EFTA02731790.pdf

United States v. Tova Noel and Michael Thomas November 14, 2019 EFTA02731790 Overview of Investigation • Interviewed more than 27 MCC employees and 16 inmates at MCC • Reviewed hundreds of hours of video of the SHU from July 23- August 10, 2019 • Subpoenaed and reviewed hundreds of pages of MCC records, bank records, phone records, etc. EFTA02731791 Relevant Entities and Individuals • The MCC is a federal administrative detention facility located in Manhattan that is run by the Federal Bureau of Prisons ("BOP"). The MCC is one of several facilities used to house inmates who have been charged with federal crimes in the Southern District of New York and are awaiting trial. The MCC employs correctional officers, whose primary duty is to ensure the care, custody, and control of the inmate population of the MCC. • TOVA NOEL, the defendant, has been employed as a correctional officer at the MCC since approximately 2016. As of August 2019, NOEL's primary assignment was the SHU. On August 9, 2019, NOEL worked a regular shift from 4 p.m. to 12 a.m. in the SHU, and then worked an overtime shift from 12 a.m. to 8 a.m. on August 10, 2019, also in the SHU. The day prior, NOEL had worked a regular shift from 12 p.m. to 8 p.m. in the SHU on August 8, 2019. • MICHAEL THOMAS, the defendant, has been employed as a correctional officer at the MCC since approximately 2007. Beginning in approximately 2013, THOMAS was assigned to work as a materials handler supervisor, although THOMAS regularly worked overtime shifts as a correctional officer. THOMAS worked an overtime shift in the SHU on August 10, 2019, from 12 a.m. to 8 a.m. The day prior, THOMAS was on leave on August 8, 2019, and worked an overtime shift on August 9, 2019 from 12 a.m. to 8 a.m. in the SHU, but did not work a regular shift on August 9, 2019. • Jeffrey Epstein was incarcerated at the MCC between his arrest on July 6, 2019, and his suicide on August 10, 2019. Epstein was detained pending trial in the Southern District of New York on sex trafficking charges. EFTA02731792 Background of the MCC and Special Housing Unit (SHU) • The MCC, which houses approximately 750 inmates at any given time, assigns inmates to various housing units within the MCC. • The SHU is a housing unit within the MCC where inmates are securely separated from the general inmate population to ensure their own safety as well as the safety of staff and other inmates. The SHU is located on the ninth floor of the MCC, and access to that floor is controlled by a locked door that can be opened remotely only by an officer in the MCC's centralized control center (the "Control Center"), which is located on the first floor of the MCC. • Access into the SHU is also controlled by a second locked door to which only correctional officers assigned to the SHU have keys while on duty. • Within the SHU, inmates are assigned to six separate tiers, each of which can be accessed only via a single locked door to which the correctional officers assigned to the SHU have keys while on duty. • Each tier has eight cells, each of which can house either one or two prisoners, and each individual cell — which is made of cement and metal - is accessed only through a single locked door, to which only correctional officers assigned to the SHU have keys while on duty. EFTA02731793 The SHU EFTA02731794 Count Policies • The BOP requires correctional officers assigned to guard inmates at the MCC to conduct institution-wide counts of inmates at regular, scheduled intervals to ensure that each inmate is alive and accounted for within the MCC (the "institutional count"). • On weekdays, the MCC conducts five institutional counts at 4 p.m., 10 p.m., 12 a.m., 3 a.m., and 5 a.m. Performing an institutional count is one of the most basic and essential aspects of a correctional officer's job, and the count is one of the most basic and essential functions of daily operation of the MCC. • Two officers are required to complete the institutional count for each housing unit, including the SHU, and are further required to document their performance of the count on an official MCC form called a count slip. To complete the institutional count in the SHU, two officers must walk from tier to tier to observe and count each individual inmate. • On the count slip, both correctional officers are required to fill in the date and time the count was performed, write the total number of inmates physically present in the unit counted, and then sign the count slip. EFTA02731795 Count Policies Cont'd • Once the correctional officers have completed and signed the count slips, the count slips are then collected and delivered to the Control Center, where officers within the Control Center are responsible for comparing the count slips from each housing unit to the institution's inmate roster to ensure that each inmate is accounted for. • Only after all the count slips are collected from each housing unit, and the numbers on the slips are matched to the institution's inmate roster, can the institutional count be deemed "cleared" or completed. If a housing unit's count slip is incorrect or incomplete, then the institution cannot "clear" the count, and the count must be completely redone in that housing unit via a more-intensive version of the institutional count called a "bed book count" in which officers must compare every individual inmate to the institution's inmate roster. • Records of each institutional count, including the count slips, are provided to a supervising official and retained by the MCC. Unit: ZA Coon: --.Q Peat Name Slants: Print N. Signature rneuvpumn CCIIkr OM(SI Count Slip Ihtel E\ lig 5CINI Count slip EFTA02731796 Example of an Institutional Count EFTA02731797 30-Minute Round Policies In addition to the institutional count, the BOP requires correctional officers assigned to the SHU to complete rounds every thirty minutes ("30-minute rounds"). Like the institutional counts, correctional officers conduct 30-minute rounds to ensure that each inmate is alive and accounted for within his cell. • Correctional officers working in the SHU are required to complete a form, which is reviewed and signed by their supervisor, documenting the date and time of each 30- minute round in each tier of the SHU. MCC NEW YORK sPECIAI. ROUSING CNIT 30 MINUTE CHECK SIIEF.T ZA TIER-C DATF.: 03/09/2019 AY( rue stoat ?tic CND irawirtear Tut MUM TIM SST Tilei 1 90.ansis ZIA/ C il . I O r , n's, ' , P.. ACIP1 410. "s""u x-11 4 >.. II pl. sea 4 30 eV nil *,.i.2 .s.,...00pu Ic5S% n -- trr, I.% •«..,..1, UM tee (1 i7 :•"? ' 1 ree, le int fr-499 q.I n ,,,n, Vsv , ,.x......, id..., -.4 n sees as ha ITA4 S•S n >Ong -40 2149 nano.... kb'S gadi‘ n „pm 3 1 i net >404, I Cr Pl au 'IC JT 0 • ,rna .2 overu 4,i141/ n ,,, • n \ sa Cot0.10 Wino ! 00 in " • n i .- .140.0140%. .,i..v i II }Jar CO PIA I A inn,. •"' ' '''. 30-minute round sheet EFTA02731798 July 23, 2019 Apparent Suicide Attempt • On July 6, 2019, inmate Jeffrey Epstein was arrested and detained at the MCC on sex trafficking charges. On July 10, 2019, Epstein was assigned to the SHU due to, among other things, risk factors for suicidality and safety concerns. • On July 23, 2019, while Epstein was housed in the SHU, MCC officers responded to an emergency call, and found Epstein on the floor of his cell with a strip of bedsheet around his neck. MICHAEL THOMAS, the defendant, was one of the MCC officers who responded to the incident. • Epstein was subsequently transferred out of SHU and was placed on suicide watch. Inmates placed on suicide watch are housed in a cell on the hospital wing floor of the MCC, and are watched twenty-four hours a day by a staff member or a specially trained inmate companion. EFTA02731799 Epstein's Return to the SHU • Epstein remained on suicide watch for approximately twenty-four hours, and then was transferred to psychological observation, until July 30, 2019. Psychological observation is less restrictive than suicide watch, but inmates are still housed in the hospital wing of the MCC and watched twenty-four hours a day. • On July 30, 2019, Epstein was transferred back to the SHU, and, at the direction of the MCC's psychological staff, was required to have an assigned cellmate. Epstein was also assigned to the cell closest to the correctional officers' desk in the common area of the SHU, which was approximately fifteen feet from the cell. EFTA02731800 Epstein's Cell EFTA02731801 Events of August 9, 2019 • On August 9, 2019, Epstein's cellmate was transferred out of the MCC in a routine, pre-arranged transfer at approximately 8 a.m. Despite the MCC's psychological staff's direction that Epstein have a cellmate, no new cellmate was assigned to Epstein's cell. • TOVA NOEL, the defendant, was one of the assigned officers on duty in the SHU from 4 p.m. on August 9, 2019 to 8 a.m. on August 10. From 4 p.m. to 12 a.m., two other officers were on duty with NOEL in the SHU: one officer was assigned to work from 2 p.m. to 10 p.m. ("Officer-1"), and one officer was assigned to work from 4 p.m. to 12 a.m. ("Officer-2"). MICHAEL THOMAS, the defendant, started his shift in the SHU at 12 a.m. on August 10. From 12 a.m. until 8 a.m. on August 10, NOEL and THOMAS were the only two officers on duty in the SHU. EFTA02731802 4 PM Count August 9, 2019 • TOVA NOEL, the defendant, and Officer-1 were responsible for conducting the 4 p.m. institutional count in the SHU. As video from the MCC's internal video surveillance system makes clear, NOEL and Officer-1 did not complete the 4 p.m. count. • Nonetheless, NOEL and Officer-1 completed and signed a count slip that falsely stated that the 4 p.m. institutional count had been performed. In reliance on that falsified count slip, at approximately 5:03 p.m., the Control Center cleared the 4 p.m. count. • That evening, as confirmed by video surveillance, Epstein returned to the SHU from his attorney visit and was escorted into his cell by TOVA NOEL, the defendant, and another officer at approximately 7:49 p.m. NOEL and the other officer left the tier in which Epstein was housed immediately thereafter. Meteop•hian Carrectieasl Dealer omda Caual Sly ZA Date: CA h Cant: 1 5 Pram Name: A alitt Signs. ort: Narocr--) m0, 5 Sigasnre: Ten 0 EFTA02731803 10 pm Count • By or before 10 p.m., all inmates in the MCC were locked in their cells for the night. At or around that time, TOVA NOEL, the defendant, and Officer-2 were responsible for conducting the 10 p.m. institutional count in the SHU. • However, video from the MCC's internal video surveillance system shows that NOEL and Officer-2 did not complete the 10 p.m. count. Nonetheless, NOEL and Officer-2 completed and signed a count slip falsely stating that the 10 p.m. institutional count had been completed. In reliance on that falsified count slip, at approximately 10:36 p.m., the Control Center cleared the 10 p.m. count. • As reflected on video obtained from the MCC's internal video surveillance system, at approximately 10:30 p.m. on August 9, 2019 — after TOVA NOEL, the defendant, had signed and submitted the 10 p.m. count slip and the institutional count had been completed — NOEL briefly walked up to, and then walked back from, the door to the tier in which Epstein was housed. As confirmed by the video obtained from the MCC's internal video surveillance system, this was the last time anyone, including any correctional officer, walked up to, let alone entered, the only entrance to the tier in which Epstein was housed until approximately 6:30 a.m. on August 10. Illneepolite• Corrireiksal Cawr °Metal CametSlip Vet Dain yi•al q ca"' --4211" mi., a ram /el Let)AAO-t Costae: trim !bat EFTA02731804 12 AM Count • Officer-l's shift ended at approximately 10 p.m., and at approximately 12 a.m., MICHAEL THOMAS, the defendant, replaced Officer-2, joining TOVA NOEL, the defendant, as the only two correctional officers on duty in the SHU. • NOEL and THOMAS were responsible for conducting the 12 a.m. institutional count in the SHU. • As confirmed by video from the MCC's internal video surveillance system, NOEL and THOMAS did not complete the 12 a.m. count. Nonetheless, NOEL and THOMAS completed and signed a count slip for the 12 a.m. count that falsely stated that the institutional count had been completed. • In reliance on that falsified count slip, at approximately 12:49 a.m., the Control Center cleared the 12 a.m. count. EFTA02731805 3 AM & 5 AM Counts • TOVA NOEL and MICHAEL THOMAS, the defendants, were additionally responsible for conducting the 3 a.m. and 5 a.m. institutional counts in the SHU. As confirmed by video from the MCC's internal video surveillance system, NOEL and THOMAS did not complete either the 3 a.m. or the 5 a.m. counts. • NOEL and THOMAS nonetheless completed and signed count slips for both counts that falsely stated that they had completed the 3 a.m. and 5 a.m. institutional counts. In reliance on those falsified count slips, at approximately 3:24 a.m. and 5:30 a.m., the Control Center cleared the 3 a.m. and 5 a.m. counts, respectively. Unit: esstraiima %arena:et Cain Mikis! Covet Slip ZA Data EvtG PC Case —.fa ( p Tuna CIM Print Name 1‘./i —t‘C LISac Sitenuire: Met Noine Stream Metropolitan Correction] Center Offial Coat Slip Unit: ZA Ewe: 3'10' 2ori cent: 4L. Tine: 5 :COQ rrl Print Name: Sip aters: Print Nam: Signature: NI ?w) v Ar EFTA02731806 5 AM Count Val% 44111 160 S‘/ 2-:80 - .08/10/Q-U 0 t.) nu 28 PRIVILEGED: ATTORNEY WORK-PRODUCT, NOT FOR DISSEMINATION OUTSIDE USAO-SDNY EFTA02731807 30-Minute Rounds • Moreover, despite the requirement that officers on duty in the SHU conduct and document regular, 30-minute rounds, TOVA NOEL and MICHAEL THOMAS, the defendants, did not perform any of the required 30-minute rounds during their shift between approximately 12 a.m. and 6:30 a.m. • Nonetheless, NOEL completed and signed more than 75 separate 30-minute round entries falsely affirming that they had, in fact, conducted such rounds. dCC VEW VOItIC SPEC I M. lint -SING t*NIT 4 8 9 30 SliNt- TE CHECK MICKY ZA TIER-C DATE. IIIIII22212 —, . ,-... i v. .......— ........ ... ... .....,... - licillWE IZMItalAtilaraSIC=MCEPalra SailnaMarlair:=OrliThrtal -- 17 ,---- ETAIMININ 3:ZINSitlrEZOCEI:C tratualalasaa Orraira CIEWITialliiatioralffira lallitIMICeica=raliSfalMilli CISCIIIIi2Prip:MIE=CLII=Iral ClaliirahniaThvall=1:=EraE2MM rl riii=FAU MIMS CCIIIMialitlif ilt=ralisarla alialLOJECOariactif MUZIlaIll i="zapran raiMsoam -i-izrIPTT/IIIIII TM laMfllirlIr MT WA. allEllaiiiialIMIEM ima ' Iiiiiddafl IMAMEarn EFTA02731808 NOEL and THOMAS'S Activities Overnight • During the night, instead of completing the required counts and rounds, TOVA NOEL and MICHAEL THOMAS, the defendants, were seated at the correctional officers' desk in the SHU common area (as noted above, approximately 15 feet from Epstein's cell), using the computers, and moving around the SHU common area. For an approximately two hour period, NOEL and THOMAS sat at their desk without moving, and appeared to be asleep. NOEL used the computer periodically throughout the night, including to search the internet for furniture sales and benefit websites. THOMAS used the computer briefly around 1 a.m., 4 a.m., and 6 a.m. to search for motorcycle sales and sports news. • At approximately 4 a.m., the overnight supervisor briefly visited NOEL and THOMAS in the SHU, and conferred with NOEL and THOMAS, who were seated at and around the officers' desk, before leaving. At approximately 5:30 a.m., another correctional officer briefly walked through the SHU common area. Aside from those two officers, as confirmed by video surveillance, no one else entered the SHU, no one conducted any counts or rounds throughout the night, and no one entered the tier in which Epstein was housed. EFTA02731809 Epstein's Suicide • Shortly after 6 a.m. on August 10, 2019, MICHAEL THOMAS and TOVA NOEL, the defendants, received a delivery of breakfast carts into the SHU, after which time they were again the only officers in the SHU. • Shortly after 6:30 a.m., NOEL and THOMAS walked up to and entered the tier in which Epstein was housed to serve breakfast. • At approximately 6:33 a.m., an alarm was activated in the SHU. Epstein was alone in his cell and not responsive, with a noose around his neck. • A supervising correctional officer who had just started his shift ("Supervisor-1") responded to the alarm, and as NOEL approached the door to the SHU to open the door for Supervisor-1, NOEL told Supervisor-1 that "Epstein hung himself." Epstein was transferred to a local hospital where he was declared dead shortly thereafter. The New York City Office of the Chief Medical Examiner conducted an autopsy and determined that Epstein had committed suicide by hanging himself. • After arriving in the SHU, Supervisor-1 spoke with MICHAEL THOMAS and TOVA NOEL, the defendants. NOEL told Supervisor-1 "we did not complete the 3am nor 5 am rounds." THOMAS stated, "we messed up," and "I messed up, she's not to blame, we didn't do any rounds." EFTA02731810 - • I I EFTA02731811