due to mature subject matter, viewer discretion is advised.

>> if there's. >> going to be any retaliation, it's possible it would happen here. >> this is where it all starts off. what they do is they'll come over to the plate right here. they'll actually just start working it. they'll work it or keep a piece. they'll just start working it and working it and it eventually starts cutting into the metal. and every time they leave their cell, they get toothpaste and salt. anytime they come in here they can actually see this and they can't really cover that up. the two pieces that were used to assault that one inmate came from right here. this is pretty much contraband right now. >> although level vi is on

lockdown. >> i haven't been a i believe to visit with my mother, my sister for three consecutive weeks because of this thing that they say happened in a separate housing unit with two other inmates that had nothing to do with me. and so it's just not right. it's a nuisance. it's annoying. because i don't behave in a way that merits my suspension of privileges, visits, commissary, nor do a lot of other guys for that matter. but yet we're being punished collectively. two weeks ago, they came over here and took away our nail clippers. we weren't even allowed to have access to our nail clippers in our cell except on sunday night if we needed to cut our nails. the corrections officer would give them to us, cut our nails and give them back. we never even had them in our cells. then they came and took them without no explanation whatsoever. and this is the result.

i just wonder if it's sanitary. now, if i'm acting out, if if i'm creating problems, i've certa earned this, but it's not problem that something is happening somewhere else. i didn't do nothing to nobody and nobody did nothing to me. >> after hours of searching, captain flores uncovers the first clue that gang violence may be imminent at the level v facility. >> god of battles, a war is being mounted. chosen now oh great god, those who must kill, those who must be killed, those taken alive for sacrifice so you may drain their hearts blood. we beg you smile upon those who will die on this field or your altar. the choice of which you are is entirely up to you. so what this is is a prayer of war. it's not very often that you find a prayer y a gang member or a specific gang preparing

themselves for battle. this is something unique. we know that themselves for battle. they are giving us enough information to let us know something is coming down the road. it's imminent. we're trying to see who is who and what is what and identify sleeper gang members out there in the compound. identify them so we know who they are and see if we can stop a future assault. >> violent incidents like the recent gang stabbing in level 6, simply adds to the tension already felt in the supermax facility, especially for michael dailey. >> they call me happy because the last laughs are always on me. i have been living in level 6 since i got incarcerated in

april of 2003. i'm here involuntary protective custody. the institution says there's a threat against my life. in my case, that's why i was in level 6. that's all i'm going to say about that. that's why i was in level 6. >> there's a story there, huh? >> there's a lot of stories. i'm happy to say it out there, but not in here. this is a big week for me. i'm getting released into the community. i'm surprised i made it this far. the stuff that i've seen and the stuff that i've been through, i'm just real thanks to god that i'm making it out, alive. i'm happy to get out. i'm really happy, but scared. i'm scared to get out. i really am. i don't want to hurt the people i love the most. that's why i'm scared.

>> how would you hurt them? >> i don't want to come back here. because coming here hurts my family. before i came here, i never looked at it that way until after doing eight years. that's what i'm scared of. i don't want to hurt nobody anymore. i'm about to make a phone call now. i'm about to call my mom and let her know the good news and i'm coming home and if she could come pick me up. hey, guess what? you can come pick me up friday after 4:00. >> 4:30. >> after 4:30. she's all happy. wow! and are you going to bring me some clothes, right? i'm happy, too, mom. i'm going to make this quick and make sure that you come on friday after -- at 4:00, that way you can be waiting there for me.

i love you and i'll see you soon. okay. bye. four more days and a wake up and i'll be home. i'm going home to my mother. i'm going to parole over there. everybody is happy. i'm just really scared. still ahead, happy is what they call short to the door. he's not a free man, yet. >> you never know what's going to happen. >> plus, the threat of a gang attack wears on staff. >> it's taking it's toll. fredrico files for on out of state transfer. >> it's irrelevant. [ slap! slap! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum tum tum tum tums

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>> because of my charges, i'm housed in level 6. they said i beat a guy to death with three other people in the community jail. torn kidney, broken ribs, broken skull. he was brain dead. they charged four of us. they charged me with the death penalty. take me to court for two and a half years to fight them. i get the death penalty thrown out and then they hang me for first-degree murder. they offered me a plea bargain and i said okay. >> like many suspected gang members, the only way out of level 6 is out of state transfer. the problem is, his request be has been denied before. >> what is it that you need from me today? what do you need to know. >> transfer. >> transfer where? >> out of state. >> i was told your out of state was denied. however -- however, let me finish.

what i can do -- you have it and i don't have it? >> when i got here, you locked me down. >> okay. >> i stayed under investigation for three and a half years. on may 18th of last year i beat the death penalty. when i beat it, they said we can't let you out until your conclusion of the homicide trial. >> right. >> i got aggravated battery. when i came back, they said the only way i can go out of state is by level 6 inmate. i was no longer under investigation. what he does, change me from investigation to security for the murder of an inmate. that's not what i'm here for. >> okay. you're right. we'll do a special hearing.

i don't care about that guy. what i'm going to do is another special hearing. i'll do another form. instead of putting initial, i'll put special and make the connection that you weren't convicted, and that you pled down to aggravated battery. however, you will still meet the criteria for level 6. >> how long do i have to stay in lockdown for aggravated battery? four years. i seen guys come here for stabbing and stay for a year. i understand that. what i'm trying to tell you is this, the constitution officer will take relevant information from the court or district attorney. there's no mention in there. all he says is consider him to go out of state. he writes back and say he's a threat for the murder of an inmate. >> that's not why you are in level 6. >> that's why my out of state was denied.

it says right there. out of state transfer denied. inmate is a threat to security. >> okay. so, we don't need to argue about that. what i'm going to do is a special review for you, just like i said and change the wording. listen to me. listen to me. this is a committee. this is a committee. >> give me my sheet so i can appeal it. >> i haven't done it. i just finished telling you i have to type it up. >> that's not the way -- >> yes, it is. >> can i show you how it needs to be done. >> no. daniel -- listen to me, daniel. once i get all the stuff done, i will send up a hearing notice for you to sign. within 48 hours of that hearing notice, that's how it's done. >> can i show you something else? >> no, i don't need to hear anything else. >> you're supposed to bring me here. >> you're correct.

>> no. it's irrelevant. now, i'm doing it all over again. you can complain about the way i do it, later. now, i'm explaining how we'll do it. i'll bring you back -- i don't care. >> what's your policy. >> i don't care. are you going to listen? you're right. this isn't a committee. this is a meeting. no, it's not. i'm going to set you up for a committee. daniel, you need to be quiet and listen to me so you can hear what i'm saying. listen. listen. don't say another word. you are going to go to committee. before you go to committee, i have to write up the stuff, the hearing notice. you get a hearing notice. within 48 hours of the hearing notice, you'll come to committee. when that committee happens, everybody will be here. this isn't a committee. this is a meeting trying to

figure out what you are telling me at the door. >> i don't care about -- i don't care about -- >> he's too argumentative. he's not listening to me. have a good day. bye-bye. have a good day. go ahead and take him. have a good day. have a good day. bye-bye. [ bleep ] >> so, it's going to be another long process. next week, i'll have it all squared away. they can deny his out of state, if they want. based on proper information versus wrongly worded information. >> daniel may feel like he's never leaving level 6. then we talk today another whose only way out may be through death. >> i'm not afraid to die or afraid to be dead. i've made my peace with god. i've made my peace with this world. >> the gang violence is far from over. >> it could take someone's life in an instant. dad, why are you getting that? is there a prize in there?

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many level 6 inmates won't get out of the supermax facility until they are released on parole. for another group, there's only one way out. >> this is unit 4. it's where lethal injection is administered to inmates sentenced to death. since 1912 when the state of mexico became a state, we have executed 26 people. the last one and the only one we did in this area was teri clark on november 6th, 2001. there are two inmates sentenced to death in the state of new mexico. one of those inmates is housed here at level 6. >> this is my wonderful piece of heaven. 7 foot by 12 foot. >> he was sentenced to death in 2005. he's currently in the appeal process. >> we first met robert while shooting in 2005. >> let me ask you a question. is it a greater sin to steal a cracker or to kill someone?

>> to kill someone. >> god doesn't see it that way. you break one sin, you break all sins. what does it matter which sin you perpetrate. i'm not afraid to die. i'm not afraid to be dead. i've made my peace with god. i'm trying to do the best i can to live in this world with what time i have left whether it be next year or 100 years, who knows, you know? >> these two rooms are for witnesses for the execution. we keep them separate because, obviously, it's victims versus family members of the inmate. we wouldn't want them to be in the same area. also, present is the attorney general, the highest ranking legal official of the state of mexico. >> my death may be scheduled, but it's not guaranteed. you know. i believe only god knows the day i'm going to die.

if the state does put me to death, i go to my maker with a clear conscience. >> in this room, is the area where the drugs are administered. in this room, if there's a stay of execution or change of order, it would be communicated through the red phone. once the execution is completed, the body of the inmate is brought through this door here out this door into the sally port where there would be an ambulance waiting to remove the body. >> i've been in prison since 2000. i was arrested in june for murder. i was convicted of one homicide in 2002, another one in 2003. a double homicide in 2005. i have ongoing appeals and litigation concerning those. >> can you say under what circumstances this person was

murdered? >> this man beat this woman to death with a sledgehammer because he wanted to have sex with her and she didn't want to. and i didn't stop it. the same man that killed the woman i'm convicted of murdering was involved in the death of the other gentleman. he was either strangled or beaten to death, they are not sure which. it was bad enough they couldn't make a determination as to which killed him, the strangling or the beating. as far as the other two murders, both of these men were friends of mine, good friends. one man, i knew, he wasn't a man. he was a 19-year-old boy. i knew him since he was 5 years old. they were beaten and throats cut. they died violently, very violently. i think that going to certain death, you really become aware of how you live, what days you have left. do you want to party your butt

off or live the best you can for god? some days, i do that well, living for god. other days, i make mistakes, i'm only human. i'm trying to overcome the person i once was. case in point, we have a rule here about facial hair. i got in an argument with a lieutenant over shaving. i was upset about it. i didn't cuss and i didn't threaten him. that's something new. i might have gotten in an argument about what he cared about, but i didn't call him names or cuss him out or threaten to beat him down or go after him. >> have you contemplated the thought of living your life here? >> yeah. >> i live the best i can no matter where i'm at. sink, toilet, you maximize whatever space you have.

i have been a firm believer, if you're dependent upon who you are with and what's around you, to be peaceful and happy, you are not going to be peaceful and happy. you have to make wherever you're at organized and peaceful and happy. it comes from within. >> coming up, efforts to prevent another gang fight pay off. >> awesome day. we saved somebody's life. >> i think it was a year after i got incarcerated in prison that i joined. on my phone, i got internet! hotspot five dollars. hey, hey, hey, hey.

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now back to "lockup." due to mature subject matter, viewer discretion is advised. ♪ there ain't nothing you can do to me that i haven't already done to me ♪ ♪ pass forgiveness for god to be my witness ♪ ♪ i walk a thin line ♪ what's live ♪ the only light i see is crack pipes ♪ ♪ that's my only option [ bleep ]

>> they have openly declared war against each other based on the two series of events that have happened at the level 6. attempted assaults and then retaliated last weekend and carried out an assault on an inmate. er what we're doing is trying to find weapons or gather intelligence to stop a future assault. >> a couple sources i talked to basically came out and told me there's going to be retaliation. this is mainly for you guys that work at the level 6. and the guys i talked to are not going to be able to do anything about it. they are going to retaliate the snm. it's going to happen. you need to be on your toes and be ready for it.

that's what i was told today by a couple sources i talked to. the phrase they used was tick for a tack. something like that. be ready and be careful. >> a new day today. we finished on the 3-a side. today we start on the 3-b side. we strip searched them and conducted interviews and cell searches it's taking the full time. 10 to 12 hour days. it's getting kind of tough. we know with the violence that has occurred and the violence that could be forthcoming, we need to keep pushing forward ensuring we can do whatever we can to curtail another assault and find other weapons or information that we can find. >> as we were shaking down a

cell up there, myself and the other officer noticed that there was a tear inside the mattress. that prompted us to detect metal and when we did that it didn't set it off. we noticed there was a homemade soap on the mattress. we let the supervisor know. we slit these open and there they were. plastic, you cannot detect with a metal detector. with the tools that we have, it's unable to detect that. it's a very good find. my speculation, it's made from the food trays. they break the lids off. very hard plastic. it could take somebody's life. very good day, awesome day. we saved somebody's life. >> the shake downs have proven successful, but the officers have no doubts about the plans

of the inmates. >> it's still on. right now they're quiet because they're locked down. they haven't had the opportunity to battle with each other. but i'm sure it's going to come. it's just a matter of have we made the necessary security changes or precautions to try to stop that from happening. >> we know for a fact, these groups are assessing our staff members and abilities to do their job. >> they are regrouping and reorganizing and restrategizing the way they are going to carry out retaliation or continue assaulting each other. >> once we are down shaking down here a separate team of security supervisors will come through and do a security assessment to see what improvements need to be made at this facility. >> as far as your jobs go?

>> our jobs never end. >> we are pretty tired, but we're going to be making crucial decisions and try to put an end to the violence. put an end to the war. so, when will it end for us? it doesn't. >> when there's no more inmates in prison. when we retire. >> the captain and his team know full well they'll never completely remove gangs. every day new inmates arrive and many of them waste little time before choosing sides. >> about a year after i got incarcerated in prison, i joined the snm. >> shortly after joining the prison gang, he was ordered by snm to kill a fellow gang member.

>> i was 18. it was the first time i killed anybody. it wasn't to kill him in the sense that you see it on the movies how guys cavalierly kill people it wasn't like that for me. i remember planning it out. in the '80s, he was a member of another gang. you can't do that. you can't be in two clicks. you just can't. word was put out to kill the guy. i happened to be in jail when the word was put out. there was consistency, so we had the same officer coming in four or five days a week. then he'd have two days off. he would then come back on. i studied him and his mannerisms and behavior. when i got to the point i felt comfortable, i made my move. while everybody was eating, i sat down next to him on his bed and talked to him. he got up. turned on his light, which sat

across the desk on the wall to roll a cigarette. bible paper. when he turned his back to me, i stood on the bed and put the rope around his neck. he fought me and threw me around the room. surprisingly strong. i guess when you're fighting for your life, you have strength. ultimately, he couldn't get the rope off his neck. once he died, i put him back to bed like he was asleep. turned off his light. >> you got away with it? >> i got away with it. i went and picked a fight with some black guys in another pod just to do that because i knew if i created friction in the pod and all kinds of different things were happening at once, law enforcement would never know what happened. about nine years later the cold case homicide officer came and he talked to me in this visiting room right here and he asked me, and i told him. he offered me a deal. if i admitted to it, they would run the life sentence concurrent

with the life sentence that i'm in prison for right now. but, i'm in here because i was a member of the snm and now i declare i'm on my own, the state is not going to let me out to the population because they are not sure if i'm going to get hurt or they're not sure if i'm manipulating to them or lying to them. as a result, i'm stuck. good or bad. convinced he'll never reach general population in new mexico, fredrico files for an out of state transfer. >> i've done it four or five times in the last year. >> has anyone tried to recruit you into a gang? steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor.

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the penitentiary of new mexico holds the worst defenders in the state. some who are validated gang members that are in a constant state of war with each other and staff. today, they are doing a sweep in the level 5 facility allowing our crew along for the ride. >> ladies and gentlemen we are here to conduct a shake down. we have information on snm gang members. we're going to head to the unit and look for gang information and graffiti. >> sometimes when you shake down a cell, first thing you want to do is just observe everything. you look. the most common places you'll find is the easiest place you'll think of. look, gang paraphernalia here. >> what is it? >> three crosses. it's from new mexico. they use the three crosses to display gang symbols.

>> it's essential in maintaining the safety of the facility. >> i found that hanging here. once it's validated, you'll never be able to go to a level-b facility. a lot bearing on the inmates future. >> you can take that and i'll write him up for possession of gang paraphernalia. >> he'll be documented as a potential street gang member and we'll start a file on him if one hasn't already been created and wherever he goes whether it's to another facility or out on the streets, he'll be identified as a suspected gang member. >> the letters here in the cell, she found what looks like a diagram or pattern of handcuff key. the crude making, the beginning of it.

the manufacturing stages. what he's doing is -- what he'll start doing is cut out a pattern to match it to this, out of soap. once he gets a good pattern down, he'll find a piece of metal to transfer it to a piece of metal. he was on the right track. >> so, what does it mean for the inmate? >> it's a good place for us. obviously, we know his intentions now. for this inmate, nothing will happen. we'll take this from him. it's not in actual fabrication stages. if it was carved out of something, we would charge him. >> we have an address book that was found in this inmate's cell. on the inside he has gang graffiti lists here. this is a list of monikers, they go by.

they have numbers here. we go through and see if we have those listed. do we know who peanut is and bill, things like that. if we don't, we have them identified as who this person is. we can use it later on. >> this inmate, what happens to him? >> what happens to him? it's not a crime to have this information. what we'll do is take it, we let him now we confiscated it. he knows we're on to you. we're looking at you and staying on top of your correspondence. it gives him on opportunity to quell his activities. he'll contact the other guys and say they are looking at me. know what i mean. while he's doing that, we will see who he's corresponding with and who he's shooting the warning off to and we can network his group. >> let's go.

we're going to have a chitchat. >> they bring him in for a interview about his possible gang affiliation as part of the process. >> we did shake downs in your unit today. during the search we found this book here with gang writing symbolism on it. we want to ask you about it. >> what about it? >> what information is on it? >> what does it say? >> i'm asking you. >> come on, man. you're going to do what you're going to do. it says what it says. some numbers, some letters, some initials. you know, if you think they are gang, then take the necessary -- >> let me explain to you -- explain to me what the meanings are to you. >> why? they are for me, not you. or anyone else. they are for me. >> in the back pages of your phone book, you have a lot of

inmates' names and numbers. why? >> they are my homeys. >> you consider them associates? homeys being your friends? >> i know them. >> all right. has anybody tried to recruit you to be in a gang? >> no. >> do you have any tattoos that identify you as being a gang member? >> yeah, i do. street gang. >> what street gang do you belong to? where? >> we're going to do this. we're going to keep this for now. we're going to make copies of the names and inmates you have in there and put it in your file then give it back to you. >> do you have any questions? all right. >> he hasn't been validated as a prison gang member yet, but he's on his way.

back in level 6, happy is headed to the parole board. >> i just came back from rec and i'm fixing to head to the parole board. i'm nervous now. you never know what's going to happen. you don't know if they are going to deny you or let me go. but, i know that somebody up above is looking out for me because if it wasn't meant to be, i wouldn't be here now. so -- worst case scenario, my parole could be denied. best case scenario, i'll be out by 5:00. coming up, will he still be happy after his parole hearing? fredrico files for an out of state transfer. the results are less than he hoped for. ation.

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happy's parole hearing was held behind closed doors but the result was positive. in the next few hours, we'll be released from the prison where he spent the last five years of his life. >> hey, take it easy. >> don't forget, ever. the sound of the doors. he just did something that never happens. he took off all my cuffs and chains. all my chains. >> how do you feel right now? >> this is weird because i don't have the handcuffs on and i'm still rubbing my wrists.

i feel way different now. it's a process of freedom and i'm nervous because i'm not used to being like this. i don't feel normal because i'm used to having the handcuffs on me. >> here's your i.d. >> okay. >> monday morning. 8:00. you were supposed to report 24 hours from the parole. >> okay. now, i'm going to go see my mom. she's out front waiting for me. it's about being responsible now. a lot of people, what a lot of people do is they leave here not understanding the consequences. but, i'm fixing to do good. i feel really good right now.

>> look at you, no handcuffs. no shackles. finally, after six years. >> i missed you, mom. sorry. >> for what? quit saying that. oh. oh. >> i just wanted to thank you for everything you have done because without you, i probably wouldn't have made it out here. because you gave me hope. and in there, if you ain't got hope, you ain't got nothing and you ain't got nothing to live for. you do what you got to do in prison to live.

but, you gave me hope to live. i appreciate it, mom. >> here we are. back together. >> this committee that's going to be run, this is pretty much a myth that this committee will result in action. as a result, i'm stranded here at this facility even though i'm not getting conduct reports or any of those things. >> unlike happy, fredrico is never getting out of prison. as a validated gang member, the only way to leave level 6 is through an out of state transfer. >> fredrico, how are you? >> fine, yourself? >> pretty good. i reviewed your file and back in

march, 2007, you went to committee for a release or out of state transfer. >> yes. >> i don't find anything in there whether they approved you or denied you. we're going to do another review. sign here, waiving your 48 hours and sign here and initial here because you are here. i wanted to ask you, if you want to go out of state? >> yes. >> another thing, before i can submit it to central office, i need to get a medical clearance. sometimes that takes a long time for medical, i don't know why. >> my file has been released for medical five or six different times. i've done that. i signed that form five or six different times over the last year. >> really? it's not here. maybe it won't take so long and we can hurry the process up. >> great. >> this is what i wrote. custody transfer review.

we're referring you for an out-of-state transfer. justification is immediate meets criteria with an indefinite sentence. by signing it doesn't mean you agree or disagree, you are informed of the action. we are referring for you an out-of-state transfer. just a recommendation, doesn't mean they have to approve it, however, i think they will. it will take anywhere from, i'm saying anywhere from three weeks to three months to get an answer. however, then we need to find a state that will accept you. that sometimes takes a long time. we send paperwork to california, if they accept you, fine, if they deny you, we have to find another state. it could take longer to do that part. i don't see a problem with it being approved immediately. >> good. >> you can have this part fredrico.

have a good day. >> thank you. i was biting my tongue. this is a sham, this committee. this referral, she said there was another out of state referral. she didn't know if anything resulted from that. how did she not know? if the machinery of the corrections department is running smoothly, there would be a trail. obviously there wasn't which means nothing happened in the first place. that means this is a sham.