Inmate pleads in attempted murder case

By Jim Maniaci
Cibola County Bureau

GRANTS — One of the three men indicted earlier this year for allegedly being part of an attempt to murder a gang leader in the state's prison for men at Grants in June 2005 had a day in court Monday.

And it was under some of the heaviest security ever seen at the downtown district courthouse in Grants.

Meanwhile, the only one of the trio who hasn't had his record sealed, Randall Kose, 27, had a substitute attorney appointed since his original public defender pulled out of the case, citing irreconcilable differences. Kose's case is scheduled to go to a jury Dec. 18.

Judge Camille M. Olguin ruled Monday during a special noon hearing about a plea bargain with Christopher Brandenburg, 26, that her court would remain open.

However, she accepted the motions by Public Defender John Bezzeg and Deputy District Attorney Randolph Collins to seal the record with no unsealing date announced just as she did on Oct. 31 with the file on Kenneth Griego, 39.

January indictments
The three defendants were indicted by the 13th Judicial District Grand Jury for Cibola County on Jan. 11 and their charges were filed in the District Court Clerk's Office the next day.

Kose and Griego were charged with second-degree felony attempted murder, second-degree felony deadly weapon possession by a prisoner, second-degree felony conspiracy to commit murder, third-degree aggravated battery resulting in great bodily harm and third-degree felony evidence tampering.

The grand jury declined to charge Brandenburg with conspiracy to commit murder, but did issue true bills alleging he was an accessory to attempted murder and an accessory to aggravated battery resulting in great bodily harm.

For the 20-minute hearing Monday, more than a dozen city, county, court and New Mexico Corrections Department armed officers wore bullet-proof vests and were stationed strategically inside and outside the court. The judge also shut off the regular video recording of the proceedings and required the court stenographer to use the old-fashioned paper steno tape which is typed into a manuscript to form the official record.

Collins asked for 10 years plus two years supervised probation, followed by five years parole. Bezzeg countered with six years. Collins also asked for consecutive terms instead of letting the shorter sentence be included within the longer term.

During the hearing, the judge carefully and routinely took Brandenburg through the many questions to confirm he willingly was entering into the agreement.

Defendant questioned
One of Olguin's questions was if Brandenburg knew the maximum possible punishment for the alleged crimes. He replied nine years and three years and she prompted him to add the fines of $10,000 and $5,000, which he did.

The judge noted his status as a habitual offender, asking him if he understood this could mean eight more years. He said he did.

As part of her long list of questions, designed to show any appeals court that the defendant had received all the required considerations and fully understood what he was agreeing to, she asked about his education. She learned he had gone through the eighth grade and recently earned his GED.

He pleaded guilty as an accessory to both charges.

When the judge started through Brandenburg's 7-conviction habitual offender record, Bezzeg cut her off after two citations and waived the reading of the other five. Collins didn't object.

In open court, Collins was required to state the factual basis for the charges to which the defendant pleaded guilty as part of the agreement.

Attempted assassination
The deputy DA said that on June 28, 2005, a gang leader, Sammy Mascarenas, was brought into the Western New Mexico Men's Correctional Facility at Grants at 5:39 p.m. At 6:08 p.m. an assassination attempt was made on him by Kose and Griego, using shanks, which are pieces of metal inmates sharpen into knives.

Mascarenas survived the multiple stab wounds.

Collins maintained the assassination plot was hatched several days before by the three plus a fourth inmate. The deputy DA said that just before the attempted murder, Greigo showed Brandenburg the shank and asked for his shirt to make a better-gripping handle for the weapon.

Mascarenas fought off the initial assault by Kose and the follow-up attack by Griego on the higher tier in the cellblock and ran down the stairs where Brandenburg attempted to hold him for the other two, Collins said.

The Corrections Department had to assemble a rescue team before entering the cellblock, breaking up the attempt on Mascarenas' life, Collins said.

Bezzeg did not challenge the prosecution's version of the incident.

Kose was arraigned on Jan. 20 and pleaded not guilty to all five allegations.

On Aug. 15, Kose moved to dismiss Daniel Salazar as his defense counsel, claiming no contact had been made since he was appointed Jan. 17. Salazar's letter replied everything was sent to Kose in August, adding that discovery began in February. The attorney then asked the court to withdraw him as the public defender because of irreconcilable differences. On Sept. 8, Collins agreed on the condition the change of lawyers not be used to win an acquittal because of a lack of speedy trial.

On Sept. 29, Judge Olguin appointed Armando Torres as Kose's substitute counsel. The original trial had been set to start Oct. 23. On July 24, a New Mexico Supreme Court justice granted an extension until Nov. 20. Kose's file does not contain another continuance notice.

The prosecution's two witness lists, including the supplement submitted Sept. 1, contain 28 names, including the intended assassination victim. The prosecution's evidence list contains 87 entries, many of them photographs of the bloody cellblock. In addition to the shanks, it includes a garbage can lid which the victim may have used as a shield, hospital reports, Kose's rankings a security threat and prison records, witness statements, police reports, and the bloody clothing worn by Mascarenas, Kose and Griego.

To contact reporter Jim Maniaci in Grants, telephone 285-6184 or (505) 870-7775 (cellular).