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Good Morning, He has active refillable Rx-Vascepa which was dispensed on 7/17 for a 30 day supply..? We can place them on PL starting tomorrow. Vascepa is on order. No n( for back pain on file. Thank You, , PharmD, MS, BCACP CAPT, U.S. Public Health Service Chief Pharmacist MCC New York 150 Park Row, New York, NY 10007 Phone: Fax: "This message is intended for official use and may contain SENSITIVE information. If this message contains SENSITIVE information, it should be properly delivered, labeled, stored, and disposed of according to policy." Commissioned Corps of the United States Public Health Service - "Protecting, promoting, and advancing the health and safety of the Nation" » > Good morning all, 7/30/2019 7:48 AM > » The above inmate's attorneys have recently alleged he is not receiving cholesterol or back pain medication. Please see him for these and other complaints. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 f SONY_00016821 Page 11623 EFTA00138731 Epstein, Jeffrey Edward, Reg. No. 73618-054 From To Date Subject: Attachments: 2019/08/12 16:02 Epstein, Jeffrey Edward, Reg. No. 73618-054 TEXT.htm, Epstein Psych Observation 7-8-10-2019.pdf, Epstein Psych Observation 7-24-30-2019.pdf, Epstein SW Chronological Lo & Epstein SW Chronological Log 7-23-19.pdf, FYI S/W and Psych Ops docs Associate Warden MCC New York 150 Park Row New York, NY 10007 ext. 6451 SDNY_00016822 Page 11629 Page 220 EFTA00138732 Mail Attachment Epstein Psych Observation 7-8-10-2019.pdf SON\100016823 Page 11633 Page 221 EFTA00138733 MGer_rb.' PSYCH OBSERVATION LOG NAME: /— c:F4 OBSERVATION STARTED: PLEASE RETURN LOG TO PSYCHOLOGY AFTER THE OBSERVATION HAS ENDED. THANK YOU. Regular Clothes Safety Toothbrush Newspaper/Magazine Books (softcover only) Safety Pen and Paper Toilet Paper Legal Mail Other SW Blanket & SW Mattress must be used even on Psych Observations. If nothing is checked with a silver marker, only a Suicide Smock and Suicide Blanket are allowed. EFTA00138734 Name of Inmate On Suicide Watch or Psych Observation: Registration #: 19313-()5ti EATING/SHOWER CHART Erie i n DATE BREAKFAST LUNCH DINNER LIQUIDS OFFERED SHOWER RECEIVED SHOWER • 711619 Please check the appropriate box if the person on Suicide Watch/Psych Observation actually eats his meal. Do not check the box if he just received it, but did not eat it. Place a check in the "Liquids" box each time the person drinks. Thank you. 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INANE YOU. itigIVIS ALLOWED: Regular Clothes .7- Safety Toothbrush Newspaper/Magazine ‘e:__Books (softcover only) tee Safety Pen and Paper of Toilet Paper : ___2•Jt Legal Mail Other SW Bianitet & SW Mattress must he used even on Psych Observations. If nothing is checked with a silver marker, only a Suicide Stnock and Suicide Blanket are allowed. EFTA00138748 Name of Inmate On Suicide Watch or Psych Observation: &'''...79a.--64-2 Registration #: 9-6 7/Ar EAT NG/SHOWER CHART DATE a7 4 -7V4 BREAKFAST LUNCH DINNER LIQUIDS tVv't/ OFFERED SHOWER RECEIVED SHOWER 17' 7 Please check the appropriate box if the person on Suicide Watch/Psych Observation actually eats his meal. Do not check the box if he just received it, but did not eat it. Place a check in the "Liquids" box each time the person drinks. Thank you. 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's 0-okrt 4* 1.2A -01C 3.2 t,a- Aiaaltv4)2. ?AI -J.* ' 11111 i 9..4223 WA t•cl - --q',8-14K--51-4---teact-,;:s-- cs- iacbAtep • 1 ' )5-..1 -5, bet i i Si - )A -49e cti .*//-1. te5W. ,N.S CA.W1/415 -t-Aysfn 1 1 -- irc -ttp t•Att-t LoJx‘a ws____Lis V, v stt Ise- 5 (01.PRI-k '7,--t_±,p5-te7-0,) silo ci-le 475)\) / ht-- )-12 rzlinikli 0 =i Cie- tau itt_s (6) 3c7A,..t %i St it 00* °IQ L tpS4C3-N.I Sts_u Pt SW WP C4A t75SC__7. 1_1___CD&L-ECII•Lietnac eAt_r) ti t :94,r17- EFTA00138764 eSdeeldne9 1,77 c.c /0 -1.7 afrecid"--- W:r ?Ydzelef;22- 61, 06 r (Ai 19(d_077 EFTA00138765 6f-e(a-fr 9b5/dt-05--5 oE cufae7 ~aft %ta.&_ott eea~- ceo-id CND OF SHIFT iti~i) - 2 4. ilf-fm- 1-1nre-CoMPM-lim, *Gm - ASSOPlas -gespwsier(rrif- Po-g- -2wAmi ppste riCt( 3 G3i gssti om PSYCH WATCH I>v catt.q -a2i - fl-kMAT-e -e?S-a- 7t - - Dorf- F95€5 PM - ;- 5-N- -DMA TE-FPSTET.»- -cot - -erg- Le&A.L,. _ 3: 30Pfrt -3;15-N q: øØ PM -ITT L1 3v5N 5: Ø (6 PM 1M/'IAT &eSTEZJ IS our o» LEGAL VISIT IMIATG• GPSTETP IS O0T OA) LEG4c. 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Rc5 1.4 ii-itt cp2o.c..s _Atz, e+0 .. SVi.L?_ trt - h.cEl Ss- ske.-5.44 --5-s sanA c\s‘te Itt ---- Ift_Yjkit -41m Ep-it?pl.iL' /At c_t_s_ 03.1 fr3) custincs kee: Welt)A-1-4 PAA -EF:6-1-f•i_...ILS St. a CtSti II-CS a 11-M—Ml —Ca-hrk- Acs\tit ht u-i-?/- lim -E 1- -- -- -- 0 rmgl, cfacrVeSe_fri _SA' S - tl_M:st—cieSift- CbtC3 CAS__ __-kke... 'e \ v. at A .s AatMilAse rir It 0 P - 14 - 7 4StD7-4 7=t-1 Nk%b CLIabilaitCsilic_Vi Si- ViD S t 1 r----Qr- oc---iscis g:70 T At rph„-_____ Jim.nt,tu; -otiit we 6-D 71 6-4 0-tfr n- aN9 it t; Lat. 14ASAA4-4-9-ti opt?"4t -t-- EFTA00138771 I I ifrt4,4pt 76,N- 0 5 if 710.07 - cc-tal-4 9 ,5444,- q C Dick lc '_LAC 3Lotoci-r O;00 as 10:1C (o:cf,f -t-Ay - e w u - • 1. R" tA-a-cAg- 74,7 -gia24240; aohofra ado I-P1;44QJz -ay .404( 7444 ezei-doCe-virdc-u .-tast4attli zetr :_tot H,506t tima-6aga • EFTA00138772 Ina --Pt:442a fo&it -Ati! 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CAWPA -5C6 W\Mie :10:O a-Y(S- \5 51e4), 3: a .:1•• Vvrae)" v CLACkk 6 114.nsk-s-astel - \nmcse_tp.3\e\[r,,, 1-5 5erte).5 \cv, n \CA IZ.F4^6 wtii4e -eczkan s vnicn&cn Pcp-ApAyN 51ectq\— 3. 3 tc?, rn y.\0 1.:\ 34: vvrir,4\e. sevir, sleecinas EFTA00138773 5\-c-vn --463\?-05m -30-19 3 7t, Slcxc) ` tin—PtAc C).5-\tv'm - a \e'zi3'‘r)5 ico' - ;;; ±intnat±e(65kt-\ 5 . —r- cw-N vvenc,M... -07$5)-cprI x.p 5 In 3 `,----: ; c-;^ ' \V\i' e.- A -t--\-) 4 5\e 5\r"P" \ S 4. —_ CI c:;-% IA nincAjC-e- tipt\t -• 13- 3-We ? vnS 5 ---:(9.:-12rn iN" ee.r‘t 5\-t\v‘ \- lae-05t\n--S ---C -3C 1 6: Gm 'W male-V Q9_5\ eve\ 1]__Ciu-C.k. -1:_n rT.Catiev-Ce:1/2-Ctp_a_NO 'reit- rkera< arAN \\Ce __ --- ---LIc -: °; .Anthce 5Acvy, As eickk,&thigaSkitS\ 7 0 ° I lna dc &i.INNCIr ThrP _RI: . -7 J w Sfati nevi i- etharkistagINe t tan IneiSt5 W___Eir)Siefrn emexii 7 4 4 ficfren. ..,3ete-437 n ed-k% Lel 4 1h: rt; en bn.--"r o.r -11 th- ci et/ tk _ go--A-L• 4 Al-. /I 1„..:„ dIaentr---**C EFTA00138774 Suicide Watch Observation Log alma of Inmate on Watch: -r C-P51:E:i - 2 . .- .: ° Reg #74,3 f T- 0.5q - biate:7423/i9 Time Observations: Briefly note your observations. Initial all entries. Initials I CP1°11 I inflaAfia.DeLAP PIg i4fri an-( . 4aSiliii ;4$ F;.A 4i. ( c - i' .441Q-Si.i;e-iCk k.WitliCUE= — tA 71 t2 I. Cell aciti ori 7 R i ''' v --4-- DM, Pehli ° opm f 1 1 4,4 .0diF Igiik i&61.;.. ,•,. 4 • -• • :. ; i 11%6a ;.- gel), .1 1 litfal•RP6itt (kV IS ete I . VIN J 13910m. imirdiaf sitWiels ._ e- C. , .. _ i I 1-1814‘t • - F.KIEtA fe l:N. • ?1;:, 1155PM .fi KrEfitf-t ik ., f-- ,.. \Ds, 4is itArkthe-PERC- S310 r - r 1 ..,,, .s:4;4- itkrio •••10 , • P yir 64251Ttillki _ 1245.4i4 . Eir-51 1. 1 i • . , . . i g•Nitif „. . • • • oo , 4* is , f , • . f• T5 _. p;) 6 . . . irpt .... , . n. 45- ' is SI *I I .. 4& ,. ,. .. 4 tittA4e295--ra 4c c eg rf • , . al5,4m. to ( • - , _ . . 30 ••• .. , . . • 0 .. • -1: ; , .. -. ' a `12• AM ew G( :e e t," 4 A z , ., -- ....."Cf: 1 " Ok tic al i•b tdAta.:: aSiditifies ‘scae;wiiefitVi t.4 *tit' Sim cr '..-') C.Plytes A : "it . ctAkt-q --d+-*C3--.1":Mt, • . . . i.' C/6 Note to all observers: Legibly print and sign your name at the beginning of your shift. 5 SDNY_0001 6865 Page 263 EFTA00138775 Suicide Watch Observation Log rc,: ra, :mea tocfhlsnmate 9 e., A Reg #: .7b3 \tb - 06q Date: 7pkiii 9 Initials Time Observations: Briefly note your observations. Initial all entries. 05 0(4(.1 -l'ini ,,e1,., ove..rs -,, kap swev,,,\ 0- A,), A-1 me, av"^----''I-"-- ------ C) O'b\5 am "S-jri t iz5ke) (\ o.VeCtC5 A'6 \oe, Skeeci 0,-\, --- A o '53o 044 5'i m E (j5koo ,,0,8,c,. X, NOQ., (-4,v,i., 0,,,-....--- 01) 03A6,..tri '9-try( 44c3.6,, \Ncl.,a (.1\.,),Ckex \-n \.,Y7 cc.) sAk), v.2.ex5 \o be, 4e,e,e)n ,...A- Xv:v, tfs, P, a \ rs""— 06 okk00 co\ BAkt‘ lAeek)A0\ Gcb (lbo.,, tAkg.., 5 )t,ok-Ale,/ o tg.m Rfi 426\-B1,A kikke,..0 >to be, /at ee,,,;.0\ 05 04130 Get 1,41 q,Aen uck 6 rk .0 qA.5c,, , Ao 6,5 . k kie Alme .A.4 \No a44escb k. be Ac. .),,e\1 b04 ,-V, 3,0 , Ct.- 5\qieA diktc OM \r czs..\ -0,-, N..tOV-e, \c, oi-,e, NA-Ne. b4 ,40orykorliv) f$A. ko.or,- .40k4r ‘ 0€A ,Ice, e4 )^ *Ned .silf,IP), ,, ,,) \re ‘0Qd6 C.4 'V, S.&) (\ qm k1/4NQJ 0400 0" S\ - M .4:rAt.sin %6 Nur \ On 1A'i'D Vatikr- l'k -\\-,u be,a,, CJI \v, ctsgeac 5 o \ill)4, ti..Ur\ Ci4P-R re 0 13 am - CA') '\ IY\ c,SVAP (1 45,k‘l2ACS \ b \- Q, bk.eek C\ 05400474,1 SAM VztAi,n r‘w,e,s<, A o be, 4e,ekl skiA42, i ,qo ---___ (..,i6 on 9-ok\-- Ns,-,A-- 11-,Q,CN-R4 on 1n)nn 0500,01 , u Noe, 5teiN) G6 .25‘f .,1n a R qe-oss ko (13 0600 am MU, let \OP, 4e )' , G6 c},Ae,) A cokQeos 5 Av fl, (:)(.9 INC() ' '\‘‘ ,1 Wikt ) iN Nno.'n vtol'i-f,n 1.)Q k O ,IQ, 31nea "0 64,4000 (C1 n-Q.,) Ana ko. 5 co - a Some vefke,\-', \l e, o4- e/e ,,ivoA \-14-a \Ass • \oce-o\- t..,.A a/18 . Note to all observers: Legibly print and sign your name at the beginning of your shift. 6 SONY 00016866 EFTA00138776 Suicide Watch Observation Log Name of Inmate r , i on watch: C. ,"-re,z1) Reg #: —7b3V6 — O54 Date: 7/00 Initials Time Observations: Briefly note your observations. Initial all entries. 06'Ximpl 'IV) geAt ) k a(Q€V7 4 be '4eePao ocr -FUs 4ztvie., bres00.5f (-A 5 dit.cr.4e..A. V) ji- tlo.' 1 a -t- been ct Alan 1.-e, letVvi 0.5 ck ie4- GINS Tin be CAI Efsfe:p cl feaf 5 .i o siteCA o 7000. in -ic, v)..illok- Pgol o-i' -tour c_ $ 7: 00411 S{-(a.41-- -»e /,.)A.,) S 2,augwbea, zyngos 7: I S Ali f-1 .geS-fea,i A.eitjae ;‘, /-411Z,EXPICk.is& D4 194Lisk C. --(4,0 30 0--A-0( ( 2 4. A? , 7: 30 AA! /.1 "E- 1) (il\ aprvo, -r3 . D.L4 (a-QQ-Q-1.O '--- ..-------' 7: 35-4 $4 "4 ep S 4 e i P1 ,4-t" up 0-,--e{ A-e -1Z-- -7 ; 4/ 0 401 li" --i FP fern ce,.E.y..,)-ta 0.--, *9( 'T glite V - Ce2.321 - C 4-- g;oo ION ,(4 C / .-(e, / ,.c .j c26274;u, r) i . ,e4 ;:creili:twv,,,,, gc:2014,01 ,..) livh.s./1 a vlo.k)epi -1-14Q 1 -RpmctiJ kitiZZ,v -0.ked IpV1 Fl-,--ein citz Sx: 30 A-vr ‘b Y- bilA/5/1 .s }I i/14-kr -euoinr IM l g:q s 6-w- -1),-. 1); G.54- skffed 1 AA F - f (jaw) ,9ory\ Skiic frisL u1/4-W-ci --i-b & -(jaw) (D&Sks--vA--4ici) Note to all observers: Legibly print and sign your name at the beginning of your shift. 7 SDNY 0001686/ EFTA00138777 Mail Attachment Epstein SW Chronological Log 7-23-19.pdf SON\100016068 Page 11687 Page 106 EFTA00138778 Suicide Watch Chronological Log Inmate Companions Log Name of inmate on watch: Register #: GS4 Institution: Date Watch Began / Ended —112S119 ONLY ITEMS ALLOWED: tO 1.. C11 tip at .° V) tio -Y 4.—c o U Om CU E w To a) tf) CU a) -O -O V) V) VI To be completed by Chief Psychologist at conclusion of watch: Booklet of Suicide Mattress Cl 2 a - r 0 Q. C Ca.) C O u cl.) O. as c RI ra ca. to) u SDNY 00016669 SWCL - INMATE EFTA00138779 STAPLE LOCAL PROCEDURES HERE Check one of the following: K This is the initial log book for this suicide watch. Enter date and time watch began: K This is a continuation log book for this watch. Enter date and time this watch book was initiated: Instructions to Observer: Document your observations every minutes. Legibly print and sign your name at the beginning of your shift. SLAY EFTA00138780 Suicide Watch Observation Log Name of Inmate , on watch: Er* 4 n Reg #: 1ce516. c64 Date: -1 25 1 e Time Observations: Briefly note your observations. Initial all entries. Initials 1 : t4 finv 1M SY 4451A+ Ootvi4 40 S tA il I. &E c 9 1 1 ii -4 ,t,_ I 'lc Alm ' , II'L~1K O.1 geo ----- c-O- L . -;-- , a :2. MIA 1 in 1 4f /!)( --i 44- 1 --- 21 it ihv„ k m 1-n- k5 L c e-e f I 0A wk -4. .. 4 icti( k im 2 5 60µA ISM SA O wt ( )?..3 411,j 047 h rewzot.c-/ . — wka 4- iAptdi 0 T- 434%. 1 t; r4-)4,1 3 6 wt ow ik1i f 3 :I ate, (j7 Alt./trio. 2 auks f2ic lure./ 6 P ,14,4 8- 3:56,m- Ci [h;.; get e)( 0 Et - %IN foi V44 gl kfi On 3-93 I VA VIAA ca „ , 17,, ,, s,, - ----.' '4° 1 IAA S ikpiv-U 4 q 44— In r --7,- t L. t.,r -9- Cfr. :qr • im c LI \,,, ?a lay - _kiti 1 nil - 17 Sil.im 0 --' 1 ..\ L5 LS L ..) Ale \ OA 4- 1-A-1^- irui i v. 4-4- u c e ( 'c ivet, N+ 4t,-., J ,), • k+ 0 car Vt .-hit % iti 5AVA-k-\ w l is el-- c-- P fm er...— b °kir. ifit4 \ L-1-14. ,1 64 Oev• 1 Note to all observers: Legibly print gri4 sign your name at the beginning of your shift. 1 SDNY_00016871 Page 165 EFTA00138781 Suicide Watch Chronological Log Staff Suicide Watch Observers Only Institution: Mer. Ne_l`NsleyK DitelNetch.Begen:/ Ended JUI4 23,'2.014 j i )/ 2 'if To be completed by Chief Psychologist at conclusion of watch: Booklet of SONY_00016872 SWCL - STAFF Page 2/C EFTA00138782 STAPLE LOCAL PROCEDURES HERE Check one of the following: This is the initial log book for this suicide watch. Enter date and time watch began: July 23)2olq i..~40Ann K This a continuation log book for this watch. Enter date and time this watch book was initiated: Instructions to Observer: Document your observations every minutes. Legibly print and sign your name at the beginning of your shift. 15 SDNY_00016873 Pace 271 EFTA00138783 E.0,54ein Suicide Watch Observation Log Nam of Inmate on watch: Reg #: /( 495116 - (-Y -)21. Date: 1123 k Initials Time Observations: Briefly note your observations. Initial all entries. 114 0AM \nmck ba) hl- down i -onui(i6e ecl1W4 1.4544 Innqafe 1\i n on heck Zcomvi Inmai-e. 5i-kkri cn bed +owing Sr 2...i5A,,, Intrak-e oka+e5Thi5 celirrok-e. -1yied +0 Kill km i 2...3oAm Int-not+e ,5i.\-i-ins on bet-‘ +t-Iir9 +o remember wk-n+ ha -)1.- ,a-1 2..if5Am Inma+e ai-I-44 on Led 3•.cf)Am Inn- i1- , i4.4-iry1 cn bed 3 I 5 AO L. Artie-K3:n 4-61b<ef) pd -Ure5 a i nrnf14e o'.30Am Inmn-4e. c5i++; on .bed 3'..4sAm Inmal-e Oi+-i-in5 on beri t 41-:.0oAm Incrale_. Oi4--tirxj On hed 4., 15Arvi I nrnn+e. LI; -i-i-i n9 on bed 4.30A" nrrn4e <5-lanflir9 ai- door +alk11-9 k-45Am llynn+e_ (5-kardir a+ door 4-calkir9 5', coAto nmd-f-to si-l-Finq on bed 5.15AM Inmak cskardig 01- doff 5.5DAm 4 door 5;45Am Inma+e, c5+andino a+ door (.0'. 00Am I nriii+e ,.5-kardiog a+ door cp'. I5At.i Inni cti-e, (34Cin6iri) (1-1- door to'.3oAm Inr-rrile 640r-fling ci+ dccv to'.45Am Inina4-e. OtOrdins Of ()nor 7-.04Atvi Inmale- Oiranains a+ (icor I Note to all observers: Legibly print and sign your name at the beginning of your shift. SLAY 000.68/1 EFTA00138784 Suicide Timeline: RE: Epstein, Jeffrey Edward, Req. No. 76318-054 Friday, August 9, 2019 8:00 am: inmate Reyes Efrain, Reg. No. 85993-054 departs for court (WAB-USMS-SDNY). Reyes is Epstein's cellmate. 8:30 am: inmate Epstein arrives in Attorney Conference. He is visited by several attorneys throughout the day. 6:45 pm: inmate Epstein departs attorney conference and returns to SHU. 7:00 pm: inmate Epstein provided a social call by IDO. IDO reports inmate Epstein was in good spirits, nothing unusual. Saturday, August 10, 2019 6:33 am: Body alarm activated in SHU. Staff found inmate Epstein unresponsive in cell. Staff reported to bedside of inmate and attempted to wake him. Control announced medical emergency. CPR initiated 6:35 am: Medical staff (on duty PA) on site, CPR already in progress medical staff continues CPR and AED applied on inmate. Control called for ambulance 6:40 am: AW notified 6:45 am: EMS arrives, paramedics continue CPR. Inmate Epstein remains unresponsive. Inmate Epstein is intubated, given three rounds of Epinephrine, IV access started, IO initiated. No pulse found, no shock advised, inmate prepared for transport to local hospital. 7:00 am: Institution placed on modified operations 7:10 am: EMS departs institution enroute to Beekman Hospital. 7:19 am: USMS notified of incident. SEMCWM6SM Page 273 EFTA00138785 7:20 am: SIS Lt notified. 7:30 am: L. N'Diaye, Warden arrives at institution. , AW notified. 7:32 am: PIO notified of incident by the Warden. 7:36 am: Official time of death reported by ER physician. 7:40 am: Acting Chief Psychologist notified. 8:00 am: institution. , AW and , Captain arrives at 8:10 am: SIS Lt arrives at institution. 8:10 am: CMC and SCSS notified. 8:34 am: FBI notified. 9:00 am: AUSA notified. 9:00 am: arrives at institution. Cont. Saturday, August 10, 2019 9:00 am: SIS Lt. Reports to SHU. Interviews will be conducted with inmates assigned to tier. 9:15 am: CMC arrives at institution. 9:30 am: Acting Chief Psychologist arrived to the institution. 9:50 am: SCSS arrives at institution. 9:55 am: CMC and IDO depart institution enroute to Beekman Hospital. 10:00 am: CMC and IDO arrive at Beekman Hospital, fingerprints and photographs taken of inmate Epstein. Inmate clothing secured and brought back to institution. 10:00 am: Judge Berman notified. 10:15 am: CMC returns to institution. SDNY_00016876 Page 274 EFTA00138786 Cont. Saturday, August 10, 2019 10:45 am: PIO arrived to the institution. 11:00 am: Next of kin (brother) notified by Case Management Coordinator. 11:12 am: Press Release released to media. 11:15 am: Press Release provided to Judge Berman. 11:15 am: Crisis Support Team activated. 12:15 pm: Body released to Medical Examiner (ME) for autopsy 12:19 pm: FBI arrives. 1:35 pm: FBI arrives in Special Housing Unit. 1:40 pm: OIG notified by the Warden and they will be sending an Agent to NYM. 2:15 pm: Crisis Support Team debrief conducted. 2:45 pm: OIG arrived in Special Housing Unit (SHU) 3:45 pm: OIG and FBI departed from SHU. 5:05 pm: OIG/FBI departed MCC New York. 5:30 pm: CST departed MCC New York. 10:15 pm: Computer Services Manager arrives at institution to remove hard drives (Computers) from SHU. And replaced with new ones. Sunday, August 11, 2019 8:00 am: Resumed normal operations. Attorney conference visits and social visits (Unit 3) resume. 12:15 am: Computer Services Manager departs the institution. SDNY_00016877 Page 275 EFTA00138787 Cont. Sunday, August 11, 2019 10:40 am: OIG Agent at institution. and Agent arrives 11:15 am: OIG Agent , departs institution with two computers FPS 021407270 and FPS 0214207268. 2:00 pm: OIG Agent departs the institution. Monday, August 12, 2019 1:00 pm: Staff recall conducted 3:14 pm: FBI arrives 7:56 pm: FBI departs 9:45 pm: FBI returns 10:30 pm: FBI departs Tuesday August 13, 2019 7:15 am: Mr. , NER Correctional Services Administrator arrives to the institution 7:25 am: Dr. National suicide prevention coordinator, and Dr. , National Sex offender program coordinator arrives to the institution. 8:40 am: Northeast Regional Director arrives to the institution. SDNY_00016878 Page 276 EFTA00138788 Wednesday August 14, 2019 11:30 am: FBI Agents arrive to work in communication room advised they will work through the night until next morning. NYM Facilities staff working in room also. Thursday August 15, 2019 5:24 am: FBI agent departs communication room and secured the door with evidence tape. 8:30 am: NER Regional Director arrives to the institution. 9:30 am: ODAG arrives to the institution. 9:40 am: AUSA/FBI/OIG arrives to the institution. 11:30 am: FBI arrives to work in communication room. 12:00 am: AUSA/FBI/OIG departed the institution. 12:30 am: ODAG departs the institution. 4:52 pm: FBI Agents departs with all computer software from communication room new system running. 5:37 pm: Gave Facilities Manager receipt from FBI for computer system. SDNY_00016879 Page 277 EFTA00138789 Epstein, Jeffrey Edward, Reg. No. 73618-054 From To Lamine N'Diaye Date 2019/08/10 12:36 Subject: Epstein, Jeffrey Edward, Reg No. 73618-054 TEXT.htm, Epstein, Jeffrey Edward, Reg. No. 73618-054.docx, Attachments: Associate Warden MCC New York 150 Park Row New York, NY 10007 ext. 6451 NYM/AW-Programs—Qhop.gov SDNY_000 16880 Page 11707 Page 2! EFTA00138790 RE: Follow up requests from UK re: extradition From To Date 2019/09/30 20:11 Subject: RE: Follow up requests from UK re: extradition TEXT.htm, Pages from Maureen Baird - Further Report - 24.09.19 Attachments: (2).pdf, MO1TWALA 3RD RFFI .docx, Maureen Baird - 30.08.19 - Further Report - Epstein.pdf, Mime.822 Hi again and ME, Sorry to be a pest, but the UK has indicated that, unless we can provide more specific answers to the questions outlined in my first email below, in particular, what steps have been taken to ensure that a similar incident will not happen again / what measures have been put in place since Epstein's suicide, the judge is likely to deny the extradition. I know these are particularly sensitive questions and there is likely a lot that we/you cannot yet share, but is there any information we can provide? Alternatively, the UK has asked if we can provide assurances that Motiwala will not be placed in the MCC. I believe that the USAO cannot do that. Has the BOP ever agreed to such a request? (And, if so, would it be willing to do so in this case?) (We'll also consult with OIA to see if there are any options on the USAO side.) I've attached (yet another) report from former-Warden Baird that was submitted recently and re- attached her previous report and the UK's request for information. If it would be easier to discuss by phone, please let us know. Thanks, Assistant United States Attorney United States Attorney's Office Southern District of New York One Saint Andrew's Plaza New York, New York 10007 P: From: Sent: Tuesday, September 24, 2019 10:35 AM To: >: Subject: RE: Follow up requests from UK re: extradition Hi is out of the office in training this week. I can offer the following info: rnntrartc with an ni itcirie nett rnntrnl rnmnanv to have an exterminatnr rnme at ©fa ttOttiliatitIr Page 11747 :jet? 2!C) EFTA00138791 month (or more frequently, as needed). The exterminator came most recently on: May 9, May 29, June 19, sometime the week of June 26 (I don't have the exact date), sometime in early July (again, I don't have the exact date), July 31, August 23, August 30, and September 13. A few years ago, we contracted with a pest control company that used to take notes during their visits. The notes were helpful in indicating whether and where the exterminator saw signs of mouse/waterbug activity. They were also helpful in that they never mentioned signs of rats or rodents other than mice in the institution. Unfortunately, I don't think our current contractor keeps notes like that. With respect to sanitation, there are inmate orderlies in each housing unit who are responsible for cleaning the common areas, including the showers, hallways, recreation areas - essentially all areas other than inmates' individual cells. Inmates are responsible for keeping their own cells clean, and if they fail to do so, we can issue them an incident report for Being Unsanitary, in violation of BOP Code 330. The Safety Department and Unit Team staff strive to ensure that proper cleaning supplies are available on the housing unit, and inmates are advised to tell Unit Team staff if something runs out so it can be replenished. I don't know if the UK was concerned about mold, but we recently had a mold inspection company test a certain area of the institution, and the results showed no indication that mold growth was ongoing and/or active. I hope this helps. Let me know if they need more detail or have a specific question that I missed. Thanks, Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 P: f: >>>' Hi 9/24/2019 9:56 AM > » Thanks again for all of this. The UK just followed up to ask when it can expect information re: sanitation and pest control. Thanks, Assistant United States Attorney United States Attorney's Office Southern District of New York One Saint Andrew's Plaza SON\100016082 Page 11748 Page 280 EFTA00138792 Addendum to Epstein Report I have reviewed the U.S. Government's Response dated September 13, 2019, regarding the August 2019, suicide of Jeffrey Epstein at the MCC New York. Specifically, the U.S. Attorney describes all the safeguards/protocols that are supposed to take place when an inmate is suicidal. Unfortunately, those exact safeguards were in place the night of Epstein's suicide; however, for reasons not yet completely clear, those safeguards were not followed. Under ideal conditions, these safeguards/protocols are intended to happen when an inmate is suicidal, yet we know there are no ideal situations in prison. The death of Jeffrey Epstein clearly demonstrates that, regardless of written procedures, best efforts and good intentions, when an inmate is intent on committing suicide, he/she will be successful. Additionally, I have reviewed the Affidavit of Pedro Espada, from Case 1:16-cv-06121-RRM-PK, Lauri Love v. USA, 10/27/2016. In Mr. Espada's Affidavit, he describes inhumane and unconstitutional conditions at MDC Brooklyn, NY, specifically, the Suicide Watch Area, while he was an inmate there and was working as a Suicide Watch Companion. Mr. Espada stated, while working as a Suicide Watch Companion at MDC, he witnessed a severely mentally ill inmate, who was on a suicide watch, smear feces throughout his cell. The inmate was rubbing the feces into open wounds and cuts on his body. Mr. Espada made several attempts to get the area cleaned and medical assistance rendered, requesting aid from the Lieutenant's Office, Medical Department and others. He stated that his requests for assistance not only were ignored, but that the inmate sat in those filthy living conditions for seven days. Certainly, that situation seems unconscionable, but in my experience, I have encountered staff who had the mindset, "he made the mess, let him clean it." I have not witnessed a full 7 days of an inmate living in these horrific conditions as Espada describes, but I absolutely believe that it happens. When things like this occur, it is not necessarily the result of an inmate being mentally ill. Inmates will act out as a means of manipulation or as a way to gain attention. While I personally would not allow an inmate to live in these filthy and unsanitary 18 SDNY_000168433 Page 281 EFTA00138793 conditions, there are others who believe in the idea of "you made your bed, now you can lie in it." It is most unfortunate, especially when dealing with an inmate who is mentally ill and not in a coherent state of mind. One can continue to provide training to staff on proper procedures to take in various situations, hold staff accountable when mistakes are made or when they display an indifference toward inmates, but to try and change the ingrained mindset of an individual would be an arduous, if not impossible task. There is a very concerning detail that has been made public since the investigation of Epstein's suicide began. A person familiar with MCC has stated the staff who were working the morning of his death, are suspected of falsifying log entries to indicate they were checking on inmates in his unit every half hour, when they actually were not. I have been advised that at least one of the staff working that night were sleeping. Surveillance video reviewed after Epstein's death showed staff never made some of the checks noted in the log, according to the person familiar with the investigation. Policy requires checks be made every 30 minutes for all inmates housed in the Special Housing Unit. Dr. MCC Chief Psychologist and Dr. BOP Medical Director both provided Declarations in Mr. Motiwala's case, previously to the Court. Dr. continues to work at MCC in her position as Chief Psychologist and I understand Dr. remains in his position as Medical Director. 19 SDNY_00016814 Page 282 EFTA00138794 IN THE WESTMINSTER MAGISTRATES' COURT THE GOVERNMENT OF THE UNITED STATES OF AMERICA -v- JABIR MOTIWALA (aka JABIR SIDDIQ aka JABIR MOTI) 3 rd Request for Further Information Introduction I. The Government of the United States of America has issued a request for the extradition of Jabir Motiwala. also known as Jabir Moti or Jabir Siddiq ('the defendant' ). The Request, dated 5 October 2018, is that the defendant be extradited in order that he stand trial upon an indictment containing the following three counts: one count of 'Conspiracy to commit numey laundering', one count of 'Conspiracy to collect credit extensions by extortionate means': and one count of 'Conspiracy to import narc2otics into the United States'. 2. The defendant was arrested on 17 August 2018 and remains in custody. We are grateful for all the assistance provided in preparing this case to date. 3. The extradition hearing proceeded on 1-3 July 2019 and was adjourned to 12 July 2019 for a case management hearing. On that date the District Judge directed that further written submissions be served by 19 August 2019, with final oral submissions scheduled for 26th September 2019. 4. At the case management hearing the District Judge indicated that he may consider making further inquiries about prison conditions pursuant to a process laid down in the case of Chawla v India [2018) EWHC 1050, §47.' I The Divisional Court in that case set out that where a real risk of inhuman and degrading treatment in a particular requesting state has been found to exist by a Court considering an extradition request, the requesting state should be given the opportunity to satisfy the Court that the risk "can be discounted" by issuing an assurance. SDNY_0001688? Pace 28:! EFTA00138795 5. The District Judge stated that he had not made any finding either way but if, subsequent to the service of written submissions on 19 August 2019, he did conclude that the evidence disclosed a real risk of the defendant experiencing inhuman and degrading conditions, he would be likely to request further information or an assurance within a relatively short period. 6. For that reason we had a telephone conference to discuss how the US authorities might address the issues raised by the defence and were grateful to receive your letter dated 16 August 2019. 7. However, on 13 August 2019 we received a message from the judge asking us to attend for a further hearing to discuss how to proceed in the light of the widely reported suicide of Jeffrey Epstein at the Metropolitan Correctional Centre ("MCC") on 11 August 2019. 8. Counsel attended Court on 23 August 2019 and the Judge indicated that he would incorporate into the timetable directions for the defence to serve further evidence on that particular issue and would require information from the United States about what had happened at MCC after the death of Mr Epstein. 9. The defence served a selection of news articles about Mr Epstein's death, a new report from Maureen Baird which we will provide a copy of, as well as a schedule of the news articles, which we will also provide to you. It is likely that in order to send this case to the Secretary of State for extradition to be ordered, the Judge will require either a response to the specific issues raised or a general response assuring him that improvements have been made which will prevent a similar occurrence in the case of the defendant. 10. We appreciate that there are various ongoing investigations at the MCC and the Bureau of Prisons ("BOP") generally so some information will be too sensitive to share in these proceedings. In light of this please either provide answers to the specific questions set out below or provide information in such a way as you are able to, to meet the issues and concerns arising from the death of Mr Epstein and the new defence material. 11. The Judge is likely to consider the evidence regarding Mr Epstein very pertinent to this case given the defendant's reportedly high risk of suicide. Ouestions: SDNY_000 16884 Face 284 EFTA00138796 i. With regards to the warden of the MCC and two staff members whom are said to have been reassigned since the death of Mr Epstein, are you able to confirm that their roles have been filled with suitable alternatives? In particular please provide any information about the knowledge and experience of the new warden that you are able to. [page I, Maureen Baird's Report, dated 22 August 2019] ii. Is it possible to comment on the decision to take Mr Epstein off suicide watch and whether either, that decision was justified in the circumstances or if considered to be the wrong decision, that new measures are now in place to ensure any mistakes are not repeated. Please detail any new measures on this particular issue now in place if you are able to. (page 2, Maureen Baird's Report, dated 22 August 2019] iii. Can you provide any explanation as to why Mr Epstein did not have a new inmate sharing his cell in the Special Housing Unit ("SHU") on 9 August 2019 after his other cellmate was moved? Do you accept that there should have been someone sharing his cell in light of his recent apparent suicide attempt? If so, have any new protocols been put in place to ensure this does not happen again? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to ensure people who have been moved to the SHU following a suicide attempt share a cell with others where possible? [page 2, Maureen Baird's Report, dated 22 August 2019] iv. Is it correct that the two correctional officers due to be carrying out half-hourly checks on Mr Epstein did not carry out any check upon him for a period of several hours before he was discovered in his cell and were instead sleeping? If you accept this is correct what steps have been taken, if any, to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures are in place to monitor those who have been moved to the SHU following a suicide attempt, and how is it ensured that those measures are safely carried out by staff members? (page 2/3, Maureen Baird's Report. dated 22 August 2019] v. Is it correct that the correctional officers concerned falsified records in regards to the checks they should have carried out? If you accept this is correct what steps have been taken if any to prevent this occurring in future? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in SDNY_00016843i Page 26!:- EFTA00138797 place to ensure correctional officers do not falsify records and carry out their duties as required with regards to those who have been moved to the SHU following a suicide attempt? [page 3, Maureen Baird's Report, dated 22 August 2019]. vi. Ms Baird, as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them was not usually a corrections officer but rather was employed by the warehouse and had volunteered to work an extra shift. If you accept this is correct, do you consider it to be appropriate to have such staff members carrying out that type of task and if so what measures are in place to ensure they are able to carry out that particular role safely? If you do not accept that this occurred or cannot comment on this directly, what general measures if any are in place to ensure staff members who do not usually work as correctional officers carry out the task of monitoring those who have been moved to the SHU following a suicide attempt in a safe manner? [page 3. Maureen Baird's Report, dated 22 August 2019] vii. In a news article, it is said that the BOP had tried to address staffing shortages "in part by using a practice called augmentation to temporarily assign employees who aren't corrections officers to staff posts intended for detention guards". Do you accept that this occurred at the MCC? If so, is this practice still in place and what general measures if any are in place to ensure staff members who do not usually work as correctional officers are able to safely carry out the work of correctional officers, (for example do they receive special training on security or monitoring prisoners considered to be a suicide risk). [CNN Politics Website, "Union and lawmakers have long warned of `dire' federal prison staffing shortages", 14 August 2019] viii. Ms Baird, as well as a number of news reports, state that of the two staff members assigned to monitor Mr Epstein, one of them (the corrections officer) had been working overtime and the other staff member was in the midst of an 80 hour week. Do you agree that many of the correctional officers at the MCC are required to work 60 — 70 hour weeks and if so what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Maureen Baird's Report, dated 22 August 2019] ix. Ms Baird further states that the MCC is currently operating with less than 70% of the needed correctional officers. Do you accept that the MCC is operating with less than 70% of the needed correctional officers and if not, how would you describe the SDNY_000168.81 Page 28C EFTA00138798 current staffing levels? If you agree that the MCC is 70% staffed, what measures, if any, are in place to ensure that the prison is still run safely and suicidal prisoners are properly monitored? [page 3, Maureen Baird's Report, dated 22 August 2019]. x. Ms Baird states that the MCC was designed to house 474 inmates but that on the day of Mr Epstein's death its population was 763. Do you agree with those figures, and if so is the prison able to safely house that sized population, and what measures, if any, are in place to deal with a prison population of that size and ensure the conditions they are housed in remain humane? [page 14, Maureen Baird's Report, dated 22 August 20191. xi. Ms Baird states the following with regards to the sanitation conditions at MCC: "Three current MCC Staff Members very recently described to me the current sanitation conditions at the facility. One stated, "The facility is so disgusting it's like a prison in a third-world country. Cleaning supplies are not issued on a regular basis." The individual further advised, "Pest Control is horrible and ineffective, rats, mice and bugs are everywhere." Another Correctional Officer told me, "There are mice and bugs everywhere including inmates' cells." This information is consistent with my Court testimony on July 3, 2019, and my assessment in Paragraph 20 of my Declaration in the case of Mr. Motiwala. Further, it corroborates the many news reports, regarding the "rodent-infested MCC." Do you have any comment to make on those observations? [page 15, Maureen Baird's Report, dated 22 August 2019]. xii. Ms Baird further states: "On a different, yet equally concerning topic, an MCC Correctional Officer advised me this past week, that there is blatant racial discord within the institution, especially amongst Correctional Officers. I did not witness this when I was Warden at MCC, and my contact advises it began a short time following my departure." Do you have any comment to make on those observations? [page 15, Maureen Baird's Report, dated 22 August 2019]. SDNY_00016881? Pace nt EFTA00138799 Mail Attachment Maureen Baird - 30.08.19 - Further Report - Epstein.pdf SON \100016890 Page 11768 Page 288 EFTA00138800 August 22, 2019 Report of Suicide of High Profile Inmate at MCC New York Provided by Maureen Baird at the request of Amirah Ajaz, Solicitor, ABV Solicitors Jeffrey Epstein, a high profile, pre-trial inmate, Southern District of New York, was found unresponsive in his cell at MCC New York on August 10, 2019, at approximately 6:40 am. A short time later, he was taken to an outside community hospital where he was pronounced dead. His death was ruled been a suicide by hanging following an autopsy which was performed by the New York Medical Examiner. Two investigations, to be conducted by the Federal Bureau of Investigation (FBI), and Office of Inspector General(OIG), were ordered by United States Attorney General (AG), William Barr and are currently ongoing. At a press conference held on Monday, August 11, 2019, AG Barr stated, "the Department of Justice is learning about those "deeply concerning" irregularities at the MCC New York. I was appalled - and indeed the whole Department was - and frankly angry to learn of the MCC's failure to adequately secure this prisoner." AG Barr further commented, "Mr. Epstein's death raises serious questions that must be answered." On Tuesday, August 12, 2019, AG Barr directed the Warden of MCC be reassigned to the Bureau of Prisons Northeast Regional Office and two other MCC employees, who had been assigned to Mr. Epstein's housing unit (9-South-Special Housing Unit), were placed on Administrative Leave. A Justice Department spokesperson stated "Additional actions may be taken as the circumstances warrant." On August 19, 2019, AG Barr appointed a new Director and new Deputy Director to the Bureau of Prisons. The Acting Director will return to his regular duties. While it is a positive step to have these top positions filled, the concerns within the prisons remain unchanged. Chronology of Events July 23, 2019 - Law enforcement sources state Epstein was found unconscious in his jail cell with injuries to his neck. It was not clear if the injuries were self-inflicted as a result of a 1 SDNY_00016891 Page 289 EFTA00138801 suicide attempt or if he had been the victim of an assault. He was placed on Suicide Watch. July 29, 2019 - Epstein is reportedly removed from Suicide Watch and returned to the Special Housing Unit (SHU), where he is placed with a cellmate. It is common practice to place inmates whose suicide watch has ended in a cell with another inmate, rather than to be housed alone. This provides some measure of safeguard. Termination of a Suicide Watch can only be made by a trained member of the Psychology Department. Dr. Chief Psychologist, MCC New York, would have been involved in the decision to terminate Epstein's July 2019, Suicide Watch. Dr. provided a Declaration o the Court in the case of Motiwala. In this case, because of Epstein's notoriety, it would not be uncommon to have several levels of review, to include the Warden's input and possibly officials at a higher level. Details outlining the reasons Epstein's Suicide Watch terminated are uncertain. In my experience, inmates are not kept on suicide watch indefinitely. A typical suicide watch would normally last two to four days. If an inmate is persuasive, they can formulate an argument to talk their way off of a suicide watch and manipulate the Psychologist into believing they no longer pose a danger to themselves. August 9, 2019 - Thousands of documents are unsealed in Court in connection with a defamation case against a woman accused of recruiting underage girls for Epstein. These documents revealed the names of dozens of high-profile individuals who were connected to Epstein. They allegedly indulged in parties with him and flew on his private plane. These documents included allegations of impropriety against several of these "prominent individuals." At some point on Friday, August 9, 2019, Epstein's cellmate was moved to another location or or transferred. For reasons the investigators are still exploring, he did not receive a new cellmate. This contradicts usual protocol as Epstein should not have been in his SHU cell alone, having recently been removed from Suicide Watch. The Washington Post reported in an article published on August 11, 2019, the Correctional Officers assigned that night to the SHU Unit, had not checked on Epstein for several hours before he was found hanging in his cell Saturday morning. This was just 2 SDNY_00016892 Page 290 EFTA00138802 one in a series of missteps in the hours leading up to his death. The New York Times and Associated Press reported the Correctional Officers slept through the 30-minute required checks and then falsified records to cover that up. They cite their source as Law Enforcement Officials. Surveillance video reviewed following the incident is said to have confirmed this information. Procedure and Post Orders require Officers to conduct physical checks of all inmates every 30 minutes. It has been reported by several sources that these 30-minute checks were not being conducted by either of the two staff members working that morning shift in SHU unit. Additionally, the Union President of MCC advised both staff were working overtime and one of the individuals did not normally work as a Corrections Officer. It is my understanding from a source who currently is employed at MCC that the second individual assigned to SHU that shift is employed by the Warehouse and he had volunteered to work the overtime on Friday night/Saturday morning in SHU. The Union President stated that MCC is currently functioning with less than 70 percent of the needed correctional officers, forcing many to work mandatory overtime and 60 to 70 hour work weeks. The Union President went on to say in an interview, "If it wasn't Mr. Epstein, it would have been somebody else because of the conditions at the institution. It wasn't a matter of how it happened or it happening, but it was only a matter of time for it to happen. It was inevitable. Our Staff is severely overworked." August 9-10, 2019 According to several sources, Correctional Officers assigned to SHU did not check on Epstein for several hours, despite policy requiring physical checks of all SHU inmates every 30 minutes. Both staff were working overtime at the understaffed facility. One of the Officers was mandated to work the overtime and the Warehouse Employee volunteered to work the overtime in the midst of an 80-hour work week. August 10, 2019 3 SDNY_00016893 Page 291 EFTA00138803 Epstein is found unconscious/unresponsive in his cell. He is later pronounced dead from an apparent suicide. Further it has been reported that Epstein committed suicide by hanging with the use of a bed sheet. August 11, 2019 The investigations begin and the autopsy is performed. It is anticipated it will be several days before any official information is reported. 4 SON1100016894 Page 292 EFTA00138804 Conditions of Confinement at MCC New York Aviva Stahl, an Investigative New York Journalist, has extensively covered conditions of confinement at MCC New York over the last several years. Much of what she claims have recently been reported by numerous media outlets. The following excerpts were written by Ms. Stahl and published August 2019, in the Columbia Journalism Review and June 2018, in the Gothamist. Additional excerpts from the June 2018 and August 2019 publications of the Gothamist, of former inmates of MCC, Attorneys, Prison Experts, Professors and other sources are also provided in the following section. August 20, 2019 Columbia Journalism Review - (Aviva Stahl) "WHEN I AWOKE LAST SATURDAY to the news of Jeffrey Epstein's death, I realized that the moment had come: the Metropolitan Correctional Center (MCC), the federal prison where he died, was about to get its fifteen minutes of fame. As a freelance investigative reporter who frequently covers the prison system, I'd spent years trying to pitch stories about that facility, often without success. Last summer, I managed to publish an investigation into conditions at the MCC on the website, Gothamist. The story documented that MCC was overcrowded and understaffed, plagued by vermin and overflowing toilets, dogged by allegations of corruption and abuse, and beset by an almost total lack of medical care. None of that got much attention at the time. But as soon as news of Epstein's death started circulating, so did my piece." "There are no advocacy groups focused on improving conditions at federal prisons, in large part because there aren't really any elected officials responsible for safeguarding these institutions. Congress is technically charged with overseeing the Bureau of Prisons, but Congress is busy. And because federal institutions hold individuals from across the country, federal prisoners don't form a natural constituency, or represent a single newspaper readership." June 19, 2018 5 SDNY_00016895 Page 293 EFTA00138805 "Half a block behind Manhattan's federal courthouse, two blocks from City Hall, three blocks from the Brooklyn Bridge, and less than a mile from the hustle-and-bustle of Wall Street, sits a detention center that has been condemned by a United Nations human rights expert for exposing its inmates to conditions akin to torture. While reports of the horrendous conditions on Rikers Island helped spur Mayor Bill de Blasio's pledge to shutter the jail's violence-plagued facilities, far less attention has been paid to the environment inside the Metropolitan Correctional Center, the federal jail which mainly holds people who have been charged but not yet convicted of crimes, who in the eyes of the law are still presumed innocent. Yet those locked up at the MCC are subject to their own indignities and rights violations, say those who have spent time there on both sides of the bars. These include filthy conditions, vermin infestations, substandard medical care, and violence and abuse at the hands of guards. Interviews with a dozen people who have spent time locked up there as recently as 2017, as well as with attorneys who have represented clients at MCC, human rights groups, and others with direct knowledge of the prison, confirm that those incarcerated at MCC often endure a rat-infested, high-rise hell just yards from the federal courts that send them there. "I thought there was nowhere worse than Rikers Island," Melvin Rodriguez, who spent three weeks at MCC, told Gothamist. In October 2016, Rodriguez was arrested in the Bronx on federal charges for selling drugs to a confidential informant, as part of the largest gang raid in New York City history. Rodriguez said the bug and rodent infestation at MCC was particularly horrifying. "The cells [are] very small and at nighttime you hear the mouses, see waterbugs in the shower," he told Gothamist. At least one former MCC prisoner said the mice would find their way into commissary boxes, and gnaw away at their food. "You asked about the conditions," wrote Ricardo Stewart, another young man indicted as part of the Bronx gang raid. "We saw rats so big it seemed like they could only be in the sewer." "But they wasn't in the streets or the sewers," Stewart added. 6 SDNY_00016896 Page294 EFTA00138806 "They were more like roommates." In a special jail-within-a-jail called 10 South, alleged terrorists, mobsters and drug kingpins are subject to some of the most brutal conditions of solitary confinement in the nation. This extreme isolation, reserved for those charged with the most heinous crimes, was described as "a punitive measure that is unworthy of the United States as a civilized democracy," according to a former special monitor on torture and punishment for the United Nations who investigated the case of one prisoner held there for three years." "Hundreds of people indicted in the Southern District of New York, as well as many individuals indicted in the Eastern District, based in Brooklyn's federal court across the river, end up at the jail awaiting trial for federal offenses including drug-related crimes, fraud, bribery, and sex offenses. Defendants facing terrorism charges have spent more than three years at the facility, attorneys say. But even those facing less high-profile charges generally spend at least one or two years there before their criminal cases are resolved." New York attorney Joshua Dratel, who has represented clients at the notorious U.S. facility at Guantanamo, says "in some regards, MCC—particularly 10 South - is worse." Dratel said he has represented nearly a dozen people who have served time on 10 South, and countless others in MCC. He describes the prison as "soul-negating." "It's physically, mentally, psychologically, emotionally—as unaccommodating to the idea of being human as any place I've been," Dratel told Gothamist. Bruce Barket, a New York Attorney who has visited clients at MCC described the institution as "infested with rats and mold." He went on to state, "The Facility is run with a bad combination of laziness and cruelty," citing the Epstein death is one of the results. He describes the Special Housing Unit as "a place where an inmate sits in a box and stares at the wall." Jeanne Thesharis is a Distinguished Professor of Political 7 SDNY_00016897 Page 295 EFTA00138807 Science at Brooklyn College who has written extensively about conditions at MCC. "If I described these conditions to you-filthy, freezing, no natural light, isolation so extreme that you're punished for speaking through the walls, absurd rules like prisoners not getting to see the newspapers unless they're 30 days old, secrecy so deep that people are force-fed and lawyers can be punished for describing the conditions their clients are experiencing—you'd be forgiven for thinking that this was Iran or Russia," she said. "But in fact this gulag exists right here in lower Manhattan." Andrew Laufer, a civil rights attorney who has filed several lawsuits challenging conditions at the BOP's two federal jails in New York City, recalled suing the BOP on behalf of a prisoner at MCC who had had his fingertip chopped off by a cell door. Rather than being placed in an ambulance, alleges Laufer, the man was chained at his ankles and wrists and brought to the hospital by correctional officers, bleeding profusely. "I think it's a human rights violation," Laufer says of the medical care at MCC. "I think it's an Eighth Amendment violation—deliberate indifference." In the past 15 years, at least one correctional officer at MCC has been convicted of beating an inmate, and at least three guards have been convicted of sexually assaulting inmates. In 2016, a former correctional officer at MCC was sentenced to seven years for raping an inmate. Most recently a former MCC Staff Member was convicted of taking bribes to smuggle food, alcohol and cellphones into the facility. In a 2011 letter to then-Attorney General Eric Holder, Amnesty International expressed concern that conditions on 10 South "fall short of international standards for humane treatment" and "appear incompatible with the presumption of innocence." The brutal nature of life on the unit, including its extreme conditions of isolation, were also documented in a 2014 Human 8 SDNY_00016898 Page 296 EFTA00138808 Rights Watch Report, about human rights abuses in US terrorism prosecutions. During his six-year term as the UN Special Rapporteur for Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which ended in October 2016, the BOP prevented Juan Mendez from speaking to suspected or convicted terrorists. Mendez was able to investigate the conditions at 10 South by interviewing family members of the incarcerated and contacting the State Department about the allegations. He ultimately determined that international human rights protections had been violated. While there has been increasing advocacy for reforms to local jail and prison conditions, federal prisons remain a kind of political orphan, a situation compounded in the Trump era. "Rikers is a good example of the power of people in a democracy to hold their elected officials accountable," said Fettig, "but in the federal context-federal facilities house people from all around the country, and so there's no natural constituency in the state, city, county they're located in" to express concern about what's happening on the inside. As a result, for people locked up at MCC, there's little hope that conditions will improve anytime soon. That could be exactly the way jailers and prosecutors want it. Pre-trial detention, which often lasts years, can become not only unsafe, but coercive; as a result, individuals are pressured to provide information to prosecutors or accept plea deals in their desperation to be released, say former prisoners. "You want to plead guilty and get out of this dump to a prison," said Nicky, the former inmate. "The feds have a 98% conviction rate for a reason," Melvin Rodriguez, another former prisoner said. "They mentally break you." Asked why he thought MCC has received so much less coverage than Rikers, Rodriguez replied, "I think [MCC) went unnoticed because people think just because it's the feds the conditions are better. There are certain things that go on in these places that the government covers so the public would never know." 9 SDNY_00016N9 Page 297 EFTA00138809 But for years, MCC has been plagued by filthy conditions, abusive guards, and a severe lack of medical care, as Gothamist documented in an extensive investigation last year. Defense attorneys, former inmates, and others with direct knowledge of conditions at MCC said Epstein's death epitomized how all individuals, even the most infamous people on the planet, are treated in the facility. Susan Kellman has been working as a federal defense attorney and representing clients at MCC for about 30 years, and described the MCC's recent condition as "the worst that it's ever been." Kellman said that one of her clients, a young man, has been in the Special Housing Unit—the unit where Epstein died-for the three and a half years. "His entire window is covered in mold," she said, and because the hot and cold water in the cell come out of different taps, her client can't even take a shower without getting frozen or scorched. She recalled that she'd had one client at the facility who was charged with observing and safeguarding suicidal prisoners, since there weren't enough correctional officers to do the job. "So they have inmates patrolling the suicide block so that they keep an eye on the people rather than people (who] get paid by the government doing it," Kellman said. "Do they really care? Do they watch? Who knows!" Kellman described a third client who suffers from mental health issues as well as severe asthma, but has been unable to get the nebulizer treatment she says she needs to control the disease. During one visit, Kellman said her client's breathing was so labored she couldn't carry on a conversation: "I couldn't talk to her, because she couldn't breathe." Over the spring, Gothamist was in touch with two women held at the facility, who said they were denied basic medical care, and that their cells routinely flooded with sewage. "Toilet waste and feces were all over the floors of all the cells, common area, and other departments on the floor and the female inmates were the ones who had to clean it all up without proper equipment," one detainee wrote in a message. The woman, whose name is being withheld at her request out of fear of 10 SDNY_00016900 Page 296 EFTA00138810 retaliation, described how her floormates got feces on "their hands, legs, faces, hair, all over" and said the "difficulty breathing due to the smell was and is indescribable." Kellman said that it makes little difference to the Correctional Officers at MCC whether an inmate is a billionaire financier or not—everyone is regarded with disdain. "(The prisoners would] be lucky if they were treated like dirt under somebody else's shoe, but they're not even treated that well." These conditions persist at MCC despite the fact that people held there have not yet been convicted of a crime, and thus are supposed to benefit from the presumption of innocence. The following excerpt was taken from an article published in the Intercept, February 3, 2019, edition, written by Martin Gottesfeld, an inmate incarcerated in the 10 South Unit of MCC New York. "AT THE TAIL end of the Obama administration, I was locked up a stone's throw away from Joaquin "El Chapo" Guzman at the Federal Bureau of Prisons' infamous Metropolitan Correctional Center, New York, or MCC NY, in downtown Manhattan, where Guzman is currently being held during his ongoing federal trial. I was there writing and waging a hunger strike when El Chapo first arrived. Much has been written about El Chapo's trial, but close to nothing about the conditions of his confinement, as the security around him has made access off limits to any journalist other than me. I'm an imprisoned human rights activist and political journalist focusing on protecting institutionalized children from common tortures in America like these: I'm currently suing the Bureau of Prisons and MCC NY for both state and federal civil rights violations, related to the conditions where El Chapo is held, and I'm exploring classaction certification. My lawsuit against MCC NY offers a new and rare glimpse into prison life in the solitary confinement cells that El Chapo has now called home for nearly two years. Besides simply recovering my fees and costs, however, my goals aren't 11 SON1100016901 Page 299 EFTA00138811 financial. Instead I'm asking the court to force MCC NY to respect human dignity, the First Amendment, federal regulations, and other human and civil rights." In a letter written from MCC to officials at the Justice Department, the Federal Bureau of Prisons, and the Office of the Inspector General at the Justice Department, Mr. Gottesfield calls attention to what he describes as appalling conditions inside the facility. In his letter, he alleges there are severe threats to health, including rodent and insect infestations at the facility. "Roaches are found in the food, and I have personally observed insect eggs as well," Gottesfeld adds. He describes how the heat is, for the most part, not functioning during the winter. A number of the cells are in the "50-degree range while others are much colder." Meanwhile, pools of water stand in the facility from leaks and are a "breeding ground for infections." "The facility itself is trash, with cockroach-infested meal trays and frigid, leaky cells. One inmate resorted to drinking from his toilet when the water was shut off." There's a lot of mystery surrounding the 10-South unit at MCC where El Chapo is being housed. Much of that is fueled by the effects of it being a "SAMs" or "special administrative measures" unit. As such, the inmates aren't supposed to come into any visual or other contact with other inmates. Even magazines they receive in the mail must be prescreened by the FBI for the supposed reason of intercepting hidden messages. Outbound communications are similarly restricted and monitored in real time. Amnesty International Amnesty International previously condemned the use of MCC to "house pretrial detainees in solitary confinement for months or even years before they face trial." With regards to the Special Housing Unit at MCC, the human rights organization says "detainees have little access to natural light and no provision for outdoor exercise." Amnesty International characterized 12 SON\100016902 Page 300 EFTA00138812 "the combined effects of prolonged confinement to sparse cells with little natural light, no outdoor exercise and extreme social isolation amount[ing] to cruel, inhuman or degrading treatment." United States Representative Nydia Velazquez - August 1, 2018 and August 14, 2019 August 1. 2018 - A federal lawmaker is demanding officials running a prison in lower Manhattan detail how long it takes for those in the lockup to get medical care. U.S. Rep. Nydia Velazquez is demanding answers as allegations of abuse continue to surface at the Metropolitan Correctional Center some prisoner advocates have compared to a gulag. "When inmates are placed at the mercy of our government, we have a moral responsibility to ensure they are treated humanely, something which MCC has allegedly failed to do," Velasquez said in a statement. "I am asking for a full explanation and immediate steps to ensure the safety of prisoners housed there." On Wednesday, she sent a letter to the Federal Bureau of Prisons citing "alarming conditions" at the prison which houses highprofiled terrorists and drug lord Joaquin (El Chapo) Guzman. The missive demands the number of violent incidents as well as the time it typically takes for prisoners to receive medical care. The allegations of abuse, including prisoners forced to wait two months to be seen by a doctor, were first reported in Gothamist. Prison advocates have long argued that the facility is more restrictive than the Guantanamo Bay detention camp. August 14, 2019 - Rep. Nydia Velazquez on Wednesday joined the growing number of officials calling for a soup-to-nuts investigation into the apparent suicide of accused child sex trafficker Jeffrey Epstein in the federal Metropolitan Correctional Center in Manhattan. 13 SDNY_00016903 Page 301 EFTA00138813 Velazquez said she wrote a letter to the Justice Department's inspector general and the head of the FBI demanding answers not only about Epstein's death but about what she called other rampant abuses of detainees at the lockup. "I write to voice concerns about the continued alleged culture of mismanagement and inadequate leadership at this facility," she said. She cited several other incidents at the MCC, in which corrections staff allegedly abused detainees. Representative Velasquez posted the following on her Facebook Social Media account on August 14, 2019: "MCC is in our District, #NY7. I've been pressing for greater oversight of this institution for many years now!" "Not only does Epstein's suicide raise questions about how his custody was handled, but it hearkens back to a litany of previous problems we've seen at this facility," Velazquez told The News. "I'm glad DOJ and FBI are looking into this most recent episode and all of us, including his victims, need to know how Epstein died," she added. "Still, I think what's also needed is a comprehensive review of the culture and management problems at MCC." Conclusion/Opinions/Observations MCC New York, like many other Federal Prisons nationwide is overpopulated and understaffed. It is reported the MCC was built to accommodate 474 inmates. On the day of Mr. Epstein's suicide, the prison's inmate population count was 763, almost twice the number it was designed to house. Much talk and attention has been on the staffing shortages. Mainly, as a result of the 2017 Trump Administration Hiring Freeze, the Bureau of Prisons lost 7,300 employees. MCC New York was recently described by Attorney General William Barr as an institution with "deeply concerning irregularities." AG Barr expressed outrage and says he was "appalled and angry" to learn of MCC's "failure to adequately secure this prisoner." Other sources familiar with current conditions at MCC described it as "deplorable," and "bordering on inhumane treatment." 14 SDNY_00016904 Page 302 EFTA00138814