The Department of Corrections complained to the Albuquerque Tribune that nothing they seemed to do make me happy.

 Gee, let’s review my relationship with the Department of Corrections –

• Lied to me about several things to include their responsibilities, my rights, and their actions. (They could ignore the judges, I could not attend the second parole hearing, they had no control over inmate release, and so on)
• Called me a federal criminal in front of my ex wife the inmate and then put an employee of the person accusing me in charge of investigating the incident (I still have not got the report you promised me Governor!!!).
• The Department of Corrections lawyers disregarded State Supreme Court rules by incorrectly filing a motion concerning the release of records regarding Patricia and having an ex parte communication with the judge with a hearing on the matter scheduled (They did not bother to file it, they simply faxed it to the judge and then called her).
• Planned to release my ex wife on parole and into the sponsorship of an individual found guilty of threatening me as a second or third hit man.
• Another Department of Corrections lawyer hung up on me during a conference call when I pointed out that a procedure could be confidential or legal but not both.
• A couple of days before Patricia’s planned release the Department of Corrections suddenly decided that she needed help and during this ‘confidential legal proceeding’ got her into a thirty day program in the State Hospital in Las Vegas, New Mexico. 
  • It was when I asked if this was voluntary and thus she could check herself out, that the Department of Corrections Lawyer hung up on me.
  •  Patricia checked herself out sixteen days after leaving the prison in Grants. Not the thirty days they assured both the Tribune and I.
  • And I simply can not express my gratitude to the Department of Corrections in finally realizing a few days before her release that Patricia needed help. I guess the pre sentence report, the sentence, the multiple suicide attempts while imprisoned, and my impassioned pleas did reach the right person in the Department of Corrections in time to actually help her only in time for them to attempt a last minute covering of their ass.
    

      I could go on but I think the highlights send my message.

      The amazing aspect of this story is the inability of the Department of Corrections to learn from their own mistakes. I am extremely sensitive to their place in our Society and aware of the enormous burden they bear. The way to get me off their back is to simply stop acting stupid. Yes, you guessed it; another stupid action by the Department of Corrections came to light this week.

 Glen and I met with the Probation Department a couple of weeks before Patricia’s scheduled release. Mainly, I heard Ms. Knifing go on and on about how I was raising my children to hate, but we did touch some solid ground.

 First, they confirmed my suspicion that Ella Frank had misled me about expanding the proposed parole conditions to Patricia’s probation. The no contact with the children for five years, ankle bracelet, anger management classes twice a week, no computer access, etc.. 

 Parole can mandate such conditions, but probation is under the control of the sentencing judge and not the Department of Corrections. Ankle bracelets are available because of a model program in New Mexico, but they rest of this the judge would have to sign off on.

 I brought up the fact that the Bridges program Judge Murdoch ordered Patricia to complete when he sentenced her in 2005 no longer existed in 2007 and they could use this as a way of approaching Judge Murdoch about the additional steps the parole board advocated. 

 They agreed.

 Don’t get me wrong. Patricia has been in Albuquerque since May 16th and without incident. I am extremely happy about this fact, but I realize we are a long way from final peace. The Department of Corrections guaranteed me, our children, and the people of Albuquerque that Patricia would not show up at my doorstop and I am going to hold them to this promise.

 Thus, when I drove down to the courthouse this morning to get a copy of the Order of Probation I really did not have any expectations. I did not have a great deal of hope the order would provide the safeguards discussed by the Department of Corrections. I really opened my mind to any possibility.

 The Order is up on the website. Most of it seems a standard form except for the last section, “Section 16: Special Conditions”

1. DNA FEE: I will pay the DNA Fee in the amount of $100 as instructed
2. DOMESTIC VIOLENCE: I will pay a Domestic Violence Treatment Fee of $5 as directed by my Probation/Parole Officer
3. NO CONTACT: I will have no contact with Stephen Avery
4. PROB COUNSELING: I will enter, participate, and successfully complete any out-patient or inpatient alcohol/substance abuse counseling or treatment directed by the Probation Officer
5. PROB OTHER: I will participate in Mental Health treatment per my physicians at UNM Hospital and take any medications as prescribed
6. PROB OTHER: I will not consume and or possess any alcohol and or non-prescriptions drugs.
7. PROB OTHER: I will consent to the graduated sanctions of the STEPS program
8. PROB OTHER: I may have contact with my children, as authorized by the Domestic Relations Court.
9. PROB OTHER: I will enter and successfully complete Therapeutic Communities Program while incarcerated.
10. PROB OTHER: I will enter and successfully complete the Bridges Program.

Uh, look closely at number 9. The section immediately looked familiar. Here is the relevant section from Patricia’s sentencing

1. The Defendant must participate in Mental Health treatment, per her physicians at University of New Mexico Hospital and take any medications prescribed.
2. The Defendant must have no contact with Stephen Avery
3. The Defendant must pay $100 pursuant to the DNA Identification Act
4. The Defendant must pay $5 Domestic Violence fund fee.
5. The Defendant must consent to the graduated sanctions of the STEPS program
6. The Defendant may have contact with her children, as authorized by the Domestic Relations Court
7. The Defendant must enter and successfully complete Therapeutic Communities Program while incarcerated
8. The Defendant must enter and successfully complete the Bridges Program
9. The Defendant must not consume and/or possess any alcohol and/or non-prescription drugs
10. The Defendant must enter and successfully complete counseling as deemed appropriate by the Probation Authorities.

   What makes it worse is there is a deliberate attempt to edit, Patricia’s sentence directed “The Defendant must enter and successfully complete counseling as deemed appropriate by the Probation Authorities”.  The new order reads “I will enter, participate, and successfully complete any out-patient or inpatient alcohol/substance abuse counseling or treatment directed by the Probation Officer”.
  
Patricia was the grammar queen and I think she would argue that counseling is now restricted to alcohol/substance abuse.

   I remember explaining to my children that Ron Green was wrong when he talked about Patricia’s drug problems on the six o’clock news. I guess someone saw that version of the story.

   I have never been able to get any information on the STEPS program but if you read the transcript of Patricia’s sentencing you will see the discussion concerning the Therapeutic Communities program would require two years for her to complete. Ella Frank told me that the order into Therapeutic Communities was invalid after the inmate had been with the Department of Corrections thirty days, the implication being Patricia never entered or completed the program. I wonder how the new order works.

   I remember arguing with one of my brothers about investing. After listening to him criticize my investments I challenged him to tell me what he would invest in. “Rubbermaid five years ago was the response” 

   I guess the Department of Corrections has access to the same time machine my brother was talking about.

   Part of me wonders if this stupidity is really arrogance. I suggest they use the nonexistence of the Bridges program to approach the judge about realistic conditions and not only does the Department of Corrections ignore me but they get a new order ordering her into a program that does not exist.

   I doubt it.  I vote for stupidity.

   And Judge Murdoch, you break my heart. I think you should read the orders you sign a little more carefully.