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Case 1:19-cr-00830-AT Document 33 Filed 04/09/20 Page6of38 BACKGROUND A The Indictment Alleges that Mr. Thomas Conspired with Co-Defendant, Noel, and Created False Records The government’s investigation in this case began upon the discovery of the alleged suicide of Jeffrey Epstein, on August 10, 2019, at the Metropolitan Correctional Center (“MCC”). At that time, Mr. Thomas, and Co-Defendant, Noel, were on duty as correctional officers in the section of the MCC, known as the Special Housing Unit (“SHU”). The indictment (Indictment, Introduction at 1), alleges, among other things, that certain prison counts, in other words, physically counting the prisoners in the cells, were not made by | the defendants. In addition, the indictment alleges that the defendants, then, agreed and conspired to conceal the failure to conduct the prison atm by creating and signing false records, attesting that such counts had occurred. (7d.) Thus, the indictment charges the defendants with conspiracy. (Indictment, Count One at { 28.) In addition, the indictment charges the defendants with creating false records. (Indictment, Count Four at 7 15.) Defendant, Thomas, is not charged in Counts Two and Three of the indictment. B. Mr. Thomas’ Rule 16 and Brady-Giglio Requests for Production of Documents Have Been Denied On December 16, 2019, the parties agreed to a protective order as to discovery, and on that day this Court entered same (Docket # 13). On January 29, 2020, defendant, Thomas, made certain requests to the government under Rule 16 of the Federal Rules of Criminal Procedure. (See Exhibit A.) Approximately, forty-five days later, on March 14, 2020, the government responded to the requests made by defendant, Thomas with a one sentence denial of said request. The substance of the response was that the defendant should refer to the government’s responses made at the pretrial conference of November 25, 2019. (11/25/2019 - Docket Minute Entry). 2 DOJ-OGR-00022029