Gallup's Daniella Aretino shoots a jumper over the La Cueva Bears' defenders as the Bengals cruised to a 59-36 win in the semi-finals held in Albuquerque on Friday.

Photo by Michael Fagans

 

Weekend
March 11-12
2000

( selected stories )

| Mar 10 | Mar 9 | Mar 8 | Mar 7 |
Mar 6

— Contents —

Bengals unstoppable


New jail was violent and risky, suit claims

Former employees want $36 million

Correction

Former CSC employees claim kitchen workers had hepatitis

Native American shoppers keep Gallup humming

Mother takes sons jewelry before being jailed for DWI


Bengals unstoppable

Alan Arthur
Sports Editor

ALBUQUERQUE — The Gallup Bengals' performance on Friday brought a tear to their coach's eye.
In a good way.

The Bengals dominated every statistic in the game as they rolled to an impressive 59-36 rout of the La Cueva Bears in the Class AAAA semifinals of the New Mexico Girls State Basketball Tournament Friday afternoon at the Pit.

"I knew we were going to have something special this year," Gallup head coach John Lomasney said, who was seen wiping a tear away outside the lockerroom after the game. "I got choked up on this game. I just thought that was a wonderful effort.
Everyone on this team. When we made a mistake we made something positive happen. Then to walk to the free throw line and just put it away. It was just a fantastic effort. Maybe one of the best Gallup has ever had."

The Bengals (25-1) will now face the Clovis Wildcats (20-5) in today's championship game to be played at 3:30 p.m. at the Pit. Clovis defeated the Sandia Matadors in overtime Friday.

The matchup with the Bears was expected to a tough one for the Bengals, with both teams having split their season series this past year. But the Bengals took control early and never gave La Cueva a chance to get back into the game.

"We wanted this game so bad and we want this tournament so bad that they weren't going to stop us," Gallup senior Daniella Aretino said after scoring nine points and grabbing 11 rebounds.

"We wanted to fight all the way (through the tournament) and we really wanted to play La Cueva. We're glad we did. We're glad we came up with the victory," Gallup senior Elgia Begay said, who scored 14 points and shot 10-of-10 from the free throw line.

It wasn't a totally perfect day for the Bengals. Gallup senior Perrline Kelewood suffered a possible ACL injury in the second quarter and will miss today's championship game. Kelewood had scored two points, grabbed four rebounds and handed out two assists before the injury.

Gallup came out running on all cylinders and jumped out to an early 12-4 lead in the first quarter. La Cueva led 4-2 before the Bengals ran off eight straight points with an inside goal by Aretino, a three-point shot by Jyme Beth Begaye and a goal and a three-pointer from Roberta Tahe.

After a La Cueva score broke the streak, Gallup came right back with a fastbreak layup by Begay and an inside goal by Aretino for a 16-6 lead. The Bengals led 16-7 after the first quarter.

The Bengals went up by 13 points at 22-9 in the second quarter and were leading 30-16 at halftime.

In the third quarter, La Cueva got as close as 10 points at 30-20 after a pair of free throws by Nadia Delgado and then cut the
margin down to eight points at 32-24 on a jumper by Stacey Marron, who scored 11 points in the first half and was the only reason the Bears were as close as they were.

The Bengals went back up at 36-24 at halftime as Begaye hit three free throws after being fouled on a three-pointer and Aretino hitting 1-of-2 free throws. All six points by the Bengals in the third quarter came off of free throws as they made 6-of-9 from the line.

That was an omen of things that were to come. Gallup only took five shots from the field in the third quarter and had only two field goal attempts in the fourth quarter with Begay scoring on a driving layup.

The rest of the Bengal points came from the free throw line. The Bengals made 21-of-24 free throws in the final quarter. Gallup drew numerous fouls on La Cueva on the inside but the Bears also began fouling the Bengals early, apparently noting that Gallup had trouble making free throws in their quarterfinal win over Rio Rancho on Thursday.

"We sure didn't miss them today," Lomasney said of his team's shooting from the foul line. "If we have to go to the free throw line, we'll do it."

Gallup finished by making 83% of their foul shots, putting down 33-of-40. Elgia Begay led with her 10-of-10 performance, but Jyme Beth Begaye followed with a 7-of-7 performance as she scored 15 points and grabbed eight rebounds, Ramonica Harvey was 6-of-6 as she finished with nine points, Aretino was 5-of-8 and Tanya Bailey was 4-of-5 to finish with four points.

That wasn't the only impressive statistic for the Bengals. Gallup also made 11-of-21 shots from the field for a 52% outing and nailed four three-pointers. The Bengals also outrebounded the Bears 35-22.

Defensively, Gallup held La Cueva to 28% shooting from the field (12-of-43).

"We all had to give 110 percent throughout the whole game," Aretino said. "In the first couple of seconds we had a little messup, but then we came right back and we played with a lot of intensity. It took a lot of heart."

"Gallup just beat us, pure and simple," La Cueva head coach Jerry Brown said, whose team fell to 23-2 on the year. "They got performance in every facet of the game, they defended us very well, they executed their offense to near perfection and they took us out of about everything we wanted to do."

La Cueva will have played the Sandia Matadors in this morning's third place game at the Pit.

Meanwhile, Gallup prepares to see if they can win their third state championship. The Bengals won the state title in 1994 and again in 1997.

"I think this year we're all extremely focused and we have one thing on our minds. We're going for the gold or whatever you call it," Aretino said.

"It's exciting. We're a family here and we're real glad to be going for the gold," Begay said. "We're ready to play. We have the heart and we just have to keep on fighting."

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New jail was violent and risky, suit claims

Zarana Sanghani
Staff Writer

GALLUP — Life at the McKinley County Adult Detention Center was violent and risky for its inmates when Correctional Services Corp. managed it, and the jail was also dangerous for its officers, according to allegations that 15 former CSC employees made in a lawsuit filed against CSC.

The lawsuit charges CSC unfairly fired those employees because they would not remain quiet about problems at the facility.
CSC, which operated the detention center from June 1997 until this past January, gave each of the employees reasons they were fired, but the plaintiffs said the complaints CSC had about them were not true.

Former administrative, food service, security and nursing personnel filed the suit in U.S. district court in Albuquerque. In the suit, they described the lax security at the jail while they worked there.

William Marchiando, the Albuquerque attorney representing CSC, said the former employees' "claims are not with any merit." He made no other comments.

No training

Guards and other people who interacted with inmates daily did not receive proper training, claimed Christopher Webb in the lawsuit. He was a guard with CSC from March to July 1998.

In an interview with the Independent, Webb, a former police officer, said CSC told him he did not need any training to be a guard.

But Webb said handling people on the streets as a policeman is different from dealing with inmates all day in a jail. The jail requires skills he should have attained through training as a guard, he said.

Though he only had about 24 hours of training, CSC gave Frank Lyons, the food service director from June 1997 until June 1998, a certificate saying he attended 160 hours of training, Lyons said in an interview with the Independent.

In his six years of work in jails before CSC, Lyons said he always received the training required for his positions.

In the lawsuit, Lyons said incidents arose in the kitchen that he and the guard working with him could not handle.

In the interview, Lyons said a female inmate assigned to help in the kitchen, "picked up a knife and threatened me, saying she had a 65-year sentence and had nothing to lose by killing someone else."

When the incident occurred, Lyons said, then-guard Theresa Burrola, who was in the kitchen, "started yelling, 'Time out, time out!' like we were playing with kids. This is the kind of training we had."

Violent inmates in kitchen


Placing violent inmates in the kitchen set the stage for this incident, Lyons said.

"In all my years of food service, I've never had convicted murderers working in the kitchen where they're given access to knives and stuff," Lyons said.

In the lawsuit, Lyons said he often talked to his supervisors about the risk of putting violent prisoners in the kitchen. Despite his concerns, the inmates remained in the kitchen, Lyons said.

The knives in the kitchen should have been tied to the counter, but the cables binding them to the counter were usually missing or broken, Webb said in an interview.

The women Lyons and Webb described as violent came from Montana. Under the contract with that state, 30 of them had to have jobs in the kitchen, Lyons said.

In the lawsuit, Lyons said Bob Bass, then the facility administrator, told staff the Montana women were hardened criminals before they arrived at the jail.

Lyons said he met a female inmate assigned to kitchen work who had killed her husband for money, another woman who killed her mother for not properly baby-sitting her baby and several others who murdered more than one person.

Fights between these and other violent offenders occurred often in the kitchen and around the jail, said both Lyons and Webb.

Problems with inmates


Lyons said assigning violent women kitchen duties was a part of a bigger problem: admitting violent male and female inmates from all over the nation.

In the lawsuit, Webb said he told his supervisors that neither the detention facility nor the guards were equipped to handle violent offenders.

Many plaintiffs in the lawsuit said they made similar comments to Bass and other CSC administrators.

CSC wrote McKinley County commissioners, saying the detention center housed only minimum- or medium-security inmates, the type of prisoners the jail was designed to handle.

However, the classification of those inmates may not be reliable.

Last year, a special state government advisory group was formed to look into the state's prison systems.

The group hired five corrections consultants who did a state-wide prisons study and found the state's classification system was unreliable. The consultants reported that loopholes in the classification procedure could place violent criminals in lower security risk categories than they should be.

Michael Heredia, the jail's counselor and program director from June 1997 to July 1998, said in the lawsuit that his written complaints to his supervisors about violent inmates led to his termination.

Heredia was a licensed detention officer who could escort prisoners into his office if he needed to. He asked for a characterization of inmates that was clearer and more elaborate than the minimum- or medium-security classifications so he would know what kinds of people he dealt with, Heredia said in an interview.

Instead of providing him with this information, CSC changed its rules to say he could no longer move inmates, Heredia said.<cm+bd>Overcrowded jail<cm-bd>On July 13, 1998, Heredia wrote a memorandum to then-director of administration, Mable Henderson, listing his concerns with high-risk inmates and an overcrowded jail.

The same day Heredia wrote his letter, Bass wrote Heredia, saying CSC had abolished Heredia's position. Bass offered Heredia a new position with less pay, and Heredia refused to accept it.

Bass replied to the concerns in Heredia's letter two days later, explaining the jail only houses minimum- and medium-security prisoners. Bass also said the detention center was not overcrowded.

Other officers said in the lawsuit they saw problems with overcrowding.

In the lawsuit, Lyons said serving food to the more than 300 prisoners who eventually filled the detention center was difficult because the kitchen and cafeteria were designed to serve only 200 inmates.

Officer JoAnn Bailey and Heredia said in the lawsuit they saw McKinley County inmates sleeping on the floor because bed space was not available.

With the influx of prisoners from out of the county, properly placing prisoners was difficult, Heredia said in an interview. He said he saw minimum, medium and violent offenders in the same pod, which he thought was unsafe for the inmates.

Inmates hurt each other


Bailey was a guard at the jail from June 1997 to August 1997 and from January 1998 to July 1998. In the lawsuit, she said she saw hickeys on a young man's neck and suspected a larger, more violent inmate with whom he shared a pod was raping him.

Bailey reported her suspicions to Bass, advising him to move the younger man, but nothing was done to investigate or ameliorate the situation.

In the lawsuit, Bailey claimed Bass responded to her concern, saying, "He must like it if he's not complaining."

Inmates at the detention center also bullied guards, said Lyons, the former food service director.

"Most of the McKinley inmates and staff (were) scared of the Bernalillo (County) inmates," Lyons said. "They (the Bernalillo inmates) knew they could bulldog (bully) the staff and (officers) would leave them alone."

Lack of security personnel


Understaffing also added to this fear, former employees who are plaintiffs in the lawsuit told the Independent.

Webb, who worked late-night shifts, said people often did not fill all the positions at night. Most nights, Webb said, he saw only four officers at the jail instead of the 10 who were scheduled to work.

He said enough people were assigned to work, but many did not show up. He said the jail's administrators needed to assign extra people to the positions in case people did not show up.

Some areas in the jail were neglected during the day also, the plaintiffs said in the lawsuit. Lyons said he often requested guards for the kitchen, but was denied them.

"Bob (Bass) told me, 'You don't need anybody, because all you have to do is pick up the phone,'" Lyons said in an interview. "Well, what if you can't pick up the phone?"

When a female inmate from Montana tried to hurt him with a butcher knife, he could not get to a phone and had to wait for security guards to come, Lyons said.

When he would call on officers for assistance after fights broke out, they usually took five or more minutes to arrive, Lyons said in the lawsuit.

In general, plaintiffs argued that the administrative officers at the county jail and the people at CSC headquarters in Sarasota, Fla., would not cooperate with the staff's requests.

Lack of communication


Lack of communication was pervasive in the operation of the facility, Webb added.

For example, when Webb was on leave one day, an inmate pretended to be Webb and asked the officer at the control desk to open the door, Webb said in the lawsuit. The inmate entered another pod, beat up an inmate and stole his property.

The officers at the control desk should have known Webb was not in the facility that day, and they should have checked the video before opening the pod door, Webb said in an interview.

Heredia, Lyons and Webb said these kinds of misunderstandings were a strong indication of the officers' inexperience and lack of training, something the administration should have attended to.

Voicing such concerns may have led to the end of their jobs, they added.

Staff requests ignored


In her interview, Bailey said she found a jumpsuit in a room next to the kitchen and suspected an inmate must have undressed and escaped. But after filling out the appropriate forms, she said, she could not get anyone to investigate the matter.

In the lawsuit, Webb said he gave suggestions to Bass and others to improve the facility, but his requests would not receive attention.

In his interview with the Independent, Webb said he told Bass the television sets should have been wired directly into the wall instead of plugged into electrical outlets.

CSC did not act on his suggestion, Webb said. He saw inmates strip the electrical cords, put part of the wire back into the outlet and use the other part to heat liquids, and one inmate once burned another inmate with hot water, he added.

The day before CSC fired Webb in July 1998, he said in the lawsuit, he noticed loose rocks and bricks lined the recreation area outside. In an interview, he said he told Bass that tar should be used instead of loose rocks because an inmate could use the rocks and bricks to hurt somebody.

CSC told Webb he was fired for stealing food and bringing cigarettes for inmates.

Webb denied the charges, telling the Independent he walked home from work, so he did not have a place to put stolen materials. Since he does not smoke, he added, he would not have given cigarettes to inmates. He said he agreed to take a lie detector test to prove his arguments, but CSC decided not to give him one.

Webb said he believes his comments about the facility influenced CSC's decision to terminate him.

"I got fired because I started shaking the boat. I guess he (Bass) didn't like us telling him how to do his job," Webb said. "I know me and Bass clashed, especially when he would walk down the hall, and I would say, 'Hey, how come this is broke?' or 'Hey, when are you going to fix this?'"

Bob Bass and Fred Bagley, CSC vice president, would not comment on the case.

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Former employees want $36 million

Zarana Sanghani
Staff Writer

GALLUP — Former employees have brought a lawsuit against Correctional Services Corp., asking for more than $36 million for unjustly terminating them when they worked at the CSC-managed McKinley County Adult Detention Center.

CSC ran the jail from June 1997 until this past January.

The lawsuit was filed in U.S. district court in January.

Fifteen former employees from the CSC administrative, security, food service and nursing staff allege that the company fired them because they complained about problems they saw and asked for changes.

CSC gave each of the former employees a reason for his/her termination, but the workers said CSC's complaints against them were not valid. Moreover, the plaintiffs said they were never given a chance to argue for themselves against CSC's reasons for termination.

In addition to the more than $36 million the plaintiffs are asking for general and punitive damages, they are also asking for compensation on lost wages and benefits and attorneys fees.

For 12 of the plaintiffs, this is not the first lawsuit they have filed against CSC. In September 1998, 11 former employees filed separate lawsuits against CSC for firing them.

The 12th person, Andrew James, the jail's head nurse from June to November 1998, filed a lawsuit for wrongful termination in January 1999. Gallup attorney William Stripp filed all 12 lawsuits in the McKinley County district court.

Those cases were first assigned to County District Court Judge Joseph Rich. Stripp said he heard that Rich was Bob Bass's godfather. Bass was the facility administrator and one of the defendants in the cases at that time. Rich could not be reached Friday afternoon for comment.

Stripp filed a motion to excuse the judge, but after Rich was excused, the courts found Stripp's motion was submitted after the deadline for motions to excuse judges. The case was returned to Rich, and Stripp said he decided to file the case in federal court. The cases were dismissed from county court.

In January, one lawsuit naming all 15 former CSC personnel as plaintiffs was filed in federal court. Stripp said he does not expect the suit to go before a judge until this fall.

Of the 15 plaintiffs, only one, guard Lojann Hooee, has returned to work at the detention center under the new operating company, Management and Training Corp.

CSC attorneys have filed a motion to have the case dismissed, arguing the lawsuit should have been filed in a state court. The case is in U.S. district court.

Besides CSC, no other defendant is listed in the new case in federal court. CSC counsel wrote in its motion that Bob Bass, the facility administrator under CSC, should be included as a defendant because he is mentioned several times in the plaintiffs' statements against CSC.

In their motion to dismiss the case, the CSC attorneys wrote that since Bass and the plaintiffs both live in New Mexico, if the lawsuit includes Bass, the case will have to be filed in state court.

Stripp argued that Bass' actions were a direct result of CSC's instructions, so CSC must take full responsibility. Bass does not need to be named as a defendant, Stripp added.

Since CSC, the defendant, is headquartered in Florida and the plaintiffs live in New Mexico, the claim should be filed in federal court, Stripp said.

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Correction

An article, published Thursday, about a 10-year-old boy accused of threatening his 8-year-old playmate with a knife stated the child was charged with aggravated assault. However, the child faces no charges in connection with the incident. According to New Mexico law, a child 10 years or younger cannot be charged with an offense as serious as aggravated assault.

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Former CSC employees claim kitchen workers had hepatitis

Zarana Sanghani
Staff Writer

GALLUP — Hazardous medical conditions at the McKinley County Adult Detention Center were neglected by Correctional Services Corp. administrators who once managed the facility, said several former CSC employees in a lawsuit they have brought against the company in U.S. district court.

The plaintiffs were fired from their jobs at the jail for various reasons given by CSC, but the former prison staff said in their lawsuit, filed in January, they were fired for bringing problems to people's attention.

Many of those problems involved deteriorating medical services at the jail that administrators did not correct, some plaintiffs said in the lawsuit...

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Native American shoppers keep Gallup humming

Walter Howerton Jr.
Staff Writer

Editor's Note: This is the first of an occasional series that will look at the Gallup economy.

GALLUP — Poor people pay extra. It's as American as apple pie. And in Gallup, it's as Native American as lamb stew and pion nuts.

One way or another, the economy of Gallup rests squarely on the backs of Native Americans, mostly Navajos.

It is these faces of Indian people that adorn Gallup's billboards along Interstate 40 and also its tourist brochures. They are noble and fine faces, artfully and romantically sepia-toned tourist bait for the string of motels, restaurants and the seemingly endless shops selling Native American arts and crafts...

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Mother takes sons jewelry before being jailed for DWI

Mary E. Davis
Staff Writer

GRANTS — Before Jeremy Martin was hauled off to jail by village of Milan police officers March 4 on a drunk-driving charge, his mother tried to make sure her teen-age son didn't take anything valuable with him.

Martin, a Grants resident, was sitting in the back of a police vehicle when his mother asked an officer if she could speak to him. The officer allowed it. The woman, apparently concerned about her son's jewelry, took Martin's gold-colored necklace from around his neck and a bracelet from his wrist. The handcuffs prevented her from getting his watch. She did, however, obtain his blue Ford pickup truck when officers released the vehicle into her custody...

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Navajos mobilize to get money from Washington

Jim Maniaci
Diné Bureau

WINDOW ROCK — President Clinton has proposed more than a billion additional dollars for Indian programs in the federal budget for the coming fiscal year and the Navajo Nation wants its share.

Because of this, the Diné continue to mobilize their forces for the annual campaign in Washington for more money from the U.S. treasury to meet 1868 treaty obligations to the Navajos.

This year the U.S. treasury provides about two-thirds of the Navajo Nation's $313 million budget, and if the tribe's revenues fail to increase as much as the new federal funds, that percentage would increase to an undetermined portion of the Navajo budget...

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President Begaye reorganizing his administration

Bill Donovan
Diné Bureau

GALLUP — Fourteen months into his administration, Navajo Nation President Kelsey Begaye is reorganizing his staff.

The reorganization which has been in the works for months will align the duties of Begaye's staff assistants with their areas of expertise, said Mellor Willie, Begaye's press spokesman.

Reorganizations by tribal presidents are not uncommon, and they occur about every two years, mainly in the past to switch assignments from someone who was not doing his or her job to someone the tribal leader hoped would actually get it done...

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Pope OKs canonization of Katherine Drexel

PHILADELPHIA (AP) — Pope John Paul II approved sainthood Friday for Katharine Drexel, a Philadelphia socialite who took a vow of poverty and devoted her fortune to helping poor blacks and American Indians.

Drexel, who died in 1955, will be canonized Oct. 1 in St. Peter's Square at the Vatican, said Philadelphia Archbishop Cardinal Anthony Bevilacqua. Drexel was the founder of the St. Catherine Indian School in Santa Fe, N.M., which closed in 1998 after more than 100 years of operation.

She was also instrumental in the development of St. Michaels Indian School in Window Rock."Catholics everywhere, and especially in the Archdiocese of Philadelphia, will rightfully rejoice at this great news," he said...

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Deaths

Wiliam Allen (Bill) Foster

OKLAHOMA CITY, Okla. — William Allen (Bill) Foster, 69, died March 3 in Oklahoma City, Okla. He was born Oct. 25, 1930 in Amsterdam, N.Y. to Viola and Joseph Matthews.

Foster was employed with Farmers Insurance Agency in both Farmington and Gallup. He was a U.S. Army Korean War Veteran and an active member of First Assembly of God Church in Roswell.

Survivors include his wife, Emilie Foster of Roswell; son, William J. Foster of Phoenix, Ariz.; daughters, Jo McGuffin of Edmond, Okla. and Sharon McMahon of Panama City, Fla.; and five grandchildren.

Foster was preceded in death by his parents, Joseph Foster and Viola Foster; and a brother, Robert Foster.

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