EFTA00064266.pdf
Extracted Text (OCR)
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APPEARANCES:
OFFICE OF THE INSPECTOR GENERAL
BY:
BY:
WITNESS:
DIGITALLY RECORDED
SWORN STATEMENT
OF
OTHER APPEARANCES:
OIG CASE #:
NONE
2019-010614
DEPARTMENT OF JUSTICE
OFFICE OF THE INSPECTOR GENERAL
SEPTEMBER 23, 2021
RESOLUTE DOCUMENTATION SERVICES
28632 Roadside Drive, Suite 285
Agoura Hills, CA 91301
Phone: (818) 431-5800
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MR.
: This is Special Agent
1 recorded by me, Special Agent
2
Today is September 23, 2021. The time 2 Could everyone please identify themselves for
3 is 9:20 a.m., and we are beginning the
3 the record, and spell your last name? To
4 interview. My name is
. I'm a
4 start, a.ain I am DO] OIG Special Agent,
S Special Agent with the U.S. Department of
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6 Justice, Office of the Inspector General, New
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MR.
Senior Special Agent
7 York Field Office, and these are my
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.
.
8 credentials.
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: I'm correctional lieutenant,
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: I see.
9
.
.
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MR.
: This interview with the
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MR.
: Thank you. This is an
11 Federal Bureau of Prisons correctional officer 11 official DOJ/OIG investigation into the death
12 lieutenant,
. Did I say that
12 of inmate Jeffrey Epstein, and you are being
13 right?
13 asked to voluntarily provide answers to our
14
: Yes.
14 questions. Will you agree to a voluntary
15
MR.
: Is being conducted as part of 15 interview with the DOJ/OIG?
16 an official U.S. Department of Justice, Office 16
: Yes.
17 of the Inspector General, DO] investigation.
17
MR.
: Okay.
18 Today's date is September 23rd, 2021. The time 18
MR.
Thank you.
19 is 9:20 a.m. This interview is being conduced 19
MR.
: Please review DOJ/OIG form
20 at the Metropolitan Correctional Center in New
20 III-226/2. The form states, United States
21 York City. Also present is DO] Senior Special
21 Department of Justice, Office of the Inspector
22 Agent.
22 General, Warnings and Assurances to Employee
23
MR.
. And
23 Requested to Provide Information on a Voluntary
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these areliiiiiedentials. Thank you.
MR.
: This interview will be
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Basis. "You are being asked to provide
information as part of an investigation being
EFTA00064266
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1 conducted by the Office of the Inspector
2 General. This investigation is being conducted
3 pursuant to the Inspector General Act of 1978,
4 as amended. This investigation pertains to job
5 performance failure, and security failure.
6 This is a voluntary interview. Accordingly,
7 you do not have to answer questions. No
8 disciplinary action will be taken against you
9 if you choose not to answer questions. Any
10 statement you furnish may be used as evidence
11 in any future criminal proceedings, or agency
12 disciplinary proceedings, or both." The waiver
13 states, "I understand the Warnings and
14 Assurances stated above and I am willing to
15 make a statement and answer questions. No
16 promises or threats have been made to me, and
17 no pressure or coercion of any kind has been
18 used against me." Please read the form, and if
19 you understand --
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: Okay.
21
MR.
-- can you please sign where
22 it says em to ee name, signature?
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MR.
: Need a pen?
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: Thank you.
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MR.
: Move that out of the way.
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MR.
: Yeah. (Indiscernible
*00:03:03
Thank you.
MR.
:
understand
, do you
form?
: Yes. Yes, sir.
MR.
: And you are signing the form
also.
MR.
MR.
MR.
MR.
MR.
MR.
anyways.
MR.
: This is Agent
. I'm
signing on the signature of the Office of
Inspector General.
MR.
: Thank you. And I am
going to sign as the witness and put my name.
8
MR.
: Thank you. And what is your
current cell hone number?
MR.
: What is your highest level of
education?
Mm-hmm.
Thank you.
That's it. Do my name?
I'll fill out the --
Okay.
-- that part.
No problem.
Okay.
: Thank you.
Thank you.
: I can fill it out
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Thanks.
MR.
: Before starting the
interview I would like to place you under
oath.
, can you please raise
your right hand?
: Sure.
MR.
: Do you swear to tell the
truth and nothing but the truth during this
interview?
Yes. Yes, sir.
Milli Thank you. Please let me
know if you do not understand any questions,
and I will repeat it or try to rephrase it for
you.
: Okay.
MR.
: What is your current home
address?
MR.
: Thank you. What is your date
of birth?
MR.
: What Is your social security
number?
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MR
in New York?
College. Bachelors.
Which colle e?
The
And what was your -? That's
: It's upstate
New York. Yes.
MR.
: And what was your major in?
: I was in psychology, though I
believe is liberal arts.
MR.
: What did you do prior to
workirifS BOP?
: I worked for the New York
City Police Department as a school safety
agent.
MR.
: And when did you start
working for the BOP?
: When did I start?
: Start.
: May 18, 2003.
MR.
EFTA00064267
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college?
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When did you graduate
May of 2012.
MR.
: Okay.
MR.
: Thank you. Do you have any
military service?
: No, sir.
MR.
: And you said in 2003, you
started with the BOP?
: Yes.
MR.
: And when did you -? What was
the -? When did you first start?
: MDC Brooklyn.
MR.
: MDC Brooklyn?
: Yes.
MR.
: And you started as a C.O.?
: Yes.
MR.
: Okay. When did you graduate
from BOP trai
S
i
i?
MR.
: You don't remember the
answer?
MR. ..eah.
MR.
: It was probably shortly
afteriiiiiiiiiied, correct?
: Yes.
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MR. ..kay.
MR.
: Okay. And when did you
come to MCC?
2011.
MR.
since?
: I came to MCC January 31st,
Yes.
MR.
Okay. And have you been
in the SIS Shoa since then?
No.
MR.
Okay.
I went into the SIS Shop in
And have you been here
MR.
2016?
Yes.
MR.
And then, in 2019, were
you a lieutenant with the SIS Office?
Yes.
MR.
. Great.
MR. Okay.
That's the basic
background we cover to --
MR.
• Yeah, no --
MR.
-- on that.
MR.
. -- you can go into the
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questions.
MR.
: So, what we're going to talk
to you today about is Mr. -. Are you aware of
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who Jeffre E stein is?
Yes.
: And was he an inmate at the
MCC?
MR.
while he was
: Yes.
: Were you familiar with him
housed here at the MCC?
: Yeah. I would say yes.
MR.
: Okay. Let's start off.
Well, were you familiar with his first suicide
attemiiiIIIIIII
: Yes. I did the first
investigation on that one. Yes.
MR.
: Did that approximately, did
that happen approximately around July 23rd,
2019?
Yes.
MR.
: Can you tell us what
happened? Based on your investigation and what
you found.
: Based on my investigation,
once I found out about the suicide attempt when
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1 I came to work, I spoke to the staff team, as
2 well as his cellmate, to try to get both of
3 their sides of the story.
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MR.
. Was that
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: Yes. Mr.
6
MR.
Okay.
7
: I spoke to Epstein in the R&D
8 area. He was a little hesitant, at first,
9 about speaking to me. He kept asking me who
10 was I? You know, what was I interviewing him
11 for? And I explained to him my position as the
12 SIS Lieutenant, to ensure his safety needs are
13 met, and, you know, I questioned him about
14 whose the alleged suicide attempt, and he said,
15 I don't remember what happened. I remember him
16 telling me he went to get a drink of water, and
17 all he remembered is he was on the floor. And
18 the staff will come in and he wouldn't provide
19 much of anything else.
20
I did question him about Mr.
21 You know, did you guys have any words with each
22 other? You know, we were just cellmates at the
23 time. You know, when you went to get the drink
24 of water, and he would -. Either he say he was
25 laying on the floor, or sitting on the bed.
EFTA00064268
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1 You know? I asked him, you know, are you
2 telling me the truth? Is there anything that
3 you would like to volunteer? You know, did you
4 intentionally try to harm yourself? And at
5 times, like, I didn't try to harm myself. I
6 don't know what happened. I just got a drink
7 of water, and next thing you know, I was on the
8 floor.
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MR.
: Did you ask him if
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attempted to harm him?
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: Yes.
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MR.
: And what did he say to
13 that?
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: And he said no.
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MR.
: And he said
16 did not --
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Yes.
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MR.
• -- try to harm him?
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He said he did not.
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MR.
Okay.
21
MR.
Was there a noose found
22 around his neck, at that point? Do you know?
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: I think it was. I think it
24 was. At the time. It was a rope, I want to
25 say, or something to that effect. They had
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1 brought down to the SIS Shop, that they found.
2 I can't tell you that they found it around his
3 neck because I can't remember. To be honest
4 with you.
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MR.
: And how did the C.O.s become
6 aware that he had possibly tried to commit
7 suicide?
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: To my knowledge, Mr.
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is who alerted the officers, by
10 banging on the door.
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MR.
: And when the officers found
12 him, did they find a noose around his neck?
13 How diiiiiiiiiind him, do you recall?
14
: I can't recall. I know that
15 they found him on the floor. But I can't
16 recall if it was around his neck.
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MR.
: And Mr. Epstein stated that
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did not try to kill him.
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: Yes.
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MR.
: Except there was a noose.
21
: Yes.
22
MR.
: Did he mention if he made the
23 noose himself or how the noose came about?
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: No. He didn't.
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MR.
: And what was your impression
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1 after talking to him? Did you believe that he
2 tried to take his own life?
3
: I kind of had mixed feelings
4 about it because he was insistent on that he
5 didn't try to take his own life. You know?
6 Normally, a person will say, okay, this was
7 going on, and he kept saying, no, I didn't try
8 to kill myself. I didn't try to kill myself.
9 I don't know what happened. So, I mean, during
10 the investigation and conclusion, I can't say
11 that he, you know, he did or he didn't, to be
12 honest with you. From the answers that I was
13 getting back from him.
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MR.
: But he stated himself that
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didn't try to kill him?
16
: Yes.
17
MR.
: So, the only other option
18 would have possibly been that he tried to
19 commit suicide himself?
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: Right.
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MR.
: Okay.
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MR.
Or do you believe that
23 inmate
attempted to harm him?
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I don't.
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MR.
Yeah.
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: I don't.
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MR.
So, was it inconclusive?
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: It was pretty inconclusive.
4
MR.
What is your feeling of
5 what happened, though? Being a trained
6 investi ator.
7
: I don't know if it was, you
8 know, looking back, I kind of felt, like, okay,
9 was this, like, did he intentionally try to do
10 something to get our attention? You know, then
11 I leaned to, maybe he didn't. You know? You
12 have two inmates in the cell. And I'm, you
13 know, I'm also looking at did, you know, did
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is telling me the truth. You know,
15 I really can't say what happened because you
16 have, you know, Mr. Epstein saying, you know,
17 no, he didn't try to do anything to me, and I
18 asked about them interacting. Do they talk?
19 And he's, like, yes, we talk.
20
You know, we're cellmates. We talk. We
21 read books. He, you know? So, it wasn't no
22 reason for me to believe that Mr.
23 you know, tried to harm him because Epstein
24 didn't give me that impression.
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MR.
And was he placed on
EFTA00064269
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1 suicide watch as a result?
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Yes.
:
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MR.
: So then, wouldn't you
4 only be placed on suicide watch if the thought
5 was that he was attempting to self-harm?
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: If that was the thought made
7 by the ps chola
department --
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MR.
Okay.
9
-- they would definitely
10 place you on suicide watch. Even if you said
11 it out of playing, they would place you on a
12 suicide watch.
13
MR.
: So, do you know how they
14 made that determination that he would be placed
15 on suicide watch?
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: I don't know.
17
MR.
Okay.
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I don't know.
19
MR.
But it wasn't based upon
20 your investi ation?
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: No.
22
MR.
. Was it actually your
23 investigation concluded, which actually brought
24 him off of suicide watch?
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: No.
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MR.
: No?
2
: No. I wouldn't say that.
3 Normally, they do their evaluation, the
4 psychology department, and when I guess they
5 determined that the inmates could return to the
6 general population, then they will release them
7 from the suicide watch.
8
MR.
: Okay. So, the SIS
9 determination of inconclusive doesn't actually
10 play into if he's on or off of suicide watch.
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• I don't think it did.
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MR.
Okay.
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: I don't think it did.
14
MR.
• Inmate
Had he
15 been at the MCC for a long time?
16
: Yeah. He's been at the MCC
17 for quite some time.
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MR.
: Did he have any history of
19 violence with any of the inmates?
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: Not violence. He was more of
21 a cellphone carrier. I think I caught him with
22 a cellphone at a time.
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MR.
: Is --
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: You know --
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MR.
-- is that why --
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-- something to that effect.
MR.
. -- he was in the SHU?
: I think that's why he was in
SHU at that time.
MR.
: Do you recall how
got chosen to be E stein's inmate?
MR.
• Cellmate.
MR.
: Cellmate. Sorry.
: Oh.
MR.
: Sorry.
: Actually, I don't. I don't
know how they put the two of them together.
Normally, if it's, you know, if we're vetting
cellmates for, say, that they would ask me, you
know, who do you think would be more suitable,
but in Epstein's case, nobody asked me. So, I
don't know how they became cellmates.
MR.
: You don't know if any
decisions were made by the higher ups, in
regards to him?
: I don't know.
MR.
: Okay. And after this
incident happened, was
removed from
the cell? Or was inmate Epstein removed from
the cell?
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: I'm not sure which one were
removed, or if they both was placed in
different cells, with different cellmates. I'm
not sure.
MR.
MR.
actuall
: Well -.
Well, inmate Epstein was
laced on suicide watch.
: Right. But I'm not sure if
Mr.
remained in that same cell.
MR.
: Okay. But he was in the SHU
after that meeting with him?
: Yes.
MR.
: Were there any issues with
him after that incident?
: With?
: With
: Not that I'm aware of.
MR.
: Okay. And we asked about the
suicide watch. Now, being that if an inmate
was - an incident like this happened, let's
skip the fact that it was inmate Epstein --
Okay.
MR.
: -- if an inmate was found
with a noose, and there was a possibility of a
suicide, what's the normal procedure that
MR.
EFTA00064270
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1 happens? What happens to the inmate? What
2 does the MCC do with the inmate?
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: If it was an incident where
4 he was found, let's say, while I was a
5 lieutenant on, and it happened, I would remove
6 him from the cell, of course, immediately.
7 Notify psychology of what occurred. At that
8 point, I would be placing him on suicide watch,
9 with an inmate companion watching him, but I
10 would make sure, you know, we take all of his
11 clothing, everything, and he would get nothing
12 but a suicide smog. And a suicide blanket.
13
MR.
: And how long does that normal
14 suicide watch last?
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: It can vary.
16
MR.
: What's the shortest you've
17 ever seen somebody put om suicide watch?
18
: Maybe a couple of days, but I
19 can't tell you a, you know, one or two days, or
20 three. Biiiiiibe a couple of days.
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MR.
: Based on what we've found
22 out, it looks like this attempt was on the
23 23rd, and 24th morning, he was removed from
24 suicide watch and placed in psych observation.
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: Right.
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MR.
: Do you think that was too
early to remove him from suicide watch? I know
this is -. What is the difference between
psychliiiiiiiiiicide watch?
: It's the same area. Psych
ops is, they just get their clothing back. But
they are still being watched.
MR.
It's the same thing,
right?
MR.
: It's the same thing.
: Yeah.
: They're still being watched
by an inmate companion.
MR.
: Is there any other benefit to
being in suicide watch - in terms of suicide
watch versus psych observation - any benefits
to being iiiiiiiiiips?
MR.
: Yeah. You have your
clothes.
: You get your clothes.
: Your clothes.
: I mean -.
: Was it - if it was any other
inmate - would they have given back his clothes
that fast?
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' I don't know. That would be
the psychiiiiiidepartment determination.
MR.
: Okay. Did you - now, moving
forward, I think around July 30th, I believe,
that he was removed from psych observation, and
he was placed back in the SHU - do you recall
hearing why he was removed from psych
observation
: No.
MR.
-- and placed back in the
SHU?
MR.
MR.
file back to
you - when asked - you said you weren't, you
knew he was more of a cellmate carrier kind of
a guy, but do you know of any instances where
he actuall did harm another inmate?
No.
MR.
No?
No.
Great. Thank you.
: All right. Anything else on
MR.
MR.
the -?
: No.
Do you have any questions?
Yeah. Just to go back,
So, I knew
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MR.
MR.
MR.
MR.
1
Nope.
2
Okay.
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• You can go ahead.
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: Now, let's go to August 9th.
5 Were ou working on August 9th, 2019?
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: I think I was off August 9th.
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: Okay. Let me just -. Would
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Would your name be on the -?
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: On the roster?
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MR.
: On the roster.
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: Yeah. I would be on the
12 roster. I think I was off, or maybe I left
13 early August 9th. Or something. I can't
14 remember.
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MR.
: I'm going to provide you a
16 copy of Au ust 9th --
17
: Okay.
18
MR.
-- roster. MCC SHU roster.
19
: Yes.
20
MR.
: If you can take a look at it
21 and let me know if you were on schedule.
22
: No. I'm not on it.
23
: Okay.
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Okay.
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: And who --
MR.
you be -.
MR.
MR.
MR.
EFTA00064271
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MR.
: Oh, sorry.
2
MR.
: -- where would that be
3 listed? Sorry.
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MR.
: I thought you were going
5 to -. I thought we were just talking about
6 this. This next one. Did you hear anything -
7 just going back, before we talk about the
8 suicide watch, psychological observation room,
9 we'll go - did you hear anything about anyone
10 contacting the MCC and requesting that he be
11 removed from sychological observation?
12
: No.
13
MR.
: No? And you didn't hear
14 that, like, for instance, his attorneys were
15 trying to get him off of psychological
16 observation, so that they could continue with
17 their attorne /client visits?
18
: No. I didn't hear.
19
MR.
: You never heard that?
20
: No.
21
MR.
: Okay. Perfect. Now, we
22 can move to the actual -.
23
MR.
: So, I showed you the August
24 9th roster. You said you are not on there?
25
: Can I -. Actually --
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: Where -?
I would be under the SIS
Lieutenant, if you -. Under the SHU
Lieutenant. I would be under the SIS
Lieutenant.
MR.
: And there is - on that 9th,
what does it state there? It says unassigned?
: Unassigned.
MR.
: So, no one was working that
day?
: No. I was the only SIS
Lieutenant. I'm trying to think. Yeah.
Nobody was in there that day.
: Can you just circle that for
MR.
us?
Sure.
MR.
So, you were not here on
the 9th, is what you are saying?
No.
MR.
Okay.
No.
MR.
And no one was?
Not in the SIS Shop.
MR.
Oh, wow. Is that
abnormal, for being a Friday, without anyone
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being in SIS?
: Actually, the SIS Technician,
her days off is Friday and Saturday.
MR.
: Oh, wow.
: And at the time, it was only
two of usiiiiiiiiiin the whole area.
MR.
: So, there was only one
tech and lieutenant?
One tech and one lieutenant.
MR.
: Would the SIA have been
on?
: We didn't have one at the
time.
MR.
Oh, so it was literally
just the two of you?
Yes.
MR.
: Okay. So, this wasn't,
then, abnormal that, on a Friday, no one was
working?
No. I normally --
MR.
: (Indiscernible
*00:1iiiiiiiiii
-- on a Friday, I would have
been on because she would have been off. So, I
took off --
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MR.
(Indiscernible *00:19:36).
-- on Friday. I can't recall
why.
MR.
. Sure.
: But -.
MR.
: And who was the SIS tech?
: Her name is
(Phonetic
*00:19:43).
MR.
Yes.
MR.
: All right.
MR.
: But she wasn't here?
No. She wasn't here.
MR.
: And do you recall that
you actually - I know that the schedule says
that - but do you recall not being here?
Thinking that it was the day before.
Yes.
MR.
• Okay.
MR.
: Put this here just in case we
need to go back.
MR.
: Okay.
MR.
: When did you first become
aware that Epstein's cellmate, inmate
was removed as his cellmate?
EFTA00064272
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: The day of the actual
suicide.
MR.
: When you say actual suicide,
which would be --
: August 10th.
MR.
-- August 10th.
: Yes.
MR.
: Saturday, when you came in,
that's when you learned -?
: When I came in. Mm-hmm.
MR.
: Okay. Were you aware that,
when you came in, what were you aware of why
was removed from the institution?
: After speaking to him, they
told me he got released from court. That's
what I was told.
MR.
: Who told you that he was -?
: Not sure.
: Not sure. Okay.
: I can't remember.
MR.
So, your understanding was,
went to court and he just didn't come
MR.
: Right. That's what I
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: What's a normal procedure,
how do the MCC find out if an inmate is being
moved to court, or being transferred out?
: From court, you're saying?
MR.
: From court. Let's say --
: You're talking about court.
MR.
-
was
MR.
: Well, no, in this case,
did you ever hear that
actually never
went to court, he actually was transferred to
another institution?
: No. I heard he went to
court.
MR.
: So, even to this date --
And was released from court.
MR.
-- to this date, did you
ever hear that, that he never went to court?
He actually was transferred?
No. I've never heard that.
MR.
: Oh, you've never even
heard that?
No.
MR.
: Okay. Sorry. Because
that's what happened. He never went to court.
He was transferred.
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I still don't know.
MR.
: That's what
(Indiscernible *00:21:24).
: That's (Indiscernible
have --
MR.
Sure.
-- assumed that he went to
:
court, and, you know, maybe, I thought maybe he
made bail or something --
MR.
Okay.
-- and he got released from
court.
MR.
was sa in
MR.
MR.
investigation, I'll show you an email. This
email is dated -. This is from
(Phonetic Sp. *00:21:46), from the U.S. Marshal
Service.
MI.E
Okay.
: And it went to, it looks like
the em to ees at the R&D.
: Mm-hmm.
But that's what everybody
that he actually went to court.
: Yes.
Okay.
: So, based on what we - our
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MR.
: And it says, transfer of
inmates on August 8th, 2019, at 10:33 a.m.
This email was sent to them. If you take a
look at the title, the subject, it says,
"Transfer of inmates."
Yeah.
MR.
: And it says, "Transfer of
prisoners from --
: I see it.
MR.
-- to GO. (Phonetic Sp.
*00:22:10
: To GO. And inmate
is stated on this. So, he never -. It's
not that he went to court.
He actually was
transferred to GO. Do you know what the
procedure is for something like that? If an
inmate is to be transferred, how do they pull
the inmate out? How do they let the SHU know
that the inmate needs to be pulled out?
: Normally, R&D would get in
touch with the SHU officers, pretty early in
the morning, 6:00 in the morning, to get their
courts, and whoever is leaving, ready.
MR.
: Is that known as a court
list?
32
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: A court list.
MR.
: And that list comes over, and
they let the SHU officers know?
Yes.
MR.
: So, they prepare them. And
on that - if that he was leaving - what would
it state on the -? Have you ever heard the
term, WAB?
Yes.
: What does --
: Yes.
.
WAB mean to you?
: With All Belongings.
MR.
: And what is your
underiiiiiiiilif it states that?
: To me, With All Belongings
can mean anything. You know, where is he
going? To Brooklyn? Is he going home?
MR.
: But does it mean that he's
comm a back?
: To me, no.
MR.
: And your understanding is, if
it sa s WAB he's leaving for certain?
Right.
MR.
: Okay.
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Right.
MR.
: And when, as an SIS,
would you get a copy of those court production
lists
No.
MR.
-- or productions? No?
No.
MR.
Okay.
MR.
: Do you know, I mean, it's on
the top, do you ever -. Do you recall, after
this investigation started, after Epstein's
death, ever seeing that court list for that
day?
No. I've never seen it.
MR.
: If we wanted to obtain a copy
of it, do you know if there's any way we can
obtaiiiiiiiiilif that?
: I would think it should be in
the Receiiiiiiind Discharge area.
MR.
: And that's something that
they --
The R&D.
MR.
: -- if we asked, and based on
it, it said no one seems to have maintained a
copy of that. It looks like they've printed
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10 the court list.
11
MR.
. No?
12
: To be honest with you. I had
13 a lot of stuff. But I don't recall seeing the
14 court list.
15
MR.
So, in the stuff --
16
Oh.
17
MR.
-- that you did, on the
18 10th, did you involve at all, did you look into
19 it at all,
20 a cellmate?
21
: I think I did. I think I did
22 run his SENTRY_QA2trwork, once I got here. to
23 see where was IIIII. What happened with
24 I think I did run his SENTRY paperwork.
25
MR.
Okay. But you didn't -.
35
, and then they disposed of it.
: I don't know.
Okay.
MR.
Was it kept, though,
under your investigation, for when you went in
on the 10th? Do you know if that was, at all,
part of, like, anything that you would have
collected?
: Did I? I don't think I had
leaving and Epstein not having
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You didn't ever maintain, you know,
court list though?
: I didn't have the
MR.
: Okay.
I don't recall having
36
obtain that
court list.
a court
list. No.
MR.
And so, do you - if R&D
doesn't maintain it - do you know if there is
any way that we could get our hands on one of
these court lists?
: I don't know. I don't know,
in SENTRY, because I don't deal with their
functions. So, I don't even know if they were
able to - be able to go back.
MR.
: Yeah, no, they can't.
They replace it every day.
Right.
MR.
Every (Indiscernible
*00:25:14), so no one --
: See, I don't --
MR.
-- is going to maintain
in SENTRY for 24 hours. Do you have the other
email?
MR.
: Which one?
MR.
: The one that they sent
EFTA00064274
37
1 everybody else of in R&D. Saying that he was
2 being transferred.
3
MR.
: Oh, no. I don't have that
4 email. I think that's separate. I didn't
5 print that one out.
6
MR.
: Okay. And do you know,
7 are you familiar with how the U.S. Marshal
8 Service - at least back then, I don't know if
9 they still do this - but they would send out an
10 email the day before, which would be sent to,
11 like, all the lieutenants, and a number of
12 other people, for people who, the following
13 day, are going to court or being transferred.
14 Are you familiar with that email that's sent by
15 the Marshal Service?
16
: I've probably seen it.
17
MR.
: Okay. But you don't
18 reall know what I'm talking about?
19
: Oh, it --
20
MR.
: Okay.
21
• -- I would have to see it.
22 To be honest with ou.
23
MR.
: Okay.
24
MR.
: I'm going to take a step
25 back. When Epstein was brought out of psych
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38
observation, he was placed in the SHU. Do you
recall that anyone from upper management, or
even psych, mentioning that he was required to
have a cellmate?
: I didn't hear it, per se.
But normally, when they come off of suicide
watch, or a psych observation, they have to
have a cellmate. And psychology, usually
harbor on that. You know? They have to --
MR.
: Why is it --
-- have a cellmate.
MR.
-- why is it that they need a
cellmate?
: I don't want to guess, but I
would say, even though, you know, an attempt
possibly was made, you want to prevent
something ha
going forward.
MR.
: And do you recall - but you
said you're not sure - but do you recall that
there was a requirement for Epstein to have a
cellmate?
: Yes. I do recall them saying
he had to have a cellmate.
MR.
: And that was by word of
mouth?
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By word of mouth.
MR.
: Do you recall who you heard
it from?
: Let's see. I want to say III
, who is the psychologist. I want to say
said that he has to have a cellmate.
MR.
: So, she probably came down.
Do you recall if she told other people in the
SHU, in
.,
* to that?
: I don't know because I
wouldn't have been in the SHU.
MR.
: All right.
: Sorry.
MR.
: The reason I ask is, now that
we know that
is leaving the SHU, right?
And he's WAB, that, and the court list comes
down, and our understanding is, on that court
list, it states WAB
Mm-hmm.
MR.
-- and he's brought down to
R&D. And he's removed from the facility.
Whose responsibility would it have been, at
that point, to make sure that Epstein had a
cellmate?
: I would say the supervisor.
40
1 That was the SHU Lieutenant, whoever was on,
2 because he would know that he's leaving out of
3 the SHU.
4
MR.
: And this is the August 9th
5 roster agiiiiiiiiliou take -.
6
MR.
: So, SHU Lieutenant
7 was actuall off --
8
MR.
: Yeah.
9
MR.
-- on the 9th, as well.
10
: Okay.
11
MR.
So, if he is off, then
12 who would then become the next person --
13
: The next person --
14
MR.
-- moving up?
15
• -- would be the Operations
16 Lieutenant should
been notified.
17
MR. IIIIIIIIII: And who should have
18 notifiiiiiiiiiierations Lieutenant?
19
: Normally, the SHU staff would
20 say, you know, this guy left, and, you know,
21 Epstein doesn't have a bunkie.
22
MR.
And at what point --
23
So, I'm sorry --
24
MR.
• -- should the --
25
cellmate.
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MR. Eirhat's fine.
MR.
: At what point should the
SHU staff have notified the Operations
Lieutenant?
Immediately.
MR.
So, as soon as that
persoiliiiiiiii -?
: As soon as Mr.
that cell.
MR.
Okay. And is it one
person over another, within the SHU, that
should have told him? Or is it any one of
them?
No.
MR.
Or all of them?
: I would say any one.
MR.
: Was there a person referred
to as the officer in charge, in the SHU, during
that time? Like, one specific --
: Yes.
MR.
: -- person.
: They do have, yes, the SHU
came out
OIC, yes.
MR.
: I know this roster shows SHU-
1, SHU-2, SHU-3.
But --
1
: Yes.
2
MR.
: -- was there any specific
3 person, during that time period, who was
4 considered - it might not be listed as the SHU-
5 1 - but was considered to be the officer in
6 charge?
7
: Yes. It would been the SHU
8 number oniuilich would be Officer
9
MR. IIIIII:
. But what about, we
10 heard other people refer to as
as,
11 though, the officer in charge. Because he's
12 been in there the longest, at that point.
13
: Yes.
14
MR.
: Have you ever heard that?
15
: Yes.
16
MR.
: He would be the OIC?
17
: He was the OIC, probably for
18 the quartEL_Iald say, he was.
19
MR. IIIIIIIIII: And why wouldn't he be
20 listed as SHU-1, if he was the OIC for the
21 quarter?
know?
22
: He could have been on his day
23 off. I don't know.
24
MR.
No, no. He was there.
25 And we heard that --
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43
Oh, he was?
MR.
: -- he's actually was the
OIC. But he's not listed as one.
: Oh, I don't know. I didn't
even see him as the number three. I don't -.
I don't know.
MR.
listed as one
But he should have been
because he was the quarter --
: If that was his --
MR.
• -- post?
• -- if that was his post for
the quarter, he should have been listed as the
SHU number one.
MR.
Okay.
: Unless they did a switch, or
a mutual thin
or somSetl
i
to that effect.
MR.
: And
, at that point,
in 2019, had enough experience in the SHU, as
the SHU OIC from your recollection?
Yeah.
MR.
: So, the morning of, what
happened based on our investigation, is Epstein
and his cellmate,
were removed at the
same time. So Officer
came in.
: Okay.
44
1
MR.
: With the court order. He
2 knew --
3
MR.
• Court list.
4
MR.
: -- court list, and he knew
5 that
6 stuff in a little brown paper bag, and
was leaving. So, they packeil ii his
7 retrieved Epstein from his cell, also, and they
8 both were transported on the elevator down
9 to ether. Epstein to attorney conference, and
10
out.
11
: Okay.
12
MR.
: And we know, in the elevator,
13 too, there was a conversation about Epstein
14 needin a cellmate.
15
: Okay.
16
MR.
: Now, being that
17 escorted him down, and down, he was in the
18 elevator, and
was in the elevator,
1
19 knowing that
is leaving, out of them two,
20 should either of them have made a notification
21 immediate) ?
22
: Yes.
23
MR.
: Do you think they would have
24 known that it was important that they made the
25 notification?
EFTA00064276
45
46
1
: Yes.
2
MR.
: Why do you think that?
3
: If you had a conversation
4 about him needing a cellmate, that means - to
5 me - you know that it was important for him to
6 have one. And you knew that his - obviously -
7 Mr.
was leaving WAR. And Epstein needed
8 a cellmate. So, or I feel, like, right then
9 and there, the notification should have been
10 made. Even though he's in attorney conference,
11 but his cellmate is leaving, lieutenant, we
12 need a cellmate for him.
13
MR.
: Is there any reason for them
14 to believe that, even though it showed WAB,
15 that
- that for them to believe that
16
would be coming back?
17
: I would say no. If it says
18 WAB, that's what it is. I would assume that
19 he's not •con
i back.
20
MR.
: Now, if, let's say they've
21 mentioned sometimes they bring inmates down to
22 R&D, and the bus doesn't come. Or they're not
23 going to court, and sometimes they come back
24 up. How lon does that process normally take?
25
: It happens. Hmm. I've seen
1 it be a couple of hours, before the inmates
2 will come back up.
3
MR.
: So, this is, they were
4 brought down any time between 8:00 a.m. and
5 8:30 a.m.
6
: Mm-hmm.
7
!FIB
So, when you say a couple
8 hours, we're talking about anywhere between
9 10:00 and 10:30 a.m.?
10
: Yeah. I've seen inmates come
11 up later. You know, an hour and a half, you
12 know, he didn't -. He's not leaving on a bus.
13 Once they get everybody on the bus, they will
14 go back uiliiiipecial Housing.
15
MR.
: Now, if the inmate was not
16 brought back up to the SHU, let's say by even
17 11:00 a.m., right? Because if they're
18 expecting that there is a possibility that the
19 inmate might come back up, and it doesn't
20 happen by 11:00 a.m., should they have made a
21 notification?
22
: They normally would. And
23 because they - I'm going to reach and say -
24 they assumed he was leaving, because he didn't
25 come back --
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MR.
: I should clarify that --
-- come by then.
MR.
meant
notification, should EMI or anybody in the
SHU, at that point, at 11:00, notified the
superior, he , listen - supervisors - hey,
listen,
is one, and Epstein is --
MR.
: And not 11:00. Just
during their shift. At some point, if they
left their shift at 2:00 p.m. without making a
notification, should have they known by 2:00
p.m., at the very least, that he was not coming
back?
E•bsolutely.
MR.
: Okay. So, at some point,
prior to 2:00 p.m., a notification should have
been made?
Yes. Yes.
MR.
: And you mentioned that it
should have been to the SHU Lieutenant.
Lieutenant
is not there. And it should
have been the ops lieutenant. Who was the ops
lieutenant during that shift? The morning
shift.
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48
MR.
: And he should have been
notified, and what should have
done?
: He should have notified, of
course, his chain of command, which is the
captain, hey, Epstein's cellmate has left, and
he needs a cellmate. And that, also, we would
have told psychology, you know, Epstein's
cellmate left. He needs a cellmate because
somebody vetted the cellmates. So, I would
say, I guess, they would go back to that
process of seeing who was a good fit for him.
MR.
: And if - what is your
understanding - if that notification was never
made up the chain of command?
MR.
What's your question?
: Yeah.
MR.
: What is your understanding,
if they never made -? Was somebody at fault,
in terms of -. I should clarii, If that
notification never got -. If
never
told the ops lieutenant, and the ops lieutenant
never told the captain, right? When was the
next time they would have caught onto the fact
Epstein needed a cellmate?
EFTA00064277
49
1
: Again, I would say somewhere
2 between that shift, they should have made that
3 notification. If not, it would have went onto
4 the evening shift, that he still was without a
5 cellmate.
6
MR.
: And you said that the inmate
7 was vetted. So, could anyone have assigned a
8 cellmate to Epstein? Anyone in the SHU
9 assigned somebody to be Epstein's cellmate?
10
: Normally, in a case where
11 they try to get that good fit, they would talk
12 to the captain, who would have talked to
13 psychology, and they'll go through the SHU
14 roster to see who they think would be suitable
15 to put him in with.
16
MR.
: Okay. Do you have anything
17 else on that?
18
MR.
: Yes. So, when you go to
19 - you said the next shift -sowho -? So,
20 you're saying that, after
left, and
21 his shift left, then the next shift in the SHU
22 should have, then, made the same notifications
23 up the chain of command?
24
: If they're saying he didn't
25 have a cellmate.
so
1
MR.
: Okay. And then, would
2 that go on again to the morning watch?
3 Because, again, he didn't have a shift for 24
4 hours. So, every shift, should have they made
5 that notification up?
6
: I would say yes.
7
MR.
: Okay. And is it your
8 understanding that the operations lieutenant
9 actually has that same court list, that they
10 would have Headquarters, that would have shown
11 him as WAB?
12
: The court list, yeah.
13 Usually, it's in the lieutenant's office, in
14 the morniii s.
15
MR.
: Okay. So, if
says
16 that he actually knows that
left, or
17 thought he went to court, and didn't know if he
18 wasn't going to come back, if he had that court
19 list, that said WAR, should have he referenced
20 that, or looked at it?
21
: Right.
22
MR.
: Yes?
23
: Yes, sir.
24
MR.
: Okay. So, is that a kind
25 of an excuse to say, for the operations
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51
lieutenant, hey, I know
left, but I
thought he was coming back, and he - or I
didn't know if he wasn't coming back - and he
did not pass that information onto the next ops
lieutenant. Is there - what is your opinion of
that matter?
: My opinion of that is
definitely, you know, something is wrong,
because if you have the court list sitting in
front of you, it says WAB. And it means he
took all his belongings. You know, if it was
court, it would sa court.
MR.
: Okay. And do you know
how, do the operations lieutenants actually
look at that list?
I can't speak for -.
MR.
Are they supposed to?
I would say yes.
MR.
Okay.
: Because you know who's moving
from the Special Housing. And some of the
inmates that move actually are lieutenant
moves, where you have to go up and get them.
So, you're going to look at the court list to
see who is moving.
52
1
MR.
Okay. And then, as far
2 as
. Did everyone know who
was at
3 that time? Do you believ2_1b2liif._for
4 instance, someone like a MI=,
he sees
5
on the list, sees that he's WAB. Would
6 he know that's Epstein's cellmate? It says
7 he's from the SHU. He's WAR. Would he know
8 that that's Epstein's cellmate? Or do you
9 think that that notification would still need
10 to be made from the SHU, for him to be able to
11 kind
that?
12
: I can't even say he should
13 have known that that was his cellmate because
14 he's in a different area than the Special
15 Housing.
16
MR.
: Okay.
17
: So, sometimes, you wouldn't
18 know whose cell that up there, you know, up in
19 the Speciiiiiiiiiiii.
20
MR.
: Okay. But if he says,
21 now, SHU didn't tell me, that I knew because I
22 had the court list, and it says WAB, should
23 have he known, at that point, yes, I knew this
24 guy hiiiiiiiiiind he was not coming back?
25
: Yes.
EFTA00064278
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1
MR.
Okay.
2
I can agree with that.
3
MR.
• Okay. Great. What do
4 you think the -? Would that court list stay in
5 the operations, or the lieutenants office,
6 throughout the duration of the day, would the
7 next operation lieutenant that came on - which
8 I believe is
- would that person have
9 also had that court list?
10
: It normally stay in there for
11 the day. On a clipboard. It usually would be
12 on a clipboard in the lieutenant's office. So,
13 I don't -. I can't say that
, you know,
14 looked at it, but it should have been there
15 when he came on.
16
MR.
Should have he looked at
17 it?
18
: I could -.
19
MR.
• And I'm asking you this
20 as the SIS lieutenant. We don't know the
21 answer to that. So, that's why we're asking
22 you.
23
: A good lieutenant would.
24
MR.
: Right.
25
: Because you would know who is
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not in your ail.
MR.
: Right. As far as other
people that could have made this notification,
what would the unit teams' responsibility be
for if one of their people who was assigned to
SHU, left the institution? Should have they
been coordinating, or making any notifications?
: I'm not sure what role they
play when the inmates leave the Special
housing, to be honest with you.
MR.
You don't?
: Yeah. I don't know what role
they play.
MR.
Okay.
: With their inmates. That's
an issue, as far as them leaving.
MR.
: All right. So, for you,
though, you feel, like, the primary person that
would be responsible would be the person who
was actually with the inmate, who brought him
down, and knew that he was leaving?
Yes.
MR.
So, in this case,
should have made the
notifications, it falls primarily on him. Is
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that iiiiiiiiliould say?
: I would say him and whatever
other officer did the escort with him.
MR.
. Okay. Fair enough.
: Because they know the SHU
inmates.
MR.
• Right. Okay.
MR.
: What about the officers in
the SHU, at that point? Let's say there was -
how many officers that you mentioned? -
and who else were in the SHU?
: Yes.
MR.
: In the morning shift.
MR.
: Yes.
MR.
: Should they have -. Would
they have known that Epstein needed a cellmate?
: Yes. If they're working up -
yeah - I would say yes.
MR.
: And let's say, during this
shift, should they have understood - I know he
asked already - should they have understood the
fact that,
Epstein needed a cellmate --
: Yes.
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: Yes.
MR.
: Anything else on that?
MR.
And they would have
known, I'm assuming, from doing rounds?
: From doing their rounds.
And if they were --
Yes.
MR.
: -- doing rounds, they
would know there's no one in that cell?
Yes.
MR.
MR.
rounds?
MR.
Mm-hmm.
MR. Wind the counts. So, based on
:
56
MR.
: -- could they have made
notification?
Yes.
MR.
: And who came to the SHU after
that?
. Ms. Noel. And
MR.
: And during this shift, should
they have known also? Should they have made
notification?
MR.
Okay.
: So, we can go into the
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our - based on what we - in our investigation,
we understood is, the 4:00 p.m. count, on the
9th. The 10:00 p.m. count.
: Mm-hmm.
MR.
: The midnight. The 3:00 a.m.,
and the 5:00 a.m. counts were not done.
: Right.
MR.
: And if the counts were done,
as Agent
just asked, if the counts were
done at 4:00 p.m., would they have known that
was not there, and Epstein needed a
cellmate?
MR.
: Yes.
: What about at 10:00 p.m.?
: Yes.
MR.
: All right. And the reason
that we were able to determine it, is also
because of the fact that inmate
was
removed from the SHU by
. He was
actually in the SHU viiiiiiilioom, and there
was an incident where
witnessed him
possibly having contraband, so he removed him.
He called for a lieutenant, and put him into a
dry cell in R&D.
: Mm-hmm.
58
1
MR.
: Except he was not keyed out.
2 This happened around 1:45 on August 9th, after
3 -. Except he was not keyed until after
4 midnight on August 10th. So, if he was removed
5 from the SHU, and he was placed in R&D dry
6 cell, who should have -? Who had the
7 responsibility to key him out, at that point?
8 off the SHU and place him in R&D?
9
: It would have been the counts
10 and assignment to walk those in.
11
MR.
: That's a CNA?
12
: Yes.
13
MR.
: I see. Counts and
14 assignment. And how would CNA have known that
15 he got moved?
16
: Well, normally, they would
17 make a notification, I would say, when he got
18 to R&D, that, hey, we have this inmate here, in
19 the dry cell.
20
MR.
: So, R&D should have notified
21 counts and assignments?
22
: Yes.
23
MR.
: Was there any responsibility
24 for the officer who removed him from the SHU,
25 and brought him down?
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: He could have, as well.
Because you brought him down. And he's coming
off of the SHU base count.
: What is -? He's coming off
count shoul
also --
MR.
of inmates
sheets?
MR.
apologize.
pre-filling
let's just
(Indiscerni
MR.
have their
rounds duri
and they fi
they try to
: Right.
• -- so, at 4:00 p.m., the
d have been adjusted on the El, and
: Absolutely.
-- okay. Have you ever heard
pre-filling the rounds and count
: Inmates?
: Oh. Sorry. Sorry. I
Have you ever heard of the C.D.s
the rounds and count sheets? When,
say the rounds there abouts
ble *00:43:25) of their shift.
: Yes.
: Right? And they go in, they
round sheet. They expect to do the
ng the certain times, so they go in
11 it out for the whole shift. And
do it during those times that they
60
1 filled out.
2
: I've never seen it, to be
3 honest wisb_122. I've never seen that.
4
MR. IIIIII: Have you ever heard of C.D.s
5 doing that?
6
: No.
7
MR.
: Has there ever been any
8 incidents in MCC regarding C.D.s pre-filling -?
9
: Not that I know of.
10
MR.
: What about the count sheets?
11 Would they start the shift, they already know
12 what count is supposed to be there?
13
: I've seen that.
14
MR.
: And what have you seen?
15
: Well, my experience being a
16 lieutenant, and being in the control center,
17 taking the count, I have seen count slips come
18 down to the control center, and I'm monitoring
19 the camera because I'm physically watching you
20 count. So, if I have your count sheet, and I
21 haven't seen you count yet, I'm discarding it,
22 and I'm calling you on the phone. How do I
23 have your count sheet and you haven't counted
24 yet?
25
MR.
: Is that normal procedure as a
EFTA00064280
61
1 lieutenant, when you're doing the count from
2 the control room, you pay attention to the
3 monitor
watch -?
4
: I could only speak for
5 myself.
6
MR.
: So, as your practice.
7
: I do.
8
MR.
: Okay.
9
: Yes.
10
MR.
: And you watch the C.O.s to
11 make sure that they're doing the counts.
12
: Absolutely.
13
MR.
: Which C.O.s have you seen
14 that haven't done that? That haven't done the
15 counts but
their count slips in.
16
IIIIIIIIII: Pfft. I can't give you exact
17 names because I've been on all of the shifts.
18
MR.
: And what happens if, in a
19 situation like that, if you see that, that they
20 didn't do the count, but they send the slip
21 down? What do you do?
22
: I'm pulling. I'm doing a
23 verbal counseling.
24
MR.
: Verbal counseling.
25
: Yes. I'm doing a verbal
62
1 counseling. Basically, listen, don't send me
2 your count slip until you do your count. Next
3 time, I'm going to go to the next step, which
4 is discipline.
5
MR.
: And have you ever told them
6 to go back and count?
7
: Yes.
8
MR.
: And they followed it?
9
: Yes.
10
MR.
: What is a lieutenant round?
11 You understand it, you just mentioned that,
12 when you do a count --
13
MR.
: In the SHU. What is a
14 lieutenant round in the SHU?
15
MR.
yeah.
16
: In the SHU, with the
17 lieutenant rounds, you go up to SHU, as well as
18 every other area, you see if there's anything
19 abnormal going on in the SHU, you're going to
20 ask a question. You know, anything we should
21 know about, anything you got going on up there.
22 You're just making sure that the officers are
23 doing their job for the shift, the inmates are
24 getting their phone calls, if there's any
25 inmates that haven't been showered, who may
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shower. You're making sure those are done.
Normally, when you go in the SHU, you have
inmates callin
ou, once you get there.
MR.
: Right.
: Once the door open. So,
you're going on the ranges and seeing what's
going on with the inmates on the ranges.
MR.
: Now, are you supposed to
go from door to door, when your lieutenant does
a round, though? Is the lieutenant supposed to
do a round just as, like, a C.O. that's working
the SHU does a round, go to each cell, to check
and see --
To be honest --
MR.
• -- what's going on?
-- I don't think there's
nothing in policy stating that we have to go
door to door, and see each inmate, but you -
most of the time - you will go on a range, I
would assume, because you want to see what's
going on. With the inmates. Especially since
it's the
MR.
: So, this is where we get
a lot of discrepancies. So, most of the
lieutenants say absolutely, you have to go door
64
1 to door, and that's what a round is. Select
2 few of the lieutenants say, like, no, no, no,
3 no, that's not -. It's your discretion, if you
4 do that or not. So, are you kind of more of
5 that, that kind of side of it, it's their
6 discretion?
7
: I'm more of
8
MR.
-.
: Because they have to sign
9 when they - is it correct - that they have to
10 sign the round sheet --
11
: Yes.
12
MR.
-- saying they did a
13 round?
14
: So, normally, like myself, I
15 would be on the range, because the round sheets
16 are on the range. So, you have to go on the
17 range to • Ser
si r
ound sheets.
18
MR.
: But do you have - but
19 just to go on the range, I guess you don't
20 necessaril have to look in --
21
: Right.
22
MR.
: -- their window.
23 Correct?
24
: Right. But if you go on,
25 you're going to look door to door. I would
EFTA00064281
65
1 think.
2
MR.
But this time, our
3 understanding is the round sheets were actually
4 kept on the officer's desks. On the desk out -
. So, not on the range. They all did it right
6 from where the desk was. Do you know if that's
7 the case?
8
: I don't. I don't know. This
9 is the first I'm hearing of it. Because
10 normally, the 're at the end of the range.
11
MR.
: Right.
12
: On the wall. So, that's
13 going to force you, as a supervisor, to go on
14 each range because you have to go to the end of
15 the rangeliiiiiiiii
16
MR.
: Okay. Do you know if
17 there is maybe MCC didn't have this practice,
18 but do you know, as the BOP, as a lieutenant
19 round that's conducted in the SHU, and that the
20 lieutenant that actually signs the round sheet,
21 saying that they conducted the round in the
22 SHU, do you know if BOP policy says that
23 they're supposed to go from cell, door to door,
24 and that's the reason why they put these sheets
25 at the end of the ranges?
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66
: I don't recall if that's what
the polic sa s.
MR.
Okay.
: Yeah.
MR.
: And just as far as
clarification, do you know if BOP policy states
where the count sheets, or the round sheets are
supposed to be kept? Forget the fact that you
have to look at it, but does it state that it
should be either kept on the officer's desk, or
at the end of the -?
: I've never seen --
MR.
: Okay.
-- yeah. I've never seen
that polic where it should be kept that.
MR.
: Okay. That's just practice?
: Yes.
MR.
: Okay. Do you have anything
on the rounds and counts?
MR.
: No. I guess I just, do
you think if the lieutenants that did the
rounds within the SHU, on August 9th, have any
exposure to the fact that IIIII was gone, and
should have they - when they did their rounds -
should have they known that, hey, this cell is
67
1 empty,Lestein's down at attorney conference,
2 and IIIII isn't here, so there's no one in that
3 cell. Should have they been, you know, should
4 have the known -?
5
: Yes.
6
MR.
: Okay.
7
: If you knew that on the count
8 slip - I'm sorry - on the court roster that he
9 was WAR, and you see Epstein downstairs, then
10 if you're paying attention, you would just -.
11 That's something you would have asked. Hey, we
12 got a cellmate for him yet? Who he's going
13 with. That t e of thing.
14
MR.
: Okay. So, those
15 lieutenants that actually did do the rounds in
16 the SHU, on that date, then they do have some
17 fault in this, that
was never replaced?
18
: I'm going to say yes.
19
MR.
: Okay.
20
MR.
: Anything else on rounds and
21 counts? I'm movin onto cameras.
22
MR.
. Perfect.
23
MR.
: Okay. When did you learn
24 that the cameras were not working at the MCC?
25
: August 8th.
68
1
MR.
: August 8th. Okay.
2
: Yes.
3
MR.
: Can you tell us what
4 transiiiiiiiiii
5
: I actually was reviewing the
6 cameras from the SIS office, with one of the
7 associate wardens. We were looking for an
8 inmate, to see what time he was released, a
9 cadre (Phonetic Sp. *00:50:30) inmate. We were
10 looking to see what time he was released
11 because I was trying to backtrack, because I
12 was going to interview the inmate, with an OIC
13 officer, about an incident. And I learned,
14 he's gone. And I said, gone where? Oh, his
15 release date - which, he was scheduled to be
16 released - so, that made me go back to look to
17 see, well, let me see what time they released
18 him. And we were trying to pinpoint when he
19 got released, so we could get in touch with
20 that halfway house. So, we - myself and the
21 agent - was going to go to the halfway house,
22 to interview him.
23
And upon me going back to the cameras, I
24 said, wait a minute, we don't have no cameras.
25 I can't go back. So, of course, I clicked on
EFTA00064282
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several cameras, just to see if I could play it
back on the cameras, and I noticed the cameras
are down. I can't go back and rewind anything.
At that time, I called the communications shop,
and told them, I don't have no cameras up here.
You know, I can't go. I can't play it back. A
gentleman came upstairs and said, okay, I'm
going to come and check the camera system,
which he has the keys for, as well. And he did
check it out, and he said, okay, the cameras is
not working. I'm going to fix them. I'm going
to do overtime or something to that effect. To
fix the cameras. At that time, I notified the
captain.
MR.
: Oh, you notified the
captain?
E•es.
MR.
: That the cameras were
down?
: That the cameras was down.
And I wrote a memo - a memorandum - as well.
MR.
: Oh, if you have that, can
you please ive it to us?
: It's - I can't get in my home
drive - it would be on my home drive.
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MR.
to get access
70
: And when will you be able
to that?
: I'm out of work. So, I can't
access it.
MR.
: Oh, we have heard that
you were back this week. Is that not the case?
No.
MR.
: Oh.
: I'm not back this week. I
only came for the interview. I won't be back
for maybel_lils2a_iaother two to three weeks.
MR. IIIIIIIIII: When you come back in two
or three weeks, could you - I'll send you an
emailiiiiiiiiilfar as, like --
: I was going to say. If you
email me where to send it to, yes.
MR.
Fantastic.
: So, at that point, I did type
the memo that the cameras was done.
MR.
: This is on the 8th?
: On the 8th.
: Okay.
: Yes. And I assumed that the
gentleman was going to stay and fix the cameras
that day.
MR.
71
1
MR.
So, and when iii
2 gentleman " are you talking about
?y "the
3
: Yes.
4
MR.
. Okay. So, that's the
5 person who came in and checked?
6
Yes.
:
7
MR.
: Is it true that he can
8 only obtain access to the camera room, if an
9 SIS eiiiiiiiiiitually lets him in?
10
: Absolutely not. He has the
11 keys.
12
MR.
: At that time, he did?
13
: The first door, which is the
14 steel door with the Folger Adams (Phonetic Sp.
15 *00:53:21iiiiiiiiiito let him into that.
16
MR.
: That's what I mean. So,
17 he can't actually get --
18
Right.
19
MR.
-- in to the SIS --
20
Unless I --
21
MR.
-- area
22
-- let him into that part.
23
MR.
Correct.
24
Right.
25
MR.
So, he had told you, on
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72
the 8th, he was actually going to stay and fix
it?
And do overtime to fix it.
MR.
. Okay.
: Because I let him into the
office, so he can go see what I was telling
him, the cameras is down. I can't play back.
MR.
: Okay. And do you know if
that's the first time it was noticed, that
those cameras were down?
: I can't say that that was the
first time that was noticed.
MR.
: Because our investigation
shows that, as early as 7/29/2019, those
cameras stopped recording. So, there is about
half of the cameras in the institution that
were recording, and half that weren't. They
were all live monitoring.
Yes.
MR.
: But did you find anything
about that, or do you know anything about that?
: No. No. It's not until I
was actually in the phone room, with the
agents, going through the cameras, that we
realized that they stopped recording.
EFTA00064283
73
1
MR.
Oh, so, you knew this on
2 the 10th or something, you --
3
: Yeah.
4
MR.
-- realized this --
5
Yeah. It was --
6
MR.
. -- after the
7 investi ation?
8
Mm-hmm.
9
MR.
So, you had heard, later,
10 that at 7
11
Right.
12
MR.
-- is when -? Okay.
13
Mm-hmm.
14
MR.
: So, you know that now, is
15 what ou mean by --
16
Yes.
17
MR.
-- between 7/29 and
18 August 8th --
19
20
21
22
23
24
25
MR.
MR.
MR.
The 10th.
• -- you never -?
No.
Okay.
No.
So, the 8th was the first
time you found out?
74
1
W.Yes.
2
MR.
: Do you remember if, prior
3 to the 8th, you ever were on the camera system,
4 trying to rewind and watch? Because I would
5 think that's something you do kind of
6 regularl .
7
: I can't remember if it was
8 myself, or the SIS tech IIII, to be honest with
9 you, because normally, if it's an incident and
10 I need some video footage, I'll ask her to pull
11 the footage for me. You know? So, I can see
12 it. So, I can't recall if we had an incident
13 where we iiiiiiiiii any camera footage.
14
MR.
: Okay. So, you don't
15 remember if there was footage before that.
16
WENo.
17
MR.
: Was there a tech III, or
18 IIII, or something like that?
19
: Phone monitor.
20
MR.
. He was on --
21
: Yeah. III was the phone
22 monitor, which is a regular correctional
23 officers.
24
MR.
Oh, so, he's not an SIS
25 tech?
75
1
: No. Hmm-mm.
2
MR.
: All right. But would he
3 work in the SIS room?
4
: In the phone room.
5
MR.
Okay.
6
He would be assigned, for the
7 quarter, to the hone room.
8
MR.
. That's in the SIS office?
9
: It's not in my office, but
10 it's a part of SIS. The phone room. It's kind
11 of, like, next door to SIS.
12
MR.
: Is that the room where
13 the camera servers are located?
14
Yes.
15
:
: Okay. So, does he also
MR.
16 need someone from SIS to let him in, to be able
17 to do hone monitors?
18
: No.
19
MR.
: How does he get in and
20 out?
21
: He has the phone monitor
22 keys, half the keyring for him to get into the
23 door.
24
MR.
: To get into
25
--
: I'm sorry. The key.
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76
MR.
• -- the primary SIS area?
Yes.
MR.
: Okay. So, do you know if
he waiiiiiiiiiion the 9th?
: I don't know if he was
working because he hadn't been in the phone
room for some --
MR.
Would he be listed on the
: -- let me look. Because they
were actually pulling him every day, re-
assigning him to different posts. So, he is
working, but they re-assigned him to another
post.
MR.
: Okay. So, he wasn't - on
the 9th - he wasn't actually working?
: If you see three Sally,
you'll see him there.
MR.
: And would that be because
there was no SIS tech or lieutenant to allow
him into that room?
: No. It would be because they
were short-staffed.
MR.
Okay.
: And they just re-assigned him
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to anotheiliiiiiiii
MR.
: Okay. So, if
says
that he wasn't able to fix the cameras on the
8th because he didn't have the proper
equipment, and then he couldn't gain access on
the 9th. Does that make sense? He wasn't able
to get in on the 9th because neither you or the
tech were here.
: He would be able to get in
because my keys don't go home with me. He
would have just had to ask the captain for
access to the SIS keys, and he would have been
able to go into the office.
MR.
: And like you said, the
captain actually knew that the cameras were
down?
ME•es.
: And you are positive of
MR.
that?
I'm positive.
MR.
: Did you have a verbal
conversation with him about it?
: I had a verbal conversation.
MR.
And can you recall what
that conversation entailed?
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79
1 about a need to get them back up?
2
: I don't know if they had a
3 separate conversation, but when I called Mr.
4
over to radio, Ms. IIII was still
S standing there with me in the office. And she
6 was there with me when he came up to check,
7 because we thought it was something that maybe
8 he can just go in, and it allow us to go to the
9 camera, and look for what we were looking for.
10
MR.
: And when he mentioned the
11 whole I'll stay overtime, was she there when -
12 was
there - when he mentioned that he
13 wouldiiiiiiiiliork overtime?
14
: I can't remember because I
15 know he had to get in touch with his boss
16 first.
17
MR.
Oh, okay. So --
18
: Mm-hmm.
19
MR.
• -- so,
told us
20 that he was approved to work overtime on
21 Saturday, to come in on Saturday and work. Do
22 you know who he would have contacted, in order
23 to geiliiiiiiiiroval to work overtime?
24
: I don't know. I would assume
25 his boss, which was Mr.
(Phonetic Sp.
78
: I remember stepping to his
office, which was right next door to mine, and
notifying him that the cameras was down, that
I'm trying to go back and look at the footage,
and I can't. Actually, I had one of the
associate wardens with me, as well. Who
happens to be his supervisor, so.
MR.
Who was that?
Associate Warden IIII.
MR.
:
was there?
Yes.
MR.
• Okay.
: It was me and her together,
looking at the cameras.
MR.
Okay. Sound it wasn't
it was actually
: No. It was me and AW
And that was with Captain
Yes.
MR.
: Okay. So then, the two
of them knew that the cameras were down?
: Yes.
MR.
All right. And dos
know if they had any conversations with
80
1 *00:58:47).
2
MR.
Now
is out, and he
3 has acting in his life
Phonetic
4 Sp. *00:58:53), and
and
5 both say, he didn't talk to me about working
6 overtime. Is there anyone else that he would
7 have been -? Well, because you said that he
8 told ou he was going to work overtime.
9
: Yes.
10
MR.
: Would you be an approving
11 official for that?
12
No.
13
MR.
: Would
be an
14 approvin official, though?
15
: I'm not sure if she was over
16 facilities, that department. So, I'm - no -
17 I'm not sure.
18
MR.
: Okay. So, how did he
19 know he would be able to work overtime to fix
20 it?
21
I don't know.
22
MR.
You don't know? He just
23 said I'll work overtime.
24
: Yes.
25
MR.
Okay. So, I'm assuming
EFTA00064285
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this was some time prior to 2:00 p.m. on the
8th, that you learned of this incident, since
his siiiiiiiiiially ends at 2:00 p.m.?
: Yeah. It was a little after
1:00 p.m.
MR.
Okay. And that was the
8th. But again, on the 8th was the first that
you found out the cameras --
Yes.
MR.
: -- were down? Do you
know if there is anyway anyone could have
tampered with that system, to intentionally
take the cameras offline?
: I don't know. I don't know
because nobody normally goes into - with the
service bar - besides him. Or there's one more
communication tech,
MR.
Was he there, though, at
the time?
No.
MR.
So --
No.
MR.
-- it was just - at the
time - it was only
. Correct?
: Yes. It was just
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82
MR.
So, who would have had
access to that server rom? Now, in the MCC as
a whole, who could have had access to that
server room, and would potentially taken it
offline?
: I don't know who would
intentionally take it off, but I can tell you
the access would have been us, from the SIS
shop. Hmm. The comm shop, which is Mr.
and
. And I'm not sure if their key -
if that ke is on in the other key ring.
MR.
: So, is it really only the
two of you, then, with SIS, then also tt!_phone
monitor individual
Is it III or M?
MR.
Is that
MR.
: Just
: I don't think Mr. III had the
key on his ring because, if I needed to go, my
ink cartridges for my printer and stuff was in
22 there, as well. So, I would always lock the
23 door back, because we don't allow an officer to
24 just walk where the server is at.
25
MR.
Okay.
84
1 the time, though?
2
: Okay.
3
MR.
Is that right?
4
I --
5
MR.
Oh, you don't know?
6
-- I really don't know.
7
MR.
Oh, okay. No. That's
8 why I was asking you.
9
: Yeah.
10
MR.
My understanding --
11
don't know.
12
MR.
-- was that
was
13 the onl tech at the time.
14
: Okay. I don't know if
15 was in the building, but I know
16 dealt with at the time.
17
MR.
: Okay. And then,
18 would have?
19
: I think it may be on Mr.
20
key because he's the facilities manager.
21 But again, I'm not sure what keys they have.
22
MR.
What about the captain?
23
don't know.
24
MR.
Now, when you --
25
: I don't know what's on his
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83
MMilo
MR.
: So, the server, actually,
was in a locked door?
Yes.
MR.
: So, really, III didn't
have access to it?
: Right.
MR.
But the tech would have?
Yes.
MR.
: Okay.
Yes. She would.
MR.
: So, yourself, the tech,
and
MR.
three oeo
-- were really the only
MR.
: Well,
wasn't here
at the time, though. Correct?
: Probably Mr.
I think
it's on his ke ring.
MR.
But - but just to clear
that u
was not --
: Okay.
MR.
wasn't here at
is who I
EFTA00064286
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1 keyrings.
2
MR.
-- now, you say you don't
3 ever leave the institution with these keys, did
4 you give them to the captain, or where are the
5 keys?
6
: No. They're located in the
7 control center behind a locked box.
8
MR.
: Okay.
9
: So, I have to give them the
10 key to open my locked box in order for me to
11 retrieve Ills.
12
MR.
: Okay. And then, does
13 anybody else have that key, to open your locked
14 box, to et those keys?
15
: No.
16
MR.
: What are -? You said the
17 captain does, though? I thought you said he
18 could have one to the captain to get the keys.
19
MR.
: He can't get into my
20 locked box. He has his own locked box.
21
MR.
: So, how would -. I think
22 you -. I though you said that the captain
23 could have allowed
to get in -?
24
: He would have had them
25 allowed to break the glass, and get my key out.
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86
MR.
They would have had to --
If it was another --
MR.
-- actually break it?
-- they would have to
actually break the keys. Myself, the SIS tech,
all of our keys are in a locked box. So, if
it's an emergency, you would have to break the
glass to retrieve our keys.
MR.
: And in this case, you
believe that would be an emergency, that they
were to break the glass to fix the cameras on
the 9th?
: Normally, yes.
MR.
So, you think that that
would have been appropriate action, to break
it?
Yes.
MR.
: Okay. And
captain does not actually have a
into the SIS office, though?
No.
MR.
Does anyone else?
or -?
: No. I think it's only on the
SIS staff, the phone monitor, the SIA, which we
then, the
key to get
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87
didn't have one at the time.
that
MR.
: Okay. But you're certain
and
, on the 8th, were aware
that there was a camera issue, and not
recording?
MR.
notified
warden.
MR.
Yes.
Do you know if they
the warden?
: I don't recall.
• Okay.
: Because I notified the
And he seemed a little --
Notified the warden when?
-- on the 10th.
MR.
. Okay.
: On the 10th. Once I came in,
once the incident happened. And me and him was
having a conversation, and he was saying, and
there's no cameras working, and I said, what do
ou mean there's no cameras working? I said,
was supposed to fix the cameras on the
8th, and, you know, he was surprised, like,
what are you talking about? And I said, the
cameras went down on the 8th. Warden and I
notified
that the cameras was down. And
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88
I said, I wrote a memo.
MR.
: And what happened with
your memo? Who gets that memo?
My memo, I usually give it to
the captain.
MR.
Okay. And do you know,
in this case did you give it to the captain?
: I did give it to him. I
might have emailed it, as well, to the -. I
would have to look at my email. I might have
emailed it as well.
MR.
And would have you -?
And I might have emailed it
to
I can't remember --
MR.
Can you --
-- exactly who I sent it to.
MR.
• -- you know, when you
come in, can you check your sent box, and see
if on the - you would have done this on the
8th, thot
sS i?
: It would have been on the
8th.
MR.
: Okay.
: Yes,
MR.
: So, you would have - it
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89
sounds, like, potentially - hand-delivered to
him?
MR.
: And emailed, or both? Or
I mean, one or the other?
: Normally, because he's next
door, I would hand deliver him stuff.
MR.
: Okay.
: To be honest. And sometime,
I would email it to him if his door is closed,
and I don't see him. Or don't know if I'm
going to see him before I leave.
MR.
: Okay. But you are
positive, on the 8th, you gave him that memo,
one way or the other?
: Yeah. I'm almost - though,
I'm not going to say 100 percent sure - but I
know I verbally told him that the cameras was
down.
MR.
: Are you 100 percent sure
that there was a memo, though?
Yes.
MR.
: But you may - when you
say you're not 100 percent sure - when else
would have you potentially done that memo?
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90
: No. I did the memo on the
8th.
MR.
Oh. So, that's where,
when you say ou're not 100 percent sure --
If I --
MR.
• -- right, you're not --
-- emailed it to him, I'm
saying to
MR.
: -- but you're 100 percent
sure iro .ovided it to him?
: Yes. And I notified him,
word of mouth that the cameras was down.
MR. IIIIIIIIII: Okay, and that - sorry -
that's where I just want to make sure I'm
clearing that up. So, you know for a fact you
gave him that memo. You just don't know if you
gave it to him, either by hand --
Or email.
MR. S:
-- or email.
Yes.
MR.
• Okay.
Yes.
MR.
: But it's definitely, he
got it?
: Yes.
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91
MR.
Perfect. Okay. But
regardless, both
and
knew --
That the cameras --
MR.
-- verbally, and
knew s ecifically, because she was --
Because she was with me.
• -- involved.
: Right. She was with me.
MR.
Yes.
MR.
involved
Okay. And was she
at all, with those discussions with
: I can't remember if she
stayed with me. I think she walked away.
MR.
Okay.
: Because we couldn't get what
we needed, as far as footage.
MR.
Were they both under the
impression that
was actually working on
the camera system?
Hmm.
MR.
: Like, did they ask, well,
are you going to take care of this, or anything
like that?
: No. I don't remember them
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92
speaking to
I just know --
MR.
: No. When ou verbally
spoke with
, though, and
about the
situation, did you say, I notified
, he
said he'll take care of it, or anything like
that?
Yes. Yes.
MR.
: Okay. So, you did tell
them that
that he would be fixing it.
IIIIIIIIII: Yeah. Well, she was on the
phone -. She was standing next to me when I
was on the hone talking to Mr.
MR.
. Okay.
Mm-hmm.
MR.
: What about the captain,
though? Did he know?
No. He wasn't near me.
MR.
: Did he ask, like, is
to fix it, or anything like that?
: No. He didn't --
MR.
: Did he say anything?
Well, what
-- he didn't ask.
MR.
-- what was his response
to you telling him that the cameras were down?
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: He asked me, did I notify
them, and I said
es.
MR.
: That was my question.
I'm sorr
MR.
MR.
Okay.
So --
I apologize.
-- so, he did know that
: Yes.
MR.
was notified?
Yes.
MR.
Okay. Go ahead.
MR.
: Was the captain surprised the
cameras were down?
: I don't know if he was
surprised because it's not, like, it's not
normal. Sometimes, they do go down. You know?
It's our job to notify who we need to notify to
bring them back up. But -.
MR.
: Do you recall his reaction?
Like, did he state,gt
yeah, it must be fixed
today? Make sure
takes care of it.
What was his exact reaction to that
notification?
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: I can't recall.
MR.
: Okay.
I can't recall.
MR.
And did
ever come
back and tell you that he couldn't fix it that
day, on the 8th?
: No. He told me that on the
10th.
MR.
the 10th?
: Once I walked into the
Special Housing area on the 10th, he was there.
I don't know if he was working that day. But
he was there, and when the door opened, you
know, my response was, well, what happened to
the cameras? And he said, oh, that's what I'm
here for today. Which was two days later. I'm
here today to fix it. But I guess they pulled
him, and put him on the post, or something to
that effect. And I said, but you told me you
was going to fix them on the 8th. And he was,
like, I couldn't fix them on the 8th. I can't
remember why he said he couldn't. But I think
he responded to me before I could even ask the
question, once he saw me because I was a little
What did he tell you on
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25 him. I just opened the door so he could get
95
taken back that the cameras were down. Because
I assumed they was going to be fixed on the
8th.
MR.
Okay.
MR. ran
I ask you, when you guys
:
were - you and AW
- were reviewing
footage, aniiiiiirealized it wasn't working,
you called
. What was
reaction
to fiiiiiiiiiiithe cameras were not working?
: He said he was going to come
down and take a look at it.
MR.
: Did he mention it was an
ongoing - it was already an issue, he was aware
of it, or was that the first he was hearing
about it? Do you recall?
: No. He didn't --
MR.
: No?
-- he didn't say. He just
said, okay, I'm going to come take a look at
it.
MR.
: And then, he came down, both
of you guys were in the room, and he tried to -
?
: No. I wasn't in there with
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96
in. And he went in, and he came back, and he
said, yeah, they're not recording, and he made
a phone call, or he walked away one, and he
said, I'm going to stay and do overtime,
tonight.
MR.
And he did specifically
say "tonight„?
MR.
MR.
overtime,
MR.
MR.
MR.
didn't. But --
MR.
Okay.
Okay.
MR.
: -- as far as, if both you
and the other SIS tech left, would he have been
able to still stay in, on the 8th, in the
camera room to be able to work on it?
: Yes.
MR.
Okay.
: Yes. Because it's been times
: Yes.
Okay.
: And if he did stay, stay
that would be on his webTA?
• Well --
It should be.
It should be.
• -- well, no, we know he
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97
that he needed to do work, and I needed to go
home. And the captain would say, okay, well,
leave your keys with me, you know, so he could
have access.
MR.
MR.
day, did you
to sa , like
I sure didn't.
MR.
-- hey. You did not?
: I didn't.
MR.
Okay. And do you know
what he did after you told him I'm going to
take care of? Do you know what he did?
E.4o.
MR.
: No. Did he stay in the
room, thou
he -?
: No. He left out the room.
He left out the room.
MR.
: All right. And then, did
you leave before the other tech, on the 8th?
: I would have left probably
after her, because she leaves at 2:00.
MR.
Uh-huh. What time?
• Okay.
: To the room.
• So, when you left that
check back in with
at all,
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98
I can't remember what
happened that da
MR.
And what -?
Normally, I'm there between
2:00 -. More closer to 3:00, I'm leaving. So.
MR.
: Okay. So, if you both
left, though, at 2:00 or 3:00, and he said he
was coming back that day to fix it, how would
have he done that?
: Because I would have spoken
to the captain and said, hey,
needs to
get in the com room.
MR.
Do you remember, did that
conversation occur?
I honestly don't remember.
MR.
Okay. You don't
remember.
: No.
MR.
Okay.
MR.
: Nice Vision has that
administrative feature. Nice Vision is the
camera --
: Mm-hmm.
MR.
-- system, right? That
administrative feature is called Supervision.
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99
Do you recall that?
: Hmm.
: Well -.
There was a couple
MR.
MR.
different
MR.
Name
MR.
• -- names, for different
applications, but there is one application
called Supervision, and that you might be able
to log into Supervision and see if the recorder
errors are actually recording. Do you know if
you got access to that?
: No. I have - mine is SIS
lieutenant access so.
MR.
: Right.
MR.
: Who had administrative access
to the camera system?
Meaning that Supervision?
MR.
: Supervision. Who could go
in, control the cameras, or take cameras
offline? And mess with the cameras.
: I don't know. I would say
computer services have access, and probably, I
would say, facilities managers should have
Supervision access.
100
1
MR.
: But not the SIS Shop?
2
: No.
3
MR.
: Okay.
4
MR.
So --
5
No.
6
MR.
• --
and
is
7 basicall who ou're saying?
8
: I don't know. I don't even
9 know if
would have Supervision access
10 because -. I don't know. I would think, if
11 you say Si.", it would be upper --
12
MR.
: Yeah. Supervision
13 doesn't mean super -. It's not a title for,
14 like, somebody in the -. It's a title for the
15 app. So, like, there's an app that says, like,
16 you know, these people are granted access to be
17 able to review and rewind, but then there's
18 another a
--
19
: Oh.
20
MR.
: -- that allows you to
21 actually check to see if things are running
22 properly, and recording, an it's just called
23 Supervision.
24
: Oh, okay.
25
MR.
That doesn't mean --
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101
Then that would be --
MR.
: -- that you're a
supervisor.
: -- that would be - I would
say - that would be
, because that's his
area, the cameras.
MR.
Okay. And do you know if
anybody else would have the ability to do
things like that, to take, you know, recorders
on or offline, or to at least check their
status with the camera system?
: I don't know. If it is, it
would be facilities shop.
MR.
So, but primarily,
would be the erson?
: Mm-hmm.
MR.
Okay.
Yes.
MR.
• Not you, though?
No.
MR.
: And in no way, while you
were -. Although, the only thing that would be
able to tip you off, if things weren't
recording, is if you started trying to rewind,
and it wasn't rewinding.
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: If I tried to rewind, it
wouldn't rewind. Or if they were red. It
would have, like, a red X on a camera. I know
that it's a problem, even if it's not working
at all. Or something is wrong with it.
MR.
: Did that - on the 8th,
when ou were looking - were there any red X's?
: I don't recall if -. Because
it's a lot of cameras, and they're in different
places. So, I don't recall there being a red
X.
MR.
: But just to --
On any of them.
MR.
: -- circle back. What
tipped you off was with you and
trying to
go back and review?
Yes.
MR.
And that's where you said
MR.
: Yes.
• -- why can't I do it?
Mm-hmm.
MR.
• Gotcha.
MR.
: And prior to that day, you
don't recall when the last time you guys tried
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to review it was, right?
: No. I don't recall.
MR.
: Okay. So, but it had been a
little bit. It had been a little while?
: Yes.
MR.
: Okay. Anything else on the
cameras?
MR.
. I think that's all.
MR.
Okay.
MR.
: That's great information,
that we didn't know that before. I didn't know
that that's how we found out that the cameras
were offline --
Mm-hmm.
MR.
: -- was basically your
review. How often should
have been
going in to check those servers to make sure
that the.
were online?
.
Daily.
MR.
: So then, would you know
if he was?
: I can't say he was checking
daily. I know that he was up there quite
often. But I can't even say that he was
checking the cameras because, one I let him in,
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to do whatever he's doing with the servers, you
know, I wasn't standing there, you know, saying
what are ou doin
or, so --
MR.
And I know we're talk --
-- but daily, they should
have checked.
MR.
-- I know we're talking a
long time ago now, but do you remember, prior
to the 8th, if he was in -? Because again, I
think the information that we have suggests
that the camera servers went down on the actual
July 29th
Hmm.
MR.
: -- of 2019. So, there
is, like,
a - more than a --
Week.
MR.
: -- week --
Yeah. Yeah.
MR.
: -- do you know if he was
actually going in, at that time, for that week
period, checking in on the servers at all, at
this -?
: I know he entered the area.
But I don't know if he checked the servers
while he were back there. But I know he was
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entering the area.
MR.
. Okay.
MR.
: What else is in that area?
: lust the servers in there.
And ink cartrid es. At the top.
MR.
: And that's on the third
floor?
: It's on the third floor.
MR.
Okay.
MR.
: And then, nothing else is
stored. Is there evidence stored in there?
No.
MR.
: For some reason, we were
under the impression that SIS stored evidence
there.
: There's no evidence in there.
It's some old file cabinets from, maybe before
I was born.
MR.
: And I think
said
that there was maybe, it's like a hallway, and
there's, like, some evidence, some old
evidence, or evidence there.
: Not where the servers are.
But it's some file cabinets, where the servers
are. And I think that's maybe some archive SIS
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: Okay.
Okay.
-- a long time ago.
So, next topic?
Mm-hmm.
: Okay. So, what was your
understanding about why Epstein was not in his
assigned cell? Were you aware that he was -
when they found him - and he was not in the
cell that he was assigned to in the system?
: No. I learned that later on,
that --
MR.
: What did you learn?
-- that he was keyed to one
cell, but he was actually living in another
cell. So, I don't know where they changed his
cell at.
MR.
: And is this because the cell
rotations that happen in the SHU?
Right.
MR.
And who would have been
responsible to make sure that this, once the
cell rotaiiiiiiiiiined
MR.
: That's not the reason.
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So, let's not go down that path. So, did you
learn how that happened? How he was keyed into
one, and not in another?
No.
MR.
: No? Okay. Did you hear
-? Does this refresh your memory at all, like,
he was initially placed into one cell, when he
came back from suicide watch, around July 30th,
but then, the CPAP (Phonetic Sp. *01:16:21)
machine didn't actually reach into there, so
they had to switch him to another?
No.
MR.
: No? So, you never heard
anything about that?
No.
MR.
• Okay. Go ahead.
MR.
So -.
MR.
: Who would have been
responsible for making those changes in the
system, to make sure that he's in the actual
cell where he's supposed to be there?
: Normally, the SHU OIC make
the changes.
MR.
So, it wouldn't be the
lieutenant? It would be the OIC?
108
1
: Yeah. It would be the OIC.
2
MR.
: Okay. And so, would that
3 be -? Is there an OIC for each shift, or is
4 there one overall OIC?
5
: There is one for each shift.
6
MR.
: Okay. So, on that note,
7 is it more for, like, the morning watch, the
8 day watch, or the evening watch that would be
9 responsible for that change?
10
: No. Whatever shift he was
11 moved on, that OIC should have made the change.
12
MR.
: Okay. Okay. And at this
13 point, if the change wasn't made, is there a
14 way for us to know when that occurred? When
15 they actually moved him from one cell to
16 another cell?
17
: No. The only way you would
18 know is to rely on the cameras to, you know,
19 rewind and see.
20
MR.
. To see, you know --
21
Mm-hmm.
22
MR.
: -- when that actually
23 happened. But the cameras weren't actually
24 working
25
: Right.
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109
MR.
-- from 7/29, and this
happened on 7/30. There's no way, at this
point?
No.
MR.
Okay.
No.
MR.
Co ahead.
MR.
Next level?
MR.
Sure.
MR.
: Cell searches. How often are
they supposed to do cell searches in the SHU?
You're taking me back-back.
MR.
: Yeah.
: There is - I want to say they
have to do a set amount. I don't know if it's
three or five. It was five when I was an
officer. Per shift. They should be random
cell searches.
MR.
: Is it of the general area, or
actual cells that they're supposed to be
searching?
MR.
: Actual cell searches.
: And is that five -?
: With the exception of the
midnight shift. They usually do the general
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areas.
MR.
: But there should have been
cell searches done, by the C.O.s, at least five
times?
Yes.
MR.
Per shift?
Yes.
MR.
On day watch --
MR.
Okay.
MR.
• -- and night watch?
No. On day watch --
MR.
Day watch and evening --
-- an evening watch.
MR.
-- watch.
MR.
All right. Well,
evening. Evening watch, right?
Yes.
MR.
So, if they're doing
those, is it just as important to log those
searches into the system?
ME•es.
: So, if there is no cell
searches actually being logged into the system,
on those dates is that a problem?
Yes.
MR.
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111
MR.
Okay. And would you
consider that like, a policy violation?
MEI•es.
MR.
: If it's not logged into
the system, is it almost as if they never
happened?
MR.
MR.
Yes.
. Co ahead.
: That's all I have. I know
you looked into the monitor, the phone call
that Epstein made the night before, on August
9th, right? And what is your understanding of
what transpired? Like, how did he make that
phone call?
: My understanding is that his
unit manager gave him the phone call. On an
unsecured line. He placed Epstein in the
shower area - that's what my understanding -
and he plugged the phone into an unsecured
line, andliiiiihim a phone call.
MR.
: And based on what we - based
on the interviews - it looks like Epstein asked
to speak to his mother.
: Right.
: And he asked for his pack and
MR.
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pen (Phoniiiiiiiiii01:19:33) was not set up.
MR.
: Well, let's ask her.
What iiiiiiiiiiderstanding of what happened?
: That was my understanding,
that he made a hone call to his mother.
MR.
: Have you learned anything
since then?
: No. Well, I did learn that
his mother was deceased on the 10th.
MR.
: And do you know who he
actuaiiiiiiiiii?
: I don't. I don't. I
actually was present when we did get the
number, and it NYPD, guy called the number
back, but I don't know who it was.
MR.
He actually dialed the
phone?
Mm-hmm.
MR.
To check to -? Rather
than doing a search, he called the number that
they --
I think he did a search.
MR.
• -- okay.
: I think he did a search. And
he called the number.
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113
MR.
: From here? At the BOP?
: No. I want to say he might
have called from his phone he had.
MR.
: He had a cell phone?
: Yeah. Mm-hmm. I want to say
he called from his phone.
MR.
Was this in your
presence?
: Yeah. It was. Yeah. I was
there.
MR.
Did they bring their cell
phones into the institution?
: We had - we got approval for
them to bring their phones in, because they was
doing an investi ation.
MR.
Oh, okay.
: Yes.
MR.
And do you know if
someone answered when he called?
: I want to say a female
answered, but
MR.
: Okay. Did he identify
himself?
I can't remember.
MR.
: Okay.
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I can't remember.
MR.
: And is that the same
person, thou 'h that --
MR.
: You think?
: Yeah.
MR.
:
NYPD ---
Yeah.
MR.
-- detective.
Because - yes - it was only
one NYPD at the time.
MR.
Okay. And it's
Yeah.
MR.
Okay.
I think it was
MR.
Okay. Great. Who did
you say that actually provided him the phone
call?
MR.
: His unit manager.
And who was that?
His name is
MR.
: And what is your
understanding of what should have transpired if
he gave him that phone call? How should have
115
1 that iiiiiiiiiirked?
2
: If he gave him a phone call,
3 it should have been on a secure line. Meaning,
4 the inmate's line. Because when it's on the
5 inmate line, you can listen to the phone call.
6 You know, go back. You can monitor it live.
7 And it should have been recorded in the logbook
8 that he received the phone call to the number
9 he receiviiiiiiiiiine call to.
10
MR.
: And should have he sat
11 there with him, while the call was being
12 placed?
13
: Yes.
14
MR.
• All right. And do you
15 know anything about there not being a logbook
16 in titaipi_f2r those telephone calls?
17
IIIIIIIIII: I know it was -. We were
18 looking for logbooks. I can't remember if that
19 book was one of them, to be honest with you,
20 because I collected so many. So, I can't
21 remember if that actual book was missing.
22
MR.
Okay. And do you know if
23
actually did monitor the call, and log
24 it?
25
: I don't know.
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MR.
or not?
116
. You don't know if he did
I don't know.
MR.
Okay. Do you know
anything -? Did your investigation reveal
anything that transpired during that call?
No. I don't know.
MR.
No. So, you never found
anythin
never found anything more.
MR.
How serious of a
violation do you consider it, if the inmate had
- in this specific instance - both provided
Epstein the phone call, and put him in the G-
tier shower, walked away, and not only walked
away, but left the unit? And the inmate could
then talk by himself. Is that a pretty
significant thing, or -?
: It is. Because it was on a -
again - it was on an unsecured line. So, you
know, you can't get the recording back, even if
you an emergency and you needed to step away
for a minute, you know, you still can go and
listen back to that phone call, to see if
anything transpired.
EFTA00064294
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1
MR.
: Sure. And why is it? Is
2 it, like, a potential danger to other inmates
3 in the facility, by being able to provide
4 inmates these unsecured phone calls?
5
: I would say yes.
6
MR.
: So, it's a security
7 matter?
8
It's a security issue.
9
MR.
And what is your
10 opinion on if, when
says he's
11 calling his mother, and Mr.
calls the
12 number that he gives him, which we don't have
13 the number for at the time, there's no list,
14 and a male answers the phone. And then, he
15 provides Epstein with that call. What is your
16 thoughts on that as an SIS lieutenant?
17
: Okay. Can I -? Just
18 rephrase it. He gave him the phone call, and a
19 male answiiiiiiiiiihone call.
20
MR.
: So, Epstein says, I'm
21 calling my mother. This is the number. He
22 calls the number. Mr.
says a male
23 answers the phone. And then provides the phone
24 to Epstein.
25
: At that point, I wouldn't
118
1 have provided the phone to Epstein. I would
2 have hung the call up.
3
MR.
: Right. So, is that also
4 a prett bad security violation?
5
: Yeah.
6
MR.
: Okay.
7
MR.
: Should he have verified who
8 was on the hone?
9
: Yes.
10
MR.
: Should he have asked for a
11 name?
12
Yes.
13
rI .:
Was there a logbook, at that
:
14 point in the SHU?
15
: I don't know. I don't know.
16
MR.
: Is there something called
17 endogen (Phonetic Sp. *01:24:39) inmates?
18 Inmates. Now if --
19
: Yes.
20
MR.
-- can you -?
21
MR.
: What does that mean?
22
MR.
: Yeah. What does that mean?
23
: Endogen is inmates that, you
24 know, don't have any money on their accounts.
25 They don't have no type of resources. No type
119
1 of money coming in, through family members, or
2 anything to that effect.
3
MR.
: Now, if an endogen inmate
4 wanted to make a phone call, what is the
5 procedure for that?
6
: I'm not too sure how unit
7 team deal with endogen inmate.
8
MR.
: Okay.
9
: I'm not too sure.
10
MR.
: Is it - have you ever heard
11 the procedure that, if an inmate doesn't any
12 money in the pack and pen, they can't make any
13 phone calls, the unit team sometimes allows
14 them to make a phone call on the legal line?
15
: I've never heard of that.
16
MR.
: Regardless, if an inmate
17 is speaking on the legal line, it's always
18 supposed to be --
19
: A legal --
20
. -- monitored?
21
-- a legal phone call. Yes.
22
MR.
Where if it's in this
23 case, that an inmate that doesn't actually have
24 money, if they do allow it, they have to
25 monitor it. Correct? They have to sit there
120
1 and listen to it with them?
2
: They do, but they shouldn't
3 allow it because it's a legal line.
4
MR.
: Okay. So, really, the
5 legal line is only supposed to be --
6
...Only for legal.
7
MR.
: -- okay. So, not only
8 was this not done properly, they should have
9 never provided Epstein a call from the legal
10 line, is what ou're saying?
11
: Right.
12
MR.
Okay.
13
MR.
: Is there another line, or,
14 like, a pack and pen set up to utilize for
15 inmates that don't have any money, that want to
16 make calls? Like, you know how pack and pens
17 are asst ned to each inmate. Right?
18
: Yes.
19
MR.
: Now, if it's an endogen
20 inmate, and they wanted to make a phone call
21 that's not legal, is there a special code that
22 the unit team can use?
23
I don't know. I don't know.
24
MR.
And if the captain, if there
:
25 was a conversation between the captain and the
EFTA00064295
121
1 unit, with (Indiscernible *01:26:22)
2 and the captain instructed him to monitor it,
3 and
what does that mean to you?
4
: That mean you should be
5 standing there, listening to the phone call.
6
MR.
: Okay.
7
: And you should be recording
8 it in the to
9
MR.
: All right. Anything else on
10 that?
11
MR.
Hope.
12
MR. row,
let's talk about August
:
13 10th. Right? When did you find out about Mr.
14 Epstein's death?
15
: Maybe about 6:00 in the
16 morning. I got a call at home. I got a call
17 at home, b the captain called me.
18
MR.
: Captain
19
: Captain
called me.
20
MR.
: Mm-hmm.
21
: And he said we have an
22 emergency. I need you to come up to the
23 institution. And I said, okay. What happened?
24 You know, I'm getting up now. And he said,
25 it's Epstein again. And I said, okay. What
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122
happened? You know, with Epstein. And he
said, Epstein tried to kill himself. So, I
said, okay. I got dressed, and I came up to
the institution. It's not until maybe I was
here maybe about 45 minutes, when I learned
that he was deceased, and then, everybody said,
wait, you didn't know? And I said, no, because
I heard tried. So, and I remember saying, did
he go to the hospital because try mean, okay,
did we take him here? And when I got to there,
like, no, he's in the hospital. Like, he's
deceased, and I was, like, oh. Okay.
MR. Mit-hmm. So, when -.
MR.
: Do you know if he was
alive when the first officer responded to him?
E,h,
I don't know.
MR.
: Do you have anything, any
investigative steps that you took reveal
anything about that? Like, life-saving
measures, like, to keep him alive versus bring
him back?
: I don't know. Just
overhearing that they did some CPR measures.
But I doniiiiiiiiiiknow who did what.
MR.
: Okay.
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123
MR.
: When you arrived at the
facility, around what time was it,
approiiiiiiiiil : Maybe, I know it was before
7:30.
MR.
: And was he already gone, at
that oint?
: Yes. He was already gone.
MR.
: And when you came in, what is
the first ste you did?
: I just started gathering
evidence. You know -?
MR.
: Did you go up to the SHU?
: Yes. I went up to the SHU to
take whatever logbooks that was up there, and
that I could find. I went to the control
center to look for the count slips, from the
night before, the 9th and the 10th. The warden
had took some of the count slips. He beat me
to the punch. So, he did give me what he took
because it was -. Everybody was just trying to
gather up evidence, just -.
MR.
: We're just trying to get a --
MR.
On --
MR.
-- sorry.
124
1
MR.
-- and on the count
2 slips, did you find anything out about the
3 counts that were conducted, or not conducted,
4 that ir S
5
: On the count slips, I just
6 seen that they were filled out. They were
7 filled out. And I think, I want to say the
8 10th was missing. Because everybody would run
9 around, looking for the 10th count slip. I
10 can't remember what time. I think the 3:00 and
11 the 5:00, they were looking for. On the count
12 slips.
13
MR.
: When you said they were
14 lookin for it where were they looking for it?
15
: In the control center.
16
MR.
: I see.
17
: Because that's where the
18 count sli s would be.
19
MR.
: So, they went to -. And so,
20 the captain, or the warden, went down to the
21 control center, they were looking for the 3:00
22 a.m. and the 5:00 a.m. count slips, and they
23 couldn't find them?
24
: I don't know who actually
25 went in the control center because it's my
EFTA00064296
125
1 understanding they were looking for the count
2 slips before I arrived. So, what -.
3
MR.
: Did you do any vetting of
4 the counts, though, to notice, like, if they
5 count slips matched up with the institutional
6 counts or an thing like that?
7
: Did I do any?
8
MR.
Yeah.
9
: No. I didn't.
10
MR.
• So, you didn't notice.
11 Did you notice any of the count slips having,
12 like, any extra writing on them? Like, 95+1,
13 or 73+1. Or anything like that?
14
: Hmm. I can't remember.
15
MR.
So, you don't remember.
16
I can't remember.
17
MR.
Okay.
18
MR.
Do you want to show that?
19
MR.
: No. I mean, yeah, if you
20 want to, if ou have it. Sure.
21
MR.
: We'll come back. So, I'll
22 come back to that. I just had a few questions.
23 So, when you came in, people were already in
24 the SHU, looking for stuff?
25
: Yeah.
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126
MR.
: Pulling stuff up?
: That, it was only the captain
gave me a few things. He was looking for his
folder. His 292s and stuff to that effect. So
MR.
: That would be Epstein's
folder?
: -- Epstein's.
: Okay.
: Right. So, whatever he found
with Epstein, he did give it to me. Whatever
he found in the SHU. Again, the count slips
were in the warden's office, what they found.
So, I did et
from him.
MR.
: What is the normal procedure
if an inmate dies in prison, or, you know, a
suicide happens in prison, what is the normal
procedure on the actions to be taken?
MR.
: Well, prior to we get
into that, why were you all looking for the
countiiiiiiiiii
: That's, like, a procedure,
what we do, you know, we look at the count
slips to make sure - especially with a suicide
in SHU - you want to make sure that the count
127
1 was conducted. You're going to review the
2 cameras and see that the count was conducted.
3 You know, it's just to make sure, basically
4 everybody is accountable, and do what they
5 needed to do.
6
MR.
And did you do any of
7 that, trying to ensure that those counts were
8 conducted?
9
: Well, it was no cameras, and
10 I didn't do an investigation, because at that
11 point, once we notify OIG and FBI, we knew that
12 it would be their investigation. So --
13
MR.
Right.
14
-- I did no investigation.
15
MR.
. And do you know if the
16 counts were conducted?
17
: I don't know.
18
MR.
. Okay.
19
MR.
: Okay.
20
MR.
: So, now the procedures.
21
MR.
: Well, on the same note, then.
22 Did the, eventually find the count slips?
23
: They found -. They did find
24 -. I don't think the 10th was ever located.
25 It could have been. I can't recall. But I
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know the 10th was the missing count slip. One
of them went missing or something to that
effect, that, you know, OIG kept calling me,
and I'm, like, I'm looking for them, I'm going
through everything, I'm going through, you
know, we were trying to find. It was something
missing. I can't remember the timeframe, but
it definitely was something missing, at the
time.
MR.
: But you didn't say, it
eventually was found?
: I --
: Okay. And do you know --
--I can't remember.
MR.
: -- so, when you came in,
right after you found out about the incident,
did you come right to the SHU?
Yes.
MR.
: Who was in the SHU, at that
point?
: I don't remember. It was a
lot of pl.
MR.
: When you say a lot of people,
like -?
: In and out of the SHU. Like,
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129
administration. Like, the captain, I think,
was up there at the time. Or I --
MR.
: Was -.
-- I can't even remember what
officers •
there, to be honest with you.
MR.
: Who was in the cell, at that
point? E stein's cell.
: Nobody.
: Nobody. Was that sealed off?
: The door was locked.
: Do you know who locked it?
: I don't know who locked it.
MR.
: Okay. And why was the door
locked?
: I don't know, but I'm
assuming somebody locked it because they knew
it would be -. You know, we would do an
investigation on it.
MR.
: Do you think it was a
possible crime scene?
: Right.
MR.
: Okay. And they sealed it up
so no one came in and out?
: Nobody came in and out. When
I got up there, it was locked. We took the
MR.
MR.
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130
CPAP machine, and different stuff out of it, we
did. And we inventoried it in SIS.
MR.
: So, that's a question. So,
when you -. It was locked. Since did someone
go in, at that point, to take stuff out?
: No. We didn't go in right
then and there. No. We roped it off with the
yellow to e.
MR.
: Okay.
: We roped it off with the
yellow tae.
MR.
: And then, of course, what
about the stuff inside the - before we go in
this room - what about the stuff in the
officer's desk? Was stuff inventoried out of
the desks? Taken stuff, taken out. Like, any
No.
MR.
: -- anything related to
Epstein. Like, you mentioned that the captain
took the folder. Where was that folder --
: No.
: -- taken?
: We couldn't find -. They
couldn't find the folder.
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131
MR.
: Oh, they couldn't find the
folder?
: They couldn't find the folder
at all. So, whatever paperwork he got was
stuff layiiiiiiound.
MR.
: So, he took stuff off the
deskslAgshigs like that?
1111111111: I'm - yeah - I'm assuming
that's where he got it from.
MR.
: Was an inventory made of
those stuff that he took out of the SHU?
Yes.
MR.
: Okay. What are the steps -
as an SIS lieutenant - did you guys take any
materials out of the SHU, as evidence?
: What do you mean?
MR.
: Like, did --
: Find something?
MR.
• -- any paperwork related to
Epstein, things like that, did you guys
inveniiiiiiiiiiing?
: Everything related to him.
Yeah. Because we brought it down to SIS. We
turned it over to OIG.
MR.
: Okay. So, the --
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132
And we inventoried it.
MR.
: -- inventory was done by you,
not the FBI?
: No. It was done by me. They
signed off on it, well, as I was handing it to
them. I had everything on an inventory list,
of course. So, they were double checking what
I was giving them, and they signed off on the
chain of custody.
MR.
: And that morning, the round
sheets where did you find the round sheets?
: So, someone gave me the round
sheets.
MR.
: So, it was not -? It wasn't
in the SHU?
No.
MR.
: Okay. And Epstein paper.
You said you took anything Epstein related,
right? In a erwork.
Right.
MR.
: And, like, what kind of
paperwork
take?
: Oof. I think I got, like,
one or two 292s. I may have. Whatever it was,
was very little.
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133
MR.
Do you recall taking this
(Indiscernible *01:35:41) mandatory -? It says
mandatory rounds must be conducted every 30
minutiiiiiiiiiiein.
: Not, I've never even seen
that sign.
MR.
: So, you've never seen that?
No.
MR.
: Okay. And do you recall any
signs being
in the SHU, regarding Epstein?
: No. I don't recall.
MR.
: Him needing a cellmate, and
your rounds being -. So, you don't recall this
in there either?
: No. I've never seen that
sign.
MR.
that, b
: Do you know who collected
any chance?
: No. I don't.
MR.
: So, if you -.
MR.
Was it the captain that
went in and collected a lot of this stuff? Is
the one that -?
MR.
He did, but --
And was he the one --
134
1
-- that was never --
2
MR.
-- that provided -? He
3 provided you with some of this stuff, though,
4 like, the 292s that you're talking about?
5
: Yes. He gave me the 292s.
6
MR.
: And what is that? Is
7 that, like the feeding --
8
The feeding.
9
MR.
-- and the showers?
10
The showers. Yes.
11
MR.
Okay.
12
MR.
. But you don't recall this?
13
: I've never seen that.
14
MR.
: Was there any lists kept in
15 the SHU, to say any special needs for some of
16 the inmates? Like, if they are suicidal watch,
17 and things like that, is there any special
18 lists in the SHU for that?
19
: It should have been a hot
20 list. What we call a hot list, that psychology
21 would have put up there. Do you recall if
22 there was one in the SHU, at that point?
23
: I don't know.
24
MR.
: Okay.
25
: I don't know.
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name?
•
135
MR.
And if there was one, where
would it have been kept?
I would think it would have
been posted somewhere near the officer's
station.
MR.
: Okay. And what about the -
now, let's go to his cell - who inventoried
everyiiiiiiiiilof his cell?
: My SIS tech went in, and she
took what has in there, which was, like, some
letters he had. I think some pill bottles.
And the CPAP machine was in there.
MR.
: Did you assist your - sorry,
I wrote the 'erson's name.
MR.
: Yeah.
MR.
: Did you assist IIII?
: Yeah. I was up there. Yes.
How do you spell her last
MR.
: So, it's, I wrote it
IIII. And first name is
7
. Yes.
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MR.
MR.
MR.
136
2
Yes.
Mm-hmm.
Okay. Cool.
: So, did you assist her when
: Yeah. I was there.
MR.
-- when she walked in -.
You both were.
: Yes.
MR.
: What was your impression when
you saw it? Like, what did you see when you
walked in?
: lust, it wasn't much in the
cell. It was just more, linen sheets, linen
stuff.
MR.
MR.
linens and sheets?
Yes.
MR.
: Was there an excessive --
Yeah.
-- excessive amount of
Did you inventory that?
No. I didn't.
MR.
Do you know around how
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137
many linens and sheets were in there?
: No. I don't.
MR.
But it seemed excessive,
though, for --
For Special Housing.
MR.
-- right.
Yes.
MR.
: So, there were definitely
more than should have been in there?
I would say.
Do you know why that
case?
: No.
: What about the pill bottles?
All those pill bottles, and you said you saw
medication things like that.
IIIIIIIIII: I don't remember if they were
empty, or if medication was in them. I know we
just took them.
MR.
You start on them,
actually.
MR.
: Yeah. I think --
: Okay.
MR.
. -- let me show you pictures.
: Sorry about that.
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138
MR.
: Because we have pictures from
MR.
Who took the pictures?
Do you know?
Ms.
MR.
Okay. Okay.
MR.
That's okay.
MR.
Yeah.
MR.
: So, what I'm showing you are
the pictures taken inside the SHU.
: Okay.
MR.
: Is that Epstein's cell?
: This is --
MR.
: On the top.
-- yes.
MR.
And that's the -. You guys
put the --
MR.
sure.
MR.
you sa
MR.
MR.
: The tape on it. Yes.
-- the tape on it, to make
Yeah. That's it. When
ou 'u s, SIS did?
: Yes.
Yes.
Okay.
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139
MR.
Sorry.
Oh.
MR.
• No, no, no.
MR.
So, is this from the outside
of his cell, the second picture?
Yeah.
MR.
With M?
This is the outside. Yes.
MR.
So, what is this wire coming
up? Is that the CPAP machine?
Yes.
MR.
Okay. And you said you
removed it from the cell?
: Yeah. We took the CPAP
machine.
MR.
: Okay. And the CPAP machine
only extends to right there?
: I can't remember where it was
located at. I just know she went, you know,
took it out.
MR.
: So, what -.
MR.
. Was there - on the CPAP
machine and that cord specifically - was there
any indication that he may have used that to
strangle, to attempt to harm himself, or
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140
someone else attempt to harm him?
: No. lust the, like, the -
just the CPAP machine with the cord.
MR.
: So, was the cord not,
like, disheveled, or out of place? Was it
straight from the machine, all the way to where
it was oluaaed in?
: I can't remember.
MR.
Okay. But there was
nothin
I can't.
MR.
• -- that indicated that he
was strangled by anything other than the noose
that the found in there?
to.
MR.
: Nothing indicated that
the CPAP machine or cord was used?
: No. Hmm-mm.
No. Okay.
What happened to the CPAP
MR.
MR.
machine?
: It's in the SIS shop. In the
inventory.
MR.
Oh, it's still there?
: It should be still there.
EFTA00064300
141
1 I've bend" for a while. But yes.
2
MR.
: Okay. But that was taken as
3 a --
4
: Yes.
5
MR.
: -- evidence? Okay. Now,
6 we've seen a lot of the orange. What is that?
7 Is that sheets?
8
: They look like sheets.
9
MR.
: And if you notice, there's a
10 mattress on the floor.
11
: Yeah.
12
MR.
: Is that where Epstein slept?
13
: I don't know.
14
MR.
: Okay. Do you know if that's
15 where the found his body?
16
: I don't know.
17
MR.
: Okay. Okay. So, this might
18 be upside
19
MR.
• So, they were
20
MR.
I'll just -.
21
MR.
-- were all the lines and
22 sheets, were they, then, if they weren't
23 inventoried were they all discarded?
24
: I don't know. I don't know.
25
MR.
You don't know. Okay.
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had to flip it
like it's from
MR.
What are these
MR.
clothes?
: They're clothes lines. They
use them normally. Mm-hmm.
MR.
: Well, what about this?
: I don't know.
MR.
: So, there's a ladder here
that goes uo to the second floor.
: Right.
MR.
: Okay. And it looks like
there's a whole bunch of items on top. And
between the materials that's on the floor, and
the materials on the bed, you said there was an
excessive amount of linen and --
: Linen.
MR.
-- linen. Okay.
MR.
Who would be responsible
for providing a linen, or removing a linen?
142
: Now, this picture - sorry, I
a couple of times - it looks
the corner --
: Right.
-- looking into the cell.
things that's tied up on?
: This, and like these?
: Yeah. Is that just to hang
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143
: That would be the SHU
officers.
MR.
Okay. So, people in the
SHU?
E•es.
MR.
: And was that at all
questioned, like, hey, why was there someone's
linen in there?
: I don't. I didn't question
them.
MR.
Okay.
: So, I can't -. I don't know
if anybodiiiiiiiiii.
MR.
: Okay. And if the cell
searches were being conducted, would that be
the time that they would actually take --
: Take everything.
MR.
-- the linen out?
Yes.
MR.
Okay.
MR.
So, what are we looking at,
at this picture? Is that the AED (Phonetic Sp.
*01:41:43) machine?
: Yes.
MR.
: And what is this right here?
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144
: I don't want to say the word
noose, but, you know, that's what it looks like
to me.
MR.
: Okay. And where exactly on
it, is this on the floor? Is that on the
I don't know from the angle.
MR.
But you know of, would
you know if this was the noose that was
actuall
MR.
This was -.
• -- used -?
don't know. I don't know.
MR.
: Do you know if there were
multi le
: I don't know. I don't recall
seeing. No. I don't recall. No.
MR.
: And where is -? What
happened to the noose?
: It's in the SIS shop.
MR.
: Okay.
Yeah. The SIS.
MR.
• Still to this day?
: It should be.
MR.
: When was the last time you
EFTA00064301
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145
saw it there?
: It's been a while. I've been
out of work for some time.
MR. ..okay.
MR.
: What is your
understanding of how the noose -? How they got
Epstein down? Do you know if it was ripped, or
if it was cut? Or do you know anything about
that?
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6
-- I don't know who took the
7 pictures. I know she took a set of pictures,
8 and then when the FBI came in, they were
9 searching the cell, and they took a set of
10 pictures. So, I really don't know whose
11 pictures those are.
12
MR.
: Is that two mattresses, or
13 just one mattress?
15
One. Okay. But so, I
14
: It looks like one.
16 thought this picture taken, another mattress
17 was
18
: Right. This look like two.
19 Of course well, it is two. So, I don't know.
20
MR. 'I'll': And look at this pill
21 bottles. There's different medications sitting
22 on the to bunk?
23
: Yeah.
24
MR.
: Are those things allowed in
25 the SHU?
: I don't know. Nobody never
said.
MR.
Okay. So, you never
looked at it.
MR.
: Because no one said it to
you?
Right.
MR.
Okay.
MR.
: But not when you were
collecting this evidence, though, wasn't
clearly, you know? Do you know if anything was
still hanging from where he was hung from, or
do you know if it was taken off of him after
they -?
I don't know.
MR.
: You don't know. And who
here. Ri ht?
147
: No. That's only one.
MR.
: Oh, that's the --
: Again --
MR.
• -- bottom one here. Okay.
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146
would be the erson to talk to about that?
The responders.
MR.
: Like, the first
responders?
Yeah.
MR.
As in, like, Noel and
Thomas?
: Yeah. The responders would
have seen the condition of the cell.
MR.
Okay.
MR.
: Now, this is a picture. It
looks like --
The bottom of that.
MR.
-- what is this right here?
This is a
MR.
A mattress.
-- is that another mattress?
Yeah. It look like it.
Yeah.
MR.
: So, there is two mattresses
on to of each other?
Mm-hmm.
MR.
: Okay. Let's go back
(Indiscernible *01:43:26). Another mattress on
the floor? Because I don't see two mattresses
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148
The inmates, I think, are
allowed to have their medications.
MR.
: It's not something where the
medical comes by? It's because they're in the
SHU, medical comes by daily and gives them the
medication?
: They normally do, do a pill
line dail . I don't know why he had -.
MR.
: Well, it's dependent on
the medication.
: It is.
MR.
Correct? Some --
Yeah.
MR.
-- some medication can be
provided --
Because I've seen --
MR.
-- through self-care.
-- yes. Yes.
MR.
Right.
Yes.
MR.
Some needs to be provided
by the medical staff.
MR.
: And that's the picture of the
noose. Something you guys took, or -?
: The one that we took. Yeah.
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149
MR. ..)kay.
MR.
: Do you know if this is
the same --
Let me see.
MR.
-- one that we looked in
the other picture, though?
: Not that. I don't know.
MR.
: It looks like that. There's
different pictures of the noose.
: Yeah.
MR.
: All right. And we've got a
picture of bed. With all the linen on it.
Okay.
MR.
: And that's all the materials
that was on the top bunk.
: Okay.
MR.
: Did you -.
MR.
: You didn't take these
pictures,
h. Correct?
No.
MR.
: Did you even go into the
cell, at the time, to see all of this?
: No. They -. When the other
agencies was there, and we were out. On the
outside.
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150
MR.
Okay. So, but IIII is
the one who took these pictures?
: I don't know if these are her
set of pictures because the FBI took pictures,
as well. So, I don't know --
MR.
Okay.
- if you have hers or
theirs.
MR.
I gotcha.
MR.
: Before the FBI got in, was
anything moved in the cell?
No.
MR.
: Okay. So, yeah. This is
the kind of overall picture, and this is where
it kind of, you know, looks like there's
definitely an excessive amount of linens.
Correct?
On these pictures, yes.
MR.
: And is that a security
issue if there is an excessive --
Yes.
MR.
: -- amount of linen? And
what is that reason that that would be a
security issue?
: Excessive. The inmates been
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151
known, you know, and to start fires. Suicide
inmates, that's excessive for them.
Definitel.
MR.
: So, inmates that came off of
suicide watch, or is, like, an observation,
they shouldn't have -?
: No. They shouldn't have that
much linen.
MR.
: Okay. You would - I know
you've been speaking - but you don't know where
exactly he hung himself, or where the body was
found
or an thing like that?
SM
No. I don't know.
MR.
: Do you know if - for
instance, this, this looks like potentially
where he hung himself around - do you know if
this was placed back up there, or if that
remained there undisturbed?
: I don't know.
MR.
You don't know. Okay.
So, where is
now?
I'm assuming she's here.
MR.
: Okay. So, she still
works here?
Yes. Oh --
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MR.
: Okay.
-- that's what you mean.
Yeah.
MR.
: And she's still an --
SIS.
MR.
-- an SIS?
Yes.
MR.
Okay. So, she would be
really the person - she took photos - she would
be the person to
MR.
MR.
ask about --
Yes. She did take photos.
-- these things?
Yes.
• Okay. Thank you.
Mm-hmm. No problem.
MR.
: Did she have any
involvement with investigation? Was she here
prior to
MR.
She wasn't here.
MR.
MR.
our arrival?
: I don't know if she was here.
Was that -?
No. She wasn't here. No.
• So, she came after --
Yes.
. -- you arrived. And did
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you immediately say, go take photographs, or
what did ou tell her to do?
: We went up to do the photo -.
Tape the door up. We went up to tape the door
up. I don't remember at what point she took
photographs of the cell.
MR.
: But it wasn't that day?
: No. I don't think she went
inside -. Because it was blocked off. So,
nobody went inside that day. We just took the
angle you see of the door. Just so we could
show that we
off.
MR.
: Did the FBI go in that
day?
When they came, yes.
MR.
: Okay. SIS did not go in
that day?
No.
MR.
: Just the FBI?
Yes.
MR.
: Okay.
: Yes.
MR.
: Was there video taken, or
just ict
..
es?
: I don't know. We didn't take
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any videos.
MR.
: Okay. Nothing?
MR.
: Oh, no. Okay. It sounds
like the FBI is the people to talk about, with
the - as far as who went in there first, to --
Yeah. They went in --
MR.
• -- to take pictures.
-- we just escorted them up.
I escorted them
and -.
MR.
: Do you know if anything -
after they removed Epstein's body from the cell
- do you know if they anybody went back into
that cell?
i n?
I don't know.
MR.
: You don't know?
I don't know.
MR.
Prior to the FBI going
: Yeah.
MR.
: When Epstein was brought up
to the hospital, do you know what he was
wearing? Do you know if there was an inventory
stuff on the -? You know, the clothes that was
on him. What happened to the stuff that was
inventoried?
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: I don't know.
: Was anything brought back?
: No. Nothing was brought
back. But the disk with the pictures they took
out there.
MR.
: Do you know, did you hear of
when R&D, was any R&D officers sent to the
hospital?
: I don't know if the officers
was there. The supervisor, Mr.
(Phonetic Sp. *01:48:57) went out to the
hospital.
MR.
: And when they go out on a
situation like this, do they go to the hospital
with an thin Keith them? Like cameras.
: Yeah. You took the pictures.
And he - I think he did the fingerprints.
MR.
: So, he did take pictures?
: Yes.
MR.
: It's on a camera provided by
MCC?
Yes.
MR.
: And he took fingerprints
also?
: I think he did fingerprints
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156
also.
MR.
Did he also take a video,
or just camera pictures?
Just pictures.
MR.
: Do you know where those
pictures are?
On my home drive.
MR.
Okay. Is that another
thing that we can ask you to send to us, as
well --
Okay.
MR.
: -- to make it a little
less, and then we'll send in an email out.
MR.
: Yeah.
: Mm-hmm.
MR.
: Is there a reason -?
: (Indiscernible *01:49:37).
Oh, it's (Indiscernible *01:49:39). I was -.
Because I had a binder, too. I was -. I'm
just trying to brainstorm, see if I could get
it to you guys while you're here. That's what
MR.
: Is there a reason why
- sorry - that
went to the hospital,
took pictures on his personal phone, and texted
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that over to the AW?
: I didn't even know he went to
the hospital. This is the first I'm hearing he
went to the hospital.
MR.
: He said he was under the
impression that the R&D did come in with the
camera, but they left without taking any
picturliaLthey took the camera with them.
IIIIIIIIII: I don't know why he was under
the impression because he brought the camera
back, and I downloaded the pictures off of it.
MR.
: Is there any policy about
just anyone, you know, C.O.s, any BOP employees
taking pictures on their personal phone, for
suicide or anyone like that?
: You shouldn't be taking any.
MR.
: Are you familiar --
: Any pictures.
MR.
: -- if there's any policy like
that?
: I don't know if it's a
policy. I don't know.
MR.
: But as far as you know, you
never of
pictures?
: From Mr.
1
MR.
: Yeah.
2
: No.
3
MR.
: Okay. Do you have any
4 questions in re ards to that topic?
5
MR.
• Nope.
6
MR.
: Have you heard - did you hear
7 anything about doors in the SHU being left
8 unlocked?
9
: No.
10
MR.
: Was there ever any issues
11 about C.O.s possibly leaving the SHU doors
12 unlocked, the tiers doors unlocked, so it's
13 easier to walk in and out?
14
I don't know.
15
!ill
Okay. What about cell doors?
:
16 Did you ever hear any rumors about possibly
17 that cell doors in Epstein's tier was left
18 unlocked?
19
: No. I never heard it.
20
MR.
: What is your
21 understanding of how Epstein -? Of what
22 happened with Epstein?
23
: My understanding was, they
24 found him, I guess sitting on the floor, with a
25 rope around his neck. And I don't know who
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159
went in the cell first.
But I did hear was
Mr. Thomas, Ms. Noel. I heard Lieutenant IIII,
and I don't remember who it was from medical.
MR.
: As far as when he was
found, though, was it your understanding that
he did whatever happened to him, to himself?
: That's what my understanding
was.
MR.
Do you have any
information at all that would suggest that
Epstein did not harm himself, and that someone
else harmed him?
MR.
MR.
other inmates?
No.
• No.
Did he have any threats from
I don't know.
MR.
Okay. Anything else?
MR.
: Nope.
MR.
: Did you ever interact with
Epstein while he was at the -?
: When I did the first suicide
attempt, iiiiiidly.
MR.
: After that. Have there been
any interactions?
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: No interaction. I just seen
him in attorney area because he did his
attorney visits pretty much all day. So, if I
would walk by and see him, I will step in and
ask him was he okay. Normally, he will just
give the thumbs up, and you know, I will walk
away. But if I see him, I definitely will ask.
You know, you okay, anything you need? And he
will just throw the thumbs up.
MR.
: Was he given any special
privileges here at the MCC?
: Not that I know of.
MR.
: Being that -. What is your
understanding about him having attorney
conference every day? Did you know that he was
in attorney conference pretty much every day,
from 8:00 a.m. to 8:00 p.m.?
MIM
: Was that something that was
Yes.
afforded to other inmates?
: I've seen it done before.
: Okay.
: Yes.
MR.
: So, it's happened in the
past?
MR.
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161
: Yes.
MR.
: Okay. So, it's not just him?
: Mm-hmm.
MR.
: Okay. Do you know which
other inmates?
MR.
MR.
. No. We don't need to -.
Okay.
I don't know.
MR.
I got nothing else on the -.
MR.
: So, these are - when we
were talking about count slips previously -
this is what I was talking about. So, do you
see, all these other counts, this was the 10:00
p.m. count on August 9th. All these other
count slips have crosses all over them.
They're checking, you know, say, from our
understanding, it says as one, d ft things come
in, the check them off.
MR.
Mm-hmm.
SIM
: Well, these two that one
is from R&D, and one is from the SHU, one) they
don't have the check marks coming off of; and
two) they ZA one, which is the SHU, says 73+1.
And the R&D says 9S+1. Do you know anything
about that?
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162
• No. I don't know what the
plus one stands for.
MR.
: No. Do you know anything
about, like, ghost counting, or anything of
that nature?
: I've heard them ghost count
before. If an inmate was in medical during a
count.
MR.
Would they put, like --
One.
MR.
-- a plus one on the slip
if thiiiiiiiiiit counting?
: I've never seen. I've never
seen a plus one when I've taken a count.
MR.
Okay.
: To be honest with you. I've
never seeiliiiiiiiine.
MR.
: And when you said that
you were handling the count slips, or
collecting them, did you remember seeing
anything like that, with the NS+1, or the -?
I don't remember.
MR.
You don't remember?
I don't remember.
Is that very abnormal to
MR.
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163
you, that those things are on there?
Yes.
MR.
• Okay.
: Yes. I would have sent this
count sli back because plus one --
MR.
Or it --
-- doesn't tell me -.
MR.
-- it may have been the
people that were doing the count, that wrote
it, is actually where the thought is.
: Oh, I don't know.
But you don't know.
I've never seen a plus one.
MR.
• Okay.
MR.
: In terms of, if there is
possibly a suicide, is there, during training,
are C.O.s taught what actions to take if they
think that there's a possible suicide attempt
in a cell?
MR.
: Yes.
MR.
: What is the training?
: We get suicide prevention
training yearly, during annual refresher
training, the psychology conduct mock
exercises.
164
1
MR.
: And what do they teach you?
2 Like, if you see something. If you see
3 possible suicide. What is the C.O. supposed to
4 do?
5
: First, you're going to yell
6 for help, or for a supervisor, but when you
7 have another staff member with you, you could
8 open the door and attempt to free that person,
9 if - for instance - if it's a noose or
10 something to that effect.
11
MR.
: They don't have to wait for
12 other C.O.s to respond?
13
: Well, it is recommended that
14 you have somebody with you.
15
MR.
: Okay.
16
: It is recommended that you
17 have somebod with you.
18
MR.
: Recommended, not
19 required?
20
: I don't think it's required.
21
MR.
: Is there part of the
22 security part where it could be a rouse to get
23 you in and then they could overthrow you?
24
: Absolutely. Absolutely.
25
MR.
So, is that why -? So,
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165
our understanding was that it was actually a
requirement that you're not supposed to go in -
: By yourself.
MR.
: -- by yourself.
: lust in case there is a fake
attempt or something to get in you.
MR.
: Anything else?
MR.
: Nope.
MR.
: I got nothing else in my line
of questiosmiii
MR.
: Great. Yeah, no. So,
there is no, nothing for you to believe that
Epstein did anything other than take his own
life?
E.o.
MR.
: Okay. And then, that
these other things were just systematic
failures. What do you think overall led to
Epstegiiiiiiiiible to take his own life?
: I want to say the systematic
failures, the breakdown with, you know,
although we don't know the previous attempt, we
don't know the logistics, right? So, if we
know we had this inmate, we should have been
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166
watching him a little bit better, I think.
MR.
: So, do you think the main
reasons would be, if counts and rounds weren't
being conducted, would that be a big factor
into vil
eas
1
1
able to kill himself?
: Yes. I would say so, because
if you know nobod is walking around.
MR.
: What about the fact that
he didn't have a cellmate, and he was supposed
to have a cellmate?
That, as well.
MR.
Do you think one of them
is more important than the other? Or do they
go hand in hand?
: I think they go hand in hand.
Okay. So, they're both
MR.
as e uall
Yes.
MR.
: -- as important. Is
there anything else, aside from those two main
issueiiiiiiiiiiu think led to Epstein's death?
: I really can't say. I don't
know.
MR.
: Okay. Anything that we
didn't ask you, that we should know about?
167
1
No. You guys pretty much --
2
MR.
Yeah.
3
-- much asked --
4
MR.
No. I know we
5
-- everything.
6
MR.
-- we covered a lot.
7 Great.
8
MR.
: Well, thank you for taking
9 the time to talk to us today.
10
: Yeah.
11
MR.
: Can we just have --
12
No problem.
13
MR.
-- her initial?
14
MR.
Yeah.
15
MR.
Okay. So, the thing
16 that, we just - so that we know we talked, that
17 all these have to get attached to the
18 recording. If you could just initial. For
19 instance, this pack. Just initial the top
20 photograph, because there's anything --
21
: Okay.
22
MR.
: -- so you don't have to
23 go through none of them. But the things that
24 we discussed, if you don't mind just --
25
: No problem.
1
MR.
2 And toda
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MR.
168
-- initialing and dating.
's date is --
• The 23rd. Correct?
-- correct. So, 9/23/21.
Oh, I feel special. I got a
new pen. Oh.
MR.
had the other
• Oh. There goes that. I just
en. Okay, there you go, sir.
Yeah.
MR.
I apologize.
Okay.
MR.
And it goes government pens.
MR.
Anything else?
MR.
No.
(Indiscernible *01:59:01).
MR.
(Indiscernible *01:59:15).
MR.
Okay. Thank you very
much.
E•eah. No problem.
MR.
: Is that all of it? The
things we covered.
MR.
: I'm just looking for --
MR.
You have the most --
MR.
: -- oh, that's everything.
MR.
. -- beautiful handwriting
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169
I think I've ever seen. It's like calligraphy.
: Oh, really? I thought it
was, like, chicken scratch and all over the
place.
MR.
No. And once I saw it, I
was, like, wow. That is pretty impressive.
: Okay.
Okay. You want to end
MR.
it?
MR.
: Yeah. So, we've going to end
the interview. The time is 11:19 a.m. on
Se tember 23rd, 2021. This is Special Agent
. I'm ending the interview.
170
CERTIFICATE
I hereby certify that the foregoing pages
represent an accurate transcript of the
electronic sound recording of the proceedings
before the Department of Justice, Office of the
Inspector General in the matter of:
Interview of
Transcriber
EFTA00064308
Extracted Information
Dates
Phone Numbers
Document Details
| Filename | EFTA00064266.pdf |
| File Size | 4047.6 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 140,189 characters |
| Indexed | 2026-02-11T10:23:53.932082 |