Lawyer: NM jail guard in rape case can't be fired

An attorney says a New Mexico jail guard accused in a settled federal lawsuit of raping three inmates can't be fired.

[Bluntly Spoken]

In NM it's ok to rape, drive drunk, beat up your wife etc and as long as you work for the city, county or state your job is safe.

Only in NM.

But if you are a Judge who needs crutches to walk a prostitute can have you arrested for rape!

Only in NM.

To bad this guard is not turned loose into the general population of the prison with only his skivvies on.

[dpb]

NO, not "Only in NM." This man is neither indicted nor convicted of a crime -- although the Settlement was made, there is no "admission of liability"; therefore, there is no Legal Basis to fire or remove him from his job. This is pretty standard everywhere --- No charges/no conviction = no discipline: THATS THE LAW. Or should we ignore the law (as you seem to suggest) in this case?

[Bluntly Spoken]

dpb wrote:

NO, not "Only in NM." This man is neither indicted nor convicted of a crime -- although the Settlement was made, there is no "admission of liability"; therefore, there is no Legal Basis to fire or remove him from his job. This is pretty standard everywhere --- No charges/no conviction = no discipline: THATS THE LAW. Or should we ignore the law (as you seem to suggest) in this case?

Put it this way, he is not the first nor will he be the last, there is a good underground coverup network working here in NM.

Sure other states have such things to but you know as well as others how often we read about guards raping, sneaking drugs in and all the other dirty stuff their suppose to be above doing.

Makes them no better than the felons they are supposed to be guarding.

[dpb]

Blunt, "Makes them no better than the felons they are supposed to be guarding." That's a fact. The hiring process seems to be broken. Or maybe they just need to compensate the guards enough so they don't see the need to become felons to shelter, feed and cloth their families? Either way, there is clearly a serious problem in this area.

[Bluntly Spoken]

dpb wrote:

Blunt, "Makes them no better than the felons they are supposed to be guarding." That's a fact. The hiring process seems to be broken. Or maybe they just need to compensate the guards enough so they don't see the need to become felons to shelter, feed and cloth their families? Either way, there is clearly a serious problem in this area.

Basic pay is $45,000 plus overtime, not really that bad but sure could be better.

Raise the basic pay and cut out all over time, that would allow the hiring of more guards, how many would depend on total amount of over time paid all of them.

Am I not correct that before hiring they are suppose to do a complete background check? Seems I read someplace that is not always done and why some get hired, same for Fire personal and other civil workers.

But in fairness most are hard working good people and we know there is always one rotten apple in every group.

[CornDogz]

dpb wrote:

NO, not "Only in NM." This man is neither indicted nor convicted of a crime -- although the Settlement was made, there is no "admission of liability"; therefore, there is no Legal Basis to fire or remove him from his job. This is pretty standard everywhere --- No charges/no conviction = no discipline: THATS THE LAW. Or should we ignore the law (as you seem to suggest) in this case?

The irony here is that BernCo saw fit to settle for big bucks on a case they don't bother to indict someone for. If there was enough evidence to make a settlement, one would reasonably think there is enough to charge the person with. BernCo, the keepers of the taxpayers of NMs most populous county, taking the chickenshit way out when they should have prosecuted and prosecuting when they shouldn't.

Amusing too that they have changed his job duties, or area of responsibility if you will, yet he's not guilty of anything. And the union isn't whining about putting him back where he was initially - yep, MOST amusing!!

Its not the law, its the union contract.

[CornDogz]

Bluntly Spoken wrote:

<quoted text>
Put it this way, he is not the first nor will he be the last, there is a good underground coverup network working here in NM.
Sure other states have such things to but you know as well as others how often we read about guards raping, sneaking drugs in and all the other dirty stuff their suppose to be above doing.
Makes them no better than the felons they are supposed to be guarding.

Its either a racial issue they're scared of or the guy is related to someone in the structure. Nothing else fits this scenario.

[CornDogz]

dpb wrote:

Blunt, "Makes them no better than the felons they are supposed to be guarding." That's a fact. The hiring process seems to be broken. Or maybe they just need to compensate the guards enough so they don't see the need to become felons to shelter, feed and cloth their families? Either way, there is clearly a serious problem in this area.

Bull, that's an excuse, and a mighty poor one. I know a lot of people who'd be pleased to have a job paying that, incl with those responsibilities. More compensation doesn't fit with rapists.

[Bluntly Spoken]

CornDogz wrote:

<quoted text>
Its either a racial issue they're scared of or the guy is related to someone in the structure. Nothing else fits this scenario.

True, I doubt the union has that much pull even though they did find a loophole that was by-passed.

To bad the attorneys did not do their homework first.

[dpb]

But, as previoulsy stated one bad apple doesn't mean all are -- most guards and such are perfectly fine employees -- punish those responsible and don't paint all with a broad brush. It's like saying ALL of any group is bad or not performing adequately -- some think that of the GOP/Dems.-- not fair is it?

[Bluntly Spoken]

dpb wrote:

But, as previoulsy stated one bad apple doesn't mean all are -- most guards and such are perfectly fine employees -- punish those responsible and don't paint all with a broad brush. It's like saying ALL of any group is bad or not performing adequately -- some think that of the GOP/Dems.-- not fair is it?

Hey I said that in a different way, one bad apple in every group and that most are good.

You keep taking what I said and changing the wording you better send me a check for doing that.

Same for cops and others, there are always going to be one bad one in the group but that one does not mean all are bad.

[Michael Salchicha- Weener]

Almost EVERY service organization, especially military and paramilitary like police and sheriffs departments, have a conduct clause where it states you can be fired for conduct that is inappropriate, or gives "the appearance of impropriety". If they wanted to fire this THUG they would. It's a matter of all these corrupt, law-breaking THUGS that work for New Mexico law enforcement agencies serving and protecting each other. Just like that robbery where an Alon/Fast Food Store clerk was killed. If that had been an ordinary criminal, they would have had his or her image on every telescreen in New Mexico. They haven't released anything because the killer is probably AN INFORMANT for Albuquerque PD or BCSO, or worse, he or she may be a cop in one of those two agencies. It's happened before, folks.

[Michael Salchicha- Weener]

Re: Bad Apples. WTF do you mean "one bad apple"?
Albuquerque PD is LOADED with bad apples. There are A FEW good cops surrounded by bushels and bushels of "bad apples". Don't you read the papers or listen to the news?!

[Michael Salchicha- Weener]

Bottom line is if ANY organization or business in Albuquerque had given us as many felons like murderers, drug dealers, rapists, child molesters, wife killers, step-father killers, insurance-fraudsters, etc. and a large amount of misdemeanors like drunk drivers, the Nuisance Abatement Team or Safe City Strike Force would be taking that organization to Court, bulldozing their place of business, selling it to developers and running the CEOs of that business out of town.
It's a good thing that the Nuisance Abatement Team and the Safe City Strike Force BOTH work for Albuquerque P.D., huh?

[Bluntly Spoken]

Michael Salchicha- Weener wrote:

Re: Bad Apples. WTF do you mean "one bad apple"?
Albuquerque PD is LOADED with bad apples. There are A FEW good cops surrounded by bushels and bushels of "bad apples". Don't you read the papers or listen to the news?!

Spoken like a true bad apple that got fired.

Good riddance to you too.

Got any more yapping to do do it to your buddy the prison guard.

We here are well informed about good and bad cops and just so you know not all are bad.

But you would not know that would you?