EFTA00127124.pdf
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DIGITALLY RECORDED
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SWORN STATEMENT
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OF
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OIG CASE #:
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2019-010614
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DEPARTMENT OF JUSTICE
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OFFICE OF THE INSPECTOR GENERAL
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MARCH 16, 2022
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RESOLUTE DOCUMENTATION SERVICES
28632 Roadside Drive, Suite 285
Agoura Hills, CA 91301
Phone:
EFTA00127124
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APPEARANCES:
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OFFICE OF THE INSPECTOR GENERAL
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BY:
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BY:
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WITNESS:
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OTHER APPEARANCES:
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NONE
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EFTA00127125
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MR.
: This is Special Agent
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Today is March 16th, and the time is
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9:55 a.m. The recorder is now on. My name is
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I am a Special Agent with the
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U.S. Department of Justice, Office of the
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Inspector General, New York Field Office, and
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these are my credentials.
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MS.
: Thank you, sir.
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MR.
: This interview with the
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Federal Bureau of Prisons employee, Lieutenant
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, is being conducted as part of
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an official U.S. Department of Justice, Office
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of the Inspector General investigation.
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Today's date is March 16th, 2022. The
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time is 9:56 a.m. This interview is being
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conducted at the Federal Bureau of Prisons
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Metropolitan Detention Center, Brooklyn, New
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York, warden's conference room.
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Also present are DOJ/OIG Assistant Special
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Agent-in-Charge,
, Lieutenant
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This interview will be
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recorded by me, Special Agent
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Could everyone please themselves for the
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record, and spell your last name? To start,
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again, I am DOJ/OIG Special Agent
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MR.
: Assistant Special Agent-
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in-Charge
with the DOJ/OIG
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and these are my credentials.
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MS.
: Yes, sir.
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MR.
: Please identify yourself.
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MS.
: Lieutenant
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. Last name
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With the Federal Bureau of Prisons.
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MR.
: This is an official DOJ/OIG
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investigation into events surrounding the death
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of inmate Jeffrey Epstein, and you are being
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asked to voluntarily provide answers to our
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questions. Will you agree to a voluntary
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interview with the DOJ/OIG?
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MS.
: Yes.
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MR.
: Please review DOJ/OIG form
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11I-226/2. The form states, United States
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Department of Justice, Office of the Inspector
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General, Warnings and Assurances to Employee
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Requested to Provide Information on a Voluntary
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Basis.
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"You are being asked to provide
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information as part of an investigation being
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conducted by the Office of the Inspector
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General. This investigation is being conducted
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pursuant to the Inspector General Act of 1978,
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as amended.
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This investigation pertains to job
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performance failure and security failure. This
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is a voluntary interview.
Accordingly, you do
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not have to answer questions. No disciplinary
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action will be taken against you if you choose
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not to answer questions.
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Any statement you furnish may be used as
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evidence in any future criminal proceedings, or
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agency disciplinary proceeding, or both." The
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waiver states, "I understand the Warnings and
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Assurances stated above, and I am willing to
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make a statement and answer questions.
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No promises or threats have been made to
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me, and no pressure or coercion of any kind has
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been used against me." Please review the form
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and if you understand and agree, please sign
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where it says Employee Signature.
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MS.
: Okay.
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MR.
: And print your name right
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below that.
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MS.
: Below that. Okay.
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MR.
: I'm going to sign on the
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signature of the Office of Inspector General.
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MR.
: Okay. And this is
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, and I will sign as the witness and
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fill out the rest of the form. What is the
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time,
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MR.
: It is 9:59 a.m.
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MR.
: 9:59 a.m., and the place
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is the MDC Brooklyn.
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MR.
: Thank you. Before starting
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the interview, I would like to place you under
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oath. Lieutenant
, can you please raise
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your right hand?
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MS.
: Sure.
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MR.
: Do you swear to the tell the
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truth and nothing but the truth during this
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interview?
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MS.
: Yes, sir.
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MR.
: Thank you. You can put your
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hand down.
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MS.
: Okay.
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MR.
: Please let me know if you
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don't understand any questions, and I will try
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to repeat it, or try to rephrase it for you.
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MS.
: Okay.
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MR.
: Thank you for taking the time
EFTA00127129
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to meet with us today. You previously told us
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- we'll jump right into it - you met with us in
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the past.
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MS.
: Yes.
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MR.
: And you previously told us
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that you were off on August 9th, 2019. That
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was a Friday. Do you recall?
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MS.
: On August 9th, 2019? I think
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I was off on the Friday. I think my last day
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of working was August 8th, I think it was.
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MR.
: August 8th. And do you
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recall mentioning to us about an issue with the
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camera --
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MS.
: Yes.
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MR.
: -- system?
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MS.
: Yes.
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MR.
: And you had addressed that
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situation with the communications technician
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Hughwon
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MS.
: Yes.
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MR.
: And you remember mentioned,
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think the conversation was between - you want
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to tell us a little bit about it again? Your
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recollection of it.
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MS.
: Sure. I was - after I was
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reviewing the camera, I was looking for an
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inmate that may have possibly departed the
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building. So, I was, I went to the camera to
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review the, to see if I can backtrack exactly
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when he left the building.
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I was present at the SIS office, with the
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Associate Warden from MCC New York at the time,
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which is AW
, we both were looking at the
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camera, and at that moment, I noticed I
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couldn't rewind on the cameras.
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So, I couldn't get any playback. At that
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moment, we stopped, you know, like, searching
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for the inmate because we couldn't go back any
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further than the time we were at. And at that
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time, I notified communications tech
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I called him over the radio and let him
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know, hey, I'm trying to rewind back the
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cameras, and the cameras won't rewind. And he
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said he will come and take a look at the system
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and see what was going on.
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And which he did. He did come down and he
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looked at the system, and he said he has to do
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overtime to fix the system. At that moment,
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notified Captain
. I apologized
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that the cameras was down, and I also provided
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him with a memorandum, letting him know that
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the camera system was down.
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MR.
: Okay. And we were able to --
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MR.
: Before we get into that,
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though --
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MS.
: Okay. I'm sorry.
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MR.
: -- as far as the - so,
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there was a discrepancy with what you said and
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what AW
said. Did you just rewind one
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and that's not a big discrepancy - just, did
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you rewind one video at that time, the one you
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were trying to look at, or did you rewind
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multiple, to determine that the -?
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MS.
: No. I went back on quite a
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few.
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MR.
: And was that with AW
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present?
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MS.
: I can't remember if she
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stayed --
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MR.
: Okay.
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MS.
: -- while I was going back at
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the cameras, to be honest with you.
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MR.
: Because she was saying --
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MS.
: But I -.
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MR.
: -- she thought it was
EFTA00127132
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just one while she was there, so --
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MS.
: Right.
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MR.
: -- if it's -.
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MS.
: I can't remember if she
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stayed, but I did go back on several cameras on
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the housing units and different areas, to see
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can I --
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MR.
: Okay.
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MS.
-- rewind.
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MR.
: So, you did, but she
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possibly didn't.
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MS.
: Yes. Yes.
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MR.
: Okay. Great.
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MR.
: So, we were able to identify,
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with your assistance, through this document was
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provided to AW
, and AW
provided this
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to the MCC attorneys, who in turn provided it
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to the OIG.
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MS.
: Okay.
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MR.
: And this is the memo that was
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written by you. I'm going to read it out for
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the record. Up top it says, the United States
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Government Memorandum. Federal Bureau of
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Prisons. MCC New York. 150 Park Road New
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York. The date is August 10th, 2019, from T.
EFTA00127133
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, SIS Lieutenant to J.
, Captain.
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MS.
: Mm-hmm.
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MR.
: Subject is, "NiceVision
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(Phonetic Sp. *00:07:26) camera system." "On
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August 8th, 2019, at approximately 3:45 p.m.,
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while reviewing the Nice camera system, I
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attempted to recover video footage from the
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unit 5-South housing unit."
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MS.
: Yes.
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MR.
"At this time, I was unable
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to recover any previous recordings from the
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camera. This prompting me to review all of the
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cameras. None of the cameras on the system
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were able to record.
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Therefore, I called communication
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technician H.
, via radio. At
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approximately 4:00 p.m.,
responding to
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the third floor phone monitoring room to check
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the cameras, and notified me that the cameras
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were not recording, and there was no way to
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retrieve any video.
stated he fixed the
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camera system on Friday, August 9th, 2019, when
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he arrived to work."
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MS.
: Mm-hmm.
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MR.
: Do you recall writing this
EFTA00127134
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memo?
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MS.
: Yes.
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MR.
: Is this the memo? Okay.
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MS.
: Yes.
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MR.
: Just to clarify, the date
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that you wrote the memo will be on August 10th?
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MS.
: Yes.
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MR.
: This would be the Saturday
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following --
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MS.
: Yes, sir. It would be the
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Saturday.
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MR.
: And August 9th, you were off?
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MS.
: Yes. I'm almost sure I
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wasn't there the Friday. I'm almost sure that
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I wasn't in the building.
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MR.
: That last sentence, that's
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the --
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MR.
: Well, first, just to
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clarify, the August 10th. So, previously, and
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I think again, you just, I think you assumed
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you wrote it on August 8th, but it looks like
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you actually wrote it on the 10th.
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MS.
: I did assume that I wrote it
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on the 8th.
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MR.
: All right.
EFTA00127135
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MS.
: I did.
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MR.
: So, looking at that now,
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do you know that it was now written on the
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10th, on the Saturday, as opposed to on that
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Thursday, when you first found out?
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MS.
: Yes.
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MR.
: Okay. So, that's not,
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like, a misunderstanding? That's, now looking
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at it, you're, like, oh, that's correct, you
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actually wrote it on
So, does that mean
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that you didn't tell Captain
until the
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10th, as well?
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MS.
: No. I definitely told him
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when the cameras was found, because he wouldn't
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have had any footage, have anything occur.
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MR.
: Because when we spoke
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with Captain
, he didn't think he would
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or he said he wasn't told until that Saturday.
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He says he was never informed on that Thursday
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or Friday.
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So, we were just - now seeing that memo
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we were trying to think, oh, maybe you were
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just mistaken because you were very confident,
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no, I told the Captain, and I provided him the
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memo. So, seeing that, does that maybe make
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you think -?
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MS.
: No. I'm definitely positive
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that I told him when the cameras was down
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because we always do.
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MR.
: Okay.
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MS.
: Because if something
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happened, we need to get footage at that
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moment.
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MR.
: Uh-huh.
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MS.
: And I do recall him asking me
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did I notify
that the cameras was down,
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and I told him I did
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MR.
: Okay.
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MS.
because
was going
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to stay to do overtime to fix them.
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MR.
: And you're positive that
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that was on the 8th?
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MS.
: I'm positive --
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MR.
: (Indiscernible
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*00:10:03).
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MS.
: -- it was on the 8th.
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MR.
: Sorry. Go ahead.
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MR.
: Okay. And the last thing
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says, "
stated he fixed the camera system
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on Friday, August 9th, when he arrived to
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work." Just to clarify, does that mean that he
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- sorry, let me pause for a second.
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UNKNOWN FEMALE: I'm sorry. Hi. Hi. How
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are you?
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MR.
:
We're on a recording,
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just so you know.
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MR.
: So -.
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UNKNOWN FEMALE: Oh, I'm sorry.
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MR.
: Okay.
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MR.
: Just to clarify, the last
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statement --
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MS.
:
Yes.
13
MR.
-- does that mean that he
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fixed, stated, now, did
tell you that he
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fixed the camera on August 9th? Or does it
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mean that he told you that he will come in on
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August 9th and fix the camera?
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MS.
: No. On the 8th, he told me
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he was staying that evening to fix the cameras.
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When
seen me on the 10th, when I entered
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the Special Housing Unit, he was in there. I
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don't know if he was working, if he was doing
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overtime.
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But as soon as I entered the Special
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Housing Unit, Mr.
immediately approached
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me. Immediately approached me, and I said,
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well, what happened with the camera system?
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Because we had this conversation that you will
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fix it on the 8th. And he said I fixed it
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yesterday. And then, I'm here today, which is
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the 10th, to finish up.
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MR.
: So, you mean, he started
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fixing it yesterday?
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MS.
: So, I'm assuming that, I
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don't know if he started, or if he fixed it,
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but I could only go by what he told me. I
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fixed the camera system, and I'm here to finish
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it up.
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MR.
: Because when you - when
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we spoke to you last, you had mentioned that
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you approached him and said, you told me you
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were going to fix this, and you said, and then
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he told you at that time, yeah, I came in here
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today --
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MS.
: Right.
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MR.
-- to do it.
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MS.
: Right. So, I was under the
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assumption he started on the 9th, and he still
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had - whatever he had left to do on the 10th,
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and I assume that that's what he was there to
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do.
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MR.
: Okay. So, not that he
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fixed it on the 9th, but he started to fix it
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on the 9th?
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MS.
: Right. I feel like he
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started to fix it on the 9th, and he was there
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to finish up, because then he was actually on
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overtime in an attempt to, if I'm correct.
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MR.
: Okay.
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MS.
: So, I assumed that he started
11
fixing it, and he was there to attempt to
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finish it up.
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MR.
: So, should that last
14
sentence then read, he began fixing it on the
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9th? Instead of he fixed it on the 9th?
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MS.
: It should, but again, I can't
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recall. I don't want to say, you know, because
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he told me he fixed the cameras. So, fixing to
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me, I don't know the camera system. So --
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MR.
: So, on the 9th, when they
21
knew that they couldn't actually get video, he
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actually said, I did fix it yesterday?
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MS.
: No. On the 9th. I mean,
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sorry, on the 10th.
25
MR.
: That's what I mean, on
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the 10th.
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MS.
: When we arrived, and we
3
realized that there was no video over the 9th.
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That's when he stated, I did overtime, I fixed
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it yesterday. And then, we would, me and him
6
were having a conversation that it's no video.
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You can't go back. And his thing was, I'm here
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to finish up what I started yesterday.
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MR.
: Huh.
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MS.
: So, I don't
11
MR.
: Was it --
12
MS.
-- know what he fixed,
13
because fixing to - I'm sorry - fixing can be
14
he bought all of the cameras back up, so the
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cameras are online, but I don't know if they
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were online to record, if that makes any sense.
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MR.
: And so, it's hard for us
18
to understand because if he's saying he fixed
19
it yesterday, and he's here to finish it today,
20
that sounds like it means he started fixing it
21
yesterday, and he's --
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MS.
: Right.
23
MR.
: -- but what his words
24
were, he fixed it yesterday?
25
MS.
: His words was, I fixed it
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yesterday, and I'm here to finish up today.
2
Now, I don't know what the finish up part for
3
today was, to be honest with you. I'm assuming
4
the finishing up part was the to get them to
5
record, because they were blacked out.
6
MR.
: Okay.
7
MS.
: Most of the cameras were
8
blacked out.
9
MR.
: Oh, so, they were
10
actually blacked out? So --
11
MS.
: It was some cameras that were
12
blacked out where it was no screen at all.
13
MR.
: Okay.
14
MR.
: This was on August 8th?
15
MS.
: On August 8th.
16
MR.
: Okay. So, he actually
17
got the cameras to not be blacked out anymore,
18
so meaning, he fixed the cameras that were
19
blacked out, and on the 10th, he was going to
20
get them to start recording?
21
MS.
: That's what I assume.
22
MR.
: Okay.
23
MS.
: It's just an assumption
24
because when I got there the 10th, I didn't
25
physically go to see if the black out cameras
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was back online.
2
MR.
: All right. So, when you
3
say fixed in that, you're talking about, he got
4
the cameras back up and running, but the
5
recording part was going to be fixed on the
6
10th?
7
MS.
: That's my assumption.
8
MR.
: Okay.
9
MS.
: It's just an assumption.
10
Because I really can't say what he did. I can
11
only say --
12
MR.
: Well, it --
13
MS.
-- what he said.
14
MR.
: -- if he said to you, on
15
the 10th, I fixed them yesterday, did you ask
16
him then, well, then, why can't we get the
17
recordings?
18
MS.
: I didn't.
19
MR.
: No?
20
MS.
: I didn't.
21
MR.
: Okay.
22
MS.
: Hmm-mm.
23
MR.
: But now, your assumption
24
is, he fixed the cameras to get them back up
25
and running, and on the 10th, he was going to
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fix the recording part.
2
MS.
: He was there to finish
3
whatever that fixing was, and I'm assuming that
4
it was the recording part because they still
5
weren't recording on the 10th.
6
MR.
: Okay. But that was an
7
assumption on your end?
8
MS.
: That was just an assumption
9
on my end.
10
MR.
: And you didn't ask him
11
anything further on that?
12
MS.
: I didn't ask him anything
13
else.
14
MR.
: Okay. Sorry.
15
MS.
: No, I didn't.
16
MR.
: Go ahead.
17
MR.
: Do you recall having a
18
conversation with him on the 10th about him not
19
having access to the communication room?
20
MS.
: No.
21
MR.
: On the 9th. Him not being
22
able to access the room because there was no
23
one there to open the door for him?
24
MS.
: No. No. And he would be
25
able to have access to the room because all of
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the keys are located in the control center.
2
MR.
: But the center control would
3
be locked up, right?
4
MS.
: The control center, they
5
would - my keys would have been locked behind,
6
like, an emergency glass. But he's accessed my
7
keys in the past to fix the cameras.
8
MR.
: How would he access them?
9
MS.
: He would get permission from
10
the captain to get my keys because that's who
11
has to authorize the keys.
12
MR.
: And he would go to the
13
captain, and the captain would authorize it,
14
and he could just take the keys?
15
MS.
: I would hope so --
16
MR.
: Mm-hmm.
17
MS.
: -- that he would get
18
authorization, but he's been there late nights
19
when there has been nobody in SIS, fixing the
20
cameras.
21
MR.
: And you recall specific
22
situations where the captain has authorized him
23
to take your keys and go into the room?
24
MS.
: I can't say I was present
25
when he authorized him to take the keys. I'm
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not going to say that I was present. But --
2
MR.
: But you recall --
3
MS.
-- I recall times when I told
4
the captain, hey,
is going to stay late
5
because the camera system is not working, and
6
the captain say, okay, I'll be here. And he
7
would be and have access to that room.
8
MR.
: Does that mean
was
9
given the keys, or the captain would go in and
10
open the door for him?
11
MS.
: That, I'm not sure.
12
MR.
: Okay.
13
MS.
: That, I'm not sure.
14
MR.
: So, do you remember
15
around, approximately, what time it was on
16
August 8th that you learned that the cameras
17
were down?
18
MS.
: It was late in the afternoon.
19
MR.
: And you're positive it
20
was late in the afternoon?
21
MS.
: It was in the afternoon.
22
MR.
: And when you were
23
determining that these cameras were down, you
24
actually saw that they were -- because this is
25
the first we're hearing that there were blacked
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out cameras, all along we've been told they
2
were up, they just weren't recording, so there
3
was no way to tell that they were
4
MS.
: No. You --
5
MR.
: -- down.
6
MS.
: -- you had some cameras that
7
were offline completely, with an X, I don't
8
know if you've ever seen a camera system.
9
MR.
: So, was it still review,
10
videoing? Like, could you see it, but there
11
was this X on it, or was it just all black?
12
MS.
: No. You couldn't see.
13
MR.
: Okay.
14
MS.
: You couldn't see.
15
MR.
: And you're positive --
16
MR.
: So, seeing -.
17
MR.
: -- about that?
18
MS.
: I'm positive.
19
MR.
: So -.
20
MR.
: Okay. And then, so,
21
you're saying, and you're positive that it
22
happened late in the afternoon on August 8thf
23
MS.
: Yes.
24
MR.
: Because Captain
25
left early that day for a
appointment
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1
on the 8th. So, that goes back to, are you
2
sure you told him on the 8th? Because he
3
wasn't there.
4
MS.
: No. I spoke to Captain
5
about the cameras because he asked me,
6
was I going to fix the cameras? I know it
7
definitely was after the lunch, the lunch
8
break. So, between - it was afternoon time
9
between 12:00, 1:00.
10
MR.
: All right. So, when you
11
say late afternoon, before, you're now thinking
12
it was actually early afternoon?
13
MS.
: Well, that's late afternoon
14
for me when I get it --
15
MR.
: All right.
16
MS.
: -- because I get in 5:00 in
17
the morning. So --
18
MR.
: Okay.
19
MS.
-- I'm sorry. But it
20
definitely was somewhere after the inmates'
21
lunch. Between 12:00, 12:00 noon, I want to
22
say between 12:00 and 2:00. In that timeframe.
23
MR.
: Okay.
24
MS.
: I can't tell you exactly the
25
time. But it definitely was before I went
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home.
2
MR.
: Okay. So, you're
3
positive they were blacked out, you're positive
4
you told Captain
5
MS.
: Yes.
6
MR.
: Sorry. Go ahead,
7
MR.
: How many screens would you
8
think were blacked out?
9
MS.
: I don't even want to guess
10
because it was a lot of cameras up there, but
11
it was a good many. I know the housing units
12
were recording. The blacked-out cameras, it
13
was a lot of the corridors where we buzzed the
14
doors, and we opened, a lot of the corridors
15
were out. I do remember that. I do remember
16
the units were up. The housing units were up.
17
MR.
: So, let's talk about that for
18
a second. I know it's important for the
19
(Indiscernible *00:19:18), is it for the
20
cameras to be working?
21
MS.
: Very.
22
MR.
: Now, we have two situations.
23
One is, the camera feed not working, which
24
would mean being able to view the cameras live.
25
And second is the actual recordings not
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working.
2
MS.
: Okay.
3
MR.
: So, how important is it for
4
the camera feed to be working at all times?
5
MS.
: Very.
6
MR.
: Compared - I know, let's
7
talk, separate that out from the actual
8
recordings working. How often do people go in
9
and view the live feeds?
10
MS.
: It's my - this is just,
11
again, I would say it should have been daily
12
because since I've been at MCC New York, normal
13
practice was that the communication shop came
14
up every morning, went into that area where, I
15
don't know, like, the motherboard was at.
16
And they checked it. So, that's what I've
17
always was used to happening. And they will
18
say, hey, you got some cameras down, or A, B,
19
C, and D, because SIS uses the cameras a lot.
20
You know?
21
We going back for video. We looking for
22
fights. Like, you know, they're up on our
23
desks sometimes who we're just seeing who's
24
doing what. So, I would say daily that they
25
definitely should be monitored.
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MR.
: Okay. And if the camera
2
feeds were not working, I understand the
3
recorder is not, that the recording is not
4
there. And we might have spoken about this in
5
the past, but should
have gone home for
6
the day, or should the recordings, the feeds
7
been fixed immediately?
8
MS.
: I kind of don't know the
9
process of fixing the feeds because I know it
10
was times he said he had to order new cameras.
11
So, I don't know if they were fixable where he
12
had to order new cameras, and had to wait for
13
cameras to come in.
14
So, I don't even, I don't even know,
15
honestly, if he would have been able to fix
16
those cameras that was out, or if he needed to
17
order new cameras to fix those cameras that was
18
out.
19
MR.
: You mentioned there were
20
quite a few feeds out, right?
21
MS.
: Yes.
22
MR.
: Do you think it was possible
23
that he came in, he told you on the 10th that
24
he came in on the 9th and he fixed them. Is it
25
possible that he replaced all those cameras by
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the 9th?
2
MS.
: Oh, I don't know.
3
MR.
: Okay. Okay.
4
MS.
: I don't know.
5
MR.
: Any other follow up on that?
6
MR.
: No. I mean, I don't
7
think he was replacing cameras. Are you
8
talking about, like, hard drives that go with
9
the cameras?
10
MR.
: I think when she said about
11
the live feed --
12
MR.
: Yeah, yeah.
13
MR.
: -- she meant in order to see
14
the live feed, he would have to replace some of
15
the cameras.
16
MR.
: So, you think he actually
17
replaced the cameras
18
MS.
: I don't know --
19
MR.
: -- or something?
20
MS.
: -- if he would have to
21
replace them, but I know it was instances that
22
he would say, oh, I have to order new cameras.
23
So, I assume that those cameras are broke, and
24
they need to be replaced.
25
MR.
: Okay. Okay. So, on the
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1
8th, though, you knew that there was actually
2
two problems. One, that they were blacked out;
3
and two, that they weren't recording.
4
MS.
: Yes.
5
MR.
: And the ones that weren't
6
recording, were they the same ones that were
7
blacked out?
8
MS.
: Nothing was recording. At
9
all.
10
MR.
: Nothing. You couldn't
11
find anything recording?
12
MS.
: No. I couldn't.
13
MR.
: Because our understanding
14
was half of the cameras were recording and half
15
of them weren't. Just the ones you checked
16
weren't recording.
17
MS.
: Just the ones I checked. And
18
normally, that would be the housing areas will
19
be where I'll target because that's where the
20
inmates at, and that's where --
21
MR.
: Okay.
22
MS.
: -- unfortunately, the
23
incidents usually are.
24
MR.
: And what - you said prior
25
- I just want to make sure we're clear - with
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the ones that were blacked out were not the
2
housing units?
3
MS.
: No. I don't recall any
4
housing units being blocked out.
5
MR.
: But the housing units
6
were the ones that weren't recording?
7
MS.
: Right. I know they weren't
8
recording.
9
MR.
: So, there was just a
10
problem with basically all of the cameras that
11
you knew of.
12
MS.
: It seemed that way to me now.
13
Yes.
14
MR.
: And did you know, did you
15
provide that information to either AW
c.
16
Captain
17
MS.
: No. Not about the whole
18
system because I kind of don't know how it
19
works. So, I said to
hey, you got a
20
lot of areas that's blacked out. With a red X.
21
MR.
: Okay. And then, so,
22
knowing all that information, what is it that
23
you told Captain
24
MS.
: I just told him that I
25
couldn't get any - I couldn't go back. They
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weren't recording.
2
MR.
: Okay.
3
MS.
: I didn't say the whole
4
institution is not recording because I didn't
5
know.
6
MR.
: Okay.
7
MS.
: It's just the cameras that I
8
actually checked.
9
MR.
: Okay. And did you tell
10
him if it was, like, more than one, though? Or
11
did you just say, hey, I can't get anything
12
recording,
is coming to fix it?
13
MS.
: I can't recall saying more
14
than one.
15
MR.
: Okay.
16
MS.
: I can't recall using those
17
words.
18
MR.
: All right. And what
19
about AW
? Did you, then, fill her in
20
after you were reviewing the one camera?
21
MS.
: No. No. She left.
22
MR.
: She left --
23
MS.
: Yeah.
24
MR.
: -- so, and you never
25
talked to her --
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MS.
: No.
2
MR.
: -- about it again.
3
MS.
: Hmm-mm.
4
MR.
: All right. And did she
5
know the cameras were down, or did she just
6
know that you were having a problem rewinding?
7
MS.
: I think she - to be honest
8
with you - she only knew that I had a problem
9
because I couldn't playback that one unit.
10
MR.
: Okay.
11
MS.
: Because that's the unit that
12
we were looking at, which were the cadre units,
13
that they go home and go different places.
14
Because after we couldn't find that inmate, she
15
kind of just left.
16
MR.
: Okay. And have you
17
spoken with AW
since we last spoke?
18
MS.
: No.
19
MR.
: No?
20
MS.
: No.
21
MR.
: So, you didn't talk about
22
this matter with her?
23
MS.
: No. I just received, I want
24
to say an email, or it might have been - I
25
can't even say it was after or before, but I
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1
did receive notification from her that she CC'd
2
me on an email about my documentation because
3
these were my documents that were in her
4
office.
5
So, she said, hey, I just want to let you
6
know that I gave them to the warden, whoever
7
the warden was at that time, that was acting.
8
And he stated he would give them to legal.
9
MR.
: Okay.
10
MS.
: And that was it.
11
MR.
: And that's regarding your
12
memo that we have right here?
13
MS.
: All of my documents.
14
MR.
: Okay.
15
MS.
: Yeah.
16
MR.
: All right.
17
MS.
: This would have been included
18
19
MR.
: And what about --
20
MS.
in a pile of documents.
21
MR.
: -- and what about Captain
22
? Have you spoken with him since we last
23
spoke?
24
MS.
: No.
25
MR.
: Not at all?
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MS.
: I haven't seen him.
2
MR.
: Okay.
3
MR.
: Do you recall the video that
4
you were trying to pull up on August 8th? When
5
you were trying to rewind. Were you trying to
6
rewind the video for just that day, or from a
7
previous day?
8
MS.
: I was trying to go back to
9
that day, at that (Indiscernible *00:25:33)
10
MR.
: So, for August 8th.
11
MS.
-- yes.
12
MR.
: Not August 7th, 6th, or
13
anything like that.
14
MS.
: No.
15
MR.
: Okay.
16
MS.
: No.
17
MR.
: And you said it was 5-
18
South?
19
MS.
: It was 5 -. It was, I think
20
we were looking at 5-South and the 5-South
21
sally port. That may be a little foreign.
22
It's like the hallway.
23
MR.
: Yeah, sure.
24
MS.
: In between the two doors.
25
MR.
: That's where the elevator is.
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MR.
: And what
2
MS.
: Right.
3
MR.
: And what is 5-South?
4
MS.
: 5-South was the cadre unit.
5
MR.
: The cadre unit.
6
MS.
: Yes.
7
MR.
: All right. And can you
8
just explain, briefly, what does the cadre unit
9
mean?
10
MS.
: The cadre units are inmates
11
that was designated to MCC New York. So, they
12
was very in custody inmates, out custody
13
inmates, community custody inmates, but their
14
designation was to MCC New York.
15
MR.
: So, does that mean
16
general population, or is it something
17
different than general population?
18
MS.
: No. They're general
19
population.
20
MR.
: Okay.
21
MS.
: Yes. They call them the work
22
cadres. So, they work around the building, in
23
different departments.
24
MR.
: So, I'm going to clarify that
25
a little bit. A majority of MCC New York, are
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the inmates awaiting trial?
2
MS.
: Yes. Pre-trial.
3
MR.
: Pre-trial. Cadre unit, are
4
those inmates already sentenced?
5
MS.
: Yes.
6
MR.
: So, these are post-sentence
7
inmates. They are assigned to, already
8
sentenced, and they're
9
MS.
: Okay. Assigned to MCC New
10
York.
11
MR.
-- yeah. And now, these
12
cadre inmates, do they have any special
13
privileges?
14
MS.
: I wouldn't say special
15
privileges, but some do. Meaning, they can
16
work.
17
MR.
: Work. And what kind of work
18
do they do?
19
MS.
: You have some on the electric
20
detail. Some on the plumbing detail. You have
21
the outside detail, which was the day and
22
(Indiscernible *00:27:01) detail.
23
MR.
: So, they get to move around a
24
little bit?
25
MS.
: They move around.
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MR.
: Okay.
2
MR.
: Are they known as
3
orderlies?
4
MS.
:
Well, any inmate that work,
5
even pre-trial inmates who have a job is known
6
as orderlies.
7
MR.
: Okay.
8
MR.
: But cadres, do they get to
9
leave the facility?
10
MS.
: Some do.
11
MR.
: Some. They get to leave MCC,
12
some work as town drivers?
13
MS.
: Right.
14
MR.
: They go to the warehouse.
15
Come back.
16
MS.
:
Yes.
17
MR.
: Okay.
18
MS.
: Some do. Yes.
19
MR.
:
So, they are, like, low
20
risk inmates?
21
MS.
: They're supposed to be, yes.
22
MR.
: Okay.
23
MS.
:
Yes.
24
MR.
: But these are sentenced
25
inmates that have permanent - at that point,
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they were assigned to MCC.
2
MS.
: Yes.
3
MR.
: Okay.
4
MR.
: Okay.
5
MR.
: Anything else on -?
6
MR.
: I guess the last question
7
I would say is, do you know what it was you
8
were trying to watch? Like, what happened that
9
caused you to try to watch the 5-South video?
10
MS.
: I do. I can't recall the
11
inmate's name. We were looking for him because
12
we suspected that he was involved with an
13
incident that OIG Agent
(Phonetic Sp.
14
*00:28:00) was looking into, and myself.
15
So, this inmate name kept coming up.
16
can't remember if it was phones or, you know,
17
narcotics. I can't remember. But his name
18
kept coming up. And me and
stated,
19
okay, we're going to talk to this inmate
20
together, to see if he had any role in what we
21
were looking at.
22
And me and
talked, then I said, this,
23
, this inmate got released. And that's
24
what made me go and try to see exactly when he
25
got released, you know, let me track what time
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he got released, because me and
had even
2
spoke about going to - if he got released to
3
the halfway house - we were going to go to the
4
halfway house and speak to him.
5
MR.
: Okay.
6
MR.
: Okay. I'm going to move on.
7
MR.
: Go ahead.
8
MR.
: I have a document here.
9
MS.
: Yeah.
10
MR.
: This states, for the record,
11
number 104, timestamp 9:00, August 2019. Can
12
you let us know what we're looking at?
13
MS.
: I don't know what this is.
14
So, this was provided by
, from the com
15
shop.
16
MR.
: Okay. So,
provided
17
this to who?
18
MS.
: To me.
19
MR.
: To you?
20
MS.
: And I turned this over to OIG
21
because they requested the call. The call
22
logs.
23
MR.
: So, is that --
24
MS.
: So, this is the call log.
25
But this is foreign except for the date and the
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end date.
2
MR.
: So, you wouldn't understand,
3
you wouldn't know what this is about?
4
MS.
: I just know it's a call log.
5
MR.
: Okay.
6
MS.
: Because this is what he gave
7
me. So, I'm assuming this is the date somebody
8
made a call. Again, the end and time. What
9
time the other person answered. Just from
10
looking up here, at the top of it. Everything
11
down here, I don't know.
12
MR.
: Now, did
give that to
13
you based on a request that you asked him for?
14
Did you ask him for a call, a specific call
15
log?
16
MS.
: I want to -.
17
MR.
: Well, read the date and
18
time, and then --
19
MR.
: So --
20
MR.
: -- maybe that will help.
21
MR.
: -- the start date on this is
22
August 9th.
23
MS.
: Mm-hmm.
24
MR.
: 2019. The answer date is
25
August 9th, 2019.
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MS.
: Mm-hmm.
2
MR.
: And the end date is August
3
9th, 2019
So, it's the same date, right? And
4
the start time is 18:58:03. So, that means
5
6:58 p.m.
6
MS.
: Okay.
7
MR.
: The answer time is 6:58:22.
8
So, that means --
9
MS.
: Mm-hmm.
10
MR.
-- 6:58 p.m. And the end
11
time is 19:19. That's 7:59 p.m.
12
MS.
: Okay. Yeah.
13
MR.
: So, the call, it seems that
14
it lasted about 21 minutes.
15
MS.
: About 20 minutes. Yeah.
16
Again, whatever call logs that I asked him for
17
was call logs that was asked from OIG of me,
18
hey, I need the call log. They asked for it.
19
I know they asked for the Special Housing
20
Units. How many phones were up there. And --
21
MR.
: And by looking at that,
22
are you able to tell if that was a Special
23
Housing Unit call?
24
MS.
: I don't know.
25
MR.
: Does it show anything on
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there,
2
MR.
: There is a caller station,
3
there is numbers and everything, but it doesn't
4
state specifically.
5
MR.
: Okay. Do you know
6
anybody that made a call from the MCC on August
7
9th, 2019, at approximately 7:00 p.m. that
8
would be of interest for people that were
9
investigating?
10
MS.
: I don't know.
11
MR.
: So, do you know anything
12
about Epstein calling and placing a telephone
13
call from the SHU on August 9th, 2019?
14
MS.
: Only word of mouth, that I
15
heard when I got there on the 10th, that he - I
16
want to say the unit manager gave him a call -
17
because that was the discussion - the unit
18
manager gave him a call to his mother.
19
And at that point, they were saying his
20
mother was dead. And I don't know if this is
21
the call, because I don't know how to read it,
22
but I did hear that part of it.
23
MR.
: And do you remember if
24
you asked
for that specific information?
25
Did Epstein place a call?
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MS.
: I wouldn't have asked him did
2
he place a call? I would have asked him
3
whatever phone numbers that OIG asked me for.
4
MR.
: Okay. Now, as far as the
5
information that you just said, which unit
6
manager provided who a call?
7
MS.
: It's my understanding that
8
Unit Manager Bullock gave Mr. Epstein the call.
9
MR.
: Okay. Sometime on, in
10
the night of August 9th, 2019?
11
MS.
Mm-hmm. That's my
12
understanding. But that was just hearsay.
13
People speaking. I didn't witness him give a
14
phone call. No.
15
MR.
: But you don't know if
16
that's the call log for him?
17
MS.
: I have no idea.
18
MR.
: Okay.
19
MR.
: And based on that, if this
20
was the request for that, if this was the
21
request for that call log, and this was what
22
the communications tech pulled up, the call log
23
that he pulled up, and this is for the SHU,
24
would this be the phone number listed on the
25
call log?
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MS.
: Oh, I don't know.
2
MR.
: Okay.
3
MS.
: Because I wouldn't have had
4
the number.
5
MR.
: Okay.
6
MR.
: And we'll just have her
7
initial and date both of these.
8
MR.
: No problem. On both these
9
documents, just initial and date --
10
MR.
:
So
11
MS.
: Okay.
12
MR.
-- not attesting to it, it's
13
just that, these are the documents we showed
14
you.
15
MS.
: No problem.
16
MR.
: And one is the memo from
17
August 10th, and the other is the call log from
18
August 9th.
19
MS.
: Okay.
20
MR.
: And again, it's 3/16/22.
21
MS.
:
Yes, sir.
22
MR.
:
Do you know what
23
Acknowledgement of Inmate form BP-408 is?
24
MS.
: BP-408? Oh, I've been out a
25
while. BP-408. I'm not sure what -.
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MR.
: Give her some
2
MS.
could you
3
MR.
: -- yeah. Give her some
4
context to that.
5
MR.
: I'm going to read.
6
MR.
: So, when someone gets a
7
pack and PIN, or they're able to use the inmate
8
telephone system, would they have to sign
9
something called an Acknowledgement of Inmate
10
form, BP-408?
11
MS.
: I'm not sure. Because I've
12
never dealt with their pack and PIN numbers.
13
MR.
: So, I'm going to read you
14
this. I'm just going to read you this, so that
15
you can kind of get a
16
MR.
: It's going to be separate.
17
MR.
: -- full. Well, and you
18
go. Because you
19
MR.
: Okay.
20
MR.
: -- probably understand
21
more. Go ahead.
22
MR.
: So, do you know anything
23
about pack and PINs? When an inmate is
24
assigned pack and PINs?
25
MS.
: Vaguely. A little about the
EFTA00127169
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pack and PIN numbers.
2
MR.
: Okay. So, do you know if
3
Epstein was assigned a pack and PIN?
4
MS.
: Oh, I don't know.
5
MR.
: Okay. Well, our
6
understanding was Epstein needed to be assigned
7
a pack and PIN, and because he was at attorney
8
conference all the time, he was never available
9
for a pack and PIN to be set up for him.
10
And what we're trying to find out is, if
11
Epstein was ever assigned a pack and PIN, and
12
if he was assigned a pack and PIN, did he ever
13
sign a form called Acknowledgement of Inmate
14
form, BP-408?
15
MS.
: Oh, I don't know.
16
MR.
: What about if an inmate
17
is afforded a legal call? Do they have to sign
18
a form?
19
MS.
: Normally, they request the
20
legal call. This is my knowledge of being a
21
lieutenant. They put a cop-out into their unit
22
team, requesting that a legal phone call, and
23
somebody from their unit team will come up with
24
a logbook, I guess after they verify that that
25
is their attorneys number, and they tell the
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attorney, okay, we're going to set up this
2
phone call for 10:00. Then they will go up and
3
give the phone call to the inmate, and log it
4
in the legal call back.
5
MR.
: But you're not aware of
6
any kind of form that they need to sign as
7
opposed to just the logbook?
8
MS.
: I'm not sure because that
9
would be unit team.
10
MR.
: Okay. But you're not -
11
you don't remember a BP-408, an Acknowledgement
12
of Inmate form, or what it is?
13
MS.
: No.
14
MR.
: Okay.
15
MR.
: Where would we find that? If
16
that's a form that we're looking for, inmate
17
had signed something like that, where would
18
that be kept?
19
MS.
: I would think it would be in
20
the inmate's central file.
21
MR.
: And that would be in the
22
central office?
23
MS.
: And I would think the unit
24
team members would have the central file in
25
their area.
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1
MR.
: Okay. And if the inmate was
2
in the SHU, it would be in the SHU?
3
MS.
: It would still be with the
4
unit team that the inmate was assigned to.
5
MR.
: Okay. And now, I'm going to
6
read you a paragraph here. This is about
7
federal regulations.
8
MS.
: Okay.
9
MR.
"Federal regulations require
10
that the warden of each BOP institution
11
establish procedures to monitor inmate
12
telephone conversations, which is done to
13
preserve the security and orderly managing of
14
the institution, and to protect the public.
15
For safety and security reasons, BOP
16
policy requires that all inmate telephone calls
17
be made through the inmate telephone system,
18
ITS. BOP policy recognizes that on rare
19
occasion, in times of crisis, inmates may be
20
permitted to make a telephone call outside of
21
the ITS.
22
In such circumstance, the telephone must
23
be placed in a secure area; example, in a
24
locked office, and must be set to record
25
telephone calls. Additionally, the staff
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1
member coordinating the call must notify the
2
BOP Special Investigative Services (SIS) via
3
email, providing the inmates' name and register
4
number, the date and time of the call, the
5
number and name of the individual called, and
6
the reason for the call. SIS must enter this
7
information into the telephone recording system
8
within seven days."
9
MS.
: Okay.
10
MR.
: Do you recall if you ever got
11
notified about a call like this for Mr.
12
Epstein?
13
MS.
: No.
14
MR.
: Okay. Was it standard
15
practice at MCC if an inmate was ever afforded
16
a call like this, would you ever get an email?
17
MS.
: No. I've never gotten an
18
email.
19
MR.
: Were you ever been aware
20
of this requirement?
21
MS.
: No.
22
MR.
: Were you ever aware that
23
inmates were given calls like this where a unit
24
team member, let's just say if an inmate wasn't
25
given a pack and PIN, a unit team member would
EFTA00127173
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1
sometimes plug a line in to the legal line, and
2
would let them make phone calls to personal
3
MS.
: No.
4
MR.
: -- family members?
5
MS.
: I didn't know.
6
MR.
: Do you know if that was
7
against policy if they did something like that?
8
MS.
: In my opinion, yes, it's
9
against policy because the legal line is for a
10
legal phone call.
11
MR.
: And what happens if they were
12
to allowed to do something like that?
13
MS.
: What happens to who?
14
MR.
: No. What happens if an
15
inmate is allowed to -? What is a call like
16
that, if they have to make a call to a
17
personal, a personal call, why does the call
18
have to be made on a recorded line?
19
MS.
: Because it can be a safety
20
issue if they have an unmonitored call, because
21
there's no way for us to go back and listen to
22
the call. It could have been a threat. You
23
know, it could have been something that could
24
have just been a catastrophe, and that you have
25
no way of knowing.
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That's why we have that ICS system in
2
place, so we can go back and listen to the
3
calls, and we can identify anything that was
4
abnormal.
5
MR.
: And I know this is Monday
6
morning quarterbacking the situation, but a
7
situation like this, with Mr. Epstein, the fact
8
of the circumstances that surrounded what
9
happened between August 9th and 10th, looking
10
back that he was allowed to make a phone call
11
like that on August 9th, should that have been
12
allowed?
13
MS.
: No. In my opinion, no.
14
MR.
: Why not?
15
MS.
: It goes back to what I
16
stated. We have no way of monitoring those
17
phone calls. So, we don't know if - you know,
18
just an example - if I may, we don't know if it
19
was to intimidate a witness.
20
We just don't know the context of the call
21
because we can't go back to listen. We don't
22
even know in the call if he was saying, hey,
23
I'm feeling like this, because you have no way
24
of going back and listening to that call.
25
MR.
: And being that someone, that
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1
he was allowed to make that phone call, should
2
someone have been standing there with him,
3
monitoring that phone call?
4
MS.
: Yes.
5
MR.
: Okay. And should that have
6
been logged up?
Should that have been a log?
7
That a call like that was made.
8
MS.
: Yes.
9
MR.
: Okay. Anything else on that?
10
MR.
: You just have a question
11
here. On that last note.
12
MR.
: The call log?
13
MR.
: This one. Sorry.
14
MR.
: Oh. I think she answered
15
that.
16
MR.
: Okay.
17
MR.
: You mentioned before the call
18
log that we showed you, that's the call log --
19
MR.
: Oh, that's the log --
20
MR.
: -- that's the --
21
MR.
:
I thought you were
22
talking about this other log that you just
23
mentioned.
24
MR.
: No, no, no.
25
MR.
: I'm sorry.
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1
MR.
: That call log that you said
2
that --
3
MR.
: No. Disregard.
4
MR.
okay.
5
MR.
: You can move on.
6
MR.
: No problem. Now, we're
7
moving on to August 10th.
8
MR.
: Okay.
9
MR.
: Would there be a record of
10
the exact time Correctional Officer Tova Noel
11
pushed the emergency button on her radio? Like
12
-?
13
MS.
: I'm not too sure if -.
14
know when you key up the radios, they do
15
register on the control panels. In the control
16
center. But I don't know if that's recorded,
17
where they can run, like, that's how they ran
18
the telephone log. I'm not too sure. Only Mr.
19
Daniels will know that because he's a com shop.
20
MR.
: So, he would be able to pull
21
it up?
22
MR.
: Maybe. He would be the
23
only one --
24
MS.
: He would be the only one --
25
MR.
: -- to answer.
EFTA00127177
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MS.
: -- that --
2
MR.
: Could answer it.
3
MS.
: -- would know if you can go
4
back and pull those timeframes up.
5
MR.
: So, just to run through the
6
day. Let's just say Michael Thomas, Tova Noel,
7
the situation, they're up there on the tier,
8
and they discover Epstein.
9
MS.
: Yes.
10
MR.
: And they wanted to hit the -
11
they wanted to notify control, hey, there is an
12
emergency. How would they notify control?
13
MS.
: They should hit their body
14
alarms which --
15
MR.
: Which is located where?
16
MS.
: -- on their radio.
17
MR.
: So, they both have a radio,
18
or just one person?
19
MS.
: Up in the SHU, they both
20
should have radios. But I don't know if they
21
both had radios. But I know a body alarm is
22
assigned to the Special Housing.
23
MR.
: It's assigned. And the body
24
alarm is where?
25
MS.
: The body alarm, one of the
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1
officers have to carry it. I'm not too sure if
2
they all do. I really can't remember. But I -
3
4
MR.
: Is it separate from the
5
radio?
6
MS.
: -- no.
7
MR.
: Or no, no. It's a button on
8
the radio --
9
MS.
: It's just a button on the
10
radio.
11
MR.
: -- okay.
12
MS.
: And once you hit that body
13
alarm, it goes throughout the whole building,
14
on everybody's radio.
15
MR.
: And at least one officer in
16
the SHU is assigned that?
17
MS.
: At least one officer should
18
have the body alarm in the SHU.
19
MR.
: So, it's just a special
20
radio that has an alarm?
21
MS.
: Yes.
22
MR.
: But it's called the body
23
alarm?
24
MS.
: They're called body alarms.
25
MR.
: Okay.
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1
MR.
: What does it look like on the
2
radio?
3
MS.
: It's an orange button.
4
Orange or red button.
5
MR.
: And when they hit it,
6
everyone gets notified?
7
MS.
: It goes across all the
8
radios.
9
MR.
: And what is normal practice?
10
Like, once it hits, what transpires?
11
MS.
: Whoever is in the building
12
responds to that area. When you hit that body
13
alarm, it pops on the control panel, and a big
14
screen, and we can see exactly where it's
15
coming from.
16
MR.
: Okay. And is that the
17
control officer?
18
MS.
: The control officer will call
19
it. You know, we have a body alarm in the
20
Special Housing Unit.
21
MR.
: And who is supposed to
22
respond?
23
MS.
: Normally, everybody who has a
24
radio and who is not supervising inmates
25
respond to that area.
EFTA00127180
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MR.
: Every supervisor?
2
MS.
: If they're in the building,
3
they should be.
4
MR.
: What about if you are
5
assigned the housing unit? Are you allowed to
6
leave the housing unit?
7
MS.
: No.
8
MR.
: No.
9
MS.
: You're not supposed to, no.
10
MR.
: But if, let's say you're
11
internal and you're moving around, you're
12
supposed to respond?
13
MS.
: Yes.
14
MR.
: So, as long as you're not
15
assigned to a housing unit, and you're just
16
there in the facility, you're supposed to
17
respond?
18
MS.
: Right.
19
MR.
: Is there certain officer
20
that's assigned to respond for emergencies.
21
MS.
: No. There is no specific
22
assignment.
23
MR.
: Okay. What is the average
24
time it takes for additional correctional
25
officers to respond in a case of emergency?
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1
MS.
: Normally, within two to three
2
minutes.
3
MR.
: But it's not, like, oh, yeah,
4
and you ring the, you put the - or you press
5
the body alarm, it's like a matter of seconds,
6
oh, yeah, someone is there, it takes about two
7
to three minutes on average?
8
MS.
: Yes. If somebody is there in
9
a matter of seconds, that mean they're right
10
outside the door when that alarm went out, but
11
most of the time, we have to get elevators, we
12
have to run up the stairs. So, we have to get
13
to the area.
14
MR.
: Okay. Is there one officer
15
controlling the elevator?
16
MS.
: The control center is
17
controlling the elevator.
18
MR.
: So, that control officer
19
would have to know where the officers
20
MS.
: To pick --
21
MR.
are going?
22
MS.
everybody up. Because
23
everybody will come across the radio. Hey,
24
pick me up on two. Pick me up on three. Pick
25
me up on four. So, that officer has to start
EFTA00127182
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picking up from every floor.
2
MR.
: Do they keep a log of
3
everything that transpires when an emergency
4
happens?
5
MS.
: What do you mean, a log of
6
everything --
7
MR.
: Let's just say --
8
MS.
-- that transpires?
9
MR.
-- like, the stuff that comes
10
over the radio. Like, the calls that come
11
over, and when a body alarm is hit, do they
12
keep track of, hey, this call came over the
13
call, or this person responded.
14
MS.
: The practice should be, once
15
the body alarm goes off, that control center
16
has a logbook, as well. So, the control center
17
officer should have that in their logbook.
18
7:15, a body alarm went off in the Special
19
Housing Unit, for example.
20
MR.
: Okay.
21
MS.
: And if I was the responding
22
lieutenant, and I cleared that body alarm,
23
let's say at 7:20, that logbook should also
24
say, 7:20, body alarm cleared by Lieutenant
25
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1
MR.
: Okay. And this logbook, it's
2
called the control officer logbook?
3
MS.
: Yes.
4
MR.
: Okay. Okay.
5
MR.
: How often do body alarms
6
go off? Or would they, around that time? Is
7
that, like, a daily occurrence, or is it
8
weekly, or -?
9
MS.
: I want to say almost daily,
10
it's body alarms.
11
MR.
: Okay. So, people are
12
very familiar with what to do when a body alarm
13
14
MS.
: Yes.
15
MR.
: -- goes off. Now, just a
16
quick question. If an operations lieutenant is
17
relieved at, like, 6:00 a.m., let's say, or
18
prior, the alarm goes off at 6:33, but that
19
operations lieutenant is still in the building,
20
working on documentation, would that operations
21
lieutenant, even though they've been relieved,
22
would they be required to respond --
23
MS.
: They should. Yes.
24
MR.
: -- they should still
25
respond?
EFTA00127184
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MS.
: Yes.
2
MR.
: So, even though they've
3
been relieved for their shift --
4
MS.
: Yes.
5
MR.
:
should -.
6
MS.
: You still should respond
7
because you're physically still in the
8
building.
9
MR.
: Okay. And would that
10
operations lieutenant have given back their
11
radio, though, already if they were already
12
relieved? Or would they still have a radio on
13
them?
14
MS.
: If they're sitting in the
15
office, well, let me backtrack so I don't seem
16
confusing. The operations lieutenant that was
17
relieved would turn the radio up to the
18
relieving lieutenant.
19
So, we're not assigned individual radios.
20
You have one assigned for operations
21
lieutenant, and one assigned for activities
22
lieutenant. So, if I relieve you,
, I'm
23
going to give you - you're going to give me
24
your radio and your keys.
25
MR.
: So, if that person was
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1
relieved, and then is working on documentation,
2
how would they know that a body alarm was
3
activated?
4
MS.
: Normally, you hear it.
5
MR.
: Oh, so, everyone could
6
hear it?
7
MS.
: Yeah. You hear it.
8
MR.
: Okay. So, like, because
9
it's a loud sound?
10
MS.
: Yes.
11
MR.
: Does it go throughout the
12
institution? Or just on the radios?
13
MS.
: It just go on the radios, but
14
it's really loud. So, even if somebody is
15
using the bathroom, if they have their radio,
16
you hear it.
17
MR.
: Okay.
18
MS.
: You hear it.
19
MR.
: Like, as in, like, if a
20
radio is going off outside of the bathroom,
21
even if they don't have their radio in the
22
bathroom, is that what you mean?
23
MS.
: You'll hear it.
24
MR.
: Okay. So --
25
MS.
: You'll hear it.
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1
MR.
: -- the person using the
2
restroom would hear a radio that was outside of
3
the restroom, is what you mean?
4
MS.
: Yes.
5
MR.
: Okay.
6
MS.
: And then, the lieutenant's
7
office, the way it's set up in MCC New York, is
8
we also have the Nice camera system set up with
9
big screen TVs, as such. So, if you are there
10
and you see people running, your first instinct
11
going to be, what's going on? Everybody is
12
running.
13
MR.
: Okay.
14
MR.
: So, if you're still in the
15
office, and --
16
MS.
: If you're in the office.
17
MR.
: -- office, and you're still
18
doing work --
19
MS.
: Mm-hmm.
20
MR.
: -- you should be able to see.
21
MS.
: Yes, because I think it's
22
about three or four big screen TVs in there.
23
MR.
: Now, is it a requirement
24
that they respond, or just they should respond?
25
MS.
: I don't, I can't recall a
EFTA00127187
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policy on if you've been relieved, but you
2
definitely should respond.
3
MR.
: Okay. Would that be a
4
sound correctional judgment?
5
MS.
: Yes.
6
MR.
: Okay.
7
MR.
: I'm going to move on.
8
MR.
Yup.
9
MR.
: I'm going to, this document
10
that I'm showing you --
11
MS.
: Yes.
12
MR.
: -- is dated Friday, August
13
9th, 2019. And then, the back is dated
14
Saturday, August 10th, 2019. Can you let us
15
know what this document is?
16
MS.
: Yes. Well, this is called
17
the SHU locator form.
18
MR.
: What does that mean?
19
MS.
: It's basically all of the
20
ranges in SHU, and the cell numbers, and the
21
inmates that's assigned to the cells.
22
MR.
: Okay. So, basically, a
23
roster for the SHU.
24
MS.
: It's a roster for the SHU,
25
cell assignments, who's the cell, assigned to
EFTA00127188
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what cell.
2
MR.
: Okay. And then, the bottom
3
here, on L-tier, 220-U, and 220-L. Who are the
4
inmates assigned on there?
5
MS.
: Inmate Reyes and Inmate
6
Epstein.
7
MR.
: What is C/F? You see the
8
letters next to Epstein's name, it says C/F?
9
C/F.
10
MS.
:
Yes.
11
MR.
: What does that mean?
12
MS.
: Common fear. Common fear
13
meal. Meaning, he got some kind of, I don't
14
know what was his religion.
15
MR.
: So, it's --
16
MS.
: But it's a religious --
17
MR.
: -- yeah.
18
MS.
: -- meal.
19
MR.
: Okay.
20
MS.
: That's the common fear.
21
MR.
: I just wanted to get
22
clarification on that.
23
MS.
: Mm-hmm.
24
MR.
:
Just have her initial and
25
date it.
EFTA00127189
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MS.
: Okay.
2
MR.
: Next document, it states
3
"United States Department of Justice, Federal
4
Bureau of Prisons, MCC New York. Transfer
5
Receipt." This is dated Friday, August 9th,
6
2019. Received from L.
Warden MCC
7
New York. "Following United States prisoners."
8
Sorry, it's a little tough to read.
9
MS.
: No.
10
MR.
"Prisoners together with
11
complete files for transfer as indicated WAB,
12
USMS, SDNY." What is this document?
13
MS.
: I have -. This is an R&D -.
14
MR.
: So, you've never seen one of
15
these documents?
16
MS.
: Documents. I don't know what
17
that is. Well, it's a transfer receipt. But I
18
don't know when they do it, and for, obviously,
19
why they do it. I don't know.
20
MR.
: But you've never seen one of
21
these before?
22
MS.
: No. I've never physically
23
seen the transfer receipt.
24
MR.
: And this is not, you don't
25
think this is one of those documents that goes
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out to the units, saying these are the inmates
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that are getting transferred?
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MS.
Hmm. I don't think so.
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Because I've never seen it. As a lieutenant, I
5
would have seen it, and if we had good officers
6
in there, I would have received a copy, as
7
well. I've only seen the rosters. The
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physical rosters. Never the transfer receipts
9
go out to the unit.
10
MR.
: And when you say it's a
11
transfer receipt, does that mean that it's
12
created after the prisoner is transferred?
13
MS.
: I don't know.
14
MR.
: Okay.
15
MS.
: I don't know.
16
MR.
: The signature on that bottom.
17
Do you recognize that name by any chance?
18
MS.
: No.
19
MR.
: Okay.
20
MS.
: (Indiscernible *00:50:39).
21
don't know who that is.
22
MR.
: Okay. No problem.
23
MR.
: Two minutes. Two
24
minutes.
25
MR.
: And this is just the last
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set.
2
MS.
: Sure.
3
MR.
: What I'm showing you are
4
pictures. It is in black and white.
5
Unfortunately, we were not able to print it in
6
color. There's two pictures here. I need -
7
we'll get you to (Indiscernible *00:51:03)
8
after.
9
MS.
: Sure.
10
MR.
: These are, these pictures
11
were taken by the coroner's office, just to
12
clarify.
13
MS.
: Okay.
14
MR.
: And these were taken at the
15
MCC, just to clarify. These look like AED
16
(Phonetic Sp. *00:51:19) machines?
17
MS.
: Yes.
18
MR.
: And do you know what this is?
19
MS.
: It looks like a --
20
MR.
: (Indiscernible *00:51:24).
21
MS.
-- a home-made noose.
22
MR.
: A home-made noose.
23
MS.
: Yes.
24
MR.
: Have you seen this before?
25
MS.
: Yes.
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MR.
: Do you know what this is?
2
And to us, in the - because it's in black and
3
white, and I know in the picture it looks black
4
5
MS.
: Mm-hmm.
6
MR.
: -- to us, in color, it looks
7
like a curtain.
8
MS.
: No. It looks -. How can I
9
? It's like a divider.
10
MR.
: Okay.
11
MS.
: On wheels.
12
MR.
: That's what we need you to
13
clarify. So, where is this picture taken?
14
MS.
: I'm not too sure where they
15
took this picture at.
16
MR.
: The divider on wheels. Was
17
this something that was brought up to the SHU,
18
or was this somewhere else?
19
MS.
: I don't know. I don't know.
20
MR.
: Do you recall something like
21
that, like, that was brough up into the SHU to
22
cover up Epstein's cell, or was this brought in
23
the health center to help?
24
MS.
: I don't know.
25
MR.
: Would the divider be -
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an inmate committed suicide - would a divider
2
be put up outside of his cell so that other
3
inmates can't see what's going on?
4
MS.
: I've never seen a divider put
5
up.
6
MR.
: Okay.
7
MS.
: Since I've been a lieutenant.
8
MR.
: Okay. No problem. Can you
9
initial and date?
10
MR.
: Do you know if there was
11
a divider put up after Epstein was removed, so
12
that - because it was a crime scene?
13
MS.
: I don't know. When I got
14
there, there was no divider up.
15
MR.
: Okay. So, you don't
16
recall --
17
MS.
: Once I arrived. No.
18
MR.
: -- you don't recall
19
MS.
: I didn't see
20
MR.
: -- a divider.
21
MS.
a divider.
22
MR.
: Okay.
23
MS.
: No.
24
MR.
: Since the last time we spoke,
25
was there anything else that came to mind you
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think that you would want to share with us,
2
anything else that you think would be pertinent
3
to our investigation?
4
MS.
: Nothing that I thought about.
5
I felt like you guys touched on everything when
6
we spoke.
7
MR.
: Well, thank you again for
8
taking the time --
9
MS.
: No problem.
10
MR.
: -- to talk to us.
11
MS.
: Any time.
12
MR.
: All right. Thank you,
13
thank you.
14
MS.
: No problem.
15
MR.
: Oh, and just, you still
16
are a lieutenant, you said? Correct?
17
MS.
: Yes.
18
MR.
: And you're right now
19
assigned to the MDC --
20
MS.
: Yes.
21
MR.
: -- but on leave?
22
MS.
: Yes.
23
MR.
: Okay. But you're
24
expecting to return to the MDC?
25
MS.
: Yes.
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MR.
: Okay. Thank you.
2
MS.
: You're welcome.
3
MR.
: This is Special Agent
4
The time is 10:48 a.m., and we are
5
stopping the recorder.
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CERTIFICATE
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I hereby certify that the foregoing pages
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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
/tette SeeA745--
Brianna Rose Burton, Transcriber
EFTA00127197
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