Text extracted via OCR from the original document. May contain errors from the scanning process.
SWORN STATEMENT
OF
OIG CASE #:
2019-010614
SEPTEMBER 23, 2021
, Suite 285
Agoura Hills, CA 91301
Phone:
EFTA00116353
2
APPEARANCES:
BY:
BY:
WITNESS:
NONE
EFTA00116354
3
1
MR.
: This is Special Agent
2
. Today is September 23, 2021. The time
3 is 9:20 a.m., and we are beginning the
4 interview. My name is
. I'm a
5 Special Agent with the U.S. Department of
6 Justice, Office of the Inspector General, New
7 York Field Office, and these are my
8 credentials.
9
MS.
: I see.
10
MR.
: This interview with the
11 Federal Bureau of Prisons correctional officer
12 lieutenant,
. Did I say that
13 right?
14
MS.
: Yes.
15
MR.
: Is being conducted as part of
16 an official U.S. Department of Justice, Office
17 of the Inspector General, DOJ investigation.
18 Today's date is September 23rd, 2021. The time
19 is 9:20 a.m. This interview is being conduced
20 at the Metropolitan Correctional Center in New
21 York City. Also present is DOJ Senior Special
22 Agent.
23
MR.
. And
24 these are my credentials. Thank you.
25
MR.
: This interview will be
EFTA00116355
4
1 recorded by me, Special Agent
2 Could everyone please identify themselves for
3 the record, and spell your last name? To
4 start, again, I am DOJ/OIG Special Agent,
5
6
MR.
: Senior Special Agent
7
8
MS.
: I'm correctional lieutenant
9
10
MR.
: Thank you. This is an
11 official DOJ/OIG investigation into the death
12 of inmate Jeffrey Epstein, and you are being
13 asked to voluntarily provide answers to our
14 questions. Will you agree to a voluntary
15 interview with the DOJ/OIG?
16
MS.
: Yes.
17
MR.
: Okay.
18
MR.
: Thank you.
19
MR.
: Please review DOJ/OIG form
20 I1I-226/2. The form states, United States
21 Department of Justice, Office of the Inspector
22 General, Warnings and Assurances to Employee
23 Requested to Provide Information on a Voluntary
24 Basis. "You are being asked to provide
25 information as part of an investigation being
EFTA00116356
5
1 conducted by the Office of the Inspector
2 General. This investigation is being conducted
3 pursuant to the Inspector General Act of 1978,
4 as amended. This investigation pertains to job
5 performance failure, and security failure.
6 This is a voluntary interview. Accordingly,
7 you do not have to answer questions. No
8 disciplinary action will be taken against you
9 if you choose not to answer questions. Any
10 statement you furnish may be used as evidence
11 in any future criminal proceedings, or agency
12 disciplinary proceedings, or both." The waiver
13 states, "I understand the Warnings and
14 Assurances stated above and I am willing to
15 make a statement and answer questions. No
16 promises or threats have been made to me, and
17 no pressure or coercion of any kind has been
18 used against me." Please read the form, and if
19 you understand --
20
MS.
: Okay.
21
MR.
: -- can you please sign where
22 it says employee name, signature?
23
MR.
: Need a pen?
24
MS.
: Thank you.
25
MR.
: Move that out of the way.
EFTA00116357
6
1
MR.
: Yeah. (Indiscernible
2 *00:03:03). Thank you.
3
MS.
: Okay.
4
MR.
: Lieutenant
, do you
5 understand the form?
6
MS.
: Yes. Yes, sir.
7
MR.
: And you are signing the form
8 also.
9
MS.
: Mm-hmm.
10
MR.
: Thank you.
11
MS.
: That's it. Do my name?
12
MR.
: I'll fill out the --
13
MS.
: Okay.
14
MR.
: -- that part.
15
MS.
: No problem.
16
MR.
: Okay.
17
MR.
: Thank you.
18
MS.
: Thank you.
19
MR.
: I can fill it out,
20
21
MR.
: This is Agent
. I'm
22 signing on the signature of the Office of
23 Inspector General.
24
MR.
: Thank you. And I am
25 going to sign as the witness and put my name.
EFTA00116358
7
1 Thanks.
2
MR.
: Before starting the
3 interview, I would like to place you under
4 oath. Lieutenant
, can you please raise
5 your right hand?
6
MS.
: Sure.
7
MR.
: Do you swear to tell the
8 truth and nothing but the truth during this
9 interview?
10
MS.
: Yes. Yes, sir.
11
MR.
: Thank you. Please let me
12 know if you do not understand any questions,
13 and I will repeat it or try to rephrase it for
14 you.
15
MS.
: Okay.
16
MR.
: What is your current home
17 address?
18
MS.
:
19 A1B, Brooklyn, New York. 11209.
20
MR.
: Thank you. What is your date
21 of birth?
22
MS.
:
23
MR.
: What is your social security
24 number?
25
MS.
:
EFTA00116359
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
MR.
2 current cell
3
MS.
4
MR.
5 education?
6
MS.
7
MR.
8
MS.
MR.
in New York?
MS.
: It's upstate New Rochelle,
New York. Yes.
MR.
: And what was your major in?
MS.
: I was in psychology, though I
believe is liberal arts.
MR.
: What did you do prior to
working for the BOP?
MS.
: I worked for the New York
City Police Department as a school safety
agent.
MR.
: And when did you start
working for the BOP?
MS.
: When did I start?
MR.
: Start.
MS.
: May 18, 2003.
8
Thank you. And what is your
phone number?
What is your highest level of
College. Bachelors.
Which college?
The College of New Rochelle.
And what was your -? That's
EFTA00116360
9
1
MR.
: When did you graduate
2 college?
3
MS.
: May of 2012
4
MR.
: Okay.
5
MR.
: Thank you. Do you have any
6 military service?
7
MS.
: No, sir.
8
MR.
: And you said in 2003, you
9 started with the BOP?
10
MS.
: Yes.
11
MR.
: And when did you -? What was
12 the -? When did you first start?
13
MS.
: MDC Brooklyn.
14
MR.
: MDC Brooklyn?
15
MS.
: Yes.
16
MR.
: And you started as a C.O.?
17
MS.
: Yes.
18
MR.
: Okay. When did you graduate
19 from BOP training?
20
MR.
: You don't remember the
21 answer?
22
MR.
: Yeah.
23
MR.
: It was probably shortly
24 after you started, correct?
25
MS.
: Yes.
EFTA00116361
10
1
MR.
: Okay.
2
MR.
: Okay. And when did you
3 come to MCC?
4
MS.
: I came to MCC January 31st,
5 2011.
6
MR.
: And have you been here
7 since?
8
MS.
: Yes.
9
MR.
: Okay. And have you been
10 in the SIS Shop since then?
11
MS.
: No.
12
MR.
: Okay.
13
MS.
: I went into the SIS Shop in
14 2016.
15
MR.
: 2016?
16
MS.
: Yes.
17
MR.
: And then, in 2019, were
18 you a lieutenant with the SIS Office?
19
MS.
: Yes.
20
MR.
: Great.
21
MR.
: Okay. That's the basic
22 background we cover to --
23
MR.
: Yeah, no
24
MR.
:
on that.
25
MR.
: -- you can go into the
EFTA00116362
11
1 questions.
2
MR.
: So, what we're going to talk
3 to you today about is Mr.
Are you aware of
4 who Jeffrey Epstein is?
5
MS.
: Yes.
6
MR.
: And was he an inmate at the
7 MCC?
8
MS.
: Yes.
9
MR.
: Were you familiar with him
10 while he was housed here at the MCC?
11
MS.
: Yeah. I would say yes.
12
MR.
: Okay. Let's start off.
13 Well, were you familiar with his first suicide
14 attempt?
15
MS.
: Yes. I did the first
16 investigation on that one. Yes.
17
MR.
: Did that approximately, did
18 that happen approximately around July 23rd,
19 2019?
20
MS.
: Yes.
21
MR.
: Can you tell us what
22 happened? Based on your investigation and what
23 you found.
24
MS.
: Based on my investigation,
25 once I found out about the suicide attempt when
EFTA00116363
12
1 I came to work, I spoke to the staff team, as
2 well as his cellmate, to try to get both of
3 their sides of the story.
4
MR.
: Was that Tartaglione?
5
MS.
: Yes. Mr. Tartaglione.
6
MR.
: Okay.
7
MS.
: I spoke to Epstein in the R&D
8 area. He was a little hesitant, at first,
9 about speaking to me. He kept asking me who
10 was I? You know, what was I interviewing him
11 for? And I explained to him my position as the
12 SIS Lieutenant, to ensure his safety needs are
13 met, and, you know, I questioned him about the
14 alleged suicide attempt, and he said, I don't
15 remember what happened. I remember him telling
16 me he went to get a drink of water, and all he
17 remembered is he was on the floor. And the
18 staff will come in and he wouldn't provide much
19 of anything else.
20
I did question him about Mr. Tartaglione.
21 You know, did you guys have any words with each
22 other? You know, we were just cellmates at the
23 time. You know, when you went to get the drink
24 of water, and he would -. Either he say he was
25 laying on the floor, or sitting on the bed.
EFTA00116364
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
13
1 You know? I asked him, you know, are you
2 telling me the truth? Is there anything that
3 you would like to volunteer? You know, did you
4 intentionally try to harm yourself? And at
5 times, like, I didn't try to harm myself. I
6 don't know what happened. I just got a drink
7 of water, and next thing you know, I was on the
8 floor.
MR.
: Did you ask him if
attempted to harm him?
Yes.
: And what did he say to
MS.
MR.
that?
MS.
: And he said no.
MR.
: And he said Tartaglione
did not
MS.
MR. •
MS.
MR.
MR.
around h
MS. •
was. At
: Yes.
: -- try to harm him?
: He said he did not.
: Okay.
: Was there a noose found
is neck, at that point? Do you know?
: I think it was. I think it
the time. It was a rope, I want to
say, or something to that effect. They had
EFTA00116365
14
1 brought down to the SIS Shop, that they found.
2 I can't tell you that they found it around his
3 neck because I can't remember. To be honest
4 with you.
5
MR.
: And how did the C.O.s become
6 aware that he had possibly tried to commit
7 suicide?
8
MS.
: To my knowledge, Mr.
9 Tartaglione is who alerted the officers, by
10 banging on the door.
11
MR.
: And when the officers found
12 him, did they find a noose around his neck?
13 How did they find him, do you recall?
14
MS.
: I can't recall. I know that
15 they found him on the floor. But I can't
16 recall if it was around his neck.
17
MR.
: And Mr. Epstein stated that
18 Tartaglione did not try to kill him.
19
MS.
: Yes.
20
MR.
: Except there was a noose.
21
MS.
: Yes.
22
MR.
: Did he mention if he made the
23 noose himself, or how the noose came about?
24
MS.
: No. He didn't.
25
MR.
: And what was your impression
EFTA00116366
15
1 after talking to him? Did you believe that he
2 tried to take his own life?
3
MS.
: I kind of had mixed feelings
4 about it because he was insistent on that he
5 didn't try to take his own life. You know?
6 Normally, a person will say, okay, this was
7 going on, and he kept saying, no, I didn't try
8 to kill myself. I didn't try to kill myself.
9 I don't know what happened. So, I mean, during
10 the investigation and conclusion, I can't say
11 that he, you know, he did or he didn't, to be
12 honest with you. From the answers that I was
13 getting back from him.
14
MR.
: But he stated himself that
15 Tartaglione didn't try to kill him?
16
MS.
: Yes.
17
MR.
: So, the only other option
18 would have possibly been that he tried to
19 commit suicide himself?
20
MS.
: Right.
21
MR.
: Okay.
22
MR.
: Or do you believe that
23 inmate Tartaglione attempted to harm him?
24
MS.
: I don't.
25
MR.
: Yeah.
EFTA00116367
16
1
MS.
: I don't.
2
MR.
: So, was it inconclusive?
3
MS.
: It was pretty inconclusive.
4
MR.
: What is your feeling of
5 what happened, though? Being a trained
6 investigator.
7
MS.
: I don't know if it was, you
8 know, looking back, I kind of felt, like, okay,
9 was this, like, did he intentionally try to do
10 something to get our attention? You know, then
11 I leaned to, maybe he didn't. You know? You
12 have two inmates in the cell. And I'm, you
13 know, I'm also looking at did, you know, did
14 Tartaglione tell me the truth. You know, I
15 really can't say what happened because you
16 have, you know, Mr. Epstein saying, you know,
17 no, he didn't try to do anything to me, and I
18 asked about them interacting. Do they talk?
19 And he's, like, yes, we talk.
20
You know, we're cellmates. We talk. We
21 read books. He, you know? So, it wasn't no
22 reason for me to believe that Mr. Tartaglione,
23 you know, tried to harm him because Epstein
24 didn't give me that impression.
25
MR.
: And was he placed on
EFTA00116368
17
1 suicide watch as a result?
2
MS.
: Yes.
3
MR.
: So then, wouldn't you
4 only be placed on suicide watch if the thought
5 was that he was attempting to self-harm?
6
MS.
: If that was the thought made
7 by the psychology department --
8
MR.
: Okay.
9
MS.
: -- they would definitely
10 place you on suicide watch. Even if you said
11 it out of playing, they would place you on a
12 suicide watch.
13
MR.
: So, do you know how they
14 made that determination that he would be placed
15 on suicide watch?
16
MS.
: I don't know.
17
MR.
: Okay.
18
MS.
: I don't know.
19
MR.
: But it wasn't based upon
20 your investigation?
21
MS.
: No.
22
MR.
: Was it actually your
23 investigations conclusions, which actually
24 brought him off of suicide watch?
25
MS.
: No.
EFTA00116369
18
1
MR.
: No?
2
MS.
: No. I wouldn't say that.
3 Normally, they do their evaluation, the
4 psychology department, and when I guess they
5 determined that the inmates could return to the
6 general population, then they will release them
7 from the suicide watch.
8
MR.
: Okay. So, the SIS
9 determination of inconclusive doesn't actually
10 play into if he's on or off of suicide watch.
11
MS.
: I don't think it did.
12
MR.
: Okay.
13
MS.
: I don't think it did.
14
MR.
: Inmate Tartaglione. Had he
15 been at the MCC for a long time?
16
MS.
: Yeah. He's been at the MCC
17 for quite some time.
18
MR.
: Did he have any history of
19 violence with any of the inmates?
20
MS.
: Not violence. He was more of
21 a cellphone carrier. I think I caught him with
22 a cellphone at a time.
23
MR.
: Is --
24
MS.
: You know --
25
MR.
: -- is that why --
EFTA00116370
1
MS.
2
MR.
3
MS.
4 SHU at that
5
MR.
6 got chosen
7
MR.
8
MR.
9
MS.
10
MR.
: Sorry.
11
MS.
: Actually, I don't. I don't
12 know how they put the two of them together.
13 Normally, if it's, you know, if we're vetting
14 cellmates for, say, that they would ask me, you
15 know, who do you think would be more suitable,
16 but in Epstein's case, nobody asked me. So,
17 don't know how they became cellmates.
18
MR.
: You don't know if any
19 decisions were made by the higher ups, in
20 regards to him?
21
MS.
: I don't know.
22
MR.
: Okay. And after this
23 incident happened, was Tartaglione removed from
24 the cell? Or was inmate Epstein removed from
25 the cell?
19
■: -- something to that effect.
: -- he was in the SHU?
■: I think that's why he was in
time.
■: Do you recall how Tartaglione
to be Epstein's inmate?
: Cellmate.
■: Cellmate. Sorry.
■: Oh.
EFTA00116371
20
1
MS.
: I'm not sure which one were
2 removed, or if they both was placed in
3 different cells, with different cellmates. I'm
4 not sure.
5
MR.
: Well -.
6
MR.
: Well, inmate Epstein was
7 actually placed on suicide watch.
8
MS.
: Right. But I'm not sure if
9 Mr. Tartaglione remained in that same cell.
10
MR.
: Okay. But he was in the SHU
11 after that meeting with him?
12
MS.
: Yes.
13
MR.
: Were there any issues with
14 him after that incident?
15
MS.
: With?
16
MR.
: With Tartaglione.
17
MS.
: Not that I'm aware of.
18
MR.
: Okay. And we asked about the
19 suicide watch. Now, being that if an inmate
20 was - an incident like this happened, let's
21 skip the fact that it was inmate Epstein --
22
MS.
: Okay.
23
MR.
: -- if an inmate was found
24 with a noose, and there was a possibility of a
25 suicide, what's the normal procedure that
EFTA00116372
21
1 happens? What happens to the inmate? What
2 does the MCC do with the inmate?
3
MS.
: If it was an incident where
4 he was found, let's say, while I was a
5 lieutenant on, and it happened, I would remove
6 him from the cell, of course, immediately.
7 Notify psychology of what occurred. At that
8 point, I would be placing him on suicide watch,
9 with an inmate companion watching him, but I
10 would make sure, you know, we take all of his
11 clothing, everything, and he would get nothing
12 but a suicide smog. And a suicide blanket.
13
MR.
: And how long does that normal
14 suicide watch last?
15
MS.
: It can vary.
16
MR.
: What's the shortest you've
17 ever seen somebody put om suicide watch?
18
MS.
: Maybe a couple of days, but I
19 can't tell you a, you know, one or two days, or
20 three. But maybe a couple of days.
21
MR.
: Based on what we've found
22 out, it looks like this attempt was on the
23 23rd, and 24th morning, he was removed from
24 suicide watch and placed in psych observation.
25
MS.
: Right.
EFTA00116373
22
1
MR.
: Do you think that was too
2 early to remove him from suicide watch? I know
3 this is -. What is the difference between
4 psych op and suicide watch?
5
MS.
: It's the same area. Psych
6 ops is, they just get their clothing back. But
7 they are still being watched.
8
MR.
: It's the same thing,
9 right?
10
MS.
: It's the same thing.
11
MR.
: Yeah.
12
MS.
: They're still being watched
13 by an inmate companion.
14
MR.
: Is there any other benefit to
15 being in suicide watch - in terms of suicide
16 watch versus psych observation - any benefits
17 to being in psych ops?
18
MR.
: Yeah. You have your
19 clothes.
20
MS.
: You get your clothes.
21
MR.
: Your clothes.
22
MS.
: I mean -.
23
MR.
: Was it - if it was any other
24 inmate - would they have given back his clothes
25 that fast?
EFTA00116374
23
1
MS.
: I don't know. That would be
2 the psychology department determination.
3
MR.
: Okay. Did you - now, moving
4 forward, I think around July 30th, I believe,
5 that he was removed from psych observation, and
6 he was placed back in the SHU - do you recall
7 hearing why he was removed from psych
8 observation
9
MS.
: No.
10
MR.
: -- and placed back in the
11 SHU?
12
MS.
: No.
13
MR.
: Do you have any questions?
14
MR.
: Yeah. Just to go back,
15 file back to Nicholas Tartaglione. So, I knew
16 you - when asked - you said you weren't, you
17 knew he was more of a cellmate carrier kind of
18 a guy, but do you know of any instances where
19 he actually did harm another inmate?
20
MS.
: No.
21
MR.
: No?
22
MS.
: No.
23
MR.
: Great. Thank you.
24
MR.
: All right. Anything else on
25 the -?
EFTA00116375
24
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
MR.
2
MR.
3
MR.
4
MR.
5 Were you
6
MS.
7
MR.
8 you be -
MS.
MR.
MS.
: Nope.
: Okay.
: You can go ahead.
: Now, let's go to August 9th.
working on August 9th, 2019?
: I think I was off August 9th.
: Okay. Let me just -. Would
Would your name be on the -?
: On the roster?
: On the roster.
: Yeah. I would be on the
roster. I think I was off, or maybe I left
early August 9th. Or something. I can't
remember.
MR.
: I'm going to provide you a
copy of August 9th --
MS.
: Okay.
MR.
: -- roster. MCC SHU roster.
MS.
MR.
and let
MS.
MR.
MR.
MR. ■
: Yes.
: If you can take
me know if you were on
: No. I'm not on
: Okay.
: Okay.
: And who --
a look at it
schedule.
it.
EFTA00116376
25
1
MR.
: Oh, sorry.
2
MR.
: -- where would that be
3 listed? Sorry.
4
MR.
: I thought you were going
5 to -. I thought we were just talking about
6 this. This next one. Did you hear anything -
7 just going back, before we talk about the
8 suicide watch, psychological observation room,
9 we'll go - did you hear anything about anyone
10 contacting the MCC and requesting that he be
11 removed from psychological observation?
12
MS.
: No.
13
MR.
: No? And you didn't hear
14 that, like, for instance, his attorneys were
15 trying to get him off of psychological
16 observation, so that they could continue with
17 their attorney/client visits?
18
MS.
: No. I didn't hear.
19
MR.
: You never heard that?
20
MS.
: No.
21
MR.
: Okay. Perfect. Now, we
22 can move to the actual -.
23
MR.
: So, I showed you the August
24 9th roster. You said you are not on there?
25
MS.
: Can I -. Actually --
EFTA00116377
26
1
MR.
2
MS.
3
Lieutenant, i
4 Lieutenant.
5 Lieutenant.
6
MR.
7 what does it
8
MS.
9
MR.
10 day?
11
MS.
12 Lieutenant.
13 Nobody was in
14
MR.
15 us?
16
MS.
17
MR.
18 the 9th, is w
19
MS.
20
MR.
21
MS.
22
MR.
23
MS.
24
MR.
25 abnormal, for
Where -?
-- I would be under the SIS
f you -. Under the SHU
I would be under the SIS
And there is - on that 9th,
state there? It says unassigned?
Unassigned.
So, no one was working that
No. I was the only SIS
I'm trying to think. Yeah.
there that day.
Can you just circle that for
Sure.
: So, you were not here on
hat you are saying?
No.
: Okay.
No.
: And no one was?
Not in the SIS Shop.
: Oh, wow. Is that
being a Friday, without anyone
EFTA00116378
27
1 being in SIS?
2
MS.
: Actually, the SIS Technician,
3 her days off is Friday and Saturday.
4
MR.
: Oh, wow.
5
MS.
: And at the time, it was only
6 two of us working in the whole area.
7
MR.
: So, there was only one
8 tech and lieutenant?
9
MS.
: One tech and one lieutenant.
10
MR.
: Would the SIA have been
11 on?
12
MS.
: We didn't have one at the
13 time.
14
MR.
: Oh, so it was literally
15 just the two of you?
16
MS.
: Yes.
17
MR.
: Okay. So, this wasn't,
18 then, abnormal that, on a Friday, no one was
19 working?
20
MS.
: No. I normally --
21
MR.
: (Indiscernible
22 *00:19:28).
23
MS.
: -- on a Friday, I would have
24 been on because she would have been off. So, I
25 took off --
EFTA00116379
28
1
MR.
: (Indiscernible *00:19:36).
2
MS.
: -- on Friday. I can't recall
3 why.
4
MR.
: Sure.
5
MS.
: But -.
6
MR.
: And who was the SIS tech?
7
MS.
: Her name is
8 (Phonetic Sp. *00:19:43).
9
MR.
10
MS.
: Yes.
11
MR.
: All right.
12
MR.
: But she wasn't here?
13
MS.
: No. She wasn't here.
14
MR.
: And do you recall that
15 you actually - I know that the schedule says
16 that - but do you recall not being here?
17 Thinking that it was the day before.
18
MS.
: Yes.
19
MR.
: Okay.
20
MR.
: Put this here just in case we
21 need to go back.
22
MR.
: Okay.
23
MR.
: When did you first become
24 aware that Epstein's cellmate, inmate Reyes,
25 was removed as his cellmate?
EFTA00116380
29
1
MS.
: The day of the actual
2 suicide.
3
MR.
: When you say actual suicide,
4 which would be --
5
MS.
: August 10th.
6
MR.
: -- August 10th.
7
MS.
: Yes.
8
MR.
: Saturday, when you came in,
9 that's when you learned -?
10
MS.
: When I came in. Mm-hmm.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR.
: Okay. Were you aware that,
when you came in, what were you aware of why
Reyes was removed from the institution?
MS.
: After speaking to him, they
told me he got released from court. That's
what I was told.
MR.
: Who told you that he was -?
MS.
: Not sure.
MR.
: Not sure. Okay.
MS.
: I can't remember.
MR.
: So, your understanding was,
Reyes went to court and he just didn't come
back?
MS.
: Right. That's what I
understand.
EFTA00116381
30
1
2
3
4
5
6
7
8
9
MR.
: What's a normal procedure,
how do the MCC find out if an inmate is being
moved to court, or being transferred out?
MS.
: From court, you're saying?
MR.
: From court. Let's say --
MS.
: You're talking about court.
MR.
: -- Reyes was -.
MR.
: Well, no, in this case,
did you ever hear that Reyes actually never
10 went to court, he actually was transferred to
11 another institution?
12
MS.
: No. I heard he went to
13 court.
14
MR.
: So, even to this date --
15
MS.
: And was released from court.
16
MR.
: -- to this date, did you
17 ever hear that, that he never went to court?
18 He actually was transferred?
19
MS.
: No. I've never heard that.
20
MR.
: Oh, you've never even
21 heard that?
22
MS.
: No.
23
MR.
: Okay. Sorry. Because
24 that's what happened. He never went to court.
25 He was transferred.
EFTA00116382
31
1
MS.
: I still don't know.
2
MR.
: That's what
3 (Indiscernible *00:21:24).
4
MS.
: That's news to me, right. I
5 have --
6
MR.
: Sure.
7
MS.
: -- assumed that he went to
8 court, and, you know, maybe, I thought maybe he
9 made bail or something --
10
MR.
: Okay.
11
MS.
: -- and he got released from
12 court.
13
MR.
: But that's what everybody
14 was saying, that he actually went to court?
15
MS.
: Yes.
16
MR.
: Okay.
17
MR.
: So, based on what we - our
18 investigation, I'll show you an email. This
19 email is dated -. This is from
20 from the U.S. Marshals Service.
21
MS.
: Okay.
22
MR.
: And it went to, it looks like
23 the employees at the R&D.
24
MS.
: Mm-hmm.
25
MR.
: And it says, transfer of
EFTA00116383
32
1 inmates on August 8th, 2019, at 10:33 a.m.
2 This email was sent to them. If you take a
3 look at the title, the subject, it says,
4 "Transfer of inmates."
5
MS.
: Yeah.
6
MR.
: And it says, "Transfer of
7 prisoners from --
8
MS.
: I see it.
9
MR.
: -- to GEO.
10
MS.
: To GEO.
11
MR.
: And inmate Efrain Reyes is
12 stated on this. So, he never -. It's not that
13
14
15
16
17
18
19
20
21
22
23
24
25
he went to court.
He actually was transferred
to GEO. Do you know what the procedure is for
something like that? If an inmate is to be
transferred, how do they pull the inmate out?
How do they let the SHU know that the inmate
needs to be pulled out?
MS.
: Normally, R&D would get in
touch with the SHU officers, pretty early in
the morning, 6:00 in the morning, to get their
courts, and whoever is leaving, ready.
MR.
: Is that known as a court
list?
MS.
: A court list.
EFTA00116384
33
1
MR.
: And that list comes over, and
2 they let the SHU officers know?
3
MS.
: Yes.
4
MR.
: So, they prepare them. And
5 on that - if that he was leaving - what would
6 it state on the -? Have you ever heard the
7 term, WAB?
8
MS.
: Yes.
9
MR.
: What does --
10
MS.
: Yes.
11
MR.
: -- WAB mean to you?
12
MS.
: With All Belongings.
13
MR.
: And what is your
14 understanding if it states that?
15
MS.
: To me, With All Belongings
16 can mean anything. You know, where is he
17 going? To Brooklyn? Is he going home?
18
MR.
: But does it mean that he's
19 coming back?
20
MS.
: To me, no.
21
MR.
: And your understanding is, if
22 it says WAB, he's leaving for certain?
23
MS.
: Right.
24
MR.
: Okay.
25
MS.
: Right.
EFTA00116385
34
1
MR.
: And when, as an SIS,
2 would you get a copy of those court production
3 lists --
4
MS.
: No.
5
MR.
: -- or productions? No?
6
MS.
: No.
7
MR.
: Okay.
8
MR.
: Do you know, I mean, it's on
9 the top, do you ever -. Do you recall, after
10 this investigation started, after Epstein's
11 death, ever seeing that court list for that
12 day?
13
MS.
: No. I've never seen it.
14
MR.
: If we wanted to obtain a copy
15 of it, do you know if there's any way we can
16 obtain a copy of that?
17
MS.
: I would think it should be in
18 the Receiving and Discharge area.
19
MR.
: And that's something that
20 they --
21
MS.
: The R&D.
22
MR.
: -- if we asked, and based on
23 it, it said no one seems to have maintained a
24 copy of that. It looks like they've printed
25 off for the day, and then they disposed of it.
EFTA00116386
35
1
MS.
: I don't know.
2
MR.
: Okay.
3
MR.
: Was it kept, though,
4 under your investigation, for when you went in
5 on the 10th? Do you know if that was, at all,
6 part of, like, anything that you would have
7 collected?
8
MS.
: Did I? I don't think I had
9 the court list.
10
MR.
: No?
11
MS.
: To be honest with you. I had
12 a lot of stuff. But I don't recall seeing the
13 court list.
14
MR.
15
MS.
16
MR.
17 10th, did
18
19
20
21
22
23
24
25
: So, in the stuff
: Oh.
: -- that you did, on the
you involve at all, did you look into
it at all, Reyes leaving and Epstein not having
a cellmate?
MS.
: I think I did. I think I did
run his SENTRY paperwork, once I got here, to
see where was Reyes. What happened with Reyes.
I think I did run his SENTRY paperwork.
MR.
: Okay. But you didn't -.
You didn't ever maintain, you know, obtain that
EFTA00116387
36
1 court list, though?
2
MS.
: I didn't have the court list.
3
MR.
: Okay.
4
MS.
: I don't recall having a court
5 list. No.
6
MR.
: And so, do you - if R&D
7 doesn't maintain it - do you know if there is
8 any way that we could get our hands on one of
9 these court lists?
10
MS.
: I don't know. I don't know,
11 in SENTRY, because I don't deal with their
12 functions. So, I don't even know if they were
13 able to - be able to go back.
14
MR.
: Yeah, no, they can't.
15 They replace it every day.
16
MS.
: Right.
17
MR.
: Every (Indiscernible
18 *00:25:14), so no one --
19
MS.
: See, I don't --
20
MR.
: -- it's only maintained
21 in SENTRY for 24 hours. Do you have the other
22 email?
23
MR.
: Which one?
24
MR.
: The one that they sent
25 everybody else of in R&D. Saying that he was
EFTA00116388
37
1 being transferred.
2
MR.
: Oh, no. I don't have that
3 email. I think that's separate. I didn't
4 print that one out.
5
MR.
: Okay. And do you know,
6 are you familiar with how the U.S. Marshals
7 Service - at least back then, I don't know if
8 they still do this - but they would send out an
9 email the day before, which would be sent to,
10 like, all the lieutenants, and a number of
11 other people, for people who, the following
12 day, are going to court or being transferred.
13 Are you familiar with that email that's sent by
14 the Marshals Service?
15
MS.
: I've probably seen it.
16
MR.
: Okay. But you don't
17 really know what I'm talking about?
18
MS.
: Oh, it --
19
MR.
: Okay.
20
MS.
: -- I would have to see it.
21 To be honest with you.
22
MR.
: Okay.
23
MR.
: I'm going to take a step
24 back. When Epstein was brought out of psych
25 observation, he was placed in the SHU. Do you
EFTA00116389
38
1 recall that anyone from upper management, or
2 even psych, mentioning that he was required to
3 have a cellmate?
4
MS.
: I didn't hear it, per se.
5 But normally, when they come off of suicide
6 watch, or a psych observation, they have to
7 have a cellmate. And psychology, usually
8 harbor on that. You know? They have to --
9
MR.
: Why is it --
10
MS.
: -- have a cellmate.
11
MR.
: -- why is it that they need a
12 cellmate?
13
MS.
: I don't want to guess, but I
14 would say, even though, you know, an attempt
15 possibly was made, you want to prevent
16 something happening going forward.
17
MR.
: And do you recall - but you
18 said you're not sure - but do you recall that
19 there was a requirement for Epstein to have a
20 cellmate?
21
MS.
: Yes. I do recall them saying
22 he had to have a cellmate.
23
MR.
: And that was by word of
24 mouth?
25
MS.
: By word of mouth.
EFTA00116390
39
1
MR.
: Do you recall who you heard
2 it from?
3
MS.
: Let's see. I want to say Dr.
4
who is the psychologist. I want to say
5 Dr.
said that he has to have a cellmate.
6
MR.
: So, she probably came down.
7 Do you recall if she told other people in the
8 SHU, in regards to that?
9
MS.
: I don't know because I
10 wouldn't have been in the SHU.
11
MR.
: All right.
12
MS.
: Sorry.
13
MR.
: The reason I ask is, now that
14 we know that Reyes is leaving the SHU, right?
15 And he's WAB, that, and the court list comes
16 down, and our understanding is, on that court
17 list, it states WAB --
18
MS.
: Mm-hmm.
19
MR.
: -- and he's brought down to
20 R&D. And he's removed from the facility.
21 Whose responsibility would it have been, at
22 that point, to make sure that Epstein had a
23 cellmate?
24
MS.
: I would say the supervisor.
25 That was the SHU Lieutenant, whoever was on,
EFTA00116391
40
1 because he would know that he's leaving out of
2 the SHU.
3
MR.
: And this is the August 9th
4 roster again. If you take -.
5
MR.
: So, SHU Lieutenant
6 was actually off --
7
MR.
: Yeah.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR.
: -- on the 9th, as well.
MS.
: Okay.
MR.
: So, if he is off, then
who would then become the next person --
MS.
: The next person --
MR.
: -- moving up?
MS.
: -- would be the Operations
Lieutenant, should have been notified.
MR.
: And who should have
notified the Operations Lieutenant?
MS.
: Normally, the SHU staff
say, you know, this guy left, and, you
Epstein doesn't have a bunkie.
MR.
: And at what point
MS.
: So, I'm sorry --
MR.
: -- should the --
MS.
: -- cellmate.
MR.
: That's fine.
would
know,
EFTA00116392
41
1
MR.
: At what point should the
2 SHU staff have notified the Operations
3 Lieutenant?
4
MS.
: Immediately.
5
MR.
: So, as soon as that
6 person is being -?
7
MS.
: As soon as Mr. Reyes came out
8 that cell.
9
MR.
: Okay. And is it one
10 person over another, within the SHU, that
11 should have told him? Or is it any one of
12 them?
13
MS.
: No.
14
MR.
: Or all of them?
15
MS.
: I would say any one.
16
MR.
: Was there a person referred
17 to as the officer in charge, in the SHU, during
18 that time? Like, one specific --
19
MS.
: Yes.
20
MR.
: -- person.
21
MS.
: They do have, yes, the SHU
22 OIC, yes.
23
MR.
: I know this roster shows SHU-
24 1, SHU-2, SHU-3.
But --
25
MS.
: Yes.
EFTA00116393
42
1
MR.
: -- was there any specific
2 person, during that time period, who was
3 considered - it might not be listed as the SHU-
4 1 - but was considered to be the officer in
5 charge?
6
MS.
: Yes. It would been the SHU
7 number one, which would be Officer
.
8
MR.
:
. But what about, we
9 heard other people refer to as
as,
10 though, the officer in charge. Because he's
11 been in there the longest, at that point.
12
MS.
: Yes.
13
MR.
: Have you ever heard that?
14
MS.
: Yes.
15
MR.
: He would be the OIC?
16
MS.
: He was the OIC, probably for
17 the quarter, I would say, he was.
18
MR.
: And why wouldn't he be
19 listed as SHU-1, if he was the OIC for the
20 quarter? Do you know?
21
MS.
: He could have been on his day
22 off. I don't know.
23
MR.
: No, no. He was there.
24 And we heard that --
25
MS.
: Oh, he was?
EFTA00116394
43
1
MR.
: -- he actually was the
2 OIC. But he's not listed as one.
3
MS.
: Oh, I don't know. I didn't
4 even see him as the number three. I don't
5 I don't know.
6
MR.
: But he should have been
7 listed as one, because he was the quarter --
8
MS.
: If that was his --
9
MR.
: -- post?
10
MS.
: -- if that was his post for
11 the quarter, he should have been listed as the
12 SHU number one.
13
MR.
: Okay.
14
MS.
: Unless they did a switch, or
15 a mutual thing, or something to that effect.
16
MR.
: And
, at that point,
17 in 2019, had enough experience in the SHU, as
18 the SHU OIC, from your recollection?
19
MS.
: Yeah.
20
MR.
: So, the morning of, what
21 happened based on our investigation, is Epstein
22 and his cellmate, Reyes, were removed at the
23 same time. So, Officer
came in.
24
MS.
: Okay.
25
MR.
: With the court order. He
EFTA00116395
44
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 immediately?
21
MS.
: Yes.
22
MR.
: Do you think they would have
23 known that it was important that they made the
24 notification?
25
MS.
: Yes.
knew --
MR.
: Court list.
MR.
: -- court list, and he knew
that Reyes was leaving. So, they packed up his
stuff in a little brown paper bag, and
retrieved Epstein from his cell, also, and they
both were transported on the elevator down
together. Epstein to attorney conference, and
Reyes out.
MS.
: Okay.
MR.
: And we know, in the elevator,
too, there was a conversation about Epstein
needing a cellmate.
MS.
: Okay.
MR.
: Now, being that
escorted him down, and down, he was in the
elevator, and
was in the elevator,
knowing that Reyes is leaving, out of them two,
should either of them have made a notification
EFTA00116396
45
1
MR.
: Why do you think that?
2
MS.
: If you had a conversation
3 about him needing a cellmate, that means - to
4 me - you know that it was important for him to
5 have one. And you knew that his - obviously -
6 Mr. Reyes was leaving WAB. And Epstein needed
7 a cellmate. So, or I feel, like, right then
8 and there, the notification should have been
9 made. Even though he's in attorney conference,
10 but his cellmate is leaving, lieutenant, we
11 need a cellmate for him.
12
MR.
: Is there any reason for them
13 to believe that, even though it showed WAB,
14 that Reyes - that for them to believe that
15 Reyes would be coming back?
16
MS.
: I would say no. If it says
17 WAB, that's what it is. I would assume that
18 he's not coming back.
19
MR.
: Now, if, let's say they've
20 mentioned sometimes they bring inmates down to
21 R&D, and the bus doesn't come. Or they're not
22 going to court, and sometimes they come back
23 up. How long does that process normally take?
24
MS.
: It happens. Hmm. I've seen
25 it be a couple of hours, before the inmates
EFTA00116397
46
1 will come back up.
2
MR.
: So, this is, they were
3 brought down any time between 8:00 a.m. and
4 8:30 a.m.
5
MS.
: Mm-hmm.
6
MR.
: So, when you say a couple
7 hours, we're talking about anywhere between
8 10:00 and 10:30 a.m.?
9
MS.
: Yeah. I've seen inmates come
10 up later. You know, an hour and a half, you
11 know, he didn't -. He's not leaving on a bus.
12 Once they get everybody on the bus, they will
13 go back up to Special Housing.
14
MR.
: Now, if the inmate was not
15 brought back up to the SHU, let's say by even
16 11:00 a.m., right? Because if they're
17 expecting that there is a possibility that the
18 inmate might come back up, and it doesn't
19 happen by 11:00 a.m., should they have made a
20 notification?
21
MS.
: They normally would. And
22 because they - I'm going to reach and say -
23 they assumed he was leaving, because he didn't
24 come back --
25
MR.
: I should clarify that --
EFTA00116398
47
1
MS.
: -- come by then.
2
MR.
: -- I mean, I meant
3 notification, should
or anybody in the
4 SHU, at that point, at 11:00, notified the
5 superior, hey, listen - supervisors - hey,
6 listen, Reyes is gone, and Epstein is --
7
MR.
: And not 11:00. Just
8 during their shift. At some point, if they
9 left their shift at 2:00 p.m. without making a
10 notification, should have they known by 2:00
11 p.m., at the very least, that he was not coming
12 back?
13
MS.
: Absolutely.
14
MR.
: Okay. So, at some point,
15 prior to 2:00 p.m., a notification should have
16 been made?
17
MS.
: Yes. Yes.
18
MR.
: And you mentioned that it
19 should have been to the SHU Lieutenant.
20 Lieutenant
is not there. And it should
21 have been the ops lieutenant. Who was the ops
22 lieutenant during that shift? The morning
23 shift.
24
MS.
:
25
MR.
: And he should have been
EFTA00116399
48
1 notified, and what should have
2 done?
3
MS.
: He should have notified, of
4 course, his chain of command, which is the
5 captain, hey, Epstein's cellmate has left, and
6 he needs a cellmate. And that, also, we would
7 have told psychology, you know, Epstein's
8 cellmate left. He needs a cellmate because
9 somebody vetted the cellmates. So, I would
10 say, I guess, they would go back to that
11 process of seeing who was a good fit for him.
12
MR.
: And if - what is your
13 understanding - if that notification was never
14 made up the chain of command?
15
MR.
: What's your question?
16
MS.
: Yeah.
17
MR.
: What is your understanding,
18 if they never made -? Was somebody at fault,
19 in terms of -. I should clarify that. If that
20 notification never got -. If
never
21 told the ops lieutenant, and the ops lieutenant
22 never told the captain, right? When was the
23 next time they would have caught onto the fact
24 Epstein needed a cellmate?
25
MS.
: Again, I would say somewhere
EFTA00116400
49
1 between that shift, they should have made that
2 notification. If not, it would have went onto
3 the evening shift, that he still was without a
4 cellmate.
5
MR.
: And you said that the inmate
6 was vetted. So, could anyone have assigned a
7 cellmate to Epstein? Anyone in the SHU
8 assigned somebody to be Epstein's cellmate?
9
MS.
: Normally, in a case where
10 they try to get that good fit, they would talk
11 to the captain, who would talk to psychology,
12 and they'll go through the SHU roster to see
13 who they think would be suitable to put him in
14 with.
15
MR.
: Okay. Do you have anything
16 else on that?
17
MR.
: Yes. So, when you go to
18 - you said the next shift - so, who -? So,
19 you're saying that, after
left, and
20 his shift left, then the next shift in the SHU
21 should have, then, made the same notifications
22 up the chain of command?
23
MS.
: If they're saying he didn't
24 have a cellmate.
25
MR.
: Okay
And then, would
EFTA00116401
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
MS.
: Right.
21
MR.
: Yes?
22
MS.
: Yes, sir.
23
MR.
: Okay. So, is that a kind
24 of an excuse to say, for the operations
25 lieutenant, hey, I know Reyes left, but I
50
that go on again to the morning watch?
Because, again, he didn't have a shift for 24
hours. So, every shift, should have they made
that notification up?
MS.
: I would say yes.
MR.
: Okay. And is it your
understanding that the operations lieutenant
actually has that same court list, that they
would have had, that would have shown him as
WAB?
MS.
: The court list, yeah.
Usually, it's in the lieutenant's office, in
the mornings.
MR.
: Okay. So, if
says
that he actually knows that Reyes left, or
thought he went to court, and didn't know if he
wasn't going to come back, if he had that court
list, that said WAB, should have he referenced
that, or looked at it?
EFTA00116402
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
MS.
: I can't speak for -.
16
MR.
: Are they supposed to?
17
MS.
: I would say yes.
18
MR.
• Okay.
19
MS.
: Because you know who's moving
20 from the Special Housing. And some of the
21 inmates that move actually are lieutenant
22 moves, where you have to go up and get them.
23 So, you're going to look at the court list to
24 see who is moving.
25
MR.
: Okay
And then, as far
51
thought he was coming back, and he - or I
didn't know if he wasn't coming back - and he
did not pass that information onto the next ops
lieutenant. Is there - what is your opinion of
that matter?
MS.
: My opinion of that is
definitely, you know, something is wrong,
because if you have the court list sitting in
front of you, it says WAB. And it means he
took all his belongings. You know, if it was
court, it would say court.
MR.
: Okay. And do you know
how, do the operations lieutenants actually
look at that list?
EFTA00116403
52
1 as Reyes. Did everyone know who Reyes was at
2 that time? Do you believe that, if, for
3 instance, someone like a
, he sees
4 Reyes on the list, sees that he's NAB. Would
5 he know that's Epstein's cellmate? It says
6 he's from the SHU. He's WAB. Would he know
7 that that's Epstein's cellmate? Or do you
8 think that that notification would still need
9 to be made from the SHU, for him to be able to
10 kind of recognize that?
11
MS.
: I can't even say he should
12 have known that that was his cellmate because
13 he's in a different area than the Special
14 Housing.
15
MR.
: Okay.
16
MS.
: So, sometimes, you wouldn't
17 know whose cell that up there, you know, up in
18 the Special Housing.
19
MR.
: Okay. But if he says,
20 now, SHU didn't tell me, but I knew because I
21 had the court list, and it says WAB, should
22 have he known, at that point, yes, I knew this
23 guy was gone, and he was not coming back?
24
MS.
: Yes.
25
MR.
: Okay.
EFTA00116404
53
1
MS.
: I can agree with that.
2
MR.
: Okay. Great. What do
3 you think the -? Would that court list stay in
4 the operations, or the lieutenants office,
5 throughout the duration of the day, would the
6 next operation lieutenant that came on - which
7 I believe is
- would that person have
8 also had that court list?
9
MS.
: It normally stay in there for
10 the day. On a clipboard. It usually would be
11 on a clipboard in the lieutenant's office. So,
12 I don't -. I can't say that
, you know,
13 looked at it, but it should have been there
14 when he came on.
15
MR.
: Should have he looked at
16 it?
17
MS.
: I could -.
18
MR.
: And I'm asking you this
19 as the SIS lieutenant. We don't know the
20 answer to that. So, that's why we're asking
21 you.
22
MS.
: A good lieutenant would.
23
MR.
: Right.
24
MS.
: Because you would know who is
25 not in your jail.
EFTA00116405
54
1
MR.
: Right. As far as other
2 people that could have made this notification,
3 what would the unit teams' responsibility be
4 for if one of their people who was assigned to
5 SHU, left the institution? Should have they
6 been coordinating, or making any notifications?
7
MS.
: I'm not sure what role they
8 play when the inmates leave the Special
9 housing, to be honest with you.
10
MR.
: You don't?
11
MS.
: Yeah. I don't know what role
12 they play.
13
MR.
: Okay.
14
MS.
: With their inmates. That's
15 an issue, as far as them leaving.
16
MR.
: All right. So, for you,
17 though, you feel, like, the primary person that
18 would be responsible would be the person who
19 was actually with the inmate, who brought him
20 down, and knew that he was leaving?
21
MS.
: Yes.
22
MR.
: So, in this case,
23
.
should have made the
24 notifications, it falls primarily on him. Is
25 that what you would say?
EFTA00116406
55
1
MS.
: I would say him and whatever
2 other officer did the escort with him.
3
MR.
: Okay. Fair enough.
4
MS.
: Because they know the SHU
5 inmates.
6
MR.
: Right. Okay.
7
MR.
: What about the officers in
8 the SHU, at that point? Let's say there was -
9 how many officers that you mentioned? -
,
10 and who else were in the SHU?
11
MS.
: Yes.
12
MR.
: In the morning shift.
13
MS.
:
14
MR.
:
15
MS.
: Yes.
16
MR.
: Should they have -. Would
17 they have known that Epstein needed a cellmate?
18
MS.
: Yes. If they're working up -
19 yeah - I would say yes.
20
MR.
: And let's say, during this
21 shift, should they have understood - I know he
22 asked already - should they have understood the
23 fact that, hey, Epstein needed a cellmate --
24
MS.
: Yes.
25
MR.
: -- could they have made
EFTA00116407
56
1 notification?
2
MS.
: Yes.
3
MR.
: And who came to the SHU after
4 that?
5
MS.
:
. Ms. Noel. And
6
•
7
MR.
: And during this shift, should
8 they have known also? Should they have made
9 notification?
10
MS.
: Yes.
11
MR.
: Anything else on that?
12
MR.
: And they would have
13 known, I'm assuming, from doing rounds?
14
MS.
: From doing their rounds.
15
MR.
: And if they were
16
MS.
: Yes.
17
MR.
: -- doing rounds, they
18 would know there's no one in that cell?
19
MS.
: Yes.
20
MR.
: Okay.
21
MR.
: So, we can go into the
22 rounds?
23
MR.
: Mm-hmm.
24
MR.
: And the counts. So, based on
25 our - based on what we - in our investigation,
EFTA00116408
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
57
we understood is, the 4:00 p.m. count, on the
9th. The 10:00 p.m. count.
MS.
: Mm-hmm.
MR.
: The midnight. The 3:00 a.m.,
and the 5:00 a.m. counts were not done.
MS.
: Right.
MR.
: And if the counts were done,
as Agent
just asked, if the counts were
done at 4:00 p.m., would they have known that
was not there, and Epstein needed a
cellmate?
MS.
: Yes.
MR.
: What about at 10:00 p.m.?
MS.
: Yes.
MR.
: All right. And the reason
that we were able to determine it, is also
because of the fact that inmate
was
removed from the SHU by
. He was
actually in the SHU visiting room, and there
was an incident where
witnessed him
possibly having contraband, so he removed him.
He called for a lieutenant, and put him into a
dry cell in R&D.
MS.
: Mm-hmm.
MR.
: Except he was not keyed out.
EFTA00116409
58
1 This happened around 1:45 on August 9th, after
2 -. Except he was not keyed until after
3 midnight on August 10th. So, if he was removed
4 from the SHU, and he was placed in R&D dry
5 cell, who should have -? Who had the
6 responsibility to key him out, at that point?
7 off the SHU and place him in R&D?
8
MS.
: It would have been the counts
9 and assignment, to walk those in.
10
MR.
: That's a CNA?
11
MS.
: Yes.
12
MR.
: I see. Counts and
13 assignment. And how would CNA have known that
14 he got moved?
15
MS.
: Well, normally, they would
16 make a notification, I would say, when he got
17 to R&D, that, hey, we have this inmate here, in
18 the dry cell.
19
MR.
: So, R&D should have notified
20 counts and assignments?
21
MS.
: Yes.
22
MR.
: Was there any responsibility
23 for the officer who removed him from the SHU,
24 and brought him down?
25
MS.
: He could have, as well.
EFTA00116410
59
1 Because you brought him down. And he's coming
2 off of the SHU base count.
3
MR.
: What is -? He's coming off
4 the count --
5
MS.
: Right.
6
MR.
: -- so, at 4:00 p.m., the
7 count should have been adjusted on the El, and
8 also --
9
MS.
: Absolutely.
10
MR.
: -- okay. Have you ever heard
11 of inmates pre-filling the rounds and count
12 sheets?
13
MS.
: Inmates?
14
MR.
: Oh. Sorry. Sorry. I
15 apologize. Have you ever heard of the C.O.s
16 pre-filling the rounds and count sheets? When,
17 let's just say the rounds at the start of their
18 shift.
19
MS.
: Yes.
20
MR.
: Right? And they go in, they
21 have their round sheet. They expect to do the
22 rounds during the certain times, so they go in
23 and they fill it out for the whole shift. And
24 they try to do it during those times that they
25 filled out.
EFTA00116411
60
1
MS.
: I've never seen it, to be
2 honest with you. I've never seen that.
3
MR.
: Have you ever heard of C.O.s
4 doing that?
5
MS.
: No.
6
MR.
: Has there ever been any
7 incidents in MCC regarding C.O.s pre-filling -?
8
MS.
: Not that I know of.
9
MR.
: What about the count sheets?
10 Would they start the shift, they already know
11 what count is supposed to be there?
12
MS.
: I've seen that.
13
MR.
: And what have you seen?
14
MS.
: Well, my experience being a
15 lieutenant, and being in the control center,
16 taking the count, I have seen count slips come
17 down to the control center, and I'm monitoring
18 the camera because I'm physically watching you
19 count. So, if I have your count sheet, and I
20 haven't seen you count yet, I'm discarding it,
21 and I'm calling you on the phone. How do I
22 have your count sheet and you haven't counted
23 yet?
24
MR.
: Is that normal procedure as a
25 lieutenant, when you're doing the count from
EFTA00116412
61
1 the control room, you pay attention to the
2 monitor, and you watch -?
3
MS.
: I could only speak for
4 myself.
5
MR.
: So, as your practice.
6
MS.
: I do.
7
MR.
: Okay.
8
MS.
: Yes.
9
MR.
: And you watch the C.O.s to
10 make sure that they're doing the counts.
11
MS.
: Absolutely.
12
MR.
: Which C.O.s have you seen
13 that haven't done that? That haven't done the
14 counts, but send their count slips in.
15
MS.
: Pfft. I can't give you exact
16 names because I've been on all of the shifts.
17
MR.
: And what happens if, in a
18 situation like that, if you see that, that they
19 didn't do the count, but they send the slip
20 down? What do you do?
21
MS.
: I'm pulling. I'm doing a
22 verbal counseling.
23
MR.
: Verbal counseling.
24
MS.
: Yes. I'm doing a verbal
25 counseling. Basically, listen, don't send me
EFTA00116413
62
1 your count slip until you do your count. Next
2 time, I'm going to go to the next step, which
3 is discipline.
4
MR.
: And have you ever told them
5 to go back and count?
6
MS.
: Yes.
7
MR.
: And they followed it?
8
MS.
: Yes.
9
MR.
: What is a lieutenant round?
10 You understand it, you just mentioned that,
11 when you do a count --
12
MR.
: In the SHU. What is a
13 lieutenant round in the SHU?
14
MR.
: -- yeah.
15
MS.
: In the SHU, with the
16 lieutenant rounds, you go up to SHU, as well as
17 every other area, you see if there's anything
18 abnormal going on in the SHU, you're going to
19 ask a question. You know, anything we should
20 know about, anything you got going on up there.
21 You're just making sure that the officers are
22 doing their job for the shift, the inmates are
23 getting their phone calls, if there's any
24 inmates that haven't been showered, who may
25 shower. You're making sure those are done.
EFTA00116414
63
1 Normally, when you go in the SHU, you have
2 inmates calling you, once you get there.
3
MR.
: Right.
4
MS.
: Once the door open. So,
5 you're going on the ranges and seeing what's
6 going on with the inmates on the ranges.
7
MR.
: Now, are you supposed to
8 go from door to door, when your lieutenant does
9 a round, though? Is the lieutenant supposed to
10 do a round just as, like, a C.O. that's working
11 the SHU does a round, go to each cell, to check
12 and see --
13
MS.
: To be honest --
14
MR.
: -- what's going on?
15
MS.
: -- I don't think there's
16 nothing in policy stating that we have to go
17 door to door, and see each inmate, but you -
18 most of the time - you will go on a range, I
19 would assume, because you want to see what's
20 going on. With the inmates. Especially since
21 it's the Special Housing.
22
MR.
: So, this is where we get
23 a lot of discrepancies. So, most of the
24 lieutenants say absolutely, you have to go door
25 to door, and that's what a round is. A select
EFTA00116415
64
1 few of the lieutenants say, like, no, no, no,
2 no, that's not -. It's your discretion, if you
3 do that or not. So, are you kind of more of
4 that, that kind of side of it, it's their
5 discretion?
6
MS.
: I'm more of -.
7
MR.
: Because they have to sign
8 when they - is it correct - that they have to
9 sign the round sheet --
10
MS.
: Yes.
11
MR.
: -- saying they did a
12 round?
13
MS.
: So, normally, like myself, I
14 would be on the range, because the round sheets
15 are on the range. So, you have to go on the
16 range to sign the round sheets.
17
MR.
: But do you have - but
18 just to go on the range, I guess you don't
19 necessarily have to look in --
20
MS.
: Right.
21
MR.
: -- their window.
22 Correct?
23
MS.
: Right. But if you go on,
24 you're going to look door to door. I would
25 think.
EFTA00116416
65
1
MR.
: But this time, our
2 understanding is the round sheets were actually
3 kept on the officer's desks. On the desk out -
4 . So, not on the range. They all did it right
5 from where the desk was. Do you know if that's
6 the case?
7
MS.
: I don't. I don't know. This
8 is the first I'm hearing of it. Because
9 normally, they're at the end of the range.
10
MR.
: Right.
11
MS.
: On the wall. So, that's
12 going to force you, as a supervisor, to go on
13 each range because you have to go to the end of
14 the range to sign.
15
MR.
: Okay. Do you know if
16 there is maybe, MCC didn't have this practice,
17 but do you know, as the BOP, as a lieutenant
18 round that's conducted in the SHU, and that the
19 lieutenant that actually signs the round sheet,
20 saying that they conducted the round in the
21 SHU, do you know if BOP policy says that
22 they're supposed to go from cell, door to door,
23 and that's the reason why they put these sheets
24 at the end of the ranges?
25
MS.
: I don't recall if that's what
EFTA00116417
66
1 the policy says.
2
MR.
: Okay.
3
MS.
: Yeah.
4
MR.
: And just as far as
5 clarification, do you know if BOP policy states
6 where the count sheets, or the round sheets are
7 supposed to be kept? Forget the fact that you
8 have to look at it, but does it state that it
9 should be either kept on the officer's desk, or
10 at the end of the -?
11
MS.
: I've never seen
12
MR.
: Okay.
13
MS.
: -- yeah. I've never seen
14 that policy where it should be kept that.
15
MR.
: Okay. That's just practice?
16
MS.
: Yes.
17
MR.
: Okay. Do you have anything
18 on the rounds and counts?
19
MR.
: No. I guess I just, do
20 you think if the lieutenants that did the
21 rounds within the SHU, on August 9th, have any
22 exposure to the fact that Reyes was gone, and
23 should have they - when they did their rounds -
24 should have they known that, hey, this cell is
25 empty, Epstein's down at attorney conference,
EFTA00116418
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
67
and Reyes isn't here, so there's no one in that
cell. Should have they been, you know, should
have they known -?
MS.
: Yes.
MR.
: Okay.
MS.
: If you knew that on the count
slip - I'm sorry - on the court roster that he
was WAB, and you see Epstein downstairs, then
if you're paying attention, you would just -.
That's something you would have asked. Hey, we
got a cellmate for him yet? Who he's going
with. That type of thing.
MR.
: Okay. So, those
lieutenants that actually did do the rounds in
the SHU, on that date, then they do have some
fault in this, that Reyes was never replaced?
MS.
: I'm going to say yes.
MR.
: Okay.
MR.
: Anything else on rounds and
counts? I'm moving onto cameras.
MR.
: Perfect.
MR.
: Okay. When did you learn
that the cameras were not working at the MCC?
MS.
: August 8th.
MR.
: August 8th. Okay.
EFTA00116419
68
1
MS.
: Yes.
2
MR.
: Can you tell us what
3 transpired?
4
MS.
: I actually was reviewing the
5 cameras from the SIS office, with one of the
6 associate wardens. We were looking for an
7 inmate, to see what time he was released, a
8 cadre (Phonetic Sp. *00:50:30) inmate. We were
9 looking to see what time he was released
10 because I was trying to backtrack, because I
11 was going to interview the inmate, with an OIG
12 officer, about an incident. And I learned,
13 he's gone. And I said, gone where? Oh, his
14 release date - which, he was scheduled to be
15 released - so, that made me go back to look to
16 see, well, let me see what time they released
17 him. And we were trying to pinpoint when he
18 got released, so we could get in touch with
19 that halfway house. So, we - myself and the
20 agent - was going to go to the halfway house,
21 to interview him.
22
And upon me going back to the cameras, I
23 said, wait a minute, we don't have no cameras.
24 I can't go back. So, of course, I clicked on
25 several cameras, just to see if I could play it
EFTA00116420
69
1 back on the cameras, and I noticed the cameras
2 are down. I can't go back and rewind anything.
3 At that time, I called the communications shop,
4 and told them, I don't have no cameras up here.
5 You know, I can't go. I can't play it back. A
6 gentleman came upstairs and said, okay, I'm
7 going to come and check the camera system,
8 which he has the keys for, as well. And he did
9 check it out, and he said, okay, the cameras is
10 not working. I'm going to fix them. I'm going
11 to do overtime or something to that effect. To
12 fix the cameras. At that time, I notified the
13 captain.
14
MR.
: Oh, you notified the
15 captain?
16
MS.
: Yes.
17
MR.
: That the cameras were
18 down?
19
MS.
20 And I wrote
21
MR.
22 you please
23
MS.
24 drive - it
25
MR.
a
That the cameras was down.
memo - a memorandum - as well.
: Oh, if you have that, can
give it to us?
: It's - I can't get in my home
would be on my home drive.
: And when will you be able
EFTA00116421
70
1 to get access to that?
2
MS.
: I'm out of work. So, I can't
3 access it.
4
MR.
: Oh, we have heard that
5 you were back this week. Is that not the case?
6
MS.
: No.
7
MR.
: Oh.
8
MS.
: I'm not back this week. I
9 only came for the interview. I won't be back
10 for maybe, like, another two to three weeks.
11
MR.
: When you come back in two
12 or three weeks, could you - I'll send you an
13 email, just as far as, like --
14
MS.
: I was going to say. If you
15 email me where to send it to, yes.
16
MR.
: Fantastic.
17
MS.
: So, at that point, I did type
18 the memo that the cameras was done.
19
MR.
: This is on the 8th?
20
MS.
: On the 8th.
21
MR.
: Okay.
22
MS.
: Yes. And I assumed that the
23 gentleman was going to stay and fix the cameras
24 that day.
25
MR.
: So, and when you say "the
EFTA00116422
71
1 gentleman," are you talking about
?
2
MS.
: Yes.
3
MR.
: Okay. So, that's the
4 person who came in and checked?
5
MS.
: Yes.
6
MR.
: Is it true that he can
7 only obtain access to the camera room, if an
8 SIS employee actually lets him in?
9
MS.
: Absolutely not. He has the
10 keys.
11
MR.
: At that time, he did?
12
MS.
: The first door, which is the
13 steel door with the Folger Adams (Phonetic Sp.
14 *00:53:21), I have to let him into that.
15
MR.
: That's what I mean. So,
16 he can't actually get
17
MS.
: Right.
18
MR.
: -- into the SIS --
19
MS.
: Unless I --
20
MR.
: -- area
21
MS.
: -- let him into that part.
22
MR.
: Correct.
23
MS.
: Right.
24
MR.
: So, he had told you, on
25 the 8th, he was actually going to stay and fix
EFTA00116423
72
1 it?
2
MS.
: And do overtime to fix it.
3
MR.
: Okay.
4
MS.
: Because I let him into the
5 office, so he can go see what I was telling
6 him, the cameras is down. I can't play back.
7
MR.
: Okay. And do you know if
that's the first time it was noticed, that
9 those cameras were down?
10
MS.
: I can't say that that was the
11 first time that was noticed.
12
MR.
: Because our investigation
13 shows that, as early as 7/29/2019, those
14 cameras stopped recording. So, there is about
15 half of the cameras in the institution that
16 were recording, and half that weren't. They
17 were all live monitoring.
18
MS.
: Yes.
19
MR.
: But did you find anything
20 about that, or do you know anything about that?
21
MS.
: No. No. It's not until I
22 was actually in the phone room, with the
23 agents, going through the cameras, that we
24 realized that they stopped recording.
25
MR.
: Oh, so, you knew this on
EFTA00116424
73
1 the 10th or something, you --
2
MS.
: Yeah.
3
MR.
: -- realized this
4
MS.
:
Yeah. It was --
5
MR.
: -- after the
6 investigation?
7
MS.
: Mm-hmm.
8
MR.
: So, you had heard, later,
9 that at 7/29 --
10
MS.
: Right.
11
MR.
: -- is when -? Okay.
12
MS.
: Mm-hmm.
13
MR.
: So, you know that now, is
14 what you mean by --
15
MS.
: Yes.
16
MR.
: -- between 7/29 and
17 August 8th
18
MS.
: The 10th.
19
MR.
: -- you never -?
20
MS.
: No.
21
MR.
: Okay.
22
MS.
: No.
23
MR.
: So, the 8th was the first
24 time you found out?
25
MS.
: Yes.
EFTA00116425
9
1
0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
74
1
MR.
: Do you remember if, prior
2 to the 8th, you ever were on the camera system,
3 trying to rewind and watch? Because I would
4 think that's something you do kind of
5 regularly.
6
MS.
: I can't remember if it was
7 myself, or the SIS Tech
, to be honest with
8 you, because normally, if it's an incident and
I need some video footage, I'll ask her to pull
the footage for me. You know? So, I can see
it. So, I can't recall if we had an incident
where we need to pull any camera footage.
MR.
: Okay. So, you don't
remember if there was footage before that.
MS.
: No.
MR.
: Was there a Tech §§§, or
or something like that?
: Phone monitor.
: He was on --
: Yeah. III was the phone
which is a regular correctional
MS.
MR.
MS.
monitor,
officers.
MR.
tech?
MS.
Oh, so, he's not an SIS
No. Hmm-mm.
EFTA00116426
1
MR.
2 work in the
3
MS.
4
MR.
5
MS.
6 quarter, to
7
MR.
8
MS.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
75
: All right. But would he
SIS room?
In the phone room.
: Okay.
He would be assigned, for the
the phone room.
: That's in the SIS office?
It's not in my office, but
it's a part of SIS. The phone room. It's kind
of, like, next door to SIS.
MR.
: Is that the room where
the camera servers are located?
MS.
: Yes.
MR.
: Okay. So, does he also
need someone from SIS to let him in, to be able
to do phone monitors?
MS.
: No.
MR.
: How does he get in and
out?
MS.
: He has the phone monitor
keys, half the keyring for him to get into the
door.
MR.
: To get into --
MS.
: I'm sorry. The key.
MR.
: -- the primary SIS area?
EFTA00116427
76
1
MS.
: Yes.
2
MR.
: Okay. So, do you know if
3 he was working on the 9th?
4
MS.
: I don't know if he was
5 working because he hadn't been in the phone
6 room for some --
7
MR.
: Would he be listed on the
8 -?
9
MS.
let me look. Because they
10 were actually pulling him every day, re-
11 assigning him to different posts. So, he is
12 working, but they re-assigned him to another
13 post.
14
MR.
: Okay. So, he wasn't - on
15 the 9th - he wasn't actually working?
16
MS.
: If you see three
17 you'll see him there.
18
MR.
: And would that be because
19 there was no SIS tech or lieutenant to allow
20 him into that room?
21
MS.
: No. It would be because they
22 were short-staffed.
23
MR.
: Okay
24
MS.
: And they just re-assigned him
25 to another post.
EFTA00116428
77
1
MR.
: Okay. So, if
says
2 that he wasn't able to fix the cameras on the
3 8th because he didn't have the proper
4 equipment, and then he couldn't gain access on
5 the 9th. Does that make sense? He wasn't able
6 to get in on the 9th because neither you or the
7 tech were here.
8
MS.
: He would be able to get in
9 because my keys don't go home with me. He
10 would have just had to ask the captain for
11 access to the SIS keys, and he would have been
12 able to go into the office.
13
MR.
: And like you said, the
14 captain actually knew that the cameras were
15 down?
16
MS.
: Yes.
17
MR.
: And you are positive of
18 that?
19
MS.
: I'm positive.
20
MR.
: Did you have a verbal
21 conversation with him about it?
22
MS.
: I had a verbal conversation.
23
MR.
: And can you recall what
24 that conversation entailed?
25
MS.
: I remember stepping to his
EFTA00116429
78
1 office, which was right next door to mine, and
2 notifying him that the cameras was down, that
3 I'm trying to go back and look at the footage,
4 and I can't. Actually, I had one of the
5 associate wardens with me, as well. Who
6 happens to be his supervisor, so.
7
MR.
: Who was that?
8
MS.
: Associate Warden
9
MR.
was there?
10
MS.
: Yes.
11
MR.
: Okay.
12
MS.
: It was me and her together,
13 looking at the cameras.
14
MR.
: Okay. So, and it wasn't
15
, it was actually
16
MS.
: No. It was me and AW
17
MR.
: And that was with Captain
18
19
MS.
: Yes.
20
MR.
: Okay. So then, the two
21 of them knew that the cameras were down?
22
MS.
: Yes.
23
MR.
: All right. And do you
24 know if they had any conversations with
25 about a need to get them back up?
EFTA00116430
79
1
MS.
: I don't know if they had a
2 separate conversation, but when I called Mr.
3
over to radio, Ms.
was still
4 standing there with me in the office. And she
5 was there with me when he came up to check,
6 because we thought it was something that maybe
7 he can just go in, and it allow us to go to the
8 camera, and look for what we were looking for.
9
MR.
: And when he mentioned the
10 whole I'll stay overtime, was she there when -
11 was
there - when he mentioned that he
12 would stay to work overtime?
13
MS.
: I can't remember because I
14 know he had to get in touch with his boss
15 first.
16
MR.
: Oh, okay. So --
17
MS.
: Mm-hmm.
18
MR.
: -- so,
told us
19 that he was approved to work overtime on
20 Saturday, to come in on Saturday and work. Do
21 you know who he would have contacted, in order
22 to get that approval to work overtime?
23
MS.
: I don't know. I would assume
24 his boss, which was Mr.
25
MR.
: Now,
is out, and
EFTA00116431
80
1 he has acting in his place,
and
2
and
both say, he didn't
3 talk to me about working overtime. Is there
4 anyone else that he would have been -? Well,
5 because you said that he told you he was going
6 to work overtime.
7
MS.
: Yes.
8
MR.
: Would you be an approving
9 official for that?
10
MS.
: No.
11
MR.
: Would
be an
12 approving official, though?
13
MS.
: I'm not sure if she was over
14 facilities, that department. So, I'm - no -
15 I'm not sure.
16
MR.
: Okay. So, how did he
17 know he would be able to work overtime to fix
18 it?
19
MS.
: I don't know.
20
MR.
: You don't know? He just
21 said I'll work overtime.
22
MS.
: Yes.
23
MR.
: Okay. So, I'm assuming
24 this was some time prior to 2:00 p.m. on the
25 8th, that you learned of this incident, since
EFTA00116432
81
typically ends at 2:00 p.m.?
: Yeah. It was a little after
: Okay. And that was the
again, on the 8th was the first that
out the cameras --
7
: Yes.
8
: -- were down? Do you
9 know if there is anyway anyone could have
10 tampered with that system, to intentionally
11 take the cameras offline?
12
MS.
: I don't know. I don't know
13 because nobody normally goes into - with the
14 service are - besides him. Or there's one more
15 communication tech, Mr.
16
MR.
: Was he there, though, at
17 the time?
18
MS.
: No.
19
MR.
: So --
20
MS.
: No.
21
MR.
: -- it was just - at the
22 time - it was only
. Correct?
23
MS.
: Yes. It was just
24
MR.
: So, who would have had
25 access to that server room? In the MCC as a
1 his shift
2
MS.
3 1:00 p.m.
4
MR.
5 8th. But
6 you found
MS.
MR.
EFTA00116433
82
1 whole, who could have had access to that server
2 room, and potentially taken it offline?
3
MS.
: I don't know who would
4 intentionally take it off, but I can tell you
5 the access would have been us, from the SIS
6 shop. Hmm. The comm shop, which is Mr.
7 and Mr.
. And I'm not sure if their key -
8 if that key is on, in the other key ring.
9
MR.
: So, is it really only the
10 two of you, then, with SIS, then also the phone
11 monitor individual, III. Is it igg or
?
12
MS.
: =.
13
MR.
: Is that
?
14
MS.
:
.
15
MR.
: Just
.
16
MS.
: I don't think Mr. III had the
17 key on his ring because, if I needed to go, my
18 ink cartridges for my printer and stuff was in
19 there, as well. So, I would always lock the
20 door back, because we don't allow an officer to
21 just walk where the server is at.
22
MR.
: Okay.
23
MS.
: So -
24
MR.
: So, the server, actually,
25 was in a locked door?
EFTA00116434
83
1
MS.
: Yes.
2
MR.
: So, really, III didn't
3 have access to it?
4
MS.
: Right.
5
MR.
: But the tech would have?
6
MS.
: Yes.
7
MR.
: Okay.
8
MS.
: Yes. She would.
9
MR.
: So, yourself, the tech,
10 and
11
MS.
12
MR.
: -- were really the only
13 three people?
14
MS.
: Mr.
15
MR.
:
Well,
wasn't here
16 at the time, though. Correct?
17
MS.
: Probably Mr.
. I think
18 it's on his key ring.
19
MR.
: But - but just to clear
20 that up -
was not --
21
MS.
:
Okay.
22
MR.
:
wasn't here at
23 the time, though?
24
MS.
:
Okay.
25
MR.
: Is that right?
EFTA00116435
84
1
MS.
: I --
2
MR.
: Oh, you don't know?
3
MS.
: -- I really don't know.
4
MR.
: Oh, okay. No. That's
5 why I was asking you.
6
MS.
: Yeah.
7
MR.
: My understanding --
8
MS.
: I don't know.
9
MR.
: -- was that
was
10 the only tech at the time.
11
MS.
: Okay. I don't know if
12 was in the building, but I know
is who I
13 dealt with at the time.
14
MR.
: Okay. And then,
15 would have?
16
MS.
: I think it may be on Mr.
17
key because he's the facilities
18 manager. But again, I'm not sure what keys
19
20
21
22
23
24
25
they have.
MR.
: What about the captain?
MS.
: I don't know.
MR.
: Now, when you --
MS.
keyrings.
MR.
: I
:
don't know what's on his
-- now, you say you don't
EFTA00116436
85
1 ever leave the institution with these keys, did
2 you give them to the captain, or where are the
3 keys?
4
MS.
: No. They're located in the
5 control center, behind a locked box.
6
MR.
: Okay.
7
MS.
: So, I have to give them the
8 key to open my locked box in order for me to
9 retrieve my SIS keys.
10
MR.
: Okay. And then, does
11 anybody else have that key, to open your locked
12 box, to get those keys?
13
MS.
: No.
14
MR.
: What are -? You said the
15 captain does, though? I thought you said he
16 could have gone to the captain to get the keys.
17
MR.
: He can't get into my
18 locked box. He has his own locked box.
19
MR.
: So, how would -. I think
20 you -. I thought you said that the captain
21 could have allowed
to get in -?
22
MS.
: He would have had them
23 allowed to break the glass, and get my key out.
24
MR.
: They would have had to --
25
MS.
: If it was another --
EFTA00116437
86
1
MR.
: -- actually break it?
2
MS.
: -- they would have to
3 actually break the keys. Myself, the SIS tech,
4 all of our keys are in a locked box. So, if
5 it's an emergency, you would have to break the
6 glass to retrieve our keys.
7
MR.
: And in this case, you
8 believe that would be an emergency, that they
9 were to break the glass to fix the cameras on
10 the 9th?
11
MS.
: Normally, yes.
12
MR.
: So, you think that that
13 would have been appropriate action, to break
14 it?
15
MS.
: Yes.
16
MR.
: Okay. And then, the
17 captain does not actually have a key to get
18 into the SIS office, though?
19
MS.
: No.
20
MR.
: Does anyone else?
21 or -?
22
MS.
: No. I think it's only on the
23 SIS staff, the phone monitor, the SIA, which we
24 didn't have one at the time.
25
MR.
: Okay. But you're certain
EFTA00116438
87
1 that
and
, on the 8th, were aware
2 that there was a camera issue, and not
3 recording?
4
MS.
: Yes.
5
MR.
: Do you know if they
6 notified the warden?
7
MS.
: I don't recall.
8
MR.
: Okay.
9
MS.
: Because I notified the
10 warden. And he seemed a little --
11
MR.
: Notified the warden,
12 when?
13
MS.
: -- on the 10th.
14
MR.
: Okay.
15
MS.
: On the 10th. Once I came in,
16 once the incident happened. And me and him was
17 having a conversation, and he was saying, and
18 there's no cameras working, and I said, what do
19 you mean there's no cameras working? I said,
20
was supposed to fix the cameras on the
21 8th, and, you know, he was surprised, like,
22 what are you talking about? And I said, the
23 cameras went down on the 8th. Warden and I
24 notified
that the cameras was down. And
25 I said, I wrote a memo.
EFTA00116439
88
1
MR.
: And what happened with
2 your memo? Who gets that memo?
3
MS.
: My memo, I usually give it to
4 the captain.
5
MR.
: Okay. And do you know,
6 in this case, did you give it to the captain?
7
MS.
: I did give it to him. I
8 might have emailed it, as well, to the -. I
9 would have to look at my email. I might have
10 emailed it, as well.
11
MR.
: And would have you -?
12
MS.
: And I might have emailed it
13 to
Again, I can't remember --
14
MR.
: Can you --
15
MS.
: -- exactly who I sent it to
16
MR.
: -- you know, when you
17 come in, can you check your sent box, and see
18 if on the - you would have done this on the
19 8th, though?
20
MS.
: It would have been on the
21 8th.
22
MR.
: Okay.
23
MS.
: Yes,
24
MR.
: So, you would have - it
25 sounds, like, potentially - hand-delivered to
EFTA00116440
89
1 him?
2
MS.
: Mm-hmm.
3
MR.
: And emailed, or both? Or
4 I mean, one or the other?
5
MS.
: Normally, because he's next
6 door, I would hand deliver him stuff.
7
MR.
: Okay.
8
MS.
: To be honest. And sometime,
9 I would email it to him if his door is closed,
10 and I don't see him. Or don't know if I'm
11 going to see him before I leave.
12
MR.
: Okay. But you are
13 positive, on the 8th, you gave him that memo,
14 one way or the other?
15
MS.
: Yeah. I'm almost - though,
16 I'm not going to say 100 percent sure - but I
17 know I verbally told him that the cameras was
18 down.
19
MR.
: Are your 100 percent sure
20 that there was a memo, though?
21
MS.
: Yes.
22
MR.
: But you may - when you
23 say you're not 100 percent sure - when else
24 would have you potentially done that memo?
25
MS.
: No. I did the memo on the
EFTA00116441
90
1 8th.
2
MR.
: Oh. So, that's where,
3 when you say you're not 100 percent sure --
4
MS.
: If I --
5
MR.
: -- right, you're not --
6
MS.
:
emailed it to him, I'm
7 saying to you.
8
MR.
: -- but you're 100 percent
9 sure you provided it to him?
10
MS.
: Yes. And I notified him,
11 word of mouth, that the cameras was down.
12
MR.
: Okay, and that - sorry -
13 that's where I just want to make sure I'm
14 clearing that up. So, you know for a fact you
15 gave him that memo. You just don't know if you
16 gave it to him, either by hand --
17
MS.
: Or email.
18
MR.
: -- or email.
19
MS.
: Yes.
20
MR.
: Okay.
21
MS.
: Yes.
22
MR.
: But it's definitely, he
23 got it?
24
MS.
: Yes.
25
MR.
: Perfect. Okay. But
EFTA00116442
91
1 regardless, both
and
knew
2
MS.
: That the cameras --
3
MR.
: -- verbally, and
4 knew specifically, because she was --
5
MS.
: Because she was with me.
6
MR.
: -- involved.
7
MS.
: Right. She was with me.
8 Yes.
9
MR.
: Okay. And was she
10 involved, at all, with those discussions with
11
?
12
MS.
: I can't remember if she
13 stayed with me. I think she walked away.
14
MR.
: Okay.
15
MS.
: Because we couldn't get what
16 we needed, as far as footage.
17
MR.
: Were they both under the
18 impression that
was actually working on
19 the camera system?
20
MS.
: Hmm.
21
MR.
: Like, did they ask, well,
22 are you going to take care of this, or anything
23 like that?
24
MS.
: No. I don't remember them
25 speaking to
. I just know --
EFTA00116443
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
MR.
2 spoke with
3 situation,
4 said he'll
5 that?
6
MS.
7
MR.
8 them that,
MS.
92
: No. When you verbally
, though, and
about the
did you say, I notified
, he
take care of it, or anything like
: Yes. Yes.
: Okay. So, you did tell
that he would be fixing it.
: Yeah. Well, she was on the
phone -. She was standing next to me when I
was on the phone, talking to Mr.
MR.
: Okay.
MS.
: Mm-hmm.
MR.
: What about the captain,
though? Did he know?
MS.
: No. He wasn't near me.
MR.
: Did he ask, like, is
going to fix it, or anything like that?
No. He didn't --
: Did he say anything?
MS.
MR.
Well,
MS.
MR.
to you
MS.
what --
: -- he didn't ask.
: -- what was his response
telling him that the cameras were down?
: He asked me, did I notify
EFTA00116444
93
1 them, and I said, yes.
2
MR.
: That was my question.
3 I'm sorry.
4
MS.
: Okay.
5
MR.
: So --
6
MS.
: I apologize.
7
MR.
: -- so, he did know that
8
9
MS.
: Yes.
10
MR.
: -- was notified?
11
MS.
: Yes.
12
MR.
: Okay. Go ahead.
13
MR.
: Was the captain surprised the
14 cameras were down?
15
MS.
: I don't know if he was
16 surprised because it's not, like, it's not
17 normal. Sometimes, they do go down. You know?
18 It's our job to notify who we need to notify to
19 bring them back up. But -.
20
MR.
: Do you recall his reaction?
21 Like, did he state, oh, yeah, it must be fixed
22 today? Make sure
takes care of it.
23 What was his exact reaction to that
24 notification?
25
MS.
: I can't recall.
EFTA00116445
94
1
MR.
: Okay.
2
MS.
: I can't recall.
3
MR.
: And did
ever come
4 back and tell you that he couldn't fix it that
5 day, on the 8th?
6
MS.
: No. He told me that on the
7 10th.
8
MR.
: What did he tell you on
9 the 10th?
10
MS.
: Once I walked into the
11 Special Housing area on the 10th, he was there.
12 I don't know if he was working that day. But
13 he was there, and when the door opened, you
14 know, my response was, well, what happened to
15 the cameras? And he said, oh, that's what I'm
16 here for today. Which was two days later. I'm
17 here today to fix it. But I guess they pulled
18 him, and put him on the post, or something to
19 that effect. And I said, but you told me you
20 was going to fix them on the 8th. And he was,
21 like, I couldn't fix them on the 8th. I can't
22 remember why he said he couldn't. But I think
23 he responded to me before I could even ask the
24 question, once he saw me because I was a little
25 taken back that the cameras were down. Because
EFTA00116446
95
1 I assumed they was going to be fixed on the
2 8th.
3
MR.
: Okay.
4
MR.
: Can I ask you, when you guys
5 were - you and AW
- were reviewing
6 footage, and you realized it wasn't working,
7 you called
. What was
reaction
8 to finding out the cameras were not working?
9
MS.
: He said he was going to come
10 down and take a look at it.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR.
: Did he mention it was an
ongoing - it was already an issue, he was aware
of it, or was that the first he was hearing
about it? Do you recall?
MS.
: No. He didn't --
MR.
: No?
MS.
: -- he didn't say. He just
said, okay, I'm going to come take a look at
it.
MR.
: And then, he came down, both
of you guys were in the room, and he tried to
MS.
: No. I wasn't in there with
him. I just opened the door so he could get
in. And he went in, and he came back, and he
EFTA00116447
96
1 said, yeah, they're not recording, and he made
2 a phone call, or he walked away one, and he
3 said, I'm going to stay and do overtime,
4 tonight.
5
MR.
: And he did specifically
6 say "tonight"?
7
MS.
: Yes.
8
MR.
: Okay.
9
MR.
: And if he did stay, stay
10 overtime, that would be on his webTA?
11
MR.
: Well --
12
MS.
: It should be.
13
MR.
: It should be.
14
MR.
: -- well, no, we know he
15 didn't. But --
16
MR.
: Okay.
17
MS.
: Okay.
18
MR.
: -- as far as, if both you
19 and the other SIS tech left, would he have been
20 able to still stay in, on the 8th, in the
21 camera room, to be able to work on it?
22
MS.
: Yes.
23
MR.
: Okay.
24
MS.
: Yes. Because it's been times
25 that he needed to do work, and I needed to go
EFTA00116448
97
1 home. And the captain would say, okay, well,
2 leave your keys with me, you know, so he could
3 have access.
4
MR.
: Okay.
5
MS.
: To the room.
6
MR.
: So, when you left that
7 day, did you check back in with
at all,
8 to say, like --
9
MS.
: I sure didn't.
10
MR.
: -- hey. You did not?
11
MS.
: I didn't.
12
MR.
: Okay. And do you know
13 what he did after you told him I'm going to
14 take care of? Do you know what he did?
15
MS.
: No.
16
MR.
: No. Did he stay in the
17 room, though? Did he -?
18
MS.
: No. He left out the room.
19 He left out the room.
20
MR.
: All right. And then, did
21 you leave before the other tech, on the 8th?
22
MS.
: I would have left probably
23 after her, because she leaves at 2:00.
24
MR.
: Uh-huh. What time?
25
MS.
: I can't remember what
EFTA00116449
98
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
MR.
20 administrative feature. Nice Vision is the
21 camera --
22
MS.
: Mm-hmm.
23
MR.
: -- system,
24 administrative feature is
25 Do you recall that?
happened that day.
MR.
: And what -?
MS.
: Normally, I'm there between
2:00 -. More closer to 3:00, I'm leaving. So.
MR.
: Okay. So, if you both
left, though, at 2:00 or 3:00, and he said he
was coming back that day to fix it, how would
have he done that?
MS.
: Because I would have spoken
to the captain and said, hey,
needs to
get in the com room.
MR.
: Do you remember, did that
conversation occur?
MS.
: I honestly don't remember.
MR.
: Okay. You don't
remember.
MS.
MR.
No.
: Okay.
Nice Vision has that
right? That
called Supervision.
EFTA00116450
99
1
MS.
: Hmm.
2
MR.
: Well -.
3
MR.
: There was a couple
4 different
5
MR.
: Name
6
MR.
: -- names, for different
7 applications, but there is one application
8 called Supervision, and that you might be able
9 to log into Supervision and see if the recorder
10 errors are actually recording. Do you know if
11 you got access to that?
12
MS.
: No. I have - mine is SIS
13 lieutenant access, so.
14
MR.
: Right.
15
MR.
: Who had administrative access
16 to the camera system?
17
MS.
: Meaning that Supervision?
18
MR.
: Supervision. Who could go
19 in, control the cameras, or take cameras
20 offline? And mess with the cameras.
21
MS.
: I don't know. I would say
22 computer services have access, and probably, I
23 would say, facilities managers should have
24 Supervision access.
25
MR.
: But not the SIS Shop?
EFTA00116451
100
1
MS.
: No.
2
MR.
: Okay.
3
MR.
: So --
4
MS.
: No.
5
MR.
: --
and
is
6 basically who you're saying?
7
MS.
: I don't know. I don't even
8 know if
would have Supervision access
9 because -. I don't know. I would think, if
10 you say Supervision, it would be upper --
11
MR.
: Yeah. Supervision
12 doesn't mean super -. It's not a title for,
13 like, somebody in the -. It's a title for the
14 app. So, like, there's an app that says, like,
15 you know, these people are granted access to be
16 able to review and rewind, but then there's
17 another app --
18
MS.
: Oh.
19
MR.
: -- that allows you to
20 actually check to see if things are running
21 properly, and recording, and it's just called
22
23
24
25
Supervision.
MS.
MR.
: Oh,
:
okay.
That
MS.
: Then that
doesn't mean
would be --
EFTA00116452
101
1
MR.
: -- that you're a
2 supervisor.
3
MS.
: -- that would be - I would
4 say - that would be
, because that's his
5 area, the cameras.
6
MR.
: Okay. And do you know if
7 anybody else would have the ability to do
8 things like that, to take, you know, recorders
9 on or offline, or to at least check their
10 status with the camera system?
11
MS.
: I don't know. If it is, it
12 would be facilities shop.
13
MR.
: So, but primarily,
14 would be the person?
15
MS.
: Mm-hmm.
16
MR.
: Okay.
17
MS.
: Yes.
18
MR.
: Not you, though?
19
MS.
: No.
20
MR.
: And in no way, while you
21 were -. Although, the only thing that would be
22 able to tip you off, if things weren't
23 recording, is if you started trying to rewind,
24 and it wasn't rewinding.
25
MS.
: If I tried to rewind, it
EFTA00116453
102
1 wouldn't rewind. Or if they were red. It
2 would have, like, a red X on a camera. I know
3 that it's a problem, even if it's not working
4 at all. Or something is wrong with it.
5
MR.
: Did that - on the 8th,
6 when you were looking - were there any red X's?
7
MS.
: I don't recall if -. Because
8 it's a lot of cameras, and they're in different
9 places. So, I don't recall there being a red
10 X.
11
MR.
: But just to --
12
MS.
: On any of them.
13
MR.
: -- circle back. What
14 tipped you off was with you and
trying to
15 go back and review?
16
MS.
: Yes.
17
MR.
: And that's where you said
18 --
19
MS.
: Yes.
20
MR.
: -- why can't I do it?
21
MS.
: Mm-hmm.
22
MR.
: Gotcha.
23
MR.
: And prior to that day, you
24 don't recall when the last time you guys tried
25 to review it was, right?
EFTA00116454
103
1
MS
: No. I don't recall.
2
MR.
: Okay. So, but it had been a
3 little bit. It had been a little while?
4
MS.
: Yes.
5
MR.
: Okay. Anything else on the
6 cameras?
7
MR.
: I think that's all.
8
MR.
: Okay.
9
MR.
: That's great information,
10 that we didn't know that before. I didn't know
11 that that's how we found out that the cameras
12 were offline --
13
MS.
: Mm-hmm.
14
MR.
: -- was basically your
15 review. How often should
have been
16 going in to check those servers to make sure
17 that they were online?
18
MS.
: Daily.
19
MR.
: So then, would you know
20 if he was?
21
MS.
: I can't say he was checking
22 daily. I know that he was up there quite
23 often. But I can't even say that he was
24 checking the cameras because, one I let him in,
25 to do whatever he's doing with the servers, you
EFTA00116455
104
1 know, I wasn't standing there, you know, saying
2 what are you doing, or, so --
3
MR.
: And I know we're talk --
4
MS.
: -- but daily, they should
5 have checked.
6
MR.
: -- I know we're talking a
7 long time ago now, but do you remember, prior
8 to the 8th, if he was in -? Because again, I
9 think the information that we have suggests
10 that the camera servers went down on the actual
11 July 29th --
12
MS.
: Hmm.
13
MR.
: -- of 2019. So, there
14 is, like, almost a - more than a --
15
MS.
: Week.
16
MR.
: -- week --
17
MS.
: Yeah. Yeah.
18
MR.
: -- do you know if he was
19 actually going in, at that time, for that week
20 period, checking in on the servers at all, at
21 this -?
22
MS.
: I know he entered the area.
23 But I don't know if he checked the servers
24 while he were back there. But I know he was
25 entering the area.
EFTA00116456
105
1
MR.
: Okay.
2
MR.
: What else is in that area?
3
MS.
: Just the servers in there.
4 And ink cartridges. At the top.
5
MR.
: And that's on the third
6 floor?
7
MS.
: It's on the third floor.
8
MR.
: Okay.
9
MR.
: And then, nothing else is
10 stored. Is there evidence stored in there?
11
MS.
: No.
12
MR.
: For some reason, we were
13 under the impression that SIS stored evidence
14 there.
15
MS.
: There's no evidence in there.
16 It's some old file cabinets from, maybe before
17 I was born.
18
MR.
: And I think
said
19 that there was maybe, it's like a hallway, and
20 there's, like, some evidence, some old
21 evidence, or evidence there.
22
MS.
: Not where the servers are.
23 But it's some file cabinets, where the servers
24 are. And I think that's maybe some archive SIS
25 cases from --
EFTA00116457
1
2
3
4
5
6
7
8
MR.
: Okay.
MR.
: Okay.
MS.
: -- a long time ago.
MR.
: So, next topic?
MR.
: Mm-hmm.
MR.
: Okay. So, what was
understanding about why Epstein was
assigned cell? Were you aware that
106
your
not in his
he was -
9 when they found him - and he was not in the
10 cell that he was assigned to in the system?
11
MS.
: No. I learned that later on,
12 that --
13
MR.
: What did you learn?
14
MS.
: -- that he was keyed to one
15 cell, but he was actually living in another
16 cell. So, I don't know where they changed his
17 cell at.
18
MR.
: And is this because the cell
19 rotations that happen in the SHU?
20
MS.
: Right.
21
MR.
: And who would have been
22 responsible to make sure that this, once the
23 cell rotation happened -.
24
MR.
: That's not the reason.
25 So, let's not go down that path. So, did you
EFTA00116458
107
1 learn how that happened? How he was keyed into
2 one, and not in another?
3
MS.
: No.
4
MR.
: No? Okay. Did you hear
5 -? Does this refresh your memory at all, like,
6 he was initially placed into one cell, when he
7 came back from suicide watch, around July 30th,
8 but then, the CPAP machine didn't actually
9 reach into there, so they had to switch him to
10 another?
11
MS.
: No.
12
MR.
: No? So, you never heard
13 anything about that?
14
MS.
: No.
15
MR.
: Okay. Go ahead.
16
MR.
: So -
17
MR.
: Who would have been
18 responsible for making those changes in the
19 system, to make sure that he's in the actual
20 cell where he's supposed to be there?
21
MS.
: Normally, the SHU OIC make
22 the changes.
23
MR.
: So, it wouldn't be the
24 lieutenant? It would be the OIC?
25
MS.
: Yeah. It would be the OIC.
EFTA00116459
108
1
MR.
: Okay. And so, would that
2 be -? Is there an OIC for each shift, or is
3 there one overall OIC?
4
MS.
: There is one for each shift.
5
MR.
: Okay. So, on that note,
6 is it more for, like, the morning watch, the
7 day watch, or the evening watch that would be
8 responsible for that change?
9
MS.
: No. Whatever shift he was
10 moved on, that OIC should have made the change.
11
MR.
: Okay. Okay. And at this
12 point, if the change wasn't made, is there a
13 way for us to know when that occurred? When
14 they actually moved him from one cell to
15 another cell?
16
MS.
: No. The only way you would
17 know is to rely on the cameras to, you know,
18 rewind and see.
19
MR.
: To see, you know
20
MS.
: Mm-hmm.
21
MR.
: -- when that actually
22 happened. But the cameras weren't actually
23 working --
24
MS.
: Right.
25
MR.
: -- from 7/29, and this
EFTA00116460
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 happened on
2 point?
3
MS.
4
MR.
5
MS.
6
MR.
7
MR.
8
MR.
MR.
109
7/30. There's no way, at this
they supposed
MS.
:
MR.
MS.
:
have to do a
three or five
officer. Per
cell searches
MR.
:
actual cells
searching?
MS.
: Actual cell searches.
MR.
: And is that five -?
MS.
: With the exception of
midnight shift. They usually do the
areas.
No.
: Okay.
No.
: Go ahead.
Next level?
: Sure.
Cell searches. How often are
to do cell searches in the SHU?
You're taking me back-back.
: Yeah.
There is - I want to say they
set amount. I don't know if it's
. It was five when I was an
shift. They should be random
▪ Is it of the general area, or
that they're supposed to be
the
general
EFTA00116461
110
1
MR.
: But there should have been
2 cell searches done, by the C.O.s, at least five
3 times?
4
MS.
: Yes.
5
MR.
: Per shift?
6
MS.
: Yes.
7
MR.
: On day watch
8
MR.
: Okay.
9
MR.
: -- and night watch?
10
MS.
: No. On day watch --
11
MR.
: Day watch and evening --
12
MS.
: -- an evening watch.
13
MR.
: -- watch.
14
MR.
: All right. Well,
15 evening. Evening watch, right?
16
MS.
: Yes.
17
MR.
: So, if they're doing
18 those, is it just as important to log those
19 searches into the system?
20
MS.
: Yes.
21
MR.
: So, if there is no cell
22 searches actually being logged into the system,
23 on those dates, is that a problem?
24
MS.
: Yes.
25
MR.
: Okay
And would you
EFTA00116462
1 consider that,
2
MS.
:
3
MR.
4 the system, is
5 happened?
6
MS.
:
7
MR.
8
MR.
:
111
like, a policy violation?
Yes.
: If it's not logged into
it almost as if they never
Yes.
: Go ahead.
That's all I have. I know
9 you looked into the monitor, the phone call
10 that Epstein made the night before, on August
11 9th, right? And what is your understanding of
12 what transpired? Like, how did he make that
13 phone call?
14
MS.
: My understanding is that his
15 unit manager gave him the phone call. On an
16 unsecured line. He placed Epstein in the
17 shower area - that's what my understanding -
18 and he plugged the phone into an unsecured
19 line, and gave him a phone call.
20
MR.
: And based on what we - based
21 on the interviews - it looks like Epstein asked
22 to speak to his mother.
23
MS.
: Right.
24
MR.
: And he asked for, his pack
25 and PIN was not set up.
EFTA00116463
112
1
MR.
: Well, let's ask her.
2 What is your understanding of what happened?
3
MS.
: That was my understanding,
4 that he made a phone call to his mother.
5
MR.
: Have you learned anything
6 since then?
7
MS.
: No. Well, I did learn that
8 his mother was deceased on the 10th.
9
MR.
: And do you know who he
10 actually called?
11
MS.
: I don't. I don't. I
12 actually was present when we did get the
13 number, and the NYPD guy called the number
14 back, but I don't know who it was.
15
MR.
: He actually dialed the
16 phone?
17
MS.
: Mm-hmm.
18
MR.
: To check to -? Rather
19 than doing a search, he called the number that
20 they --
21
MS.
: I think he did a search.
22
MR.
: -- okay.
23
MS.
: I think he did a search. And
24 he called the number.
25
MR.
: From here? At the BOP?
EFTA00116464
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
MS.
2 have called
3
MR.
4
MS.
5 he called
6
MR.
7 presence?
8
MS.
there.
MR.
phones
MS.
from
113
No. I want to say he might
from his phone he had.
: He had a cell phone?
Yeah. Mm-hmm. I want to say
his phone.
: Was this in your
Yeah. It was. Yeah. I was
: Did they bring their cell
into the institution?
: We had - we got approval for
them to bring their phones in, because they was
doing an investigation.
MR.
: Oh, okay.
MS.
: Yes.
MR.
: And do you know if
someone answered when he called?
MS.
: I want to say a female
answered, but hung up.
MR.
: Okay. Did he identify
himself?
MS.
: I can't remember.
MR.
: Okay.
MS.
: I can't remember.
EFTA00116465
114
1
MR.
: And is that the same
2 person, though, that --
3
MR.
: You think?
4
MS.
: Yeah.
5
MR.
: -- NYPD
6
MS.
: Yeah.
7
MR.
: -- detective.
8
MS.
: Because - yes - it was only
9 one NYPD at the time.
10
MR.
: Okay. And it's
11
.
?
12
MS.
: Yeah.
13
MR.
: Okay.
14
MS.
: I think it was
.
15
MR.
: Okay. Great. Who did
16 you say that actually provided him the phone
17 call?
18
MS.
: His unit manager.
19
MR.
: And who was that?
20
MS.
: His name is
22
MR.
: And what is your
23 understanding of what should have transpired if
24 he gave him that phone call? How should have
25 that process worked?
EFTA00116466
115
1
MS.
: If he gave him a phone call,
2 it should have been on a secure line. Meaning,
3 the inmate's line. Because when it's on the
4 inmate line, you can listen to the phone call.
5 You know, go back. You can monitor it live.
6 And it should have been recorded in the logbook
7 that he received the phone call to the number
8 he received the phone call to.
9
MR.
: And should have he sat
10 there with him, while the call was being
1