EFTA00064311.pdf

1 2 DIGITALLY RECORDED SWORN STATEMENT OF LAMINE N'DIAYE OIG CASE #: 2019-010614 DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL OCTOBER 27, 2021 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: (818) 431-5800 APPEARANCES: OFFICE OF THE INSPECTOR GENERAL BY: BY: WITNESS: LAMINE N'DIAYE OTHER APPEARANCES: 3 1 MR. The recorder is on. My 2 name is , and I am a Senior 3 Special Agent with the U.S. Department of 4 Justice, Office of the Inspector General, New 5 York Field Office, and these are my 6 credentials. 7 MR. N'DIAYE: Okay. Mm-hmm. 8 MR. : This interview with 9 Federal Bureau of Prisons employee - is it 10 Lamine? 11 MR. N'DIAYE: Lamine N'Diaye. 12 MR. : Is being conducted as 13 part of an official U.S. Department of Justice, 14 Office of the Inspector General investigation. 15 Today's date is October 27th, 2021, and the 16 time is 1:53 p.m. This interview is being 17 conducted - what is the -? Is it 1515? 18 MR. M.15. 19 MR. : 515? 20 MR. N'DIAYE: Yes. 21 UNKNOWN MALE: Madison Avenue. 31st 22 floor. 23 MR. : Okay. 515 Madison 24 Avenue, 31st floor. New York, New York. Also 25 present is DOJ/OIC Special Agent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 As well as -- UNKNOWN MALE: MR. attorney. I'm sorry. What is it? MR. First name MR. Thank you, sir. Who is representing Mr. N'Diaye. This interview will be recorded by me, Senior Special Agent . could everyone please identify themselves for the record, and spell your last name? To start a ain I am DOJ/OIG Senior Special Agent, . M-A-T-U-L-E- W-I-C-Z. MR. : This is DOJ Special Agent . And these are my -- Mr. N'Diaye's credentials. MR. N'DIAYE: Okay. And I am -- MR. : I can't -- MR. N'DIAYE: Lamine -- MR. : I can't show you any credentials. MR. N'DIAYE: N'Diaye. First name MR. : Okay. MR. N'DIAYE: Lamine, L-A-M-I-N-E. And EFTA00064311 6 1 last name N'Diaye, N-, as in Nathan, 2 apostrophe D- as in , I-A-Y-E. 3 MR. • Thank you, sir. Do you 4 happen to one -- 5 MR. : I still don't know how he 6 pronounces his name. Is it -? Yeah. And I'm 7 so arrogant that I don't carry identification. 8 You know what I mean? 9 MR. : No. That's fine. 10 MR. : Yeah. But you are sitting 11 down here, you are willing to pay the fee. 12 MR. N'DIAYE: Yeah. 13 MR. : You know who I am. 14 MR. : So, I am looking at Mr. 15 N'Diaye's law enforcement officer credentials. 16 And it has a picture. And a signature of the 17 gentleman sitting in front of me. Thank you, 18 sir. And his attorney, do you mind - and 19 again, it's 20 MR. 21 MR. 22 MR. : . And I'm sorry, I 23 don't have -. I really -- 24 MR. No. That's quite all 25 right. 1 MR. : -- as I say -- 2 MR. : But ou are 3 -- MR. : . I'm his 4 lawyer. 5 MR. -- perfect, and we're in 6 your office. 7 MR. : Right. 8 MR. This is an official 9 DOJ/OIC investigation into the death of inmate 10 Jeffrey Epstein and the circumstances 11 surrounding it, and you are being asked to 12 voluntarily provide answers to our questions. 13 Will you agree to a voluntary interview with 14 the DOJ/OIG? 15 MR. N'DIAYE: Yes, I will. 16 MR. : Thank you, sir. This is 17 the form that we have to do all interviews, 18 interviewees. 19 MR. • Is that form B? 20 MR. 21 226/2. 22 MR. : Yeah. 23 MR. N'DIAYE: Okay. 24 MR. : But it says is - I'm 25 going to read it for you - United States This is the OIG form III- 7 1 Department of Justice, Office of the Inspector 2 General, Warnings and Assurances to Employee 3 Requested to Provide Information on a Voluntary 4 Basis. It says, "You are being asked to 5 provide information as part of an investigation 6 being conducted by the Office of the Inspector 7 General. This investigation is being conducted 8 pursuant to the Inspector General Act of 1978, 9 as amended. This investigation pertains to job 10 performance failure, and security failure." 11 And this is what we are writing for everyone 12 that we speak to, just because we're looking at 13 it as a -- 14 MR. N'DIAYE: Right. 15 MR. : -- whole of what 16 happened. "This is a voluntary interview. 17 Accordingly, you do not have to answer 18 questions. No disciplinary action will be 19 taken against you if you chose not to answer 20 questions. Any statements you furnish may be 21 used as evidence in any future criminal 22 proceedings, or agency disciplinary 23 proceedings, or both." And there is a waiver 24 section. It says, "I understand the Warnings 25 and Assurances stated above, and I am willing 8 1 to make a statement and answer questions. No 2 promises or threats have been made to me, and 3 no pressure or coercion of any kind has been 4 used against me." If you would like to take a 5 look at it, you may. If you agree to it, if 6 you want your attorney to look at it, he may, 7 as well. 8 MR. N'DIAYE: Okay. 9 MR. : You can sign where it 10 says "Employee Signature." And then, also 11 write your name. I did read it verbatim. 12 MR. : I'm sure you did. Okay. 13 There is no lace that said attorneys -- 14 MR. • No, no, no. 15 MR. -- signatures. 16 MR. • It's not for you to sign. 17 It's for him, myself, and the witness. It's 18 just if you wanted to review it, or ask any -- 19 MR. : No, that's all right. 20 MR. : -- questions about it. 21 MR. . That's all right. I do have a 22 question. 23 MR. N'DIAYE: Where do you want me to 24 sign? 25 MR. : In other words, if you say to EFTA00064312 9 1 him -- 2 MR. : Oh, so, where it says -- 3 MR. : Right side. 4 MR. -- "Employee Signature." 5 MR. : Do you have sex with ducks? 6 And so, I'm not going to answer that question. 7 That's the - he can't get in trouble for that? 8 MR. : I won't be asking that 9 question. 10 MR. 11 *00:04:18 12 MR. : : (Indiscernible *00:04:20). 13 MR. (Indiscernible *00:04:22). 14 MR. N'DIAYE: (Indiscernible *00:04:21). 15 Okay. 16 MR. : Under the interview that 17 we are doing right now, for voluntary 18 interviews, he doesn't have to answer our 19 questions. 20 MR. N'DIAYE: Okay. Great. 21 MR. : All right. So, thank you 22 for signing that, sir. Did you have any 23 questions on the form? 24 MR. N'DIAYE: No, I don't. 25 MR. : All right. So, I'm : I mean, (Indiscernible 10 1 signing as the signature of the Office of the 2 Inspector General, Special Agent. I'm printing 3 my name. 4 MR. : Oh, one thing. So, 5 ordinarily, I would take notes. I've been at 6 (Phonetic Sp. *00:04:49) for 50 years, 7 as you saw, to which my body is falling apart. 8 I had severe arthritis in my neck, and it's 9 radiated down to my hands. I can't really 10 basically write. So, that's why -- 11 MR. : Sure. 12 MR. : I'm not taking notes. But 13 I have a War d memory, so, yeah. 14 MR. : All right. Great. 15 , can ou just sign as the witness? 16 MR. : Oh. 17 MR. : Put your name and take 18 care of the rest of the form. 19 MR. : This is Special Agent 20 . I'm signing as the witness, and dating 21 it. 22 MR. : All right. Before 23 starting the interview, I would like to place 24 you under oath. Mr. N'Diaye, can you please 25 raise your right hand? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: MR. truth and nothing interview? MR. N'DIAYE: MR. your current home MR. N'DIAYE: MR. birth? MR. N'DIAYE: MR. MR. MR. MR. MR. of your social securit MR. N'DIAYE: 11 Ym-hmm. : Do you swear to tell the but the truth during this I do. Thank you, sir. What is address? And what is your date of And what -- Jesus Christ. -- what is the -- I'm old. -- what are the last four number? MR. Is it correct that you were interviewed regarding the Epstein matter on August 19th, 2019? MR. N'DIAYE: Yeah. MR. : Or in August of 2019. MR. N'DIAYE: I know it was some time in 12 1 August. 2 MR. Correct. Okay. How long 3 have you worked for the BOP? 4 MR. N'DIAYE: 30 years. And August, 5 September, October, November. 30 years and 6 three months. 7 MR. : All right. And what is 8 your current position with the BOP? 9 MR. N'DIAYE: I'm the Warden at FCI Fort 10 Dix. 11 MR. : Okay. And what are your 12 -. You are the warden, you said? 13 MR. N'DIAYE: Yes. 14 MR. : Were you previously a 15 regional director? 16 MR. N'DIAYE: I was the deputy regional 17 director in Philadelphia. 18 MR. : And how long have you 19 been the warden at FCI Fort Dix? 20 MR. N'DIAYE: About two or three weeks. 21 Two weeks. 22 MR. Oh, so -- 23 MR. N'DIAYE: Yeah. 24 MR. -- it's a brand -- 25 MR. N'DIAYE: Yeah. EFTA00064313 13 1 MR. -- new position? 2 MR. N'DIAYE: It just got there. Yeah. 3 MR. : Okay. How long were you 4 the deputy regional director? 5 MR. N'DIAYE: I got it in February. 6 MR. : Okay. 7 MR. N'DIAYE: Of 2021. 8 MR. : Okay. And as the deputy 9 regional director, what were your duties and 10 responsivities? 11 MR. N'DIAYE: Monitoring he activities of 12 the 20 institutions in the region, and, you 13 know, managing the administratives within the 14 northeast region, and, you know, showing that 15 institutions were running in an orderly 16 fashion. 17 MR. : Now, did you supervise 18 the various wardens at those institutions? 19 MR. N'DIAYE: Yes. I was over there. I 20 was the rating official on some of the 21 evaluations. 22 MR. : And were you a warden 23 prior to that position? 24 MR. N'DIAYE: Yes, I was. 25 MR. Where were you a warden? 15 1 you familiar with inmate Jeffrey Epstein, who 2 was housed within the MCC in July and August of 3 2019? 4 MR. N'DIAYE: Yes. 5 MR. : Yes. Okay. Great. What 6 I have here is an after-action report that was 7 written by the BOP. 8 MR. N'DIAYE: Nn-hmm. 9 MR. : Have you seen this? 10 MR. N'DIAYE: I have not seen that. 11 MR. : All right. So, this is 12 not something that you are actually familiar 13 with? 14 MR. N'DIAYE: No, I am not. 15 MR. : No one discussed any 16 findings or anything like that with you? 17 MR. N'DIAYE: No one. 18 MR. : All right. I'm going to 19 set this aside just in case we need to, you 20 know, reference it. So, no role in the after- 21 action report? 22 MR. N'DIAYE: Nothing. I wasn't 23 interviewed. I wasn't spoken to. 24 MR. : All right. Do you know 25 of anybody interviewed, or I mean, talked to 14 1 MR. N'DIAYE: In New York. MCC. The 2 Metropolitan Correctional Center in New York. 3 MR. : And how long were you a 4 warden there? 5 MR. N'DIAYE: I came from May of - '17, 6 '18 - May of '18 until, I forget the date, in 7 2020. I for it was. 8 MR. : Okay. So, May 2018 to 9 some time in 2020 -- 10 MR. N'DIAYE: Yeah. 11 MR. : -- when you became the 12 regional director? 13 MR. N'DIAYE: No. The position 14 MR. : Yeah. 15 MR. N'DIAYE: -- prior to that, I was 16 given -- 17 MR. Okay. 18 MR. N'DIAYE: -- was a liaison to the 19 regional director. And then, I went into the 20 deputy position. 21 MR. Okay. Sounds good. And 22 August of 2019, though, were you a warden at 23 the MCC New York? 24 MR. N'DIAYE: Yes, I was. 25 MR. Thank you, sir. And are 16 1 and at least about, like, providing the 2 information that they utilized to this report? 3 MR. N'DIAYE: No. 4 MR. : No. Okay. Fair enough. 5 After the incident occurred, what was your role 6 with determining what happened and what didn't 7 happen after Epstein was found on August 10th, 8 2019? 9 MR. N'DIAYE: Well, I responded to the 10 institution. At the time, when I got there, he 11 was at the hospital. So, I didn't go up to the 12 unit, as far as - because it was a crime scene, 13 and I've always been trained, if it was a crime 14 scene, if you weren't particularly there, the 15 least amount of people that, you know, that go 16 through that crime scene, just don't go into 17 it. So, I didn't go into it, but you know, 18 basically gathering information on what 19 happened, notifying the region, notifying the 20 FBI. The IG. 21 MR. : (Indiscernible *00:09:28). 22 He's already got that phone call. 23 MR. N'DIAYE: Oh. 24 MR. : Oh, yeah, you know what I 25 mean? Jeffrey Epstein -- EFTA00064314 17 1 MR. : Mm-hmm. 2 MR. like, fuck it, I'm going to 3 sell. Oh, okay. 4 MR. N'DIAYE: Yeah. 5 MR. : That's why we do it for the 6 next six months. 7 MR. N'DIAYE: So, there was a lot of 8 notification on what happened. Trying to find 9 out the status of inmate Epstein. And things 10 more alon those lines. 11 MR. : Now, did you help with 12 gathering information, up until a certain 13 point, and then, were you told not to anymore, 14 or did you continue to gather -? 15 MR. N'DIAYE: No, like, my boss was 16 calling me the regional director. They needed 17 information. You know, starting a timeline on 18 what happened. So, I had my executive 19 assistant there, and, you know, we would just 20 gather any information, and just, you know, 21 making sure that, you know, things that were 22 requested were being provided to them, any 23 information. 24 MR. : And who was the regional 25 director at the time? 1 MR. N'DIAYE: It was 2 time. 3 MR. : Okay. 4 your executive assistant? 5 MR. N'DIAYE: 6 *00:10:21 7 MR. 8 MR. 9 MR. N'DIAYE: 10 MR. : Now, as part of our 11 investigation, we have to review everyone's 12 emails, with regard to the incident. 13 MR. N'DIAYE: Right. 15 you provided o, you mentioned that Mr. with timelines -- MR. : S 14 16 MR. N'DIAYE: Yeah. 17 MR. : -- and things like that. 18 So, these are just some timelines from - again, 19 Mr. Epstein, I believe, was found around 6:33 20 a.m. 21 MR. N'DIAYE: Mm-hmm. 22 MR. : In the Special Housing 23 Unit. This is a timeline starting with, it 24 looks like, August 10th, 2019, at 11:04 a.m. 25 So, a few hours after the fact. It just says, Oka 7 18 at the And then, who was (Phonetic Sp. 19 1 it says, "See below. Just to ensure you know 2 what is being relayed to DOJ." Now, is this -. 3 And then, what I have behind it is, these are 4 different timelines that are all updated 5 throughout the day. 6 MR. N'DIAYE: Mm-hmm. 7 MR. : Here is one that was at 8 2:21 p.m. Same date. And then, the next one 9 was 3:42 p.m. And the next one was August 10 12th. And then, the final one that we have is 11 the August 13th. So, do these look like the 12 timelines that you would have beeiliiiiering 13 information and providing to Mr. 14 MR. N'DIAYE: Okay. It looks like it. 15 MR. : Now, where were you 16 actuaiiiiiiiiining this information from? You 17 said was obtaining it for you? 18 MR. N'DIAYE: He was the exec, we recall, 19 and in that, I'm not too familiar on the 20 specifics on how we get it, because there was 21 so much goin on. 22 MR. : Mm-hmm. 23 MR. N'DIAYE: That, you know, I don't 24 recall if it was from the logbooks, or, you 25 know, calling around and trying to find out. 20 1 So, I doniiiiiiiiiirecall the specifics. 2 MR. : All right. Well, rather 3 than get into each one of these, because it 4 will take too long, I'll just do the very first 5 one. It says, it just says, "7/23/2019, at 6 1:27 a.m., Epstein found in fetal position in 7 cell, breathing, but would not acknowledge 8 staff initially." So, that is referring to the 9 first initial attempt that Epstein may have had 10 on his life? 11 MR. N'DIAYE: Let me see which one. Are 12 we talkiniiiiiiiiilof, or -? 13 MR. : No. This is -- 14 MR. N'DIAYE: This is July. 15 MR. : -- yeah, July, 16 (Indiscernible '00:12:40) 27. 17 MR. N'DIAYE: Oh, no. This is July. 18 MR. : Yeah. 19 MR. N'DIAYE: This is the -- 20 MR. : So, this is 21 MR. N'DIAYE: -- no, the -- 22 MR. : -- timeline. 23 MR. N'DIAYE: -- this would -. We would 24 have probably got this from the SIS 25 investigation. the -- EFTA00064315 21 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. Okay. MR. N'DIAYE: From that. I thought you were referring to the actual suicide. This is MR. No. What I meant was -- MR. N'DIAYE: -- this is -. MR. -- just the information that was all ut in there, as far as -- MR. : This was his first attempt. MR. -- well, it's everything. So, so, it starts July 23rd. The next one is July 29th. And it goes 8/9/2019. And then, and then, until -. So, it's only - there is only a few. That's why I was going to read it, just because there is only, like, three paragraphs, four or five, four or five paragraphs. MR. N'DIAYE: So, this looks to me like we send the information to the regional director - MR. Mm-hmm. MR. N'DIAYE: -- and what he did was, compile this information to send to DOJ. MR. : Okay. Oh, you're right. MR. N'DIAYE: Yeah. 1 MR. 2 MR. N'DIAYE: This is not -- 3 MR. -- sent this to you. So, 4 he is saying -- 5 MR. N'DIAYE: -- yeah, this thing. 6 MR. : -- "see below -- 7 MR. N'DIAYE: Right. 8 MR. : -- just ensure you know." 9 MR. N'DIAYE: so, this is compiled off of 10 several different documents -- 11 MR. : Okay. 12 MR. N'DIAYE: -- which he condensed. 13 MR. : So -- 14 MR. N'DIAYE: From -. 15 MR. : -- he sent it to you. 16 I'm sorry. I read that incorrectly. So, 17 looking at this, then, let's just review it and 18 make each point, just make sure that it's what 19 you understand. It says, "On July 23rd, 2019, 20 Epstein was found in a fetal position in cell, 21 breathing, but would not acknowledge staff 22 initially." 23 MR. N'DIAYE: Right. 24 MR. : "After removed, he 25 interacted with staff and speaking to staff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 Neck was red. Placed on suicide watch, and medical evaluation. Epstein receive daily psychological evaluations while on suicide watch." Was that your recollection, too? MR. N'DIAYE: Yeah. That is what is in the report. But I want to -- MR. : Sure. MR. N'DIAYE: -- clarify what we went -. You know, when I, when you first read it to me MR. Mm-hmm. MR. N'DIAYE: -- I thought you meant the day of. MR. Yup, yup. MR. N'DIAYE: So -- MR. Well, we have that, too. That's -- MR. N'DIAYE: Right. MR. : -- that one is here. And this one is from you, and this is what I thought it was starting with, as well. MR. N'DIAYE: Right. MR. : Because it said timeline on it. From you to Mr. . This initial one actually talks about Friday, August 9th, 24 1 2019. It starts with, "8:00 a.m., inmate 2 reg number 85993-054 departs for 3 court. WAB-USMS-SDNY. is Epstein's 4 cellmate." 5 MR. N'DIAYE: Right. 6 MR. : So, just starting with 7 that, then, I do have, we're going to get into 8 that later, but what does that tell you, if it 9 says inmate is departing for court, but 10 it also says WAB-USMS-SDNY? 11 MR. N'DIAYE: So, that would mean With All 12 Belongings. 13 MR. : So, that means he's not 14 returning. Correct? 15 MR. N'DIAYE: Yes. 16 MR. : All right. So, at 8:00 17 a.m., is actually leaving, not 18 coming back to the MCC. 19 MR. N'DIAYE: Mm-hmm. 20 MR. : All right. Great. And 21 then, it just goes on from there, what happens 22 throughout that day. And we're going to get 23 into these things more in detail, so I don't 24 want to go through each thing, because we're 25 going to have to get into it later. But so, EFTA00064316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 this information is stuff that you guys were ail ing, and you were providing to Mr. MR. N'DIAYE: That would probably be information that we sent up to him. MR. : Okay. Great. And then, this is all the updates that occurred afterwards. Let's see. Why is that highlighted? So, here is something. Do you know why in this one, it would be updated? This one is 7:00 p.m., 7:00 p.m., and then, "7:32 a.m., PIO notified of incident by the warden." Is that just, put that in the wrong place or something, and it says, "Inmate IIIII released from court." MR. N'DIAYE: (Indiscernible *00:16:27). MR. : (Indiscernible *00:16:30) just in the wrong spot. It was made for August 10th. MR. N'DIAYE: Mm-hmm. (Indiscernible *00:16:34). MR. Yeah. Okay. So, the next one, that is the big discrepancy here. It just shows the next update, you have that under August - or Saturday - August 10th. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. N'DIAYE: This can't be -. This doesn't make -. I don't know. Because it says, "PIO notified of incident by the warden." I was off that day, on Friday. I wasn't at work. MR. : Yeah. So, that's why I think that they -. So, the next one I'm looking at shows that that point is now under Saturday, August 10th. MR. N'DIAYE: Yeah. I don't know why it would be -- MR. So -- MR. N'DIAYE: -- under Friday, because I wasn't -- MR. -- yeah. Okay. MR. N'DIAYE: -- I wasn't working. MR. So, you were actually off MR. MR. MR. MR. everyone MR. MR. N'DIAYE: I was off -- -- off on August 9th? N'DIAYE: -- on Friday. Yes. All right. You and else. N'DIAYE: Huh? Everybody was off that 27 1 day. 2 MR. N'DIAYE: Yeah. I didn't come back to 3 work until, when I got called, there was a 4 suicide aiiiiiiiiiiiscernible *00:17:28). 5 MR. : Okay. So, all of this. 6 So, if I can have that back, if you don't mind. 7 So, all of this. All right. Is it safe to 8 assume that, as this went on, and specifically, 9 the last one that we have is Tuesday, August 10 13th, 2019. The Tuesday 13th, August 13th, 11 would be the most accurate timeline? 12 MR. N'DIAYE: It should be, but I don't 13 want to attest to it. I mean -- 14 MR. : Yeah, yeah. 15 MR. N'DIAYE: -- yeah. 16 MR. : I'm just saying, based - 17 is there any reason for you to believe that the 18 timelines that were provided, or in any way, it 19 was determined that, you know, we should add a 20 point that actually didn't occur? Or is it 21 safe to assume that, the last one that was sent 22 would be the most accurate one? 23 MR. N'DIAYE: That's how it typically 24 works. At, you know, but I can't, I can't 25 attest to it -- 28 1 MR. And yeah. 2 MR. N'DIAYE: -- of whether it was 3 accurate, but typically, the last one that you 4 send usually, you know, if you have to make 5 corrections, you make the corrections. And 6 information if ou have to. 7 MR. : Sure. Okay. Great. 8 When I show you things, it's not attesting to 9 it, but -- 10 MR. N'DIAYE: Mm-hmm. 11 MR. : I'm going to ask you 12 just to initial and date, and that's just to 13 say, specifically, that this is the document we 14 looked at, and when we spoke. It is absolutely 15 not attesting to it. 16 MR. N'DIAYE: Mm-hmm. 17 MR. It's not saying that this 18 stuff is accurate. 19 MR. N'DIAYE: And so, I write the date -- 20 MR. If you could -- 21 MR. N'DIAYE: -- and put reviewed on it, 22 or -? 23 MR. nope. lust your 24 initial and date. I'm just going to do this 25 last one, just the top of it. I'm not going to EFTA00064317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 have you do every single one. And I'm going to put this in a pile, back in a paper clip, and I'm going to hand it to my friend over here. MR. N'DIAYE: What's the date? The 18th? MR. : 27th. MR. N'DIAYE: 27th. MR. 10/27/21. MR. : Thank you, sir, for initialing and dating that. All right. I'm going to just actually, because it's the timeline, I'm going to keep it in front of me because we might have to reference it. MR. MR. MR. ass interview. MR. : It's going to be pretty long. That's where I was trying to -- MR. : Yeah. Just -. MR. : -- you know? All right. So, July 23rd incident. That was, what do you recall what happened on July 23rd with inmate and Mr. Epstein? Do you recall? MR. N'DIAYE: I recall the investigation that couldn't determine if they had an : I can tell -- : All right. -- this is going to be a long- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 30 altercation, or I believe if it was an attempt at suicide. MR. : All right. So -- MR. N'DIAYE: Yeah. MR. : -- so, something happened on the July 23rd -- MR. N'DIAYE: Something happened -- MR. : -- where Mr. -- MR. N'DIAYE: -- in his cell. MR. : -- Epstein was found with, like, a - was it a noose around his neck? MR. N'DIAYE: It wasn't determined. It was, you know, that he was laying in his cell, but I don't recall the specifics of the report. But I know it went back and forth where there was a suicide attempt, or an issue with inmate MR. MR. N'DIAYE: -- with - yeah - Yeah. MR. : All right. So, these are 22 emails that we reviewed with regard -- 23 MR. N'DIAYE: Mm-hmm. 24 MR. : -- to that incident. 25 MR. N'DIAYE: Mm-hmm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 MR. So, this one is lacifically from, it says IIIII. Was that -- MR. N'DIAYE: Yeah. MR. : -- your AW? MR. N'DIAYE: That is the AW. MR. : Send it to you? MR. N'DIAYE: Right. MR. And this is a memo from, it says Mr. is the operations lieutenant. MR. N'DIAYE: Yeah. Lieutenant. She's a female. MR. : Right. This is where I wanted to ask you if you knew -- MR. N'DIAYE: Mm-hmm. MR. : -- about this. It specifically says, so, it was original.. uess, sent from Captain to AW MR. N'DIAYE: Mm-hmm. MR. -- from to you. MR. N'DIAYE: Mm-hmm. MR. And her note to you says, 32 1 "From the memo attached, the information I 2 received is not what I was told happened." 3 MR. N'DIAYE: Right. 4 MR. : So, what I wanted to know 5 is, and I guess, would you like me just to 6 refresh your memory, to really quickly read 7 what she said happened, so we can figure out 8 what it is that didn't happen? 9 MR. N'DIAYE: Okay. Yeah. 10 MR. : All right. So, this is 11 subject, "Possible suicide attempt." Again, 12 July 23rd, 2019. It says, "On July -". Let me 13 just sit back so you can just kind of read 14 along with me. Would you mind if I sit next to 15 you? 16 MR. N'DIAYE: No. No problem. 17 MR. : I'm vaccinated, just so 18 you know. It says, "On July 23rd, 2019, at 19 approximately 1:27 a.m., a call for assistance 20 on the Special Housing Unit was announced by 21 the control center. Upon my arrival, I was 22 informed that an inmate had attempted suicide 23 and proceeded to cell ZOS-124LAD. I observed 24 inmate Epstein, Jeffrey, number 76318-054, 25 lying in the fetal position on the floor of his EFTA00064318 33 1 cell, wearing a t-shirt and boxers. 2 He was breathing heavily, and was snoring. 3 I called out to inmate Epstein and observed him 4 flicker his eyes, and continued snoring. His 5 neck was red with no abrasions. I observed no 6 further injuries to his person. An attempt was 7 made to get the inmate to stand on his own, 8 with negative results. The inmate was placed 9 in hand restraints, and staff was directed to 10 retrieve the stretcher. 11 As inmate Epstein was being placed on the 12 stretcher by responding staff, he would open 13 his eyes and observe staff. When staff made 14 eye contact with him, he would hurriedly shut 15 his eyes. The inmate was taken to HA-Unit." 16 Was it that? The health care? 17 MR. N'DIAYE: Health. Health Services. 18 MR. : "Dressed in a suicide 19 smock, and placed on suicide watch. While 20 awaiting the arrival of an inmate companion, 21 inmate Epstein sat on the IIII of the bed and 22 began moving forward, as if was attempting to 23 fall over, head first. When I looked away, he 24 straightened up. As I turned to look at him 25 again, he attempted the same act. I laid him 34 1 down on the bed, and directed him to cease his 2 action or he would be placed in restraints for 3 his safety. 4 At that moment, he stated, 'Okay. I won't 5 do it again.' And gave the thumbs up. Because 6 of his unpredictable behavior, the decision was 7 made to have the staff member observe inmate 8 Epstein. I had left HA-Unit in order to make 9 staff notifications. Moments later, I spoke 10 with Officer , who stated that Inmate 11 Epstein was alert and had indicated that his 12 cellmate, , number 78514- 13 054, had attempted to kill him, and had been 14 harassing him. 15 He stated that the inmate had indicated 16 that he had informed his attorney of this 17 matter. I photographed and spoke with inmate 18 , who stated that he was 19 asleep with his headphones on when he felt 20 something hit his legs, and said, 'IIII. What 21 are you doing?' He didn't answer. So, he got 22 up, turned on the light," or - so, yeah - "He 23 got up, turned on the light, and saw him with a 24 string around his neck. 25 He stated that he then called the guards, 35 1 and the ran down. Upon further questioning, 2 inmate stated that he sleeps on the 3 bottom bunk, but gave it to inmate Epstein 4 because he's old. He stated that he sleeps on 5 the floor, on a mattress. He stated that, when 6 he got up, he couldn't remember if he sat up or 7 stood up to check on Epstein. He stated that 8 Epstein was sitting on the floor, leaning to 9 the side, with his eyes opened, but wasn't 10 responding. 11 He stated that the last time he saw him, 12 he was snoring really loud. Inmate Epstein 13 stated that he comes in from a legal visit at 14 approximately 8:00 p.m., and staff handed him a 15 copy of the daily news. was on the floor 16 reading the daily news. He stated that he had 17 given it to him. He stated that 18 mentioned that he had been in court all day, in 19 Westchester (Phonetic Sp. *00:25:00), and was 20 carrying on. 21 At that point, inmate paused, 22 as if he was making the stor u as he went 23 along, and stated that stated, 24 'These fucking N-I-G-G-E-R-S. This place is 25 inhumane. I wish I could report it. 36 1 Officer, that N-I-G-G-E-R, hobbit 2 motherfucker.' He then turned to a page in the 3 daily news that had his picture on it, and 4 stated that Epstein was worth 77 million 5 dollars. 6 Epstein then stated that he took his 7 picture, balled it up, and threw it in the 8 garbage. I asked inmate Epstein what happened 9 prior to staffs arrival. He stated that at 10 approximately 1:00 a.m., he had gotten up to 11 get a drink of water, as he gets up every 30 12 minutes. He remembered walking back to his 13 bunk, and waking up with staff there, in his 14 cell. I asked if he had waken up and seen 15 staff, why didn't he respond when we were 16 calling out to him. 17 He stated that he only remembered hearing 18 himself making a noise like snoring. When 19 asked about the allegations against his 20 cellmate, he stated that he was told if he hurt 21 him, staff wouldn't care. Duty medical doctor 22 -" how do you pronounce that name? 23 MR. N'DIAYE: 24 MR. . "Was 25 notified and briefed. It was determined that EFTA00064319 37 1 no further medical attention was needed. A 2 medical assessment was not conducted at the 3 time of this incident, due to the fact there 4 was no medical staff available after 10:00 p.m. 5 Upon their arrival of medical staff, inmate 6 Epstein was examined and treated by M-L-P-Y." 7 MR. N'DIAYE: 8 MR. 9 "For a circular line of arrythmia, at the base 10 of his neck. One section on the front, with 11 marks of friction, and a small arrythmia on his 12 left knee." So, sorry that that was so 13 lengthy. But so, again, the question would be, 14 is this, does anything in here strike you as 15 inaccurate? 16 MR. N'DIAYE: No. 17 MR. : So, when 18 says that in the attached memo, "The 19 information I received is not what I was told 20 happened." Do you know what she is referring 21 to? 22 MR. N'DIAYE: I think she - if I recall - 23 that she told, that said that it was an 24 attempted suicide, but then she got any 25 additional information that it might have been 38 1 Epstein and having an issue in his 2 cell. 3 MR. And what, and my 4 understanding is that SIS came up with 5 inconclusive findings. 6 MR. N'DIAYE: In the investigation. 7 MR. What is your belief that 8 happened? 9 MR. N'DIAYE: I can't speculate. 10 MR. : You don't -. 11 MR. N'DIAYE: I don't want -. I mean, I 12 don't know, you know, with the injuries on the 13 neck, I don't know if it was a suicide, and I 14 don't know, based on Epstein's statement, that 15 was something done to him. So, couldn't prove 16 what it was. 17 MR. : Okay. And is it, is 18 there any reason for us to know or believe that 19 it was one or the other, though? I know you 20 are trying not to speculate, but -. 21 MR. N'DIAYE: I mean, I would, you know, 22 you have there be the medical department, who 23 did an assessment, and, you know, typically, 24 you could say you come to a conclusion from 25 injuries, from physical injuries, but we 39 1 weren't even able to do that. 2 MR. : So, according to the 3 medical assessment, your understanding is that 4 they weren't able to tell if someone -? 5 MR. N'DIAYE: That, from what I - if I can 6 - and I don't know - I read it - but I don't 7 know -. I remember on the report, they were 8 unable to conclude what would, you know, what, 9 what -. Did he attempt suicide, or was he 10 assaulted? 11 MR. : And were you satisfied 12 with that response, or did you think that they 13 missed something? 14 MR. N'DIAYE: I think they looked into it. 15 And I think it was, you know, you couldn't look 16 into it an further. I mean, either -- 17 MR. : Okay. 18 MR. N'DIAYE: -- it was a suicide, or it 19 was assault_i)slie separated them. 20 MR. IIIIIIIIII: Okay. But there is -. 21 So, it didn't say, like, keep digging, or you 22 weren't, you know -? 23 MR. N'DIAYE: I mean, they interviewed 24 them. They asked the questions. You had the 25 medical assessment. So, I don't know what 40 1 other -- 2 MR. Sure. 3 MR. N'DIAYE: -- conclusions could have 4 been drawn from it. 5 MR. : And what happened with 6 inmate Epstein after July 23rd? Or on July 7 23rd. 8 MR. N'DIAYE: I don't specifically 9 remember what happened. I know we separated 10 the both of them. He wasn't - and then, I know 11 he was on suicide watch. They placed him on a 12 watch. And then had psychology talk to him. 13 MR. : Okay. So, just so, that 14 is just so you know, if you don't mind just 15 initialing and dating that one, that we just 16 read. Ok2y, So, this next one is from 17 Charisma IIII to a 18 (Phonetic Sp. *00:30:05). 19 MR. N'DIAYE: She's a psychologist. 20 MR. : Okay. And then, with 21 UCC. 22 MR. N'DIAYE: Right. 23 MR. : It says, "SW, 24 chronological log, re: Epstein." It says, 25 "C.O. was assigned to staff watch. EFTA00064320 41 42 1 However, the wrong book was used. I am 2 companion log, in lieu of staff suicide watch 3 log." 4 MR. N'DIAYE: Mm-hmm. 5 MR. : Was that something 6 normal? Was that an easy mistake? 7 MR. N'DIAYE: yeah, I could see it 8 happening because we have a log that the 9 inmate, you have an inmate companions that 10 watch inmates. So, they use the log. And 11 then, you have, if staff are going to sit on 12 someone, then they use a certain log. But the 13 fact that, you know, the documentation took 14 place, it was just, you know, it was just an 15 error. 16 MR. : Okay. 17 MR. N'DIAYE: But they did document, so. 18 MR. : Now, C.O. . Is 19 this Michael Thomas that you, are aware? 20 MR. N'DIAYE: I had two . I don't 21 know which one it was. 22 MR. : Okay. So, if I tell you 23 it was -- 24 MR. N'DIAYE: No, no, no. It had to be 25 Officer , because if it was C.O. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. officer. MR. Thomas. speaking MR. MR. MR. MR. MR. MR. MR. N'DIAYE: Where does it show that he started his shift? Because usually, when you come on stifl,_ypy_write -- MR. IIIIIIIIII: This is what -- MR. N'DIAYE: -- the name. MR. : -- was attached to that email. MR. N'DIAYE: Yeah. Typically, when you start your shift, your start off, you know, he would have been - his title is material handler. MR. : Okay. So, you don't believe it was actually Michael Thomas? N'DIAYE: No. I think it was the It was Mr. Michael Just from our records and from N'DIAYE: Okay. -- with Mr. Thomas. N'DIAYE: Can I see the log Sure. N'DIAYE: -- how he opened the log? That is correct, right, 43 1 you're putting your name, if you are relieved, 2 or you assume suicide watch. 3 MR. : So, here is the next 4 email, so you might be able to show me an 5 example of what you are referring to. It's 6 this email, is it the same thing you were CC'd, 7 and this is, like, maybe this is the real log 8 that maybe he should have been using. But 9 here, it shows all the other logs. 10 MR. N'DIAYE: So, this is -. 11 MR. : Hmm. 12 MR. N'DIAYE: See, this is what I mean by 13 when someone comes on duty, but this is what 14 they leave -- 15 MR. : This is the -. 16 MR. N'DIAYE: -- they mix the book up. 17 But they must have wrote it in the suicide log. 18 But typically, when you come on, let's say the 19 shift starts at 8:00, you will state your full 20 name, as assumin the duties. 21 MR. : Okay. 22 MR. N'DIAYE: And you typically say who 23 you relieved on there. 24 MR. : All right. So, it looks 25 like they maybe didn't fill it out correctly. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 MR. N'DIAYE: They didn't fill it out correctly. MR. : And so, our investigation shows that it was Michael Thomas -- Okay. -- that was on him on the MR. N'DIAYE: MR. 23rd. MR. N'DIAYE: Mm-hmm. MR. : And that wasn't an "I gotcha," whatsoever. My question was actually, Michael Thomas is the one that actually found him on August 10th. Correct? MR. N'DIAYE: Yes. MR. : And is that suspicious at all to you, that he was the one that was watching him on suicide watch, and then that he is the one that found him on the 10th? MR. N'DIAYE: No. I mean, typically, we had so much overtime in the institution, that - and we go by when you sign up for it. So, there is a program that you sign up for, and I don't know how the lieutenant did. They might have called them, then he signed up for it. So, I don't know. I can't say if it was suspicious or not. EFTA00064321 45 1 MR. Sure. And then, all 2 these documents that we're reviewing right 3 here, on these two emails, what are they? 4 MR. N'DIAYE: Which one? 5 MR. : Both of them. 6 MR. N'DIAYE: The suicide watch log? 7 MR. : Yeah. So, is this 8 suicide watch log, as well as this? 9 MR. N'DIAYE: Yeah. The suicide 10 observation log, and this is appears to be the 11 cover of ::)gLoctc for suicide watch. 12 MR. IIIIIIIIII: Perfect. 13 MR. N'DIAYE: Okay. 14 MR. : All right. Do you mind 15 just initial and dating this? And again, these 16 aren't trick questions -- 17 MR. N'DIAYE: Okay. 18 MR. : I just don't want to, 19 like, put answers in your -. If I think it is 20 something, but maybe it's not, you might be 21 able to tell me what it actually is. 22 MR. N'DIAYE: This one, too? 23 MR. : Yes, please. Thank you, 24 sir. And this is, this says psych ops. So, 25 this is another one of those emails. This one 46 1 is from MI to you. Also dated August 10th, 2 2019. It says, "Psych ops is discontinued on 3 7/30/2018." I think she means 2019. Correct? 4 MR. N'DIAYE: Mm-hmm. 5 MR. : At 8:15 a.m. 6 MR. N'DIAYE: Mm-hmm. 7 MR. : So, is this also part of 8 the suicide watch log? 9 MR. N'DIAYE: That is a log you would also 10 use. 11 MR. : Okay. Great. And does 12 it say in there, I guess right here, "8:15 13 a.m., psych observation is being 14 discontinued."? 15 MR. N'DIAYE: Yes. 16 MR. : Okay. Awesome. Dia 17 mind just initial and dating this? And 18 as I am giving these to you, can you try to 19 keep these in order with regard to -- 20 MR. just been stacking them. 21 MR. : -- making a note. Don't 22 stack them on tip, though, keep them, like, 23 bundled together, so we know this is psych. 24 This is, like, the psych observation logbook. 25 MR. : Okay. 47 1 MR. So, if you can keep them, 2 and then write a note on them. 3 MR. • Okay. 4 MR. So that when we are -. 5 After this thing is transcribed, we can keep 6 things in order. This one is regarding the 7 first attem t and the one we read from 8 . And can you tell me, sir, what 9 this is? This is July 30th. So, it is that 10 same date that he came off of -. What am I 11 looking at here? 12 MR. N'DIAYE: So, this is -. Date, name, 13 signature. Inmate name. Reg number. This is 14 -. Is this a entrance log to the Special 15 Housing Unit? 16 MR. I'm not sure. That's 17 what I'm saying. 18 MR. N'DIAYE: I'm just, I don't know. It 19 might be an entrance log. This is 7/30. 20 MR. : These are all dates, but 21 at least up until 7/30, that he was in the 22 Special Housing Unit, but this says J. Epstein. 23 So, I don't know if he would sign himself in. 24 MR. N'DIAYE: No, no. 25 MR. So -. 48 1 MR. N'DIAYE: I don't know. It might be 2 an entrance -- 3 MR. : Or is it to the attorney 4 visits or something? 5 MR. N'DIAYE: -- it might be attorney 6 visits. Let me see. 7/30. G tall (Phonetic 7 Sp. *00:36:57). Signature. Inmate name. 8 Name. This might be an attorney log. Name. 9 Fall. Signature. Yeah. This might. This is 10 probably an attorney -- 11 MR. : Mm-hmm. 12 MR. N'DIAYE: -- the log into the attorney 13 room. I think that's probably it. 14 MR. : Here is Epstein again. 15 It shows 7/30, 7/30, 7/30. 16 MR. N'DIAYE: The different attorneys. 17 He, you know, he could have had one attorney 18 that comeiliiiiiiiii in the morning -- 19 MR. : Okay. 20 MR. N'DIAYE: -- and then, any time a new 21 one comes in, they have to sign in, saying who 22 you came to see. 23 MR. Okay. 24 MR. N'DIAYE: So, he had multiple -- 25 MR. So, this is -- EFTA00064322 49 1 MR. N'DIAYE: -- (Indiscernible 2 *00:37:46)________ 3 MR. IIIIIIIIII: -- an attorney log. 4 MR. N'DIAYE: This is an attorney log. He 5 usually had multi le attorneys. 6 MR. : So, it wasn't Epstein 7 signing his name. They are -- 8 MR. N'DIAYE: No, no. 9 MR. : -- saying they were 10 visiting this person. 11 MR. N'DIAYE: Whoever comes and visits has 12 to put who -- 13 MR. Okay. 14 MR. N'DIAYE: -- they are visiting. 15 MR. So, the visitor logs were 16 for attorneys. 17 MR. N'DIAYE: Attorneys. Yeah. 18 MR. : All right. Yousilqjust 19 initial and dating that? And again, IIIIII, if 20 you want to write on here, just -- 21 MR. Okay. 22 MR. : -- attorney logbook 23 visit. So, again, so that we can keep track of 24 what it is these things are. Now, is this the 25 same thing we just looked at? This looks like, so 1 again, it says, "Inmate companion assumed 2 duties from staff on 7/23/19, at 7:00 until 3 7/24/19, at 8:45 a.m. Epstein was transferred 4 to psych observation on 7/24/2019, at 8:45 a.m. 5 until 7/30/2019 at 8:15 a.m. Inmate companion 6 was utilized." 7 MR. N'DIAYE: Mm-hmm. 8 MR. : So, this one says July 9 23rd, 24th. And this one, again, suicide watch 10 chronological log. 11 MR. N'DIAYE: Mm-hmm. 12 MR. : Inmate companion logs. 13 Does this tell you anything more about Michael 14 Thomas, or anything different? What is this? 15 This one is the PP-37. What does that tell us? 16 That's just he's on it? 17 MR. N'DIAYE: Yeah. It just says, you 18 know, (Indiscernible *00:39:01), let me see. 19 You got category. I don't know what the MDS 20 is, but typically, it's an assignment. Like, I 21 could put in and do a PP-37 and say where he 22 was housed at. So, I could put quarters. So, 23 this must be a medical term. Concerning his 24 medical status. 25 MR. Okay. Great. And then, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 this is the first page, it looks like, of the logbook. Does this tell you -- MR. N'DIAYE: Mm-hmm. MR. : -- anything different than what we looked at before, or is this the same thing? MR. N'DIAYE: It's the same. It's an inmate suicide watch -- MR. : Okay. MR. N'DIAYE: -- log. MR. : So, it doesn't say Michael Thomas on it, it just -- MR. N'DIAYE: No. It says inmate companion was watching him. MR. : Okay. You said inmate -. Oh, so, this is an inmate companion instead of MR. N'DIAYE: Yeah, yeah. MR. : -- the actual. Okay. MR. N'DIAYE: You have -- MR. : I got you. So, whatever, does it tell us which, who the inmate was, that was his companion? MR. N'DIAYE: Inmate companion (Phonetic Sp. *00:39:51), and it has his number 52 1 right there. 2 MR. Okay. Great. 3 MR. N'DIAYE: Assumed responsibility for 4 inmate Epstein on -. 5 MR. : Perfect. 6 MR. N'DIAYE: So, that's why I was telling 7 you, the staff one should read just like that, 8 too. 9 MR. : All right. So, this one 10 is 7/23 is the actual inmate that was -- 11 MR. N'DIAYE: Mm-hmm. 12 MR. : Epstein's companion on 13 7/23 until 7/24. Do you mind just initial and 14 dating that? 15 MR. : And this is right after the 16 incident. The first incident, right? 17 MR. : This is - so, July 23rd 18 or the 24th - yes, this is when he was on 19 suicide watch, not on observation. 20 MR. N'DIAYE: Mm-hmm. 21 MR. : And this is that, it 22 looks like this one is, again, it's from you to 23 Mr. 24 MR. N'DIAYE: Mm-hmm. 25 MR. It says psych ops/suicide EFTA00064323 53 1 watch. And it looks like it's the difference 2 between the two. 3 MR. N'DIAYE: Right. 4 MR. : In laymen's terms, what 5 is the difference between suicide watch and 6 psychological observation at the MCC, during 7 this time period when Epstein was on it? 8 MR. N'DIAYE: So, suicide watch is when we 9 have determined, or there is a possibility, 10 through what an individual is saying, that they 11 might cause self-harm to themselves. Psych ops 12 is, that person might not admit it, and we 13 might not have anything to say to put them on 14 suicide watch, so we just put them on what we 15 call psyciiiiiiiiilobservation. 16 MR. : And now, it was my 17 understanding -- 18 MR. N'DIAYE: (Indiscernible *00:41:11). 19 MR. : -- it's basically the 20 same thing, aside from what the inmate is 21 allowed to have, such as clothes. 22 MR. N'DIAYE: That, too. 23 MR. : Okay. So, is it same 24 unit, same room, same -- 25 MR. N'DIAYE: Same. 54 1 MR. -- same procedures? 2 MR. N'DIAYE: Yes. 3 MR. : Okay. The one thing that 4 I've learned more recently is, though, during 5 psychological observation, or I guess I should 6 ask for them. During suicide watch, as well as 7 psychological observation, is the inmate 8 allowed to have attorney visits? 9 MR. N'DIAYE: If they are on that watch, 10 no. 11 MR. : What about during 12 psychological observation? 13 MR. N'DIAYE: I think it would be the same 14 thing, that they are not allowed to have. And 15 I'm not sure. Don't quote me to it. Because 16 typically, when they are on that, we don't have 17 it. 18 MR. : Okay. Do you recall if 19 either yourself or anyone at the institution 20 was contacted by anyone, such as a judge or 21 Epstein's attorneys, asking that he be removed 22 from either psychological observation or 23 suicide watch, so that he, for any reason? 24 MR. N'DIAYE: They will always call. I 25 mean, they would. There was always a number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 subject, whether it was to place him in general populatioL__aLIdon't, you know, recall -. MR. 1111111111: Do you remember ever being called by a judge? MR. N'DIAYE: No, I don't. I don't recall. MR. MR. N'DIAYE: MR. Okay. Speaking with a judge. All right. Because that was the rumor we heard, was that a judge contacted you and said they wanted him removed from one or the other. MR. N'DIAYE: No. Judges wouldn't typically call for that. MR. : But the attorneys frequently would? MR. N'DIAYE: Yeah, frequently, they would, you know, call our legal department, saying, you know, why can't he go to general population. Why is he, you know, being housed here? And just not him, if there was any type of equipment that was requested. Those are the type of re uests ou get from the attorney. MR. : Okay. And do you know if those attorneys were made, though, when he was 56 1 on either suicide watch or psychological 2 observations? 3 MR. N'DIAYE: I don't recall that. 4 MR. : You don't recall. 5 MR. N'DIAYE: No. 6 MR. : Sure. That's fine. 7 MR. N'DIAYE: Mm-hmm. 8 MR. : Do you know - I know you 9 said that, and you didn't think that inmates 10 typically could - but do you know if Mr. 11 Epstein visited with his attorneys during that 12 time, between the 23rd and the 30th of -- 13 MR. N'DIAYE: I don't know -- 14 MR. : -- (Indiscernible 15 *00:43:28)? 16 MR. N'DIAYE: -- if he was on that status, 17 then he would not have been -- 18 MR. : You don't believe so? 19 MR. N'DIAYE: -- I don't believe so. 20 MR. : Okay. 21 MR. N'DIAYE: No. I don't believe so. 22 MR. : No problem. All right. 23 So, this, this one again. Oh, do you mind 24 initial and dating that? 25 MR. N'DIAYE: Mm-hmm. EFTA00064324 57 1 MR. : Okay, , you can 2 file that accordingly. This one just goes back 3 to that first initial timeline, that looked 4 like it may have been a little messed up. The 5 initial email from you, it looks like it's a 6 psych ops. "The logbook shows he was released 7 on July 30th. He had an attorney visit, 8 starting at 8:20 a.m. 9 MR. N'DIAYE: Mm-hmm. 10 MR. : He was there all day. I 11 will send the attorney log next." And then, 12 Mr. response was, "The timeline we 13 sent DO] says 7/29. Where did we get that 14 date?" So, are we confident that he stayed 15 until the 30th? 16 MR. N'DIAYE: He stayed until the 30th. 17 MR. : Okay. So, was this just 18 an incorrect -- 19 MR. N'DIAYE: I think that was a typo. 20 MR. : -- okay. Oh, sorry. Do 21 you mind initial and dating? 22 MR. N'DIAYE: Well, this answers your 23 previous gLiesvni. 24 MR. IIIIIIIIII: What's that? 25 MR. N'DIAYE: About being on psych ops and 58 1 seeing an attorney. He didn't go until after 2 he got off. 3 MR. : Well, it says that he had 4 an attorney visit -- 5 MR. N'DIAYE: Right. 6 MR. : -- starting at 8:20 a.m., 7 but it doesn't say if he had any prior to that 8 time. 9 MR. N'DIAYE: Right. Oh, because he was 10 released on Jul 30th. 11 MR. : Right. 12 MR. N'DIAYE: Okay. 13 MR. : So, just saying, like, 14 yeah, he was released and -- 15 MR. N'DIAYE: Mm-hmm. 16 MR. : -- he was visiting with 17 his attorneys. 18 MR. N'DIAYE: Mm-hmm. 19 MR. : And that's something 20 we've had a little bit of a conflicting 21 information. 22 MR. N'DIAYE: Mm-hmm. 23 MR. : We've heard that he 24 actually did have attorney visits during that 25 time. And we've heard that he didn't. So, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 that's why I was wondering if you would be able to clear that up at all, but you're not -- MR. N'DIAYE: Mm-hmm. MR. -- to your recollection - MR. N'DIAYE: No. MR. -- he wouldn't have? MR. N'DIAYE: Yeah. Typically, if you are on that, you're not going to have an attorney visit. MR. And just talking to psychology, they would, they said that, no, we always try to afford an inmate - they have a right to attorney visits - so, we try to afford that right. But do you think that maybe they were mistaken? MR. N'DIAYE: I'm just going from my experience, like any other of the inmates that we've had on suicide watch have not gone to an attorney visit. MR. : Okay. Now, this, speaking of psychology, that's the next point. Let me just make sure that all the information is on that incident. So, as far as , or , however it is -. 60 1 How do you think it's -? 2 MR. N'DIAYE: 3 MR. is Okay. 4 MR. N'DIAYE: Yeah. 5 MR. Okay. So, did ou have 6 any involvement with selecting as 7 Epstein's cellmate? 8 MR. N'DIAYE: We did. 9 MR. : Okay. And how was that 10 selection made? 11 MR. N'DIAYE: So, we weren't able to get a 12 whole lot of people, you know, think that how 13 we could house him to be safe. was 14 a white male. Another high-profile case. So, 15 and he is not, you know, there is this 16 misconception that he was a big hulking 17 bodyguard, but he lost over 100 something 18 pounds. So, he was smaller in stature and 19 frame. So, we said that would have been an 20 appropriate cellmate for him. 21 MR. And who made the 22 decision? 23 MR. N'DIAYE: To put them together? 24 MR. Mm-hmm. 25 MR. N'DIAYE: I did. EFTA00064325 61 1 MR. : Okay. Was it in 2 coordination with both the captain, as well as 3 Mr. ? 4 MR. N'DIAYE: Everyone - yeah - would 5 discuss it, like, you know, I, obviously, I 6 sent it up the chain, to say, look who we're 7 going to make him his cellmate, and what was 8 the reasciiiiiiiiii 9 MR. : So -- 10 MR. N'DIAYE: Yeah. 11 MR. : -- in talking with the 12 captain, his recollection was that he brought 13 the three names, you discussed it with Mr. 14 he was present for that discussion, and 15 Mr. is the only one who said, I want 16 , put him with . Do you 17 recall it to be that way, or do you recall it 18 to be -? 19 MR. N'DIAYE: Which -? Well, are we 20 talking about 21 MR. : Oh, did that happen with 22 23 MR. N'DIAYE: Well, and - what do 24 you call it? - and, there were two names. 25 So, I talked to my boss about it. They wanted 63 1 conjunction. I sent it up and told, you know, 2 the powers that be that this is who we're going 3 to be, and it came back and said, you know, 4 we're good for that. 5 MR. : Okay. Do you know what 6 was in for? 7 MR. N'DIAYE: He had - I know it was a big 8 drug case involving drug dealers, and stuff 9 like that. So, and - so, yeah, (Indiscernible 10 *00:48:452_::_ 11 MR. IIIII: Some kind of narcotics. 12 MR. N'DIAYE: -- huh? 13 MR. : Some kind of narcotics. 14 MR. N'DIAYE: Some kind of narcotics. So, 15 he - and then, I don't - and I recall there was 16 murder involved, too. 17 MR. : Yeah. 18 MR. N'DIAYE: But he was a high-profile 19 case. So, I could -. I had gentlemen in there 20 that were trying to get in there, but you know, 21 they would have probably harmed him. I had 22 another pedophile in there, and everybody in 23 the unit, they know who's in the unit, I'm not 24 taking him as a cellmate. You know? So, we 25 can't just arbitrarily force another inmate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 to see the names. So, I don't know who they talked to at Main Justice. So, I sent the email, and stuff, with all the break down of the two inmates to the director's office. (Phonetic Sp. *00:47:45). And because he was the chief of staff at the time. And I sent it up, you know, I put my input in, about as far as if we had to choose between who was going to get it, was the - what was it? - the Spanish, the older gentleman who left, like MR. • MR. N'DIAYE: M I, that would be the most appropriate because we couldn't find anybod . MR. : Okay. So -- MR. N'DIAYE: And then, they went ge_i_,Ind then, I got word back that, to go with IIIII MR. : Okay. So, was when the -. So, your superiors actually made the selection, but for -- MR. N'DIAYE: MR. , that was you? MR. N'DIAYE: I mean, it was in 64 1 into the cell upon them. So, was, 2 you know, the best -- 3 MR. : The other inmates -- 4 MR. N'DIAYE: -- inmates -. 5 MR. : -- would not accept Epstein, 6 nor would not accept a pedophile. 7 MR. N'DIAYE: They weren't going to -. 8 They just weren't going to stab Epstein 9 *00:49:29). I don't know the reasons. But I 10 mean, I can't make the decisions and say, all 11 right, I'm going to force you to take this, and 12 then somethin ha ens to him, and then -. 13 MR. So, someone actually 14 spoke with and he said he was 15 willing to do it? 16 MR. N'DIAYE: And I'm not sure on there - 17 who spoke to him, but I don't know. 18 MR. : Okay. 19 MR. N'DIAYE: It might have been. But I 20 know we said we were going to put him in, and 21 this is, this is what -. And he didn't have 22 any issues. 23 MR. : Okay. And if someone did 24 speak with him, who would that have been? 25 Would that have been captain? EFTA00064326 65 1 MR. N'DIAYE: It might have been the 2 captain. Shoot, (Indiscernible *00:50:02). 3 But it probably would have been the captain, 4 but - 5 MR. : Okay. 6 MR. N'DIAYE: -- you know, typically, you 7 know, we're going to make a move, and we're 8 putting somebody in there, we're not going to, 9 you know, sit down and consult with an inmate, 10 if that's oka, with you. I mean -- 11 MR. : Sure. 12 MR. N'DIAYE: -- we just have a feel of 13 the unit -- 14 MR. No. 15 MR. N'DIAYE: -- that, who is appropriate 16 to go in there, okay, I'm not going to put a 17 drug dealer in there with him. So, you know, 18 typically, another high-profile inmate would be 19 appropriate. 20 MR. : Okay. Now do ou have 21 any reason to believe that did, in 22 fact, try to harm Epstein on July 23rd? 23 MR. N'DIAYE: Again=, I can't speculate on 24 that. 25 MR. Sure. lust because - 66 1 MR. N'DIAYE: I mean -. 2 MR. : -- it would be pure 3 speculation, if you did? 4 MR. N'DIAYE: Yeah. It would be. I would S be speculiiiiiiiiiihat. 6 MR. : Okay. 7 MR. N'DIAYE: I can't -. 8 MR. : Okay. 9 MR. N'DIAYE: Yeah. 10 MR. And you just prefer not 11 to do that? 12 MR. N'DIAYE: Yeah. I don't want to 13 speculate. 14 MR. Okay. Now, so, our 15 assessment from other people has been that 16 MR. N'DIAYE: Mm-hmm. 17 MR. was trying 18 to beat his case -- 19 MR. N'DIAYE: Mm-hmm. 20 MR. : -- and that he had every 21 reason in the world not to harm Epstein. And 22 that was actually the person who 23 notified the guards that Epstein was in need of 24 help. Is that what you -? Is that a correct 25 assessment? 67 1 MR. wasn't in the cell 2 at the time. 3 MR. N'DIAYE: So -- 4 MR. On July 23rd, he was. 5 MR. N'DIAYE: -- he was. So, he -- 6 MR. : He was. Oh, I -- 7 MR. N'DIAYE: -- yeah. 8 MR. : -- yeah, right. 9 MR. N'DIAYE: Yeah. So, here's how I'm 10 going to put this. As far as , we 11 and his behavior in the institution, he wasn't 12 a model prisoner. I mean, we caught him, you 13 know, with a cellphone. You know, making 14 calls, you know, and circumventing his case, 15 and whatever. But so, I don't, I can't 16 speculate on, you know, whether he would do 17 something, or he wouldn't do something. So, 18 that was ou know, my dealings with 19 , when I was aware of him. Plus, 20 you know, his case. 21 MR. : Mm-hmm. 22 MR. N'DIAYE: And the request from his 23 attorneys. 24 MR. : Okay. So, following 25 Epstein's time on suicide watch and 68 1 psychological observation, was he placed back 2 in the SHU? 3 MR. N'DIAYE: Yes. 4 MR. : Okay. So, and I 5 apologize to read all these, but this is just - 6 again - we're not going to through them one by 7 one, but just to show what it is that we have 8 here. So, this one says it's from an 9 to Did I get this from you? 10 I think this is something that forwarded on. 11 MR. : She say even gave your own 12 drinking -- 13 MR. This one says, "Can you 14 send me notes on Epstein? On his suicide 15 attem t. Thanks." That was from 16 , it looks like, sent it up. So, 17 said, "I need this ASAP." And it 18 says, "Here are his notes." 19 MR. N'DIAYE: So, he said (Phonetic 20 Sp. *00:52:59). I guess the regional is 21 requesting_ii_____ 22 MR. IIIIIIIIII: Okay. So, the region 23 wanted this? 24 MR. N'DIAYE: Yeah. 25 MR. So, this, is this what EFTA00064327 69 70 1 this is? Is this the psychology file of 2 Epstein? 3 MR. N'DIAYE: Those are clinical notes. 4 MR. So, these are all 5 clinical notes -- 6 MR. N'DIAYE: Yeah. 7 MR. -- here? 8 MR. N'DIAYE: Mm-hmm. 9 MR. Would this have been, 10 like, okay, it starts with, it looks like July 11 31st, and then goes back, July 30th. So, it 12 looks like these are clinical notes from the 13 day he got there -- 14 MR. N'DIAYE: Mm-hmm. 15 MR. : -- up until July 31st. 16 MR. N'DIAYE: Right. 17 MR. : I wonder why. Why would 18 they only send until July 31st? Do you know? 19 MR. N'DIAYE: You said -- 20 MR. : Not August. 21 MR. N'DIAYE: -- they sent from where? 22 MR. : Well, it -- 23 MR. N'DIAYE: From -? 24 MR. : -- started from the day 25 that he arrived, it looks like, on, it's July 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8th, 2019. MR. N'DIAYE: Right. MR. : To July 31st, 2019. MR. N'DIAYE: It's any encounter you have with him.__ALlyintgical -- MR. IIIIIIIIII: So, did they not -- MR. N'DIAYE: -- (Indiscernible *00:53:53). MR. : -- have any encounters after Jul 31st, 2019? MR. IIIII: Do you know? MR. N'DIAYE: No. I am not aware of that because it would only - they would only annotate if the encounters with him. MR. : Okay. So, you are unaware of, after July 31st, if anyone had any kind of, any psychology had any interactions with him? MR. N'DIAYE: No. If it's not in the BEMR notes, and that I guess they didn't have any. MR. So, you would assume that MR. N'DIAYE: Yeah. MR. : -- there wouldn't be? Okay. Do you mind initialing? And do you know 71 1 why that would be? 2 MR. N'DIAYE: Hold on. If an inmate is 3 cleared off of - so, and you have to talk them 4 about it - but most inmates didn't, once you 5 are cleared off of suicide watch, they have 6 other things that they do. You can come down 7 and they give you some (Indiscernible 8 *00:54:42) courses to take. So, they have 9 other types of therapy, but it doesn't 10 necessarily have to be entered in as a medical 11 encounter. 12 MR. : Okay. So, this is, so, 13 psychology could have been still meeting with 14 them, just not noted as a medical encounter? 15 MR. N'DIAYE: Yeah. You - I mean - you 16 see them, and you can just, like, if you have 17 patients, you will go, how is everything going? 18 You doing all right? Yeah. I'm fine. I'm 19 okay. So, it doesn't have to be noted as a 20 medical encounter. 21 MR. : Okay. So, your 22 involvement with this, being that he came off 23 of psychological observation on July 30th, 24 should psychology had interacted with him more 25 in that type of setting, where they would have 72 1 been writing clinical notes? Or do you -- 2 MR. N'DIAYE: No. I think they -- 3 MR. : -- or -? 4 MR. N'DIAYE: -- did everything. Because 5 they cleared him at the time. I mean, based on 6 the SIS investigation, it was inconclusive 7 whether he committed, you know, tried to -- 8 MR. : Sure. 9 MR. N'DIAYE: -- attempted to commit 10 suicide, and I didn't read all the reports, but 11 if he's sitting in the report, saying, no, I 12 wasn't trying to kill myself, and I didn't do 13 it, that's their assessment of it. 14 MR. : Right. No. I guess what 15 I'm saying is that, I know you're not a 16 psychologist, but if the 30th was the day that 17 they cleared him to go back to the SHU -- 18 MR. N'DIAYE: Mm-hmm. 19 MR. : -- do you think that they 20 should have continued at least checking with 21 him, or no? 22 MR. N'DIAYE: Well, they probably did. I 23 mean, when -- 24 MR. Okay. 25 MR. N'DIAYE: -- you make your SHU rounds. EFTA00064328 73 1 You know, seeing him in other parts of the 2 institution. So, and you would have to ask 3 them. But there were probably encounters with 4 him. 5 MR. : Okay. 6 MR. N'DIAYE: But that didn't require -- 7 MR. : A report. 8 MR. N'DIAYE: -- a report, and a medical 9 annotation in there. 10 MR. : Okay. So, this next 11 email, it talks about, it siiiiiiWarden 12 N'Diaye," and this is from , and 13 again -- 14 MR. N'DIAYE: Mm-hmm. 15 MR. -- is he the coordinator? 16 Or, who is he? 17 MR. N'DIAYE: Oh. 18 MR. : Oh, here it is. National 19 suicide prevention coordinator for the BOP. 20 MR. N'DIAYE: Right. 21 MR. : It says, "Thank you for 22 supporting our scheduling of the psychological 23 reconstructive for inmate E stein. I will be 24 joined by , (Phonetic Sp. 25 *00:56:44) Correction Service Administration of 74 1 the Northeast Region. So, do you know if that 2 was ever completed? The actual suicide 3 reconstruction. 4 MR. N'DIAYE: They might have, but nobody 5 talked to me. 6 MR. Okay. They didn't talk 7 to you? 8 MR. N'DIAYE: Nah. 9 MR. : Okay. Fair enough. And 10 then, behind it, it looks like, just, it looks 11 like a template is attached here. 12 "(Indiscernible *00:57:00 national suicide 13 prevention program, suicide reconstruction 14 materials." 15 MR. N'DIAYE: Mm-hmm. 16 MR. : Would have you been the 17 one that would have gathered these things for 18 him? 19 MR. N'DIAYE: No. You probably -. 20 Typically, when this happens, this comes from, 21 when I used to do them, I would make contact 22 with someone in the institution, to get it. 23 So, you -- 24 MR. : Mm-hmm. 25 MR. N'DIAYE: -- have the executive 75 1 assistant -- 2 MR. Yeah. 3 MR. N'DIAYE: -- get the information. 4 MR. : So, it says, "I am 5 attaching a list of materials we use to 6 complete the reconstruction. We routinely take 7 these documents with us, so please ensure that 8 a copy of any documents you also need." 9 MR. N'DIAYE: Right. 10 MR. : It says, "Your assistance 11 in gathering these documents, appreciate it, 12 will be helpful." So, you would ist you 13 would provide that to, like, or 14 someone? 15 MR. N'DIAYE: Yeah. We tell the exec, 16 hey, I need you iiat, this information, and 17 it might not be . It could be the 18 chief psychologist. Whoever is assigned to do 19 it. 20 MR. : Okay. But as far as you 21 know, was that completed? Did he show up and 22 do that? 23 MR. N'DIAYE: I wasn't at the institution. 24 MR. : Oh, okay. 25 MR. N'DIAYE: I -- 76 1 MR. . So, you -- 2 MR. N'DIAYE: -- I was removed from the 3 institution. 4 MR. : -- when were you removed 5 from the institution? 6 MR. N'DIAYE: Monday. 7 MR. : Monday, August 12th? 8 MR. N'DIAYE: Yes. 9 MR. : Okay. That's what I was 10 kind of asking you before. Maybe I wasn't 11 clear with my question. I was wondering if 12 something happened to you after this, that you 13 were removed and no longer -- 14 MR. N'DIAYE: No. They just told me, go 15 report to the 16 MR. : -- all right. So, as of 17 Monday, August 12th, 2019, you were no longer 18 at the MCC? 19 MR. N'DIAYE: I was no longer at the MCC. 20 MR. And did you ever go back 21 afte that? 22 MR. N'DIAYE: No, I didn't. 23 MR. : Okay. So, that was -. 24 Okay. 25 MR. N'DIAYE: Well, I did today, to go EFTA00064329 77 1 park. 2 MR. Okay. But after this 3 instance, and you were not really involved 4 after that, then? 5 MR. N'DIAYE: That was it. I didn't have 6 any -. 7 MR. : Yeah. You check in today. 8 Did you just say? 9 MR. N'DIAYE: No, I had to park a vehicle, 10 because I had to -. I had the government 11 vehicle, so parking them, I had the prop, so I 12 parked there, and took the train out, 13 (Indiscernible *00:58:46). 14 MR. : I think when we started, and 15 Dennis asked when you started at the regional 16 office, I think you mentioned 2020. 17 MR. N'DIAYE: So, the problem is, and he 18 was talking about job title. My job title 19 still remained the same. 20 MR. : As warden? 21 MR. N'DIAYE: As the warden in New York, 22 and it wasn't removed until 2020. 23 MR. : Okay. Well, now, but as of 24 August 12th, 2019, you started reporting to the 25 region? 78 1 MR. N'DIAYE: Yeah. DRD (Phonetic Sp. 2 *00:59:14) came. I did my - when was it? - I 3 had an interview at the U.S. Attorney's Office. 4 And then, my boss came and said, hey, I'm, you 5 know, we're signing you up to the regional 6 office. So, I went up, you know, no reason why 7 I was being removed. And I was just told to go 8 up there.__2s_that's what transpired. 9 MR. Was there another warden in 10 place? 11 MR. N'DIAYE: They brought another one in. 12 MR. : So, there was two people with 13 the title of warden, at that point? 14 MR. N'DIAYE: Well, they had Mr. Partruchi 15 (Phonetic Sp. *00:59:52), and Lacome Vitale 16 (Phonetic S . *01:00:01). She is. 17 MR. : Okay. 18 MR. : All right. So, if you 19 don't mind, just initialing and dating that. 20 MR. N'DIAYE: Mm-hmm. 21 MR. : We'll get that out of 22 your way. So, this looks like this answers our 23 question. 24 MR. N'DIAYE: Mm-hmm. 25 MR. So, this is an email from 79 1 AW MI to yourself. 2 MR. N'DIAYE: Mm-hmm. 3 MR. : And it just says, "FYI, 4 from Dr. , regarding her last interaction 5 with Epstein, prior to her departure on 6 Thursday." 7 MR. N'DIAYE: Mm-hmm. 8 MR. : Dr. was the 9 psychologist at MCC? 10 MR. N'DIAYE: Yes. 11 MR. : Correct? 12 MR. N'DIAYE: She was the chief 13 psychologist. 14 MR. : Okay. Great. And it 15 says that, "I visited inmate Epstein in SHU on 16 Thursday." Thursday, meaning August 8th -- 17 MR. N'DIAYE: Right. 18 MR. : 2019. "He was getting 19 ready to meet with his attorneys for the day, 20 so I had gone to visit him, right after the SHU 21 meeting. 22 MR. N'DIAYE: Mm-hmm. 23 MR. : He had a cellmate at the 24 time, with whom I saw him interact with. He 25 did not report any medical, or any mental 80 1 health concerns, and he denied any suicidal 2 thoughts or intention. He was asking the 3 writer to go to general population and was 4 making requests for various leads he had at the 5 time. He wanted social calls without them 6 being on a speaker phone. He wanted a book he 7 had left in the suicide watch area. 8 His mood was not depressed or anxious. 9 There were no signs of stress. He had planned 10 on meeting with his attorneys to work on his 11 legal situation." So, there is that. And 12 then, there is also, I don't know if this was 13 attached. , I don't know how this was 14 printed, but it also looks like all the 15 contacts. It says, "15 contacts in one month. 16 Starting on July 6, 2019, when Epstein arrived. 17 And after the -". It does say that there was a 18 contact that looks like, on the 31st. 19 MR. : What does he mean by 20 "contact"? 21 MR. A psychology contact. 22 MR. Okay. 23 MR. And then, here's one, 24 8/1/2019, Dr. , SRA, was -- 25 MR. N'DIAYE: Yeah. EFTA00064330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 81 MR. : -- being conducted. What is SRA? Do you know? MR. N'DIAYE: It's a seg group. Segregation review. MR. Oh. MR. So, it says MR. N'DIAYE: Yeah. MR. : -- it says, "Court sent a form. Suicidal tendencies." MR. N'DIAYE: No. That must be a psychological thing. I thought it said SRO. If it SRA must be for SHU. MR. IIIIIIIIII: Okay. And it says, "On August 1st, 2019, he denied any suicide ally, friends (Indiscernible *01:02:07) supportive Jewish against his religion, still denied knowing what happened to him on 7/23/2019, when he was discovered with a string loosely tied around his neck. Said his incident report for self-mutilation was expunged. His cellmate is talkative, but will give it a chance. Noisy in SHU, he lives for fighting this case and going back to his normal life." iiiiiiain, it say that the 2019 was with Dr. , what I just 82 1 MR. N'DIAYE: Right. 2 MR. : -- read. And on 3 8/10/2019. So, I guess they did (Indiscernible 4 *01:02:40), just not in this (Indiscernible 5 *01:02:40). 6 MR. N'DIAYE: Yeah. You don't have to 7 always. 8 MR. : So, yeah, then maybe 9 those weren't required. 10 MR. N'DIAYE: No. 11 MR. : Yeah, do you mind, maybe 12 the bottom on this one? 13 MR. N'DIAYE: Mm-hmm. 14 MR. : That wasn't attached to the 15 email. Tiiiiiiiiiist a separate document. 16 MR. : Oh, that's a separate 17 document? Okay. There you go. Can you go to 18 psychology? All right. And this is the last 19 one to cover what psychology. This was an 20 email that was sent out by a 21 To, it says, "Suicide watch/psych observation 22 update." On 7/30/2019, at 12:30 p.m., and it 23 says, "Inmate Epstein is being taken off of 24 psych observation and needs to housed with an 25 appropriate cellmate." 83 1 MR. N'DIAYE: Mm-hmm. 2 MR. , and it just 3 says everyone who is attached to this sent, 4 this was sent to. 5 MR. N'DIAYE: Mm-hmm. 6 MR. : Is this something that 7 they normally do, after someone comes off of 8 psych observation or suicide watch? Do they 9 send this out to everyone? Or was it a special 10 case for this? 11 MR. N'DIAYE: No. It's typical. 12 MR. : That's typical? 13 MR. N'DIAYE: Typical. Because you have 14 to let the lieutenants, the shift lieutenants, 15 everyone know, you know, the person is coming 16 off. And where to house them. Some go back to 17 their units. In his case, he was going back to 18 the Special Housin Unit. 19 MR. : Okay. Great. Do you 20 mind just initial and dating that? And that 21 was - is it their job to determine if a 22 cellmate has to be housed with another 23 cellmate? I mean, an inmate has to be housed 24 with another inmate. 25 MR. N'DIAYE: Well, typically, I mean, 84 1 it's just - if there's nothing in policy that 2 sounds, you know, you know, in the correctional 3 setting, if somebody has been on, you know, 4 attempted suicide, or attempted to self- 5 mutilation, you usually put them in with 6 someone. 7 MR. : Okay. So, were you or 8 your staff involved with the decision to have 9 Epstein removed from suicide watch or 10 psychological observation? 11 MR. N'DIAYE: Psychology makes the 12 determination that the individual is, you know, 13 no longer suicide. This is for any inmate. 14 MR. : Sure. 15 MR. N'DIAYE: Is no longer suicidal. And 16 there is no reason for him to be on suicide 17 watch. So, they either get released wherever 18 they came from, whether it was the general 19 populationaitaa the Special Housing Unit. 20 MR. IIIIIIIIII: So, on background on 21 that. So, one of the individuals in psychology 22 department -- 23 MR. N'DIAYE: Mm-hmm. 24 MR. : -- who would meet with 25 Mr. Epstein, she said that she discussed this, EFTA00064331 1 one of the ste s down with Dr. 2 as AW 3 MR. N'DIAYE: Am-hmm. 4 MR. : And I was informed that 5 that is kind of pretty routine, that that is 6 conducted in coordination with executive staff 7 members. Is that -- 8 MR. N'DIAYE: Right. That is. 9 MR. : -- so, that's where I 10 want to make sure that I'm understanding -- 11 MR. N'DIAYE: We do. 12 MR. : -- what you are saying. 13 MR. N'DIAYE: But we also do, we have what 14 we call a - and if it is an inmate that is in 15 our Special Housing Unit, we have a weekly 16 meeting, and if there are any issues, that's 17 brought uiliiiiiiiieeting. 18 MR. : Okay. So, is it solely, 19 though, up to psychology, if the inmate goes 20 from, say, suicide watch to psych observation, 21 and again, psych observation back to a housing 22 unit? Is that their call, or does the 23 executive staff, or anyone in the BOP, outside 24 of psychology, have an influence on that? 25 MR. N'DIAYE: Psychology are the subject 85 , as well 86 1 matter experts. They are the doctors. They 2 release someone off of suicide watch. I can't 3 - if an individual is on suicide watch - I 4 can't turn around and come in there, and say, 5 take him off. 6 MR. : Sure. 7 MR. N'DIAYE: I'm not a trained 8 psychologist. Now, I can put somebody on 9 there. But then, you know, after hours, or if 10 it is an emergency, or he attempted suicide, 11 any staff member could put him on there. 12 MR. : Okay. 13 MR. N'DIAYE: But as far as taking him 14 off, you have to have a medical reason, as far 15 as them cicmiiiiiiii 16 MR. : So, in that interview 17 with that individual, the said the decision 18 was discussed with AW and that 19 individual concurred with that decision. If 20 they didn't concur, though, would that matter 21 to them? 22 MR. N'DIAYE: What do you mean, if the AW 23 didn't concur with it? 24 MR. : Mm-hmm. 25 MR. N'DIAYE: I mean, I don't want to use 87 1 the word "courtesy" as a telling, but they're 2 keeping us informed, saying, okay, we need to 3 take him off of suicide watch. Now, let's say 4 I come in and interject and say, no, I want him 5 on there. What is my reasoning for putting him 6 on there? 7 MR. : Mm-hmm. 8 MR. N'DIAYE: What medical degree do I 9 have to justify keeping an individual on 10 suicide watch? Because now, it could go the 11 other way. I decide to turn around and do 12 something like that, I would be having a 13 conversation with about something else. 14 MR. IIIIIIIIII: Sure. 15 MR. N'DIAYE: So. 16 MR. : Okay. 17 MR. N'DIAYE: Yeah. 18 MR. : So, is it more to keep 19 you apprise -- 20 MR. N'DIAYE: To keep us apprised -- 21 MR. : -- if anything else? 22 MR. N'DIAYE: -- you know, and saying, 23 hey, this is the way we're removing an 24 individual, and we move forward. I mean, 25 obviously, we will have questions. You know, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 if we hadaltions. MR. IIIII: Guys, I want to go for a second. All right? MR. N'DIAYE: Okay. MR. ..got to go pee. MR. : Do you want us to continue or wait? MR. : No, just stay by me. Oh, don't continue. I'll be right back. MR. : Absolutely. I'm going to pause this recording then. It is currently 3:00 p.m. on Wednesday October 27th 2021. This is Special Agent , and I am pausing the recording. (Whereupon, the above-entitled matter went off the record and back on the record). MR. : All right. The recorder is back on. It is 3:04 p.m. after a quick, short break. Mr. N'Diaye, just reminding you that you are under oath. MR. N'DIAYE: Okay. MR. All right. Sorry. Address these. MR. N'DIAYE: Oh. MR. All right. So, the last EFTA00064332 89 1 that we discussed was that psychology said that 2 Mr. Epstein needed to have a cellmate, and this 3 is where we talked a little bit about it. It 4 sounded like the decision to have 5 placed as Epstein's cellmate was actually made 6 at a higher level than yourself? 7 MR. N'DIAYE: Yes. 8 MR. : Okay. And who made that 9 decision? 10 MR. N'DIAYE: I don't know. Listen. I 11 know, I sent it to my supervisor. Actually, 12 the two inmates that would kind of figured out 13 there might be a cellmate, we sent those names 14 to the director's office. 15 MR. : Okay. 16 MR. N'DIAYE: And it was was 17 the chief of staff. And because, see, my boss 18 told me that they had to run it up to the 19 department. So, I don't know who was spoken to 20 in the department. And it got back, and my 21 boss said that, too, you know, that's a good 22 choice. 23 MR. Okay. 24 MR. N'DIAYE: Yeah. 25 MR. And that's Mr. 90 1 again? 2 MR. N'DIAYE: Yes. 3 MR. : Okay. Great. But it was 4 based upon a list that you provided? 5 MR. N'DIAYE: Yeah. There were some 6 names. Because I - fast forward - I got a 7 call, and we were gearing towards getting him 8 out to 9 MR. : Oh, so, you wanted 10 Epstein to actually be in general pop? 11 MR. N'DIAYE: I didn't want -. That's 12 what typiiiiiiiiiiiens. You know -- 13 MR. : Sure. 14 MR. N'DIAYE: -- you don't want an inmate 15 in segregation. Most of them, we've had a lot 16 of high-profile individuals that come in the 17 institution. You know, we do our intelligence 18 gathering, to see, okay, what would be an 19 appropriate unit for them to be in? And we 20 place them. And then, we monitor them. If, 21 you know, and that is how we move them into 22 general population. I get a call saying, hold 23 up on that. He needs to stay where he's at. 24 MR. And who called you? 25 MR. : Did he qualify as a pedophile? 91 1 MR. N'DIAYE: I don't -. I didn't -. 2 MR. : Okay. 3 MR. N'DIAYE: Read. But that's -. We 4 didn't -- 5 MR. : Yeah. 6 MR. N'DIAYE: -- you know, so that's not 7 feasible, why we were able to keep him in. So, 8 get a call, and they said hold up on that. He 9 needs to ', ere he's at. 10 MR. : Okay. 11 MR. N'DIAYE: So. 12 MR. : And I'm sorry. Who was 13 it that called you to siiiiiiy? 14 MR. N'DIAYE: Mr. . And then, 15 that's when I had to send up the names. I 16 guess he had gotten some from the department. 17 I don't know who he talked to in the 18 department. 19 MR. : Oh, so, coming out of 20 psych observation, you were looking to send him 21 back to general pop. 22 MR. N'DIAYE: No. 23 MR. : Or not back to. Into. 24 MR. N'DIAYE: When he first came in, the 25 whole process was -- 92 1 MR. Oh, I see. 2 MR. N'DIAYE: -- to get him out to general 3 population. 4 MR. : I gotcha. So, back, you 5 are talking about July 6th through the 8th -- 6 MR. N'DIAYE: Yeah, we're talking about -- 7 MR. : -- that timeframe. 8 MR. N'DIAYE: -- the whole thing, and 9 then, even, you know, coming out of psych 10 observations when he got in, the plan was still 11 to get hiiiiiiiiiiieral population. 12 MR. : Mm-hmm. 13 MR. N'DIAYE: I mean, we had the attorneys 14 contacting our legal, why can't he be in 15 general 16 MR. : Sure. 17 MR. N'DIAYE: So, and then, that is when I 18 got the call from my boss, saying - and I don't 19 know who he talked to in the department - but 20 it was, like, hold on. 21 MR. : And on that note, I guess 22 this would be a good time to talk about this. 23 Being that it was ultimately decided that he go 24 into Nine South, or the Special Housing Unit, 25 was it discussed at all that he be placed on EFTA00064333 93 1 Ten South, for the high, you know, the SAMs 2 inmates? 3 MR. N'DIAYE: So, here's the problems with 4 Ten South. It's the terrorist unit, and 5 there's SAMS things in there. The amount of 6 attorneys he had coming in there, we couldn't 7 have those attorneys coming up to that unit 8 every day, and, you know, breaching the 9 security of it, and then, tying up the movement 10 in there, because when an attorney comes in 11 there. Now, those guys get attorneys, but it's 12 planned, and they are in there. Epstein's 13 attorneys were coming in early in the morning, 14 and weren't leaving until late at night. And 15 it was about four or five of them. So -- 16 MR. : And guess who's paying his 17 bill? 18 MR. N'DIAYE: -- right. That's not an 19 appropriate unit, and that's not what that unit 20 is for. 21 MR. : Now, what about, like, 22 if, you know, an El Chapo (Phonetic Sp. 23 *01:11:SS), or some of the other high levels 24 that weren't terrorists, how did they deal with 25 that, or did they have attorneys visiting them 95 1 with that unit. So, he wasn't appropriate to 2 be up there. 3 MR. : Now, were some of those 4 other high-profile inmates, though, such as El 5 Chapo, and who were some of the people that 6 were in there? 7 MR. N'DIAYE: Yeah. The terrorists up 8 there. 9 MR. : But the non-terrorists. 10 Meaning, the people that -. There was a few -- 11 MR. N'DIAYE: Well, you had 12 (Phonetic Sp. *01:13:05), but he was in for 13 espionage, and had a SAMs on him. So, he -- 14 MR. : Now, did El Chapo have a 15 SAMs on him? 16 MR. N'DIAYE: -- he had -. No. His 17 status was based on, and I know there was 18 (Indiscernible *01:13:18), his escape status -- 19 MR. : Sure. 20 MR. N'DIAYE: -- and stuff. So, he was a 21 high profile person that had escaped from 22 another prison before -- 23 MR. : Mm-hmm. 24 MR. N'DIAYE: -- so, that was an 25 appropriate place to place him. 94 1 or no? 2 MR. N'DIAYE: They did, but it wasn't to 3 that extent. Like, he, El Chapo would have his 4 attorneys come in, but they came in for a 5 couple hours, they left. As it got close to 6 trial, then they would - you would see them 7 more frequently. But Mr. Epstein, day one at 8 attorneys, they were in there from the 9 beginning to end. We even had complaints from 10 the local attorneys, that they were taking up 11 the rooms. 12 MR. : Mm-hmm. So -- 13 MR. N'DIAYE: So. 14 MR. : -- the primary reason why 15 he was placed in Nine South was because of the 16 attorney visits? 17 MR. N'DIAYE: Well, not the attorney 18 visits, but that is the SAMS unit. 19 MR. : Okay. 20 MR. N'DIAYE: And he's not a SAMs inmate. 21 And then -. 22 MR. : What's a SAMs unit? 23 MR. N'DIAYE: Special Administrative 24 Measures. That means, you know, strict 25 communication. And there's a lot that goes on 96 1 MR. I see. 2 MR. N'DIAYE: was in general 3 population, and a SAMs was placed on him by his 4 attorney -- 5 MR. : What was the other name again? 6 MR. N'DIAYE: . And he was 7 placed up there. 8 MR. : Can I ask you -- 9 MR. N'DIAYE: Yeah. 10 MR. : -- a totally irrelevant 11 question? 12 MR. N'DIAYE: Mm-hmm. 13 MR. : What was El Chapo like? 14 MR. N'DIAYE: Just like any other inmate. 15 MR. : Is that right? 16 MR. N'DIAYE: Yeah. Just like any other 17 inmate. 18 MR. : Polite? 19 MR. N'DIAYE: Polite. You know, no 20 problems. But that wasn't the appropriate unit 21 to be houiiiiiiiiiie Epstein. 22 MR. : Now, did you even have 23 the authority to place him in Ten South, if you 24 wanted to? 25 MR. N'DIAYE: I mean, I could have, but I EFTA00064334 97 1 would have had to have, you know, some 2 justification as to why I'm putting him up 3 there. And there would have been push back 4 from his attor es. 5 MR. : Okay. Because some 6 people had mentioned that, saying the warden 7 doesn't even have the ability to do that. That 8 comes from a higher level. 9 MR. N'DIAYE: I mean -- 10 MR. : Is that -- 11 MR. N'DIAYE: -- in essence -- 12 MR. : -- accurate, or -? 13 MR. N'DIAYE: -- in essence, it does 14 because I would have had to explain and justify 15 why, you know, certain inmates with certain 16 crimes are placed up there. Why am I placing 17 him? 18 MR. : Mm-hmm. 19 MR. N'DIAYE: And then, the fact that, you 20 know, he is a pre-trial individual, and needs 21 access to his attorneys, that unit is just too 22 restrictive for that. 23 MR. : Now - and this is a total 24 Monday morning quarterback -- 25 MR. N'DIAYE: Mm-hmm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 MR. -- do you stand by the decision that he would be in Nine South, or do you think he should have been in Ten South, or what are your thoughts on that? MR. N'DIAYE: I think he was appropriately placed. MR. Okay. So, Nine South -- MR. N'DIAYE: Mm-hmm. MR. -- was the -- MR. N'DIAYE: That was the appropriate -- MR. -- appropriate place for MR. N'DIAYE: -- place for him. MR. Okay. MR. Okay. question. : MR. N'DIAYE: Mm-hmm. MR. : Do you recall if there were inmates in Ten South during that time? MR. N'DIAYE: Where? MR. : In -- MR. N'DIAYE: Yes, there were. MR. : -- yeah. Do you know who those inmates were? MR. N'DIAYE: El Chapo had left. I got the one that ran the call with people in him? 99 1 Brooklyn. He was there. 2 MR. : What was his name? 3 MR. N'DIAYE: I forget. 4 MR. : What did he do? What was he 5 in there for? 6 MR. N'DIAYE: That's the one that killed 7 the pedestrians in lower Manhattan and ran -- 8 MR. : Oh, yeah. 9 MR. N'DIAYE: -- the vehicle into them. 10 MR. : Yeah, and then the guy kicked 11 the gun out of his hand. Right? Some guy -- MR. N'DIAYE: Yeah. MR. : -- (Indiscernible *01:15:28). MR. N'DIAYE: He was there. I remember 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. : Mm-hmm. MR. N'DIAYE: Who else? We had MR. All right. So, this is along what we were just discussin . It says that, this is from an , who's just a supervisory staff attorney. 100 1 MR. N'DIAYE: Right. 2 MR. : What does this CLC stand 3 for? 4 MR. N'DIAYE: It's the Combined -. He's 5 the supervisory attorney for Brooklyn and New 6 York. 7 MR. : Okay. 8 MR. N'DIAYE: At the time. 9 MR. : So, he's kind of, like, 10 the general counsel for Brooklyn and New York? 11 MR. N'DIAYE: Yeah. He was the 12 supervisor attorney. So -- 13 MR. : Okay. 14 MR. N'DIAYE: -- he was in charge. 15 MR. : All right. So, this was 16 to you, and it was on Saturday, August 10th, 17 2019. It says, "Warden, per our conversation, 18 I spoke to two of his attorneys yesterday, 19 August 9th, 2019, primarily in relation to his 20 request for access to water in attorney 21 conference." 22 MR. N'DIAYE: Right. 23 MR. : "Attorne 11 24 so, . Next word, . "With 25 whom I spoke in person in the late morning, had EFTA00064335 101 1 asked, as an aside, whether we would consider 2 housing him in the cadre." What is the cadre? 3 MR. N'DIAYE: Cadre is the camp. 4 MR. : Is that low level? 5 MR. N'DIAYE: It's like our lower security 6 inmates. Yeah. 7 MR. So, you have an actual 8 camp at the MCC? 9 MR. N'DIAYE: It's low security inmates. 10 But remember, they are designated. So, we 11 couldn't put him in that unit because he's pre- 12 trial. We can't mix designated and pre-trial 13 inmates to ether. 14 MR. : Okay. It says, "I 15 advised we could not," since he was a pre- 16 inmate. 17 MR. N'DIAYE: Right. 18 MR. : "Later that day, but 19 prior to 1:00, close out meeting, I spoke to 20 attorney Michael on the phone. He had 21 asked whether we could house Mr. Epstein alone 22 in the SHU, to which I replied that we could 23 not, based on his prior suicide 24 attempt/gesture." 25 MR. : It's just, I've never heard of 102 1 his lawyers. You would think that his lawyers 2 would be somebody that I was familiar with. 3 MR. N'DIAYE: Yeah. 4 MR. : Since they're probably 5 charging him 42,000 an hour. 6 MR. : "He acknowledged that he 7 understood. To my recollection, neither 8 attorney referenced consideration for suicide 9 watch or psychological observation during 10 yesterday's conversation. Please let me know 11 if you need any further information." Now, was 12 this just a request to any contact that he had 13 with his attorneys? 14 MR. N'DIAYE: He was just keeping me 15 informed because the attorneys were calling 16 every days_witislifferent types of requests. 17 MR. IIIIIIIIII: But this was the day, 18 obviously, of when he was found. So, this 19 would -- 20 MR. N'DIAYE: Right. 21 MR. : -- he's talking about 22 context, just literally the previous day -- 23 MR. N'DIAYE: Right. 24 MR. : -- that he was looking 25 for different housing type arrangements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 MR. N'DIAYE: Mm-hmm. MR. . But all right. If -. MR. That was 41,000 a phone call. MR. . Excuse me? MR. : That was 41,000 a phone call. (Indiscernible 01:18:2S) charging. MR. Oh. Now, this answers our question from before. So, this actually says, it's from you to Mr. , it says attorney logs. This is that same thing that we were looking at. MR. N'DIAYE: Okay. MR. : So, it looks like July 30th is highlighted, and Mr. Epstein. And again, all these -- MR. N'DIAYE: These are the attorney assignment. MR. -- (Indiscernible *01:18:43). MR. N'DIAYE: Yeah. MR. : Yeah. So, that does now clarify what it is, because, previously, there was nothing that was in the subject liner. MR. N'DIAYE: Okay. MR. Or the body. Okay. 104 1 MR. : Yeah. I'm looking at the 2 stack, and I'm sitting here, just Jesus Christ. 3 MR. : We're coming to - hey - 4 we're almost halfway through. 5 MR. N'DIAYE: Mm-hmm. 6 MR. : Well, that's the way you're 7 looking at it. (Indiscernible *01:19:04). A 8 little bit different, fellas. I'm thinking 9 about, I'm going to miss today's workout and 10 tomorrows. 11 MR. N'DIAYE: Well. 12 MR. : Now, you've already 13 answered this, but did you work at the MCC on 14 August 9th? 15 MR. N'DIAYE: For that -- 16 MR. : 2019. 17 MR. N'DIAYE: -- was Friday. Friday, I 18 was off. 19 MR. What about on August 20 10th, 2019? 21 MR. N'DIAYE: 10th was a Saturday -- 22 MR. Correct. 23 MR. N'DIAYE: -- I was, I worked on 24 Saturday. 25 MR. All right. But did you EFTA00064336 105 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work in response to this? MR. N'DIAYE: No. I had to respond, if the day of the suicide was August 10th -- MR. : Mm-hmm. MR. N'DIAYE: -- yeah, I had to respond if I came in. MR. : Okay. So, but you weren't scheduled to work? MR. N'DIAYE: No. I wasn't scheduled to work. MR. All right. This is just for - and this is going to be put in here, in case you need to reference it - these are emails that were from you to Mr. , with the staff roster. MR. N'DIAYE: Right. MR. : And the reason I'm using these is because these were literally sent on Sunday, August 11th. So, I know that we can rely on these -- MR. N'DIAYE: Mm-hmm. MR. : -- based upon being so close. So, this one is for Friday, August 9th. It's showing who was working that day. And this one is from Saturday, August 10th. Again, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 showing who was -- MR. : This is a correctional roster. MR. MR. -- correct. Okay. MR. Correct. This is a correctional roster. Right. MR. N'DIAYE: Mm-hmm. MR. : So, who was, basically I think, involved with Epstein during that date? So, yes. How many rosters would there be, aside from correctional? MR. N'DIAYE: Well, the correctional officers are the only ones that keep a daily roster. MR. : Like, R&D wouldn't do anything like that? MR. N'DIAYE: No. Because their staff are already assigned to where they are working at. MR. IIIIIIIIII: Okay. MR. N'DIAYE: Yeah. And they have rosters that show where everyone is working at. But not, likes_th2_cgfrectional officer roster. MR. IIIIIIIIII: Okay. So, I'm going to have you just initial and date. I'm going to 107 1 place this, again, here, just in case we need 2 to reference it, and again, it's just if we 3 need to look at who was working, and what 4 position -- 5 MR. N'DIAYE: There's two on there. 6 MR. : -- and what. Yes, 7 please. So, this one would be for the August 8 9th, that one is for August 10th. This 9 actually was not - the August 10th one - was 10 not attached to your email. Right? 11 MR. : Yeah. You are right. 12 MR. : So, the August 9th one 13 was attached, but the August 10th wasn't. 14 MR. : Yeah. 15 MR. Yeah. So, we had to pull 16 that from -- 17 MR. N'DIAYE: Okay. 18 MR. : -- just for full 19 disclosure, but just so that we have both. The 20 August 9th one was something that you had sent. 21 All right. Since Epstein was required to have 22 a cellmate, who was ultimately responsible to 23 make sure that all the SHU staff were aware of 24 this requirement? 25 MR. N'DIAYE: That they were notified? 108 1 MR. So, how -. So, Dr. 2 or Mrs. sent out that email, saying -- 3 MR. N'DIAYE: Mm-hmm. 4 MR. : -- Epstein is required to 5 have a cellmate. The one that we reviewed. 6 MR. N'DIAYE: Right. 7 MR. : Who was required to make 8 sure that staff that is working in the SHU is 9 aware of that requirement? 10 MR. N'DIAYE: Well, the captain passes it 11 on to the lieutenants, and the officers are 12 then made aware that he, you know, any inmate, 13 if they are re uired a cellmate -- 14 MR. : Mm-hmm. 15 MR. N'DIAYE: -- that, you know, that he - 16 they are to require cellmate, if somebody 17 leaves or oes out. 18 MR. : Now, someone such as an 19 Epstein, who was just coming off of suicide 20 watch, you know, a week, a week and a half 21 prior, should all staff know that that person 22 is supposed to be housed with a cellmate? 23 MR. N'DIAYE: In the Special Housing Unit, 24 anybody working in there would know that he was 25 supposed to have a cellmate. EFTA00064337 109 1 MR. : Do you believe that there 2 was any anybody - especially anybody that's got 3 a quarterly bit of post there -- 4 MR. N'DIAYE: Mm-hmm. 5 MR. : -- but anybody that's 6 working in the SHU on August 9th or 10th, do 7 you believe that there could be a reason why 8 they would say, we didn't know he was supposed 9 to have a cellmate? Do you think that would be 10 an acceptable excuse? 11 MR. N'DIAYE: Because you had the staff 12 that usually work up there, were up there. It 13 should be, it should have been annotated on his 14 - what do ou call it? - it's called a 292. 15 MR. : The hot list, you are 16 referring to, or -- 17 MR. N'DIAYE: No. Not the hot list. 18 MR. : -- or what? Oh, you 19 mean, oh, the 292. You're talking about the 20 SHU -- 21 MR. N'DIAYE: Yeah. 22 MR. : -- file. 23 MR. N'DIAYE: The SHU file. It should be 24 annotated on the SHU file because, when you 25 come in, you have to annotate on there his 110 1 meals, did he eat, the medical rounds. So, it 2 would have been on there, it would have been on 3 there, too. So. 4 MR. : Would it have also been 5 on the hot list, though? 6 MR. : Guys. I need an interpreter. 7 MR. N'DIAYE: Yeah. 8 MR. ../hat does the hot list mean? 9 MR. : It's just -- 10 MR. N'DIAYE: That's -- 11 MR. : -- sorry. 12 MR. N'DIAYE: -- yeah. I guess the high 13 risk suicide inmates. Yeah. So. 14 MR. : Whether it's suicide, or high 15 risk for some other kind of problem? 16 MR. N'DIAYE: It could be -. It's mainly 17 for, like, suicide, just to -- 18 MR. : Medical. 19 MR. N'DIAYE: -- to watch out for. Yeah. 20 Medical. Okay. 21 MR. IIIII: Seizures. You know, stuff 22 like that? 23 MR. N'DIAYE: Yeah. So. 24 MR. : So, point being is, do 25 you think that, if any staff that is working in 1 that, you know, as we know, Mr. 2 MR. N'DIAYE: Right. 3 MR. : -- in the morning of 4 August 9th, Mr. Epstein was found the -- 5 MR. N'DIAYE: Mm-hmm. 6 MR. : -- the morning of August 7 10th. 8 MR. N'DIAYE: Mm-hmm. 9 MR. : SHU staff that is working 10 in there at that time, he's 24 hours basically 11 gone, you know, with no, without a cellmate. 12 Do you think that this is a reasonable excuse 13 for them to say that we didn't know he was 14 required to have a cellmate? 15 MR. N'DIAYE: No, because they did know, 16 because I - from what I understand - someone 17 wrote a memorandum, and had it that day, that 18 they knew. 19 MR. : Okay. Well, yeah, we can 20 get into that. Now then, so these are -. 21 MR. : One other question. I want to 22 open a box. 23 MR. Absolutely. 24 MR. : That means I'm going to have 25 to bring a sharp object in here. Is that going 111 left - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 to bother2222±2_ MR. IIIIIIIIII: No. No. MR. N'DIAYE: No. No. MR. No, no, no, no. MR. : Okay. MR. I'm sorry, I thought you were talking about, like, this hypothetical situation of if we were in the MCC or something. MR. N'DIAYE: Yeah. MR. : Oh, no. No. This is just a - MR. You're just wanting to know if you can use scissors. Yeah. That's fine. MR. : Yeah. MR. I guess we should wait until he gets -- MR. N'DIAYE: Mm-hmm. MR. -- back again. If we speak loudly, will you be able to hear our questions? MR. : Yeah. MR. : All right. We're going to continue, then. The answer was yes. EFTA00064338 113 114 1 MR. N'DIAYE: I don't know if that was 2 somebody. 3 MR. : There might be clients in the 4 office. 5 MR. Oh. 6 MR. N'DIAYE: Huh? 7 MR. Okay. 8 MR. That's why. 9 MR. Then we will wait. 10 MR. : He wasn't kidding about the 11 knife. 12 MR. N'DIAYE: Oh. 13 MR. : You know why I got this? This 14 movie called Gan s of New York. 15 MR. : That's a great movie. 16 MR. : And he - and a good movie - 17 and the lead actress was a woman named Cameron 18 Diaz. 19 MR. • Sure. 20 MR. : And I had a wild eyed crush on 21 Cameron Diaz, and this is the shiv, the knife - 22 seriously - I found the guy who made the knife 23 that she carried in the show, and I said, I 24 want you to make me an exact duplicate. How 25 sick is that? Of that knife. And so, this is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. MR. . That's super cool. MR. : So. MR. N'DIAYE: Mm-hmm. MR. : Sorry. I'll ask a few more questions before we get into these documents. Were any plans made on how to address this situation for if was removed as Epstein's cellmate? Like, if he -. Because I know at MCC, inmates certainly leave. (Indiscernible *01:26:13). MR. N'DIAYE: No. I mean, the plan would have been, you know, we would have assessed it, because usually, you get ahead of time, we would have just said, okay, when is -? When leaves, or you know, when he was leaving, then before he was placed back in that cell, an assessment would have been made. MR. : Okay. Now, what is your understanding of what happened with inmate on August 9th, 2019? MR. N'DIAYE: When I got back after the fact, I guess the Marshals came and removed him from the institution. MR. Okay. So, there is a lot 115 1 of people we've talked to thought he went to 2 court, and that at court, it was determined he 3 wasn't coming back. Had you heard that? 4 MR. N'DIAYE: That's what I heard, too. I 5 had heard he was going to court. And then, I 6 guess word got back that he wasn't coming back. 7 That's what I heard. So, I never got 8 (Indiscernible *01:27:00). 9 MR. : It's either a good day in 10 court, or a bad day in court. 11 MR. N'DIAYE: Yeah. I never got the 12 actual stiiiiiiiiiie I was, I was removed. So. 13 MR. : Okay. And again, what 14 does WAB mean? 15 MR. N'DIAYE: It means With All 16 Belongings. 17 MR. : Okay. 18 MR. N'DIAYE: But I don't know, and I 19 don't know if people will say that he left, and 20 then they went and got him from the office. 21 So, I am not sure. 22 MR. Okay. So, this is -- 23 MR. N'DIAYE: Yeah. 24 MR. -- one of those documents 25 that says -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 116 MR. N'DIAYE: Mm-hmm. MR. -- from Charisma to you. MR. N'DIAYE: Mm-hmm. MR. With inmate Epstein as the subject. MR. N'DIAYE: Right. MR. : And it says, "So far, this is the documentation I have in my possession." MR. : Wow. MR. N'DIAYE: Mm-hmm. MR. : And if you see, you know, here, it talks about all the documentation pertaining to him. These look like all the BOP database -- MR. N'DIAYE: Right. MR. : -- things. Then down here, it says, "Documentation re: MR. N'DIAYE: Mm-hmm. MR. reg number 85993-054. Cellmate." MR. : Right. MR. N'DIAYE: Right. EFTA00064339 117 118 1 MR. It says, "Court 2 documentation regarding WAB 8/09 -- 3 MR. N'DIAYE: '19. 4 MR. : -- '19. 5 MR. N'DIAYE: Mm-hmm. 6 MR. : And then, also SHU file. 7 So, "Showing court documentation regarding WAB 8 8/09/19." What documentation is she referring 9 to there? 10 MR. N'DIAYE: I guess whatever came 11 through R&D. 12 MR. Mm-hmm. 13 MR. N'DIAYE: Our Receiving and Discharge. 14 They might have gotten -. They must have 15 gotten information to release him, and that he 16 was being transferred. 17 MR. : So, would it be at all- I 18 know R&D creates something called, like, a 19 court production list, or -- 20 MR. N'DIAYE: Right. 21 MR. : -- would that be what 22 she's talking about, the court production list, 23 or would she be, do you think -- 24 MR. N'DIAYE: So -- 25 MR. -- or, like, a PP-38, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something, or whatever -? MR. N'DIAYE: I think, and I'm speculating now, it was probably the court list, and it probably said, we're sending him off to court. And it was a possibility that he might be getting released. MR. : Because the document that has been alluding me -- MR. N'DIAYE: Mm-hmm. MR. : -- is that court production list. Do you know if that was ever obtained? Do you know, the thing that, that R&D creates this list, they provide it to the - MR. N'DIAYE: MR. units. MR. N'DIAYE: know whatiiiiiiiiii MR. they -- MR. N'DIAYE: MR. time. MR. N'DIAYE: Oh, the court -- -- different housing -- list. I don't. I don't with it. : They just, they all say Now -- -- destroy it after that Yeah, they do, but -- 119 1 MR. But -- 2 MR. N'DIAYE: -- with him -- 3 MR. : -- but that's what would 4 have been used by the SHU staff, in order to produce to the R&D. 6 MR. N'DIAYE: No. Not necessarily. What 7 typically happens is, the R&D staff will call 8 up to SHU, and say, hey, I need down. He 9 has court. Or he's being released. So, there 10 wouldn't have been a document sent up. 11 MR. : So, everyone that we 12 talked to said R&D said, yes, we created this 13 document. 14 MR. N'DIAYE: Right. 15 MR. : And the SHU staff, 16 including the OIC, said, yes, we had 17 documentation showing that he was WAB. So 18 then, and they all said it was because it was 19 this court production list that you sent out 20 emails to -. 21 MR. N'DIAYE: Unless it's sent in the 22 early moriiiiiiiii, 23 MR. : And it's not something 24 that's sent electronically. It's something 25 they said that they generate, print out -- 120 1 MR. N'DIAYE: Right. 2 MR. : -- and hand to 3 different, the ops lieutenant has one, every 4 housing unit has one. Internal goes around and 5 collects people, based upon it or something. I 6 think. And then -- 7 MR. N'DIAYE: So -- 8 MR. : -- then they basically 9 destroy it at the end of the day, and nothing 10 is maintained in the system. They just use a 11 template, and create a new one for every day. 12 MR. N'DIAYE: So, that must have been the 13 early court movement. So, I was under the 14 impression that he was, he left in the 15 afternoon. So, when typically in the 16 afternoon, they will just call up and say, hey, 17 we got one that's leaving. So, I assumed he 18 had left that afternoon. 19 MR. : Okay. So, is it, then, 20 are you not - then to answer that question - 21 are you not sure exactly what she's referring 22 to when she says "court documentation regarding 23 WAB"? 24 MR. N'DIAYE: Like, the way you explained 25 it, then that means they were talking about EFTA00064340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 morning courts. MR. Well, that's what they were -- MR. N'DIAYE: Yeah. MR. -- I'm just talking about MR. N'DIAYE: Yeah. MR. -- specifically, what she's talking about in this email to you. Do you -? MR. N'DIAYE: But when you say WAB, With All Belongings, it depends on the time of day they left. MR. : Mm-hmm. MR. N'DIAYE: You know? You could have afternoon court, and you don't have that list generated, and say -- MR. : But if -- MR. N'DIAYE: -- we need all his belongings. MR. : -- this might help -- MR. N'DIAYE: Yeah. MR. : -- and then, we will keep this in front of you -- MR. N'DIAYE: Okay. 122 1 MR. : -- this might help 2 explain this. So, this is an email that was 3 sent from the U.S. Marshal Service, someone 4 named III (Phonetic Sp. *01:30:50). 5 MR. N'DIAYE: Mm-hmm. 6 MR. : On Thursday, August 8th, 7 2019, at 10:33 a.m. It says, "Transfer of 8 prisoners from NYM -- 9 MR. N'DIAYE: To GEO. 10 MR. : -- to GEO. 11 MR. N'DIAYE: Okay. 12 MR. : The following prisoners 13 are to be transferred." The seconiiiiiion 14 listed out of the two is, ' , 15 MR. N'DIAYE: Right. 16 MR. : "85993-054." 17 MR. N'DIAYE: Mm-hmm. 18 MR. : "Please schedule the 19 transfer for Friday, 8/09/2019. Please include 20 seven days medication with the medical summary. 21 Thank you." 22 MR. N'DIAYE: Right. 23 MR. : So, this obviously was 24 sent to R&D. Correct? 25 MR. N'DIAYE: Right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 123 MR. : Do we know what kind of medication he was taking? MR. : Well, that's . We're not talking about -. MR. N'DIAYE: That's MR. MR. MR. MR. MR. N'DIAYE: Yeah. MR. MR. MR. MR. . We're not -. I know. I just am curious. It's not -- : We don't know? . -- relevant. • Yeah. Okay. • I don't think it's relevant. Here is another email that the U.S. Marshal Service sent. This time, it was at MR. N'DIAYE: Okay. MR. . It says, "Prisoner production." It looks like it was sent to custody. MR. N'DIAYE: Mm-hmm. MR. : On Thursday, August 8th, 2019, at 3:36 p.m. And then, this, this document, prisoner schedule report is attached. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And -- MR. one. MR. MR. N'DIAYE: MR. the second person MR. N'DIAYE: MR. 124 You're looking at the second -- so, for the MCC -- Mm-hmm. : -- it shows rigtt_here, listed as Mm-hmm. : And it just says, "TF, transfer within. MCC New York." And right here, it says, Judge MCC III, . GEO. MR. N'DIAYE: Mm-hmm. MR. : What I was told, that means that he's transferring from the MCC to GEO. Is that -- MR. N'DIAYE: Mm-hmm. MR. : -- your understanding? MR. N'DIAYE: Yes. MR. : And then, on this one, this is the PP-38. On the third - for 8/09/2019 - on the third page, it shows , from Z06-22. And that means the SHU. Correct? MR. N'DIAYE: Yes. SHU. MR. : To pre-remove. MR. N'DIAYE: Mm-hmm. EFTA00064341 125 1 MR. At 8:38 a.m. 2 MR. N'DIAYE: Mm-hmm. 3 MR. : So, this was 8:38 a.m. 4 He's keyed out of our system. We got these two 5 emails from the U.S. Marshal Service, saying 6 he's being_ILysferred. 7 MR. IIIII: So, wait. Let me get this 8 clear. He's being transferred to what place to 9 what place? 10 MR. IIIIIIIIII: From the MCC to GEO. 11 MR. : And what is GEO? 12 MR. N'DIAYE: A contract facility. 13 MR. : And what is a contract 14 facility? 15 MR. N'DIAYE: A private prison. 16 MR. : Okay. And you had nothing to 17 do with -? In other words, somebody else 18 decides to go from one place to another -- 19 MR. N'DIAYE: Yes. 20 MR. : -- you (Indiscernible 21 *01:33:11). Oka . 22 MR. : The Marshals -. 23 MR. : And would that be the judge or 24 the Marshals? 25 MR. N'DIAYE: The Marshals, I guess. The 126 1 judge. I don't know how the Marshals work, but 2 they -- 3 MR. : Prosecutors. Marshals. 4 MR. N'DIAYE: Yeah. 5 MR. • Judge. 6 MR. Okay. 7 MR. : All in coordination, make 8 those determinations. But, and then, here is 9 an email from you to Mr. 10 MR. N'DIAYE: Mm-hmm. 11 MR. : With what you are talking 12 about, that memo. 13 MR. N'DIAYE: Right. 14 MR. : It says, "On Friday, 15 August 9th, 2019," but before we even get into 16 that, now that you have seen this, you have 17 seen these two emails. 18 MR. N'DIAYE: Mm-hmm. 19 MR. : From the Marshal Service 20 on August 8th. On August 9th, at 8:38, R&D 21 actually keys him out. 22 MR. N'DIAYE: Right. 23 MR. : All of them say pre- 24 removed or transferred. 25 MR. N'DIAYE: Mm-hmm. 127 1 MR. Does that now tell you 2 anything about this, court documentation 3 regarding WAB? 4 MR. N'DIAYE: Yeah. Now, it explains that 5 they had gotten a court order to have him go 6 out. 7 MR. : So, what do you think is 8 referred to that court documentation? 9 MR. N'DIAYE: I guess it must be all of 10 these documents right here. 11 MR. IIIIIIIIII: This? 12 MR. N'DIAYE: Yes. 13 MR. : So, what we're actually 14 looking at, you think she's referring to? 15 MR. N'DIAYE: That's, I think, that's what 16 she was referrin to. 17 MR. : All right. 18 MR. N'DIAYE: Yeah. 19 MR. : So, court documentation 20 meaning, documentation from the Marshal 21 Service, saying that he was going to be 22 transferred? 23 MR. N'DIAYE: Right. 24 MR. : All right. Now, based 25 upon what you are looking at here, specifically 128 1 from the Marshal Service -- 2 MR. N'DIAYE: Mm-hmm. 3 MR. -- and the fact that 4 , whom -. Is it -? I've been told 5 that everyone at the MCC knew who was 6 because they knew he was Epstein's cellmate. 7 MR. N'DIAYE: Mm-hmm. 8 MR. : But at the very least, 9 ever one in the SHU should have known who 10 was. 11 MR. N'DIAYE: Right. 12 MR. : Because he was Epstein's 13 cellmate. What should have happened once, on 14 August 8th, as early as 10:33 a.m., and as late 15 as 3:33 p.m., the day before is 16 transferred, what should have happened? 17 MR. N'DIAYE: As far as Epstein getting a 18 cellmate? 19 MR. : Correct. 20 MR. N'DIAYE: Right. 21 MR. : The notification is being 22 made that this person is being transferred, 23 everyone gathers him up. And so, what this, 24 I'm going to read this just to give you more 25 information -- EFTA00064342 129 130 1 MR. N'DIAYE: Right. 2 MR. : -- on his backtrack. 3 This is a memorandum, dated August the 12th, 4 2019, to the warden - yourself. 5 MR. N'DIAYE: Right. 6 MR. : From , who, my 7 understanding is he was the OIC of the SHU at 8 the time. 9 MR. N'DIAYE: Right. 10 MR. : It says, "Subject passed 11 information from Special Housing Unit." So, 12 "On a Friday, August 9th, 2019, at 13 approximately 1:50 p.m., I, SOS 14 p2.1 0 onto oncoming staff member, Officer 15 IIIII, aiiiiiisent shift staff, SOS and 16 Officer , that inmate was going 17 WAB, and possibly may not return. 18 MR. N'DIAYE: Mm-hmm. 19 MR. : Also, that inmate Epstein 20 will be needing a cellmate upon arrival from 21 his attorney visit." Now, what this doesn't 22 state is that Officer , or SOS 23 , walked, I mean, both Epstein -- 24 MR. : I'll go get that. 25 MR. -- as well as , down 1 to R&D -- 2 MR. N'DIAYE: 3 MR. 4 MR. N'DIAYE: 5 MR. 6 and Mr. , and 7 stated to 8 him a cellmate. 9 MR. N'DIAYE: Mm-hmm. Mm-hmm. -- with all belongings. Mm-hmm. Spoke with both Epstein stated to Mr. - I think - make sure you get 10 MR. I'm not coming back. And 11 responding to Mr. Epstein, saying, 12 "Don't worry. We're going to get you a new 13 cellmate." 14 MR. N'DIAYE: Mm-hmm. 15 MR. : Now, with all that 16 information, being that he is the OIC, he's 17 working in the SHU, he knows that he's WAB. 18 MR. N'DIAYE: Mm-hmm. 19 MR. : We've got all this stuff 20 going on. 21 MR. N'DIAYE: Mm-hmm. 22 MR. : This is the real big 23 reason why I want to talk to you -- 24 MR. N'DIAYE: Mm-hmm. 25 MR. -- as the warden. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 131 MR. N'DIAYE: Mm-hmm. MR. : This is kind of our primary purpose -- MR. N'DIAYE: Mm-hmm. MR. : -- for us being here. So, I apologize if you're going into that, but I want you to have all the information -- MR. N'DIAYE: Right. MR. : -- before I answer. What should have happened here? So, R&D is contacted the day before, or two days before fplIgin, or Epstein is found. One day before IIIII is, you know, gone. They contacted both custody, as well as R&D. MR. N'DIAYE: Right. MR. R&D pre-removes him at 8:38 on 8/09. MR. N'DIAYE: Mm-hmm. MR. The SHU OIC walks him down, to R&D -- MR. N'DIAYE: MR. Mm-hmm. -- and actually has this conversation with Epstein and , saying, I know you are WAB, we're going to get you a new staff, we're going to get you a new cellmate. 132 1 MR. : Which means - WAB means what? 2 MR. : With All Belongings, 3 neans they:E_not coming back. 4 MR. IIIII: But Epstein is not coming 5 back? 6 MR. No. 7 MR. : His cellmate. 8 MR. 9 MR. 10 MR. His cellmate. 11 MR. : So, the theory is, if you are 12 investigating, somebody says that you're not 13 going to have a cellmate anymore, and in that 14 conversation, or present during that 15 conversation, is E stein? 16 MR. : Epstein is present. Yes. 17 MR. : Okay. So, Epstein knows that 18 he's not going to have a cellmate for the 19 immediate future? 20 MR. : No. Epstein is going to 21 attorney conference. So, he's going to be -- 22 MR. : No, no, but I'm saying -- 23 MR. : -- in attorney conference 24 until about 7:00 p.m.. 25 MR. : -- that Epstein knows that, EFTA00064343 133 1 over the next, say, 24 hours, he's not going to 2 have a cellee. 3 MR. : No. , the OIC, 4 tells Epstein, as well as , that they are 5 going to get him a cellmate. Before he comes 6 back from attorney/client, his attorney visit. 7 MR. : Okay. So, Epstein would know 8 that he hiiiiiiiiiiing to have a cellmate. 9 MR. : Yeah, yeah. So, this 10 isn't part of the theory. What my question to 11 your client is, what should have happened based 12 upon the knowledge that he was WAB? The 13 contact with the Marshal Service, telling him 14 that he's being transferred. The fact that 15 R&D, you know, the OIC walked him down to R&D, 16 and R&D actually logged him out of our system. 17 What should have happened? 18 MR. N'DIAYE: So, what should have 19 happened was, this information should have been 20 passed up to the supervisors. 21 MR. : At what point? 22 MR. N'DIAYE: See, with the, this 23 information coming in, as far as, you know, 24 when R&D -- 25 MR. : Mm-hmm. 134 1 MR. N'DIAYE: -- typically, it would come 2 up to the Special Housing Unit. Once it got up 3 to that, to the Special Housing Unit, the 4 lieutenants should have been notified. 5 MR. : Okay. And which 6 lieutenant? 7 MR. N'DIAYE: Whoever was the SHU 8 lieutenant, whoever was the operations 9 lieutenant. 10 MR. : Now, on this case -- 11 MR. N'DIAYE: If the -. 12 MR. : -- the SHU lieutenant is 13 also on leave. 14 MR. N'DIAYE: Right. 15 MR. : So, we've got the chief 16 psychologist on leave, the warden on leave, the 17 SHU lieutenant on leave. But we do have an ops 18 lieutenant, we do have an activities 19 lieutenant. And we do have a captain. 20 MR. N'DIAYE: So, you should have let the 21 operations lieutenant know, if you didn't have 22 a SHU lieutenant. They, in turn, would let the 23 captain know, and the captain would push it up 24 to the execs then. Then, we would have to come 25 to a determination on who we were going to 135 1 house with E stein. 2 MR. : Now if the operations 3 lieutenant, his name is 4 MR. N'DIAYE: Right. 5 MR. 6 MR. N'DIAYE: Right. 7 MR. -- 8 MR. N'DIAYE: Right. 9 MR. : If he says, yes, I know 10 Epstein was gone, but I believe that he was at 11 court -- 12 MR. N'DIAYE: No. You mean -- 13 MR. -- and he might be 14 returning back. 15 MR. N'DIAYE: is gone. 16 MR. ..es. 17 MR. : So, knows 18 that -. Sorry, did I say Epstein? 19 MR. N'DIAYE: Yeah. You said fipitlin. Yes. is gone. IIIII knows 21 that 20 22 MR. N'DIAYE: Am-hmm. 23 MR. : But I think he's at 24 court, and then, he might not be coming back. 25 I didn't pass this information onto my relief, 136 1 who was Cannata (Phonetic Sp. *01:39:59). 2 MR. N'DIAYE: Mm-hmm. 3 MR. : However, as our 4 investigation has revealed, the ops lieutenant 5 also has one of these court production lists, 6 that lists 7 MR. N'DIAYE: Mm-hmm. 8 MR. : -- as WAB. 9 MR. N'DIAYE: Mm-hmm. 10 MR. : With that knowledge, is 11 that a reason that he thinks that he went to 12 court, and might be coming back? 13 MR. N'DIAYE: I can't interpret what his 14 thought process was, but if it said, you know, 15 he was leaving, and I don't know what he was 16 reading at the time. 17 MR. : Right. 18 MR. N'DIAYE: He could have been reading, 19 because sometimes the inmates do go out to 20 court and come back. So, I don't know. I 21 can't speak to what he read. Or why he made 22 that determination. 23 MR. : So, listen, wouldn't have most 24 inmates, when the go to court, come back? 25 MR. : The point being here -- EFTA00064344 137 1 MR. N'DIAYE: What I'm saying -- 2 MR. : -- he didn't go to court. 3 MR. N'DIAYE: Yeah. 4 MR. : He was transferred. 5 MR. N'DIAYE: He was transferred. 6 MR. : And I know you might have 7 covered this, in your understanding, in your 8 experience at the MCC, if an inmate is listed 9 as WAB -- 10 MR. N'DIAYE: Mm-hmm. 11 MR. : -- With All Belongings -- 12 MR. N'DIAYE: Yeah. 13 MR. : -- what is your 14 understanding? Are they coming back or are 15 they gone? 16 MR. N'DIAYE: That means he's 17 transferrer 18 MR. : Has there been situations 19 where they come back? 20 MR. N'DIAYE: There have been -- 21 MR. : After WAB? 22 MR. N'DIAYE: -- situations that, you 23 know, they go out and they have to have them 24 sending them back, if there was an issue. 25 MR. : Is that a unique situation, 138 1 or it happens quite often? 2 MR. N'DIAYE: No. I wouldn't say. I 3 would say that it's probably unique. But 4 usually, WAB they're gone. 5 MR. IIIIII: So, as the operations 6 lieutenant, if you see somebody listed as WAR, 7 should he have understood that that person is 8 gone, and not coming back? 9 MR. N'DIAYE: Should have. But then, 10 you're talking off the document. I don't know 11 what document they read. So, I don't want to 12 speculate what, you know, was it, you know, 13 send them to R&D, whether he saw that. I don't 14 know what document. But I'm saying, if it is 15 this document, that clearly stated WAB. 16 MR. : Okay. But as far as your 17 concern, it doesn't sound like what you were 18 saying is, , who was the OIC at the 19 time, should have he notified the ops 20 lieutenant? 21 MR. N'DIAYE: Yes. Whoever is - yeah - in 22 there should have notified the operations 23 lieutenant hey, left, and -- 24 MR. IIIII: He needs a cellmate. 25 MR. N'DIAYE: -- he needs a cellmate, 139 1 MR. Okay. So, would it fall 2 solely on the shoulders of 3 MR. N'DIAYE: No. I mean, okay, so, 4 here's the other checks and balance. So, what 5 about the other on the other shift? 6 MR. IIIIIIIIII: That's my question. 7 MR. N'DIAYE: Yeah. 8 MR. : So, or -- 9 MR. N'DIAYE: I mean -- 10 MR. : -- or the people that are 11 working on his same shift. 12 MR. N'DIAYE: -- yeah. On his own same, 13 shift -- 14 MR. : So, who -- 15 MR. N'DIAYE: -- if it was the 16 notification should have been made to the 17 operations lieutenant. Or the captain. And 18 said, hey cellmate left. He needs a cellmate. 19 MR. : Okay. 20 MR. : And that cellmate would now, 21 at some point, he goes back to the cell, but 22 that's at the end of the day. 23 MR. N'DIAYE: At the end of the day. 24 MR. : Okay. So, nobody is in a 25 position to say, hey, he's in a cell by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 140 himself. Until the end of the day. MR. N'DIAYE: Right. But the information is passed onto each other. You know, when you MR. And they are supposed to be doing 30-minute rounds, where they would notice that one cell had zero inmates in it. MR. N'DIAYE: Had zero inmates in it. MR. : Yeah. MR. N'DIAYE: So, I mean -- MR. : And that's what brings us all to MR. N'DIAYE: Right. MR. : -- here today. MR. N'DIAYE: So -- MR. : Uh-huh. MR. N'DIAYE: -- I mean, that's how it would have made, and when that got pushed up, we would have said, okay, we would have to formulate, okay, who can we get a cellmate for, for Epstein? MR. : And I apologize to ask this because, but, like, so, on each shift would be the OIC, that would beliiiiiiiible for that. So, for instance, would be on EFTA00064345 141 1 the day watch shift up until 2:00 p.m., he 2 would be the one to responsible to provide the 3 ops lieutenant, but then, the following shift, 4 would it be -- 5 MR. N'DIAYE: Whoever is the -- 6 MR. : -- the next OIC -- 7 MR. N'DIAYE: -- right. 8 MR. : -- or would also the 9 people that are working in that unit, the other 10 SHU staff, would they be responsible? Or is 11 that a chain of command thing? Like, no, the 12 OIC is really the person making that 13 notification. 14 MR. N'DIAYE: Everybody has a 15 responsibility for their safety. Everybody. I 16 mean -- 17 MR. : Sure. 18 MR. N'DIAYE: -- I might be the OIC, but I 19 have some responsibilities. If I know, okay, 20 you know what? They might need a cellmate, 21 because I, in essence, I can have an individual 22 assigned to that post, and they're just filling 23 in for somebody that, the regular person that's 24 up there. And then, I have the regular people 25 working up there, who are familiar with what's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 142 going on. So, it's kind of everyone's responsibilit . You know? MR. : So, is everyone kind of equally responsible, then, for this? That was working there and didn't pass the information on. MR. : Can you say? Don't guess. MR. N'DIAYE: You know what? MR. : No, as the warden, he would be able to say. MR. N'DIAYE: I mean, it should have been, it should have been passed on. So, I don't know the dynamics to, as far as what was going on that day, who was working up there. What rounds were been made -- MR. : Mm-hmm. MR. N'DIAYE: -- up there. You know, was the lieutenant coming around? Was the captain? How busy tlieiv ie. MR. : So, the lieutenant was not on - the lieutenant of the SHU - was not on. However, we do have records that the activities lieutenant at least visited -- MR. N'DIAYE: Yeah. MR. -- the SHU -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 143 MR. N'DIAYE: You have -- MR. : -- at that point. MR. N'DIAYE: -- you have two other lieutenants. Now, I don't know if you are familiar with the Special Housing Unit, but is a very bus unit. MR. : Yeah. MR. N'DIAYE: You know, showers. You're giving out doing a whole lot of stuff. running around all day, and, sometimes_Ihing2jappen. MR. IIIIIIIIII: Understood. case, wasn't Epstein at your most inmate? At that time. MR. N'DIAYE: I mean, besides it you're giving out recreation. You're You, you know, you know, But in this high-profile MR. Well, I guess, at least the Nine South. MR. N'DIAYE: I would say he was a high- profile. Yeah. He was a high-profile inmate. MR. : Is it, I mean, on that note, don't you think that they would have, you know, found it pretty important to notify? Especially they - and I don't know that we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 144 brought this today - but there was even signs up that they created, saying, "Mandatory 30- minute rounds on Epstein, signed by God." Or something, you know, along the lines. Not, you know, meaning, like, do this. You know? Like MR. N'DIAYE: No, that was me. MR. : Is that right? MR. N'DIAYE: That was me. No. I mean, I mean, but it was emphasized to them. I mean, so, no one could say that they didn't know. MR. : So, point being, there was, like, signs specific to even Epstein, check on this guy every 30 minutes. MR. N'DIAYE: Right. MR. : You know, orange signs that are posted up there. MR. N'DIAYE: Right. MR. So, point being, with this -- MR. N'DIAYE: It should have been passed up. MR. -- and that is where So, for us, I guess -- MR. N'DIAYE: Right. EFTA00064346 145 1 MR. -- again, and I know that 2 you are probably trying to, you know, hesitate 3 on maybe saying, like, this person did 4 something wrong, but really, who dropped the 5 ball here? Knowing, though, that you could 6 take a look, the day before, all these people 7 are the ones who received the email -- 8 MR. N'DIAYE: Right. 9 MR. : -- in custody. And so, I 10 know we see Lieutenant IIII. I'm sure - I'm 11 assuming would be on there. 12 MR. : I think is on there. 13 MR. N'DIAYE: Who? 14 MR. : Is on there? 15 MR. : It's just -- 16 MR. : I didn't see 17 MR. -- maybe. 18 MR. : But again, this one, that 19 one is not even as clear. This one 20 specificall s ells out -- 21 MR. : Yeah. 22 MR. : -- this one, you would 23 actually have to go in and look at this 24 prisoner's schedule report. 25 MR. : Okay. Let me just take a 146 1 look, just so I have, my mind is clear. There 2 is a prisoner's schedule. The prisoner's 3 schedule literall y means prisoner's schedule. 4 MR. : Well, yeah. So, the 5 prisoner's schedule report is something like 6 this, but it will tell you that they are either 7 going to, like, transfer, or they are going to 8 go to court. Whereas this other document that 9 was sent to R&D was just specifically about the 10 transfer. 11 MR. : Okay. But there is nothing 12 that says recreation, personnel care. It's 13 mostly going to and from court, or leaving the 14 institution. 15 MR. : Yeah. Because it's a 16 prisoner's schedule. 17 MR. : Okay. 18 MR. Report. 19 MR. Okay. 20 MR. So, it's, like, what they 21 are scheduled to do. Sorry. Yeah. No. It's 22 not, like, what their daily schedule is. Like, 23 in the institution. 24 MR. : Right. 25 MR. It's a U.S. Marshal 147 1 Service report that they just provided to the 2 BOP, so that they know which inmates -- 3 MR. : Right. 4 MR. : -- they need to produce, 5 and for what reason. 6 MR. : Okay. Got it. 7 MR. : Now, is that correct? 8 MR. N'DIAYE: Yes. 9 MR. : So, yeah. Based upon 10 what you are looking at here, on the 8th, and 11 then again, what we know about at the 12 very least producing, at 8:00, knowing he was 13 WAB, and R&D knowing he was WAB. 14 MR. N'DIAYE: Mm-hmm. 15 MR. : What should have happened 16 there? Like, who, in your opinion here, 17 dropped the ball? 18 MR. N'DIAYE: I think at all levels, it 19 was the checks and balance. If it went to the 20 lieutenant's office, somebody should have 21 picked it up. Working in the unit. It should 22 have been passed up to the lieutenant's office. 23 So, there were a couple of safety nets that 24 could haviiiiiiiiiit. 25 MR. : So, pretty much everybody 148 1 dropped the ball? 2 MR. N'DIAYE: I mean, if we're looking at 3 it like this, if you're saying going by an 4 email beiiiiiiiiiiiound. 5 MR. : Well, not only the email, 6 but I mean, the email, I can understand if 7 people are busy and they don't always, you 8 know, this one -- 9 MR. N'DIAYE: Right. 10 MR. : -- it would be hard to - 11 that one would be hard to -- 12 MR. N'DIAYE: Right. 13 MR. : -- you know, say that you 14 didn't know. This one, I could see maybe, you 15 know, the prisoner's schedule -- 16 MR. N'DIAYE: Well, this one, I don't -- 17 MR. : -- (Indiscernible 18 *01:48:52). 19 MR. N'DIAYE: -- I mean, I don't know what 20 gets sent out. I know, if this whole thing, I 21 don't know if it gets sent out to the staff. I 22 think more -- 23 MR. : Well, this is -- 24 MR. N'DIAYE: -- of a condensed version. 25 MR. -- this is with this. EFTA00064347 149 1 MR. N'DIAYE: Right. 2 MR. : So, this was what was 3 sent with this. This was sent specifically, 4 just that. It's not a document. That's the 5 body. 6 MR. N'DIAYE: Right. That was sent. 7 MR. : But that is, again, R&D. 8 MR. N'DIAYE: Right. 9 MR. : But, which again, R&D - 10 we didn't cover this - R&D is outside of 11 custody. Correct? 12 MR. N'DIAYE: Right. 13 MR. : But speaking with R&D, 14 they said they would have produced this list, 15 which SHU would have had, as well as ops 16 lieutenant -- 17 MR. N'DIAYE: Mm-hmm. 18 MR. : -- the lieutenant's 19 office, all the housing units, which it listed 20 as WAB. 21 MR. N'DIAYE: Right. 22 MR. : Do you know if they are 23 actually looking - like, the lieutenant's 24 office, people in the lieutenant's office, or 25 the ops lieutenant, activities lieutenant - are 'so 1 they actually look at that list and saying, or 2 that's just based upon the busyness of their 3 day? 4 MR. N'DIAYE: Yeah. I wouldn't speculate. 5 I mean, I don't know. I can't say what -- 6 MR. : Okay. 7 MR. N'DIAYE: -- lieutenant is looking at 8 stuff. I_Tals_itLs, like, the documents. 9 MR. IIIIIIIIII: No. I mean, but should 10 have they, I guess is the question? 11 MR. N'DIAYE: As far as what? Emails that 12 are comin throu h on who's leaving? 13 MR. : No, no, no. This would 14 be a physical paper that they were provided. 15 MR. N'DIAYE: Right. 16 MR. : Internal would go around 17 and provide everybody with this physical paper 18 that they create, and then, they apparently 19 destroy it at the end of the day. 20 MR. N'DIAYE: Right. So, I don't know if 21 the, you know, when internal gets the forms to 22 go, they are dropping it off at different 23 units. So, I don't know if one was passed off 24 to the lieutenant. The lieutenant would - I 25 guess this probably be the only document -- 151 1 MR. No, no, no. 2 MR. N'DIAYE: -- they tear up. 3 MR. : We are being told, by the 4 lieutenants, as well as -- 5 MR. N'DIAYE: Right. 6 MR. : -- by R&D, they all have 7 it, and they all, and it would all - and it 8 would have said WAB. Unfortunately, I haven't 9 found that document to show you this is what 10 I'm referring to. But it's a document they 11 apparently create, which they call the court 12 production list. Are you -- 13 MR. N'DIAYE: The court list. 14 MR. -- yeah. 15 MR. N'DIAYE: I've heard of the court 16 list. 17 MR. But it's like a -- 18 MR. N'DIAYE: And it -. 19 MR. : -- from my understanding, 20 it is an informal document that they are just 21 providing so that, you know, these are the 22 people that we need to produce today. 23 MR. N'DIAYE: For internal, yeah. The 24 internal officer goes around and drops them off 25 at every, you know, every unit, like hey, I 152 1 need this guy, I need that guy. It's a court 2 list. 3 MR. : Yeah. 4 MR. N'DIAYE: In the morning. 5 MR. : Exactly. 6 MR. N'DIAYE: So, yeah, that's not 7 anything on record. 8 MR. : Right. So, I guess the 9 question, though, being that they had these 10 court lists, is another one of these checks and 11 balances? Or is that really just for the 12 Special Housing Unit? 13 MR. N'DIAYE: I think they -. You mean as 14 far as the court list, I don't understand your 15 question, but -- 16 MR. : Yeah. It's just getting 17 back to the point of, like, left. We 18 were notified on the 8th. He left on the 19 morning of the 9th. 20 MR. N'DIAYE: Right. 21 MR. : Epstein was found on the 22 10th. Didn't have a cellmate for 24 hours, and 23 we knew for almost 48 hours. What should have 24 happened, and who didn't do their job? Is 25 really the question. EFTA00064348 153 1 MR. N'DIAYE: And like I said before, when 2 the notification, whoever was on the unit, knew 3 that he was leaving, it should have been passed 4 up to hisiiiiiiiiiir. 5 MR. : All right. 6 MR. N'DIAYE: This guy is leaving. But 7 then, okay, let's say the supe, or whoever is 8 working in there, doesn't do it, and somebody 9 should have stepped up and said, hey, this guy 10 needs a cellmate. And notified the lieutenant 11 that he needs a cellmate. 12 MR. : And that goes back to my, 13 anyone that was working in the SHU, should have 14 made that notification. 15 MR. N'DIAYE: Should have said it. It 16 doesn't just -. Just because you are not OIC, 17 doesn't mean all the responsibilities falls on 18 you. It's everybody's job up there to say, 19 hey, okay, we need to, you know, this is what 20 we need to do. 21 MR. : And would that be the 22 case for, when he left during the day shift -- 23 MR. N'DIAYE: Right. 24 MR. : -- the next shift is the 25 night shift, when he would have - I believe 154 1 during the night shift - he would have come 2 back -- 3 MR. N'DIAYE: Mm-hmm. 4 MR. : -- and again, if they 5 were doing rounds, they would have noticed that 6 wasn't there in the first place. But 7 also, certainly, when they brought -- 8 MR. N'DIAYE: Epstein back. 9 MR. : -- Epstein back to his 10 cell. There would have been no cellmate in 11 there. 12 MR. N'DIAYE: You should have known he was 13 a cellmate. 14 MR. : And would it be the same 15 thing for the morning shift? That they would 16 know that Epstein was in there alone? 17 MR. N'DIAYE: Because if the morning shift 18 is doing their 30-minute checks, you would have 19 realized he was in there by himself. 20 MR. : So, should have every 21 single shift reported it to the ops lieutenant, 22 that there is no one -? 23 MR. N'DIAYE: Whoever caught it should 24 have, you know, let's say one shift missed it, 25 the next shift should have picked up and said, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 155 you know, called and said, lieutenant, we got a - this guy needs a -- MR. IIIII: A cellmate. MR. N'DIAYE: -- a cellmate. MR. : And again, I know we're Monday morning quarterback because of the result here, but what is your - as the warden of the institution, on these days - how do you interpret this? Is this a really significant failure on their part, the not have caught this and passed that information up? MR. N'DIAYE: It's not following the directive. I mean, and then, look at result. MR. : Right. MR. N'DIAYE: So, I mean, the result is what, you know, caused it to be a serious matter. MR. MR. N'DIAYE: MR. Okay. Yeah. Now, as far Si back to this memo, do you know why Mr. wrote this memo/ MR. N'DIAYE: I forgot. I might have called -. I might have called Lieutenant , and said - and I don't know if he was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 156 working - said, what happened up there? MR. : Now, when you say because he was the ops lieutenant, or are you talking about IIII, who was the SHU lieutenant? MR. N'DIAYE: , who was the operations -. Because first, I know when I got back, somebody told me IIII wasn't at work, because that was my first question. Who was the SHU lieutenant? Where they are at. And then, I think I did reach out to , and said, whaiiiiiiiiii up there? MR. : Okay. MR. N'DIAYE: And that's when I found that out. MR. And did you ever speak with either or about this? MR. N'DIAYE: No. MR. : Okay. MR. N'DIAYE: Because by the time I had gotten it, was the day -. That, I got that the day of, when I had to go up to, I think the U.S. Attoiiiiiiiiiiice. MR. : Okay. To speak with them about this? MR. N'DIAYE: When I speak up to them, and EFTA00064349 157 1 them the iierSadthe memorandum. 2 MR. : He already had it on him? 3 MR. N'DIAYE: He had it on him. Because 4 he was during the interrogation, he presented 5 it to the U.S. Attorney that was there. 6 MR. : And was that the first 7 time you had seen it? 8 MR. N'DIAYE: No. I think I -. I don't 9 recall when I first saw it, but I know I had 10 gotten it. And I don't know if I had gotten 11 it, and then sent it up to my boss. And then, 12 given it to the IC. I forgot. I forget his 13 name, and who was handling the case. 14 MR. : For the IG? 15 MR. N'DIAYE: Yeah. 16 MR. 17 MR. If you weren't giving it 18 to (Indiscernible *01:55:18), it would have 19 been 20 MR. N'DIAYE: Because he sat in there with 21 us. 22 MR. 23 MR. N'DIAYE: So, he - I remember - he had 24 a copy of it. 25 MR. Okay. 158 1 MR. N'DIAYE: Because we had told him that 2 they knew that the were supposed to -. 3 MR. : So, not including when 4 you were speaking with the OIG and the FBI, did 5 you discuss this at all with anyone from the 6 BOP, such as or 7 MR. N'DIAYE: No. I just got the 8 memorandum, and that was it. Because I was, 9 like, wanting to know, like, what happened. 10 The, you know, the directives were given. What 11 happened? 12 MR. : And when you asked what 13 happened, was there a verbal response? 14 MR. N'DIAYE: It was a verbal response. 15 MR. : And what did you -? What 16 were you told? 17 MR. N'DIAYE: ThIIt!yknew he was 18 supposed to -. That had passed it on 19 to other individuals about it. 20 MR. : Now, do you think that 21 that -. What is your thought process of 22 , who is the one who actually presented 23 - excuse me - to R&D and WAR, what is 24 your thought of him now saying, you know, prior 25 to the end of my shift at 2:00 p.m., I passed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 159 it on to the next guy, saying that you guys got to do it. MR. N'DIAYE: Now -- MR. : Do you think he should have done it, passed the infraction on during his shift? MR. N'DIAYE: Yeah. Absolutely. It should have been letting the lieutenant know. MR. : Uh-huh. MR. N'DIAYE: That, hey, this is - we got a guy that needs to be -- MR. : A cellmate. MR. N'DIAYE: -- that needs a cellmate. MR. : I should clarify that. MR. N'DIAYE: What? MR. : I think on the elevator was MR. N'DIAYE: Ri ht. MR. was escorting down to R&D. And was escorting Epstein over to attorney conference. They just happened toct ss2aths, I think -- MR. IIIIIIIIII: Yeah, they were together, though. lit? MR. : -- yeah, but I think is 160 1 the one that brought him down to the - 2 down to R&D. 3 MR. N'DIAYE: Then that would make sense. 4 Because if is internal, internal takes 5 him to court. 6 MR. Okay. 7 MR. N'DIAYE: And then, if somebody is 8 going to R&D, I mean, to attorney visit, then 9 it would be SHU staff taking him. 10 MR. : All right. So, if 11 is the one who is actually providing him to 12 R&D, did he have a responsibility, that if he 13 was WAB, to make any notifications? 14 MR. N'DIAYE: I don't know if internal -. 15 You know, was internal, and I don't know 16 if he kneiiiiiiiiiiiw, the situation. 17 MR. : And typically, would it 18 be internals job - if they come and collect 19 somebody as WAB - would it be their job to tell 20 control, or the ops lieutenant, to say this guy 21 is off our books, or anything, or -? 22 MR. N'DIAYE: No. Because we have a lot 23 of inmates that move in and out. 24 MR. : Sure. 25 MR. N'DIAYE: So, he wouldn't be able to EFTA00064350 161 1 keep track of every particular inmate that is 2 going andl comin iiiiiiiii 3 MR. : Okay. Basically, 4 everyone had a share of responsibility? 5 MR. N'DIAYE: (Indiscernible *01:57:54). 6 MR. : All right. Before we 7 belabor this thing anymore, we want to just 8 initial and date these both documents. We can 9 get them out of your way and move on. 10 MR. N'DIAYE: All of them? 11 MR. Oh, yeah. Top of this, 12 top of this. 13 MR. N'DIAYE: Okay. 14 MR. This guy. You know, this 15 one. All ri ht 16 MR. : Let me take this. 17 MR. Thank you, sir. Now, 18 prior to this meeting, did you know that 19 was actually transferred at MCC, and didn't go 20 to court? 21 MR. N'DIAYE: Wait, prior to when? 22 MR. : This meeting. 23 MR. N'DIAYE: Oh, no. I knew he -. I 24 heard that. You know? After his death, that 25 he was -- 162 1 MR. Transferred. 2 MR. N'DIAYE: -- removed. That he was 3 transferred. 4 MR. Okay. 5 MR. N'DIAYE: When I came in on Saturday. 6 MR. : Were you required - or I 7 mean - were you aware that the Marshal Service 8 had sent those emails on August 8th, 2019? 9 MR. N'DIAYE: I was not aware. 10 MR. : No? Well, did anyone 11 ever, prior to August 10th, did anyone ever 12 make you aware that was transferred from 13 the institution? 14 MR. N'DIAYE: Prior to October 10th? 15 MR. : August 10th. 2019. 16 MR. N'DIAYE: I found out when I came in 17 that I -- 18 MR. : Okay. 19 MR. N'DIAYE: -- was, like, where is his 20 cellmate? 21 MR. : Okay. So, you didn't 22 know that he didn't have a cellmate on August 23 9th? 24 MR. N'DIAYE: No, I did not. 25 MR. Now, who was ultimately 163 1 responsible to make sure that Epstein has a 2 cellmate? 3 MR. N'DIAYE: I mean, if it's the 4 directive that is given out, I mean, whoever is 5 working decide - passes it up, and then, that 6 ensures, you know, to make sure he has a 7 cellmate. So -. 8 MR. So, SHU staff. 9 MR. N'DIAYE: Whoever was working up 10 there. 11 MR. Okay. When you say 12 working up there, does that include, like, 13 lieutenants doing lieutenant rounds and things 14 like that? Or -? 15 MR. N'DIAYE: Well, yeah, from what 16 transpired, it is obvious the lieutenants 17 didn't know. I mean, they knew he was, based 18 on the email that, you know, they knew he was 19 leaving, but as far as when the finality of it 20 was, when you realize, okay, is gone. 21 You take Epstein, you bring him back up in his 22 cell, and he doesn't have a cellmate. I mean, 23 something should have went off on somebody to 24 make some notifications. 25 MR. Okay. I know we're going 164 1 to talk about counts. 2 MR. N'DIAYE: Mm-hmm. 3 MR. : Mm-hmm. 4 MR. Wait, wait. The notification. 5 Would that go up as high as you? If someone 6 would say? 7 MR. N'DIAYE: They would send it up to the 8 lieutenants, then they would tell the captain. 9 And the captain would let the associate warden 10 know, and then it would get up to me. 11 MR. : Especially an instance 12 since you have a say in who -- 13 MR. N'DIAYE: Right. 14 MR. : gotcha. 15 MR. N'DIAYE: We would have to sit down 16 and say, okay, of all the available individuals 17 that are on the unit now, who can we house 18 Epstein with? 19 MR. : Now, what about in the 20 this case, where as you actually weren't 21 working that day, would that -- 22 MR. N'DIAYE: Mm-hmm. 23 MR. : -- should have they 24 called you -- 25 MR. N'DIAYE: Yeah. Whoever is -- EFTA00064351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 165 MR. -- on the -? MR. N'DIAYE: -- whoever was the acting warden. MR. That would make the determination? MR. N'DIAYE: She would have made the determination to. MR. Who was the acting warden that day, do you know? MR. N'DIAYE: I don't know if I left in -- Okay. -- as the acting. One of those two. It would be one of those two. MR. MR. N'DIAYE: MR. MR. N'DIAYE: MR. And it wouldn't be the MR. N'DIAYE: No. He's the executive assistance. MR. Now, what is the difference between, like, an executive assistance and an AW? MR. N'DIAYE: The associate warden is a GS-14, and the executive assistant is a 13. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 166 MR. Okay. So, they are not - MR. N'DIAYE: No. MR. : -- but what, is that executive assistant just mainly to assist you in your functions? MR. N'DIAYE: He assists in the functions. I had also given him some other departments to monitor. MR. : Mm-hmm. MR. N'DIAYE: So, they manage, also, those other departments. MR. : Okay. MR. : I just got a question. I don't know if you may be asked him about the backup list. Was there a backup list of names? MR. N'DIAYE: For? MR. : I think, I think we did talk about it, but if - we did -- MR. : Okay. MR. -- but -- MR. : Sorry. MR. -- when we talked about if was removed because the institution always has people coming and going -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 167 MR. N'DIAYE: Mm-hmm. MR. : -- so frequently, was there, like, a list that was set in place, that we would now consider these people, or would it be just the whole new -? MR. N'DIAYE: No. Because we would have to base it on who was there. Okay. Because of the turnover in MR. MR. N'DIAYE: the unit. MR. : Mm-hmm. MR. : All going to get into counts. MR. N'DIAYE: MR. from you to Mr. for -- MR. N'DIAYE: MR. Saturday, August MR. N'DIAYE: MR. SHU. Correct? MR. N'DIAYE: MR. Mm-hmm. So, this is an email sent . It's the count slips right. Now, we're Mm-hmm. -- it was sent on 10th, 2019, at 5:11 p.m. Mm-hmm. : This shows, ZA is the Right. So, this says, at 8:10, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MR. : I think that was just an -- 21 MR. : 72. 22 MR. -- attachment to that email 23 that you sent. 24 MR. So, but as you know, as 25 you notice, one of them said -. So, the count 168 it shows that the count for ZA was 73. Signed by M. and Ms. Noel. MR. N'DIAYE: Mm-hmm. MR. : And it says, that count was done, it looks like, at -- MR. N'DIAYE: 12:01 a.m. MR. : 12:01 a.m. And then, we get the next one is at 3:00 a.m. MR. N'DIAYE: Mm-hmm. MR. : It goes down to 72. MR. N'DIAYE: Mm-hmm. MR. : At 5:00 a.m., there is 72. And here is the count, the institutional count, it shows 72 at - what time? - 12:00 a.m. Or no. This one is 3:00 a.m. MR. N'DIAYE: 3:00 a.m. MR. : I don't know why this is all out of order. 5:00 a.m. So, at 12:00 a.m., this says 72. 72. EFTA00064352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 169 slip said 73 for 12:00 a.m., over the institutional count. And as you see here, for 12:00 a.m. it said 72. MR. IIIII: By the institution, you mean the SHU? MR. No. The institution. MR. N'DIAYE: It means the whole. MR. MCC does a count -- MR. N'DIAYE: Yeah. MR. -- and -- MR. Right. MR. -- its' what the official MR. The count. MR. • -- number show -- MR. Yeah. Okay. MR. • -- the SHU, these count slips are supposed to be the -. Actually, let you, you can answer my question. What is supposed to be the difference between what happens with the count slip, and what happens with the institutional count? So, I'm not answering your question. MR. N'DIAYE: So, what happens is, on the shift, you call the count, and the different 170 1 units call in the count to control center. 2 MR. : And how do they get that 3 count number? 4 MR. N'DIAYE: From counting. They have to 5 go around and count. 6 MR. Physically counting an 7 inmate? 8 MR. N'DIAYE: You have to -- 9 MR. : Correct? 10 MR. N'DIAYE: -- physically count the 11 bodies. 12 MR. And then, they take that 13 total amount of inmates, and they call that 14 into the control center? 15 MR. N'DIAYE: They call that into the 16 control. 17 MR. : And where does the 18 control center get their numbers from? 19 MR. N'DIAYE: This is what is called an 20 El. Which is a print out of the number of 21 inmates in each unit. 22 MR. : Right. 23 MR. N'DIAYE: So, if an instance, for 24 example, we look at BA unit. So, there is 25 supposed to be 26 in there. If somebody calls 171 1 it in there, they say, it says 25, they tell me 2 it's a bad count. 3 MR. Mm-hmm. 4 MR. N'DIAYE: So, they have to go back and 5 count again. 6 MR. So, the El is created 7 based upon what inmates are listed within your 8 system. 9 MR. N'DIAYE: Right. 10 MR. : The count slips are based 11 upon how many inmates they actually count. 12 MR. N'DIAYE: What they count. 13 MR. : And the purpose of that 14 is what? Why are the inmates counting inmates, 15 and why are they providing that number to 16 control? 17 MR. N'DIAYE: So, we make sure every 18 inmate is in the institution. 19 MR. : The countability of the 20 inmates. Correct? 21 MR. N'DIAYE: Yes. 22 MR. : Great. So, the - so, 23 does that answer your question? 24 MR. : Mm-hmm. 25 MR. So, the next email is 172 1 sent about one hour later, at 6:13 p.m., on 2 August 10th. It says, "Why did the count 3 change from 73 to 72 between 12:00 a.m. 4 3:00 a.m.?" MR. N'DIAYE: Mm-hmm. 6 MR. : Do you 7 response was to that? 8 MR. N'DIAYE: I don't. 9 MR. : And then, this one is 10 another one from to yourself. 11 MR. N'DIAYE: Mm-hmm. 12 MR. : It says, "The 12:00 a.m. 13 count slip reads 73, and the 12:00 a.m. -- 14 MR. N'DIAYE: El. 15 MR. : -- El says 72." 16 MR. N'DIAYE: Mm-hmm. 17 MR. : So, those kind of go 18 together. Do you remember what your findings 19 were there? 20 MR. N'DIAYE: I don't remember. Because 21 typically what happens on the count, you are 22 supposed to - the lieutenant is supposed to 23 take one count at night, and then review 24 documentation. So, I don't know what happened 25 with the discrepancy. and remember what your EFTA00064353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 173 MR. : I mean, this isn't really that relevant, because we noted Epstein was there. MR. : No. It's relevant for our investigation. MR. N'DIAYE: Right. MR. : All right. So, if you don't mind, just initialing and dating that, and then, we can explain to you why that is relevant. So, you don't, though, recall? You didn't find out what actually happened? MR. N'DIAYE: I don't recall what the response .1, MR. : No? And do you remember looking into it at all? MR. N'DIAYE: When was that sent? MR. That was the day -- MR. N'DIAYE: When did he send it? MR. -- that was the day of. MR. N'DIAYE: The day of. MR. The day Epstein was found. MR. N'DIAYE: I don't because it was just so much goin on. MR. : Yeah. MR. N'DIAYE: That I can't really remember 174 1 what, howiiiiiiiiiied to them on that day. 2 MR. : Do you remember learning 3 anything about the accuracy or inaccuracy of 4 the counts, on the 9th and 10th? 5 MR. N'DIAYE: What do you mean the 6 accuracy and inaccuracy? 7 MR. : Like, if the counts were 8 actually accurate or not. 9 MR. N'DIAYE: I don't recall that. 10 MR. : You don't recall -- 11 MR. N'DIAYE: No. I can't think of that. 12 MR. -- finding out about 13 that? 14 MR. N'DIAYE: No. 15 MR. : Did you recall, did you 16 find out if the SHU counts and rounds were not 17 conducted by the SHU on August 9th or 10th, 18 2019? By the SHU staff. 19 MR. N'DIAYE: If they did rounds or not? 20 MR. : Correct. Did you find 21 out if the SHU staff had conducted both 30- 22 minutes rounds, as well as the institution 23 counts on August 9th and 10th? 24 MR. N'DIAYE: I don't know if it was after 25 the fact that I was told that the Officer did 175 1 make their rounds. And I don't recall if it 2 was, they put it in the logbook, that they made 3 rounds, but that in all actuality, it wasn't 4 done. 5 MR. : Okay. 6 MR. N'DIAYE: So, that might have been 7 something that came up afterwards. 8 MR. : But you are not super -. 9 You know, this, you don't really know what 10 happened or didn't happen? 11 MR. N'DIAYE: That day. Because I mean, 12 it happened that weekend, everything was 13 moving, and then, by Monday -- 14 MR. : Right. So -- 15 MR. N'DIAYE: -- everything lese just 16 changed. So -- 17 MR. : -- but on the 10th or 18 11th, you didn't hear -- 19 MR. N'DIAYE: -- I didn't -- 20 MR. : -- find out? 21 MR. N'DIAYE: -- hear anything about, 22 recall an thin that. 23 MR. : But had you heard that 24 they didn't at least conduct some of their 25 rounds and counts? 176 1 MR. N'DIAYE: That they didn't? 2 MR. : That they did not. 3 MR. N'DIAYE: It was - and I don't want to 4 use the word that it was just, you know, an 5 assumption, you know, like, because one of 6 them, I had asked to come up and speak with, 7 but it was Thomas he wouldn't come up. 8 MR. IIIIIIIIII: And this was on the 10th 9 in the morning? 10 MR. N'DIAYE: This was on the 10th, when 11 we got him up, because I wanted to speak with 12 him because people were telling me he was 13 distraught. 14 MR. : Mm-hmm. 15 MR. N'DIAYE: So, I wanted to make sure he 16 was all right. You know? And he just, he 17 didn't want to come up and talk. 18 MR. : What are your thoughts of 19 Thomas as an employee? 20 MR. N'DIAYE: I've known Thomas a couple 21 years. I never had any issues with him. You 22 know, it was any, you know, like any other 23 employee, you do something, I correct you on 24 the spot, and that's it. But I have never 25 encountered him to do anything, known him not EFTA00064354 177 1 to count,iiiiiiiiib, you know? 2 MR. : What about Ms. Tova Noel? 3 MR. N'DIAYE: She was new. So, she had 4 just gotten there. You know, she got the same 5 spiel from me that everybody else does. You 6 know? You are new. You can't do the things 7 that somebody at 20, that has 20 years in it. 8 They're not doing their job, you shouldn't be 9 following it. 10 MR. And did you 11 MR. N'DIAYE: So -. 12 MR. -- actually speak with 13 her about that? 14 MR. N'DIAYE: Oh, I do that in my 15 (Indiscernible *02:09:22) class, when they 16 first come in. 17 MR. Okay. So, that is 18 something -- 19 MR. N'DIAYE: And I had -. 20 MR. -- you would have said to 21 everyone? 22 MR. N'DIAYE: Oh, I said it clear as day. 23 And same thing I would say in my ART class. 24 Annual Refresher Training. 25 MR. Because this is -- 178 1 MR. N'DIAYE: (Indiscernible *02:09:34). 2 MR. : -- one of her excuses, 3 saying that 20 year guys, I'm following them, 4 they are not doing it, so I'm not doing it. Is 5 that something you clearly entrust -- 6 MR. N'DIAYE: So, here's my speech -- 7 MR. : -- to her? 8 MR. N'DIAYE: -- my spiel I used to tell 9 people. I said, go ahead and follow that 20 10 year guy, and you are on probation, guess what 11 happens? He might get some time in the street. 12 You're gettin fired. 13 MR. : And are you confident 14 that Ms. Noel would have heard that speech from 15 you? 16 MR. N'DIAYE: She heard the speech from 17 me. 18 MR. : Okay. 19 MR. N'DIAYE: Yeah. I'm confident. 20 That's the speech I gave everybody. Same thing 21 in the ART. 22 MR. : Okay. 23 MR. N'DIAYE: Yeah. 24 MR. : Good enough. 25 MR. N'DIAYE: So. 179 1 MR. All right. So, this is 2 going to go back. This is just my little list 3 that I wrote of exactly what happened, and then 4 I'll read to you, but -- 5 MR. N'DIAYE: Mm-hmm. 6 MR. : I just want just for 7 our purposes, I'm going to just show you, and 8 you can refer to them. On this one, at first, 9 going to be the count on the 9th, that was 10 conducted at -- 11 MR. : 4:00 p.m. 12 MR. -- is this 4:00 p.m. Is 13 this the 4:00 p.m. or the 5:00 p.m. here? 14 MR. N'DIAYE: No. This? 15 MR. ..:00 p.m. 16 MR. : 4:00 p.m. count. There's 17 just signed off -- 18 MR. N'DIAYE: No. There's no 4:00 p.m. 19 count. 20 MR. -- yeah, it's the 5:00. 21 MR. : 5:00. Sorry. 22 MR. N'DIAYE: Yeah. It's -- 23 MR. : Yeah. 24 MR. N'DIAYE: -- 12:00. 12:00. 3:00. 25 And 5:00. 1 MR. ..1o, 2 MR. 3 Friday. 4 MR. : I'd say (Indiscernible 5 *02:10:40)-- 6 MR. 7 that a -- 8 MR. 9 MR. 10 MR. 11 MR. 12 MR. 13 MR. 14 MR. 15 MR. 16 MR. 17 there is 18 MR. 19 MR. 20 Sorry. 21 MR. 22 MR. 23 Midnight. 24 MR. and 5:00. 25 MR. : 3:00. And 5:00. So, 180 no. This is afternoon. Yeah. So, this is All right. Friday. Is -- (Indiscernible *02:10:41) • -- 4:00 p.m. -- You told him about overnight. • -- count? N'DIAYE: Oh, it's a 4:00 p.m. count. : It's a 4:00 p.m. • Yeah. N'DIAYE: Okay. Then 4:00 p.m. Then the 8:00 p.m. : No, no. 4:00 p.m. 10:00. • 4:00 p.m. 10:00 p.m. : And midnight. 4:00 p.m. 10:00 p.m. EFTA00064355 181 1 these are basically the time period in 2 question. Everywhere from 4:00 p.m. through 3 the 5:00 a.m. count the next day, on August 9th 4 and 10th. 5 MR. N'DIAYE: Okay. 6 MR. : Here are the lieutenant 7 logs. And these are the emails that, again, 8 I'm going, just going over these just because, 9 so I'm not blowing things out of thin air. 10 These are the -- 11 MR. N'DIAYE: Mm-hmm. 12 MR. : -- yeah, emails that we 13 were able to obtain. So, this was from a 14 . Who was the ops 15 lieutenant at that time. 16 MR. N'DIAYE: Right. 17 MR. : Fairly regularly. 18 MR. N'DIAYE: Mm-hmm. 19 MR. : And during the morning 20 watch. So, this one was sent, from her, on 21 Saturday, August 10th, 2019, at 9:26 a.m. It 22 says, these are the August 10th, 2019. Daily 23 activity report. And then, we got the daily 24 lieutenant's log here. 25 MR. N'DIAYE: Mm-hmm. 182 1 MR. So, where would this -? 2 This is just out of order. This should have 3 been first. So, Friday, August 9th, 2019, she 4 sends one at -. So, first, I want to ask this 5 question. So, on Friday, August 9th, 2019, she 6 sends one at 5:11 a.m. 7 MR. N'DIAYE: Mm-hmm. 8 MR. : And Saturday, she sends 9 it at August 10th, 2019, at 9:26 a.m. 10 MR. N'DIAYE: Mm-hmm. 11 MR. : And on Sunday, August 12 11th, 2019, she sends it at 6:15 a.m. 13 MR. N'DIAYE: Mm-hmm. 14 MR. : Now, reviewing all of the 15 lieutenant logs that came out prior to that 16 time, they are all sent out pretty much between 17 5:00 a.m. and 6:00 a.m. -- 18 MR. N'DIAYE: Mm-hmm. 19 MR. : -- by all the various -- 20 MR. N'DIAYE: Right. 21 MR. : ops lieutenants. Do 22 you find it odd that she didn't send this one 23 out until 9:26 a.m., being that, I know Epstein 24 was found at 6:33 a.m., but typically, they 25 were sent out much earlier than that. 183 1 MR. N'DIAYE: Mm-hmm. 2 MR. : Is that -? I know she 3 sent it out after the incident, and after, you 4 know, everything happened, but do you think it 5 was weird that she sent that one out at 9:26 6 a.m. versus prior to that 6:33 a.m., when her 7 shift ends at 6:00 a.m.? 8 MR. N'DIAYE: I mean -. 9 MR. : She was relieved at S:30 a.m. 10 by Lieutenant 11 MR. N'DIAYE: That's what I'm saying. She 12 wasn't at the -. When I got there, Lieutenant 13 was the lieutenant -- 14 MR. : Correct. 15 MR. N'DIAYE: -- who contacted me 16 regarding -. 17 MR. She was supposed to be 18 gone by 5:30 a.m. 19 MR. N'DIAYE: So, yeah. I don't know. If 20 she left at 5:30 or whatever, and I don't know 21 how they (Indiscernible 02:13:07). 22 MR. : Well, that's when she was 23 relieved. She didn't leave until after this 24 was sent out at 9:26 a.m. 25 MR. N'DIAYE: I don't recall her being in 184 1 the institution around then. 2 MR. : She - after Epstein was 3 found - she actually went into the SHU. She 4 helped with feeding. And then, she went back, 5 and she did some things on the computer. 6 MR. N'DIAYE: I thought -- 7 MR. : And she sent it. 8 MR. N'DIAYE: -- I thought IIII relieved 9 her, and she left. 10 MR. : At 5:30 a.m., she was 11 relieved. She stuck around because she said 12 she had work to do. After Epstein was found, 13 she came to the SHU, and assisted 14 who also wasn't working in the SHU, but 15 was there because he was the Comtech guy. And, 16 at the time, was gone. Noel was there. 17 But at some point, Noel left. 18 MR. N'DIAYE: And I'm looking_at this, but 19 I was under the impression, when MI had told 20 me he had relieved her, and she left. 21 MR. : So, do you find that odd, 22 then, that she was still there until -- 23 MR. N'DIAYE: Until 9:30. 24 MR. : -- at least 9:30 a.m.? 25 MR. N'DIAYE: Yeah. I didn't, I didn't -. EFTA00064356 185 1 Yeah. 2 MR. : This is the first you're 3 hearing of this? 4 MR. N'DIAYE: Yeah. Because when I was 5 told she aic,e. So, unless -- 6 MR. : Because you wanted to 7 talk with her? 8 MR. N'DIAYE: -- no. I mean, he relieved 9 her. So, I guess, technically, when you 10 relieve somebody, then it becomel_y2ur issue. 11 So, I was talking to Lieutenant IIII. But I 12 didn't want, you know, I assumed she was the 13 one that -. But I heard she had left. I 14 didn't know she had come back. 15 MR. : She allegedly did not 16 come back. She allegedly was there -- 17 MR. N'DIAYE: There. 18 MR. : -- the entire time. 19 MR. N'DIAYE: So then, that is kind of 20 odd, because usually, your log is completed 21 before you leave. 22 MR. : Right. 23 MR. N'DIAYE: On your log, you will write 24 on there, relieved by such and such. 25 MR. : So, is that suspicious to 186 1 you at all? 2 MR. N'DIAYE: Kind of. Yeah. But I'm 3 curious as to why you didn't log it down 4 something. 5 MR. : Now wh -? What kind of 6 employee is 7 MR. N'DIAYE: Had some issues with her. I 8 mean, I don't want to -. You know, everything 9 that is going on is an allegation. So, I don't 10 want to go speaking on allegations that I have 11 sent up. 12 MR. : Was she a problem 13 employee, then? 14 MR. N'DIAYE: I had some issues. Yeah. 15 MR. : Any reason why she 16 believed that she might be involved with 17 Epstein and his death? 18 MR. N'DIAYE: Oh, no. I wouldn't put it 19 as far as that. I mean, but it is just, I 20 wouldn't. And I don't know -- 21 MR. : She's (Indiscernible 22 *02:15:29) to tell. I mean -- 23 MR. N'DIAYE: -- I mean -- 24 MR. : -- (Indiscernible *02:15:29). 25 MR. N'DIAYE: -- that's why I went over -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 187 Can you rephrase your question, like, what are we saying? MR. : Yeah. I mean, I'm going all the way to -. I just ramped it up to 100 miles an hour. I'm just saying all the way to MR. N'DIAYE: I can't -- MR. : -- to probably, could you -. Was there any reason to believe that she could be potentially involved with this? MR. N'DIAYE: As far as doing harm to him? MR. : Keeping his cell door open. And letting another cell door open for someone else. You know -- MR. N'DIAYE: I wouldn't -- MR. : -- anything like that. MR. N'DIAYE: -- I wouldn't see that. MR. : No? MR. N'DIAYE: I couldn't see that. No. MR. : No reason to believe it would go that far, just maybe insubordination is the highest that she goes? MR. N'DIAYE: Yeah. I would, you know, I MR. She -- 188 1 MR. N'DIAYE: -- she has the allegations 2 up. I know you guys were seeing the 3 allegations. So, I, yeah, but I wouldn't go 4 that far. But I can't -. 5 MR. : Well, is she in a position to 6 do something like that? 7 MR. N'DIAYE: What? 8 MR. : To leave the door open, or 9 somethingliiiiiiiiiregious? 10 MR. : She does lieutenant 11 rounds. 12 MR. N'DIAYE: Yeah. 13 MR. : She's the ops lieutenant. 14 MR. : She is in position to do that. 15 MR. N'DIAYE: But remember, when you are 16 going down range and the range door keys, you 17 can't have both. Somebody would have to let 18 her down there. 19 MR. Okay. 20 MR. N'DIAYE: And those keys. Those keys 21 go down. 22 MR. Do you know if she was 23 particularly friendly with either Noel or 24 Thomas? 25 MR. N'DIAYE: I don't know what their EFTA00064357 189 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 relationship was. She was the shift lieutenant. So, I don't know what relationships. Who she's had (Indiscernible *02:16:48. MR. : For the 8th, I just realized we might not have the daily log for it. MR. : Fortunately, I brought backups of different things. So, I think I got MR. Jesus Christ. MR. : The 9th and the 10th is in there. MR. : I keep looking at this pile. I think those eff'ing sons a bitches are working hard. MR. I don't think the 9th is in there. MR. N'DIAYE: Yeah. MR. lust the 10th. MR. : Yeah. MR. No, no. It's the second set. MR. No, that's the 10th. MR. : No, the dates are -- MR. N'DIAYE: Can I say -? MR. : -- the following dates. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sorry. MR. N'DIAYE: Can I see the time (Indiscernible *02:17:14)? MR. : Just, I just want to confirm with that. MR. : Of course. Yeah, yeah. Okay. That's the August 9th. : Yeah. Okay. Great. So, those two. Yeah. : That's the previous date we MR. MR. MR. MR. MR. don't have. MR. All right. (Indiscernible *02:17:25) right now. All right. So, what did you want to see? MR. N'DIAYE: I wanted to see that 9:26 one. MR. MR. N'DIAYE: MR. were going to show that's what we are MR. N'DIAYE: MR. Yeah. So, that is -- Mm-hmm. : -- and this is what we you, is the count numbers, getting at next. Wait. Which is the one -? So, this is from Friday, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 191 August 9th. MR. N'DIAYE: Okay. This is at what time? MR. : This just, that says morning watch. MR. Ish. MR. N'DIAYE: Yeah, but why is it saying the 10th? MR. : So, it was, the email was sent out on the 10th morning. Right? But when MR. MR. M.- she included everything - MR. • -- shift -- MR. -- everything from the previous day. MR. N'DIAYE: Yeah, but this is August 9th. MR. They sent it out the day after. MR. N'DIAYE: Epstein is back. MR. So, see this one? one is sent out on Sunday, August 11th, day prior, starting -- MR. N'DIAYE: Right. So -- : So, she was -. Her -- This for the 192 1 MR. -- Saturday, August 10th. 2 MR. N'DIAYE: -- no, I get that. So, she 3 started. Her shift was morning watch on 4 Friday. Okay? So, she goes to 12:00. So, she 5 is relievILLLieutenant 6 MR. 'I'll': So, no, no. 7 MR. N'DIAYE: No, this is -. This should 8 be Thursd,ii_into Friday. 9 MR. 'I'll': Yes. 10 MR. N'DIAYE: Okay. No. I -- 11 MR. : So then, it goes -- 12 MR. N'DIAYE: -- yeah. See. I thought 13 this was -- 14 MR. : -- into day watch. 15 MR. N'DIAYE: -- the day of. Then you go 16 to day watch, and it goes to evening watch. 17 Now, what is the -? Which log is it for the 18 day of? 19 MR. : So, this is the day of. 20 MR. I iMn-hmm. 21 MR. N'DIAYE: Okay. 22 MR. : And this is, we are going 23 to get into. So, this one is the day before, 24 August 9th, when left, and we can look to 25 see on here, as well, where it says -. So, if EFTA00064358 193 1 we go to this 8:38 on the lieutenant's log, it 2 sayl_Ihat is pre-removed. Right here. 3 "IIIII to pre-remove at 8:38 a.m." 4 MR. N'DIAYE: Okay. So -- 5 MR. : That is August 9th, 2019. 6 So, we're going to go all the way down to -. 7 The one thin I guess -- 8 MR. : So, the count -- 9 MR. : -- we want to look at is, 10 here, we got this individual, 11 (Phonetic Sp. *02:19:31). Who is on dry cell 12 with staff in R&D watch. 13 MR. N'DIAYE: Right. 14 MR. : From the SHU. So, if you 15 look at the count -. Where the heck is the -? 16 MR. N'DIAYE: Okay. So, I just want to go 17 back to ciiiiiiiiiiething with -- 18 MR. : Yup. 19 MR. N'DIAYE: -- with Lieutenant 20 So, we are saying this is at 9:23, she did it. 21 Right? 22 MR. : 9:26. 23 MR. N'DIAYE: So - 9:26 -- 24 MR. : She did it. 25 MR. N'DIAYE: -- this was on -- 194 1 MR. : The 10th morning. Saturday 2 morning. 3 MR. N'DIAYE: -- this is when she sent it 4 out. 5 MR. : Correct. Like, three 6 hours after Epstein was found. 7 MR. N'DIAYE: And this is -- 8 MR. : (Indiscernible 9 *02:20:03). 10 MR. N'DIAYE: -- Friday's log. 11 MR. : Correct. 12 MR. N'DIAYE: That that's -. 13 MR. : But they - the same 14 thing, though - they all seem to sending it out 15 the day before. 16 MR. N'DIAYE: The day before. And then, 17 she sent the day before logs out on Saturday. 18 Yeah. 19 MR. : She combined it. If you look 20 through it, it has everything combined. 21 MR. N'DIAYE: Right. 22 MR. : It goes from morning watch, 23 day watch, evening watch, into -- 24 MR. N'DIAYE: Right. But I'm just -. 25 That should have been done the day before. 196 1 MR. -- 6:00 a.m., but got 2 relieved at 5:30. So -- 3 MR. N'DIAYE: That's right. 4 MR. : -- yeah. 5 MR. N'DIAYE: The lieutenants were working 6 from 10:00. 10:00 to 6:00. 7 MR. : Correct. Because the, we 8 were told because of traffic issues -- 9 MR. N'DIAYE: Yeah. 10 MR. : -- or something else. 11 MR. N'DIAYE: And short -. Yeah. 12 MR. : So, what we want to, and 13 I want to kind of reference here is, III 14 on dry cell, with SHU staff and R&O. 15 MR. N'DIAYE: Right. 16 MR. And the end of this shows 17 72. 18 MR. N'DIAYE: Mm-hmm. 19 MR. So, on August 9th, 2019, 20 at 11:59 a.m. - or August 10th, 2019, at 12:00 21 a.m. - there is supposed to be 72 inmates, 22 according to this log that sent 23 out. 24 MR. N'DIAYE: Right. 25 MR. There is supposed to only 195 1 Okay. 2 MR. I don't think you're 3 right, bud. I think she's just doing the 9th. 4 The next day does the 10th. 5 MR. N'DIAYE: Yeah. That's right. 6 MR. MiYeah. Okay. 7 MR. : (Indiscernible *02:20:41) 8 combined. 9 MR. N'DIAYE: Yeah. That's what -- 10 MR. : Okay. 11 MR. N'DIAYE: -- that's why I'm a little 12 confused about. 13 MR. Yeah. No. She's not -- 14 MR. Because when she came -- 15 MR. -- she does the day 16 before. 17 MR. : -- she came on shift at 10:00 18 p.m. 19 MR. She started her shift at 20 10:00 -- 21 MR. 10:00 p.m. 22 MR. : -- p.m. 23 MR. Of the 9th -- 24 MR. And worked until -- 25 MR. -- evening. EFTA00064359 197 1 be 72 inmates there. 2 MR. N'DIAYE: Right. 3 MR. : Now, look at the shift 4 for August 10th, when this person started their 5 shift, there was 73. 6 MR. N'DIAYE: So -- 7 MR. : And the institutional 8 logs -- 9 MR. N'DIAYE: -- right. 10 MR. : -- show at 12:00 a.m., 11 there were - or so, that looks like - so, there 12 is -. Let's go. So, for ZA, there shows 75 at 13 the 4:00 p.m. count. The 10:00 p.m. count, 14 there shows 73. And then, at the midnight 15 count, there it says 72. However, the count 16 slips, if ou recall -- 17 MR. : 73. 18 MR. -- where are the count 19 slips? So, it is -- 20 MR. : The counts. 21 MR. -- it says the SHU 22 submitted a count slip for 73 at 12:00 a.m. 23 Here you go. So, that is not the count. Oh, 24 yeah. There. So see? 12:00 a.m., they 25 submit it. Noel submitted 73. 198 1 Although, the institutional count says 72. 2 Now, not , but the next one 3 shows that, the next ops lieutenant shows that 4 73 is what is written in this. She went back 5 and changed 72, the day before, with the 9:30, 6 because it was determined -- 7 MR. N'DIAYE: That he was on the outcount, 8 and on -- 9 MR. : -- oh, yeah. 10 MR. N'DIAYE: -- (Indiscernible 11 *02:22:57iiIIIIIIII 12 MR. : And so, was 13 never removed -. So, look at -. It shows it 14 on this. "One SHU correction. dry 15 cell." So, at 12:35 a.m., and we do have 16 ri ht here. 17 MR. : Looking back. 18 MR. : Okay. So, this just 19 says, this is what happened with him. He was 20 found to have contraband, that he was providing 21 to a visitor in the SHU, at approximately, 22 like, I think 1:00 p.m. on August 9th. He was 23 moved from the SHU to dry cell. And he was 24 never -- 25 MR. N'DIAYE: Keyed in. 199 1 MR. -- keyed out. 2 MR. N'DIAYE: What - yeah - what they 3 should -- 4 MR. : Keyed out of the SHU. 5 So, the institutional counts were reflecting -- 6 MR. N'DIAYE: 73. 7 MR. : 73. That is what the 8 SHU continued reporting. 73. Because that is 9 what - that's what, according to the system, 10 was supposed to be in there. But if they had 11 physically -- 12 MR. N'DIAYE: Counted. 13 MR. : -- counted -- 14 MR. N'DIAYE: They would have known -- 15 MR. -- it would have -- 16 MR. N'DIAYE: -- he wasn't there. 17 MR. -- been 72. Correct? 18 MR. N'DIAYE: Right. 19 MR. : So, with this 20 information, and I guess as the warden, would 21 that suggest to you that they were not actually 22 conducting their counts? 23 MR. N'DIAYE: They weren't counting. And 24 then, there is no count slip here for the 25 inmate that was on dry cell in R&D. 200 1 MR. Right. 2 MR. N'DIAYE: There should have been a 3 count slip for him over there. So, what should 4 have happened was, the inmate - him - he should 5 have been outcounted in R&D. And then, the 6 R&D, you would have seen one. So, there was a 7 count slip. Whoever is sitting and watching 8 him should have did a count slip on him. And 9 then, whoever his back up was should have done 10 a count sli 11 MR. : And this is, from my 12 review of everything -- 13 MR. N'DIAYE: Mm-hmm. 14 MR. : -- this is what I found. 15 I don't want to put my words into 16 mouth, but let me know if this makes sense to 17 you. It says, "Count discrepancy on the August 18 9th, 2019. Per the daily activity report dated 19 August 10th, 2019, and the attachment 20 lieutenant log from August 9th, 2019." So, 21 that's what we are looking at here. 22 MR. N'DIAYE: Mm-hmm. 23 MR. : "The day began with 77 24 inmates assigned to ZA." Or the SHU. "The 25 5:00 a.m. El institution count, respective ZA EFTA00064360 201 1 SHU count slips, a es on count shows 77. At 2 8:38 a.m., inmate is pre-removed from ZA 3 for count, and taken off the lieutenant log. 4 The accurate ZA SHU count moves down to 76. 5 was removed from the institution and does 6 not - and should not - appear on any counts at 7 this time. 8 At 3:15 p.m., inmate was placed 9 on RA dry cell from ZA, which moves the 10 accurate ZA count down to 75 on the lieutenant 11 log. The 4:00 p.m. El shows a total of 76 12 inmates assigned to ZA." With one in attorney 13 conference, which was Epstein. "This indicates 14 that was not keyed out of the SHU, 15 and keyed into RA. The ZA eyes on count slip 16 shows 75. Inaccurate. 17 It should have reflected 74 because, 18 although there were 75 inmates assigned to the 19 SHU, Epstein was in attorney conference. There 20 were no inmates assigned to RA on the El 21 institutional count, and there was no count 22 slip for RA, eyes on count." This is where the 23 problem begins. 24 MR. N'DIAYE: Mm-hmm. 25 MR. "At 6:34 p.m., inmate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 202 Hemingway is moved to ZA, and brings it down to 74. 6:47 p.m., inmate (Phonetic Sp. *02:26:10) is moved from ZA to ES, bringing it down to 73. At 8:21 p.m., Felix (Phonetic Sp. *02:26:15) and William is moved to ZA, to suicide watch, bringing the accurate count down to 71. At 8:28 p.m., inmate Garcia Pina (Phonetic Sp. *02:26:23) is moved from K into ZA, bringing the accurate count up to 72. The 10:00 p.m. El shows a total of 73 inmates assigned to the ZA, but zero inmates assigned to RA. The ZA eyes on count slip shows 73." Oh, this is another one. I don't think we brought this. "One of the counts actually shows 73 plus one." Do we have that in there? MR. : The 10:00 p.m. MR. : Okay. MR. : I admire your guys' (Indiscernible *02:26:48). MR. This is all MR. MR. Yeah. You would also -. robably -- 7.3 (Indiscernible *02:26:52). -- all Chinese to you. MR. N'DIAYE: That's how our count slips - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 203 MR. -- now, I did foreign language -- MR. : I don't understand -- MR. N'DIAYE: -- should be done. MR. : -- the fuck are you talking about. MR. : Yeah, yeah, yeah. MR. N'DIAYE: Huh. MR. : This is -- MR. ...I these initials, and this, and that. MR. N'DIAYE: -- but the count -- MR. : So, which is interesting is all of these are, as you notice, crossed off. MR. N'DIAYE: -- right. MR. : These two are not crossed off. This one says 9S + 1. This one says 73 + 1. The question had been, when did this happen? MR. N'DIAYE: Yeah. MR. : When did they put these plus ones, or why weren't they crossed out? MR. N'DIAYE: But you can't do a -. This 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 204 is an inaccurate count slip. Because you are supposed to have the accurate count. You can't do -. If this is 73 + 1, then you should have 74 on there. MR. : Or, in this case, it should be 73 minus one because the accurate count was actually 72. MR. N'DIAYE: No, but you wouldn't write minus one on there. You would write the actual count on there. MR. Right. MR. N'DIAYE: So -- MR. Okay. MR. N'DIAYE: -- either it was 72 or 74. MR. Right. MR. N'DIAYE: But there is no -- MR. : All right. Guys, I'm going to MR. N'DIAYE: -- such thing as -- MR. : -- splash water on my face again. MR. N'DIAYE: -- okay. There is no such thing -- MR. : You guys are getting ready to kill me. EFTA00064361 205 1 MR. N'DIAYE: -- there is no such thing as 2 plus one on the -- 3 MR. : Right. 4 MR. N'DIAYE: -- on that. 5 MR. : You're not allowed to 6 ghost count. Correct? 7 MR. N'DIAYE: No. No. There should have 8 been an outcount done. So, and this should 9 have been caught, whoever the shift lieutenant 10 was, because they have to, you know, on each 11 shift, conduct a count, and review the count 12 slips. 13 MR. : Does this tell you 14 anything, though, that these were crossed off, 15 and these weren't? 16 MR. N'DIAYE: Yeah. Unless, I don't know 17 why -- 18 MR. : Do you think that they 19 were replaced at a later date, or -? 20 MR. N'DIAYE: I mean, it gives the 21 appearance. Because at first, I would want to 22 know, why ou cross out. Why these -- 23 MR. : They cross out because, 24 as things come in -- 25 MR. N'DIAYE: No. 206 1 MR. -- you check it off. 2 MR. N'DIAYE: So, that's what I want to 3 know. Like, whose habit is this? Like, okay, 4 I'm lookipg_A_-. MR. So, basically, I think it's 6 standard practice, as a control officer? 7 MR. N'DIAYE: No. I mean, I've worked 8 control, and what I would do is, I would do the 9 check off, if I'm doing this. I've never -. 10 And that's eo le's style. 11 MR. : Okay. 12 MR. N'DIAYE: That might be their style. 13 So, I just want to know -. 14 MR. : This one is IIII 15 (Phonetic Sp. *02:28:46), I believe. 16 MR. N'DIAYE: Huh? 17 MR. : 18 MR. N'DIAYE: So then -- 19 MR. : This one. 20 MR. N'DIAYE: -- then that's how does 21 it. So, my question is then, why isn't this 22 done -- 23 MR. Right. 24 MR. N'DIAYE: -- like that. I mean, 25 this, if IIII does it like that, then that's 207 1 his consistent way of checking it out. But if 2 this is all on that shift -. 3 MR. : But point being, you will 4 agree, this indicates that, from 4:00 p.m. on, 5 the counts were not conducted. Correct? 6 MR. N'DIAYE: No. They weren't done 7 right. 8 MR. : The SHU counts? 9 MR. N'DIAYE: Yeah. 10 MR. : Okay. Then we don't need 11 to really go into too much -- 12 MR. N'DIAYE: Mm-hmm. 13 MR. : -- detail with that. Is 14 this the first that you are seeing this? 15 MR. N'DIAYE: Yeah. I haven't seen that 16 before. 17 MR. : Okay. 18 MR. : This was still on the counts? 19 MR. N'DIAYE: No. 20 MR. : Now, we're going to move 21 on because the warden agrees that there is not 22 really reason to really dig further, because he 23 agrees this clearly shows that the counts were 24 not conducted in the SHU, from a certain time 25 on. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 208 MR. : Do you want to ask about the MR. : What about it? MR. : Who's reiiiiiiiii? MR. : So, -. Oh, can you just - sorry - would you min.", initialing and just dating? If was actually removed from the SHU -- MR. N'DIAYE: Mm-hmm. MR. : -- and placed onto R, you know, RA dry cell, or R&D dry cell, oh, RA and R&D are interchangeable. Correct? MR. N'DIAYE: RA -- MR. : Because RA for - RA, I believe, is what it shows in the count slip, but it stands for the R&D -- MR. N'DIAYE: That's the R&D -- MR. : -- right? MR. N'DIAYE: -- area. I believe. Yeah. MR. : So, if he's actually moved there around the 3:00 p.m., on August 9th, 2019, who would have been responsible for keying him out of the SHU, and placing him into the RA, so that the count would be accurately reflected? EFTA00064362 209 1 MR. N'DIAYE: SHU would have notified 2 control center, that we are moving one over to 3 R&D. 4 MR. : And by that notification, 5 do they also say, can you please key him out, 6 and into? Or is that just automatically done 7 by control? 8 MR. N'DIAYE: Well, the notification is 9 made to control that inmate such and such is 10 being placed on dry cell in R&D. And then, you 11 key the inmate to that area. 12 MR. : Sure. 13 MR. ro, I'll ive ou a quick 14 background. It looks like 15 MR. : Who is that? 16 MR. N'DIAYE: Right. 17 MR. - witnessed this. 18 MR. : (Indiscernible 19 *02:31:02). 20 MR. N'DIAYE: Uh-huh. 21 MR. : And he wrote up the shot. 22 MR. N'DIAYE: Right. 23 MR. : And he called the lieutenant. 24 He requested the lieutenant. 25 MR. N'DIAYE: Right. 210 1 MR. : And it looks like he 2 requested the lieutenant, but he never notified 3 control -- 4 MR. N'DIAYE: Okay. 5 MR. : -- that an inmate was being 6 moved. Right? If - and I'm (Indiscernible 7 *02:31:20iiIIIIIIII 8 MR. : Well, no, no, no, no. I 9 wouldn't (Indiscernible *02:31:21) -- 10 MR. Ed doesn't recall -- 11 MR. : I wouldn't -. 12 MR. N'DIAYE: But then, while the counts 13 are going on, there is somebody in R&D. So, 14 whoever is sitting in R&D should know that I 15 need to do a count slip because I have an 16 inmate down there. 17 MR. : Is this where somebody 18 disappears, that we're looking for? 19 MR. N'DIAYE: Right. 20 MR. : Again, I told you, this 21 was more of an administrative thing. Just to 22 say what does the warden, you know, and the 23 boss of this place, what is his take on these 24 matters? Because as you have gathered, a lot 25 of things went wrong this day. So, we need to 211 1 figure out why these things went wrong. So, 2 this is -. Let me just make sure, before we 3 move on, that I got everything. All right? 4 So, first, before we get into rounds, when a 5 lieutenant conducts a round in the SHU -- 6 MR. N'DIAYE: Mm-hmm. 7 MR. : -- are they required to 8 conduct a round of the inmates going up and 9 down the different tiers, or does the round 10 consist of just checking in with the officers 11 to make sure everything is okay? 12 MR. N'DIAYE: Well, you check the officer 13 to make sure they are all right, and you check 14 the documentation. So, you check, you know, 15 you edit, you would have to review the post 16 orders also. To state what their duties are. 17 I mean, all of us had different, you know, I 18 was a lieutenant, so it was different things 19 you did, but I always checked the 292s, to make 20 sure, you know, the officers checked off, you 21 know, if the person ate or not. Any medical. 22 I would check to see if medical came up. So, 23 it would factor and depend on what shift you 24 went on. You know, the day shift, the inmates 25 are up, so you're going, you know, you can go 212 1 around. Evening shift, you can see what's 2 going on. The midnight shift, they're 3 sleeping. But you are definitely checking a 4 30-minute log, to see if the inmates are doing 5 their 30-minute checks. And, you know, just 6 documentation. 7 MR. : Now, as the warden, did 8 you expect your lieutenants, though, to go down 9 range when they were doing their lieutenant 10 visits in the SHU? Their rounds. And this is 11 specifically when they are, like, signing off 12 on the different, like, on, as you can see, 13 this is what I'm going to be showing you. 14 These are round sheets that -- 15 MR. N'DIAYE: Mm-hmm. 16 MR. : -- you sent to Mr. 17 where it shows the different 18 lieutenants signed on/off that they did their 19 round. 20 MR. N'DIAYE: But what does -- 21 MR. : So, what does that -? 22 MR. N'DIAYE: -- what the lieutenants are 23 checking for is accuracy of the officer's 24 rounds. 25 MR. Okay. This is -. EFTA00064363 213 1 MR. N'DIAYE: So, what they are checking 2 is, okay, were the 30-minute infrequent checks 3 done? Now, if there is an easy, that they are 4 not being done, you know, so, you know, then it 5 needs to be annotated and said, okay, this is 6 what the issue was. But if they are signing 7 it, they are kind of acknowledging that, you 8 know, that the time that the round will put 9 down, thaiiiiiiiiiie down. 10 MR. : Now, what would be -? 11 This is the round, it looks lie for 8/8. Can 12 you think of a reason why these wouldn't be 13 done? But they would be signed off on right 14 here? 15 MR. N'DIAYE: Let me see. So, if a 16 lieutenant made rounds and saw this thing was 17 empty like this, then it is a problem. 18 MR. : Because you have this 19 8/8. And then, there is zero rounds showing 20 that they were conducted, but this lieutenant 21 signed it. 22 MR. N'DIAYE: That's a problem. 23 MR. : The same thing. We go, 24 this whole thing. So, this whole shift looks 25 like they didn't even sign it until here. On 214 1 8/8. 2 MR. N'DIAYE: Wait. Did you print these 3 off the lo book or -? 4 MR. : This is what you sent to 5 Mr. 6 MR. N'DIAYE: Right. 7 MR. : On Saturday, August 10th, 8 at 6:21 p.m. 9 MR. N'DIAYE: Now, the only other thing I 10 can think of, and when I had gathered 11 something, I might have said, because the 12 checks are done at, like -. No, these are 30- 13 minute checks so -- 14 MR. IIIIIIIIII: This is also -- 15 MR. N'DIAYE: -- you know, these are -- 16 MR. : -- this is the day, this 17 is two days before Epstein was found. 18 MR. N'DIAYE: -- no, this is -. No. I 19 was thinking of the log. The log did it 20 electronic. But this, no. This -- 21 MR. : We have the electronic 22 version. 23 MR. N'DIAYE: -- yeah. This is -- 24 MR. : Which one? 25 MR. N'DIAYE: -- no, this is -. That 215 1 means -- 2 MR. So, this is just wrong? 3 MR. N'DIAYE: -- yeah. This is wrong. 4 MR. : Should have this 5 lieutenant signed that? 6 MR. N'DIAYE: No. He should have signed 7 it. They should have put something -- 8 MR. : Okay. 9 MR. N'DIAYE: -- listed as some 10 discrepant A the checks weren't done. 11 MR. : And on these, whereas it 12 looks like, this lieutenant is signing, it 13 looks like probably because these are done. Do 14 you think that is the reason why this 15 individual hadn't signed these? Because these 16 weren't correct? 17 MR. N'DIAYE: Probably. I can't speculate 18 on that. 19 MR. Because it says -- 20 MR. N'DIAYE: I can't. 21 MR. : -- reviewed by morning 22 watch lieutenant. Where they do that, well, 23 that lieutenant does start signing it here, 24 where they are now filled out. 25 MR. N'DIAYE: Right. 216 1 MR. For the same date. 2 MR. N'DIAYE: So, this looks - hey, I 3 don't know who it was - but this looks 4 (Indiscernible *02:36:10) worked it. MR. : Okay. 6 MR. N'DIAYE: Let me see how those 30- 7 minute. That's the same one. I don't know who 8 it was. Who it was. 9 MR. : Okay. So, that was 10 (Indiscernible 02:36:19). Certainly go look, 11 but whomever it was during those shift. And 12 then, we get into, it looks like, 13 (Indiscernible *02:36:30) still. And these. 14 Here is the 8/9. Where -- 15 MR. N'DIAYE: Right. 16 MR. : -- it's signed off, 17 signed off, until 2:00 p.m. 18 MR. N'DIAYE: That's a problem. 19 MR. : After that, no sign off. 20 Same thing. 21 MR. N'DIAYE: Yeah. 22 MR. That's just when I think 23 left his shift, or somewhere around 24 that time. So -. 25 MR. : The point of this, if I may EFTA00064364 217 1 ask, is we got a miscount, right? 2 3 MR. 4 MR. 5 MR. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: Mm-hmm. • We're not -- This is -- -- we've moved on from counts. Now we're on rounds. MR. : Okay. Now, counts. The significance of the counts is, at some point, disiiiiiiii MR. ll : No. The significance of the counts is that, if inmates - or if the staff members aren't conducting counts and - counts are to the accountability of the inmates, to make sure everybody is there. MR. : Right. MR. • Rounds -- MR. Mm-hmm. MR. -- are basically to make sure everyone is alive and breathing. Is that correct, sir? MR. N'DIAYE: You are right. Counts are accountability, and then, the 30-minute checks are basiciiiiiiiiiiy checks. MR. : So, the point of these questioning is, it looks like at - what we just 218 1 finished was counts - we have shown that the 2 staff members were not conducting their counts. 3 MR. N'DIAYE: Right. 4 MR. : Right. Because that is why 5 you have 72 when it should be -- 6 MR. • Now we are doing rounds. 7 MR. (Indiscernible *02:37:41). 8 MR. : To find out were the 9 staff members conducting their rounds. 10 MR. : Got it. 11 MR. : And again, we have, in 12 this case, a very high-profile inmate that was 13 deceased. Became deceased at some point. 14 MR. : And they think -- 15 MR. : And -- 16 MR. -- plus it's whether they -- 17 MR. • -- yeah, it -- 18 MR. . -- noticed on their rounds 19 that the iiiiiiiiiiceased. 20 MR. : -- if they were 21 conductin 22 MR. • Or -. 23 MR. -- rounds at all. And if 24 they were conducting rounds, would that be - 25 and this is a question to you, like, we'll ask 219 1 you now, since I'm making that explanation - if 2 they were conducting their rounds, would that 3 be a way to at least try to help ensure that 4 inmates such as Epstein were alive and well? I 5 know it's not going to prevent it in every 6 case, but is that part of the reason, to make 7 sure that, if they are conducting a round, you 8 are checking to see if they are alive, and they 9 are breathing. 10 MR. N'DIAYE: It is true, but I mean, and 11 because I mean, an inmate can, you know, you 12 can do your 30-minute rounds, and if they want 13 to do their harm to themselves, they are going 14 to do it. 15 MR. : Right. And that goes 16 into play with why -- 17 MR. : They just -- 18 MR. N'DIAYE: Right. 19 MR. : -- they just look, they do 20 rounds by looking in their cell. 21 MR. N'DIAYE: Right. 22 MR. : So, if you want to -- 23 MR. N'DIAYE: To check. 24 MR. : -- do harm, you just wait 25 until they go passed your cell. 220 1 MR. N'DIAYE: Right. And then, you kind 2 of figure out the timing of the route. But the 3 fact remains, if you are not showing on the 4 form that you did your rounds, then that's a 5 problem. 6 MR. : So, when you are looking 7 at these rounds that you sent Mr. , are 8 you finding problems because they are not 9 completed correctly? You know, what we just 10 looked through. In fact, you know, these are 11 August 10th. (Indiscernible *02:39:09), 12 they're not signed off. There's blocks that 13 are not filled in. 14 MR. N'DIAYE: Yeah. Looking at them now? 15 MR. : Right. 16 MR. N'DIAYE: What is the question? 17 MR. : Well, does it show you 18 that, at least this paperwork doesn't appear to 19 be filled out correctly? 20 MR. N'DIAYE: Yes. 21 MR. : And that is for the 8th, 22 as well? 23 MR. N'DIAYE: Right. 24 MR. Okay. So, that was -- 25 MR. : And that is something, it was EFTA00064365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your job to pass that on to MR. N'DIAYE: No. He requested -- MR. MR. N'DIAYE: MR. 221 No, no, no, no. -- the information. This is just to show that MR. N'DIAYE: Yeah. MR. : -- what the round sheets that the warden sent to the regional director were these rounds. So, it's just a matter of, hey, do you know if these rounds were -? It has nothing to do with his, you know, if he did it right or not. It's, what his staff members MR. : Right. MR. -- doing it right. MR. : Right. MR. . And who was responsible to make sure the round sheets are done correctly? MR. N'DIAYE: Well, the staff working up there are responsible. And then, the supervisor is supposed to ensure that they are doing it. MR. And what is this? This 222 1 was also attached. What is that right there, 2 that we are looking at? 3 MR. N'DIAYE: Hmm. 4 MR. : TruScope logs? 5 MR. N'DIAYE: Yeah. This looks like 6 TruScope. This looks like the log. And so, 7 like, if tl edoing what areas they search. 8 MR. IIIIIIIIII: And these are searches? 9 MR. N'DIAYE: Yeah. These looks like 10 searches. 11 MR. : Okay. 12 MR. N'DIAYE: Let me see that. Search. 13 Did the areas. Visiting. Strip room. 14 Recreation area. Yeah. These are -- 15 MR. : Okay. 16 MR. N'DIAYE: -- these are search areas. 17 MR. : Does it show anywhere in 18 there that there was any cells that were 19 searched, or are they just all, like, common 20 areas? 21 MR. N'DIAYE: No. They searched it. Look 22 how -. What is this? Nine South. SHU. 23 Completed all. These are, these looks like 24 everything they have done in there. The fire 25 and safety checks. This is - it looks like the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 223 log. MR. Okay. So, this goes with you. MR. N'DIAYE: Am-hmm. MR. : So, all to this. This is something else that we asked for the BOP to print out for us, and this one specifically one we asked. When you send us the cell searches that were conducted on 8/9/2019 -- MR. N'DIAYE: Mm-hmm. MR. : -- we got back one. By Mr. MR. N'DIAYE: Mm-hmm. MR. : It say that it was conducted at 12:36 p.m. MR. N'DIAYE: Mm-hmm. MR. : On 8/9/2019. MR. N'DIAYE: Mm-hmm. MR. : Is that a problem? That only one cell search was conducted in the SHU? According to, at least according to TruScope. MR. N'DIAYE: Because I believe the post orders state it is supposed to be - and don't quote me on it -- MR. Mm-hmm. 224 1 MR. N'DIAYE: -- you have to look at the 2 post orders - but they state, I think five a 3 shift. A minimum of five. 4 MR. : It's five, I believe -- 5 MR. N'DIAYE: Yeah. 6 MR. : -- for the night watch. 7 The day watch, I believe, is more. And the 8 morning -- 9 MR. Malhey're supposed to do five -- 10 MR. : -- watch is just 11 (Indiscernible *02:41:59). 12 MR. : -- cell searches? 13 MR. N'DIAYE: No, no. Each shift is a 14 minimum of five. 15 MR. I don't think -- 16 MR. N'DIAYE: And then -- 17 MR. -- that includes that 18 morning watch, though -- 19 MR. N'DIAYE: -- the morning watch is -- 20 MR. -- because there's -- 21 MR. N'DIAYE: -- area. 22 MR. -- right. 23 MR. N'DIAYE: Yeah. You are -- 24 MR. Common areas. 25 MR. N'DIAYE: -- picking the common area. EFTA00064366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 225 MR. : So, let me get this clear. MR. N'DIAYE: Yeah. MR. : You are supposed to do five cell shifts, five cell searches per shift? MR. N'DIAYE: Yes. That is -. MR. : All right. And in this case, there is only an indication that they did one? MR. N'DIAYE: One. Right? MR. : One the whole day. MR. N'DIAYE: One the day whole. MR. : Not per shift. The whole day. MR. : Okay. Now, whose job is it -- MR. N'DIAYE: No. MR. : -- to say why aren't you doing those? I was going to use the F word. Why aren't you doin all the cell shifts? MR. : Well, this is, this is my question to the warden is, is that a problem, that there was only one logged into TruScope? MR. N'DIAYE: Mm-hmm. It is a problem. MR. : Does that indicate that the cells were not being searched, to you? Or that they just weren't logging them in? MR. N'DIAYE: And again, whoever was 226 1 working that day, you're going to have to ask 2 them. I mean -- 3 MR. : And we have. 4 MR. N'DIAYE: -- looking at -- S MR. : And it was just -- 6 MR. N'DIAYE: -- looking on paper, I mean, 7 it shows you didn't, you didn't conduct your 8 searches. 9 MR. : Okay. 10 MR. N'DIAYE: I mean, now, there might 11 have been a reason where the person said, okay, 12 the computers were down or whatever, but it is 13 highly unlikely for -. 14 MR. : So, but you are literally 15 going into a cell and search it? Does that 16 mean -- 17 MR. N'DIAYE: Yeah, yeah. 18 MR. : -- you throw over the 19 mattresses, the whole thing? 20 MR. N'DIAYE: No. You pull them out. You 21 look at -- 22 MR. : Okay. 23 MR. N'DIAYE: -- look and check the 24 lockers. You check under their stuff. You 25 know, and you typically do it, like on certain 227 1 days when the guys are going out to take a 2 shower, you mi ht o out and do that. 3 MR. : So, with your suggestion 4 that computers could be down and things like 5 that, as you can see from the email attachment 6 that you said, there are certainly plenty of 7 searches that were entered in there -- 8 MR. N'DIAYE: Oh. 9 MR. : -- but there is only one 10 cell search. 11 MR. N'DIAYE: Right. 12 MR. : And so, I would assume, 13 would that indicate that the computers are 14 actually up and running? 15 MR. N'DIAYE: Yes. So, this one, this is 16 the same 17 MR. : What are you looking -- 18 MR. N'DIAYE: That could be (Indiscernible 19 *02:43:422,________ 20 MR. 1111111111: -- yeah, this should be 21 8/10, and 8/9 and 8/10. 22 MR. N'DIAYE: 8/9 -- 23 MR. : I would think. 24 MR. N'DIAYE: reg number. Reg number. 25 MR. It shows the dates here. 228 1 I just can't see them. 2 MR. N'DIAYE: Yeah. Change base. Yeah. 3 This is a search one. This is the log. 4 MR. Okay. So, problematic, 5 in your opinion? 6 MR. N'DIAYE: Yes. It is. 7 MR. : All right. So, not only 8 searching them, but is it equally as important 9 to actually log it in, as well, so that we know 10 whether things are being searched? 11 MR. N'DIAYE: Yes. You should log it. 12 MR. : All right. Now, this, 13 this comes to the kind of question on this. 14 When Epstein was found, are you aware that he 15 was in a cell that didn't coincide with what 16 his inmate history quarters, and what the BOP 17 database said, where he should have been? He 18 was in the wrong cell. 19 MR. N'DIAYE: I did hear, afterwards, that 20 there were some issues with Sentry and the way 21 they keyed into the cells. 22 MR. : All right. And what did 23 you hear? 24 MR. N'DIAYE: I think, just that the cell, 25 the way the inmates were being keyed in was EFTA00064367 229 230 1 off, it didn't match this cell. 2 MR. : Right. 3 MR. N'DIAYE: That. 4 MR. : So, yeah, his assigned 5 cell within the BOP database was not where he 6 was located -- 7 MR. N'DIAYE: Mm-hmm. 8 MR. : -- in person. At least 9 when he was found on August 10th, 2019. 10 MR. N'DIAYE: Right. 11 MR. : Now, is that something that is 12 - I should sh right? 13 MR. : No, no. I'm good. 14 MR. N'DIAYE: Go ahead. 15 MR. : Now, is that something that 16 goes on up to you? Is that your responsibility 17 to see where guys are being celled? 18 MR. N'DIAYE: No. But I mean -- 19 MR. : Yeah. Most of my 20 questions to him isn't that -- 21 MR. N'DIAYE: Right. 22 MR. : -- it's his 23 responsibility, it's whose responsibility was 24 it? 25 MR. : Okay. Got it. 1 MR. N'DIAYE: And then -. 2 MR. : So, who should have made 3 sure that Epstein's cell, in the BOP database, 4 matched where he was physically located? 5 Because obviously, people get a hold of the 6 information that he wasn't in his assigned 7 cell. You know, that is just more reason to 8 people not trusting the government. So, we are 9 just trying to figure out -. 10 MR. N'DIAYE: Well, and this is not a 11 problem limited to one person. It is a problem 12 - and I think it is a Bureau-wide problem, as 13 far as specific keying in cells. I don't think 14 this was done in a malicious -. 15 MR. : So, what happened here, 16 our investigation shows is that when he came 17 back from -- 18 MR. N'DIAYE: Right. 19 MR. : -- from suicide, or 20 psychological observation, he was placed into 21 the cell that it shows on July 30th, on this 22 form. However, because his - is it CPAP 23 (Phonetic S . *02:46:24)? 24 MR. : CPAP. 25 MR. : His CPAP machine, the 231 1 cord didn't reach the plug. 2 MR. N'DIAYE: Mm-hmm. 3 MR. : So, they had to move him 4 to a different cell. 5 MR. N'DIAYE: Right. 6 MR. : So, from July 30th to 7 August 10th, he was in the incorrectly assigned 8 cell. No one ever caught that. No one ever, 9 you know, and my thought being is, well, if 10 they are doing their cell searches -- 11 MR. N'DIAYE: Oh, I thought you meant -- 12 MR. : -- wouldn't -. 13 MR. N'DIAYE: -- the cell didn't match up 14 with -- 15 MR. No, no, they -- 16 MR. N'DIAYE: -- (Indiscernible 17 *02:46:52). 18 MR. -- they logged him into 19 the cell that he was placed in, coming out of 20 psychological observation. 21 MR. N'DIAYE: Right. 22 MR. : On the 30th. Then, they 23 physically moved him to a different cell. 24 MR. N'DIAYE: Right. 25 MR. On the 30th. Because his 232 1 CPAP machine wasn't, the cord didn't reach. 2 MR. : What is a CPAP machine? 3 MR. : It's the snore -. It's 4 to help you breathe when you are sleeping. 5 MR. N'DIAYE: Mm-hmm. 6 MR. : And he needed a CPAP machine? 7 MR. : Yes, sir. 8 MR. N'DIAYE: For the snoring. 9 MR. : So -- 10 MR. : Don't call me sir. Please. 11 I'm old. S i lk? You're reminding me. 12 MR. : And so, no one ever went 13 back into the system from, all the way from the 14 30th up to August 10th, and made that 15 correction. 16 MR. N'DIAYE: Right. 17 MR. Who was responsible for 18 that? 19 MR. N'DIAYE: So, whoever made the cell 20 change should have contacted control center. 21 MR. : And is the control center 22 that actually made the change, not the 23 individuals in SHU, or the SHU lieutenant? 24 MR. N'DIAYE: No. The -- 25 MR. Because my understanding EFTA00064368 233 1 it would have been the SHU lieutenant or the 2 OIC. 3 MR. N'DIAYE: Bed changes? 4 MR. To verify their cellmates 5 where were the -. Wherever the BOP databases 6 said they are. 7 MR. N'DIAYE: So, you have to, you would 8 have to call control center to make that 9 change. 10 MR. : Okay. So, who should 11 have called the control center? 12 MR. N'DIAYE: Whoever made the change in 13 Sentry. Because I - and then, don't quote me 14 if I'm wrong - because I don't believe SHU 15 staff have control over keying where an inmate 16 is in. 17 MR. : Yeah. No. I thought the 18 OIC might, or the that the SHU -- 19 MR. N'DIAYE: No, because -- 20 MR. : -- lieutenant would. 21 MR. N'DIAYE: -- in that case, beds would 22 be really messed u . 23 MR. : Right, right, right. 24 MR. N'DIAYE: So, the control center is a 25 centralized area. 234 1 MR. Okay. 2 MR. N'DIAYE: So, a call should have been 3 made down to control, saying, hey, this is 4 where he's.ii keyed to, and this is what -. 5 MR. : And who should have made 6 that call? 7 MR. N'DIAYE: Whoever made the change. 8 Whoever switched him. 9 MR. : And my understanding is 10 that the OIC and the SHU lieutenant were 11 supposed to review cell assignments, to make 12 sure inmates were in their assigned cells, at 13 least on a periodical basis. Is that correct? 14 MR. N'DIAYE: Yeah. You do a, what we 15 call a bed book check, to make sure. Because 16 your board, you know, when you are in the unit, 17 you have a board up there, and you just match 18 where ever one is at. 19 MR. : And how often should that 20 happen? 21 MR. N'DIAYE: There is no set policy, but 22 as a good practice, you know, you kind of want 23 to check what your open cells are, where, you 24 know, where individuals are. And should it 25 also be checked if they were doing cell 235 1 searches? Would that be caught, if they were 2 doing searches? 3 MR. N'DIAYE: Well, if you are doing a 4 cell search, all you are going to do is put 5 down the cell number, and the individual in it. 6 It wouldn't -. You wouldn't necessarily be 7 able to find out if it is the correct room. 8 MR. Okay. 9 MR. N'DIAYE: And the correct bed in 10 Sentry. 11 MR. All right. 12 MR. N'DIAYE: But, you know -. 13 MR. So, in this instance, 14 then, and I'll shut up so I can actually let 15 you answer who -- 16 MR. : I have the same problem. 17 MR. : -- who is it that should 18 have notified control center to make this 19 change? It sounds like you said whoever 20 physically moved him, at the time? 21 MR. N'DIAYE: So, what happens is, whoever 22 physically moved him should have said, okay, 23 this is where, you know, you are, this is where 24 we are moving him. And then, you let the - 25 typically - the OIC know, and then, they will 236 1 call down to control center. 2 MR. . And if that didn't -. 3 MR. : Can I speak to my client for a 4 second? 5 MR. N'DIAYE: Yeah. 6 MR. Sure. 7 MR. N'DIAYE: Mm-hmm. 8 MR. Do you want me 9 MR. N'DIAYE: Yeah. 10 MR. -- do you want me to push 11 pause? 12 MR. N'DIAYE: No. 13 MR. : Yeah, no. I'll take him to 14 the other 15 MR. : Okay. 16 MR. Sure. Okay. It's 4:46 17 iiiiiiiiiithis is Senior Special Agent 18 , and I'm pushing pause. 19 (Whereupon, the above-entitled matter went 20 off the record and back on the record). 21 MR. : The recorder is back on. 22 It is 4:53 p.m., after a short break. And I 23 remind you, sir, you are still under oath. 24 MR. N'DIAYE: Mm-hmm. 25 MR. All right. So, we EFTA00064369 237 1 stopped with the, we were talking about who was 2 responsible for making sure Mr. Epstein was 3 logged into the correct cell within the -- 4 MR. N'DIAYE: Question. 5 MR. : BOP database system. 6 MR. N'DIAYE: Were there other cells that 7 were wron ? 8 MR. : Do you know that, 9 MR. : Not -. We don't know if -. 10 This, we know only because we checked this. 11 MR. N'DIAYE: Okay. So, I mean, 12 everything else could have been right, and that 13 could have been a -- 14 MR. : No. Well, we found out, 15 this is the reason was because, again, he was 16 placed into that cell, and then moved because 17 of the CPAP machine. 18 MR. N'DIAYE: No. I was -- 19 MR. : Well, our question was -- 20 MR. N'DIAYE: -- you know, wondering if it 21 is a systematic, or an individual problem. 22 MR. : Correct. 23 MR. N'DIAYE: That's why I was just 24 curious. 25 MR. Yeah. And that's 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 238 something that we should probably -. MR. : Well, and my question is, does that have any effect on count? I mean, they still should be able to look in the cells if there was a (Indiscernible *02:51:28). MR. N'DIAYE: Well, when -- MR. : Well, the problem comes in, again, I think is the credibility of, hey, now we have Epstein, who was found in a cell, his assigned cell. So, that just, and it's not you know -- MR. MR. these thin MR. MR. MR. MR. : But I'm saying -- -- the media says all of that went wrong. • -- yeah. • One being -- I've had that. . -- wait, he's not even in the right cell. Well, how did that happen, and who was res MR. IIIII: Okay. Now, so, my question is, does it make any difference? I mean, if they are supposed to do the count, the count is you look in the cell, and see -- MR. N'DIAYE: Right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 239 MR. : -- whether there's a guy in there. Well, whatever number he's in, or he's not in, he's still in his cell. MR. . No. Correct. MR. You know? MR. But because we are doing this deep dive review -- MR. : Okay. I gotcha. MR. -- it's showing these different ou know -- MR. : Got it. Okay. MR. -- and again, this is, this is one of those things -- MR. : You're just being extra careful. Yeah. It's (Indiscernible *02:52:14). MR. : -- and not like (Indiscernible *02:52:15). Yeah. We just have to, we have to address the fact that -- MR. : He wasn't in the right cell. MR. : -- Mr. Epstein wasn't in the cell that he was assigned to. MR. : Okay. I mean, it's not just that. Someone (Indiscernible *02:52:22) that he said, oh, he doesn't have a roommate, and, 240 1 you know, by the way, we also counted the wrong 2 number of risoners. 3 MR. : Right. 4 MR. That's a lot of mistakes. 5 MR. : Right. And we haven't 6 even gotten involved. 7 MR. N'DIAYE: Mm-hmm. 8 MR. As I'm sure you know. 9 But -- 10 MR. : Right. 11 MR. -- so, after the person 12 who moved him didn't contact and have this 13 changed, how would have, then, how would we, 14 then, how would have anyone found out that he 15 was in the wrong cell? What processes are in 16 place to ensure that where they are matches up 17 with the actual database? 18 MR. N'DIAYE: Well, I guess if they were 19 doing -- 20 MR. : You said bed book counts? 21 MR. N'DIAYE: -- yeah. Usually, you could 22 do, you do your bed book counts, to ensure, you 23 know, that every inmate is in the cell that 24 they are supposed to be. When you are updating 25 your accountability board, you would look and EFTA00064370 241 1 see, okay, you got him here, where is he at? 2 And then, match it up with, you know, with 3 Sentry. 4 MR. : And who would be doing 5 those things? 6 MR. N'DIAYE: The staff working up there 7 in SHU. 8 MR. : Is the lieutenant, the 9 SHU lieutenant, at all involved, as far as you 10 know, in making sure that this is all accurate? 11 MR. N'DIAYE: Well, he was spearheading it 12 to make sure everything was -- 13 MR. : He was the supervisor. 14 MR. N'DIAYE: -- was right. Yeah. He was 15 the supervisor. But going in and saying, okay, 16 let's, did this happen? Have we done this? 17 And have we done that? 18 MR. : Okay. 19 MR. : And -. Okay. Just to make me 20 clear, somebody dropped the ball as to whether 21 or not he should have a, he had a roommate. 22 MR. N'DIAYE: Right. 23 MR. : Okay. And somebody dropped 24 the ball as to whether he was in the right 25 cell. 242 1 MR. N'DIAYE: Right. 2 MR. : Okay. And then, somebody 3 would have dropped the ball as to either, 4 dropped the ball or they maliciously didn't 5 find out that he wasn't on the count. They had 6 said we did a count, but they didn't notice 7 that, or didn't - that he wasn't breathing, you 8 know what I mean? 9 MR. N'DIAYE: Right. 10 MR. : Okay. That starts to be a 11 problem. 12 MR. : So, just pointed 13 out to me. On the after-action review -- 14 MR. N'DIAYE: Mm-hmm. 15 MR. : -- they did review this. 16 MR. N'DIAYE: Mm-hmm. 17 MR. : And it says that, 18 according to their review -- 19 MR. N'DIAYE: Right. 20 MR. : -- this is not my review. 21 MR. N'DIAYE: Right. 22 MR. : Or review. 23 "Significant discrepancies exist within Sentry 24 regarding cell quarters assignments." QRT. 25 QTR. "Although it is well documented, inmate 243 1 Epstein was housed with two other inmates 2 during his assignment in SHU. Sentry does not 3 reflect this information accurately. Inmate 4 Epstein was found within cell 220, that Sentry 5 never reflects him being housed within that 6 cell at any time." But to answer your 7 question, the first sentence says that there is 8 significant -- 9 MR. N'DIAYE: Okay. 10 MR. : -- discrepancies. 11 MR. N'DIAYE: Mm-hmm. 12 MR. : The way that I read that 13 is, overall, whether they are referring to 14 specifically Epstein -- 15 MR. N'DIAYE: Epstein. 16 MR. : -- that, I am not able to 17 determine -- 18 MR. N'DIAYE: Right. 19 MR. : -- based upon that 20 sentence, but it does sound like, overall, that 21 the had some discrepancies. So, Lieutenant 22 would have supervised it, but it's really 23 the staff that would be responsible for doing 24 these bed book counts, and making sure 25 assignments are -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 244 MR. N'DIAYE: Yeah. He did it right there MR. -- the inmates are in their assigned -? MR. N'DIAYE: -- and then, whoever is moving an inmate from a cell to a cell, you make the notification. MR. : And is it surprising to you that almost two weeks later, that wasn't caught? MR. N'DIAYE: At two weeks later from where? MR. From -. He was placed into the cell on July 30th, 2019. He's found August 10th, 2019. That entire time, it was never caught that he was not -- MR. N'DIAYE: In the right cell. MR. -- locked in the right cell. MR. N'DIAYE: Yeah. MR. : Is that a significant amount of time that went by without catching that? MR. N'DIAYE: Without catching it. It is. MR. Now, is that, you know, EFTA00064371 245 1 all staff that was in there, or is it, like, 2 really -? 3 MR. N'DIAYE: And again, and you probably 4 have to speak to the captain who was 5 responsible for doing the checks, and doing the 6 count. 7 MR. : So, would the captain 8 have some responsibility on this, too? 9 MR. N'DIAYE: Well, did the captain is in 10 charge of correctional services. So, that is 11 the unit he is over. 12 MR. : Okay. 13 MR. N'DIAYE: So, he has overall 14 responsibility to make sure, you know, in 15 conjunction with the lieutenant, that the unit 16 is runniniiiiiiiiiiit is supposed to run. 17 MR. : And what should have the 18 captain done in order to make sure that that 19 was accurate? 20 MR. N'DIAYE: Well, now, there is 21 different ways of finding out if stuff is 22 accurate. Like, you have the perpetual audit 23 system. Where they are responsible - the 24 lieutenants - are responsible to conduct 25 perpetual audits. So, you can find out through 246 1 those, when you do it. And they are usually 2 quarterly. But if there is discrepancies and 3 things are going on in that department of 4 correctional services, we have what we call 5 perpetual audits, which he maintained the 6 records of, and that is another checks and 7 balance where you would find out if something 8 is wrong. 9 MR. And how often are those 10 done? 11 MR. N'DIAYE: Those are done quarterly. 12 MR. Quarterly? 13 MR. N'DIAYE: Yeah. 14 MR. All right. So, the fact 15 that this is, we are talking about, like, ten 16 or 11 days, there is a good chance that they 17 weren't done during that time period? Or do 18 you know when they would be done? Are they 19 done, like, on a certain date? 20 MR. N'DIAYE: What, the quarterly? 21 MR. : Yeah. 22 MR. N'DIAYE: It's - and I don't know when 23 the dates of the quarter starts - but that is 24 to your checks and balance. You know -- 25 MR. Right. 247 1 MR. N'DIAYE: -- you do your perpetual 2 audits, and then you catch it, and say, oh, 3 wow. We did an audit. And this is wrong. And 4 then, you come up with the corrective action to 5 fix it. 6 MR. : So, that's how the 7 captain could have determined, I guess -- 8 MR. N'DIAYE: Yeah. 9 MR. : -- but how, in those -- 10 MR. N'DIAYE: The captain would find out. 11 MR. : -- ten or 11 days, how 12 would have that been caught? 13 MR. N'DIAYE: Again, you would have to see 14 your inmate accountability board. 15 MR. : Mm-hmm. 16 MR. N'DIAYE: You know, are you matching 17 Sentry, if you are pulling off Sentry and 18 matching it with what is on the board. 19 MR. : But - and I apologize 20 that I'm beating -- 21 MR. N'DIAYE: Right. 22 MR. : -- a dead horse here, 23 but, like, who does that? 24 MR. N'DIAYE: Again, I don't know who, you 25 know, who the lieutenant assigned it to, who 248 1 the OIC. You know, everybody has different 2 duties, and -- 3 MR. : So, it is not like -- 4 MR. N'DIAYE: -- different ways that work. 5 MR. : -- not like morning watch 6 does this, or it's just based upon what passed 7 down from lieutenant to the OIC -- 8 MR. N'DIAYE: Right. Like, what -- 9 MR. : -- to whoever. 10 MR. N'DIAYE: -- no, but basically, when 11 you decide to do it. You know, I mean, I can't 12 see, on the midnight shift, you are doing an 13 accountability check like that, because the 14 guys are sleeping, and, you know, you are 15 looking for a living, breathing body, but you 16 can't phyiiiiiiiiiie them. 17 MR. : Mm-hmm. 18 MR. N'DIAYE: You know, so, what shift was 19 picked to check and say, okay, let's make sure 20 our cell, the accountability in the cell. So, 21 I can't -- 22 MR. You can't really answer 23 the question. 24 MR. N'DIAYE: -- I can't really speak -. 25 MR. Sure. That's fine. EFTA00064372 249 250 1 MR. N'DIAYE: Mm-hmm. 2 MR. : All right. Let's get 3 this stuff out of your way. If you don't mind, 4 this -- 5 MR. : Am I right that we are getting 6 close to the bottom of the pile? 7 MR. We are. We are getting 8 close. 9 MR. : Because Jesus Christ, I can't 10 take this. L-O-L. (Indiscernible *02:58:29). 11 MR. : We are -. (Indiscernible 12 *02:58:31 with this. 13 MR. IIIII: Yeah. 14 MR. N'DIAYE: Mm-hmm. 15 MR. : So, this is the email 16 with all the rounds, and the SHU assignment. 17 And these were separate. 18 MR. : Now, let me ask the question 19 (Indiscernible *02:58:48) the supervisors. 20 Your job is the prison. It's your job to look 21 down into the prison, as far as these counts 22 and, you know, accountability boards, and so 23 forth. 24 MR. N'DIAYE: No. I mean, that is what 25 you have a captain for and a lieutenant for. 1 (Indiscernible *02:59:06). You know? 2 MR. : Okay. 3 MR. : And then, we touched on 4 this before, but this is an email that the 5 captain sent to you. 6 MR. N'DIAYE: Right. 7 MR. : Regarding the lieutenant 8 rounds on 8/9 to 8/10. He sent them, he sent 9 this email on August 11th, 2019. He said, 10 "Warden, here are the lieutenant rounds for 8/9 11 to 8/10. Below are the workstations logged on 12 to complete rounds." 13 MR. N'DIAYE: Mm-hmm. 14 MR. : But again, for you, a 15 lieutenant round, and I don't know if we ever 16 came to that conclusion, or that we may have 17 got off topic on that. But a lieutenant round 18 is used primarily to check in, and it's not 19 necessarily to go down the different ranges? 20 MR. N'DIAYE: On the midnight shift. So, 21 they typically not, you know, unless they have 22 an issue, but like you said, you as a 23 lieutenant can walk - should walk - around and 24 see. Now, the midnight shift is hard, but the 25 other shifts, you, you know, walk around, see 251 1 what's goin on. 2 MR. : Mm-hmm. 3 MR. : All right. So, should 4 they, though, be walking down the ranges on 5 both the morning, or the day watch and the 6 night watch? Evening watch. 7 MR. N'DIAYE: This is what I will say. 8 You probably got to look at the post orders and 9 see -- 10 MR. Yeah. The post orders -- 11 MR. N'DIAYE: -- the post orders. 12 MR. -- aren't clear with 13 that. 14 MR. N'DIAYE: Yeah. 15 MR. We haven't -- 16 MR. N'DIAYE: So, it's not -. 17 MR. -- we haven't been able 18 to -- 19 MR. N'DIAYE: It's not -- 20 MR. -- specifically 21 determine. 22 MR. N'DIAYE: -- that's what I mean, it's 23 not a re.uiriiiii, 24 MR. : Okay. 25 MR. N'DIAYE: You know, for the 252 1 (Indiscernible *03:00:26), they are in there, 2 making rounds, checking the books, to see if 3 you got a problem on the range. You would call 4 that. But most lieutenants do, you know, just 5 walk the iiiiiiiiiiust to see what is going on. 6 MR. : Because most lieutenants 7 that we talked to -- 8 MR. N'DIAYE: Mm-hmm. 9 MR. : -- said that they were 10 absolutely required to do -- 11 MR. N'DIAYE: Right. 12 MR. -- a round, just like a 13 SHU staff member -- 14 MR. N'DIAYE: Right. 15 MR. -- was to do a round. 16 Some lieutenants -- 17 MR. N'DIAYE: Mm-hmm. 18 MR. : -- specifically, 19 lieutenants that worked that day -- 20 MR. N'DIAYE: Right. 21 MR. : -- said, nope, there's no 22 requirement to do that. 23 MR. N'DIAYE: But -- 24 MR. So, that's where I'm, as 25 the warden -- EFTA00064373 253 1 MR. N'DIAYE: Well -- 2 MR. : -- who is right? 3 MR. N'DIAYE: No. The expectation is, 4 like you hit any unit, you make your rounds 5 within the unit. The SHU unit is no different. 6 That you say, hey, I'm going to go in there, 7 make sure everything is, you know, check on the 8 inmates. And make sure they are fine. But if 9 we are talking about the post orders, were they 10 required to? The post, you know, the post 11 orders, I don't believe had the requirement 12 that they have to, you know -- 13 MR. : Okay. 14 MR. N'DIAYE: -- physically go in the 15 (Indiscernible *03:01:24). 16 MR. : So, does that - if I 17 understand you correctly - the expectation was 18 that they conduct a round, just like a SHU 19 staff member, but there is no requirement to do 20 so? 21 MR. N'DIAYE: Yeah. You should be walking 22 around. 23 MR. All right. 24 MR. N'DIAYE: To see if everything -. 25 MR. But it's not like you 254 1 told them, you gave them a directive, make sure 2 you are doing this. 3 MR. N'DIAYE: No. 4 MR. : So, there is no -- 5 MR. N'DIAYE: No. 6 MR. : -- so, if someone wasn't 7 doing it, it's not like something they would be 8 disciplined for? 9 MR. N'DIAYE: See, that's hard. I mean, 10 to say you would discipline. There is a 11 difference between what is written down, and 12 what you need to be doing. I mean, if you are 13 coming in, and I enter there as a supervisor, I 14 want to see what's going around the unit. I 15 might ask the officer, all right, do we have 16 any problems. The inmates, when you come on, 17 hey, they know the lieutenants on, hey, 18 lieutenant, I need to talk to you. So, you are 19 going down the ranges. You know, so, when you 20 are going down the range, you are seeing 21 something. You get to another range. The 22 inmate said, hey, I need to talk to you. So, 23 it is something you should be doing as part of 24 your rounds, and going up into SHU. lust 25 walking around, to make sure everything is -. 255 1 MR. But if you were still the 2 warden of the MCC, and found out that your 3 lieutenants, when they were signing off on 4 doing rounds -- 5 MR. N'DIAYE: Right. 6 MR. : -- and you found out that 7 they were only checking in with the staff 8 members, and they were not actually walking 9 down the ranges, is that something that you 10 would find problematic? 11 MR. N'DIAYE: I would correct it. 12 MR. : And when you say correct 13 it, what do you mean by that? 14 MR. N'DIAYE: I would tell, you know, get 15 with the captain, and I would tell the captain 16 they need to be, you know, in inmate grounds, 17 they need to walk the ranges. 18 MR. : So, they should be 19 walking the ranges, then? 20 MR. N'DIAYE: Off of the post orders, it's 21 not in thiiiiiiiiiinow -- 22 MR. : I know. I -- 23 MR. N'DIAYE: -- any place saying that you 24 have to do it. But as a supervisor, that like 25 any unit you walk on, you want to see what is 256 1 going on in the unit. So, do I want to use the 2 word "sound correctional judgement"? You know, 3 just to see, as a supervisor, what is going on. 4 I mean, you have some people that go above and 5 beyond. And then, do their job, and you have 6 some people that want to do the bear minimum. 7 But that is something -- 8 MR. : Mm-hmm. 9 MR. N'DIAYE: -- from a rounds point of 10 view, I would say you need to make those 11 rounds. 12 MR. : Okay. Let me ask you a 13 question. 14 MR. N'DIAYE: Mm-hmm. 15 MR. : You do the rounds. Does that 16 mean literally walk up and down this, what we, 17 what I would call the cell block? 18 MR. N'DIAYE: Yeah. You walk around the 19 unit. You know, you are interacting with 20 inmates. You are talking to inmates. Same 21 thing with the inmates in SHU. You know, you 22 are walkiiiar d. Hey, what's going on? 23 MR. : So, what you are not 24 familiar with is the way the SHU is set up. 25 MR. N'DIAYE: Right. EFTA00064374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. There is different levels, and there is different -- MR. MR. MR. 257 : Yeah, I've been to the SHU. -- hallways. : Know what I remember about the SHU, it's fucking cold. MR. N'DIAYE: Right. MR. : Yeah. So, like, if you are just, you can simply go in and go to the officer's station, and check in with the staff and say -- MR. N'DIAYE: Right. MR. : -- everything good? You got all your paperwork in order? All your paperwork is actually right here on the desk. Did you find it problematic that they are keeping all of their round sheets on the desk versus on the ranges themselves? MR. N'DIAYE: Different places do it differentliiiiiiiii MR. : Okay. MR. N'DIAYE: Some -- MR. : So -. MR. N'DIAYE: -- some places have it, they keep it at the end of the range, and you sign 258 1 it. Some have it right there, the log, you 2 know, take the logbook and they just sign it. 3 So -. 4 MR. : So, the individuals, the 5 ops lieutenants and activities lieutenant that 6 we spoke to, that worked on August 9th and 7 August 10th -- 8 MR. N'DIAYE: Mm-hmm. 9 MR. : -- a majority of them 10 said, if not all of them, no, no, no, all I 11 needed to do was go to that officer's station, 12 check in with my officers, make sure their 13 paperwork is done, and then I left. Every 14 other lieutenant that we talked to said, no. 15 MR. N'DIAYE: Mm-hmm. 16 MR. : When you sign that paper, 17 you are signing it just like you conducted a 18 round, as if the SHU staff conducted a round. 19 MR. N'DIAYE: Mm-hmm. 20 MR. : You had to go down every 21 range -- 22 MR. N'DIAYE: Right. 23 MR. : -- make sure everything 24 was good to go. You are not just checking on. 25 MR. N'DIAYE: Mm-hmm. 259 1 MR. So, what we are trying to 2 say is, which one is right? 3 MR. N'DIAYE: Well, now, for the ones that 4 are saying that I don't have to go down and 5 check every range, they are going off the post 6 office. 7 MR. : Mm-hmm. 8 MR. N'DIAYE: The ones that are doing 9 their job, they are going around and checking 10 every time. 11 MR. : Okay. 12 MR. N'DIAYE: Making sure the wellbeing of 13 the inmates, and you are checking on the 14 wellbeing of 15 MR. : All right. So, it kind 16 of sounds like nobody is right, and nobody is 17 wrong? They need to change the post orders? 18 MR. N'DIAYE: Well, they would, they would 19 have - should put in -- 20 MR. : Yeah. 21 MR. N'DIAYE: -- their post orders, but 22 they should be going around, and -- 23 MR. : So, they should have a rule -- 24 MR. N'DIAYE: -- the wellness check. 25 MR. : -- that says, you got to go 260 1 around? 2 MR. N'DIAYE: Yeah. 3 MR. : Okay. 4 MR. N'DIAYE: So. 5 MR. : So, no one technically 6 did anything wrong. They should just really do 7 it? 8 MR. N'DIAYE: They should. They should 9 just do it. 11 MR. rhe term used was "sound 10 MR. : Okay. Fair enough. 12 correctional judgment. 13 MR. N'DIAYE: Yes. 14 MR. : All ri ht. So, that 15 again - was that email from to you, with 16 the lieutenant rounds. 17 MR. : Damn. That pile is a lot 18 lower. 19 MR. 20 back on it. 21 MR. • Now, this says -- 22 MR. • Wait a minute. Wait a minute. 23 I'm fucking out of here. If you bring that 24 pile back, I'm out of here. Now, I'm going to 25 give you some of that money back, but I can't : Unless you want to go right EFTA00064375 261 1 take this shit no more. 2 MR. So, this one says it's 3 from 4 MR. N'DIAYE: Mm-hmm. 5 MR. : To you. 6 MR. N'DIAYE: Mm-hmm. 7 MR. : Who is 8 MR. N'DIAYE: He aws a unit manager there 9 for the PCU Unit (Phonetic Sp. *03:06:23). 10 MR. : Okay. At the MCC? 11 MR. N'DIAYE: Yeah. 12 MR. : It says, subject, "Weekly 13 rounds -- 14 MR. N'DIAYE: Mm-hmm. 15 MR. : -- as requested." 16 MR. N'DIAYE: Mm-hmm. 17 MR. : So, these are weekly 18 rounds from August 4th, 10, 2019. What is that 19 for? 20 MR. N'DIAYE: That was for our Wood sec 21 unit (Phon2IifiL_*03:06:34). 22 MR. IIIIIIIIII: Oh, okay. 23 MR. N'DIAYE: Yeah. 24 MR. : So, you actually had your 25 own separate wood sec unit? 262 1 MR. N'DIAYE: Yeah. 2 MR. : So, that is not in SHU? 3 Or is it? 4 MR. N'DIAYE: Huh? No. That's not in SHU. Thaiiiiiiiiiiarate unit all together. 6 MR. : So, why was this 7 provided? For any reason? 8 MR. N'DIAYE: Because I like to -. I used 9 to like to track who was making their rounds 10 and not makin their rounds. 11 MR. : All right. 12 MR. N'DIAYE: So, they had to send it to 13 me every week. 14 MR. : So, was this just 15 coincidental? Nothing to do with Epstein? 16 MR. N'DIAYE: Yeah. This had nothing to 17 do with him. 18 MR. : Mm-hmm. 19 MR. N'DIAYE: This was probably what he 20 had to seiiiiiiiiii week. 21 MR. : Okay. 22 MR. N'DIAYE: It was the end of the week. 23 MR. : Okay. 24 MR. N'DIAYE: So, that's what he sent. 25 So, that had nothing to do with him. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. do with Epstein. MR. N'DIAYE: MR. going to -- MR. MR. No. 263 So, this has nothing to All right. I'm not even : Yeah. • -- you can keep that over here, so we don't get that confused. MR. ..(eah. MR. : All right. So, this one. As far as this one, it says, from you to Mr. It says SHU rounds. MR. N'DIAYE: Mm-hmm. MR. : What SHU rounds are we looking at here? This is a new document here. MR. N'DIAYE: Okay. This is on This is eight, for the -- MR. : This is for executive staff -- MR. N'DIAYE: -- the week starting at eight -- MR. or-? MR. N'DIAYE: -- this is starting for 8/4 rounds. So, this is, these are my rounds that I'm doing. 264 1 MR. Now, is there some kind 2 of a requirement that you conduct rounds? 3 MR. N'DIAYE: Yeah. The warden is 4 supposed to o u and go -. 5 MR. : So, you are supposed to 6 conduct rounds in the SHU? 7 MR. N'DIAYE: Yeah. About once -- 8 MR. : Or is this -- 9 MR. N'DIAYE: -- a week. Like, you can go 10 up as many times, but, you know, the warden is 11 supposed to be oing. 12 MR. : All right. 13 MR. : Now, that means you are 14 supposed to conduct rounds in the SHU? 15 MR. N'DIAYE: Yeah. I go in the SHU. I 16 walk around and do rounds in every area of the 17 institution. So. 18 MR. : And is everyone on here 19 supposed to do a round weekly? Because I have 20 never seen this round sheet until reviewing 21 your emails. 22 MR. N'DIAYE: No. This is every Bureau 23 institution has this. This is where you sign 24 into the Special Housing Unit. This is the 25 log. And this is showing that they made their EFTA00064376 265 1 rounds. So, these are the lieutenants right 2 here, showing that they made their rounds. So, 3 at the end of the week, when they send me the 4 round sheet, and let's say it looked like this, 5 my question would be, okay, did they make 6 rounds, or did the forget to make rounds? 7 MR. : Is this and this the same 8 thing? 9 MR. N'DIAYE: For the lieutenants, it 10 would be. 11 MR. : Just the lieutenants? 12 And no one else? 13 MR. N'DIAYE: Yeah. No one else. This is 14 computer services. The duty officer has to go 15 up there. 16 MR. : Now, so -- 17 MR. N'DIAYE: Right there. 18 MR. : -- this shows that you 19 did two rounds. 20 MR. N'DIAYE: Right. 21 MR. : And you are only required 22 to do one. Correct? 23 MR. N'DIAYE: Yeah. 24 MR. : AW programs. 25 MR. N'DIAYE: That, she did it on Friday. 266 1 MR. : So, the fact that AW 2 operations has nothing in there, is that 3 problematic? 4 MR. N'DIAYE: And here is the other thing 5 could have happened. A lot of times, they make 6 the rounds, sometimes they forget to initial 7 and sign it. 8 MR. : All right. 9 MR. N'DIAYE: So, what I would do is, I 10 would look at it and say, okay, when I got at 11 the end of the week, what happened? How come 12 you didn't make rounds? 13 MR. : So, all of these blank 14 spaces, were these people supposed to be doing 15 rounds in SHU? 16 MR. N'DIAYE: Not everybody is required. 17 They should have been up there, but they are 18 not required. Like, the finance facility -- 19 MR. : The correctional judgement -- 20 MR. N'DIAYE: -- food services. 21 MR. : -- would be they could go up 22 to that. 23 MR. N'DIAYE: But health services has to 24 make rounds. 25 MR. • : You're getting it. 267 1 MR. N'DIAYE: The PA's. 2 MR. : By the end of the day, man, 3 I'll be ready to go to MCC myself. I hated 4 going to prison. 5 MR. N'DIAYE: Psychology. You know? 6 MR. : So, which ones on here 7 that are actually required to conduct rounds? 8 MR. N'DIAYE: You have the unit team 9 that's suiiiiiiiiiigo up. The lieutenants. 10 MR. : Well, SIS, it doesn't 11 appear that they did any rounds. 12 MR. N'DIAYE: That's -. 13 MR. : But I'm assuming they 14 certainly should have. Correct? 15 MR. N'DIAYE: SIS should have been up 16 there, to go around. So, and again, I would 17 look at it and see who was on leave. Somebody 18 might have been on leave, not on leave. 19 MR. : And what are - so, when 20 these type of individuals, it looks like more 21 high level such as, I mean, obviously, you are 22 the highest level, what is a warden round look 23 like? Do you all have to walk down the range, 24 or -- 25 MR. N'DIAYE: So, what I -- 268 1 MR. -- is that what you do? 2 MR. N'DIAYE: -- what I do is, I walk 3 around and I go to every cell, and I talk to 4 the guy, got any issues, any problems? 5 They're, like, no, I'm good. You might have 6 some that say, hey, I'm up here for an 7 investigation. Why am I here? Why am I up 8 here? So, I take my little notes. Okay. 9 Fine. Some of it I can address right there, 10 some of it I can't. But I would typically walk 11 around what we call is the SHU roster. Which, 12 that is the reason why you are up there. Why 13 am I up here? And, you know, a lot of times, 14 you go by_iLit says -- 15 MR. IIIII: It's because you are a fucking 16 mass murderer, that's why you're up here. 17 MR. N'DIAYE: -- and, like, you know why 18 you are locked up. And then, they would say, 19 well, how come the investigation is taking so 20 long? And it would depend. If the FBI had it, 21 if it was an OIG investigation. It would 22 depend. So, you know, I would usually tell 23 them, like, you know, it's an outside agency 24 handling. We are in contact with them. And 25 somebody will come see. EFTA00064377 269 1 MR. Okay. 2 MR. N'DIAYE: Some could be up for 3 administrative an incident report. 4 MR. So, you went through and 5 talked to everybody, but were you required to 6 do that, or is it just because you just were a 7 good employee? 8 MR. N'DIAYE: I mean, that's what you 9 should 10 MR. : That's what you should 11 do. But I mean, like you talked about before, 12 well, the post orders don't say that. 13 MR. N'DIAYE: Well, I don't have post 14 orders. 15 MR. : Right. 16 MR. N'DIAYE: Yeah. So, I mean -- 17 MR. : But you are -. But 18 something does say that you are required to do 19 it once a week? 20 MR. N'DIAYE: There's nothing in writing 21 to tell me you have to do it. But just like I 22 visit every area, I have to, I visit every area 23 of the institution. You know, make sure I see 24 every employee going there on the off shifts. 25 I would go on the off shifts, you know, to see 270 1 the staff, but it's -- 2 MR. : It's a surprise. In other 3 words, you are not telling them you are coming, 4 you are just going. 5 MR. N'DIAYE: Yeah. I'm coming up. I'm 6 making my rounds. I'm sitting, talking to 7 staff. What's your issues? I mean, it's more 8 the issue of work. I mean -. 9 MR. : So, when you say there's 10 nothing in writing, saying that you should do 11 it, or is there something in writing saying 12 these people that didn't do it, that they 13 should have done it? 14 MR. N'DIAYE: No. And there could be 15 reasons. Now, they - and this is what I would 16 get the report and look into - like, there are 17 people that make the rounds, they come up to 18 SHU but the for et to sign in. 19 MR. : Right. 20 MR. N'DIAYE: So, when I get the report, I 21 would, you know, talk to the captain, that this 22 the entrance log, and say, hey, why didn't such 23 and such make a round? Now, that AW might have 24 been out that week, and I had this one covering 25 both. So, they came up with the AW. 271 1 MR. Now, is there any way to 2 determine, like, these people that, for 3 instance, visited on Friday, what time the 4 visited? Because this is the day that 5 was gone. So, it says the captain was in there 6 on Friday. 7 MR. N'DIAYE: Mm-hmm. 8 MR. : Should have he noticed 9 that wasn't there? 10 MR. N'DIAYE: Not necessarily. If he 11 didn't go down range. And he could have come 12 up, and remember, we have Ten South that's 13 connected. So, I don't know if he came up 14 there, yoki_Enarl_fgr an issue for Ten South. 15 MR. IIIIIIIIII: Mm-hmm. 16 MR. N'DIAYE: So, I don't know. And then, 17 him making his rounds, even if he's making his 18 rounds, you are going to have empty cells on 19 the range. 20 MR. : Oh, you will? 21 MR. N'DIAYE: Yeah. Well, somebody -- 22 MR. : Even if - 23 MR. N'DIAYE: -- somebody could be at 24 medical. Somebody could be on an attorney 25 visit. 272 1 MR. So, it wouldn't -- 2 MR. N'DIAYE: So -. 3 MR. : -- it wouldn't caused a 4 red flag, you don't think, if he saw, like, 5 Epstein's cell empty? 6 MR. N'DIAYE: Well, if empty cell is 7 empty, the first thing you're saying, he's down 8 on attorney visit. Because the rounds are made 9 during the da time. 10 MR. : And in that note, would 11 thgy_say, though, because it says 12 IIIII, and it looks like was there, too -- 13 MR. N'DIAYE: Right. 14 MR. : -- should have those two 15 people, if they actually did a roundlis 16 Epstein is down there, but where is IIIII? 17 MR. N'DIAYE: I mean, they could have. I 18 mean, but could have been in the shower. 19 MR. : Mm-hmm. 20 MR. N'DIAYE: You know? I mean -- 21 MR. : But it wouldn't be 22 something that would be normally asked? 23 MR. N'DIAYE: No. 24 MR. : It was, like, oh -- 25 MR. N'DIAYE: Hmm-mm. EFTA00064378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 273 MR. : -- Epstein, high-profile guy, where is his cellmate? That wouldn't be - ? MR. N'DIAYE: No. I mean -- MR. : No. MR. N'DIAYE: -- you're just saying, okay, Epstein is downstairs, his, you know, or maybe his cellmate was in attorney visit, it could have been on a shower day. He could have been in rec. MR. : Okay. MR. N'DIAYE: I mean -. MR. : So, you are more concerned about the people that are there, as opposed to who weren't there, it sounds like that? To check in with them. MR. N'DIAYE: That, I mean, you want to see, making sure you are around, making rounds, talking to everyone. So, I don't know what, you know, what the thought process is, or, you know, if EITI2aly_tas in the shower or not. MR. IIIIIIIIII: Mm-hmm. MR. N'DIAYE: So. MR. : Sure. No. And I'm not trying -- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: Mm-hmm. MR. that. MR. : How many days a week can you take a shower when you're in -? MR. N'DIAYE: The entire of three times. Monday. Typically, it's Monday, Wednesday, and Friday. MR. : And what about this one? This one is from IIII to you. Weekly rounds on August 12th, 2019. Is this -- MR. N'DIAYE: The PCU. MR. : -- is this -? So, this is the same thing? MR. N'DIAYE: That's the PCU unit. Wood sec unit. MR. : The wood sec unit. MR. N'DIAYE: Mm-hmm. MR. : All right. So, this might be the exact same thing as -. Oh, this is what I did (Indiscernible *03:14:50). Sorry. All right. That sounds good. Do you mind just initialing and dating that? MR. : Now, we are getting close to the end. : -- to get you to say 274 275 1 MR. N'DIAYE: Hmm. 2 MR. , you had two 3 follow up questions before we move on. Why 4 don't you ask those? 5 MR. : If the counts and the rounds 6 were done -- 7 MR. N'DIAYE: Mm-hmm. 8 MR. : -- as they were supposed to 9 be done, let's say in the afternoon, by the SHU 10 C.O.s, would they have caught the fact that 11 Epstein's cell was empty, and inmate was 12 actually not where he was supposed to be? In 13 terms of that, if he was assigned, iffptein 14 was required to have a cellmate, and IIIII was 15 transferred, would they have caught onto the 16 fact that Epstein needed a cellmate? 17 MR. N'DIAYE: I don't understand what -. 18 MR. : Let's say was 19 transferred, right? 20 MR. N'DIAYE: Mm-hmm. 21 MR. : If the counts and the rounds 22 were done, in the afternoon, the 4:00 p.m. 23 count, the rounds in between, if they were 24 done, would the SHU C.O.s have caught on to the 25 fact that was missing from the cell? 1 MR 2 MR 3 MR 4 MR. 5 MR. 6 stuff in the memo. And 7 never told me that. 8 MR. N'DIAYE: Right. 9 MR. : That they say that's 10 bullshit, and he's lying. 11 MR. N'DIAYE: Right. 12 MR. : The people that he said 13 were present say the same thing. 14 MR. N'DIAYE: Right. 15 MR. : He didn't say that. 16 MR. N'DIAYE: Right. 17 MR. : So, point being is, well, 18 if didn't pass that information on, if 19 they were actually conducting their rounds, 20 should they have noticed that he wasn't there? 21 MR. N'DIAYE: Yeah. If they knew that he 22 didn't -. If they knew, they knew that - 23 what's his name? - Epstein wasn't supposed to 24 have a cellmate. So, if you see his cell on 25 there, that I guess, and on the outside of the N'DIAYE: 276 N'DIAYE: But they already knew that. If the word of mouth -. So, the claim is -- Mm-hmm. miiiiiiiihat says EFTA00064379 277 1 cell, they would have his name and the other 2 person. Then you should be saying, okay, where 3 is the cellmate? We know he's not in the 4 attorney room. 5 MR. : Okay. 6 MR. N'DIAYE: So. 7 MR. : I got it. 8 MR. N'DIAYE: So, you know he's down in 9 the attorney room. So, you would have said, 10 okay, som±olly's got to be in that cell. 11 MR. IIIII: Hmm. Ace bastard. That's a 12 way to fuck with the other guys. 13 MR. : Meaning, if they actually did 14 the rounds and the counts like they were 15 supposed to, there was more than enough time 16 for them to turn around and assign another 17 cellmate, if needed. 18 MR. N'DIAYE: Or to say, of course, to 19 your point, where they are saying that nobody 20 ever told them, if you were making your rounds, 21 you would have saw that there was nobody in 22 that cell, and then ask you a question, where 23 he's at. 24 MR. : And the person whose job it is 25 to make sure they are doing their rounds is the 278 1 lieutenant or the captain? 2 MR. N'DIAYE: On the shift, it is the 3 lieutenant would check. But now, in fairness 4 to the lieutenant, if you are going off of a 5 sheet, and the sheet says, hey, you made your 6 rounds, and then, something like this happens, 7 then you find out people didn't make their 8 rounds. 9 MR. : And I think what 10 question to you was, does this suggest to you 11 that they were not actuiiiiiconducting their 12 rounds? The fact that was gone for 24 13 hours, and the notifications weren't made? 14 MR. N'DIAYE: It would appear that that is 15 the appearance. 16 MR. : (Indiscernible *03:18:07). 17 MR. N'DIAYE: Yeah. I mean. 18 MR. : I just have one other 19 question. 20 MR. : When I do cross examinations, 21 and it says, it would appear that, yeah, 22 that's, yeah _2omebody found. 23 MR. IIIIII: Have you ever heard of C.O.s 24 pre-fillip 25 MR. : When he says pre-filling, 279 1 what he is saying is that, the beginning of 2 their shift, they are going in and they are 3 just writing, they are initialing and putting 4 in the time. At the very beginning, for the 5 rest of their shift. 6 MR. N'DIAYE: So, let me put it to you 7 this way. If I -- 8 MR. : I saw you smile -- 9 MR. N'DIAYE: -- no, no. 10 MR. : -- when he asked that. 11 MR. N'DIAYE: Because if I become aware 12 and know that somebody is doing something like 13 that, that is reportable misconduct. I'm going 14 to report that. So, if somebody came to me and 15 said, well, this person is pre-filling out 16 count slips, that would be something that I 17 would say, okay, you know, I have to do a 18 referral, or if I don't have enough evidence 19 for it, I would have a supervisor, you know, 20 put it out, said, hey, you cannot do pre-count 21 slips. 22 MR. : So, if we have people 23 confessing, admitting that they are not only 24 pre-filling out their count slips, but also 25 doing it with their round sheets -- 280 1 MR. N'DIAYE: Right. 2 MR. : -- what is your response 3 to that? How bad of a -? How bad is that? 4 MR. N'DIAYE: Well, that is a referral. I 5 would have to do a referral for you guys to 6 look into it. 7 MR. : And then, if they are 8 actually pre-filling those out, does that also 9 suggest to you that they didn't do their counts 10 or their rounds? 11 MR. N'DIAYE: Well, I mean, if they're 12 telling you that we pre-filled it out, it's 13 obvious that they did not, they are not 14 counting. 15 MR. : Right. 16 MR. N'DIAYE: Because if somebody is pre- 17 filling out a sheet, that means -- 18 MR. : They're not counting. 19 MR. N'DIAYE: -- they have no intention of 20 counting. 21 MR. : And does that indicate to 22 you, as the warden, that they are falsely 23 certifying rounds and counts that they did not 24 conduct? 25 MR. N'DIAYE: If they come to you, and EFTA00064380 281 1 they say, hey, we didn't fill out, we haven't 2 done our count slip, that is an admission of 3 misconduct. 4 MR. : Right. But a false 5 certification, as well. Correct? 6 MR. N'DIAYE: Yeah. That is falsifying the 7 document. I mean, but they have admitted that 8 to you. But as far as -- 9 MR. : Now, what if you -- 10 MR. N'DIAYE: -- me -. 11 MR. : -- what if they are 12 saying - they are a newer employer - and they 13 are saying, well, we are doing it because we 14 watched a 20-year guy do it. That's how I 15 learned. He didn't tell me to do it. But I 16 watched him do it. 17 MR. N'DIAYE: So -- 18 MR. : So, I did that. 19 MR. N'DIAYE: -- I would -. So, I would 20 say to you, when did that person come in? 21 Because anybody that came in under me, you get 22 the spiel that, hey, I was new, I was an 23 officer. I know what it is to be new. But I 24 always, always tell people, you got to know 25 what's near and dear to you. 282 1 MR. And that is why I asked 2 you specifically -- 3 MR. N'DIAYE: Right. 4 MR. : -- with Tova Noel. Are 5 you confident that you gave her that spiel? 6 MR. N'DIAYE: Talk to whoever was in her 7 class, and you talk to any, any new class that 8 came throiiiiiiiiiihey will tell you my spiel. 9 MR. : Okay. 10 MR. N'DIAYE: Okay? You can go into our 11 annual training, when we have it, talk to 12 people, and the will tell you about my spiel. 13 MR. : Do you say that always at 14 annual training? 15 MR. N'DIAYE: I cover everything. Because 16 I have -- 17 MR. : Yeah, but do you always say 18 is, you have to do what you have to do. Don't 19 do it just because the 20-year-old guy did 20 that. 21 MR. N'DIAYE: I do. I tell people about 22 doing their job. The same thing when it comes 23 to use of force. I tell staff all the time. 24 Use enough force necessary to control the 25 situation. 283 1 MR. But specifically about 2 not watching the 20-year guy. What is it that 3 you tell them? 4 MR. N'DIAYE: So, what I tell them is, I 5 come in -- 6 MR. : Because it sounds like it 7 is the same thing you tell them every time. 8 MR. N'DIAYE: -- right. So, what I 9 basically tell them, I said, you got some good 10 people that work in the institution. And then, 11 I had, you got some people with time, that just 12 want to do what they want to do. And I tell 13 them, don't follow them around. I said, you've 14 got one. If you are on probation coming in, 15 you need to be doing your job. I said, if 16 someone comes in, and they're not doing their 17 job, or they're telling you not to do 18 something, you make sure you let your 19 supervisor know. I said, I make rounds, you 20 can talk to me. 21 MR. : Okay. 22 MR. N'DIAYE: You know? So, the 23 expectation was clear. But with any other 24 agency - and I'm not just saying our agency - 25 there are people that come in and they become 284 1 followers. 2 MR. Now, we're going to move 3 on. 4 MR. N'DIAYE: Mm-hmm. 5 MR. : We talked about the phone 6 call. 7 MR. N'DIAYE: Right. 8 MR. : On August 9th. What is 9 your understanding of what transpired with 10 Epstein being provided a phone call on the 11 night of August 9th, 2019? 12 MR. N'DIAYE: So, from what I understand, 13 when you come in, you have to be able to do, 14 for the monitored calls, the voice analysis and 15 all that. So, from what I understand 16 afterwards, Epstein was never available for 17 that to be done. Because he went down to the 18 attorney room, and he would come up at night. 19 So, from what I understand, he was given an 20 unmonitored call. 21 MR. : And what do you mean by 22 an "unmonitored call"? 23 MR. N'DIAYE: An unmonitored call is a 24 call that is not recorded with the inmate phone 25 system. EFTA00064381 285 1 MR. : Is it your -- 2 MR. : In other words, they don't 3 listen to what you say? 4 MR. N'DIAYE: Right. They don't. 5 MR. : -- is it your 6 understanding that anyone physically monitored 7 the call, or did you -? 8 MR. N'DIAYE: From what I understand, the 9 individual was standing right there when he 10 made the call. 11 MR. : All right. So, it is our 12 t, "On August 9th, 2019, 13 underst and ing quest to MCC unit manager, 14 , to provide him with a phone 15 call, so that he - Epstein - could call his 16 mother. 17 MR. N'DIAYE: Mm-hmm. 18 MR. checked Epstein's 19 pack and PIN, and found out it was not yet set 20 up. 21 MR. N'DIAYE: Mm-hmm. 22 MR. : Therefore, took 23 Epstein to a shower area in the SHU, and 24 plugged a phone into a legal line. 25 dialed the number. A man answered. He handed 286 1 the phone to E stein. And then, left 2 for the day. MI stayed -". Oh, sorry. 3 MR. N'DIAYE: Mm-hmm. 4 MR. : "Then we found out that 5 the SHU C.O.s here around. 6 MR. N'DIAYE: Mm-hmm. 7 MR. : And did not 8 specifically instruct any one of them to 9 monitor their phone call. Instead, he called 10 the SHU after he departed from the MCC, to make 11 sure that the phone was taken away from Epstein 12 after his allotted time." Had you heard that 13 before? 14 MR. N'DIAYE: I have -. What I heard was 15 he was there and did the monitoring. 16 MR. So, your understanding 17 was that, was there the entire time of 18 his call? 19 MR. N'DIAYE: That, at the entire time of 20 his call. 21 MR. So, a number of questions 22 off of that. The fact that dialed the 23 number that he gave him, and a man called. A 24 man answered. Who, he said he was calling his 25 mother. A man answered and he gave him the 287 1 phone. Is that problematic to you? 2 MR. N'DIAYE: I didn't hear that it was a 3 -. Who did I -? They said it was his -. 4 MR. : So, that information might 5 have come out after. 6 MR. N'DIAYE: It came out after. I didn't 7 - I heard that after the fact - so, I didn't 8 hear any specifics, but I heard it was -. I 9 forgot who they said it was that called, but 10 then afterwards, they said, whoever they said 11 it was, was deceased. That he didn't have that 12 talk. 13 MR. : I think it was his 14 mother. 15 MR. N'DIAYE: Yeah. I think it might 16 So, and that, that is what I heard. 17 MR. : His -- 18 MR. N'DIAYE: Yeah. 19 MR. : -- his mother died during the 20 time of this investigation. 21 MR. N'DIAYE: Hmm. 22 MR. : She was previously deceased. 23 MR. N'DIAYE: Deceased. 24 MR. : So, wait, wait, wait, wait, 25 wait. 288 1 MR. N'DIAYE: Yeah. 2 MR. : So, he calls, looking for his 3 mother. 4 MR. He said he wanted to talk 5 to his mother. 6 MR. : But his mother was already 7 dead. 8 MR. N'DIAYE: Right. 9 MR. : And the person who 10 answered the phone was a male. But he still 11 gave the phone to Mr. Epstein. Is that 12 problematic? That he says he wants to talk to 13 his mother. A man answers. And then gives the 14 phone to Mr. Epstein. 15 MR. N'DIAYE: Well, remember, I am hearing 16 this, that it was a call that all along said 17 I'm calling the mother. I don't know anything 18 about a man answering the phone. 19 MR. : No, no, no, no, no. I'm 20 providing this information as in, like, you are 21 the warden, what is your take on this? Did he 22 do something wrong there? 23 MR. N'DIAYE: Well, as far as, you know, 24 you are saying you want to talk to your mother, 25 and the -- EFTA00064382 289 1 MR. And a man answers the 2 phone. 3 MR. N'DIAYE: -- and then, a man answers 4 the phone. Yeah. It might have been some 5 questions he should have been asking. 6 MR. : Should have he verified 7 who it was he was providing -? If he is giving 8 him an unmonitored call, on an unmonitored 9 line, should have he verified who it was that 10 was on that other line? 11 MR. N'DIAYE: Right. If a male picked up 12 the phone. 13 MR. : Why do you know it's an 14 unmonitored line? 15 MR. Because the legal line 16 isn't recorded? 17 MR. N'DIAYE: Right. 18 MR. : So, that means unmonitored, 19 that it's -- 20 MR. N'DIAYE: Yeah. That you can't -. 21 MR. : -- it's not recorded. 22 MR. N'DIAYE: Right. 23 MR. Correct. 24 MR. Okay. 25 MR. On that note, were there 290 1 any lines that Mr. could have plugged 2 the phone into, that were monitored, versus if 3 they didn't have a pack and PIN? 4 MR. N'DIAYE: Not on the ranges, I 5 believe. I'm not sure. 6 MR. : No? 7 MR. N'DIAYE: I don't think there was 8 anything on there. 9 MR. : Because, yeah, we had 10 been told by someone that many, if not most, 11 BOP facilities have the ability, if a pack and 12 PIN such as that wasn't set up. There are 13 lines that you could plug it into, that are 14 monitored, but at MCC, that wasn't the case 15 MR. N'DIAYE: No. 16 MR. : -- in SHU? 17 MR. N'DIAYE: Not on the ranges. 18 MR. : Okay. 19 MR. N'DIAYE: No. 20 MR. : You said not on the ranges? 21 MR. N'DIAYE: Yeah. 22 MR. : Where would it be? 23 MR. N'DIAYE: I'm not sure. I think 24 religious services might have a line. The 25 Chaplin. 291 1 MR. But not in the SHU? 2 MR. N'DIAYE: Not in the SHU. 3 MR. : Okay. So, not only did 4 he do that, but he then left the SHU for the 5 day. Obviously, he was supposed to sit there 6 and listen to the call. Correct? 7 MR. N'DIAYE: Right. 8 MR. : Should have he put it on 9 speaker phone? 10 MR. N'DIAYE: Either listen to the call, 11 or if he had somebody else take over the call. 12 MR. : Okay. 13 MR. N'DIAYE: You know, so, somebody 14 should have been monitoring the call. 15 MR. : Right. 16 MR. N'DIAYE: Just to stand there and 17 listen. 18 MR. : All riglisz Now, the fact 19 that, you know, obviously, dropped the 20 ball there. He gave him a call, he just wanted 21 to talk to his mom, his mom is deceased, and a 22 male answered. 23 MR. N'DIAYE: Right. 24 MR. : Second, he didn't stay to 25 listen to the call. Third, he didn't tell 292 1 anybody else to listen to the call. Now, the 2 fact that the other - he leaves the unit - the 3 fact that the other people are in the unit, 4 should have they then, at some point, also 5 said, like, hey, this guy is on a phone call, 6 let's go monitoritsizr should have that been 7 something that -- 8 MR. N'DIAYE: Yeah, you couldn't -- 9 MR. : -- would have directed? 10 MR. N'DIAYE: -- you couldn't -. But 11 that's what I'm saying. I don't know the 12 conversation that took place between them. If 13 the call was made, and somebody was told to go 14 monitor it. Did they go over it? Did they not 15 go over it? 16 MR. No. 17 MR. N'DIAYE: So, I don't -. 18 MR. So, Mr. told the 19 people -- 20 MR. N'DIAYE: Right. 21 MR. -- he's on a phone call. 22 Get it back after - whenever it was - 15 23 minutes. 24 MR. N'DIAYE: Mm-hmm. 25 MR. They were giving him an EFTA00064383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 293 unmonitored call. MR. : The significance of this is that, if somebody had monitored the phone call, they might have found out that he was very depressed, or he was -? MR. : Well, there is -. Can you tell us, why is it important for us to know that what inmates are talking about on their phone calls? MR. N'DIAYE: I mean, just for the safety and the securit of the institution. MR. : Is it true that they could potentially operate their businesses, their illegal businesses, from there? MR. N'DIAYE: You could. MR. : Or they call a hit on someone. Or they could, they could do a lot of different illegal activities, if we are not monitoring those calls -- MR. N'DIAYE: Right. That's -- MR. : -- that we wouldn't know MR. N'DIAYE: -- why we monitor them. MR. : All right. I have one more story. 294 1 MR. N'DIAYE: Yeah. Right. 2 MR. : I'm a young lawyer. And I 3 know it's hard to believe I was ever young. 4 But I go - I'm supposed to interview a prison - 5 and I go to the interview, and he says, this 6 person is the main rat against, and I said, no, 7 he's not. I said, that person has got no - 8 fucking nothing to do with it. He don't say 9 nothing about you. Guy looks at me and says, 10 oh, man, I better make a phone call. 11 MR. : So, is it standard 12 practice to allow inmates to make personal 13 calls, as had done? 14 MR. N'DIAYE: You do I, sometimes if they 15 come in, they don't have a pack number. Like, 16 you could have a family member that has passed 17 away, and, you know, you allow them to make a 18 call under that circumstance. You know, I have 19 a pack number set up. You know, so, sometimes, 20 but you should be monitoring that. Sometimes, 21 you make a call to another agency. And the 22 inmates, you know, you verify, hey, this is 23 such and such. But you stay and you listen to 24 the conversation. 25 MR. : Was there ever an 295 1 instance that you wouldn't listen to the 2 conversation? 3 MR. N'DIAYE: On an unmonitored line? 4 MR. Mm-hmm. 5 MR. N'DIAYE: No. Somebody should be 6 standing there. 7 MR. All right. And what are 8 your thoughts on this specific matter from what 9 we just, from what I just told you? 10 MR. N'DIAYE: Like I said, if it's 11 problematic, if you said, if it's the way you 12 said it, l eal 13 MR. : And is it a serious 14 concern and safety violation? 15 MR. N'DIAYE: Well, yeah. I mean, it's a 16 breach. 17 MR. : And why? 18 MR. N'DIAYE: Because we don't know what 19 the conversation was. 20 MR. : Okay. You said -. Okay. 21 You answered that. These are just on this 22 note, there is just a couple of these. There 23 •• onecall. This one says it's from an 24 . Do you know who that is? 25 MR. N'DIAYE: Yeah. He's the supervisory 296 1 attorney. 2 MR. So, he is an attorney? 3 Oh, okay. That's the same guy. 4 MR. N'DIAYE: Mm-hmm. 5 MR. : Supervisory staff 6 attorney. It says, "For client Jeffrey 7 Epstein. Good afternoon. Below, please find 8 complaints from Epstein's attorneys. Can you 9 check to see if he has toilet paper, and that 10 his CPAP is plugged in? I am less concerned 11 regarding his complaint of having had two 12 calls, but they were on unmonitored lines. So, 13 there is no recording of them. His phone 14 account is set up, so we could get a call on 15 the ITS, when 30 days has -- 16 MR. N'DIAYE: Mm-hmm. 17 MR. : -- elapsed." 18 MR. N'DIAYE: Mm-hmm. 19 MR. : So, it looks like this 20 was actually discussed, and this again, was on 21 August 6, 2019. Do you know if this was -? It 22 looks like this was the whole, to the whole 23 executive staff -- 24 MR. N'DIAYE: Right. 25 MR. -- team. Was this talked EFTA00064384 297 1 about at all? 2 MR. N'DIAYE: It was sent out, and that's 3 when, and I don't recall the timeline, I said 4 he needs to stuff set up. Anything -- 5 MR. : Okay. 6 MR. N'DIAYE: -- that he needs, needs to 7 get it set up. So, I believe that was the day 8 when I sent everybody up there, in the attorney 9 room area, and said, get his stuff set up. 10 MR. : Now, di', the 11 captain, I believe, informed that he 12 would give him this call, just make sure it's 13 monitored. 14 MR. N'DIAYE: Mm-hmm. 15 MR. : Prior to that, did the 16 captain talk to you about this at all? 17 MR. N'DIAYE: About what? 18 MR. : Well, affording this un, 19 you know, this call on an unmonitored line, but 20 just making sure it was monitored? 21 MR. N'DIAYE: No. 22 MR. : No? 23 MR. N'DIAYE: Hmm-mm. 24 MR. : But what you had said, 25 make sure his pack and PIN is set up? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 298 MR. N'DIAYE: Yeah. I had to. Because there was some other things to get set up, and I said, hey, we got to make sure that we can get his stuff going. If that's the date, if I remember, where everyone went up and talked to him at th2a_tii2/2_he was in the attorney room. MR. IIIIIIIIII: Okay. Now, this is one that's going to be -. Now, did you -. Were you able iiiiiint out that attachment? MR. : No. That's just our screen. It's not what the see. MR. : I was just hoping -. Okay. So this is one we got. It's something from MR. N'DIAYE: Mm-hrrim. MR. And who is that? MR. N'DIAYE: That's the communication guy. MR. Correct. And he is in charge of, like, the phones -- MR. N'DIAYE: The phones. MR. : -- the cameras. MR. N'DIAYE: Right. MR. : Correct? MR. N'DIAYE: Mm-hmm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 299 MR. And he's to you, and it says, "Phone record 104." MR. N'DIAYE: Right. MR. : Sent on Saturday, August 10th, 2019, at 3:04 p.m. Now, it has an attachment here, titled 8.19.19.cap. MR. N'DIAYE: Mm-hmm. MR. : That we are unable to open. Do you know what that would have been? It appears that it is related to the phone call that Mr. Epstein made. Do you remember if you ever received a recording of that phone call? MR. N'DIAYE: No. I didn't get any recordings. MR. MR. N'DIAYE: MR. : Would it have -- Nuh-uh. -- been, maybe, then, the number that he dialed? MR. N'DIAYE: I think it might -. And it might have been the number. I'm not sure. I can't -. I don't recall. MR. : Okay. MR. N'DIAYE: What that is. MR. Do you remember asking Mr. to provide you with any specific 300 1 information with regards to the call? 2 MR. N'DIAYE: We might have called him 3 about the line, and what was the number that 4 was called. 5 MR. : Okay. 6 MR. N'DIAYE: And could they have pulled 7 it up. So we mi ht have asked him that. 8 MR. : But it definitely wasn't 9 an actual recording on the phone? 10 MR. N'DIAYE: No. It was -- 11 MR. : Okay. 12 MR. N'DIAYE: -- I think it might have 13 been the number that, you know, I think wanting 14 to pass on to the FBI. 15 MR. : Great. 16 MR. N'DIAYE: Uh-huh. 17 MR. Do you mind just 18 initialing -- 19 MR. N'DIAYE: Mm-hmm. 20 MR. -- and dating that? 21 MR. N'DIAYE: Mm-hmm. 22 MR. I just didn't know what 23 that .cap was. 24 MR. N'DIAYE: Right. 25 MR. So, we didn't know, oh my EFTA00064385 301 1 gosh, do we have a recording of this thing? 2 MR. : The second one, too. 3 MR. N'DIAYE: Okay. 4 MR. : All right. Now, we are 5 going to 921:into the actual incident. 6 MR. IIIII: Oh my God. Now, 7 (Indiscernible *03:34:06) getting ready to get 8 into. 9 MR. : We don't have much more. 10 I promise. I mean, we are way passed the -- 11 MR. .Yeah. 12 MR. : -- yeah. What is your 13 understanding of what occurred in Epstein's 14 cell on August 10th, 2019? 15 MR. N'DIAYE: I don't know. 16 MR. : You don't know? 17 MR. N'DIAYE: I didn't go up there. 18 MR. : Do you -. 19 MR. N'DIAYE: I never saw the cell. 20 MR. : Do you believe if -. Do 21 you know if Epstein took his own life? 22 MR. N'DIAYE: That's what I've been told. 23 MR. : Is that your 24 understanding of what happened? 25 MR. N'DIAYE: That was what was conveyed 302 1 to me. 2 MR. : Do you have any 3 information, with regard to anyone else taking 4 Epstein's life? 5 MR. N'DIAYE: No. 6 MR. : No. Have you heard that 7 Epstein's cell door was left opened on the 8 night of August 9th, 2019, and/or the morning 9 of August 10th, 2019? 10 MR. N'DIAYE: I didn't hear that. 11 MR. : You have never heard 12 that? 13 MR. N'DIAYE: No. 14 MR. : Have you heard that any 15 cellmate's in the SHU - any cells within the 16 SHU, any of their doors were left opened on the 17 night of August 9th, 2019 in the morning? 18 MR. N'DIAYE: I did not hear that. 19 MR. : On August 9th. No? 20 MR. N'DIAYE: Hmm-mm. 21 MR. : Do you know if anyone 22 harmed Epstein? 23 MR. N'DIAYE: No. I would have reported 24 it. 25 MR. : All right. So, these are 303 1 the - let's see - this is the Bureau of Prisons 2 Health Services Clinical Encounter. 3 MR. N'DIAYE: Right. 4 MR. : Did you get to review 5 this one at all? 6 MR. N'DIAYE: No. 7 MR. : It talks about responding 8 to a body alarm at 6:35 for medical emergency. 9 MR. N'DIAYE: I think I might have saw the 10 memorandums, but I don't -. I don't recall 11 seeing this. 12 MR. : All right. So, let me 13 just read this, for the record -- 14 MR. N'DIAYE: Mm-hmm. 15 MR. : -- because it is a very 16 quick one. It says, "Responded to a body alarm 17 at 6:35 for a medical emergency on Nine South. 18 Upon arrival, inmate was received on the floor 19 of his cell, unresponsive, with CPR in progress 20 by correctional officers. The inmate was cold 21 with circumferential bruising around the neck 22 and posterior mottling. Pupils fixed and 23 dilated. No palpus (Phonetic Sp. *03:35:59) 24 pulses, call place for EMS, CPR continued. 25 ED placed. No shock advised. CPR 304 1 continued. Inmate transported to HSU treatment 2 room, with CPR in progress. 18G, heplock 3 (Phonetic Sp. *03:36:12)." No. I'm not going 4 to read the rest of this. It just talks about 5 continued CPR in progress. Are you aware, 6 after Epstein was found on August 10th, 2019, 7 at approximately 6:33 a.m., did he ever show 8 any signs of life? 9 MR. N'DIAYE: I never I wasn't up 10 there. 11 MR. Yeah. I just didn't know 12 if you had heard 13 MR. N'DIAYE: No. When I -- 14 MR. -- (Indiscernible 15 *03:36:34). 16 MR. N'DIAYE: -- when I got there, he was 17 already out. 18 MR. Because they said that, 19 you know, he was declared deceased at the 20 hospital. So, my question is, it sounds like, 21 from this erson's report -- 22 MR. : Yeah. 23 MR. • -- he was -- 24 MR. : Right. 25 MR. . -- there was no signs of EFTA00064386 305 1 life. 2 MR. N'DIAYE: And that's -- 3 MR. : And I was just wondering, 4 had you heard anything from staff? Was there 5 ever any signs of life, that you are aware of, 6 while after - from the point he was found, on. 7 MR. N'DIAYE: Well, the impression that I 8 was given was, he was alive when he left the 9 institution. 10 MR. So, you believed he was 11 actually alive? 12 MR. N'DIAYE: That's what was conveyed. 13 MR. It was conveyed to you 14 that -? 15 MR. N'DIAYE: I think he was still alive, 16 if I remember right. I think he was -. They 17 did the CPR. And then, they got him out. 18 MR. : And who -. So, according 19 to this, again, this person arrived at 6:35 -- 20 MR. N'DIAYE: Mm-hmm. 21 MR. : -- they're saying the 22 inmate was cold. You know, "Pupils fixed and 23 dilated. No palpus pulses." Meaning, I'm 24 assuming, that means no pulse. You know? 25 MR. N'DIAYE: So, you would probably have 306 1 to look at the response, the staff responding 2 memorandums on what -. 3 MR. : So, up until this date, 4 did you think that he was alive when he had 5 left the institution? 6 MR. N'DIAYE: That's what I believed. 7 That was the impression I had. 8 MR. : Can I ask a question? Right. 9 If he was dead when they came, and somebody 10 found him, or even if he was close to death, 11 how long would it have been that he tried to 12 kill himself, and the time that they found him? 13 In other words, does that mean he tried to kill 14 himself 45 minutes before? Does that mean he 15 tried to kill himself 30 minutes before? You 16 understaniiiiiiiiiition I'm asking? 17 MR. : Sure. I mean, that is 18 something that the medical examiner, you know, 19 makes that determination. 20 MR. : Because obviously, if he was, 21 had done whatever he did, during the time that 22 there was supposed to be a round, and somebody 23 fucked up, you know what I mean? If you are 24 there, with a towel around your throat, that's 25 a hint that you are not exactly in the best of 307 1 moods. 2 MR. Mm-hmm. 3 MR. N'DIAYE: But the other thing is, you 4 know, I don't know, like you just said, the 5 medical examiner determines, you know, if he's 6 alive or -. 7 MR. : Well, and that was going 8 to become my follow up. First of all, who - 9 this person. It says provider, 10 RN. Is that someone who worked at -? 11 MR. N'DIAYE: He was one of the nurses 12 that worked. 13 MR. : Mm-hmm. 14 MR. : All right. And is it 15 your understanding, by saying provider, this is 16 the person who wrote this report? 17 MR. N'DIAYE: Yeah. Typically, who has 18 the encounter fills it, writes it in the 19 system. 20 MR. : Okay. So, up until me 21 reading these out, you actually were under the 22 assumption that he was alive? 23 MR. N'DIAYE: Yeah. 24 MR. : When he left. 25 MR. N'DIAYE: I thought he was alive. 308 1 Yeah. That was 2 MR. : Okay. Does that have 3 anything to do with the fact that the medical 4 examiner is the only one who can declare him 5 dead? 6 MR. N'DIAYE: It does, too. 7 MR. All right. And also -- 8 MR. N'DIAYE: Yeah. 9 MR. -- I have heard that 10 inmates don't die at prisons. 11 MR. N'DIAYE: Well, I mean, people say 12 that, but again, in reality, we - no one in the 13 prison can declare an inmate dead. 14 MR. Right, right, right. 15 MR. N'DIAYE: Even if -. 16 MR. But is that what you mean 17 by that statement, though? Did you -. I mean, 18 had you heard that he showed signs from life? 19 MR. N'DIAYE: From what -- 20 MR. Because we have heard 21 this -- 22 MR. N'DIAYE: -- from -- 23 MR. -- type of thing -- 24 MR. N'DIAYE: -- yeah, from what I -- 25 MR. -- before. EFTA00064387 309 1 MR. N'DIAYE: -- hear, they were still 2 performing life-saving measures on him, even 3 when, from - what do you call it? - EMS coming 4 in there. So, when you say to me that we are 5 performing life-saving measures, I'm assuming 6 that he is still alive. 7 MR. : Right. Like, there is -- 8 MR. N'DIAYE: so -. 9 MR. : -- always a chance you 10 could bring him back. 11 MR. N'DIAYE: That, you know -- 12 MR. : Or you are hoping that 13 you are going to resuscitate him. But do you 14 know of an indication of -- 15 MR. : That he was successful -- 16 MR. • -- signs of life? 17 MR. : -- yeah. 18 MR. N'DIAYE: I didn't. Again, I'm going 19 off of, assuming that he was still alive 20 because the were still working on him. 21 MR. : Okay. 22 MR. N'DIAYE: So, and if somebody start, 23 now, I've been in situations where the 24 paramedics come in, and, you know, they work on 25 them, and they say, you know what? There is 310 1 nothing else we can do. He still hasn't been 2 declared dead. 3 MR. : Sure. 4 MR. N'DIAYE: But they still -. 5 MR. : Right. 6 MR. N'DIAYE: But from what I gather, they 7 were still working on them. 8 MR. : When you say nobody dies in 9 prison, you are being facetious? 10 MR. It's just one of those 11 things that -- 12 MR. : Yeah. It doesn't -. 13 MR. -- it happens at the -- 14 MR. : Yeah. 15 MR. -- at the hospital. 16 MR. : Yeah. 17 MR. N'DIAYE: Mm-hmm. 18 MR. That's where they are 19 declared dead. 20 MR. : Yeah. 21 MR. N'DIAYE: Mm-hmm. 22 MR. : Right. Okay. 23 MR. N'DIAYE: And that's not, you know, 24 necessarily true. I mean, it's where you are - 25 like, sometimes -- 311 1 MR. : It's sort of a joke. 2 MR. N'DIAYE: -- yeah. 3 MR. : To (Indiscernible *03:40:46). 4 MR. N'DIAYE: It's a joke. Because 5 sometimes, the bodies are still there, and -- 6 MR. : Right. 7 MR. N'DIAYE: -- and we know he is 8 deceased. But then, the doctor and the medical 9 examiner -- 10 MR. : Yeah. 11 MR. N'DIAYE: -- declares -- 12 MR. : At the hospital -- 13 MR. N'DIAYE: -- (Indiscernible 14 *03:40:57 15 MR. -- (Indiscernible *03:40:57) 16 MR. : Right. 17 MR. : The guy's got a big 18 (Indiscernible *03:41:00), you know -- 19 MR. N'DIAYE: Uh-huh. 20 MR. : whatever they call them, 21 knives in his chest. 22 MR. N'DIAYE: Mm-hmm. 23 MR. : You know, you can tell he's 24 not coming back, but I mean, you know what I'm 25 saying, (Indiscernible *03:41:04). 312 1 MR. N'DIAYE: Uh-huh. 2 MR. : But just, I just want to 3 be clear, because with that statement, without 4 me getting a little more clarification, people 5 are going to read, wait a second, the warden 6 said that he was still, he thought he was still 7 alive. Now, I want to make sure I'm clear. 8 Are you saying that there was a chance for them 9 to bring him back, or based upon the 10 conversation with someone - and my follow would 11 be that, who? - did you believe that he was 12 still alive? 13 MR. N'DIAYE: My assumption, from when I 14 was called, was they were working on him, and 15 he was - the were being taken to the hospital. 16 MR. : Okay. 17 MR. N'DIAYE: That's -- 18 MR. : That was -- 19 MR. N'DIAYE: -- that's the term. 20 MR. : -- that -. Wait. You were 21 called at a certain time. 22 MR. N'DIAYE: Yeah. When the lieutenant 23 called. 24 MR. : Okay. Now, the lieutenant 25 says -. EFTA00064388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 313 MR. So, when you came back and found out, did you ever find out that he wasn't showing signs of life, when you came in and talked to people? MR. N'DIAYE: No. Because I - first of all, when it happened, I wasn't going around questioniiiiiiiiiiiabout -- MR. : Okay. MR. N'DIAYE: -- okay, what's going on with this, because then, I knew that it was a criminal case. But not criminal, but there was going to be an investigation into it. And so, I didn't want to give the appearance of anything, that I was interfering with any investigation. But when I did call, they said they were working on him, and that, you know, he was being transported to the outside hospital. MR. : And who was it that provided you with that information? MR. N'DIAYE: The lieutenant. Lieutenant MR. : So, you drew the inference that that -- MR. N'DIAYE: Uh-huh. 314 1 MR. : -- meant he was still alive? 2 MR. N'DIAYE: Right. I assumed that, you 3 know, they were still working on him, and he 4 was still alive. 5 MR. : And after that 6 conversation, though, and speaking with other 7 people, you never gathered that, oh, he was, 8 they were working on him, attempting to bring 9 him back, but he was not alive? 10 MR. N'DIAYE: I didn't -. 11 MR. : From -. 12 MR. N'DIAYE: The assumption, my 13 assumption, was that he was deceased at the 14 hospital. 15 MR. Okay. 16 MR. N'DIAYE: Yeah. So. 17 MR. : All right. Do you want 18 to followsgull that at all, anymore? 19 MR. 'I'll': No. 20 MR. N'DIAYE: Mm-hmm. 21 MR. • Okay. 22 MR. : That kind of covers it. 23 MR. : Are we through now? 24 MR. N'DIAYE: No. 25 MR. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 315 MR. Oh, god. MR. : We only have, really, very brief conversations left. All gi ll"), this was an email sent from you, to It just says, subject, "Names." MR. N'DIAYE: Mm-hmm. MR. It says Michael Thomas. MR. N'DIAYE: Mm-hmm. MR. Tova Noel, and MR. N'DIAYE: Mm-hmm. MR. Who were -? Why were those people listed? MR. N'DIAYE: Because he wanted to know who was wor•iithere that night. MR. : Okay. MR. N'DIAYE: Who was the staff working there thaiiiiiiiiii MR. : So wh did you write versus, like , or who else was up there? Was (Phonetic Sp. *03:43:25) still there? MR. : No. MR. : At least and . Was left off for any reason? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 316 Because I think worked -- MR. N'DIAYE: I think this -- MR. : -- until midnight, and only worked until 10:00. MR. N'DIAYE: No. For - and I don't - correct me if I'm wrong - I don't know if he wanted to know who was on the midnight shift. And then, I included who was on Ten South. I'm not sure. MR. : I think was the OIC of the shift previous. And then, just Tova, MR. N'DIAYE: Tova would have -- MR. from -- MR. N'DIAYE: -- been two up there. MR. -- midnight afterwards. MR. N'DIAYE: Yeah. MR. • And then -. MR. : I think that Ten South was -- and Tova were the ones MR. N'DIAYE: Yeah. So, I don't know, remember it. But I know it had to do with the question about who was working. MR. Okay. EFTA00064389 317 1 MR. N'DIAYE: So, I don't know the 2 specifics and wh it listed those three. 3 MR. : And you don't know if, 4 like, because these were, who we considered the 5 subjects. 6 MR. N'DIAYE: No. I mean, these two would 7 have been obvious because they were working up 8 there on the midnight shift. But I don't know 9 why of thrown in there. 10 MR. : Okay. 11 MR. N'DIAYE: Mm-hmm. 12 MR. : Mind just initial and 13 dating that? SC And this one is an email 14 from Captain to you, dated Sunday, 15 August 11, 2019. And it says, subject, "A 16 memorandum, Epstein." 17 MR. N'DIAYE: Mm-hmm. 18 MR. : And it says that this was 19 dated August 10th, 2019. 20 MR. N'DIAYE: Mm-hmm. 21 MR. : It's from Captain 22 It says, subject is, "Security expectations 23 involving inmate Epstein, Jeffrey." 24 MR. N'DIAYE: Mm-hmm. 25 MR. : Are you familiar with 318 1 this? Did you ever see this, that he sent? 2 MR. N'DIAYE: I did. 3 MR. : Do you know what the 4 purpose of this was? 5 MR. N'DIAYE: Let me read it again. 6 "(Indiscernible *03:44:56), and while this 7 could be conducted, I did, I informed staff 8 (Indiscernible *03:44:59) be dealing with 9 inmate Epstein, and others were notified. I 10 explained that lieutenants were to conduct 11 (Indiscernible *03:45:08), and at that point, 12 (Indiscernible *03:45:09). I explained I 13 could, and they would not (Indiscernible 14 *03:45:15)." Oh, no. I just was asking him 15 when the thing happened, what is the guidance 16 he provided? 17 MR. : So, what did he provide 18 to, like, the SHU staff and the lieutenant? 19 Because -- 20 MR. N'DIAYE: Yeah. 21 MR. : -- at least the last 22 little point on this first page -- 23 MR. N'DIAYE: Yeah. 24 MR. : -- so, it says, "In 25 detailed conversations with the SHU lieutenant, 319 1 he was informed of my expectations regarding 2 the supervision of inmate Epstein, 3 specifically, he was reminded on several 4 occasions that inmate Epstein was to be housed 5 with a cellmate." 6 MR. N'DIAYE: Right. 7 MR. : So, is this all, like, 8 the expectations surrounding -- 9 MR. N'DIAYE: The expectations. 10 MR. : -- Epstein? 11 MR. N'DIAYE: Right. Mm-hmm. 12 MR. : And when he says, "During 13 the week of July 31st, 2019, in order to 14 address management concerns with inmate 15 Epstein," do you know what he is talking about 16 there? With management concerns. 17 MR. N'DIAYE: The housing of them. And in 18 the Special Housin Unit. 19 MR. : Okay. And do you know 20 if, according to this, it looks like he is 21 saying that he did perform an informal training 22 sessions with staff. Do you know if he, in 23 fact, did that, or is it just based upon -- 24 MR. N'DIAYE: Just based upon -- 25 MR. -- what he wrote here? 1 MR. N'DIAYE: 2 MR. 3 other information, 4 you? 320 -- on what he sent out. Okay. So, there is no aside from what he's telling 5 MR. N'DIAYE: Right. Yeah. He told me 6 that. 7 MR. So, this one is - I want 8 to get your take on this matter - so, this is 9 back to , who was relieved 10 at 5:30, but she stayed at the institution at 11 least until 9:30, and sent out that email, 12 detailing, you know, what day, and the 13 lieutenant's1221 and the daily activity log. 14 So, Captain sent her an email on 15 8/12/2019, stating, "Lieutenant , I am 16 reminding you to submit your supervisory 17 memorandum for the inmate Epstein incident that 18 occurred on 8/10/2019. 19 Please have it complete and ready for 20 submission on 8/13/2019." She responded with 21 no, addressing nothing, just saying, just 22 responded simply, "In your email, you state, 23 quote, 'I am reminding you.' End quote. I 24 haven't spoken to you or anyone else regarding 25 the incident involving inmate Epstein or EFTA00064390 321 1 anything else pertaining to August 10th, 2019. 2 So, how is it possible for you to be reminding 3 me? Second, I have been properly relieved, 4 prior to the incident involving inmate 5 Epstein." What is your take on that email? 6 MR. N'DIAYE: First of all, any major 7 incident that takes place in the institution, 8 we have to do what is called a report of 9 incident. 10 MR. : Sure. 11 MR. N'DIAYE: He is well within the scope 12 of his employment, asking, okay, where is your, 13 where is -. And I don't know if he was asking 14 her the overall memorandum. Like, you are the 15 shift lieutenant. You know, when this incident 16 took place. So, technically, you should have 17 been doing the packet. So, he is probably 18 contactiniiiiiiiiiithat. 19 MR. : Well, she was relieved at 20 5:30 a.m., but she was still there, and the 21 incident happened at 6:30. And again, she aws 22 there at least until 9:30. And she did respond 23 to the SHU afterwards, helping with the 24 feeding. Should have she written a memorandum? 25 MR. N'DIAYE: Yes. 322 1 MR. Yes? 2 MR. N'DIAYE: I mean, she said she 3 responded to the incident? 4 MR. : She didn't respond to the 5 incident. She responded after the incident, to 6 help in the SHU with feeding and dealing with 7 the inmates. 8 MR. N'DIAYE: So, she -. Well -. 9 MR. : So, somebody told her that the 10 fucking guy hung himself, should she have -. 11 Right? 12 MR. N'DIAYE: Again, from what I gather, I 13 am under the impression, when the lieutenant 14 relieved her, she was gone. Because, and, you 15 know, and I can't speculate on what was there. 16 So, if we -. 17 MR. She said she stuck 18 around, working on matters that she needed to 19 catch up on. 20 MR. N'DIAYE: Okay. So -- 21 MR. : But it sounds like 22 manipulating those numbers on the counts and 23 stuff. 24 MR. N'DIAYE: Okay. 25 MR. Right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 323 MR. N'DIAYE: So, let me ask you this question. I have, I have a medical emergency. A suicide, right? That is an emergency everyone in the institution has to respond to. Why didn'iolond to it? MR. : So, you think that she maybe came back after? MR. N'DIAYE: It doesn't make sense to say MR. Well, she never sent out her required logs, though. MR. N'DIAYE: Right. So, that, but -- MR. : So, you reviewed her emails. And I would think that she would have sent that out, if she had left, I would think she would have sent that out before she left. Right? As required. MR. N'DIAYE: Right. So, did you leave and come back? I mean, because if you are saying that you were there, you would have been one of the first responders up to the unit. MR. : Yeah, MR. N'DIAYE: For the emergency. MR. That's a really good point. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MR. MR. MR. 324 N'DIAYE: You know? : In other words -- • I wish we had -- : -- they're saying it sounds fishy. MR. -- I wish we had thought of that. MR. N'DIAYE: I mean, so, and then, if you MR. And if she didn't, why? MR. N'DIAYE: -- and if you didn't respond, wh c i Sn't you respond? MR. : If she -. Is it a claim at all, I had been relieved, I wasn't technically working? MR. N'DIAYE: If you are in the building, you have MR. : Is that right? MR. N'DIAYE: It's an emergency. Okay. I mean, as a lieutenant -- Okay. -- I would want to respond, MR. MR. N'DIAYE: MR. MR. N'DIAYE: and say -- MR. And so, the fact that she EFTA00064391 325 1 states that she was there, and she was working 2 on her administrative responsibilities -- 3 MR. N'DIAYE: Right. 4 MR. : -- so, is that a problem, 5 then, as the warden? What do you mean you are 6 working on the administrative? You should have 7 responded to that emergency. 8 MR. N'DIAYE: No. But - and I don't want 9 to speculate on when you are there - but I 10 just, there is just some questions -- 11 MR. : Wait, and I think -- 12 MR. N'DIAYE: -- they just don't -- 13 MR. : -- that is a yes or a no -- 14 MR. N'DIAYE: Right. 15 MR. : -- you know, question. 16 MR. N'DIAYE: Yeah. I mean, it's a 17 problem. If you are saying I am working on it, 18 okay. Now, at what point did you say, okay, I 19 need to, because once they had said, hey, I 20 have a suicide or something going on, which is 21 probably over, you know, a real medical 22 emergency, and you hear the transmission on the 23 radio, you are going to go up there. So then, 24 you say, oh, I went up there later, to help 25 with the feeding. Either way, you were in the 326 1 building. The captain is asking you, it 2 happened on your shift, you are responsible for 3 conductiniiiiiiiiiirt of incident. 4 MR. : So, that answer is yes, 5 she should have written a memorandum? 6 MR. N'DIAYE: She should have written one. 7 I don't understand why she didn't, you know? 8 MR. : And is that at all - 9 reading how she responded - is that 10 insubordination at all, to you? 11 MR. N'DIAYE: Listen. I will put it this 12 way. I can't speak on other supervisors or how 13 they tolerate, but if you had given me a 14 memorandum like this, we would be having a 15 conversation. You know? 16 MR. : Is that, at the very 17 least, inappropriate -- 18 MR. N'DIAYE: I think -- 19 MR. : I think it's 20 inappropriate. I mean, that's the way -- 21 MR. : I mean, I read it. I 22 thought it was inappropriate. 23 MR. N'DIAYE: -- yeah. 24 MR. : I just didn't know how -- 25 MR. N'DIAYE: I would have gone to have a 327 1 conversation, like, you know, first, are you 2 all right? And then, secondly, what is this? 3 But yeah. 4 MR. : Fair enough. 5 MR. : Okay, listen, one last 6 question. 7 MR. : Sure. 8 MR. : Does that give the implication 9 that she is covering up for somebody, or she 10 just didn't do her job? 11 MR. N'DIAYE: I don't know. 12 MR. : We don't know. That's -. 13 Had you heard anything about her covering up 14 for someone? Because -. 15 MR. N'DIAYE: I haven't heard anything, 16 but, you know -- 17 MR. : Did you hear about 18 inmates saying that she was making statements 19 that she was going to cover for other people? 20 MR. N'DIAYE: Again, I don't want to make 21 any statements -- 22 MR. : No, no, I'm asking you -- 23 MR. N'DIAYE: -- that are not factual. 24 MR. : (Indiscernible *03:51:56). 25 MR. . -- did you ever hear -? 328 1 MR. N'DIAYE: No, I didn't hear anything. 2 MR. ..would hate to -- 3 MR. : You never heard it. 4 MR. N'DIAYE: Right. 5 MR. : I would hate to give my own 6 client a hard time. 7 MR. N'DIAYE: Right. 8 MR. : But, but it sounds to me like 9 she's got three hours where she knows this guy 10 is dead. 11 MR. N'DIAYE: Right. 12 MR. : You know? And she don't say 13 much. I mean, you know, if I was him, I would 14 be drawing an inference, saying, what the fuck 15 is going on? Excuse my language, by the way. 16 I have a filthy mouth. 17 MR. N'DIAYE: No. I mean, I understand 18 what you are saying, but you know, I'm just, my 19 point of view is - and my concern - is -- 20 MR. : Yup. 21 MR. N'DIAYE: -- if you were there -- 22 MR. : Your concern is, you would 23 have asked, unlike myself, you would have asked 24 her a question first -- 25 MR. N'DIAYE: Right. EFTA00064392 329 1 MR. : -- rather than jumping into, 2 which is -- 3 MR. N'DIAYE: Because I was -- 4 MR. : -- which is what I did. 5 MR. N'DIAYE: -- under the impression, 6 because when Lieutenant IIII called me, he was 7 the operations lieutenant, and he had relieved 8 her. 9 MR. : Right. 10 MR. N'DIAYE: She had gone home already. 11 MR. : Well, he had certainly 12 relieved her, but -- 13 MR. N'DIAYE: Yeah. 14 MR. -- according to her, she 15 hadn't gone home. 16 MR. N'DIAYE: Yeah. 17 MR. : Do you mind just 18 initialing and dating that? 19 MR. N'DIAYE: Yeah. 20 MR. : Maybe you asked this 21 question. And I just want to clarify. Being 22 that she started this shift 10:00 p.m. the 23 night before, right? 24 MR. N'DIAYE: Mm-hmm. 25 MR. : Let's say this incident did 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 330 happen. We're not saying she did. We don't know. If she went in and she altered the lieutenant logs, for the previous shift, did she do somethin wrong? MR. : Well, and again, we are knowing, though, that she started at 10:00 p.m. So, that is still her shift. MR. : Yeah. But -- MR. We've had this conversation -- MR. MR. -- no, no, but -- -- before. MR. : -- let's just say, you know, the fact that the inmate wasn't moved until midnight, and then the clarification, and the count, the count numbers being changed in there. Now, so, the lieutenant log count numbers are accurate, except the count, the actual count slips, were completely off. So, somewhere along the way, someone altered those numbers to -- MR. N'DIAYE: Well -- MR. : -- correct it. MR. N'DIAYE: -- the lieutenant is required to take a count on each shift. So -- 331 1 MR. : So, see, wait. 2 MR. N'DIAYE: -- you got the -- 3 MR. : -- the lieutenant is supposed 4 to take in a count. Right? 5 MR. N'DIAYE: Right. lust to take one 6 count -- 7 MR. : He's supposed to -- 8 MR. N'DIAYE: -- on shift. 9 MR. : An institutional count. 10 MR. N'DIAYE: Institutional count. 11 MR. : Okay. 12 MR. Not a physical, in the 13 SHU count. 14 MR. : Okay. So, now -- 15 MR. N'DIAYE: But now, if you 16 (Indiscernible *03:53:53). 17 MR. : I got to shut up. 18 MR. N'DIAYE: Yeah. Go ahead. 19 MR. : He's supposed to take a count. 20 MR. N'DIAYE: Right. 21 MR. : Right? And he's supposed to 22 enter the count. 23 MR. N'DIAYE: Right. 24 MR. : Right? Okay. And there was a 25 count entered, right? And there is no question 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 332 that, at sc itpoint, the count was altered? MR. IIIIII: The count was wrong. MR. N'DIAYE: The count was wrong. MR. : Okay. Okay. MR. : Well, no -- MR. : Yeah. (Indiscernible *03:54:142_::______ MR. IIIIIIIIII: -- what he's saying is it was altered. MR. -- (Indiscernible *03:54:15). MR. : I'm talking about the numbers MR. : So, if you recall -- MR. : -- on the paperwork. MR. : -- on August 9th, 2019, the lieutenant's log says, at midnight, there was 72 in the SHU. The count slip says 73. MR. N'DIAYE: Mm-hmm. MR. : And the lieutenant's log for the next day at midnight says there was 73. MR. N'DIAYE: Mm-hmm. MR. : So, what Agent is asking is, well, that obviously goes to show that she went back and changed those numbers to 72, because -- EFTA00064393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MR. MR. 333 : But what is her motive -- -- that midnight -- -- to do that? MR. -- she says she was just trying to make things accurate. MR. : But what would be an ulterior motive that would create the idea that she was doing somethin wrong? MR. : It goes back to when you asked -- MR. N'DIAYE: Ym-hmm. MR. : -- is there something to do with a cover up? MR. N'DIAYE: So, if - and granted, mistakes are made in the log - but you also annotate that in the log. Like, you will put, okay, late entry. Because typically, if you say the log is done already, when you go back and make changes, you make changes for this reason alone. An investigator comes in, looks at it, and says, well, wait a minute, it looks like you've been playing, you went back and just changed the numbers. So, you can put in there, and you say, okay, late entry, explain what your change was, and what the mistake was. 334 1 MR. : So, really, with this -- 2 MR. N'DIAYE: You know? 3 MR. : -- to show a malicious intent 4 in her part, there's got to be something that 5 influences her to protect one of the people 6 that were - no question - were fucking around. 7 Right? The two guys that were fucking around 8 ended up getting pinched. Right? So, if one 9 of them is her friend, then she's got a 10 malicious motive to go try and cover for that 11 guy. Like, did 58,000 (Indiscernible 12 *03:55:58) police officer, he says, well, I 13 thought he drew a gun on me. 14 MR. N'DIAYE: Right. 15 MR. : And I shot him. 16 MR. N'DIAYE: Yeah. 17 MR. : Oh, okay. Nobody else saw 18 that. 19 MR. N'DIAYE: Yeah. 20 MR. : But you are not aware of 21 her involvement at all, you said, or -- 22 MR. N'DIAYE: As far as what? 23 MR. : -- covering up for them, 24 or involvement in Epstein's death? 25 MR. N'DIAYE: No. She wouldn't have had 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 335 that conversation with them. MR. : And you weren't - until now, it sounds like - even aware that she was at the institution after 5:30 a.m.? MR. N'DIAYE: I was told she left. MR. MR. N'DIAYE: MR. that? MR. N'DIAYE: The operations Because he called me and he says, relieved -- MR. N'DIAYE: So, MR. MR. Sorry. MR. N'DIAYE: Yeah. MR. Okay. And did you have - before we move on to the next subject - do you have any more on that? MR. MR. : So now, we are going to talk about the cameras. MR. N'DIAYE: Mm-hmm. MR. : Were the SHU cameras recording on August 9th and 10th of 2019? Okay. Yeah. And again, who told you lieutenant. hey, I 336 1 MR. N'DIAYE: I didn't physically go check 2 to see if the were, were recording or not. 3 MR. : Did you learn that they 4 were not recording? 5 MR. N'DIAYE: Yeah. We found out 6 afterwards that they weren't recording. 7 MR. IIIII: Wait. Wait. We had this 8 conversation. 9 MR. N'DIAYE: Right. 10 MR. : The cameras don't work in a 11 lot of these institutions. Right? 12 MR. : Yeah. Yeah. 13 MR. : All right. And that's because 14 they didn't spend the fucking money to make 15 sure the cameras work. 16 MR. N'DIAYE: Well, it's -- 17 MR. : And I got to stop saying 18 "fuck." 19 MR. N'DIAYE: -- that's the issue, too, 20 funding, and, you know, so, since that 21 incident, I guess there was some audits done by 22 the agency, and they realized that it was kind 23 of a system Indiscernible *03:57:15). 24 MR. IIIII: But you see, the issue is, 25 should you have checked why weren't the cameras EFTA00064394 337 338 1 working? 2 MR. Well, that's my question 3 is, do you know why they were not working? 4 MR. N'DIAYE: I don't know the specific 5 language that was used, and what was wrong with 6 it, because I guess, after I left, they kind of 7 made a determination on what was why -. What 8 was the reason. I know we were going through 9 the process of auditing and fixing some 10 cameras. But those specific SHU cameras, I 11 wasn't aware of the extent. 12 MR. : Okay. Let's just really 13 quickly review -- 14 MR. N'DIAYE: Mm-hmm. 15 MR. : -- the SHU camera 16 documentation. Were you ever provided any 17 documents of a camera that actually was working 18 in the SHU? 19 MR. N'DIAYE: You mean, the day of the 20 Epstein thin ? 21 MR. : Right, right. At any 22 time. 23 MR. N'DIAYE: I don't recall. 24 MR. : So, were you provided 25 with this? This is right outside of -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: This was a -- MR. : -- Ten South. MR. N'DIAYE: -- that says camera angle out of Ten South. MR. Right. Were you ever provided with that, as far as -- MR. N'DIAYE: It looks -- MR. -- I think from -- MR. N'DIAYE: -- it looks familiar, but I don't -- MR. MR. N'DIAYE: MR. -- from -- he might have. Okay. But you don't remember specifically? MR. N'DIAYE: Yeah. I don't specific. MR. : Okay. And then, just while we are here, I guess, what are these doors right to the right of this picture? MR. N'DIAYE: This door goes into Ten South. MR. : Okay. MR. N'DIAYE: And then, this one, I think is a utilit r odoor. I'm not sure. MR. : Okay. So, the door that says "46" goes into Ten South? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A. 19 -- 20 MR. Would this be L tier up 21 here? 22 MR. N'DIAYE: Yeah. L and M tier. That's 23 what -. 24 MR. So, right up, right to 25 the right of the officer's station, looking at 339 MR. N'DIAYE: That looks like the Ten South door. Oh, wait, wait. Yeah. The phone is -. Yeah. That is Ten South. It looks like Ten South. MR. : And what are we looking at down here? MR. N'DIAYE: So, this is the, right here is the officer's station area. MR. : And do you - based upon that - do you know what tier that would be right there? MR. N'DIAYE: Oh, man. You got (Indiscernible *03:59:02) stopped. Let me see. Is that G and H tier, I think, if I remember. MR. : And what would be right to the right of the officer's station? MR. N'DIAYE: Oh. Wait. G. H. I. J. I don't remember if that was I and J. That 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 340 this picture -- MR. N'DIAYE: Right. MR. -- would be L. And is that where Epstein was housed? MR. N'DIAYE: I believe he was on the L tier. MR. Okay. Do you mind just initialing and dating that? MR. N'DIAYE: Mm-hmm. MR. : So, here is a map that we were previously provided. Does this look like, then -? So, this is where we were that this camera angle is focusing down here on the officer's station. This is L tier. MR. N'DIAYE: Mm-hmm. MR. : On the second level. MR. N'DIAYE: Mm-hmm. MR. : And this is where Epstein would have been housed. MR. N'DIAYE: Mm-hmm. MR. : Does that look right? MR. N'DIAYE: That looks right. MR. : Okay. Is this L tier here? MR. N'DIAYE: That's L tier. EFTA00064395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. Does this would have been Epstein's door? can't really see because of the crossings -- MR. N'DIAYE: MR. MR. N'DIAYE: scene tape. MR. Okay. Do you have any reason to believe that that wouldn't be Epstein's door? MR. N'DIAYE: What do you mean? MR. 341 look like what I know you police Yeah. -- on it. I noticed it. The crime As far as, I know we can't see the number -- MR. N'DIAYE: Yeah. I don't know the number, but I'm taking your word for it, that that is. MR. : Okay. Now, if you see, this is L tier range. And at the very end, you see this camera. MR. N'DIAYE: Mm-hmm. MR. Should that camera have been recording? MR. N'DIAYE: Yes. MR. Okay. And is that a 342 1 camera that I'm actually looking at right 2 there? 3 MR. N'DIAYE: That is a camera. 4 MR. : Was that camera recording? 5 MR. : Sir, do you know if the 6 camera was recording? 7 MR. N'DIAYE: I didn't see. After I left, 8 I guess they said there were camera issues, but 9 I don't know what, I wasn't provided 10 information on what specific cameras were 11 working or not. 12 MR. : So, they didn't tell you 13 if they were working or not? 14 MR. N'DIAYE: Well, remember, I was 15 removed. 16 MR. : I just didn't know if you 17 found out on the 10th or 11th. 18 MR. N'DIAYE: No. I was removed on the, 19 you know, they said there were some camera 20 issues, and then, what they were doing, they 21 had the FBI came in, and took hard drives, and 22 I guess they were working to see what was 23 working and what wasn't working? 24 MR. : Can you initial and date 25 that? 1 MR. 2 this since he 3 recording. 4 MR. 5 MR. 6 thoroughness 7 MR. 8 it. I'm -- 9 MR. N'DIAYE: Yeah. 10 MR. : You're very thorough? 11 MR. . -- yes. 12 MR. : You know, if you, if you are a 13 good trial lawyer, you know, allegedly a good 14 trial lawyer, a lot of times, you are not 15 supposed to be thorough. You are supposed to 16 put an idea in the jury's head, right? Where 17 you can see they're invulnerable, stay on that 18 fucking idea, because if you are going to be 19 thorough, you have to bring out something that 20 you don't want to bring out. You know, so you 21 to speak to the things, but you know you got 22 them. 23 MR. N'DIAYE: Yeah. 24 MR. So, this is an email that 25 was received. Who's 343 I'm not going to get into wasn't aware that they weren't : Mm-hmm. : Boy, I'm impressed by your I'll tell you that much. That's why they put me on 344 1 MR. N'DIAYE: He's the facilities manager. 2 MR. : Okay. So, is this what I 3 wanted to show you? Hold on. Now, did you 4 print out the one that I sent you this morning? 5 MR. : Is that -. That should be 6 the last thin on the 7 MR. : Okay. I'm not going to 8 get into those. So, you weren't aware that the 9 cameras were not - or you are not aware if the 10 cameras were or were not recording -- 11 MR. N'DIAYE: We had camera -- 12 MR. : -- in the SHU? 13 MR. N'DIAYE: -- no. We had camera issues 14 throughout the institution. 15 MR. : Okay. 16 MR. N'DIAYE: So, I don't know which 17 specific one, because we had Mr. working 18 on a project some money for it. 19 MR. : Okay. 20 MR. N'DIAYE: But when it came to that 21 specific night, I didn't know if they were 22 working or not. 23 MR. : Were you ever told that, 24 either on August 8th or August 9th, that the 25 cameras were not recording in the SHU? EFTA00064396 345 1 MR. N'DIAYE: I heard - yes - I was told 2 that there were some issues with the cameras -- 3 MR. : On either the 8th or the 4 9th, prior to Epstein? 5 MR. N'DIAYE: -- no. I'm talking about 6 afterwards -- 7 MR. Yeah, yeah, no -- 8 MR. N'DIAYE: -- when it happened. 9 MR. -- I'm saying -. So -- 10 MR. N'DIAYE: Yeah. 11 MR. -- August 10th is the day 12 he is found. 13 MR. N'DIAYE: Right. 14 MR. : On August 9th or August 15 8th, even, leading up to Epstein being found, 16 were you ever informed that cameras were not 17 recording? 18 MR. N'DIAYE: No. I wasn't told about 19 cameras. 20 MR. : All right. So, based on 21 our investigation, we learned that MCC, SIS 22 Lieutenant Doctor -- 23 MR. N'DIAYE: Mm-hmm. 24 MR. : -- and that AW -- 25 MR. N'DIAYE: Mm-hmm. 346 1 MR. : -- became aware on August 2 8th, 2019, that at least some of the MCC 3 cameras were not recording. They contacted 4 comtech , anclay_have also 5 notified Captain Jermaine IIIIII. Did you ever 6 hear anything about that? 7 MR. N'DIAYE: I knew prior that there was 8 some cameras in the institution that needed to 9 be fixed, but not specifically the SHU, no. 10 MR. : Okay. 11 MR. N'DIAYE: Yeah. 12 MR. : And would have that been 13 based upon what they found? The AW and 14 SIS Lieutenant Doctor? 15 MR. N'DIAYE: No. Because we had had some 16 issues with cameras, and we were trying to seek 17 funding. So, and we were trying to see, okay, 18 what was working and what to get fixed. But 19 specificallyl_i2_2U, no. 20 MR. IIIIIIIIII: All right. So, only 21 because, you said that you were trying to get 22 funded. Did you know that there were already 23 cameras at the institution, and that's what 24 they were able to replace when the FBI took the 25 cameras on the 10th, they were able to 347 1 immediately replace them with the cameras that 2 were onsite? 3 MR. N'DIAYE: So, cameras all -. 4 Institutions always have, like, backup cameras 5 to fix what is there. But I was talking about 6 funding tiiiiiiiiiithe whole system. 7 MR. : So, this was from fiscal 8 year 2018 -- 9 MR. N'DIAYE: Right. 10 MR. -- back in September. 11 MR. N'DIAYE: Mm-hmm. 12 MR. This is a memorandum for 13 you, from a , acting facilities 14 manager. 15 MR. N'DIAYE: Right. 16 MR. : And these are all the 17 different documents that go with it, regarding 18 a new camera system that was purchased. 19 MR. N'DIAYE: Right. 20 MR. : It was, it looks like 21 there was $800,000. 22 MR. N'DIAYE: Nn-hmm. 23 MR. : For this total. These 24 are all the documents that - here you go - this 25 is an approval of your September 11th, 2018 1 request. So, this 2 MR. N'DIAYE: 3 MR. 4 looks like a 5 *04:05:31). 6 MR. N'DIAYE: Mm-hmm. 7 MR. The assistant director 8 for administration. 9 MR. N'DIAYE: Mm-hmm. 10 MR. : It says, request to 11 exceed the spending limit of 450,000 on a work 12 request number 8158, replace camera system at 13 MCC New York. This work request is to replace 14 the current degraded camera system. The total 15 cost of this work is not to exceed 4800,000." 16 MR. N'DIAYE: Mm-hmm. 17 MR. : Then, at the bottom, it 18 says, "If you have any questions, please call 19 me or have your staff contact," and how do you 20 say that name? Do you know? 21 (Phonetic Sp. *04:05:57)? 22 MR. N'DIAYE: 23 MR. the Third 24 (Phonetic Sp. *04:06:00). Chief facility 25 manager branch." 348 is a memorandum for -- Right. from, it (Phonetic Sp. EFTA00064397 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 349 MR. N'DIAYE: Mm-hmm. MR. : And it says, "At the phone number." And then, here are the, you know, the work orders for that. So, we have spoken with SigNet, who was the camera provider MR. N'DIAYE: Mm-hmm. MR. : -- they said that on or around October or November of 2018, they were delivered. MR. N'DIAYE: MR. Mm-hmm. And then, talking with , the (Indiscernible *04:06:22) -- MR. N'DIAYE: Mm-hmm. MR. : -- city manager, he said that they started working on the infrastructure of the camera project on or around March 2019. MR. N'DIAYE: Mm-hmm. MR. : To get everything ready for the new camera system that was onsite to be installed, and said that -. MR. N'DIAYE: They had to run wires. But the old system was there. So, they had to run wires. And they had to get a contract done. 350 1 MR. Uh-huh. 2 MR. N'DIAYE: In order, because you needed 3 the comtechs, and I forget the wording that 4 they used, is to run the cables, to get the new 5 camera system in. So. 6 MR. : And do you know how long 7 that typically takes to run the new wires and 8 all that? 9 MR. N'DIAYE: You would have to have the 10 staff (Indiscernible *04:06:58). We didn't 11 have the 12 MR. : So, were there two people 13 TDY'd, though, in order to do that? 14 MR. N'DIAYE: They started TDY'ing people 15 in, to come in. 16 MR. : Wait a minute. Can the staff 17 run the new wires, or you have to get an 18 electrician to run the wires? 19 MR. N'DIAYE: No. We have staff that are 20 qualified to do it, but then, some of them were 21 new and rfltily didn't know how to do it. So -- 22 MR. IIIII: Okay. 23 MR. N'DIAYE: -- you know, it was -. 24 MR. : So, according to Mr. 25 it says, "The camera system was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 351 scheduled to start March 17th, 2019, and it started on schedule. When I arrived TDY February 2019, we only had one communication technician -- MR. N'DIAYE: Mm-hmm. MR. : -- therefore, after talking to the regional office, they started a project to assist in funding and labor. So, we were able to start the week of March 17th, 2019 for the camera system, and all other infrastructure throughout the institution. MR. : St. Patrick's Day. MR. N'DIAYE: Mm-hmm. MR. : Below is the email sent to all the institution from (Phonetic Sp. *04:07:49), the northeast regional -- MR. N'DIAYE: Right. MR. : -- facilities administrator." But point being, it looks like that project had started. Correct? MR. N'DIAYE: It has started, but -- MR. : And I only say that because I wanted to make sure you weren't confused, because you were saying we were • 352 1 looking for funding. 2 MR. N'DIAYE: No. No. I misspoke. What 3 I'm saying is, I meant that the project 4 started, but the cameras hadn't been replaced. 5 Because they were still running wires for the, 6 to get the new s stem started. 7 MR. : Okay. 8 MR. N'DIAYE: So, that unit still had the 9 old cameras. 10 MR. : Right. But then, the 11 camera system was actually onsite, and they 12 were working on it? 13 MR. N'DIAYE: Well, yeah, but they weren't 14 - you didn't have enough staff to install, to, 15 you know, to rewire the whole place, because we 16 had, we wanted to put one, some on the ranges 17 that never had cameras. 18 MR. : Mm-hmm. 19 MR. N'DIAYE: So, it was a tedious 20 project. 21 MR. : I see. 22 MR. N'DIAYE: That required us to TDY 23 staff from other institutions. And then, you 24 know -. 25 MR. Yeah. And were you kept EFTA00064398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 353 apprise of where they were on that? On the camera project. MR. N'DIAYE: I would acquire about it, like, where we were with it. But we were to the point where we were bringing people in from other institutions. To get it done. MR. : Okay. And do you know when the camera system was scheduled to actually be installed, or was it ever scheduled? MR. N'DIAYE: From - and if I remember right - it was a matter of before you even installediiiiiiiiiiad to run the wiring for it. MR. : Right. And that's what - MR. N'DIAYE: (Indiscernible *04:09:13). MR. -- I think was -- MR. N'DIAYE: Right. MR. -- what they were saying in March of 2019. MR. N'DIAYE: But that had -- MR. : That -. MR. N'DIAYE: -- been completed. Because you had to TDY people there. And to get it done. 354 1 MR. And they never provided 2 you with an update as far as, like, when it 3 would actually be completed? 4 MR. N'DIAYE: It was still ongoing. 5 MR. : Okay. 6 MR. N'DIAYE: Now -- 7 MR. : (Indiscernible *04:09:27). 8 MR. N'DIAYE: -- but after I left, they 9 got people in there and completed it. 10 MR. : Yeah. Yeah. Because I 11 think, I think that whole week, they were able 12 to complete the whole thing. Correct? 13 MR. N'DIAYE: I don't know when. 14 MR. : You don't know? 15 MR. N'DIAYE: You know, because they had 16 people come in from different institutions. 17 MR. : Now, is that, did they 18 ever, did the facilities manager, Captain 19 Whomever, ever explain to you how bad the 20 system was, and that it kept on shutting down, 21 and stopping, you know, cameras weren't 22 recording? 23 MR. N'DIAYE: I mean, we would have 24 incidents where, you know, something would 25 happen, and we tried to go back and find the 355 1 tape, and we couldn't. So, and it would break 2 down, they would fix it. So, I mean, we did 3 have issues like that before. But it was the 4 age of the cameras. The -- 5 MR. : Yeah. 6 MR. N'DIAYE: -- you know, we had 7 infrastructure issues. So. 8 MR. Because, yeah, the 9 comtech claims that, you know, like, he had 10 been, I mean, he's a very soft-spoken person, 11 but like, basically, screaming at the top of 12 his lungs as much as a very soft-spoken person 13 can, we need to fix these things, this is a 14 continual problem. 15 MR. N'DIAYE: So, here is what it is. We 16 don't have money readily available at an 17 institution to fix it. That money comes from 18 what we call buildings and funds. 19 MR. : Mm-hmm. 20 MR. N'DIAYE: Which is funded by Congress. 21 So, you would have to talk to somebody in the 22 region about what the regional budget is, but 23 other institutions have issues going on. 24 MR. : But being that -- 25 MR. N'DIAYE: Yeah. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 356 MR. -- we have all these cameras already onsite, and they had already done the wiring for, you know, at least six months prior to this -- MR. N'DIAYE: Well, not all the wiring -- MR. : -- they -. MR. N'DIAYE: -- was done. MR. : Yeah. He just, he didn't say the wiring was done. MR. N'DIAYE: Yeah. MR. : No, no, no. I'm just saying, like, is that, I'm just trying to get a feel for what was the plan here, and who was responsible. MR. N'DIAYE: Well, the plan was to get the manpower to get it installed, but at the time, we only had one person. Which was MR. Mm-hmm. MR. N'DIAYE: So, one person can't -- MR. : Well, and the TDY staff. MR. N'DIAYE: -- right, but even the TDY staff came, they did help. You know, but then, we also had other TDY staff that were coming in for, because of our staffing issues. EFTA00064399 357 358 1 MR. Mm-hmm. 2 MR. N'DIAYE: But -. 3 MR. : Well, that's what 4 told us. That the TDY staff that was assigned 5 for him sometimes were getting put on the 6 custody posts. Do you know if that is accurate 7 or not? 8 MR. N'DIAYE: We might have had to do it a 9 time or two because we wanted to staff. 10 MR. : Okay. 11 MR. N'DIAYE: Yeah. Yeah. 12 MR. : And whose responsibility 13 were the cameras? To make sure that those 14 things were going to be operational and working 15 properly. 16 MR. N'DIAYE: Well, it's not a matter of 17 who was responsible. It's, like, working on 18 getting it installed. 19 MR. : Okay. 20 MR. N'DIAYE: So, there was no deadline as 21 far as, you know, okay, when they had to be up. 22 You know, the lust had to be installed. 23 MR. : Okay. Because we were 24 told the cameras are the captain's baby. Is 25 that accurate? 1 MR. N'DIAYE: No. No. It's not. 2 MR. : Yeah. That -- 3 MR. N'DIAYE: It's not. 4 MR. : -- that can't be true. 5 Captains don't know how to install it. 6 MR. N'DIAYE: Yeah. He doesn't -- 7 MR. Indiscernible *04:12:11). 8 MR. : No, no, no. Not to 9 install them. But to make sure that they are 10 operational, and get the right people to 11 actually get it done. 12 MR. N'DIAYE: Well, I -- 13 MR. : That can't be right, either. 14 MR. N'DIAYE: -- well, I -- 15 MR. : Because how the fuck would you 16 know what -- 17 MR. N'DIAYE: -- right. I -- 18 MR. . Well, because -- 19 MR. -- who the right people is. 20 MR. -- because what we were 21 told is that this was constantly happening, 22 whereas the cameras would stop working. And 23 then, nothing would be recorded. 24 MR. N'DIAYE: So -. 25 MR. The only way you find out 359 1 that that is happening is to physically check 2 the DVR recording to see if there has a light 3 on it, or if you try to attempt to rewind, and 4 you are unable to. 5 MR. N'DIAYE: Mm-hmm. 6 MR. : Because everything is 7 still live monitored feed, showing, so you 8 can't tell just by looking at the cameras. 9 It's only when you try to rewind them, that you 10 can say, oh my gosh, they are not recording. 11 MR. N'DIAYE: Right. But that, it wasn't 12 just as simple as that. I mean, there were 13 technical aspects of it that you had to check 14 to see if the cameras are working or not. 15 MR. : Oh. Absolutely. 16 MR. N'DIAYE: Right. And the captain 17 basically looking to see if, okay, is the 18 screen up? And then, is it recording? But 19 there was some instances where the hard drives 20 weren't working, and you don't know that until 21 you get deep into it, into the system. So, I 22 wouldn't,Iiiiiinow -- 23 MR. : That's -- 24 MR. N'DIAYE: -- put that -. 25 MR. : -- that's what he just 360 1 stated. 2 MR. N'DIAYE: Yeah. 3 MR. : Like, the fact that the only 4 way we would know if the hard drives were not 5 working is by going in -- 6 MR. N'DIAYE: Right. 7 MR. : -- to check the video. And 8 the video, there is no videos that they can 9 pull back. 10 MR. N'DIAYE: Right. 11 MR. : That's when they know the 12 hard drives stopped recording. 13 MR. N'DIAYE: Stopped recording. And 14 then, and look at them. But then, this is, you 15 know, there was other technical aspects of it 16 that, you know -- 17 MR. : I can't imagine that -- 18 MR. N'DIAYE: -- yeah -- 19 MR. : -- the captain would know. I 20 sure as hell wouldn't. 21 MR. N'DIAYE: -- right. 22 MR. : So, I guess, knowing, 23 though, that this was, like, a reoccurring 24 problem, and the fact that, well, what we 25 didn't say is, it seems, it appears that the EFTA00064400 361 1 cameras actually stopped recording all the back 2 in July, and for half of the institution. 3 MR. N'DIAYE: Mm-hmm. 4 MR. : Who should have made sure 5 that that camera system was replaced, and that 6 we had an operational camera system in there? 7 MR. N'DIAYE: Well, the centralized area, 8 and I don't know where the break down was. So, 9 if it's a centralized area, then it would be, 10 you know, within our facility department has 11 access to -- 12 MR. Well, the camera -- 13 MR. N'DIAYE: -- the comm -- 14 MR. : -- you are asking where 15 the cameras are? 16 MR. N'DIAYE: -- no, the comm room. 17 MR. : Yeah. The comm room. 18 Where these recorders were, were all in the SIS 19 secured area. 20 MR. N'DIAYE: Right. The actual cameras. 21 But where - if you go out - where -? And I 22 don't know the word, what's the word? Where 23 your centralized main area is for the whole 24 system. Yeah. That SIS areas has the cameras. 25 But that's fine. 1 2 3 4 5 6 7 8 9 362 MR. Not the control room. But it's back around where, it's a locked door within the SIS locked room, where the actual DVR recording and rack is, and everything. MR. N'DIAYE: Right. MR. Yeah, yeah, yeah. That's MR. N'DIAYE: But -- MR. -- is that what you are 10 talking about? 11 MR. N'DIAYE: -- that, but there is also 12 another, should be another area in the 13 institution, just for the communications. 14 Where everything comes into. So, I don't know 15 if it was back there or whatever, but our 16 facilities department, you know, their 17 communication guys check that, too, if there is 18 something intricate with it. 19 MR. • Now, so, was either Mr. 20 or how do you pronounce his 21 name? 22 MR. N'DIAYE: 23 MR. Was , or Captain 24 were either of them expressing the need 25 to you at all, to, hey, we need to get these 363 1 things fixed? 2 MR. N'DIAYE: I mean, the request had been 3 sent up. 4 MR. Yeah, yeah. No. 5 MR. N'DIAYE: So, yeah. 6 MR. And these were all 7 onsite. 8 MR. N'DIAYE: Right. So, yeah. IU mean, 9 we were giiiiiiiiiigh -- 10 MR. : And again -- 11 MR. N'DIAYE: -- the process of getting 12 the systeiliiiiiiiiunning. 13 MR. : But there was no set 14 schedule for when it was actually going to be 15 completed? 16 MR. N'DIAYE: No. Because we had to TDY 17 people. Sometimes we got them in, sometimes we 18 couldn't get them. And then, towards the end, 19 you know, boil down to money, with getting 20 people in to come fix them. 21 MR. : And when people are TDY, 22 do you - when you say boil down to money - does 23 that come out of -- 24 MR. N'DIAYE: It comes out of our -- 25 MR. -- MCC's pocket? 364 1 MR. N'DIAYE: -- it comes out of our 2 budget. It comes out of budget. It comes out 3 of the region sometimes gives it. Plus, on top 4 of that, we were for TDY to come to our 5 correctioiiiiiiiiiibecause we were so short. 6 MR. : All right. So, what 7 would you say is the main reason, then, that 8 the cameras were onsite, but not installed? 9 Lack of manpower and funding? 10 MR. N'DIAYE: Well, manpower to get it in. 11 And then, it kind of boiled down to funding. 12 You know, to keep TDY people, to get it done. 13 MR. : But do you have money, you can 14 really keep the TDY people. You don't have 15 money -- 16 MR. • Yeah. 17 MR. : -- you can't keep them. You 18 know? 19 MR. But again, there is no, 20 there was no actual set schedule of it will be 21 operational by the end of this calendar year -- 22 MR. N'DIAYE: No. 23 MR. : -- or anything like that? 24 MR. N'DIAYE: No. 25 MR. That wasn't discussed? EFTA00064401 365 1 MR. N'DIAYE: That wasn't discussed. We 2 were trying, you know, doing the best we can 3 with the hand we were dealt. 4 MR. : Okay. And Monday morning 5 quarterbacking that. Should it have been 6 discussed, or planned ahead, that these cameras 7 be installed? 8 MR. N'DIAYE: Would -? I don't understand 9 the question. 10 MR. : Well, being that there 11 is, it seems that there was potentially around 12 two weeks of no cameras, and in the SHU, no 13 cameras. Aside from that one outside of Ten 14 South. 15 MR. N'DIAYE: Right. 16 MR. : That were recording. 17 MR. N'DIAYE: But that wasn't known -- 18 MR. : But it was, according to 19 the, you know, according to the facilities, as 20 well as the comtech, they said it was very well 21 known that this continually happened, and that 22 the comtech guy continually had to rebuild hard 23 drives because they kept on crapping out and 24 not recording. 25 MR. N'DIAYE: I mean, it is an antiquated 366 1 system. 2 MR. : Right, right, right. 3 MR. N'DIAYE: So, when you go down, yeah, 4 obviously, you go fix it. But nobody knew 5 until after the fact that you, you know, that 6 you had a system that was out for two weeks. 7 You know, I mean, you go to any other, any 8 institution, the cameras go down. 9 MR. : Sure, sure. 10 MR. N'DIAYE: And when the system breaks, 11 somebody discovers it, and they fix it. But as 12 far as getting the new system up, we were 13 working on it. 14 MR. : Okay. You want to follow 15 up with aiiiiiithat? 16 MR. : You mentioned no one knew. 17 But the problem was, according to the comtech, 18 the system failed, the motherboard had to be 19 replaced on the 29th -- 20 MR. N'DIAYE: Mm-hmm. 21 MR. : -- they had a failure. 22 MR. N'DIAYE: Right. 23 MR. : And then, of course, no one 24 checked it until the 8th. 25 MR. N'DIAYE: Mm-hmm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 367 MR. : August 8th. When the AW and the Lieutenant Doctor went in and they tried to MR. N'DIAYE: Right. MR. N'DIAYE: -- review video. Now, being that they identified the system wasn't working that day -- MR. N'DIAYE: Mm-hmm. MR. : -- how soon should it have been fixed? MR. N'DIAYE: What do you mean? When they MR. : On the 8th. MR. N'DIAYE: Right. MR. : This is two days before that Epstein was found. If they identified on the 8th that, hey, listen, the camera is not working. It's technically not recording. How much of a priority is it to make sure that those cameras are up and running immediately? MR. N'DIAYE: It's a priority. So, what happens is, and we have run into this before, the parts. Sometimes the parts weren't readily available. So, you have to go somewhere and call for the parts, and depending on where it 368 1 is at, it could be in California, or whatever. 2 So, you got to see how long it takes to get 3 that part. 4 MR. : Yeah. MR. N'DIAYE: Over to repair. 6 MR. : And the key part for my 7 heating system -- 8 MR. N'DIAYE: Yeah. 9 MR. : -- is in fucking Belarus. 10 MR. N'DIAYE: Right. 11 MR. : My understanding is they, it 12 was the hard drive that they needed. Right? 13 And the hard drive was sitting with the 14 computer services. 15 MR. : Yeah. On the 8th. They 16 weren't able to get it. 17 MR. N'DIAYE: I don't know. 18 MR. ..eah. 19 MR. : And on the 9th, they got 20 it. But then, he claims that he wasn't able to 21 gain access to the room because it was an SIS 22 shop, and he needed to go until later in the 23 day, and they were gone. 24 MR. N'DIAYE: I mean -- 25 MR. And on the 10th -. EFTA00064402 369 1 MR. N'DIAYE: -- we have an emergency keys 2 to get into any area of the institution. So, 3 if he is saying he couldn't get in to the SIS 4 office -- 5 MR. : Mm-hmm. 6 MR. N'DIAYE: -- you got the captain, you 7 know, we got the techs that work in there. 8 We've got their glass is behind - what we call 9 in control center - behind a box. You know, we 10 can get that box o en. 11 MR. : So, he said that the only 12 way to be able to get into it is if he broke 13 the glass -- 14 MR. N'DIAYE: He can break the glass. 15 MR. : mm-hmm. It's okay 16 that he would have done that? And then, should 17 have he? 18 MR. N'DIAYE: Yeah. If you couldn't 19 reach, you could just -. Well, he should have 20 gone to the captain or somebody and said, hey, 21 captain, I need to get into your SIS office. 22 MR. : Do you think it's at all 23 acceptable, if knew on August 8th that these 24 cameras were down, and he didn't actually start 25 working on it, or at least, I guess he was 370 1 working on getting the parts, but then got the 2 parts again on the, some time on the 9th, 3 claims he didn't work on it because he couldn't 4 get into it, into the SIS office. So, he was 5 going to work on it on the 10th, on that 6 Saturday. 7 MR. N'DIAYE: So, the question -- 8 MR. : -- and what is your -? 9 MR. N'DIAYE: -- the question I would pose 10 to you is, did he notify anybody that he 11 couldn't get in there? Did he make any attempt 12 to contact the captain, or anybody to say, hey, 13 I need to get into that office to get a part to 14 do it, because if he had told the captain that, 15 the captain would have got that office open for 16 him. 17 MR. : Yeah. I agree with you. 18 It's a he says that the MCC was a different -. 19 So, at any other BOP institution, in the 20 country, that would have happened with, his 21 experience taught him that, at the MCC, 22 basically it could wait until tomorrow. 23 MR. : They wait until tomorrow. 24 MR. N'DIAYE: So, that's his opinion. But 25 again, I'm going to pose a question. Who did 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 371 he bring up the issue to? Because my thing is, if you know it's an emergency, and it's a situation to is the MCC, is a cop-out. MR. : And is it, would that be classified as an emergency? MR. N'DIAYE: If the cameras are down, yeah. MR. That is an emergency. So MR. N'DIAYE: Let's get them back. MR. -- he should have absolutely gotten into that room -- MR. N'DIAYE: He should have gotten -- MR. -- one way or another? MR. N'DIAYE: -- in there, and he knows he could have gotten into the room, because you can, we can break - if he said that stuff was sitting in there, whatever room he said it in there, guess what? You can break glass. You can break glass after hours, if you need to, and it's to get in, into an area. MR. : So, his claim is that, he has rebuilt these things so many times. And every knew that these cameras needed to be reinstalled, and he had been saying that they 372 1 needed to be reinstalled. And now he's being 2 looked at as the fall guy. 3 MR. : You know, it sounds like he 4 could, you know -. 5 MR. N'DIAYE: I don't -. This is not an 6 issue of bei n the fall guy. 7 MR. : Right. 8 MR. N'DIAYE: So, let's take every issue 9 we just talked about. We talked about the 10 camera project that we were working on. 11 MR. : Mm-hmm. 12 MR. N'DIAYE: We were getting the people 13 in there to working. So now, let's talk about 14 the specific issue that you were talking about. 15 He did not notify anybody to get into that 16 room, to get to that part. That part was to 17 fix the current system. It had nothing to do 18 with the new system coming in. This is, he is 19 saying that this was a part that we needed to 20 fix, get put in, to deal with the current 21 system . 22 MR. : Now, what about the fact 23 that Lieutenant is saying both she and 24 the AW knew that the cameras were down on 25 August 8th. They told to fix them. And EFTA00064403 373 1 they also notified Lieutenant so that 2 she not only notified the captain, but wrote a 3 memo and provided it to him about the cameras 4 being down on the 8th. 5 MR. N'DIAYE: Right. 6 MR. : So, at that point, what 7 are the responsibility of the captain and the 8 AW? 9 MR. N'DIAYE: So, what th2ilptain does is 10 he notifies facilities where works for, 11 and says, hey, the cameras are broken, you need 12 to fix them. 13 MR. : So, should the captain 14 have, on the 9th, ensured that those things 15 were fixed? 16 MR. N'DIAYE: Well, I don't know what 17 conversation he had with facilities to say we 18 are getting, you know, was it being fixed or 19 not. 20 MR. : Well, do you know 21 (Indiscernible *04:23:25). If he knows to tell 22 somebody on the 9th, is it possible to fix it 23 on the 9th? 24 MR. : Well, the 9th is a 25 Friday. So, the 8th is when we are told that 374 1 he was told, informed, learned. 2 MR. N'DIAYE: Right. 3 MR. : So, we have all Friday on 4 the 9th to make sure it's done. 5 MR. N'DIAYE: Right. 6 MR. : On the 10th, 7 unfortunately, is when -- 8 MR. N'DIAYE: But -- 9 MR. -- we know the severity 10 of the issue. 11 MR. N'DIAYE: -- but that's my point. You 12 knew that, okay, you were made aware that the 13 cameras needed to be fixed. Okay. So, your 14 answers, what you are saying is, I couldn't get 15 into a certain area, so -- 16 MR. : Well, that's what 17 is saying. Yeah. 18 MR. N'DIAYE: -- but that, okay, but -- 19 MR. : But my question is, 20 should the AW or the captain have followed up 21 with that, to make sure that it was actually 22 being done. 23 MR. N'DIAYE: And to them, I don't, you 24 know, I don't want to make the assumption 25 because I don't know. There could have been 375 1 some follow up. I don't want to speak on it, 2 but you know, if he had told him something on 3 the 8th, you know, I don't know the 4 conversations that were taking place between 5 them. Like, where is that, and what is he 6 saying? Right now, I'm responding to what he 7 is sayingsalit_Takes no sense. 8 MR. IIIIIIIIII: Yeah. No. I would just 9 think that, you know, being a captain or an AW 10 would be -- 11 MR. N'DIAYE: Right. 12 MR. : -- whoa. The cameras are 13 down in the institution? 14 MR. N'DIAYE: Right. 15 MR. : Well, let's make sure 16 that those things are back up -- 17 MR. N'DIAYE: So, and -- 18 MR. : -- so they would at least 19 check back in on the 9th, and say -- 20 MR. N'DIAYE: -- and then -- 21 MR. : -- where are we at on 22 this thing? 23 MR. N'DIAYE: -- but then, I don't know, 24 you know, what that conversation was. I don't 25 know if, on the 9th, even came to work. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 376 MR. . Right. MR. N'DIAYE: I don't know. He could have said -- MR. : Well, we do -- MR. N'DIAYE: -- oh, well, I'm not going MR. -- we know. But yeah. MR. N'DIAYE: -- huh? MR. And we know. MR. N'DIAYE: Right. MR. Yeah. MR. N'DIAYE: So, I don't know. I don't want to that part. MR. : Yeah, yeah, no. That's what we are trying to tell you. Is, like -- MR. N'DIAYE: Right. MR. : -- we know he was there. MR. N'DIAYE: Right. MR. : On the 8th, he couldn't get the parts. On the 9th, he got the parts. But then, he said, he tried to get into the SIS office. He was told by the - it wasn't an SIS tech, because there were only two people there. It was so, that -- MR. : Monitored. EFTA00064404 377 378 1 MR. -- monitored the 2 telephones. I think he's now retired. IIII 3 MR. N'DIAYE: Yeah. 4 MR. : Was there. And he said, 5 I'm getting ready to leave, and he can't come 6 in here without me. And then, he said, I 7 didn't have access to the room after that. So, 8 my plan was to come in on the 10th, the 9 Saturday, because I was coming in anyway. And 10 that's what I was going to work on. 11 MR. N'DIAYE: He's the com shop. He can 12 go anywheitid2/2there are computers. 13 MR. IIIIIIIIII: So, that is not an 14 acceptable answer that he provided? 15 MR. N'DIAYE: I don't understand that 16 answer. 17 MR. Okay. 18 MR. N'DIAYE: It's because that room is 19 not in where the SIS shop is. That's the phone 20 monitor room. That's the camera room. 21 MR. : And the key for the camera 22 room is how, I think it's only the SIS 23 lieutenant, and the SIA that has the keys for 24 it. 25 MR. That's what the SIS 1 office said -- 2 MR. N'DIAYE: So, the -- 3 MR. : -- they said that -. 4 MR. N'DIAYE: -- the phone monitor is, 5 he's in the SIS, but he draws keys to get into 6 that room. So, that room is all -. And you 7 can draw ke s to et into that room. 8 MR. : Yeah. 9 MR. : When you saw draw keys, what 10 do you mean? 11 MR. N'DIAYE: Well, you get them from 12 control center. 13 MR. ..kay. 14 MR. : Yeah. 15 MR. N'DIAYE: You know? 16 MR. : Well, we were told by 17 Lieutenant the only way he could have 18 gotten them is to break the glass, which he 19 could have done. But -. 20 MR. N'DIAYE: You could have broken the 21 glass. And that time of time it was 8:00. The 22 captain is there. The security officer who 23 controls all the keys in the institution is 24 there. 25 MR. Right. 379 1 MR. N'DIAYE: You can go to them and say, 2 hey, I need -- 3 MR. MThe key. 4 MR. : Now -- 5 MR. N'DIAYE: -- I need the key. 6 MR. : -- now, did either the 7 captain or the AW inform you of this issue? 8 MR. N'DIAYE: No. I don't -- 9 MR. : So, you didn't know -- 10 MR. N'DIAYE: -- I don't -- 11 MR. : -- anything about this? 12 MR. N'DIAYE: -- recall anything about 13 that issue. 14 MR. : Should have they? 15 MR. N'DIAYE: So, if -- 16 MR. : If it was a Thursday, 17 they found out, and it was all -. You weren't 18 there for that. 19 MR. N'DIAYE: I weren't there on Friday. 20 MR. Okay. 21 MR. N'DIAYE: I wasn't there on Friday. 22 MR. You weren't even -- 23 MR. N'DIAYE: Yeah. 24 MR. -- there on Friday. 25 MR. N'DIAYE: So, you know -. 1 MR. And who 2 you remind me, who was acting 3 Friday? 4 MR. N'DIAYE: I believe it was 5 , I think. 6 MR. Okay. 7 MR. N'DIAYE: So. 8 MR. : Now -- 9 MR. Okay. 10 MR. N'DIAYE: Yeah. 11 MR. So, you weren't even 12 there. 13 MR. N'DIAYE: Yeah. 15 Captain illilli: Our understanding is, I think was in the institution, too, 14 MR. 16 about 8:00 p.m. 17 MR. N'DIAYE: Mm-hmm. 19 MR. the 9th. 18 MR. : On the 9th. 20 MR. N'DIAYE: Right. 21 MR. : So -- 22 MR. On Fri' 23 MR. -- could have been to 24 any time during that period? 25 MR. N'DIAYE: He could have seen him. I 380 - I'm sorry - can in your stead on EFTA00064405 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 381 mean, just, you can't -. If it's an emergency to get something for, I don't understand. That is not -. MR. : No. That's great to know. MR. N'DIAYE: Yeah. MR. : About this. So, you say that's not acceptable. MR. N'DIAYE: No. You can, you can get in there. Sli_i_don't know -. MR. 'I'll': Well, one of the things is, is in prisoniiiiiiiiiii a camera. Yeah. MR. : Right. Especially in the SHU. MR. : Right. Especially in the SHU. MR. : Now, who was responsible to have the new camera system installed? MR. N'DIAYE: What do you mean as far as responsible? MR. : Like, who had overall oversight on that? MR. N'DIAYE: The facilities manager. MR. : Mr. MR. N'DIAYE: Mr. . Yeah. So, he - 382 1 MR. : All right. 2 MR. N'DIAYE: -- gets the people in there, 3 but we're allocating things. But again, I want 4 to say, tiiiiiiiiliou know, with manpower. 5 MR. : Okay. Now, you've pretty 6 much answered this, and you can say it's the 7 same answer, but I just want to read you the 8 question. What are your thoughts on the fact 9 that the new camera system was there since 10 October 2018, but it wasn't installed after the 11 Epstein incident that occurred on August 10th, 12 2019? 13 MR. N'DIAYE: It's the manpower. 14 MR. : Manpower. 15 MR. N'DIAYE: Yeah. You know, getting 16 people, qualified people in there to do it. I 17 mean, one person couldn't do that. It was, and 18 we were putting in new cameras in new areas. 19 So, he needed more people. One person couldn't 20 do it. 21 MR. : Okay. Do you mind just 22 initialing? And don't have to go through this, 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 383 issues? MR. No. I think the -. We have one more issue, and then just a couple of questions based upon the BOP's findings. It does say that there's leaks information. Where are those emails? MR. : It was in -. Did we mix that up? MR. two emails that were sent both from One to you, and one to (Phonetic Sp. *04:29:13). MR. N'DIAYE: Yeah. He was the acting director at the time. MR. : Director of the BOP? MR. N'DIAYE: Yeah. MR. : Okay. So, the first one was on August 10th, 2019, at 6:14 p.m. to you. And the subject is, "Urgent request. Potential leak in hospital regarding Epstein's death." MR. N'DIAYE: Mm-hmm. MR. It looks like -- MR. You mean -- MR. • -- where is the -- MR. -- media leak? Here it is. So, here is 1 2 "Please ensure this information is given to the 3 OIG FBI. Thanks." 4 MR. N'DIAYE: Mm-hmm. 5 MR. : And then, this next one, 6 like you said, is from to the director. 7 Subject, "Prison guards skip mandatory checks 8 before Epstein's death." This, the body says, 9 "Couldn't see the entire article on my phone, 10 but I wouldn't be surprised there are staff 11 that are paid contacts for local media outlets. 12 This has also been discussed at the department 13 level, all the way to the White House. And who 14 knows who may have overheard those 15 discussions." 16 MR. N'DIAYE: Mm-hmm. 17 MR. : Do you know anything 18 about leaks in the media from the MCC? 19 MR. N'DIAYE: So, what happened was, when 20 (Phonetic Sp. *04:30:17) came to see me, 21 the issue we had was - and I told him about it 22 - was there was a article in the Post that took 23 a picture of our staff, and our staff rode with 24 Epstein on it. So, I told about it, and 25 I guess they said one of the paramedics had just the top is fine. Anything more on the camera issue? MR. : Oh, Christ. You got more 384 MR. -- yeah. It says, EFTA00064406 385 386 1 leaked the information. 2 MR. : Like, took a picture of 3 them, like -- 4 MR. N'DIAYE: Took a picture -- 5 MR. : -- posing with him? 6 MR. N'DIAYE: -- took a picture of them 7 coming in the room, when they got to the 8 emergency room. Took a picture of Epstein 9 being rolled in. And our - what do you call 10 it? - and our staff. So, I talked to 11 about that, and then, I had also told him that, 12 you know, there might be some staff, you know, 13 because, and I didn't know where it was coming 14 from, because the information was just coming 15 out, you know, so quickly, and it was, like, 16 where is this, you know, cooing from? So, I 17 called and made him aware, you know, told him 18 about it when he came on Sunday. But the main 19 one was because of the picture in the Post. 20 MR. : Now, who is it that you 21 suspect would have been leaking information to 22 him? 23 MR. N'DIAYE: I couldn't, I couldn't even 24 tell. But I just was, you know, with this 25 whole thing. You know, stuff would leak, had 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been leaked out to the media, and you are, like, where is this coming from? MR. : Do you have any suspicions, though? MR. N'DIAYE: I can't speculate. I mean MR. : That's my boy. I mean, I don't know nothing. MR. N'DIAYE: (Indiscernible *04:31:48). MR. : You're talking like an attorney. MR. N'DIAYE: No, I mean -- MR. : But like that, I don't know nothing, but what I do know, I don't know. MR. N'DIAYE: I mean, I can't speculate. I mean, the half of it was towards me. I mean, so MR. Did you leak the information, you mean? MR. N'DIAYE: No. I said it was towards me. MR. Oh, you mean the information -- MR. N'DIAYE: Like, the negative press -- MR. -- and the negative to 387 1 you? 2 MR. N'DIAYE: -- yeah. It reverted back 3 to me. 4 MR. Uh-huh. 5 MR. N'DIAYE: So, I mean, that's, you 6 know, and it was .ust, it was fast and furious. 7 MR. : So, like, negative things 8 to people, you believe someone in the BOP was 9 leaking negative information about you? 10 MR. N'DIAYE: I don't -. I mean, I, you 11 know -- 12 MR. : Can you give me, like, an 13 example of what was leaked about you? 14 MR. N'DIAYE: Well, I mean, you know, 15 stuff thaLti2ppened, you know -- 16 MR. IIIII: Listen, the -- 17 MR. N'DIAYE: -- and I'm not saying -- 18 MR. : -- (Indiscernible *04:32:26) 19 investigation was going on. 20 MR. N'DIAYE: -- specifically -- 21 MR. : I mean, you know -- 22 MR. N'DIAYE: -- specifically -- 23 MR. : -- whose fault is it? 24 MR. N'DIAYE: -- right. Towards me. But 25 it was just automatically the blame was, you 388 1 know, put on me. 2 MR. Mm-hmm. 3 MR. N'DIAYE: And then, you know, the 4 other part of it was, I don't know if it came 5 from the department. I don't know if it came 6 from the institution. 7 MR. : Okay. 8 MR. N'DIAYE: Because all that information 9 was goingiiiiiiiiii -- 10 MR. : But did anybody -- 11 MR. N'DIAYE: -- up on different levels. 12 MR. : -- did anyone tell you 13 that they believed that a certain person was 14 leaking information? 15 MR. N'DIAYE: No. I didn't hear if it was 16 a certainiiiiiiiiIII didn't, you know? 17 MR. : Okay. And did you leak 18 any information to the media? 19 MR. N'DIAYE: Absolutely not. 20 MR. : Okay. Do you mind just 21 initialing and dating that? Do you believe, 22 though, somebody in the BOP was leaking 23 information? 24 MR. N'DIAYE: And I'm not -- 25 MR. And I don't mean that EFTA00064407 389 1 personally. I just mean -- 2 MR. N'DIAYE: no. But -- 3 MR. -- you know, you could 4 always get -- 5 MR. N'DIAYE: - I don't -- 6 MR. -- the second one under 7 there. 8 MR. N'DIAYE: -- it could have been up to 9 the department, because the information was 10 going up to them. I mean -- 11 MR. : But I just mean, like, 12 based upon what information was being leaked, 13 do you believe that someone in the BOP - not 14 necessarily the MCC, I just mean BOP - was 15 leaking the information? 16 MR. N'DIAYE: I will put it this way. The 17 Department of Justice might -- 18 MR. Yeah. 19 MR. N'DIAYE: because all the 20 information -- 21 MR. Because it could be -- 22 MR. N'DIAYE: -- was -. Yeah. 23 MR. OIG. FBI. 24 MR. Initial. 25 MR. Anybody. 390 1 MR. N'DIAYE: It could have been anybody. 2 So, I don't want to -- 3 MR. : Gotcha. 4 MR. N'DIAYE: -- kind of put it 5 MR. : Sure. 6 MR. N'DIAYE: -- on one person. 7 MR. : All right. The last 8 actual topic, before we ask a couple about the, 9 a couple about the findings. Epstein's will. 10 MR. N'DIAYE: Mm-hmm. 11 MR. : Do you know anything 12 about Epstein changing his will just prior to 13 his death? 14 MR. N'DIAYE: Mo. 15 MR. : Had you ever heard that? 16 MR. N'DIAYE: After the fact. 17 MR. : Right. And when you say 18 after the fact, how did you learn about it 19 after the fact? 20 MR. N'DIAYE: I don't know. Reading it. 21 Or hearing_ji_sELIte news. 22 MR. IIIIIIIIII: Did you ever hear about 23 it in an official capacity? 24 MR. N'DIAYE: No. 25 MR. All right. Do you know 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if it's true? MR. N'DIAYE: Don't know. MR. : Okay. MR. He left this all to his brother. MR. MR. MR. -- I can't comment on that kind of stuff. But what actions should have been taken, or you don't know if it was. If it was learned that Epstein's will had been changed just prior to his death, do you believe any specific actions should have been taken? MR. N'DIAYE: I don't know anything. I mean, I can't comment on that. MR. : Okay. So, that's the last of the topics. Now, we have - (Indiscernible *04:34:38) refer to it - I don't think we have to refer to anything other than the - where is that? MR. Millie after action? MR. : Yeah. Do you have it? And I don't know what we actually need to cite (Indiscernible *04:34:53) initial them. This is the after action report. Is that -? That I -- Is that true? 391 392 1 the BOP created in response. So, just a few 2 quick questions on it. It says, "On August 3 1st, 2019, at 8:30 a.m., psychology documented 4 they were notified by correctional systems of a 5 form received from the United States Marshal 6 Service, the previous day, stating inmate 7 Epstein had reported suicidal tendencies." 8 MR. N'DIAYE: Mm-hmm. 9 MR. : Do you know anything 10 about that, and what transpired? 11 MR. N'DIAYE: Wait. Read that again. 12 MR. : So, "On August." So, 13 just to refresh your memory of a time, 14 timeline. On July 30th, he comes off of 15 psychological -- 16 MR. N'DIAYE: Psychological observation. 17 MR. : -- observation. 18 MR. N'DIAYE: Right. 19 MR. : And goes to the SHU. 20 "Two days later" - so, there's July 31st and 21 August 1st - "8:30 a.m., psychology documented 22 they were notified by correctional systems of a 23 form received from the United States Marshal 24 Service, the previous day." So, I guess on 25 July 30th. EFTA00064408 393 394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: Mm-hmm. MR. : The 31st, I mean. "Stating inmate Epstein had reported suicidal tendencies." This was the BOP's finding. Do you know anything about that? MR. N'DIAYE: I don't know anything about that. And that's before, when he first came in the systeg or s_2f_:?__ MR. IIIIIIIIII: No. That was after he came off of psychological observation. So, after his actual first attempt at suicide. MR. N'DIAYE: Right. MR. : Or potential harm from MR. N'DIAYE: MR. about that? MR. N'DIAYE: Nuh-uh. No. I didn't. You don't know anything MR. : Okay. And do you know anything about the suicidal tendencies that he was showing? MR. N'DIAYE: No. MR. : No. All right. And then, on the same date, Au ust 1st 2019, again, this is after the incident. 1 MR. N'DIAYE: Mm-hmm. 2 MR. : And after coming off of 3 psychological observation. "1:00 p.m. 4 Psychology conducts a suicide risk assessment 5 noting watch is not indicated, with a 6 recommendation for follow up in one week. The 7 delay in conducting this assessment is not 8 justified in the report." Did you learn 9 anything about that? 10 MR. N'DIAYE: No. I don't. 11 MR. : Yeah, yeah. 12 MR. N'DIAYE: I -- 13 MR. : And again -- 14 MR. N'DIAYE: -- it's psychological. 15 MR. -- this is just some of 16 the 17 MR. : Yeah. 18 MR. . -- the negative findings. 19 MR. N'DIAYE: Okay. 20 MR. We just want to know your 21 take on it. I don't expect you to know any, 22 all of this, or anything. 23 MR. N'DIAYE: Right. 24 MR. : It's just asking because 25 there's some negative findings. Okay. The 395 1 next one. It says, "Significant -- 2 MR. : Don't bring this guy in on 3 another case. All right? If the next time 4 this comes up, and he says, I'm going to bring 5 this guy, don't fucking do it. 6 MR. : It says, "Significant 7 discrepancies exist within Sentry, regarding 8 admission/release status, ARS." 9 MR. N'DIAYE: Right. 10 MR. : Sentry does not reflect 11 inmate Epstein being escorted from the 12 institution by the U.S. Marshal Service on Julyl 13 31st, 2019. Although a signed prisoner remand 14 form is on file, documenting -- 15 MR. N'DIAYE: Mm-hmm. 16 MR. : having received him 17 from the U.S. Marshal Service. Additional 18 review revealed inmate Epstein departed the 19 institution for a total of four court 20 appearances, and only one of these occasions 21 was an ARS change made within Sentry. It 22 appears there is a culture of foregoing this 23 vital function, due to the likelihood of the 24 inmate returning from court. This lapse in 25 procedure is a severe inmate accountability 396 1 deficiency." 2 MR. N'DIAYE: Well, that statement is 3 incorrect. I know the regional office looked 4 into it and said that a pre-trial institution 5 can outcount an inmate to go into court. So, 6 he doesn't have to be keyed out on the ARS. 7 MR. : Okay. 8 MR. N'DIAYE: So, the way they were doing 9 it, they looked at it after the fact, and said 10 there wasiiiiiiiiiirong with that. 11 MR. : So, they did re-review 12 this matter, and -- 13 MR. N'DIAYE: Yes. 14 MR. : -- said that there was -- 15 MR. N'DIAYE: They were fine -- 16 MR. : -- they were doing it -- 17 MR. N'DIAYE: -- with it. 18 MR. : Okay. 19 MR. N'DIAYE: Yeah. Because they kept 20 thinking, when they were looking out, same 21 thing like you said, he was going out to court, 22 but they can outcount him in that area. 23 MR. : All right. And what are 24 they talking about, like, pre-removing him or 25 something like that, when he goes to court? EFTA00064409 397 398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: No. Going to court. MR. : Yeah, yeah. MR. N'DIAYE: And if anyone is going to court, because you have so much court movement that you can outcount them. And then, when the Marshals say, hey, he's not going out, then you release him out of -- MR. : So, this is -- MR. : Okay. MR. : -- this means, on the El, he would be listed on the outcount? MR. N'DIAYE: As court. MR. : As court. MR. N'DIAYE: Yeah. MR. : Okay. MR. And that's what they were actually doing? MR. N'DIAYE: That's what they were doing. MR. Okay. MR. N'DIAYE: They had him on the El. MR. So -- MR. N'DIAYE: Yeah. MR. -- so, this is no longer MR. N'DIAYE: That's not -- 1 MR. -- an issue. 2 MR. N'DIAYE: -- an issue. 3 MR. : All right. The next one, 4 it says, "No notations concerning a requirement 5 for a cellmate were entered into the SHU 6 program, and subsequently available for SHU 7 officers to reference." Who would have been 8 responsible for noting that in the SHU program? 9 MR. N'DIAYE: So -. 10 MR. First of all, what is the 11 SHU program? 12 MR. N'DIAYE: The SHU program is -- 13 MR. : Is that the 292? 14 MR. N'DIAYE: -- with the 292s. So, I 15 don't know, from what I understand, and was 16 told after the fact, that they couldn't find 17 the information on Epstein in the SHU program. 18 So, I don't know how you came to that 19 conclusion. 20 MR. : By the way, let the record 21 indicate that he is not sweating under his 22 armpits. ',sign. 23 MR. : We didn't. BOP came to 24 these conclusions. 25 MR. N'DIAYE: Right. So, I don't know 399 1 where that conclusion came from because from 2 what I gather, they couldn't get - they 3 couldn't find the -. Because usually -- 4 MR. : Well, they found the 5 292s, but they were just very limited. 6 MR. N'DIAYE: Right. The 292s usually had 7 to have eiiiiiiiiiiindicated on it. So -. 8 MR. : And on that note, we were 9 told the 292, his file, was extremely small, 10 and it should have been larger. Had you heard 11 anything about people removing documents from 12 files? 13 MR. N'DIAYE: From what I understand, and 14 was told, that there was no file. They 15 couldn't -. They had every other inmates file, 16 but not his. 17 MR. : They couldn't even find 18 it. You didn't think they could find his file 19 at all? 20 MR. N'DIAYE: No. That's what was told to 21 me. 22 MR. And who told you that? 23 MR. N'DIAYE: I think I heard that after 24 the fact. I don't know if the regional 25 director told me after they came in and did the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 400 check, that they couldn't find it. So, I don't know. MR. : That's after they found out the MR. N'DIAYE: Yeah. MR. : -- came down and had them (Indiscernible *04:40:44) a certain (Indiscernible *04:40:45). MR. N'DIAYE: Right. MR. : But back to the original question, whether it was there or not. MR. N'DIAYE: Right. MR. : If it, the cellmate requirement was not entered in the SHU program, who should have made sure that it was? MR. N'DIAYE: On the, in the 292? And I don't know who was doing it. It should have been the lieutenant, to ensuring that it's all in there. MR. : So, the SHU lieutenant? MR. N'DIAYE: When they - yeah - when they deny it, or the OIC. So, if the captain conveyed the information to him, that should have beenliiiiiiiiie 292. MR. : So, either -- EFTA00064410 401 1 MR. N'DIAYE: By the lieutenant. 2 MR. : -- the SHU lieutenant or 3 the OIC. 4 MR. N'DIAYE: Yeah. 5 MR. : Now, when you say the 6 OIC, does one OIC of one shift take more 7 responsibility than another? 8 MR. N'DIAYE: No. They are all on the 9 same shift. So, it would depend on -- 10 MR. So, like, for instance, 11 was the OIC on the day watch, but -- 12 MR. N'DIAYE: Mm-hmm. 13 MR. : I think was the 14 OIC on the night watch. 15 MR. N'DIAYE: Right. 16 MR. : So, would one of them had 17 more of a responsibility to do this than 18 another? 19 MR. N'DIAYE: No. But that should have 20 been done on the initial, when the directive 21 was put out. 22 MR. : So, from Doctor, or Ms. 23 saying that here's coming off of 24 psychological observation, he needs to be 25 housed with a cellmate -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 402 MR. N'DIAYE: Right. That would have been MR. -- on July 30th. MR. N'DIAYE: -- put out, and then, when - MR. So, who, at that time, should have noted that in his file? MR. N'DIAYE: Well, you would probably have to find out from the captain who he directed to -- MR. : Well, the captain -- MR. N'DIAYE: -- to doing that. MR. : -- according to his, you know, his memo that he sent to you -- MR. N'DIAYE: Mm-hmm. MR. : -- it says that he specifically had these conversations on multiple occasions, with -- MR. N'DIAYE: The SHU -- MR. : -- Lieutenant IIII. MR. N'DIAYE: -- right. So, it would have been the SHU lieutenant. Whichever one he had. If El was the one, then IIII would have been the one. But -- MR. Okay. "August 9th, 2019. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 403 8:00 a.m. Inmate the cellmate, departs for court." MR. N'DIAYE: Right. MR. : Again, this claims court, but if they are seeing WAB. Actually, you know what? I heard WAB was specific to MCC. Is that correct? MR. N'DIAYE: Other institutions will tell you pack up your inmates with all belongings That's, you know -- MR. : Because even -- MR. N'DIAYE: -- what it is. MR. : -- on their findings, they are showing that he departed for court. MR. N'DIAYE: Yeah. MR. : Although, all the documentation we showed says WAB. MR. N'DIAYE: WAB. MR. : And transferred. MR. N'DIAYE: Yeah. And it says -- MR. : So, even on here, they are getting this wrong? MR. N'DIAYE: And that's what the whole confusion is, is the assumption that he was going to court -- 1 MR. 2 MR. 3 document 4 MR. 5 MR. 6 MR. 7 says, "Inmate 8 institution." 404 Because then it says -- N'DIAYE: -- when you look at the N'DIAYE: -- go ahead. : -- yeah, and then, it does not return to the 9 MR. N'DIAYE: Right. 10 MR. : So, and this was when a 11 lot of things, when we were first starting this 12 investigation, we heard was court, court, 13 didn't return from court. 14 MR. N'DIAYE: Right. 15 MR. : And then, when we 16 actually looked through the record, we were, 17 like -- 18 MR. N'DIAYE: Right. 19 MR. : -- court. It's -. 20 MR. N'DIAYE: I think people thought, 21 without looking at the documentation, that he 22 went to ciiiiiiiiliot released from court. 23 MR. : Okay. 24 MR. N'DIAYE: So. 25 MR. So then, I'm just going EFTA00064411 405 1 to read the question. If the documents list 2 as being WAR, and if they had the 3 transfer list, why did they say he went to 4 court and did not return? 5 MR. N'DIAYE: I can't answer that. 6 MR. : Okay. "7:00 p.m. 7 Epstein was provided a social call by the 8 institutional duty officer." Does that mean 9 IIIIIII? 10 MR. N'DIAYE: Yeah. He was the duty 11 officer at that time, I believe. 12 MR. : And what does the 13 institutional duty officer mean? 14 MR. N'DIAYE: So, what the duty officer 15 is, is after hours, they walk around and, you 16 know, repiiiiiiiiiiincies, you know -. 17 MR. : Is that, like, the 18 highest ranking official there? 19 MR. N'DIAYE: That comes on at night. You 20 know, there with the lieutenants. But they 21 just make sure that if we had any issues, you 22 know, addressing inmate issues, stuff like 23 that. 24 MR. : So, they are kind of, 25 like, the, basically the 0IC for the 406 1 institution? 2 MR. N'DIAYE: Kind of. I wouldn't say the 3 OIC, but ou know senior staff around. 4 MR. : Okay. "This call was 5 done on an unmonitored line. It is extremely 6 concerning why this call would have been 7 placed, and why it would be done on an 8 unmonitored line. Without further interviews, 9 it is not possible to determine the reason for 10 this call." lust, why does it say, "extremely 11 concerning"? 12 MR. N'DIAYE: 13 report -- 14 MR. : But I mean, do you also 15 find it extremely concerning? Would you 16 classify it as extremely concerning? 17 MR. N'DIAYE: I mean, it would be -. I 18 mean, that the choice of words that they use. 19 So, I wouldn't, you know, necessarily say, use 20 the word extremely concerning. But I would 21 think, I would -- 22 MR. : It's certainly wrong. 23 MR. N'DIAYE: -- it would be -- 24 MR. : But -. 25 MR. N'DIAYE: -- it was an issue. But I don't know. Both are 407 1 extremely concerning. 2 MR. : Okay. "On August 9th, 3 2019, during a shift change in SHU, the SHU 4 number three, 6:00 a.m. to 2:00 p.m., officer 5 briefed his 2:00 p.m. to 10:00 relief, and the 6 other two, 8:00 a.m. to 4:00 m. officers, 7 with the likelihood inmate IIIII would not be 8 returning, and inmate Epstein would require a 9 cellmate upon return from an attorney visit. 10 Inmate Epstein was not placed with a cellmate 11 upon his return to SHU." My question to you 12 is, just, how did they know this information? 13 How would they have obtained that information? 14 Do you know? 15 MR. N'DIAYE: I don't know. Like I said, 16 I don't know who they spoke to during this 17 after action. 18 MR. : Were they doing 19 interviews, though? 20 MR. N'DIAYE: I wasn't there. 21 MR. : Okay. 22 MR. N'DIAYE: Yeah. 23 MR. : Were they authorized, 24 though, if OIG and FBI are doing an 25 investigation, is the after action team 408 1 authorized to come in and interview people? 2 MR. N'DIAYE: So, I've done after actions. 3 And there is a point where you come to it, 4 where you, if it's an OIG or FBI investigation, 5 that I can't. I mean, I can't question certain 6 people because it might impede an 7 investigation. Like, if you are going to look 8 at video and all that stuff, or look at it, you 9 can't because most of the time, it's been 10 taken. know -. 11 MR. IIIIIIIIII: So, possibly from that 12 memo, though, that was created? If they are 13 not really supposed to be doing. I mean, I'm 14 assuming they are not really supposed to be 15 doing interviews. 16 MR. N'DIAYE: I mean, I don't know who 17 authorized them to come in and do the 18 investigation. I don't know. It was, you 19 know, who set the parameters on it. I can't 20 speak on that. 21 MR. : And is it a normal for 22 them to do something like this, when there is 23 an actual FBI and OIG investigation? 24 MR. N'DIAYE: We do after actions. 25 don't know -. So, I EFTA00064412 409 1 MR. But I mean, do they do 2 after actions typically, when there is an open, 3 criminal investigation, though? 4 MR. N'DIAYE: Not typically. 5 MR. : No? 6 MR. N'DIAYE: So, I don't know. And 7 again, I don't want to speculate. I don't know 8 who authorized it. I don't know if they got 9 permission from the department to come down and 10 do it. I don't want to -. 11 MR. : Sure. "August 10th, 12 2019." So, this is the day of. 13 MR. N'DIAYE: Mm-hmm. 14 MR. : "6:33 a.m. A body alarm 15 is activated in the Special Housing Unit. SHU 16 staff report inmate Epstein was unresponsive in 17 cell Z06-220LAD. Sentry does not reflect this 18 accurately. Staff entered the cell and 19 attempted to wake Epstein. Control center 20 announced a medical emergency, and 21 cardiopulmonary resuscitation," or CPR, "was 22 initiated." So, the question here is, I guess 23 I'll start with. Well, the information that we 24 have is Michael Thomas and Noel were there. 25 Michael Thomas immediately went into the cell. 410 1 MR. N'DIAYE: Mm-hmm. 2 MR. : Upon finding Epstein. 3 MR. N'DIAYE: Mm-hmm. 4 MR. : Was it appropriate for 5 him to immediately go into the cell? Or should 6 have he waited for staff to arrive on site? 7 MR. N'DIAYE: You should be -- 8 MR. : What? 9 MR. N'DIAYE: -- you're trained -- 10 MR. : To go into the cell, I would 11 think. 12 MR. N'DIAYE: -- no, you wait for enough 13 staff to get there, and a lieutenant, before 14 you open that door. 15 MR. : Is that right? 16 MR. N'DIAYE: Mm-hmm. 17 MR. : In other words, suppose the 18 fucking guy is in seizure. 19 MR. N'DIAYE: Well, the flip side of it 20 is, he coiiiiiiiiiiing -- 21 MR. : Remember -- 22 MR. N'DIAYE: -- he could be feigning it. 23 MR. : -- we're in a prison. 24 MR. N'DIAYE: Yeah. He could be feigning 25 the suicide, and then come on and attack you. 411 1 And guess what? You're the only person there. 2 Now, he has the keys for every range door on 3 that door. 4 MR. : Okay. 5 MR. N'DIAYE: And you can lose -- 6 MR. : Mm-hmm. 7 MR. N'DIAYE: -- you can lose the unit. 8 MR. : Okay. Okay. 9 MR. N'DIAYE: So -- 10 MR. : Yeah. Okay. I made a 11 mistake. 12 MR. N'DIAYE: -- that wasn't -- 13 MR. : That's the first time -- 14 MR. : So, he did not. 15 MR. -- you make a notation, 16 (Indiscernible *04:48:23). 17 MR. : So, he didn't 18 appropriately (Indiscernible *04:48:25)? 19 MR. N'DIAYE: Yeah. He didn't 20 appropriate) 21 MR. : And should have he known 22 that from his training experience? 23 MR. N'DIAYE: Yeah. Yeah. 24 MR. : "7:36 a.m., inmate 25 Epstein pronounced dead by the emergency room 412 1 physician. And we've already addressed this. 2 My question was, was Epstein alive, or did he 3 show signs of -? But we dug into that plenty. 4 MR. N'DIAYE: Mm-hmm. 5 MR. : "On August 10th, 2019, 6 the two assigned morning watch SHU officers 7 failed to make their designated rounds, or 8 count the SHU inmates for two counts. At 6:33 9 a.m., upon finding inmate Epstein unresponsive 10 in his cell, with a torn bedsheet around his 11 neck, staff utilized the body alarm to initiate 12 a call for assistance. The medical response to 13 the incident was timely, efficient, and 14 exhaustive. Staff utilized an AED, as well as 15 a continuous CPR unit care was assumed by EMS 16 personnel." Are you aware of how - what 17 information they obtained to say that the SHU 18 officers failed to make their designated rounds 19 or counts? 20 MR. N'DIAYE: I don't know. 21 MR. : No? And I just say this 22 because I know, in reviewing the emails, a lot 23 of this information was provided from you to 24 III, and III was providing it to whomever, that 25 were -- EFTA00064413 413 1 MR. N'DIAYE: Right. 2 MR. -- was doing this, 3 though. 4 MR. N'DIAYE: Right. 5 MR. : So, I was assuming, in 6 drafting these questions, that a lot of this 7 information came from you. 8 MR. N'DIAYE: But I wasn't here when this 9 was. 10 MR. : Yeah, yeah, yeah. I 11 think a lot of this stuff, though, was 12 provided, you know -- 13 MR. N'DIAYE: Right. 14 MR. : -- during the email 15 review, those first couple of days. 16 MR. N'DIAYE: Okay. 17 MR. : So, that's why I'm asking 18 these questions, is, like, do you know where 19 this information came from? 20 MR. N'DIAYE: No, I don't. 21 MR. : No? 22 MR. N'DIAYE: Hmm-mm. 23 MR. : Okay. "Institution duty 24 officers do not routinely visit SHU each day, 25 as required by the institution supplement. 414 1 Additionally, the IDO reports consistently 2 document the condition of SHU as satisfactory, 3 when observations have shown the SHU to be less 4 than satisfactory." Do you have any comment on 5 that? Do you agree with that assessment? 6 MR. N'DIAYE: Oh, I don't know what day 7 they went in there. Again, when these 8 observations were done, I wasn't the warden in 9 the institution. 10 MR. : Okay. But prior to, when 11 you were the warden, do you know about the 12 institution duty officers not routinely 13 visiting the SHU each day as required? 14 MR. N'DIAYE: No. I didn't know about 15 that. 16 MR. 17 that. 18 MR. N'DIAYE: I didn't. I ensured 19 sanitation. You know? I made sure they made, 20 made sure the areas were clean. So. 21 MR. : Okay. And what was their 22 ultimate responsibility when they would visit 23 the SHU? 24 MR. N'DIAYE: I guess same thing, to make 25 rounds in the unit. Check on the inmates. You didn't know about 415 1 Make sure there are no issues. 2 MR. : And is that, like you 3 said, the idea was the guy that's on at night? 4 MR. N'DIAYE: That's the duty officer. 5 The institution duty officer. 6 MR. : Always at night, though? 7 MR. N'DIAYE: They use - they typically 8 work from, like, 1:00 to 9:00, 12:00 to 9:00. 9 They cover the evening shift. 10 MR. : Because I thought it was 11 explained to me, it was kind of, like, the 12 person in charge when you are not here. 13 MR. N'DIAYE: Well, yeah. But then, the 14 other flip side of it go to the other shifts, 15 you know, the operations lieutenant is the CEO 16 in the absence of a warden. So -- 17 MR. : Okay. 18 MR. N'DIAYE: -- the duty officer is just 19 the bridge to the executive staff. 20 MR. : But they were actually 21 supposed to be conducting those SHU rounds 22 every day? 23 MR. N'DIAYE: And then, again, I don't 24 know if they were or were not. I don't know 25 what they were, you know, what he was looking 416 1 at. 2 MR. Now, why would, was 3 a reoccurring -- 4 MR. N'DIAYE: What? 5 MR. : -- 6 Was he a reoccurring -? 7 MR. N'DIAYE: No. The duty officers. 8 Like, sometimes can get it twice a year. 9 MR. : Oh, okay. 10 MR. N'DIAYE: So, I don't -. 11 MR. But is it, like, a 12 quarterly -- 13 MR. N'DIAYE: Well, remember -- 14 MR. 15 thing? 16 MR. N'DIAYE: -- remember, he is also, he 17 is the duty officer, but he is also his unit 18 manager. 19 MR. But was he -- 20 MR. N'DIAYE: So -. 21 MR. -- the consistent duty 22 officer? 23 MR. N'DIAYE: No, no, no, no. They 24 rotate. 25 MR. Every day? -- submitted post type of EFTA00064414 417 418 1 MR. N'DIAYE: No. Every week. 2 MR. : Every week. 3 MR. N'DIAYE: Yeah. You have other ones, 4 every week. So -. MR. : So, it goes between other 6 unit managers? 7 MR. N'DIAYE: Other unit managers. Other 8 department heads. So, it kind of goes, you 9 know? 10 MR. What is the grade -- 11 MR. : And do they -. 12 MR. • -- level requirement? 13 MR. N'DIAYE: The department heads. It's 14 usually ]Lathighgr. 15 MR. IIIIIIIIII: 12 or higher. 16 MR. N'DIAYE: And some, like, maybe some 17 GS-11s. Our trust fund supervisors. 18 MR. : What grade level are you? 19 MR. N'DIAYE: Huh? 20 MR. : What level are you? 21 MR. N'DIAYE: SES. 22 .RME Which means? 23 MR. : It's like a general. 24 MR. N'DIAYE: No. A staff. 25 MR. No. It's what it's 1 equivalent to. 2 MR. : Mm-hmm. 3 MR. N'DIAYE: Right. 4 MR. : So, if you're looking at 5 the military equivalent -- 6 MR. N'DIAYE: Mm-hmm. 7 MR. : Hey, man. 8 MR. • -- it would be -- 9 MR. I can't be too -- 10 MR. : -- the general. 11 MR. : -- cheap. 12 MR. N'DIAYE: No. No. No. I can't 13 afford that. I got kids. 14 MR. : Well, fuck. Why didn't -- 15 MR. N'DIAYE: Yeah. 16 MR. : -- why didn't somebody tell me 17 that before? 18 MR. N'DIAYE: No, no, no. I got -- 19 MR. : (Indiscernible *04:52:52). 20 MR. N'DIAYE: -- yeah. 21 Yeah. 22 .ah. 22 MR. : So, the highest level you 23 can go to in the GS level is 15. And that is 24 basically a full (Indiscernible *04:53:00) 25 colonel in the military. SES is the general 419 1 level. So, don't -. He's being modest. 2 MR. N'DIAYE: No. Yeah. 3 MR. .6always liked him anyway. 4 MR. : I did not know. I 5 thought, I assumed you were 15 since your AWs 6 are 14s, though. 7 MR. N'DIAYE: No. But certain 8 institutions SESs. 9 MR. IIIIIIIIII: And MCC was one of those 10 institutions? 11 MR. N'DIAYE: MCC is one. Your pre-trials 12 are 15s. Your penitentiaries. Your big lows. 13 Like, Fort Dix. Certain mediums. 14 MR. : And have you maintained? 15 Are you still an SES now? 16 MR. N'DIAYE: Yes. 17 MR. : Okay. Since this time, 18 have you ever been demoted or anything like 19 that? 20 MR. N'DIAYE: No. 21 MR. IIIIIIIIII: No. 22 MR. : You know, man, I really -- 23 MR. N'DIAYE: No. Just got -- 24 MR. : I really got (Indiscernible 25 *04:53:45) for this guy. 420 1 MR. N'DIAYE: -- no. 2 MR. : (Indiscernible *04:53:45). 3 You know how, I always give law enforcement 4 guys a big, you know, a discount. But I 5 didn't, he's fuck - he's a fucking 6 (Indiscernible *04:53:52) -- 7 MR. N'DIAYE: I'm (Indiscernible 8 *04:53:52) a discount. 9 MR. : -- (Indiscernible *04:53:54) 10 couldn't afford him to pay. 11 MR. N'DIAYE: Remember, I'm a federal 12 employee. 13 MR. : Federal boys. It doesn't 14 matter if you're a general or not. 15 MR. N'DIAYE: We don't make any money. 16 MR. : You're not making a lot 17 of money. 18 MR. : Yeah. 19 MR. N'DIAYE: But -. 20 MR. : Remember, I think the 21 president makes, what? 22 MR. N'DIAYE: Yeah. 23 MR. : 250, and he's the 24 MR. N'DIAYE: 400. 25 MR. -- 400. EFTA00064415 421 422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. N'DIAYE: Yeah. MR. : Is it 400 now? MR. N'DIAYE: And the Vice President makes two somethin iiiiiiiiii MR. : Yeah, yeah. No. That's MR. N'DIAYE: And never disciplined. When I was moved, never given a reason why I was moved. Iiiiiiiiiiimoved. MR. : Okay. So, is the report also says that, "Psychology intake screening of Epstein contained errors in identifying details, including that Epstein was referred to as a black inmate, and by different inmate names." MR. : Oh, no. You're kidding me. They said he was black? Hell, that was a mistake. MR. Do you know anything about that? MR. N'DIAYE: I don't know anything about that. MR. Would that be a psychology issue? MR. N'DIAYE: That is a psychology, 1 whoever wiiiiiiiiiihat review. 2 MR. : All right. "SHU has 3 multiple cells equipped with video recording 4 capability. Inmate Epstein was not housed in S one of these cells. And there appears to be no 6 set guidance on when to utilize these cells." 7 So, you already said you didn't believe, like, 8 he should have been. 9 MR. N'DIAYE: So -- 10 MR. : Is that correct? 11 MR. N'DIAYE: -- let me correct that. 12 None of the cells, none of the cells that we 13 had in SHU had cameras in the cells that were 14 being, working and being used. The only ones 15 up in SHU that had cameras in the cell is Ten 16 South. 17 MR. Okay. So, no -- 18 MR. N'DIAYE: So, they -- 19 MR. -- where else in the 20 institution -- 21 MR. N'DIAYE: -- nowhere else in there had 22 cameras in the cell. 23 MR. : Hmm. 24 MR. N'DIAYE: Ten South, we have it in the 25 cells where you can see -- 423 1 MR. : That -- 2 MR. : How about, like, Nine 3 South lower, or something like that? Would 4 they? Isn't that, like, the mini Ten South? 5 MR. N'DIAYE: That's the - yeah that's 6 the -- 7 MR. Or G tier. 8 MR. N'DIAYE: G tier. 9 MR. That's not 10 MR. N'DIAYE: Right. 11 MR. -- what this is. 12 MR. N'DIAYE: So, that -- 13 MR. Did they have cameras? 14 MR. N'DIAYE: -- that did have recording 15 cameras in -- 16 MR. lust live cameras? 17 MR. N'DIAYE: -- in South, yeah. lust 18 Nope. But then, we had no cameras on there 19 that had live cameras in the South. 20 MR. : Okay. So, only -- 21 MR. N'DIAYE: Ten South. 22 MR. : -- Ten South. 23 MR. N'DIAYE: Only Ten South. 24 MR. : So -- 25 MR. So -. 424 1 MR. : -- this statement might 2 actually associate Ten South as part of the 3 SHU. 4 MR. N'DIAYE: Right. Because a lot of 5 people that come in, when they first come in, 6 Ten South is part of there, actually part of 7 Nine South. We call it -. It's part of an 8 annex. So, when most people come in, and they 9 have never been there, they don't 10 differentiate. 11 MR. : So, being that these are 12 BOP individuals that did this report, what is 13 your response to them saying that there appears 14 to be set guidance on when to utilize these 15 cells? If they are referring to Ten South. 16 Was there guidance on that? 17 MR. N'DIAYE: Yeah. Ten South, like I 18 said, was_miiii2lly for the SAMs inmates. 19 MR. IIIIIIIIII: So, do you -- 20 MR. N'DIAYE: Yeah. 21 MR. : -- also believe that that 22 is an incorrect statement, then? 23 MR. N'DIAYE: If that's what they are 24 referring to, I do believe it is. 25 MR. And you believe there was EFTA00064416 425 1 no other working cameras, outside of Ten South? 2 MR. N'DIAYE: Ten South is -- 3 MR. : For a single cell. 4 MR. N'DIAYE: -- is the one where we had 5 our cameras. 6 MR. : Okay. 7 MR. Ekay. 8 MR. : Because we had also been 9 informed that there were cells outside of Ten 10 South that had cameras in them, specifically I 11 think G tier. That's inaccurate? 12 MR. N'DIAYE: G tier. There is no 13 recording of inmates in those cells. 14 MR. : Just live? 15 MR. N'DIAYE: And I don't even believe 16 live. I know the only ones we had was Ten 17 South. 18 MR. : Okay. 19 MR. : We also heard that Ten South 20 wasn't supped to be utilized anymore. It was 21 actually supposed to be phased out. 22 MR. N'DIAYE: It was supposed to be what? 23 MR. : Phased out. 24 MR. N'DIAYE: What do you mean phased out? 25 MR. : He was actually brought up, 426 1 brought out during the time, after 9/11, to 2 house terrorists inmates. 3 MR. N'DIAYE: Mm-hmm. 4 MR. : Have you ever heard anything 5 about the fact that no one was supposed to be 6 housed up there anymore (Indiscernible 7 *04:57:12)? 8 MR. N'DIAYE: No. It's not -. It's not 9 to house terrorists' inmates. It's to house 10 inmates that have a SAMs on them. So, mostly, 11 the most of the inmates that have SAMs on them 12 are terrorist inmates or, you know, maybe an 13 inmate housed for espionage. You know? And 14 then -- 15 MR. : Was it supposed to have been 16 phased out due to PREA concerns? 17 MR. N'DIAYE: I didn't -. I don't know 18 anything about that. 19 MR. : Okay. 20 MR. N'DIAYE: No. 21 MR. : Okay. The next one is, 22 the report also shows that, "A review was done 23 regarding the overtime conducted by the C.D.s 24 at the MCC, and the shortage of staff." It 25 doesn't say much about it. Do you know what 427 1 the overall team's finding was? Do you agree 2 that there was a shortage of staff? 3 MR. N'DIAYE: Yeah, there was. I mean -- 4 MR. : Mm-hmm. 5 MR. N'DIAYE: -- I'll give you an example. 6 We were short staffed. I was relieving 7 officers on their posts, and on some weekends, 8 I would come in and work a post. I mean -- 9 MR. : You, as the warden? 10 MR. N'DIAYE: -- as the warden. I mean, 11 we had -. We were short. I mean -. 12 MR. : Now, is there a -. Was 13 there a way to rectify that issue? 14 MR. N'DIAYE: We could. I mean, hiring. 15 We had, I mean, 40 or 50 staff on OWCP 16 (Phoneticiiiiiiiiii8:23). 17 MR. : And can you explain what 18 that is? 19 MR. N'DIAYE: Workers compensation. 20 MR. : Oh. And what was the 21 percentage there, you said? 22 MR. N'DIAYE: About 40 or 50 staff on it. 23 MR. : 40 or 50 staff. 24 MR. N'DIAYE: Yeah. On there -. 25 MR. Did they seem to abuse 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 428 that? MR. N'DIAYE: We all knew it was an abuse. I mean, we -. We had even had conversations with the IG about, you know, you're going to the same doctor. But I mean, I understand. So MR. : So -- MR. N'DIAYE: -- every -. MR. : -- they were all using the same doctor? MR. N'DIAYE: The same doctor. But again, I understiiiiiiiiii agency is short. MR. : Mm-hmm. MR. N'DIAYE: I mean, so, we just had that constant mitem. MR. IIIII: That's, like -- MR. N'DIAYE: You know? MR. : -- they use some of these -. Some things, they use the same expert witnesses all the time. MR. N'DIAYE: Right. The hiring. We had a lot of department heads that we would use to cover. Some of my associate wardens, you know, would cover. So, it was just, you know, had to make do with what we had. EFTA00064417 429 1 MR. Now, was there, like, a 2 plan in place to try to get you guys up to 3 proper staffing levels? 4 MR. N'DIAYE: I mean, we were working on 5 hiring. You know, and getting people in. But 6 it's a process. You know? To get somebody 7 hired, it takes between six and eight months. 8 MR. : And were there a number 9 of people in the pipeline? 10 MR. N'DIAYE: Not really. I mean, we went 11 out and did recruiting, because we were 12 competing with other agencies. 13 MR. : Mm-hmm. 14 MR. N'DIAYE: You know? Other agencies 15 are hiring, you know, and we had incentives. 16 You know? To get people on. So, it was just a 17 matter of, ou know, getting people on board. I 18 MR. : And do you think it could 19 have been handled better by some, in some way, 20 by the BOP, in order to rectify that issue? 21 MR. N'DIAYE: There's certain things we 22 don't control. Staffing. You know, the 23 budget. We don't -. I don't -. We don't 24 control that. I mean, we can turn around and 25 say, I want this, but once the law is passed, 430 1 and it said, this is what you are getting, you 2 don't -. We need to work with what we've got. 3 MR. : No, and I understand 4 that, that as, like, as far as the BOP goes. 5 But I mean, the MCC, especially, you know, 6 covering Epstein in a lie *05:00:18), and 7 having such high-profile inmates. Was there - 8 do you think that there could have been 9 anything done better, though, by the BOP, to 10 make sure that your institution, specifically 11 MCC, was better staffed? 12 MR. N'DIAYE: You could - so, let's go TDY 13 - we couldn't really, couldn't TDY to a point, 14 but then, there are other institutions around 15 the agency that were, you know, the staffing 16 was an issue. So, they can't send somebody out 17 to help, you know? And then, it just brought 18 down the finding. I mean, and getting people 19 to clear your background. Not everybody can 20 clear a background to work. I mean, yeah, we 21 can go out in the street and say, hey, we got a 22 job for y21._Flat an you pass the guidelines? 23 MR. IIIIIIIIII: Mm-hmm. 24 MR. N'DIAYE: And a lot of time, do we 25 know. 431 1 MR. All right. So, we're 2 literally less than half of a page left. 3 MR. N'DIAYE: Mm-hmm. 4 MR. : But this next one is just 5 going to be, I'm going to have you just kind of 6 read it -- 7 MR. N'DIAYE: Okay. 8 MR. : -- along with me because 9 it's so long. "He was also an inmate who had 10 risk factors for assault by other inmates, and 11 did require careful selection for appropriate 12 cellmates. Although these issues were noted, 13 well documented, and communicated, a failure 14 still occurred by allowing inmate Epstein to be 15 placed in the cell alone. Although feasible 16 for an inmate to effectuate suicide while 17 housed with a cellmate, the odds of this 18 occurring are significantly lowered when housed 19 with another inmate." 20 The report continues. "It is apparent 21 various staff at the institution made a point 22 of ensuring inmate Epstein had an assigned 23 cellmate. The captain personally instructed 24 the lieutenants, individually. A mass email 25 was distributed by psychology, and it is 432 1 apparent some SHU officers were aware. 2 Although many people acknowledge this is an 3 important fact, ultimately, the final staff 4 responsible for not - or did not ensure the 5 requirement was met, including vital 6 directives, such as a cellmate requirement, and 7 a mass email does not ensure -." (Indiscernible 8 *05:02:20) -- 9 MR. N'DIAYE: Mm-hmm. 10 MR. : -- including vital 11 directives, such as a cellmate requirement, and 12 a mass email does not ensure those who truly 13 need that information do, in fact, receive it 14 timely. In this case, inmate Epstein was 15 actually placed with a cellmate when removed 16 from psychological -- 17 MR. N'DIAYE: Mm-hmm. 18 MR. : -- observation. After 19 that moment, it is clear there was no 20 additional written directive, or a fail safe 21 system established, to ensure inmate Epstein -- 22 MR. N'DIAYE: Mm-hmm. 23 MR. : -- would have had a 24 cellmate going forward." So, I guess, first 25 and foremost, do you believe, probably the EFTA00064418 433 1 primary reason why Epstein was able to take his 2 own life was because he didn't have a cellmate? 3 On top of the fact that they weren't conducting 4 rounds in SHU? And counts. 5 MR. N'DIAYE: I can't speak to the 6 mindset. Only I can speak to is, he killed 7 himself. 8 MR. : But what I'm asking is, 9 would it have certainly helped prevent his 10 death by one) having an inmate; and two) having 11 rounds and counts conducted? 12 MR. N'DIAYE: Oh, if people did their job. 13 MR. : Right. 14 MR. N'DIAYE: You know? And -. 15 MR. : Like, obviously, if he 16 killed himself, he did it. 17 MR. N'DIAYE: Right. 18 MR. : But the way that the 19 government can better ensure that that doesn't 20 happen is by ensuring that, when it is mandated 21 that someone has a cellmate, they have a 22 cellmate. 23 MR. N'DIAYE: Right. 24 MR. : And when they do their 25 job, like you just said, they conduct rounds 434 1 and counts, that -. Is that what you believe 2 would have helped keep him alive today, if, you 3 know, from the government perspective? 4 MR. N'DIAYE: I mean, again, I'm going to 5 just say, I can't say what would have kept him 6 alive, but I will say, you know, if people made 7 their rounds, did their job, followed 8 instructions that they were given, then it 9 might have -. Could have minimized what, you 10 know -- 11 MR. : The risk. 12 MR. N'DIAYE: -- you know, what happened. 13 The risk. But I can't talk to, you know, if he 14 would have done it or not done it. If that 15 would haviiiiiiiiiihim. 16 MR. : Now, as far as this last 17 sentence, what they wrote, "After that moment, 18 it is clear there was no additional written 19 directive, or fail safe system established to 20 ensure inmate Epstein would have a cellmate 21 going forward." What do you think could have 22 been done, and who should have done it? 23 MR. N'DIAYE: So, directives and the 24 information was conveyed to people verbally, 25 documented on forms, on what you are supposed 435 1 to do. There was signs up. 2 MR. : Now, what signs do you 3 know that were up? 4 MR. N'DIAYE: No, I mean, the one you read 5 to me, about the sign about doing the 30-minute 6 checks. 7 MR. : Oh, I think this is -- 8 MR. N'DIAYE: So -. 9 MR. : -- specifically talking 10 about the cellmate requirement. 11 MR. N'DIAYE: No. I mean, (Indiscernible 12 *05:05:02) cellmate requirement. It was put 13 out by the captain. Directives were given. 14 Staff was spoken to. You know, it's kind of 15 boiled down to people not doing their job. I 16 mean, if I tell you, you have to do something, 17 it's given to you in writing, what more do we 18 have to do? 19 MR. : Well, that's kind of my 20 question, because the BOP is the one who wrote 21 that finding. So, I'm curious myself -- 22 MR. N'DIAYE: I mean, that's -- 23 MR. : -- what you think -- 24 MR. N'DIAYE: -- I mean -- 25 MR. -- that could have been 436 1 done. 2 MR. N'DIAYE: -- that's somebody's 3 opinion. 4 MR. : Right. 5 MR. N'DIAYE: You know? That's a Monday 6 morning quarterback that came in and make an 7 opinion. I don't know what their ulterior 8 motive is -- 9 MR. : Can you think of any -- 10 MR. N'DIAYE: -- for making it. 11 MR. : -- anything that wasn't 12 done? Can you think of anything, like, oh, if 13 this could have helped, or maybe he should have 14 done that? As far as the cellmate requirement. 15 MR. N'DIAYE: I can't think of anything 16 they should have done. 17 MR. : No. Okay. 18 MR. ran I ask? 19 MR. N'DIAYE: Yeah. 20 MR. : I know it's bound to - based 21 on once everything comes up, these are 22 questions that they're going to have. So, I 23 got to ask. I know you mentioned that you 24 couldn't have secondary selection. Like, 25 another replacement for because inmates EFTA00064419 437 1 keep moving. But is it possible that a list 2 should have been created? That, you know, 3 should have told the SHU officers, hey, listen, 4 if ever gets removed, here is a list of 5 maybe possible five inmates that you could 6 choose from? 7 MR. N'DIAYE: But I mean, under, you know, 8 different inmates, we can do that, but he was a 9 high-profile inmate that -- 10 MR. : Mm-hmm. 11 MR. N'DIAYE: -- I would have had to get 12 that name and run it up to the department, to 13 see if it was okay. it wasn't just him. I was 14 going to arbitrarily say, listen, I need you 15 to, you know, we're going to put this guy -. I 16 was, just like with the other ones, sent up to 17 the department. So, again, it would have been 18 based on who was there. 19 MR. : And because -- 20 MR. N'DIAYE: If that. 21 MR. : -- because of that 22 extreme detail that had to go into selection, I 23 think what is asking you is, should have 24 there been a list of names that the higher ups 25 signed off on, in case someone was removed, 438 1 they went to court, they didn't come back, they 2 were transferred, things like this. 3 MR. : Like, that's what they list 4 as a fail safe. Like -- 5 MR. N'DIAYE: Right. I mean -- 6 MR. : -- as a precautionary 7 measure. 8 MR. N'DIAYE: -- it could have been, but 9 then it would have still been based on who was 10 there that da at the time. 11 MR. : And that's why I think 12 he's saying, like, a list of five people versus 13 one or two. So, if this person is not -- 14 MR. N'DIAYE: I don't -- 15 MR. : -- there, what about this 16 one? That one is not there, either. But maybe 17 this guy. You know, that type of thing. Or 18 did you -- 19 MR. N'DIAYE: I just -- 20 MR. : -- just stand by a hunch? 21 MR. N'DIAYE: -- yeah. I just, I just 22 feel, liqs_y_gu know -- 23 MR. IIIII: Don't know. 24 MR. N'DIAYE: -- it was, I can't, no. I 25 mean -- 439 1 MR. Mm-hmm. 2 MR. N'DIAYE: -- again, I'm operating in 3 hindsight III22fla at the time -- 4 MR. IIIIIIIIII: Okay. 5 MR. N'DIAYE: -- you know, that's what was 6 done. 7 MR. ..eah, we know you do. 8 MR. : Yeah. And we are 9 absolutely asking you to operate in hindsight. 10 MR. N'DIAYE: Right. 11 MR. : Saying, like -- 12 MR. N'DIAYE: Yeah. 13 MR. : -- Monday morning 14 quarterbacking -- 15 MR. N'DIAYE: Right. 16 MR. : -- yourself and your own 17 institution, I get it. But, like, Monday 18 morning quarterbacking this situation -- 19 MR. N'DIAYE: Mm-hmm. 20 MR. : -- what do you think 21 they, you know, they are referring to this as 22 the BOP, and we are not the experts. 23 MR. N'DIAYE: Right. 24 MR. : We're coming in. But BOP 25 is saying this. I'm just saying, what do they 440 1 mean by this? 2 MR. N'DIAYE: Right. But -- 3 MR. : And what are some things 4 that could have been done? 5 MR. N'DIAYE: -- but those are individuals 6 that are coming in, looking at a situation, 7 that wereiiiiiiiiii involved in it. 8 MR. : Mm-hmm. 9 MR. N'DIAYE: You know, they weren't the 10 ones that were told, hey, okay, I'm talking to 11 my boss, and it's going all the way up to the 12 department. That wasn't -. That wasn't privy 13 to them. 14 MR. Mm-hmm. 15 MR. N'DIAYE: That was a need to know 16 basis. 17 MR. : But unfortunately, everyone 18 is who going to eventually look at this case -- 19 MR. N'DIAYE: Right. 20 MR. : -- is going to be doing the 21 same exact thing as they are. 22 MR. N'DIAYE: No. But what I'm saying is, 23 if we're looking at assessing the situation on 24 what happened in real time, that's what I'm 25 talking about. So, in real time, now, if they EFTA00064420 441 1 had known that, hey, you know what? These 2 names had to go up and be, you know, vetted at 3 the same time, maybe it would have been a 4 different thou process. 5 MR. : And was it possible - and 6 maybe you discussed this - was it possible 7 that, hey, listen, the SHU officers could have 8 replaced -? Did they have the ability to 9 replace , if they wanted to, or did they 10 have to come up the chain of command, for the 11 chain of command to tell them who the new 12 inmate -? 13 MR. N'DIAYE: They were instructed, hey, 14 let us know when - where he's to have a 15 cellmate at all time - and to notify, let 16 someone know. Because again, due to the 17 individual that he was, you just don't want to 18 throw any, 19 MR. : Okay. But doesn't that kind 20 of hinder them from taking action? Let's say, 21 at that point on thatiiiiiiyou are not in the 22 institution, Captain was there, I 23 understand. 24 MR. N'DIAYE: There was an acting warden 25 there. You had the executive staff there. 442 1 Just because the warden is not there doesn't 2 mean the institution doesn't run. That's why 3 you have, you know, people acting on your 4 behalf. You know? That could make -- 5 MR. : So, maybe -- 6 MR. N'DIAYE: -- those decisions. 7 MR. : -- maybe, what 8 you are trying to ask is, would somebody, since 9 it sounds like you would have to go over your 10 head to even make that decision, has to go to 11 the regional director level, would the 12 associate warden have the ability to go to the 13 regional director, or would have they known to 14 go to the regional director? 15 MR. N'DIAYE: So, let's say that did 16 happen, rigtql__Ity would have -- 17 MR. IIIIIIIIII: Well, it did happen. 18 MR. N'DIAYE: -- no, I'm saying, as far as 19 finding out that, hey, he needed a cellmate. 20 So, even though I'm off that day, I'm still 21 working. 22 MR. : Mm-hmm. 23 MR. N'DIAYE: Because I got the government 24 phone. And they're going to call me and tell 25 me, hey, this is what we got going on. He 443 1 needs a cellmate. And then, I would be, like, 2 okay, let's see what we have, so we can send it 3 up. 4 MR. : So, basically, you were 5 always available. Someone was always 6 available, that if the proper notification was 7 being made, up the chain of command -- 8 MR. N'DIAYE: Right. 9 MR. : -- a newer inmate could have 10 been assigned. 11 MR. N'DIAYE: That's why I carried it. 12 That's why I had (Indiscernible *05:10:23). 13 So, to, I get calls all hours of the night, 14 even if I'm off, I'm not off. If there is an 15 issue, anioiiiency, I'm called. Yeah. 16 MR. : Okay. And if someone does 17 ask, should the SHU officers have been given 18 the ability? Your answer to that would have 19 been, you have that phone with you, someone 20 should have made that notification. So -- 21 MR. N'DIAYE: Right. 22 MR. : -- someone in the higher -- 23 MR. N'DIAYE: And they -- 24 MR. : -- of command. 25 MR. N'DIAYE: -- and they would contact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 444 me. MR. : Okay. MR. N'DIAYE: So, it was not, like, I'm off on paper. Because I am using my leave. But I'm still on duty because you can call me on my phone. MR. : Okay. MR. N'DIAYE: Yeah. MR. Based on MR. MR. My last two questions. our conversation, and after this -- : Thank God. -- based on your conversations, and this after-action report that we just reviewed those topics, what are the failures of the BOP that allowed Epstein to die? MR. N'DIAYE: I'm not -. I mean, that's - . I think -. I can't -. That's -. You know, like, I - again - I'm speculating, and I'm giving personal o inions. I'm not -- MR. : Again, and I'm not asking you to say why he killed himself. MR. N'DIAYE: Right. MR. : Or if he could have. What I'm saying is, what are the failures of EFTA00064421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 445 the BOP? MR. : He killed himself because he ain't stupid. He said to himself, holy shit, I'm going to spend the rest of my life in prison. MR. : Yeah, yeah, and I'm not - MR. : Yeah. MR. : -- and I'm not, absolutel not asking -- MR. : No. MR. : -- as far as what is his mental state, and could have he had the ability MR. N'DIAYE: But I can't -- MR. : -- but are the failures, as you see them, after we reviewed all this, that you believe -. What did the BOP do wrong, in this instance? Unless you don't think that they did anything wrong. MR. N'DIAYE: No. I'm not saying they did anything wrong. But again, these are things that you are going to find. I mean, right now, I can look at it and say, we're looking at people not making rounds and all that. But 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 446 there's still an investigation going on. So, I don't want to sit here and speculate -- MR. : No, but we are the ones - MR. N'DIAYE: -- and say -- MR. : -- doing the investigation, and -- MR. N'DIAYE: -- right. MR. : -- you are the leader of the organization that, you know, of the place. That's why this is a very relevant question for you to answer because -- MR. N'DIAYE: Mm-hmm. MR. : -- you know, this was the facility that you oversaw. MR. N'DIAYE: Right. So -- MR. : So, we're just -. All I'm simply asking is, what do you think the problems are, as you see them? After you just heard everything we just talked about for, it seems like the last five hours. MR. N'DIAYE: No. I mean, if we would talk - I mean, you're not counting. You didn't make your rounds in that unit, to check on an inmate. I mean, that is, that is the basics 447 1 right there. 2 MR. Okay. 3 MR. N'DIAYE: You know, we can talk about 4 all the other stuff, but the basic is, you did 5 not go and make those rounds. 6 MR. : And would you also, 7 though, add to that the fact that they didn't 8 replace 9 MR. N'DIAYE: Oh. 10 MR. -- like they wer supposed 11 to? 12 MR. N'DIAYE: Yes. 13 MR. : Okay. What actions could 14 the BOP have taken to possibly prevent 15 Epstein's death? 16 MR. : It doesn't sound like -- 17 MR. N'DIAYE: Right. 18 MR. -- still, you were nervous. 19 MR. : Totally. 20 MR. : That's all. I mean, you could 21 have -- 22 MR. It just, it sounds like 23 they quote, the answer would be, conduct your 24 rounds, conduct your counts. Get a -- 25 MR. N'DIAYE: Do your job. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 448 MR. -- do your job. Get MR. 99 times out of a 100, it wouldn't have ha ened. MR. Right. So -- MR. : You know, it's -. MR. -- but in this case, it does seem, like, a lot of this was a result of - like you keep on saying - people not doing their jobs. MR. : lobs. MR. N'DIAYE: But I mean MR. : Yeah. MR. N'DIAYE: -- but in all fairness, we've had, since Epstein died, and before, we've had almost 60 suicides. So, it's the same reociiiiiiiiiieme. MR. : Right. MR. N'DIAYE: You know, people not making their rounds and doing what they're supposed to do. MR. : And is that the same thing that's happening with them, they're not doing their rounds or counts? MR. N'DIAYE: I mean, and nine times out EFTA00064422 449 1 of ten, every time you look into something, it 2 is a matter of them doing checks, you know, not 3 counting, you know? So, it's the normal 4 things. 5 MR. : Are these other 6 instances, where we find out that they didn't 7 have cellmates? 8 MR. N'DIAYE: Single cell. You know, I 9 mean, you have access to the data. I mean, you 10 look at it, and you look at the numbers of 11 single cell inmates. But there is instances 12 where, you know, sometimes you do have to put 13 somebody in a cell single. 14 MR. : Sure. 15 MR. N'DIAYE: But, you know, there is 16 other suicides, and they don't stop. You know? 17 Some of it is, you know, staff had no control 18 over it, and some staff had control over it. 19 MR. : And I do apologize. I 20 said that was the last question, but I guess I 21 should ask. In Monday morning quarterbacking 22 yourself, is there anything that you should 23 have done differently? 24 MR. N'DIAYE: Hmm. 25 MR. : As the MCC warden? 450 1 MR. N'DIAYE: As far as what? This 2 situation? 3 MR. : Yeah. lust anything that 4 you feel, like, oh, you know, like, I should 5 have done this better, or I could have done 6 this better. That type of thing. 7 MR. N'DIAYE: I can't. 8 MR. : Just for 9 me just -- 10 MR. N'DIAYE: 11 for that. 12 MR. 13 you have? 14 MR. 15 MR. 16 MR. 17 MR. 18 MR. 19 anything, 20 MR. 21 MR. 22 to -? 23 MR. : -- generally. 24 MR. N'DIAYE: No. No. That's it. 25 MR. : Is there anything you the record, let I can't think of anything -- okay. Anything else : No. That's it? : Anything that -- Jesus Christ. -- you wanted to add to Warden, anything that -- : I didn't know if you said -- -- we missed, or you want think 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 451 we missed asking about? MR. : Don't ask him that. MR. N'DIAYE: Not that I can think of. MR. : You have a right to remain silent. (Indiscernible *05:15:06). Guys, listen, you know? MR. : Yeah. No. We got you. MR. : Like, I was impressed that you did that. He couldn't go through this. I would have been to the bathroom, like, I got to do this, I got to do this. I mean, I got to make a phone call. I want to take a nap. He just sat there and answered all the questions. I mean, he's not -- MR. Yeah. MR. • -- even sweating under his armpits. MR. And thank you very much - MR. N'DIAYE: Yeah. MR. -- for your cooperation - MR. N'DIAYE: No. I appreciate -- MR. Especially -- MR. N'DIAYE: -- you guys. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 452 MR. -- the recording is showing that this is five hours and 15 minutes. So, this was an epic, epic interview. It is currently 7:18 p.m. on Wednesday, October 27th, 2021. This is Senior Special Agent , and I am turning off the recorder. EFTA00064423 4 ) 3 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 LAMINE N'DIAYE , Transcriber EFTA00064424