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Report of the Attorney General on the February 2 and 3, 1980 Riot at the Penitentiary of New Mexico

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Report of the Attorney General on the February 2 and 3, 1980 Riot at the Penitentiary of New Mexico If you have issues viewing or accessing this file contact us at NCJRS.gov. J 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 ADMIN AREA SOUTH WING NORTH WING Kitchen a Shopsin O O E) "1" O O O Basement o "O O m "11 c E r~ I%) MessInmateHall tE OI Barberr "-'~ ~ ~ Sh°p Icanteen. Library I Grill OrI/! C O R R I D O R :J "~' M A / N i Control Catholic~.-"~ Protestant Chapel Chapel Center 3 O O O Patio O 3> F/ E r- t- • I%) !Offices ~~ Warden's 7 Office Offices THE PENITENTIARY OF NEW MEXICO MAIN FLOOR PLAN PRISON DIAGRAM J Report of the Attorney General on the February 2 and 3, 1980 Riot at the Penitentiary of New Mexico PART I The ~enitentiary The Riot The Aftermath Report-Mandated By Section 9, Chapter 24, Laws of 1980 NCJRS OCT 3 1 Ig80 ACQUiSiTiONS STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL JEFF BINGAMAN ATTORNEY GENERAL © 1980. Office of the Attorney General of the State of New Mexico % STATE OF NEW MEXICO ( ffi e of file ttor ( er er d DEPARTMENT OF JUSTICE P.0, Drawer 1508 JEFF BINGAMAN ATTORNEY GENERAL June 5, 1980 TO: GovernorBruce King and Members of the New Mexico Legislature FROM: Jeff Bingaman, Attorney General RE: Part I -- Report of the 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 only to report facts. It therefore purposely does not draw any conclusions or make any recommendations. The Attorney General's investigation will continue. Part II of this Report, which will be completed in the Fall of 1980, will address the overall conditions at the Penitentiary and its satellite institutions. That report will 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, Ray Gallagher, Ken Richards, Carol Wantuchowicz, Patrick Whelan, and Jim Wilson. Special note is given to Patrick Von Bargen of the Silverbridge Firm and Jerrie Herrera of the Attorney General's Support Staff. We also acknowledge with gratitude the Citizens Advisory Panel for monitoring our investigation and reviewing this Report. We deliver Part I of our Report in the hope that, by clarifying the facts and events which occurred at the Penitentiary on February 2 and 3, 1980, it will prompt all of us to ask the right questions. Those questions, in turn, if correctly analyzed and answered, should lead to lasting solutions to the underlyingproblems which the Riot brought to light. jh TABLE OF CONTENTS PRISON DIAGRAM.................................... Inside Cover Page No. INTRODUCTION ...................................... 1 THE PENITENTIARY. .............................. ,.. Diagram 1 - Gatehouse Area ..................... 3 The Control Center ............................. 4 Diagram 2 - Control Center Area ............... 5 Corridor Grills ................................. 6 North Wing ..................................... 6 CeUhouses ...................................... 6 Cellblocks ...................................... 6 Diagram 3 - Typical Exterior Cellhouse ......... 7 Diagram 4 - Typical Interior Cellblock .......... 9 Administrative Area ............................ l0 South Wing ..................................... ll Dormitories .................................... Ii Diagram 5 - Typical Dormitory Wing ............ 12 THE RIOT ........................................... 14 FOREWARNINGS OF THE RIOT .................. 14 TAKEOVER ...................................... 16 Assignments ................................ 16 Diagram 6-Takeover....................... 17 Guards Seized In E-2 ....................... 18 Four More Hostages Taken... .............. 21 Control Center Entry ...................... 22 Release of Maximum Security Convicts ..... 24 Access to Drugs And "Sniff" ............... 24 Cutting Torches Obtained .................. 25 Entry Into Cellblock 4 ..................... 25 Takeover Completed ....................... 26 SECURITY LAPSES.............................. 27 Post Orders ............................... 27 The Takeover In E-2 ...................... 27 Two Supervisors in One Wing .............. 27 Key Handling ............................. 27 Inconsistent Door Handling ................ 28 Riot Control Grills Unused ................ 28 South Corridor Grill ...................... 28 Control Center Glass ..................... 29 Access to Blow Torches and Other Tools.. 30 _i ¸_ RESPONSE: EVENTS OF THE RIOT AND NEGOTIATIONS (SATURDAY, FEB. 2 ) ....................... 31 Initial Inmate Demands ..................... 31 Negotiation Strategy ...................... 31 Securing the Perimeter .................... 32 Early Negotiations......................... 33 Reporters and Families Arrive ............. 33 Rodriguez Arrives at Prison ............... 34 Early Fires ................................ 35 First Hostage Escapes ..................... 36 Second Hostage Released .................. 36 Hostage Safety ............................ 36 Third Hostage Released ................... 36 Penitentiary Ambulance ................... 36 National Guard Arrives .................... 37 Inmate Conversation With Governor ........ 37 Inmates Begin Surrendering ................ 38 Hostage in Need of Medical Care .......... 38 Governor Arrives at Prison ................ 39 Information and Threats of Violence Against Inmates ......................... 40 Leaders of Violence ....................... 40 VIOLENCE INSIDE .............................. 41 North Wing Violence ...................... 41 South Wing Violence ...................... 42 NEGOTIATIONS CONTINUE ...................... 43 National Guard Medical Support ..... ..... 43 Inmate Injuries ............................ 43 Inmate Demands ........................... 44 NEGOTIATIONS SATURDAY AFTERNOON ........ 45 Information From Surrendering Inmate ..... 45 More Negotiations ........................ 45 Meeting With The Press; Fourth Hostage Released ....................... 45 Planned Media Contact With Inmates ...... 46 Fifth Hostage Released ................... 46 Cameraman Goes In And Sixth Hostage Released ............................... 47 Shugrue Then Entered the Prison .......... 48 NEGOTIATIONS CONTINUE: SUNDAY, FEB. 3 .... 49 Seventh Hostage Escapes .................. 48 Overdoses ................................ 48 Eighth Hostage Released .................. 48 Ninth and Tenth Hostages Escape ......... 49 -ii- Factions Among Inmates ..................... 49 News Conference With Inmates .............. 50 Helicopter Disrupts Final Negotiations...... 50 Last Two Hostages Released; Negotiations and Riot End .................. 50 PHOTOGRAPHS .................................. 50a-h CONSIDERATIONS FOR RETAKING................ 51 Capability......................... ......... 51 Guiding Principle - Hostage Safety.......... 51 Plan to Retake 4:00 a.m., Sunday Morning 51 Information To Press and Families .......... 53 RETAKING ...................................... 53 The Retake Plan........................... 54 Going In.. ................................. 54 AFTERMATH ............................... ........... 59 Collecting Evidence Before the Retaking .................................. 59 Crime Scenes ............................ 59 Accounting of Inmates for Families and The Press ................................ 60 Information to Public at Gate ............. 60 News Coverage of Accounting ............. 61 Accounting for Inmates .................... 61 CONFINEMENT OF INMATES ..................... 61 National Guard Oversees Inmates Outside ................................. 61 Rehousing Inmates ........................ 62 REINSTITUTION OF SERVICES .................. 63 Basic Needs ............................... 63 Food .............................. , ...... 63 Visitation ................................ 64 Psychological Services .................... 64 Exercise .................................. 64 Education Programs ...................... 64 Prison Industries ......................... 65 Records Reconstruction .................. 65 Reconstruction of Physical Plant ......... 65 Mail Service ............................. 65 CORRECTIONS STAFF........................
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