NEW MEXICO CORRECTIONS DEPARTMENT INMATE MISCONDUCT REPORT

Form CD-090 10 1.1 March 12~c)12

ame Carlos Fierro

'rut Unit 2A bunk 204

CHARGE (S):
A(32) Advocating or Creating Facility Disruption! A (36) Attempt to Engage in or Engaging in any Unauthorized or Inappropriate Relationship I B(38) Improper Legal Assistance B(2) Knowingly Making a False Statement to any Staff Member B(2l) Any Unauthorized use of Institutional Equipment! B(33) Failure to follow Published Rules or Regul

REPORTING EMPLOYEE'S STATEMENT:
On March 6,2012 an interview was conducted with inmate Carlos Fierro # 70996, the interview is in regards to an investigation that was initiated on inmate Fierro utilizing state equipment for personal use after hours and on weekends along with providing legal assistances to inmates. The following is the outcome of the investigation Inmate Fierro was questioned ifhe was using the Fax machine after hours and on weekends; inmate is claiming that he has never used the Fax machine he would have the caseworkers or the programs clerk do all his faxes. Inmate was questioned who the caseworker and the programs clerk are, inmate Fierro stated that the caseworker was Viola (Viola Kinsey) and inmate Richard Savage # 55904 is the programs clerk. Inmate stated that he would put in a request to be approved by the caseworker and give the approved paper work to inmate Savage to be faxed. Inmate is claiming that he had no access to the fax machine so he would give it to the caseworker or the programs clerk.

Inmate Fierro was asked on several occasions during the interview ifhe has ever faxed after or on the weekends or ifhe has ever used the fax machine on his own, inmate was very adamant that he has no access to the to any fax machines at the level one facility the caseworlcer or the clerk would do all faxes. Inmate was asked what was the reason for having paper work faxed and to whom; inmate is darning the he is sending legal work to his lawyer regarding his case and for the LSA that he is trying to get back for himself and other inmates.

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that he was calling his lawyer and that he would be called from his unit to call his lawyer and to other entities like channel 4 news and that he was told to make these call by the Deputy Warden Ken Sandlin.

Inmate Fierro had another inmates J and S in his property, inmate was questioned ifhe is being a representative or lawyer for the inmate that are incarcerated with him in at the level I facility. Inmate Fierro is claiming the he is iust helping the other inmates understand their charges. Inmate was questioned ifhe is helping the other inmate understand their charges what else is he doing for them. Inmate stated that he is not helping other inmates he is just helping himself.

Inmate was asked ifhe has other inmates names that are trying to get LSA's along with his on any faxes that have been sent from the level I. Inmate Fierro stated that he does because he is trying to get his paper work in order. It does appear inmate Fierro is helping and being a representative for other inmates; the other inmates that are trying to get LSA are indeed named in one of the Faxes that were sent out to Joyce Phillips. Inmate Fierro faxed sheet states "Joyce please call Sen. Michael Sanchez and Linda Lopez as well as Gadi Schwartz at KOB and bring up the following points to them. For Larry he is waiting for one Soar lump sum and Gabe Soar I, II and Mrt. And my self Soar II and Mrt." The inmates named in the fax sheet are Larry Phillips # 73384, Gabe Gurule # 64987 as well as inmate Carlos Fierro # 70996.

The information on the Message Conformation Report is as fallows, Date March 3, 2012 at 8 :30 pm sent to fax number (505) 845-9394 from fax number (505) 383-3770 named CNMCF GP Records. Inmate Richard Savage # 55904 as a favor sent the fax for inmate Fierro. with out the knowledge of the staff. Inmate stated that he had the paper work faxed on Monday afternoon ,The conformation report was discovered Monday morning at 8:30 am. Inmate Fierro is claiming he had one sheet faxed, after a review of the conformation report and the interview with inmate Savage it was discovered that inmate Fierro had three sheets faxed. Inmate Fierro also had paper work in his property for the fallowing inmates; inmate Fierro has copies of the Certificate of Completion Therapeutic Community CNMCF level I for inmate Rafael Lucero # 50008, Danny Munoz # 69632, James Duran # 51703and Christopher Baldomar # 72454 as well as four Certificate Of Achievement Phase I of Project Soar as well as a certificate of Achievement of Completion for MRT for inmate Rafael Lucero # 50008. Also inmate Fierro was in the possession copies of the following chronos for inmates lames Duran # 31703, Chris Baldomar #72454, Larry Phillips #73384, Danny Munoz #69632 and four chronos for Rafael Lucero # 50008. Investigation was completed on March 12, 2012 at 9:00 am all findings of the investigation are attached
Pre-Hearing Detention? Use of Force? Are Witnesses Statements Attached? Name of Staff Witnesses: None Print Name: Ramon 01 nin

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Title:

Message Confirmation Report

m-G3-2012 08:44 PMSA1
Fax Number Name : 5053833770 CNMCFGPRECORDS

Narre/Number

915058459394

Page
Start Tine Elapsed Tine

3
MAR-03-2012 01'10" STD ECM (O.K] 08:43PM SAT

~de
Results

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HP Color LaserJet

Fax Activity Log
HP lASERJET FAXCNMCF 5053833770 950AM Mar-6-2012

Date
2/15/2012 2/15/2012 2116/2012 2117/2012 2120/2012 2/20/2012 2/20/2012 2120/2012 2/21/2012 2/21/2012 2/21/2012 2121/2012 2/21/2012 2/22/2012 2/22/2012 2/23/2012 2/24/2012 2/24/2012 2/27/2012 2/27/2012 2/27/2012 2/2712012 2128/2012 2/28/2012 2/29/2012 2/29/2012 31 112012 31 112012 3/ 1/2012 31 112012 3/ 112012 31 2/2012 3/ 5/2012 31 5/2012 3/ 5/2012 31 6/2012 31 6/2012 31 6/2012 31 6/2012 31 6/2012

Time
11 :06:17AM 11:16:05AM 9:06:37AM 11:16:48AM 9:34:47AM 10:0837AM 10:46:02AM 1 :4l:48PM 9:24:13AM 11 :0826AM 11 :1338AM 12:5522PM 5:00:52PM 11 :00:48AM 5:28:32PM 12: 1l10PM 9:25:25AM 10: 11 :39AM 9:05: 12AM 10:4912AM 11 :3346AM 3:25: 18PM 9:18:31AM 2:39:34PM 11 :3530AM 5:23:22PM 2:09:54PM 4:04.40PM 459.05PM 5:09:22PM 5: 10 :57PM 9.58:50AM 10:37.53AM 12: 10:35PM 12:4545PM 920:50AM 9:41:53AM 9:4358AM 948 :44AM 9:49:54AM

Type
Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive .Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Receive Send Send Receive Send Send

Identification
5058417260 5058278771 5058278771 5058278771 5058278771 505 383 3381 505 383 3381 5058278771 5058278771 5058278771 5058278771 5058278771 5058278771 5058415006 5058278771 5053264868 5058278771 5058278771 5058278771 5058415134 5058652709 5058652709 5058278771 5058278771 5058415134 505 383 3381 505 348 2626 5058278771 5058278771 5058278771 5053264868 5058278771 5058278771 3833510 33510 5058668510 3833510

Duration
2:26 0:55 3: 57

Pages
3 2 12 3 2 1 3 2 9 2 2 2 1 6 2 1 3 3 10
1

Result
OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK 8usy OK Power Fai 1 Busy

0: 18 0: 18 1 :17 0:54 310 0:48 0: 47 o 37 o 27 244 1:02 o 43 1:14 1: 25 3: 13 0.38 138 0.54 0.56 039 0:38 o 16 102 0.51 1: 03 l :34 0:27 042 256 0.25 000 0:21 0.00 000

i 17 1: 10

1

2 2 2 2 1 1 1 2 4 4 1 8 3

1

1: 12

1 0

a
a

1

,

MEMO RE<.:JJIVbO
Raply naply All fllrward

MEMO RECEIVED
Smith, Sharon, NMCD

On 3J5J12 Crystal seares came Into my offlce and handed me a conflnnation page from the fax machine. I looked at it briefly but couldn't make sense of it so set it aside. Late in the afternoon I pulled out the sheet and read it, trying to see what inmate this fax was in reference to When I read the content I realized that I wasn't ablE! to ascertain the inmate it might be related to but the content was disturbing and I decided to take the paper to Rhonda Lucero, Classification SupervisOr at CMU. I explained to her that J had received the paper from Crystal and did not put much significance to it until ~ter In the afternoon when I actually read it was certain that Rhonda, in liu of Deputy Warden Sandlin should see it.

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3/61101

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Transmission Journal

MAR-04-2012 02: 59 PM SUN
Fax Number Name

() 5053833770 CNMCFGPRECORDS

~~ ~, "1';)Results

0<701)

No. 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795
-/96

Nane/Number 915052923807 915052923807 915058980004 917142107758 917142107758 915058980004 98414978 98414978 915755233447 917149936065 917149936065 917149956065 917149956065 93459600 93459600 915058278933 93833319 93833319 93833319 915058980004 915058278933 92120969 92120969 919403820270 98278933 98278933 915058278933 915058980004 915058980004 93420468 93420468 95058278679 95058278679 915058278679 915058278679 98419650 98415134 98415134 98415134 98415134 915058524292 915058524292 93833319 915058459394 915058459394 915058459394 915058459394 915058459394 915058459394 915058459394

Start 01-25 01-25 01-28 01-29 01-29 01-29 01-29 01-29 02-01 02-01 02-01 02-01 02-01 02-04 02-04 02-06 02-07 02-07 02-08 02-11 02-11 02-11 02-11 02-11 02-12 02-12 02-13 02-15 02-15 02-18 02-18 02-19 02-19 02-19 02-19 02-21 02-21 02-21 02-21 02-21 02-26 02-26 02-27 03-03 03-03 03-03 03-03 03-03 03-03 03-03 Total

Tine

Time G3 G3 ECM G3 G3 ECM G3 ECM ECM G3 G3 G3 ECM G3 ECM ECM G3 G3 ECM ECM ECM G3 G3 G3 G3 G3 ECM G3 ECM G3 ECM G3 G3 G3 ECM ECM G3 G3 G3 ECM G3 ECM ECM G3 ECM G3 G3 G3 ECM G3

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04:16PM 02' 16" 04:21PM 00'00" 02:25PM 00'46" 03:39PM 00'00" 03:44PM 00'54" (18:10PM 00' 14" lO:l5PM 00'00" 10:l9PM 00'24" (ll: 46PM 00'12" (15:03PM 00'00" 05: 04PM 00'00" 05: 07PM 00'00" 05: 09PM 00'56" 07: 42PM 00'00" 07: 44PM 00'26" 03:27PM 00'30" 04:05PM 00'00" 04: 07PM 00'00" 07: 16PM 00' 14" 02:01PM 00'14" 04:06PM 00' 32" 05:42PM 00'00" ('5:46PM 00'00" 05:49PM 00'44" 03: 33PM 00'00" 03: 37PM 00'00" 02:41PM 00'28" 06:11PM 00'00" 06:15PM 00'44" 07: 09PM 00'00" 07:13PM 00'26" 03:38PM 00'00" 03: 42PM 00'00" 04:21PM 00'00" 04:23PM 00'32" 01: 44PM 00'30" 08:54PM 00'00" 08: 55PM 00'00" (,8:58PM 00'00" 09:00PM 00'54" 09: 17PM 00'00" 09: 18PM 00'18" (.9:ooPM 00'27" 08: 38PM 00'00" 08: 43PM 01'10" 08: 53PM 00'00" 08:57PM 00'00" 09:05PM 00'00" 09:09PM 00'22" 09:09PM 00'00" Time :

001/018 [Corrm. Error] 000/018 [No Answer) 003/003 [O.K} 000/003 [No Answer1 003/003 (O.K] 001/001 [O.K] 000/003 [No Answer] 003/003 [O.K) [O.K] 001/001 000/005 [No Answer] [No Answer) 000/005 000/006 [No Answer) 006/006 (O.K) 000/003 [No Answer] 003/003 [O.K! [O.K] 004/004 000/001 [No Answer] 000/001 [stop Pressed [O.K] 001/001 [O.K) 001/001 [O.K) 003/003 000/003 [No Answer) [No Answer] 000/003 003/003 rO.K] [No Answer] 000/018 [No Answer] 000/018 [O.K] 004/004 [No Answeej 000/002 [O.K] 002/002 (No Answer) 000/001 [O.K] 001/001 [No Answeej 000/002 [No Answer] 000/002 [No Answeej 000/002 [O.K) 002/002 [O.K) 002/002 [No Answecj 000/005 [No Answer] 000/005 [No Answer] 000/005 005/005 [O.KJ [No Answer] 000/002 [O.K) 002/002 [O.K] 002/002 [No Answer] 000/003 003/003 [OoKJ [No Answer] 000/003 [No Answec) 000/003 [No Answer] 000/003 [OoK) 003/003 000/003 [tio Ans\..er]

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