EFTA00138815.pdf

I personally maintain contact with several individuals who are currently employed with the Bureau of Prisons as well as MCC New York. 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." 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. It is my belief that the excerpts I've cited in this report and statements from various sources of the MCC are credible and honest. The Staff have nothing to gain by sharing this information with me other than to express their dissatisfaction and frustration with current practices and conditions at MCC. In my July 3, 2019, testimony in the London Court for the extradition case of Sadiq Motiwala, I expressed concerns with MCC New York in regards to staff shortages, staff from other departments being "augmented" to fill in for correctional officer vacancies on a regular basis, conditions of confinement at MCC and various other matters related to the institution. I stated in my testimony and also in my Declaration that MCC New York or any other federal prison could not prevent anyone who is persistent from taking their own life. At best, they could only delay an inmate from committing suicide by placing his on a suicide watch. A suicide watch does not continue indefinitely. As previously stated in this report, a usual amount of days for a suicide watch would be two to four days, depending on circumstances. Once the suicide watch ends, that also ends the 24 hours of continuous inmate observation. 15 SDNY_00016905 Page 303 EFTA00138815 If Mr. Motiwala is extradited to the United States and housed at MCC or MDC, I am confident his mental health needs, given his propensity to commit self harm, will not be adequately addressed. I am more convinced of this now, following the Epstein suicide, numerous documents and recent information revealed, than I was during my testimony to the Court in July 2019. It appears the current conditions within the prison are extremely dire and certainly far worse than when I was assigned at MCC as Warden. Numerous individuals have come forward in the last few weeks, including some former Bureau of Prisons' Wardens. They fervently state some serious missteps occurred at the MCC surrounding the death of Mr. Epstein. These individuals have been quick to point fingers and assign blame to top executives, psychology staff and correctional officers. Many are quick to say that Mr. Epstein should not have been removed from Suicide Watch or if he were removed, extra precautions/safeguards should have been in place. Some sources view the actions of staff who were assigned to Epstein's Housing Unit, as a blatant indifference to the care and welfare of inmates. Others, including Union Officials, are suggesting the Officers' disregard of conducting the required 30-minute cell checks were justified because of the long hours staff are forced to work, as a result of the institution being so understaffed. While all of the investigations continue, it is premature to conclude exactly what did occur leading up to the death of Mr. Epstein. What we do know is that several policies were not followed or were simply ignored, several departments within MCC were involved and shortcuts were taken. MCC New York is heavily in the spotlight and under a microscope these past two weeks and likely for the next several weeks. It is my opinion that this only received such widespread attention because of the notoriety of Epstein. Had this been another inmate, less known, who was not a public figure, they likely would not have received media attention. Once the investigations are concluded, it is probable that several recommendations will be provided. In order to correct problems that exist, one must look at the root of the cause and be willing to fix that also. Only time will tell if any future additional measures put in place will be adequate. If what is being reported by countless sources, is in fact what actually occurred, and staff completely ignored their responsibilities, 16 SDNY_00016906 Page 304 EFTA00138816 no recommendations and no additional measures would have changed the unfortunate outcome of what occurred on August 10, 2019, at the Metropolitan Correctional Center, New York. The current problems at the MCC cannot, in my opinion, be cured by any quick fix solution. Even with the current spotlight on MCC, and assuming the Bureau of Prisons will put forth their best efforts to eradicate the broken parts, one still must account for human error and agency needs. Staff will continue to work overtime, staff will continue to take shortcuts, staff will continue to be tired on the job and fall asleep. No amount of effort on anyone's part can change that and one can only hope that when these things occur, nothing bad happens. It would take many years to resolve the issues and problems that plague MCC, provided there is a real desire to make changes. This will not give any comfort to Mr Motiwala or the U.K Courts as to whether he or his mental health needs will be adequately managed if extradited to the United States. 17 SDNY_00016907 Page 305 EFTA00138817 RE: Follow up requests from UK re: extradition From To Date 2019/10/01 07:23 Subject: RE: Follow up requests from UK re: extradition Attachments: TEXT.htm Hi I think we can only speak generally to indicate that MCC brought in an interim warden and has had teams of experts from other facilities and BOP's Central Office evaluating MCC operations and suggesting where improvements can be made. As for assurances for placement, that would be the US Marshal's Service's call. My only fear in going that route is that it would tie their hands by limiting their housing locations, not to mention making transport to and from court more onerous. You might also get further opposition describing the power outage issue at MDC this past winter, thus severely limiting where the USMS can house him. I am not very available to chat today (it's last day), but can try to make time in the morning if needed. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 P: fi > > > I USANYS)" < > 9/30/2019 8:11 PM > » Hi again and 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. SDNY_00016908 Page 11786 Page 306 EFTA00138818 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: F: From: Sent: Tuesda To: , September 24, 2019 10:35 AM (USANYS) < Subject: RE: Follow up requests from UK re: extradition M, is out of the office in training this week. I can offer the following info: >: (USANYS) >; MCC contracts with an outside pest control company to have an exterminator come at least twice per 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 SON1100016909 Page 11787 Page 307 EFTA00138819 Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 P: H Hi > » ' (USANYS)" 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 New York, New York 10007 P: F: From: Sent: Tuesda To: Cc: Subject: RE: Follow up requests from UK re: extradition , Se tember 17, 2019 8:03 AM USANYS) < >; (USANYS) Hi Per Psychology: CARE2-MH is indicative of an inmate who has a mental illness requiring routine outpatient mental health care (ongoing, monthly) and/or brief, crisis-oriented care. Thank you, >>> ' (USANYS)" < > 9/13/2019 10:36 AM > » , thank you so much for your thorough response. Just one question. You indigtt.wth-Waynates Page 11788 Page 308 EFTA00138820 who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary." Can you please just define CCS-MH (and provide that in the context of other classifications)? From: Sent: Thursda Se tember 12, 2019 10:45 AM To: (USANYS) < Cc: < >; Subject: RE: Follow up requests from UK re: extradition Hi M, I am still gathering information, but wanted to give you information to start (USANYS) ci Warden J. Petrucci is the Warden for the Federal Correctional Institution Otisville, NY, and is temporarily assigned to oversee MCC New York's operations. Warden Petrucci began his career in 1994 as a Correctional Officer at the Federal Correctional Institution Schuylkill, Pennsylvania, where he advanced to positions of increasing responsibility: Correctional Treatment Specialist, Unit Manager, and Case Management Coordinator. In 2014, Warden Petrucci promoted to Witness Security Coordinator in Washington, DC. He then promoted to Associate Warden at MDC Brooklyn, Deputy Regional Director for the Northeast Region of the Bureau of Prisons, and was named Warden at FCI Otisville this year. Warden Petrucci honorably served his country in the United States Army prior to beginning his career with the BOP. From psychology: • All inmates placed in SHU for 30 days receive a SHU review by the Psychology Services Department. This review involves a brief evaluation with a psychologist who assesses the inmate's psychological functioning, suicidality, and overall adjustment in SHU. • Psychology staff conduct weekly rounds in SHU and if an inmate expresses a need for psychology services, they are placed on a follow-up list to be seen as needed. • Inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary. Inmates who express a desire to speak with psychology in a private area are always pulled out and placed in a private caged area to meet with a psychologist. • Psychology Services has Psychology Advisory List/Hot List hanging up in the SHU which lists all inmates with significant psychological issues or inmates that are at-risk of engaging in self-harm behaviors. This list serves as a guide to Correctional Officers in SHU to inform psychology services if an at-risk inmate enters the SHU. If one of these inmates are placed in SHU, psychology services sees the inmate within 24 hours of the notification for and evaluation of their mental status and adjustment to SHU. • All inmates removed from Suicide Watch are to be double celled with another inmate. This recommendation is placed in the Post Suicide Watch report and is sent in an e-mail to the Lieutenant's who will be escorting the inmates from suicide watch back to SHU. These at-risk inmates are also discussed in the Executive Staff meetings as well as their need for a cellmate. Cellmate's decrease risk for suicide by serving as a rescue opportunity, distraction, source of social support, and reduce feelings of isolation that a depressed inmate may be experiencing in SHU. • In general, all inmates in SHU should be double celled except in exigent circumstances (Safety concerns- separations from the other inmates, too violent to be celled with another, or contagious disease). • Inmate numbers: Tka owNieir;+1 of ...edit- n. •Ise, rArr n.n elneietne,A •e• .....ennnevtnehOe, Min" iner,s+ese ThSONXe000,1621.1 Page 11789 Page 309 EFTA00138821 lilt Map/Illy VI LCII> at LI It IVO.A- Olt UC>I9I ICU Lc) CILLUIIIIINUOLCOL Ito t LVVU II II I IOI.C>. I'll> VVO> UIJIICIU O> constitutional at MCC in Bell v. Wolfish, 441 U.S. 520, 99 Sup. Ct. 1861, 60 L.Ed.2d. 447 (1979) Staffing: Measures are being taken to increase MCC's staff complement. Racial unrest: Prison administrators are unaware of any racial unrest among either the inmate population or staff. I am awaiting the information we typically provide regarding sanitation and pest control, and hope to have that for you shortly. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: f-. >> > (USANYS)" < ©__ussioi.goy> 9/3/2019 1:51 PM >>> I forgot to attach the additional Baird report and news articles. From: (USANYS) Sent: Tuesday, September 3, 2019 1:49 PM To: Cc: (USANYS) < Subject: Follow up requests from UK re: extradition I'm sure you're inundated with inquiries right now, so I apologize for adding to your load. You may remember that we had consulted with you and BOP HQ regarding conditions at the MCC and MDC in connection with defendant Jabir Motiwala's opposition to extradition from the UK. Following Jeffrey Epstein's death, Motiwala has filed an additional report by former-warden Baird and attached news articles about the conditions at the MCC. The attorneys in the UK handling the extradition have asked for our response. They recognize that we may not be able to address all of their questions in light of ongoing investigations, but is there any information we can provide with respect to the following (or could you let us know the proper person/people to talk to)? 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 SON1100016912 Page 11790 Page 310 EFTA00138822 Fwd: News 12 Inquiry- Jeffrey Epstein From BRO/Exec Assistant— To Date 2019/07/25 07:00 Subject: Fwd: News 12 Inquiry- Jeffrey Epstein Attachments: TEXT.htm, News 12 Inquiry- Jeffrey Epstein FYI SDNY_00016913 Page 11854 EFTA00138823 News 12 Inquiry- Jeffrey Epstein From NEWSI2BKLN To BRO/Exec Assistant Date 2019/07/25 06:40 Subject: News 12 Inquiry- Jeffrey Epstein Attachments: TEXT.htm, image001.png, Mime.822 Good morning, Reaching out in response to reports that Jeffrey Epstein, being held at Metropolitan Correctional Center in Manhattan, was found injured in his cell after a possible suicide attempt, allegedly semi- conscious with marks on his neck. Can you provide a statement in response to these reports and clarify what happened? Is there a possibility that Epstein will be transferred to another facility? Feel free to give us a call at 718-861-6800. Thank you. Best, Ashley Oviedo Assignment Editor News 12 The Bronx/Brooklyn 718-861-680o The information transmitted in this email and any of its attachments is intended only for the person or entity to which it is addressed and may contain information concerning Altice USA and/or its affiliates and subsidiaries that is proprietary, privileged, confidential and/or subject to copyright. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient(s) is prohibited and may be unlawful. If you received this in error, please contact the sender immediately and delete and destroy the communication and all of the attachments you have received and all copies thereof. SON1100016914 Page 11858 EFTA00138824 From: N W1 KN <N W K •news com> T•: >, Cc: NEWS12BKLN <NEWS12BKLN©news12.com> Subject: News 12 Inquiry- Jeffrey Epstein Sent: Thu, 25 Jul 2019 10:39:12 +0000 Good morning, Reaching out in response to reports that Jeffrey Epstein, being held at Metropolitan Correctional Center in Manhattan, was found injured in his cell after a possible suicide attempt, allegedly semi-conscious with marks on his neck. Can you provide a statement in response to these reports and clarify what happened? Is there a possibility that Epstein will be transferred to another facility? Feel free to give us a call at 718-861-6800. Thank you. Best, Ashley Oviedo Assignment Editor News 12 The Bronx/Brooklyn 718-861-6800 The information transmitted in this email and any of its attachments is intended only for the person or entity to which it is addressed and may contain information concerning Altice USA and/or its affiliates and subsidiaries that is proprietary, privileged, confidential and/or subject to copyright. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient(s) is prohibited and may be unlawful. If you received this in error, please contact the sender immediately and delete and destroy the communication and all of the attachments you have received and all copies thereof. SDNY_00016915 EFTA00138825 Inmate Epstein, Jeffrey Reg. No. 76318-054 From To Date 2019/07/24 02:41 Subject: Inmate Epstein, Jeffrey Reg. No. 76318-054 Attachments: TEXT.htm Good Morning: I would like to confirm the accuracy that management has approved that the above inmate's meals be delivered from the housing unit, for every feeding, to Attorney Conference? Additionally, is it correct that management has instructed that the inmate be escorted to the restroom every hour without being restrained, despite being a SHU inmate? Has the process changed for all inmates? If not, this is dear preferential treatment of an inmate. All other inmates who are in attorney conference or attending court during feeding, are provided a bagged lunch which is sent up from food service every morning. Please provide a response. Thank You, "I don't cheat to win, I'd rather lose." - Serena Williams MCC New York 150 Park Row New York, New York 10007 SON1100016916 Page 11866 EFTA00138826 Suicide Timeline re: Epstein, Jeffrey Edward, Reg. No. 73618-054 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. 7:32 am PIO notified of incident by the Warden ***Inmate Reyes is released from court and does not return to the institution. 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. 7:10 am 7:19 am 7:20 am 7:30 am notified. 7:36 am 7:40 am EMS departs institution enroute USMS notified of incident. SIS Lt notified. N'Diaye, Warden arrives at institution. official time of death reported Acting Chief Psychologist notified. to Beekman Hospital. , AW by ER physician. 8:00 am and Captain arrive at institution. 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 C. arrives at institution. SDNY_00016917 Page 315 EFTA00138827 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 return to institution. 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 is released to media. 11:15 am press release provided to Judge Berman. 11:15 am CST activated. 12:15 pm body release 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 CST debrief conducted. SON1100016918 Page 316 EFTA00138828 Epstein, Jeffrey Edward, Reg. No. 76318-054X From To Date 2019/08/3010:02 Subject: Epstein, Jeffrey Edward, Reg No. 76318-054X Attachments: TEXT.htm, Epstein, Jeffrey Edward, Reg. No. 76318- 054X.docx Lt. =, Please update with information that you have to current date. Thank you SDNY_00016919 Page 11878 Page 317 EFTA00138829 Re: Draft language From ' (OAG)" To Date 2019/08/12 08:10 Subject: Re: Draft language Attachments: TEXT.htm, Mime.822 Thanks. And please confirm the work schedules of those COs in question Their recent over tone and the time the worked leading up to the incident. On Aug 12, 2019, at 5:28 AM, > wrote: Yes, ■ and I had already discussed that and he will have info this morning. Sent from my Verimn, Samsung Galaxy smartphone Original message From: '1 (OAG)" <1 Date: 8/11/19 11:12 PM GMT-05:00 To: Cc: Subject: RE: Draft language >» (OAG)" 08/11/2019 23:12 >» Thanks. This is helpful. We can talk tomorrow about the timing. It will also be helpful to get some information about staffing at MCC I've seen additional press reports trying to link the staffing shortages, overtime and this incident. Thanks, From: Sent: Sunday, August 11, 2019 9:53 PM To: (OAG) Cc: Subject: Draft language MI as discussed, several options are below. Please note that we should discuss timing of all this. I will need to ensure staff are notified first, and I should let my Executive Staff know so they are not taken off guard as they will no doubt get a lot of questions from their staff and other wardens. Also note that the Warden just called El and told him the US Attorney is meeting with him at 10_am tosnovrowissSo Page 11888 Page 318 EFTA00138830 this probably should be some time after that interview. Preferred: Today, the Bureau of Prisons placed two staff who work in MCC NY on administrative leave pending the outcome of the investigation into the apparent suicide of Jeffrey Epstein. Additional actions may be taken as the circumstances of the investigations warrant. A more detailed version of above could read: Today, the Bureau of Prisons placed on administrative leave the two staff who worked in the Special Housing Unit at MCC NY pending the outcome of the investigation into the apparent suicide of Jeffrey Epstein. Additional actions may be taken as the circumstances of the investigations warrant. If a third staff member is added either version can be changed to read "three." If the warden is added, the following is proposed: The Bureau of Prisons also temporarily reassigned the MCC NY Warden to the Northeast Regional Office pending the outcome of the investigation. FCI Otisville Warden James Petrucci has been named Acting Warden of the MCC NY. While I prefer not to state the warden's name in this release, if you decide it needs to be added, his name is Lamine N'Diaye. Sent from my Verizon, Samsung Galaxy smartphone SDNY_00016921 Page 11889 Page 319 EFTA00138831 From: To: Makr > Cc: Subject: Re: Draft language Sent: Mon, 12 Aug 2019 12:10:13 +0000 Thanks. And please confirm the work schedules of those COs in question Their recent over tone and the time the worked leading up to the incident. On Aug 12, 2019, at 5:28 AM, H wrote: Yes, ■ and I had already discussed that and he will have info this morning. Sent from my Verizon. Samsung Galaxy smartphone Orizinamessage From: " (OAG)" <I Date: 8/11/19 11:12 PM (GMT-05:00 To: Cc: Subject: RE: Draft language >>>" (OAG)" 08/11/2019 23:12 >» Thanks. This is helpful. We can talk tomorrow about the timing. It will also be helpful to get some information about staffing at MCC I've seen additional press reports trying to link the staffing shortages, overtime and this incident. Thanks, From: Sent: Sunday, Au ust 11, 2019 9:53 PM To: (OAG) Cc: > Subject: Draft language M. as discussed, several options are below. Please note that we should discuss timing of all this. I will need to ensure staff are notified first, and I should let my Executive Staff know so they are not taken off guard as they will no doubt get a lot of questions from their staff and other wardens. Also note that the Warden just called and told him the US Attorney is meeting with him at 10 am tomorrow. So this probably should be some time after that interview. Preferred: Today, the Bureau of Prisons placed two staff who work in MCC NY on administrative leave pending the outcome of the investigation into the apparent suicide of Jeffrey Epstein. Additional actions may be taken as the circumstances of the investigations warrant. A more detailed version of above could read: Today the Bureau of Prisons placed on administrative leave the two staff who worked in the Special Housing Unit at MCC NY pending the outcome of the investigation into the apparent suicide of JeftRal? ..2 Additional actions may be taken as the circumstances of the investigations warrant. Page 320 EFTA00138832 If a third staff member is added either version can be changed to read "three." If the warden is added, the following is proposed: The Bureau of Prisons also temporarily reassigned the MCC NY Warden to the Northeast Regional Office pending the outcome of the investigation. FCI Otisville Warden James Petrucci has been named Acting Warden of the MCC NY. While I prefer not to state the warden's name in this release, if you decide it needs to be added, his name is Lamine N'Diaye. • Sent from my Vcrizon, Samsung Galaxy smartphone SDNY_00016923 Page 321 EFTA00138833 Re: Draft language From To Date Subject: Attachments: TEXT.htm 2019/08/12 08:28 Re: Draft language Also, the two officers that we are putting on AL, one is scheduled off today already and the other didn't show (so far). So the urgency of putting them on AL is less if they are not there.. is checking on the schedule of the others. » > ' (OAG)" < > 8/12/2019 8:10 AM > » Thanks. And please confirm the work schedules of those COs in question Their recent over tone and the time the worked leading up to the incident. On Aug 12, 2019, at 528 AM, > wrote: Yes,. and I had already discussed that and he will have info this morning. Sent from my Verizon, Samsung Galaxy smartphone Original message From: ((DAG)" < Date: 8/11/19 11:12 PM (GMT-05:00) To: Cc: Subject: RE: Draft language >>> ' (OAG)" 08/11/2019 23:12 >>> Thanks. This is helpful. We can talk tomorrow about the timing. It will also be helpful to get some information about staffing at MCC I've seen additional press reports trying to link the staffing shortages, overtime and this incident. Thanks, From: Sent: Sunda , Au ust 11, 2019 9:53 PM To: 0AG < Cc: < Subject: Draft language M, as discussed, several options arc below. Please note that we should discuss timing of all this. I will need to ensure staff are notified first, and I should let my Executive Staff know so they are not taken off guard as they will no doubt get a lot of questions from their staff and other wardens. Also note that the Warden iiscaf6424 Page 11896 Page 322 EFTA00138834 ■ and told him the US Attorney is meeting with him at Ifilm tomorrow. So this probably should be some time after that interview. Preferred: Today, the Bureau of Prisons placed two staff who work in MCC NY on administrative leave pending the outcome of the investigation into the apparent suicide of Jeffrey Epstein. Additional actions may be taken as the circumstances of the investigations warrant. A more detailed version of above could read: Today, the Bureau of Prisons placed on administrative leave the two staff who worked in the Special Housing Unit at MCC NY pending the outcome of the investigation into the apparent suicide of Jeffrey Epstein. Additional actions may be taken as the circumstances of the investigations warrant. If a third staff member is added either version can be changed to read "three." If the warden is added, the following is proposed: The Bureau of Prisons also temporarily reassigned the MCC NY Warden to the Northeast Regional Office pending the outcome of the investigation. FCI Otisville Warden James Petrucci has been named Acting Warden of the MCC NY. While I prefer not to state the warden's name in this release, if you decide it needs to be added, his name is Lamine N'Diaye. Scnt from my Verizon, Samsung Galaxy smartphonc SDNY_00016925 Page 11897 Page 323 EFTA00138835 RE: Follow up requests from UK re: extradition From To Date Subject: Attachments: TEXT.htm 2019/09/24 15:31 RE: Follow up requests from UK re: extradition They're all BOP staff. >>> ' (USANYS)" > 9/24/2019 329 PM >» One more question — are the Safety Department and/or Unit Team comprised of BOP personnel or inmates? Thanks, From: Sent: Tuesday, September 24, 2019 10:55 AM To: >; (USANYS) < Subject: RE: Follow up requests from UK re: extradition (USANYS) < Sure, we've given out that information publicly, so I have no problem with it. Thanks for checking!! Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 f:l >; > » ' (USANYS)" < > 9/24/2019 10:49 AM > » Thanks ! Are you ok with me putting the 2x monthly exterminator vitits and the sanitation info in a letter to the UK? 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: F: SDNY_00016926 Page 11969 Page 324 EFTA00138836 From: < > Sent: Tuesday, September 24, 2019 10:35 AM To: < >; (USANYS) < >; (USANYS) < > Subject: RE: Follow up requests from UK re: extradition Hi M, is out of the office in training this week. I can offer the following info: MCC contracts with an outside pest control company to have an exterminator come at least twice per 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 f Hi > » ' (USANYS)" 9/24/2019 9:56 AM > » SON1100016927 Page 11970 Page 325 EFTA00138837 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 New York, New York 10007 P: F: From: Sent: Tuesday, September 17, 2019 8:03 AM To: (USANYS) Cc: Subject: RE: Follow up requests from UK re: extradition Hi (USANYS) Per Psychology: CARE2-MH is indicative of an inmate who has a mental illness requiring routine outpatient mental health care (ongoing, monthly) and/or brief, crisis-oriented care. Thank you, > » ' (USANYS)" < > 9/13/201910:36 AM > » thank you so much for your thorough response. Just one question. You indicate that "inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary." Can you please just define CCS-MH (and provide that in the context of other classifications)? From: Sent: Thursda September 12, 2019 10:45 AM To: USANYS Cc: (USANYS) Subject: RE: Follow up requests from UK re: extradition Hi M , SDNY_00016928 Page 11971 Page 326 EFTA00138838 I am still gathering information, but wanted to give you information to start. Warden J. Petrucci is the Warden for the Federal Correctional Institution Otisville, NY, and is temporarily assigned to oversee MCC New York's operations. Warden Petrucci began his career in 1994 as a Correctional Officer at the Federal Correctional Institution Schuylkill, Pennsylvania, where he advanced to positions of increasing responsibility: Correctional Treatment Specialist, Unit Manager, and Case Management Coordinator. In 2014, Warden Petrucci promoted to Witness Security Coordinator in Washington, DC. He then promoted to Associate Warden at MDC Brooklyn, Deputy Regional Director for the Northeast Region of the Bureau of Prisons, and was named Warden at FCI Otisville this year. Warden Petrucci honorably served his country in the United States Army prior to beginning his career with the BOP. From psychology: • All inmates placed in SHU for 30 days receive a SHU review by the Psychology Services Department. This review involves a brief evaluation with a psychologist who assesses the inmate's psychological functioning, suicidality, and overall adjustment in SHU. • Psychology staff conduct weekly rounds in SHU and if an inmate expresses a need for psychology services, they are placed on a follow-up list to be seen as needed. • Inmates who are CC2-MH and above are pulled out for psychological interventions in SHU as deemed necessary. Inmates who express a desire to speak with psychology in a private area are always pulled out and placed in a private caged area to meet with a psychologist. • Psychology Services has Psychology Advisory List/Hot List hanging up in the SHU which lists all inmates with significant psychological issues or inmates that are at-risk of engaging in self-harm behaviors. This list serves as a guide to Correctional Officers in SHU to inform psychology services if an at-risk inmate enters the SHU. If one of these inmates are placed in SHU, psychology services sees the inmate within 24 hours of the notification for and evaluation of their mental status and adjustment to SHU. • All inmates removed from Suicide Watch are to be double celled with another inmate. This recommendation is placed in the Post Suicide Watch report and is sent in an e-mail to the Lieutenant's who will be escorting the inmates from suicide watch back to SHU. These at-risk inmates are also discussed in the Executive Staff meetings as well as their need for a cellmate. Cellmate's decrease risk for suicide by serving as a rescue opportunity, distraction, source of social support, and reduce feelings of isolation that a depressed inmate may be experiencing in SHU. • In general, all inmates in SHU should be double celled except in exigent circumstances (Safety concerns- separations from the other inmates, too violent to be celled with another, or contagious disease). • Inmate numbers: The majority of cells at the MCC are designed to accommodate at least two inmates. This was upheld as constitutional at MCC in Bell v. Wolfish, 441 U.S. 520, 99 Sup. Ct. 1861, 60 L.Ed.2d. 447 (1979) Staffing: Measures are being taken to increase MCC's staff complement. Racial unrest: Prison administrators are unaware of any racial unrest among either the inmate population or staff. I am awaiting the information we typically provide regarding sanitation and pest control, and hope to have that for you shortly. SON1100016929 Page 11972 Page 327 EFTA00138839 Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: f. > > > ' (USANYS)" < C@usdoj.gov> 9/3/2019 1:51 PM > » I forgot to attach the additional Baird report and news articles. From: (USANYS) Sent: Tuesday, September 3, 2019 1:49 PM To: Cc: (USANYS) < Subject: Follow up requests from UK re: extradition Hi I'm sure you're inundated with inquiries right now, so I apologize for adding to your load. You may remember that we had consulted with you and BOP HQ regarding conditions at the MCC and MDC in connection with defendant Jabir Motiwala's opposition to extradition from the UK. Following Jeffrey Epstein's death, Motiwala has filed an additional report by former-warden Baird and attached news articles about the conditions at the MCC. The attorneys in the UK handling the extradition have asked for our response. They recognize that we may not be able to address all of their questions in light of ongoing investigations, but is there any information we can provide with respect to the following (or could you let us know the proper person/people to talk to)? 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 1, Maureen Baird's Report, dated 22 August 2019] 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 §w ohiamoie sharing - Page 11973 Page 328 EFTA00138840 RE: Follow up requests from UK re: extradition From To Date 2019/09/24 10:54 Subject: RE: Follow up requests from UK re: extradition Attachments: TEXT.htm Sure, we've given out that information publicly, so I have no problem with it. Thanks for checking!! Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 t > » ' (USANYS)" .ci l=1.> 9/24/2019 10:49 AM > » Thanks ! Are you ok with me putting the 2x monthly exterminator vitits and the sanitation info in a letter to the UK? 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: >; (USANYS) < >; (USANYS) < 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: MCC contracts with an outside pest control company to have an exterminator come at least twice per 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 his,pitemsc date), Page 11999 Page 329 EFTA00138841 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 > » ' (USANYS)" c > 9/24/2019 9:56 AM > » Hi 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 New York, New York 10007 P: P. 111.A-47_1111RA SON1100016932 Page 12000 Page 330 EFTA00138842 RE: Follow up requests from UK re: extradition From (USANYS)" To Date 2019/11/12 14:29 Subject: RE: Follow up requests from UK re: extradition Attachments: TEXT.htm, Mime.822 Oh, and congrats for the move to Devens! From: < > Sent: Tuesday, November 12, 2019 2:24 PM To: < >; (USANYS) < >; (USANYS) < > Subject: RE: Follow up requests from UK re: extradition Hi left New York for the greener pastures of FMC Devens last month. I think the answer is that we have no present basis to believe he will be housed in SHU, subject to any changes in circumstance. Thanks, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10O07 Pi= f: >>> (USANYS)" > 11/12/2019 2:08 PM > » We've now been asked by the UK whether Mr. Motiwala will be detained in a Special Housing Unit (SHU) while he's held here pending trial. My guess is that the answer is that we have no present basis to believe that he will be held there, but that this wouldn't preclude some change in circumstances, as dictated by BOP policy, that might warrant a move to the SHU, and to then point them to the policy articulated at this link: httpsliwww.bop.gov/policy/progstat/5270.11.pdf Is that correct, or do you think BOP would draw a more definitive opinion, based on the knowledge it has now, as to whether Motiwala would be placed in the SHU? Best, SON1100016933 Page 12049 Page 331 EFTA00138843 RE: Follow up requests from UK re: extradition From (USANYS)" To Date 2019/11/12 14:29 Subject: RE: Follow up requests from UK re: extradition Attachments: TEXT.htm, Mimc.822 Thanks! If we need a declaration, who would you recommend we go to? (It looks like Motiwala is likely to be housed in MDC, but I'm wondering if there is someone from BOP that isn't assigned to a particular correctional facility that we might be better of speaking with for this.) From: Sent: Tuesday, November 12, 2019 2:24 PM To: < >; >; (USANYS) < Subject: RE: Follow up requests from UK re: extradition Hi (USANYS) left New York for the greener pastures of FMC Devens last month. I think the answer is that we have no present basis to believe he will be housed in SHU, subject to any changes in circumstance. Thanks, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 Pi= f: >>> ' (USANYS)" and > 11/12/2019 2:08 PM >>> We've now been asked by the UK whether Mr. Motiwala will be detained in a Special Housing Unit (SHU) while he's held here pending trial. My guess is that the answer is that we have no present basis to believe that he will be held there, but that this wouldn't preclude some change in circumstances, as dictated by BOP policy, that might warrant a move to the SHU, and to then point them to the policy articulated at this link: https://www.boo.gov/oolicv/orogstat/5270.11.odf Is that correct, or do you think BOP would draw a more definitive opinion, based on the knowledge it has now, as to whether Motiwala would be placed in the SHU? SON1100016934 Page 12068 Page 332 EFTA00138844 RE: Follow up requests from UK re: extradition From (USANYS)" To Date 2019/11/12 19:11 Subject: RE: Follow up requests from UK re: extradition Attachments: TEXT.htm, Mime.822 Thanks, From: Sent: Tuesday, November 12, 2019 2:31 PM To: Cc: Subject: RE: Follow up requests from UK re: extradition >; (USANYS) < (USANYS) I am looping in my attorneys at MDC They will be able to identify the appropriate Correctional Services staff member to execute a declaration (presumably the Captain or Deputy Captain). >>> I (USANYS)" < > 11/12/20192:29 PM > > > Thanks! If we need a declaration, who would you recommend we go to? (It looks like Motiwala is likely to be housed in MDC, but I'm wondering if there is someone from BOP that isn't assigned to a particular correctional facility that we might be better of speaking with for this.) From: Sent: Tuesday, November 12, 2019 2:24 PM To: >; (USANYS) >; (USANYS) < Subject: RE: Follow up requests from UK re: extradition Hi left New York for the greener pastures of FMC Devens last month. I think the answer is that we have no present basis to believe he will be housed in SHU, subject to any changes in circumstance. Thanks, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 P:= f SON1100016935 Page 12116 Page 333 EFTA00138845 Inmate Epstein, Jeffrey Reg. No. 76318-054 From To Date 2019/07/24 02:41 Subject: Inmate Epstein, Jeffrey Reg. No. 76318-054 Attachments: TEXT.htm Good Morning: I would like to confirm the accuracy that management has approved that the above inmate's meals be delivered from the housing unit, for every feeding, to Attorney Conference? Additionally, is it correct that management has instructed that the inmate be escorted to the restroom every hour without being restrained, despite being a SHU inmate? Has the process changed for all inmates? If not, this is dear preferential treatment of an inmate. All other inmates who are in attorney conference or attending court during feeding, are provided a bagged lunch which is sent up from food service every morning. Please provide a response. Thank You, "I don't cheat to win, I'd rather lose." - Serena Williams MCC New York 150 Park Row New York, New York 10007 SON1100016936 Page 12135 Page 334 EFTA00138846 Re: Inmate Epstein #76318-054 (Psych Observation) From • Date 2019/07/29 09:43 Subject: Re: Inmate Epstein #76318-054 (Psych Observation) Attachments: TEXT.htm He was still left in the same cell with a broken toilet. Please move him to the cell next door when he returns from legal as the toilet still does not work. Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: Fax: E-mail: >>> 7/28/2019 9:43 AM > » The toilet may not be correctly working in cell #4 in the Psych Observation area. When he returns from Attorney Conference, please move him into a different cell. Thank you, SON1100016937 Page 12139 Page 335 EFTA00138847 Inmate Epstein #76318-054 (Psych Observation) From Date 2019/07/28 09:43 Subject: Inmate Epstein #76318-054 (Psych Observation) Attachments: TEXT.htm The toilet may not be correctly working in cell #4 in the Psych Observation area. When he returns from Attorney Conference, please move him into a different cell. Thank you, SON1100016938 Page 12144 Page 336 EFTA00138848 UNITED STATES GOVERNMENT MEMORANDUM Metropolitan Correctional Center, New York, New York From: , M.D., Acting Clinical Director DATE: July 30, 2019 TO: Operation and SHU Lieutenants. Regarding: Extension Cord for Epstein, Jeffrey # 76318-054 The above inmate needs to have access to an electrical extension cord for him to use during the evening to plug in his CPAP machine. SDNY_00016939 EFTA00138849 EPSTEIN, Jeffrey, reg. no. 76318-054 From To mmiller@steptoe.eom Date 2019/07/30 07:58 Subject: EPSTEIN, Jeffrey, reg. no. 76318-054 Attachments: TEXT.htm Good morning Mike, I wanted to let you know that there may be a brief delay in getting your client to attorney-conference this morning as he is getting a shower, haircut, medical assessment, etc. Thank you, SON1100016940 Page 12244 EFTA00138850 EPSTEIN, Jeffrey, reg. no. 76318-054 From To Date 2019/07/30 07:48 Subject: EPSTEIN, Jeffrey, reg. no. 76318-054 Attachments: TEXT.htm Good morning all, 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 fp-a l SDNY_00016941 Page 12248 EFTA00138851 Re: Federal prison suicides rising before Jeffrey Epstein's death From To Date 2019/08/23 11:18 Subject: Re: Federal prison suicides rising before Jeffrey Epstein's death Attachments: TEXT.htrn Hi Rob has the information he gathered and sent to IPPA. I think an important point is that suicides in the community have also been on the rise. > » > 8/23/201910:39 AM > » Can I get any historical info you have? Thanks. htt ps://www.usatoday.com/story/news/politics/2019/08/22/federal -prison-suicides-rising- before-jeffrey- epsteins-death/2070689001/ Sent from my Verizon, Samsung Galaxy smartphone SON1100016942 Page 12307 EFTA00138852 Inmate Epstein #76318-054 (Psych Observation) From Date 2019/07/28 09:43 Subject: Inmate Epstein #76318-054 (Psych Observation) Attachments: TEXT.htm The toilet may not be correctly working in cell #4 in the Psych Observation area. When he returns from Attorney Conference, please move him into a different cell. Thank you, SON1100016943 Page 12315 Page 331 EFTA00138853 Re: Inmate Epstein #76318-054 (Psych Observation) From • Date 2019/07/29 09:43 Subject: Re: Inmate Epstein #76318-054 (Psych Observation) Attachments: TEXT.htm He was still left in the same cell with a broken toilet. Please move him to the cell next door when he returns from legal as the toilet still does not work. Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: Fax: E-mail: >>> 7/28/2019 9:43 AM > » The toilet may not be correctly working in cell #4 in the Psych Observation area. When he returns from Attorney Conference, please move him into a different cell. Thank you, SON \100016944 Page 12320 Page 342 EFTA00138854 Epstein, Jeffrey 76318-054 BP-A0203 From To Date 2019/07/3018:06 Subject: Epstein, Jeffrey 76318-054 BP-A0203 Attachments: TEXT.htm, 2019 07 30 18 02 33.pdf Boss, see attached. I found his file. Ms. had it and made sure everything was complete to include team. He was on 5 North for one night so the file was exactly where it needed to be. Attached is the copy of the Notice of Separation. Unit Manager Metropolitan Correctional Center 150 Park Row New York N.Y. 10007 TEL: x 6393 SON1100016945 Page 12325 EFTA00138855