 p.m. to 7:30 a.m.) daily. But according to several shift supervisors and duty officers these two corridor grills were frequently left open.

North Wing. Having entered the North Wing, the visitor proceeding northward down the corridor passes the Psychological Unit on the right and the Hospital, including a pharmacy, on the left. Part of the second floor of the Psychological Unit has been converted into Dormitory C-1 for the penitentiary's older inmates.

Cellhouses. Proceeding northward down the main corridor, the visitor comes to Cellhouse 6, on the right, and Cellblock 3, on the left. ( S e e Prison Diagram.) Entering Cellhouse 6 through a barred riot-control grill that separates the unit from the main corridor, the visitor stands in a gallery or vestibule, which is separated from the housing unit by another barred grill. ( S e e Diagram 3.) To the left is a stairwell leading to the second tier. The housing unit consists of a central Corridor flanked by individual cells a l o n g the outside walls. It is the outer cell arrangement that distinguishes a medium security cellhouse from the maximum security cellblocks, which feature an interior cell design. In each cell of the cellhouse is a wash basin, toilet, bunk and a window on the outside wall of the building. No full ceiling separates the first and second tier; catwalks run in front of the cells on the second level. Cellhouse 6 differs from Cellhouses 1 and 2 in the placement of its day room. The day room is on the second level at the extreme west end of the unit, nearest the main corridor. The room is furnished w i t h tables, chairs and a television set. Leaving the unit through the vestibule, the visitor may notice that o f f i c e r s open each cell individually in the cellhouses.

Cellblocks. A c r o s s the corridor is Cellblock 3, one of the penitentiary's three maximum security units. Cellblock 3 is used to house disciplinary segregation inmates, those who have violated regulations or are suspected of having committed crimes while in prison. The population of Cellblock 3 is considered by staff to include the most dangerous, troublesome and incorrigible prisoners in

-6-

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Cellblock 5 resembles the other two cellblocks, but has only two tiers of cells, one on the ground floor and another on an upper story. Oh February l, 1980, Cellblock 5 was vacant due to renovation to the device that opens, closes, and locks the cells. A visitor could have seen workmen from an outside construction firm (not inmates) working with steel rods and acetylene cutting torches in the vacant unit. The work crew routinely left their tools, including the torches, locked in the cellblock during the night and over the weekend. In the basement beneath Cellblock 5, is a mechanical equipment room, the gas chamber and witness room, and crawl spaces between the basement and the main floor of the instituition.

Cellblock 5 is a maximum security unit generally used to house those inmates c l a s s i f i e d as high s e c u r i t y r i s k s , v i o l e n t , escape-prone, or troublesome prisoners. But the inmates assigned to Cellblock 5 were moved out when renovation began in November 1979. Most were reassigned to Dormitory E-2, a medium security unit in the South Wing of the penitentiary.

The visitor, having finished a cursory tour of the North Wing, returns to the Control Center the way he came, passing a corridor grill, CeUblock 3 and Cellhouse 6, the Hospital and the Psychological Unit, and the corridor grill which separates the North Wing from the administrative area.

Administrative Area. F r o m the Control Center, he walks south down the main corridor toward the South Wing, passing the Protestant and Catholic chapels and the gymnasium, the captain's office on the left, and on the right, the library, barber shop, canteen, officers' mess hall and inmates' mess h a l l before reaching the south corridor grill gate that separates the Administrative Area from the South Wing. ( S e e Diagram 2 and Photo 3.) In the basement of the west side of the Administrative Area are the prison plumbing shop, carpentry shop, shoe repair shop, paint and glass shop, clothing issue and laundry. A visitor to the basement may see inmates working in the shops as part of the Prison Industries program. He would also see that, while some inmates work or participate in educational programs at the prison, more than a third of the inmates are idle all day; many more are occupied for only a few hours a day. "We actually don't have enough hard labor to keep a man busy for at least eight hours a day," a corrections division head remarked. (See Appendix F for more information on inmate activity.) Note also that a large Prison Industries building and a vocational education building are separately located on the west side of the prison. (See Photograph l, p. 50a.)

The south corridor grill gate opens in the same manner as the north corridor grill n e a r e s t the Control C e n t e r. (See P r i s o n Diagram.) It must be unlocked electronically from the Control Center, then manually slid open and closed and snap-locked. As is the case with the north corridor grill, this grill was supposed to be kept closed and locked during the evening and morning watches (4:30 p. m. to 7:30 a.m.) every day.