Text extracted via OCR from the original document. May contain errors from the scanning process.
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SWORN STATEMENT
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OF
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OIG CASE #:
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2019-010614
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DECEMBER 2, 2021
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28632 Roadside Drive, Suite 285
Agoura Hills, CA 91301
Phone:
EFTA00127205
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APPEARANCES:
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BY:
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BY:
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WITNESS:
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NONE
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EFTA00127206
3
1
MR.
: All right. The recorder
2
is on. There is also going to be - I'm just
3
going to go over, like, a list of - it's kind
4
of, like, an introduction, and just kind of a
5
preamble into what we are going to be
6
discussing, and who you are. It's going to
7
sound very scripted, and that's because it
8
pretty much is. But you are there still.
9
Correct?
10
MS.
: Yes. Mm-hmm.
11
MR.
: Perfect. All right. So,
12
my name is
and I am a Senior
13
Special Agent with the U.S. Department of
14
Justice, Office of the Inspector General. New
15
York Field Office. Boston Area Office. This
16
interview with Federal Bureau of Prisons
17
Associate Warden
- did I say that
18
correctly?
19
MS.
: Yes. Correct. Mm-hmm.
20
MR.
: Is being conducted as
21
part of an official U.S. Department of Justice,
22
Office of the Inspector General, or DOJ/OIG,
23
investigation. Today's date is December 2nd,
24
2021, and the time is 10:34 a.m. This
25
interview is being conducted by telephone. I
EFTA00127207
4
1
contacted you, Ms.
by telephone number
2
(870) 494-4200, extension 4209. Also present
3
4
5
6
by telephone is DOJ/OIG Special Agent
. This interview will be recorded by
me, SSA
. Could everyone
please identify themselves for the record, and
7
spell your last name? To start, again, I am
8
DOJ/OIG Senior Special Agent
9
And my last name is spelled
can you just state your name and
11
spell your name for the recorder?
12
: Yes. I am DOJ/OIG Special
13
Agent
Last name is spelled II
■
15
MR.
: And Ms.
16
MS.
: My name is
17
Associate warden. Last name is spelled E-D-G-
18
E.
19
MR.
: Great. Thank you very
20
much. This is an official DOJ/OIG
21
investigation into the death of inmate Jeffrey
22
Epstein and the surrounding circumstances, and
23
you are being asked to voluntarily provide
24
answers to our questions. Will you agree to
25
the interview with the DOJ/OIG?
EFTA00127208
1
MS.
: Yes. I do.
2
MR.
: Perfect. And were you
3
able to review the voluntary interview form
4
that I sent to you via email, the DOJ/OIG form
5
11I-226/2?
6
MS.
: Yes, I was. Yes, I did.
7
MR.
: Perfect. And thank you
8
for sending it back to me a few minutes ago. I
9
see that you signed and dated it.
10
MS.
: Mm-hmm.
11
MR.
: And do you understand the
12
OIG form?
13
MS.
: Yes, I do.
14
MR.
: Perfect. And just, I'm
15
going to just going to read it for the record,
16
so that that's something that we have to do.
17
It says, United States Department of Justice,
18
Office of the Inspector General, Warnings and
19
Assurances to Employee Requested to Provide
20
Information on a Voluntary Basis. It says,
21
"You are being asked to provide information as
22
part of an investigation being conducted by the
23
Office of the Inspector General. This
24
investigation is being conducted pursuant to
25
the Inspector General Act of 1978, as amended.
EFTA00127209
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1
This investigation pertains job performance
2
failure and security failure. This is a
3
voluntary interview.
Accordingly, you do not
4
have to answer questions. No disciplinary
5
action will be taken against you if you choose
6
not to answer questions. Any statements you
7
furnish may be used as evidence in any future
8
criminal proceedings, or agency disciplinary
9
proceedings, or both." And there is a waiver
10
section. It says, "I understand the Warnings
11
and Assurances stated above, and I am willing
12
to make statements and answer questions. No
13
promises or threats have been made to me, and
14
no pressure or coercion of any kind has been
15
used against me." And I see that you signed
16
your signature. You printed your name,
17
And you dated and time
18
12/02/21, at 9:00 a.m. So, I assume that is
19
the time that you reviewed the form?
20
MS.
: Yes.
21
MR.
: Perfect. And that is
22
your signature on this form?
23
MS.
: Yes, it is.
24
MR.
: Awesome. And is there
25
any questions you have with regard to the
EFTA00127210
1
interview, or this form?
2
MS.
: No. I don't.
3
MR.
: Awesome. So, I will be
4
signing my name as the Special Agent. And
5
then, I will print my name under that as the
6
Special Agent.
, do you mind - since this
7
is a telephone interview, you're not present -
8
do you mind if I sign for you, and place that
9
it was me that signed for you, and print your
10
name as the witness?
11
: I don't mind.
12
MR.
: Perfect. All right. So,
13
I will sign for you, and then print your name,
14
and I will add the telephone number that we
15
are, as the place. Great. Let me get back to
16
this. Before starting the interview, I would
17
like to place you under oath. Ms.
, can
18
you please raise your right hand? Do you swear
19
to tell the truth and nothing but the truth
20
during this interview?
21
MS.
: Yes, I do.
22
MR.
: Perfect. Thank you. And
23
then, because we are not in person, I'm just
24
going to have to ask you a couple questions to
25
verify your identity. What is your current
EFTA00127211
1
2
home address?
MS.
4
MR.
: Thank you. And what is
5
your date of birth?
6
MS.
7
MR.
: And what is your social
8
security number?
9
MS.
:
Do I have to give it?
10
MR.
:
You can give me your last
11
four, if that's okay.
12
MS.
: Okay. The last four.
13
MR.
:
Perfect. Thank you. And
14
how long have you worked for the BOP?
15
MS.
:
For 21 years.
16
MR.
:
Do you remember,
17
approximately, when your enter on duty date
18
was?
19
MS.
: Yes. September 10 of 2000.
20
MR.
:
Perfect. And what is
21
your current position with the BOP?
22
MS.
: I'm an Associate Warden.
23
MR.
: And where is that?
24
MS.
: I'm stationed at FCC Forrest
25
City in Forrest City, Arkansas.
EFTA00127212
1
MR.
: And how long have you
2
held that position?
3
MS.
: I've been - well, I've been at
4
this present duty station since officially
5
September, but physically here in October. Bu-
6
I've been an associate warden for, prior to
7
that.
8
MR.
: Okay. So, you've been
9
basically you were remote in September, and
10
then physically present in October of this
11
current year, 2021?
12
MS.
: Correct.
13
MR.
: Perfect. And you - I'm
14
sorry - you said you've been an associate
15
warden since when?
16
MS.
: I've been an associate warden
17
since - we're in 2021 - I think 2017.
18
MR.
: Since 2017?
19
MS.
: Uh-huh.
20
MR.
: Okay. Great. And what
21
are your duties and responsibilities as an
22
associate warden?
23
MS.
: As an associate warden, I
24
provide advice and counsel to the warden, and I
25
have oversight of specific disciplines as
EFTA00127213
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decided by the warden.
2
MR.
: Okay.
3
MS.
: And I made decisions on policy,
4
and security (Indiscernible *00:06:34) concerns
5
of the institution.
6
MR.
: Okay. And were you ever
7
interviewed by either the DOJ/OIG or FBI
8
regarding the Epstein matter?
9
MS.
: No. I was not.
10
MR.
: Okay. So, this is the
11
first time?
12
MS.
: Yes.
13
MR.
: Okay. Great. And are
14
you familiar with inmate Jeffrey Epstein, who
15
was housed within the MCC in July and August
16
2019, until his death on August 10th, 2019?
17
MS.
: Yes.
18
MR.
: And what was your
19
involvement with the matter?
20
MS.
: Well, I have limited
21
involvement. I arrived at MCC New York July
22
4th, I believe, of 2019. And Epstein expired
23
August 10th, I believe. So, I actually, I saw
24
him, like, when he was in the visiting room.
25
And I was part of - there has been some
EFTA00127214
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meetings, exec staff meetings. But as far as
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extensive contact, or extensive involvement,
3
really nothing extensive due to my short time
4
being at the institution.
5
MR.
: Okay. So, you did arrive
6
on July 4th? So, I guess you were there, then,
7
the entire time during his stay, though.
8
Correct?
9
MS.
: Well, not the entire -. I
10
don't know when he arrived. So, I believe it
11
wasn't the entire time. But it was -. I think
12
he arrived some time in June, if I'm not
13
mistaken. I don't recall.
14
MR.
: He arrived in July.
15
Right around the same time. So --
16
MS.
: In July?
17
MR.
: -- there might be, like,
18
a day or two difference, but yeah, it was --
19
MS.
: Okay.
20
MR.
: -- it was July and August
21
was when he was there.
22
MS.
: Okay. Yeah.
23
MR.
: Awesome. So, if you were
24
there in July, I'm just going to briefly touch
25
on the July 23rd, 2019 incident. Do you recall
EFTA00127215
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an incident involving Jeffrey Epstein and
2
inmate Tartaglione on July 23rd, 2019?
3
MS.
: When you say an incident, what
4
do you mean?
5
MR.
: So, there was an incident
6
that happened in the SHU, where Tartaglione was
7
Epstein's celimate, and Epstein was removed
8
from the SHU and placed on suicide watch, and
9
then psychological observation. Are you
10
familiar with that?
11
MS.
: Oh, yes. I'm familiar with it.
12
MR.
: And what is your
13
understanding of what transpired?
14
MS.
: My understanding is that
15
Tartaglione, I believe he requested, or he
16
called somehow for assistance because I believe
17
he indicated that Epstein was trying to commit
18
suicide.
19
MR.
: Okay. And do you know by
20
what manner Epstein was attempting to commit
21
suicide?
22
MS.
: I believe he was trying to, by
23
use of either strings, or some kind of
24
clothing, or something as a ligature.
25
MR.
: Okay. And is it your
EFTA00127216
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understanding that Epstein attempted to harm
2
himself?
3
MS.
: Yes. That was my
4
understanding.
5
MR.
: And did you hear anything
6
with regard to Tartaglione attempting to harm
7
Epstein?
8
MS.
: I know there was, there was
9
speculation, not from Epstein, but there was
10
speculation that, perhaps, you know, there
11
could have been something involved, but
12
Epstein, I believe, made statements that his
13
cellmate did not try to harm him, as well as
14
Tartaglione himself indicated that he did not
15
try to harm him.
16
MR.
: Okay. So, your belief is
17
that they are, they were not correct
18
statements, and then in fact it was Epstein
19
that attempted to harm himself, and not
20
Tartaglione?
21
MS.
: That is correct.
22
MR.
: Okay. And did you have
23
any involvement with selecting Tartaglione as
24
Epstein's cellmate?
25
MS.
: No. I did not.
EFTA00127217
1
MR.
: And do you know how
2
Tartaglione was selected to be Epstein's
3
cellmate?
4
MS.
: I don't know. I don't, I don't
5
know exactly how he was selected. I do know,
6
after the fact, it was indicated that, because
7
he was former law enforcement, and he didn't
8
seem like he, I guess he didn't - he didn't
9
have anything that, it didn't appear that he
10
would hurt Epstein, that he was suitable to be
11
Epstein's cellmate. But I don't know exactly
12
what the vetting process was for that decision.
13
MR.
: Okay. And do you believe
14
that Tartaglione was an appropriate choice for
15
a cellmate?
16
MS.
: I'm not going to speculate
17
about that. I do know, at the time that he was
18
a cellmate, that he did not try to harm him.
19
Epstein never voiced any concerns about - that
20
I am aware of - about Tartaglione being his
21
cellmate. But as far as looking at
22
Tartaglione's charges, or anything to see if he
23
had any risk factors that would indicate that
24
he would harm Epstein, that would be
25
speculation after the fact. So, that, I don't
EFTA00127218
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believe I'm in a position to make that decision
2
at this time.
3
MR.
: Sure. Okay. And then,
4
what is your understanding of, after this
5
incident occurred, where was Epstein placed?
6
MS.
: He was placed on suicide watch,
7
is my understanding.
8
MR.
: Okay. Great. And that
9
was immediately following, or on July 23rd,
10
2019. Do you have any involvement with Epstein
11
while he was on suicide watch? And then,
12
psychological observation?
13
MS.
: No.
14
MR.
: And where is that
15
conducted? Or where was that conducted?
16
MS.
: Where, in the suicide watch
17
cells, you mean?
18
MR.
: Correct. Where would
19
have he been housed at the time?
20
MS.
: Oh, yeah. The suicide watch
21
cells are on the, they are on the second -.
22
They are on the second floor. On the same
23
floor as the health services department. So,
24
around the corner, and it's down the hall from
25
psychology. From the psychology department
EFTA00127219
16
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themselves.
2
MR.
: Great. And where was the
3
SHU located in the MCC?
4
MS.
: The Special Housing Unit is
5
located on the ninth floor.
6
MR.
: Great. And while Epstein
7
was on suicide watch, and then psychological
8
observation, do you know if he was allowed any
9
visits, specifically any attorney visits, or
10
anything like that?
11
MS.
: I do believe that he was
12
allowed to see his attorney.
13
MR.
: And do you know if he did
14
see his attorney while he was on psychological
15
observation?
16
MS.
: I don't know for certain if,
17
like, watch was - if it was the same day, but
18
am not for certain, 100 percent certain, but I
19
do believe that it did occur. It did occur. I
20
know he was
He saw his attorneys very
21
often. Almost daily. And I don't believe that
22
there was any break in visits. So, I would,
23
would say that it probably did happen on the
24
same day that he was on suicide watch.
25
MR.
: And how would that work?
EFTA00127220
17
1
If someone is on suicide watch, and then
2
psychological observation, how would they meet
3
with their attorneys?
4
MS.
: Typically, if someone is on
5
suicide watch, they do not have visits, and
6
they don't - because they're on watch - they
7
would be under constant, whether it was an
8
inmate companion, or a staff watch. So,
9
typically, a person on suicide watch would not
10
have visits. So, if a visit did happen during
11
suicide watch, I would gather that that person
12
will still be under the same observation
13
protocol. Obviously, another inmate would not
14
be able to watch them because of the privacy
15
factor with the visit, but I would, I would
16
assume that a staff member would be present.
17
MR.
: Okay. Now, would they be
18
present on that second floor suicide watch
19
area, psychological observation area? Or would
20
that be conducted in the attorney visit rooms
21
of the MCC?
22
MS.
: So, again, typically, visits
23
don't happen when a person is on suicide watch.
24
And because of the placement where suicide
25
watch is, there is no visits that happen in
EFTA00127221
18
1
that area. So, all of the attorney conference
2
visits, they happen in the attorney conference
3
area, which is on the third floor. So, any
4
visit, attorney related, would happen on the
5
third floor, in the attorney conference area.
6
MR.
: And to make sure I'm
7
understanding you correctly. So, that means
8
you believe that when Epstein was on
9
psychological observation or suicide watch, he
10
would have been, then, transported to that
11
third floor visiting area where he would
12
conduct his visits with his attorney? His
13
attorneys.
14
MS.
: That is correct.
15
MR.
: Okay. Now, were there
16
any specific - and oh, sorry, before I move on,
17
I guess I should say. So, that is not typical,
18
though? That would have been, like, a kind of
19
something that was a special circumstance for
20
Epstein?
21
MS.
: Yeah. Yeah. That is not
22
typical.
23
MR.
: Okay. And do you know if
24
there is any prohibition up against that, or
25
not?
EFTA00127222
19
1
MS.
: I know
There are
2
guidelines, I believe, that when a person is on
3
suicide watch, that is where they would remain
4
under constant supervision, and there would be
5
no visits.
6
MR.
: Okay. So, I am assuming
7
that answer would be, then, yes, there are
8
prohibitions?
9
MS.
: When you say prohibitions, you
10
mean that the agency has guidelines in place
11
that says absolutely not?
12
MR.
: Yeah. So, I guess what
13
I'm asking is, should Epstein have been
14
visiting with his attorneys while he was on
15
suicide watch, or psychological observation?
16
MS.
: If there was a determination,
17
which I am not aware of, that deemed that it
18
would be okay or appropriate, as far as a
19
psychologist, or someone from the psychology
20
department, indicating that it would be okay,
21
then that would be, you know, that would be a
22
consent.
23
MR.
: Sure.
24
MS.
: But other than that, I don't
25
believe anyone else would make that
EFTA00127223
1
determination to say that he would then be
2
taken off of suicide watch, and then placed in
3
the attorney conference area.
4
MR.
: Okay. Great. So, I take
5
it, then, is it that MCC psychology department,
6
are they the ones who determined that Epstein
7
should be on suicide watch, and then
8
psychological observation?
9
MS.
: Well, anyone can actually place
10
someone on suicide watch, if that person voices
11
- and when I say "anyone," for instance, if I
12
call, a psychologist is not there after hours,
13
someone voices an intent to harm themselves,
14
the lieutenant can make that decision to place
15
the person on suicide watch. But psychology
16
typically is the one that would determine
17
whether someone is taken off of suicide watch
18
because they would have to do a suicide risk
19
assessment, and any other clinical assessment.
20
So, placing someone on suicide watch
21
again - depending on the time, it can be
22
psychology, or it can be a correctional
23
services staff member. And then, the removal
24
would be someone from psychology, to say that
25
this person is not deemed suicidal, or, you
EFTA00127224
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OFFICIAL USE
know, they are safe to be in general
population.
MR.
: Okay. And then, but it
would also - and correct me if I'm wrong - but
it did sound like you said that it would have
been psychology's decision to allow Epstein to
visit with his attorneys while he was on
suicide watch or psychological observation?
MS.
: No. I don't know if that was
what actually occurred. But to remove someone
from suicide watch, that would be a psychology
decision.
MR.
: So, when you say "remove
someone," do you mean, like, just for those
hours that he was visiting, or are you talking
about when he was removed and placed back in
the SHU?
MS.
: Typically, when you remove
someone, it's not for an hour or two. It's
typically, you are saying that that person
poses no more risk to themselves, so they are
off. Basically, they are going back to general
population. So, I am not aware of any
situation where you remove a person for an hour
or two, or for a short timeframe, and then
EFTA00127225
1
place them back.
2
MR.
: Sure. So, that is kind
3
of I guess what I'm asking is, who makes the
4
determinations? Because you said that your
5
understanding was that he did conduct his
6
attorney visits during that time period that he
7
was on suicide watch.
8
MS.
: Mm-hmm.
9
MR.
: Or psychological
10
observation. So, who made the, you know, who
11
had the authority to allow him to conduct those
12
attorney visits?
13
MS.
: Yes. I don't know. Again, I
14
don't know who made the ultimate decision for
15
that to happen. But I know the process for
16
removal of suicide watch, and what that process
17
entails. And that is why I'm saying, to remove
18
someone off of suicide watch, it would have to
19
be someone in psychology, to say that that is
20
appropriate. But in this instance, I don't
21
know, I don't know if that was communicated.
22
If that actually occurred. So, I hope,
23
hopefully that answers the question.
24
MR.
: Sure.
Yeah.
25
MS.
: But (Indiscernible *00:19:29).
EFTA00127226
23
1
MR.
: We can move on to the
2
SHU, then, when he got removed. So, do you
3
know if there were any specific instructions,
4
by either you, the warden, or other MCC
5
executive staff, with regard to Epstein being
6
placed back in the SHU from psychological
7
observation?
8
MS.
: When he was - you are saying
9
when he was removed?
10
MR.
: So, when a determination
11
was made that he - for Epstein to be removed,
12
which was on or about July 30th, 2019.
13
MS.
: Mm-hmm.
14
MR.
: Were there any specific
15
instructions provided by you, the warden, or
16
other MCC executive staff, with regard to
17
Epstein being placed back in the SHU?
18
MS.
: Well, I didn't, I didn't have
19
any specific direction, or instructions to a
20
particular staff member. But I do, I do know
21
that there was a determination made, and who
22
exactly made that determination, typically,
23
when you - high-profile individuals, and you
24
are saying to place them in Special Housing for
25
their care, it is typically the CEO, the
EFTA00127227
1
warden, in consultation with correctional
2
services, because it falls under custody care
3
and control. And so, that decision was made to
4
place him in Special Housing.
5
MR.
: Okay. Do you know, did
6
you, MCC executive staff, or anyone, including
7
the warden, receive any calls, or was anyone
8
contacted by lawyers, or a judge, asking for
9
Epstein to be removed from suicide watch or
10
psychological observation?
11
MS.
: That, I am not aware of any
12
communication about that.
13
MR.
: Okay. And just to circle
14
back. Were you, or executive staff, involved
15
with any decisions to have Epstein removed from
16
suicide watch or psychological observation?
17
MS.
: Say that one more time. Say
18
that one more time.
19
MR.
: So, that actually having
20
him removed. So, back on July, you know, 30th,
21
when he was removed. Would yourself or
22
executive staff, would you have been a part of
23
the process of actually taking him off of
24
suicide watch or psychological observation?
25
MS.
: No.
EFTA00127228
1
MR.
: So, that is solely a
2
psychology decision?
3
MS.
: Yeah. Because they are the
4
subject matter experts, and again, and whether
5
someone is off of suicide, or displaying
6
suicide risk factors, typically, it is a
7
psychology thing, to remove the individual.
8
MR.
: Okay. And that, that's
9
not in consultation with MCC executive staff?
10
MS.
: No. To remove someone from
11
suicide watch? No.
12
MR.
: Okay. Now, it is our
13
understanding that, after Epstein was placed
14
back in the SHU, or the Special Housing Unit,
15
psychology recommended that Epstein be housed
16
with a cellmate. Do you know if that is
17
accurate?
18
MS.
: That, I do know that is
19
accurate.
20
MR.
: You do know that it is
21
accurate?
22
MS.
: Yes. That, I do believe that
23
that was - Mm-hmm - that is accurate. That it
24
was indicated that he should have a cellmate.
25
MR.
: Okay. And do you know
EFTA00127229
26
1
how that information was disseminated within
2
MCC?
3
MS.
: And again, there was several,
4
you know, there was meetings, and I don't know
5
what particular meeting it occurred, but I do
6
recall, during one of the meetings, that it was
7
indicated. I don't know if it was during close
8
out, or open up, that it was important that he
9
did have a cellmate.
10
MR.
: Okay. So, it was an
11
actual requirement that Epstein have a cellmate
12
while he was assigned to the SHU?
13
MS.
: Yes.
14
MR.
: Okay. And do you know
15
who made -? Do you know who he was celled
16
with? Do you know what the name of his
17
cellmate was when he came back off of suicide
18
watch, on July 30th, 2019?
19
MS.
: Oh, who was his cellmate? i
20
don't know if it was
I don't know what the
21
(Indiscernible *00:23:19). But I do know, at
22
one point, he had a cellmate named - the last
23
name was Reyes. And the first name was Efrain.
24
E-F-R-A-I-N. But I don't recall if that was
25
his consistent cellmate. But I do recall,
EFTA00127230
1
besides Tartaglione, Reyes was another
2
cellmate.
3
MR.
: And thank you. I have
4
actually been saying Efrain. So, it's Efrain?
5
MS.
: That's what I think you
6
pronounce it as. It could be my New York
7
accent, but I'm saying Efrain.
8
MR.
: Okay. Hey. That's - _
9
guess -. Yeah. I'm looking at it, and it's -.
10
I'm going to start saying Efrain now.
11
MS.
: Mm-hmm.
12
MR.
: Do you know who made the
13
decision that Reyes would be Epstein's
14
cellmate?
15
MS.
: That, I am not aware of. I
16
don't know if it was an actual, like, meeting,
17
as far as a placement decision. So, I don't
18
know if it was actually a vetting process, to
19
determine who should be the cellmate. I know
20
it was indicated that he should have a
21
cellmate. But what that process was, to get to
22
Reyes, I am not aware of it.
23
MR.
: Okay. So, that means
24
that you were not involved with that decision?
25
MS.
: No.
EFTA00127231
28
1
MR.
: Okay. And did you work
2
at the MCC on August 9th - which was a Friday -
3
or August 10th - which was a Saturday - that he
4
was found in 2019?
5
MS.
: Well, I worked on Friday. My
6
work hours, because of my position, I work
7
Monday through Friday, 7:30 to 4:00. But I did
8
report to the institution the morning of, when
9
I received the call indicating that I needed to
10
report to the institution on that day that
11
Epstein was found.
12
MR.
: Okay. So, on Friday,
13
August 9th, you worked from 7:30 a.m. to 4:00
14
p.m.?
15
MS.
: Correct.
16
MR.
: And then, on August 10th
17
- so, you did depart at 4:00 p.m. - and then
18
you returned after Epstein was found on August
19
10th?
20
MS.
: And then, I returned back to
21
the institution -. Okay. I'm trying to
22
remember what -. I received a call around
23
maybe 8:00 or something.
I received a call,
24
and then, I arrived at the institution maybe
25
around 9:00 or so.
EFTA00127232
1
MR.
: Okay.
9:00 a.m.?
2
MS.
: Mm-hmm.
3
MR.
: Okay. So, since Epstein
4
was required to have a cellmate, who was
5
ultimately responsible to make sure that all
6
SHU staff were aware of his cellmate
7
requirement?
8
MS.
: Oh. Okay. And because - I'm
9
just going to say this - because it's Special
10
Housing, Special Housing is governed under
11
correctional services. It would be the captain
12
is typically in charge of correctional
13
services. And there is a SHU lieutenant that
14
is assigned to the Special Housing on a daily
15
basis.
That that is that person's daily
16
assignment. And they are responsible for
17
ensuring that everything is in compliance in
18
Special Housing. And so, there should be some
19
communication, if then, like I said, psychology
20
made a decision that he had to have a cellmate.
21
Everyone was aware of it, but that, like,
22
verbal communication, or insurance, it should
23
have happened in the correctional services.
24
The captain. The lieutenant. And then, that
25
information communicated down to the staff that
EFTA00127233
1
actually work in the Special Housing Unit.
2
MR.
: Okay. And do you know,
3
at the time, in August 9th and 10th, who the
4
captain at the MCC was?
5
MS.
: It was
6
MR.
: Okay. And do you know
7
who the SHU lieutenant at the time was?
8
MS.
: That, I am not aware of. That,
9
I am not aware of.
10
MR.
: Does Lieutenant
11
sound familiar to you?
12
MS.
: I know Lieutenant
. But I
13
don't know if that was his post at that
14
quarter.
15
MR.
: Okay.
16
MS.
: I am not sure.
17
MR.
: Okay. So, that was his
18
post for the quarter. So, ultimately, the
19
information should have come from Captain
20
and SHU Lieutenant
They should
21
have provided to the SHU staff that Epstein was
22
required to have a cellmate at all times?
23
MS.
: Mm-hmm.
24
MR.
: Okay. And that is a yes?
25
MS.
: Yes. That is a yes.
EFTA00127234
31
1
MR.
: Okay. Great. And how
2
should have they communicated that? Should
3
have that been verbally, in writing? How
4
should have they made sure everyone knew?
5
MS.
: Now, to ensure that, you could
6
have a record of it if you put it in an email.
7
That's blatant, and that can never be
8
contradicted. You could also have verbal
9
notification, in addition to written
10
notification. So, that it could be both.
11
Honestly. It could be both. But if you have
12
it in - you have something that, a bulletin or
13
some kind of an email that went out, that's
14
definitely, you know, something that - that's a
15
record. That's a permanent record.
16
MR.
: So, it sounds --
17
MS.
(Indiscernible *00:28:24)
18
MR.
: -- like you're saying, it
19
really should have been both verbal and in
20
writing, but writing would basically make sure
21
that you are, it's documented?
22
MS.
: Correct.
23
MR.
: Is that a correct
24
understanding?
25
MS.
: That is a correct
EFTA00127235
1
understanding.
2
MR.
: Okay.
3
MS.
: And in addition to that, I do
4
know that the SHU staff did know that he should
5
have had a cellmate.
6
MR.
: You do know that they
7
knew that?
8
MS.
: I do know that the SHU staff
9
knew that. Mm-hmm.
10
MR.
: And how do you know that?
11
MS.
: Because the staff are required
12
to make weekly rounds, and I don't -. Now,
13
because of, after the - excuse me - after the
14
fact, you know, he was kind of, like, you are
15
playing a - I'm just trying to recall the facts
16
- but I do recall instances of making rounds in
17
the Special Housing, where staff, it was said,
18
make sure that he had a cellmate, and when we
19
make rounds, that that was - I can - I verbally
20
heard folks say it myself.
21
MR.
: And do you remember who
22
was engaged in those conversations, or who you
23
know specifically that knew?
24
MS.
: That, I can't recall, because
25
in Special Housing, there is, like, four -.
EFTA00127236
33
1
There is -. You have the SHU number one, SHU
2
number two, the three, and the four. So, you
3
at least have four staff, and you have staff
4
that are SHU rec staff. So, there is several
5
staff assigned to the Special Housing Unit.
6
So, and at that -. So, I can't say with
7
certainty who was engaging in a conversation.
8
And then, like I said, and then you have the
9
SHU lieutenant. So, it was several folks that
10
were assigned to the Special Housing. And
11
again, I don't know specifically who said what,
12
but I do know that it was known because I
13
verbally, I heard it, it was audible. I heard
14
it.
15
MR.
: While you were in the
16
SHU?
17
MS.
: While I was in the SHU.
18
MR.
: And do you know around
19
what time of day that would have been?
20
MS.
: No.
21
MR.
: No?
22
MS.
: Hmm-mm.
23
MR.
: And did you hear it more
24
than one time?
25
MS.
: Yes. Mm-hmm.
EFTA00127237
34
1
MR.
: So, it was something that
2
you had heard on multiple occasions?
3
MS.
: Mm-hmm.
4
MR.
: Okay.
5
MS.
: Mm-hmm.
6
MR.
: And is that something
7
that, because you were engaged in a
8
conversation, or you just overheard people
9
saying it?
10
MS.
: I wasn't engaging in the
11
conversation about Epstein per se, but just in
12
a conversation about what was going on in SHU,
13
while making rounds.
14
MR.
: Okay.
15
MS.
: So, you discuss -. So,
16
typically, when you make SHU rounds, you can do
17
both. You can have, like, a SHU roster that
18
kind of lists all of the inmates that are
19
housed in the SHU. You can, like, look at the
20
board to see who has cellmates. So, sometimes,
21
the conversation is prompted from multiple
22
things, or sometimes inmates stop you at the
23
door, and ask questions, and then you talk
24
about who it is that asked you questions. So,
25
I'm just saying, because of all those
EFTA00127238
35
1
instances, I don't know why it was said about
2
that particular thing, but that was, that was
3
just one of some comments during that day.
4
MR.
: But it was a comment
5
specific --
6
MS.
: Yeah.
7
MR.
: -- to Epstein's cellmate.
8
Correct?
9
MS.
: Yes. Exactly.
10
MR.
: Okay. And do you know if
11
there were any plan -. Or sorry. Before I
12
move on, I guess I should specifically ask you.
13
So, you mentioned there was SHU one, two,
14
three, four, but Epstein was found when, you
15
know, during the overnight, I guess the morning
16
watch, which is, you know, I think midnight to
17
8:00 a.m.
18
MS.
: Mm-hmm.
19
MR.
: He was found at
20
approximately 6:33 a.m. on August 10th, and
21
then, at that time, there were only two SHU
22
staff in there.
23
MS.
: Mm-hmm.
24
MR.
: Specifically, a
25
and a
. Do you know those two
EFTA00127239
1
staff members?
2
MS.
: I know of them.
3
MR.
: Do you know if either of
4
those two specific staff members were aware of
5
Epstein's cellmate requirement?
6
MS.
: No. I don't -. That, I don't
7
know because they are assigned to work other
8
departments, and they were working overtime.
9
But what I do know - because I also, when i
10
first started working in the Bureau, I was a
11
correctional officer - I do know that you
12
should engage in conversation with whomever it
13
is that you are relieving, to find out, is
14
there any special precautions, or you pass on
15
your equipment, you talk about what your base
16
count is. So, there, there should be some
17
communication between you and the staff member
18
that you are relieving.
19
MR.
: Now, do you believe, if
20
the person's quarterly assignment was the SHU,
21
they would have known, and should have known?
22
MS.
: Yeah. Yes.
23
MR.
: Okay. So, if you know
24
that Tova Nova was actually assigned to the SHU
25
for that quarterly post, does that change
EFTA00127240
1
anything for you?
2
MS.
: Hmm. Well, you said
3
Was she an officer, or she was --
4
MR.
: She was an officer.
5
MS.
was she -?
6
MR.
: But she was assigned --
7
MS.
: Okay.
8
MR.
: -- as her quarterly --
9
MS.
: Mm-hmm.
10
MR.
: -- post was in the SHU.
11
12
MS.
: Okay.
13
MR.
: -- was on overtime,
14
working in the SHU. He was a materials
15
handler.
16
MS.
: Okay.
17
MR.
: But
was
18
actually --
19
MS.
: Okay.
20
MR.
: -- assigned to the SHU.
21
MS.
: Okay. Well then, she should
22
have known. And then, she - and again, I
23
didn't delve into that - she was on overtime,
24
but was she responding to what shift? Like,
25
evening watch? Was that her permanent
EFTA00127241
38
1
assignment?
2
MR.
: I would have to check if
3
that was her --
4
MS.
: Okay.
5
MR.
: -- she may have been, you
6
know, you might, you may be right.
7
MS.
: Mm-hmm.
8
MR.
: She may have been working
9
overtime in the SHU, but she was, in fact,
10
assigned to the SHU --
11
MS.
: Okay.
12
MR.
: -- for that quarter.
13
MS.
: Then she should have known.
14
MR.
: And do you believe
15
MS.
: She should have.
16
MR.
: -- that there is any
17
excuse for her to say that she didn't know?
18
MS.
: I can't see how, if that is
19
your post for the quarter, that you would not
20
know, because you have to make decisions based
21
on, like, recreation. You have to do rounds.
22
You have to actually physically walk down the
23
range. There are name tags on the door. There
24
is the hot list. There is information that
25
psychology, at times, even sends out to SHU
EFTA00127242
39
1
staff, indicating these inmates are on the hot
2
list, or these are some important factors about
3
specific inmates.
4
So, there is, there is information, and
5
there is things that you are required to do, as
6
part of your assignment in SHU, that you would
7
have to know who can even go in recreation, in
8
the recreation cage, with whom. It's because
9
of separation. So, there is information that
10
you have to be able to, you have to know, in
11
order for you to make safe decisions during
12
your eight hours of having oversight over the
13
inmates.
14
MR.
: So - great - so, you
15
touched on the hot list. Can you just very
16
briefly explain what the hot list is?
17
MS.
: Well, the hot list is, it's,
18
like a list that kind of, that psychology puts
19
together, and it has information about, at
20
times, who is on suicide alert, or of any kind
21
of risk factors, or something that requires
22
special care for just specific inmates. So, it
23
is, your base count, or the SHU can help maybe
24
have the capacity to hold maybe 80 inmates,
25
right? And if - not everyone is on the hot
EFTA00127243
1
list.
2
MR.
: Okay.
3
MS.
: So, again, the hot list is just
4
specifically designed to highlight specific
5
inmates, and what is needed, or something
6
special about that specific inmate.
7
MR.
: So, if an inmate comes
8
off of suicide watch, or psychological
9
observation, and is placed in the SHU, would he
10
be - he or she, yeah - would he be listed on
11
the hot list?
12
MS.
: I don't know if that would be
13
on the hot list, but I know that that should be
14
- that is something that would probably be on
15
the SHU roster, or the SHU report.
16
MR.
: Okay.
17
MS.
: The SHU report, it lists all of
18
the inmates. It has pictures of all of the
19
inmates. And it also sections for health
20
services, for psychology, for correctional
21
services, and for unit teams. And in those
22
comment sections, they typically will say this
23
inmate may need a cellmate. This inmate is on
24
the hot list. This inmate should be kept away
25
from inmate X, Y, and Z. It provides specific
EFTA00127244
41
1
information. So, even if it was not on the hot
2
list, it probably would also be on the SHU
3
report, which is BOPWARE. That's an electronic
4
report that you can pull from a program, a BOP
5
program.
6
MR.
: Okay. Now, do you know,
7
though, if Epstein specifically was on the hot
8
list in August of 2019?
9
MS.
: You know what? I don't know
10
that.
11
MR.
: Okay. So, if he was,
12
though, would it have listed that he was
13
required to have a cellmate?
14
MS.
: I'm trying to think if that
15
information would be on the hot list. I'm not
16
sure if that information would be on the hot
17
list.
18
MR.
: But it would be on this
19
other report that you were just speaking of,
20
that's in BOPWARE?
21
MS.
: I was - mm-hmm - that should,
22
that is something that would be important, that
23
psychology would definitely put on there.
24
MR.
: And would be -
25
would have she had been required to review that
EFTA00127245
42
1
list, and see that Epstein was required to have
2
a cellmate?
3
MS.
: Well, you are not required to
4
review the list, but in order to know what's
5
going on with the inmate, I mean, you have to
6
have a SHU roster. You would have to know
7
what's going on with the inmates.
8
MR.
: So --
9
MS.
: So -.
10
MR.
: -- so, she should have
11
reviewed the list, is what you are saying?
12
MS.
: If you want to know what's
13
going on with the inmates, I would say that you
14
would review your SHU report.
15
MR.
: Is there any other ways
16
that
, being that it was her quarterly
17
post, would have and should have known that
18
Epstein was required to have a cellmate?
19
MS.
: I do also know that we have
20
TruScope. So, there is also an electronic
21
program called TruScope, and psychology lists
22
things, and that psych, it's called a
23
psychology advisory list. And so, again, there
24
is multiple electronic formats. And paper
25
formats and things that information is listed.
EFTA00127246
1
MR.
: Okay.
2
MS.
: So -.
3
MR.
: And do you know, were
4
there any plans made on how to address the
5
situation if Reyes was removed as Epstein's
6
cellmate?
7
MS.
: I do - hmm - I don't recall
8
there being a meeting to say specifically if
9
Reyes was removed, but -. So, I can't say that
10
there was a meeting that I am aware of, to talk
11
about.
12
MR.
: So, being that Epstein
13
was --
14
MS.
: Actually, (Indiscernible
15
*00:39:13).
16
MR.
: -- so, being that Epstein
17
was required to have a cellmate, and being that
18
MCC is, you know, a jail versus a prison, where
19
prisoners are constantly moved in and out.
20
MS.
: Mm-hmm.
21
MR.
: Was there anything in
22
place to address that situation, if Epstein is
23
required to have a cellmate, his cellmate is
24
then removed. What should have happened?
25
MS.
: I don't recall of a
EFTA00127247
44
1
conversation specific to that. But I do know,
2
as part of, not just Epstein, but any inmate,
3
if they are required to have cellmates, if you
4
are doing your rounds, and the cellmate is not
5
in there, it could be because that cellmate is
6
inside of the recreation cage, but if it is a
7
prolonged thing --
8
MR.
: Mm-hmm.
9
MS.
: -- that is something that
10
should be brought to the attention of,
11
obviously, your first line supervisor first,
12
and then that supervisor would then call,
13
depending on if it is after hours, they can
14
call the on-call psychologist, or if it during
15
duty hours, you call - then the lieutenant
16
would then contact someone in psychology.
17
MR.
: Okay. So, the supervisor
18
19
MS.
: Mm-hmm.
20
MR.
: -- you're saying is the
21
SHU lieutenant. So, SHU staff should have
22
notified the SHU lieutenant?
23
MS.
: Yes.
24
MR.
: Now, what --
25
MS.
: Mm-hmm.
EFTA00127248
45
1
MR.
: -- what about if the SHU
2
lieutenant is off? So, on the 9th, Lieutenant
3
is off that day. There is no SHU
4
lieutenant. What should have happened with SHU
5
staff? Who should have they contacted?
6
MS.
: There is always a lieutenant.
7
So, even if
, who is the SHU lieutenant, is
8
not physically there, there is always a
9
lieutenant in the building, 24 hours.
10
MR.
: Sure.
11
MS.
: That person is -. So, there is
12
the management official, after hours. And so,
13
when there is any kind of emergency, or an
14
inmate situation that rises to the level of
15
contact, there is a management official there.
16
And they have received calls. And they then
17
call the captain, and then, the captain can
18
determine whether or not he wants some, you
19
know, to increase the level and call the AW,
20
but there is always a lieutenant in the
21
institution.
22
MR.
: Okay. And so, they
23
should have contacted one of the lieutenants,
24
and you are referring to the two lieutenants
25
that are usually there during the day. Can you
EFTA00127249
46
1
refresh my memory of what the two are called?
2
MS.
: One is the operations, and one
3
is the activities lieutenant.
4
MR.
: Right. So, is there one
5
or the other that the SHU staff, during the
6
day, should have called?
7
MS.
: Well, during the day, now,
8
okay, Monday through Friday, during the day,
9
there is the SHU lieutenant.
10
MR.
: No. I'm saying on the
11
9th --
12
MS.
: After -.
13
MR.
: -- with the fact that the
14
SHU lieutenant is not there.
15
MS.
: That you can call, you can
16
either call the activities or operations.
17
MR.
: So, it is either or.
18
There is not --
19
MS.
: But one --
20
MR.
: -- one or the other?
21
MS.
: -- hey, you can call
Hmm-
22
mm. You can call either or.
23
MR.
: Okay. Great. And do you
24
know what happened to inmate Reyes on August
25
9th, 2019?
EFTA00127250
47
1
MS.
: I know, I know because of after
2
the fact, that he was, I believe he was bonded,
3
or somehow, he was released from court. He was
4
at court, and he never came back because of
5
either a bond, receiving a bond or a bail.
6
MR.
: Okay. So, your
7
understanding is that he actually went to
8
court, and then was released?
9
MS.
: Yes. That is my understanding.
10
MR.
: And where did you receive
11
that information?
12
MS.
: That is after the fact. After,
13
you know, trying to gather what happened, and
14
to his cellmate. And so, if the information
15
was not, I was not aware of the information on
16
the day. It's because of this incident that
17
am aware of the information.
18
MR.
: Okay. So, and that is
19
your belief to this day?
20
MS.
: Yes. That is my belief to this
21
day.
22
MR.
: Okay. And what does WAB
23
mean?
24
MS.
: Oh, that means With All
25
Belongings.
EFTA00127251
1
MR.
: So, if a person is
2
transported down to Receiving and Discharge,
3
with the status WAB next to their name --
4
MS.
: Mm-hmm.
5
MR.
: -- what does that mean is
6
happening?
7
MS.
: That means that the inmate is
8
leaving, and he's not coming back.
9
MR.
: So, it does mean that
10
they are actually - that that is known as that
11
inmate is not coming back to the MCC?
12
MS.
: Correct.
13
MR.
: And what is --
14
MS.
: Mm-hmm.
15
MR.
: -- what is the document
16
that would say WAB on it?
17
MS.
: Normally, there is a court
18
roster that lets the unit officer know that the
19
inmate is leaving. So, you would know who to
20
send down to R&D. And typically, it has an
21
approximate time. And/or, sometimes R&D may
22
then call up to the specific location, or the
23
housing unit, to say, send inmate so and so
24
down with all belongings.
25
MR.
: Okay. So, but there is
EFTA00127252
1
a, it sounds like a court list, or a
2
production, an inmate production list that is
3
created by R&D?
4
MS.
: That is correct.
5
MR.
: And that is what would
6
say -? That is how -? What staff members
7
would utilize in order to produce the inmates
8
to R&D?
9
MS.
: That is - yeah - that is my
10
understanding.
11
MR.
: And what happens with
12
that document?
Like, so, the staff members
13
utilize it, then where does the document go?
14
Is it saved somewhere, like BOPWARE, or
15
TruScope, or is it something that they print
16
out, and then they destroy, or do they keep it?
17
MS.
: Well, I know that R&D
18
definitely should have a copy of the court
19
roster. They should. Now, as far as what the
20
housing unit would do with it, I would believe
21
that they probably would shred it because it
22
serves no purpose to that specific housing
23
unit. But R&D would maintain copies of the
24
court roster.
25
MR.
: Now, if R&D is saying
EFTA00127253
50
1
that they actually don't keep a copy, it's like
2
a template that they revise every day, based
3
upon what inmates need to be produced. So,
4
they actually don't have any records from past,
5
you know, production lists. Does that sound
6
accurate to you?
7
MS.
: Hmm. From my understanding, I
8
would think that a copy would be maintained.
9
And that there would also possibly be a
10
logbook. Because I - again - at the time, I'm,
11
you know, an associate warden, but, and I never
12
specifically worked in Receiving and Discharge.
13
But from my understanding of being in Receiving
14
and Discharge, and from our early, my early
15
years of being a correctional officer, I am
16
aware of, like, if a receipt is being
17
maintained, because someone keys in inmates in,
18
and keys inmates out in Sentry. And there, at
19
times, control even annotates things in their
20
daily, their daily log.
21
MR.
: Yeah.
22
MS.
: So, of, like, of movement.
23
Depending on the control room officer, that
24
officer may even take the time to list the
25
names, to actually write out names and register
EFTA00127254
1
numbers. Or they just might write out the
2
numerical value of how many inmates departed
3
for court, versus how many departed, like, with
4
all belongings. Because that means that the
5
inmate is not returning, and he would
6
definitely have to be taken off your base
7
count, in order to get an accurate count.
8
MR.
: Okay. So, and I know
9
we're not in person, so I'm going to have to
10
just explain to you what I'm looking at. i
11
have two emails that were sent to the MCC. One
12
was to - both from the U.S. Marshals Service -
13
one was to just Receiving and Discharge
14
personnel, and another one was sent, it looks
15
like to, like to a large amount of custody
16
personnel, including lieutenants, it looks like
17
Tijuana
, who I believe was the SIS
18
lieutenant. It looks like
, who was an AW, is on there. As well as
20
a number of other people. Quite a large number
21
of people. I do not see your name on here.
22
But it does say the subject, "Prisoner
23
Production 8/9/2019," the date is Thursday,
24
August 8th, 2019, at 3:36 p.m.
25
MS.
: Mm-hmm.
EFTA00127255
1
MR.
: Now, within the
2
attachments, it shows NYM 8/9/2019. Do you
3
know what that would stand for?
4
MS.
: You said NYM 8/9?
5
MR.
: Yeah. So, N-Y-M.
6
MS.
: Mm-hmm.
7
MR.
: Yeah. And then, when you
8
open it up, it just says - it's the U.S.
9
Marshals report - and it says, "Prisoners
10
Schedule Report." It says --
11
MS.
: Mm-hmm.
12
MR.
: -- MCC New York.
13
MS.
: Mm-hmm.
14
MR.
: Do you know if that would
15
be who was being produced to the U.S. Marshals
16
the following day?
17
MS.
: Yeah. That is what it is.
18
It's a court list.
19
MR.
: Okay.
20
MS.
: Yeah. Basically, it's a court
21
list.
22
MR.
: Okay. So, when I open
23
this up, on the first page there, it starts
24
with two inmates. The second inmate down, it
25
says, "Reyes, Efrain." Or Efrain. E-F-R-A-I-
EFTA00127256
1
N.
2
MS.
Mm-hmm.
3
MR.
: It shows a date of birth.
4
A time. A time. The time says 8:53, and then,
5
it says, 8/9/2019. Underneath production
6
reason, it says, "TF," and the description
7
says, "Transfer within." And then --
8
MS.
: Mm-hmm.
9
MR.
: -- it says, "MCC New
10
York." And then, it does say, next to that,
11
typed court. Now, under that, it says, "Judge.
12
MCC TOT GEO." Do you know what that would
13
stand for?
14
MS.
: No. I'm not. Hmm-mm.
15
MR.
: So, the MCC to GEO. You
16
wouldn't understand that that --
17
MS.
: Oh.
18
MR. -:
-- meant -?
19
MS.
: Oh. GEO. MCC to GEO. That
20
means that
GEO is a private prison.
21
MR.
: Correct.
22
MS.
: So, I would think that GEO,
23
that's, like - yeah - that's a mnemonic for a
24
private prison.
25
MR.
: Okay. And then, when it
EFTA00127257
1
says, "Destination description," it says,
2
"WAB/MED summary." Does that tell you
3
anything?
4
MS.
: Yeah. Well, WAB. WAB means
5
With All Belongings. Now, /MED summary means
6
medical summary. So, when I'm first hearing
7
you say WAB, that lets me know that the person
8
is leaving. That means with all belongings.
9
So, typically, when someone is scheduled for
10
transfer, you have the time to pack them out,
11
and so, they would come down, you know, prior
12
to the date. But with WAB, that means that the
13
person is leaving that day, and then they
14
should come down with all of their belongings.
15
Everything that they have because for whatever
16
reason, they're not coming back, they're going
17
somewhere else.
18
MR.
: Right. So --
19
MS.
: And then -.
20
MR.
: -- so, it looks like --
21
MS.
: Mm-hmm.
22
MR.
: -- these first two
23
people, the first two people both say,
24
"Transfer within." Both of them say MCC to
25
GEO. And then --
EFTA00127258
1
MS.
: Mm-hmm.
2
MR.
: -- they both say WAB,
3
with the destination in the description. Now,
4
the other inmates that are listed on here, they
5
have various things --
6
MS.
: Mm-hmm.
7
MR.
: -- from the reason being
8
status hearing, to sentencing, to a change of
9
plea, to all things that look like they are
10
court related, but would you believe that these
11
first two, since it would say, "Transfer Within
12
MCC to GEO," and WAB, that means that they are
13
actually being transferred and not going to
14
court?
15
MS.
: Yeah. I would - if I had an
16
opportunity to see that - I would understand
17
that that means that, exactly what you said,
18
that they are transferring.
19
MR.
: Okay.
20
MS.
: Somewhere other than -.
21
MR.
: So, being that the MCC
22
was sent, actually, the one that was sent to
23
Receiving and Discharge was much earlier in the
24
day. But the one that was sent to the custody
25
was on August 8th, 2019 at 3:36 p.m. What
EFTA00127259
56
1
should have been known from that information?
2
MS.
: That those inmates listed for
3
departing and were not coming back.
4
MR.
: Okay.
5
MS.
: Yeah.
6
MR.
: So then, it was known by
7
the MCC, at least, or at least should have been
8
known by the MCC, that on August 8th, 2019,
9
that Reyes, who happens to be Epstein's
10
cellmate, was actually transferring from the
11
MCC to another institution. And specifically,
12
to GEO.
13
MS.
: That part is accurate. The
14
only thing that is not included in that is, if
15
it was sent to R&D, and R&D may not have known
16
that Reyes was Epstein's cellmate. So, it may
17
not have alerted them that Reyes was
18
(Indiscernible *00:52:03) for them to then have
19
to discuss, to say, oh, he's not, you know, it
20
wouldn't have rang alarms for whomever that R&D
21
staff member was.
22
MR.
: Right. And that's why
23
focused on the email to custody, because all of
24
custody, including all the lieutenants --
25
MS.
: Yeah.
EFTA00127260
57
1
MR.
: -- as well as Shirley, or
2
AW
, and Captain
3
were actually sent --
4
MS.
: Yeah. That --
5
MR.
: -- that email.
6
MS.
okay. Then that is - yeah
7
that is different. That is different.
8
MR.
: So, the fact that custody
9
received it, is there someone that should have
10
been alerted to the fact, or reviewed that
11
document, to know, huh, we got these two
12
inmates, one of them is Epstein's cellmate.
13
You know, we now know that Reyes is leaving
14
from the institution. Is there someone that
15
should have been responsible for catching that?
16
MS.
: The one thing I will say is
17
that, unless you are actually looking at the
18
court production list, to vet it, a person may
19
have just seen that as another court production
20
list. If it wasn't actually read, to see, you
21
know, for - to determine, okay, this inmate is
22
leaving, and who is he associated with?
23
MR.
: Absolutely.
24
MS.
: So --
25
MR.
: And that's kind of - and
EFTA00127261
1
I apologize if I
2
MS.
: -- no.
3
MR.
:
I apologize if I
4
wasn't clear. What I'm saying is --
5
MS.
: Mm-hmm.
6
MR.
: -- should someone have
7
reviewed it? Is there someone that should have
8
- being that it was sent to all these people in
9
custody - is there someone that really should
10
have looked at it --
11
MS.
: Mm-hmm.
12
MR.
: -- as opposed to could
13
have looked at it?
14
MS.
: Yeah. No. That's not
15
necessarily the responsibility of custody to
16
view -. There is -. I will say this. There
17
is no procedures in place, or their
18
responsibility that exists, that would say that
19
custody had to review a court production list.
20
Typically, they don't -. They may have
21
received a list as a courtesy. But okay. It's
22
a courtesy. It wasn't necessarily something
23
that they may or may not have to have some, you
24
know, to do something with the list. It's not
25
EFTA00127262
1
MR.
: Okay.
2
MS.
: -- it's just a courtesy. It's
3
nothing more than that.
4
MR.
: Okay. Now, I have an
5
email here, it's from you to
6
Do you know who that is?
7
MS.
. Yes. He was
8
the former warden.
9
MR.
: Okay. Great. And the
10
subject, it says, "Epstein, Jeffrey Edward,"
11
and then it gives his reg number. It was sent
12
Saturday, August 10th, 2019, at 4:35 p.m., and
13
in the body of the message, it says, "So far,
14
this is the documentation I have in my
15
possession." And it's signed your name,
16
Associate Warden, MCC New York."
17
So, do you recall if you were tasked with
18
obtaining documentation on Warden
19
behalf?
20
MS.
: He didn't specifically task me
21
with anything. I just know that, when
22
something happens, that part of your
23
responsibility as an AW is to try to gather
24
documents. Now, I didn't have a specific
25
responsibility of securing the scenes. If
EFTA00127263
60
1
that's correctional services, and that is what
2
they do. But I, certain things, I just
3
inherently, or instinctively, knew that I
4
should try to assist with. But I wasn't given,
5
you know, the instruction that Warden
6
did, relayed to me was to report to the
7
institution because of, you know, the death.
8
And from that, I already knew, or in my head,
9
on the way there was planning of what I wanted
10
- one of the things that I needed to do to
11
assist with the matter.
12
MR.
: Okay. So, you
13
independently took this task on, to collect all
14
these documents?
15
MS.
: I did.
16
MR.
: Okay.
17
MS.
: I must admit I did.
18
MR.
: Okay. Great. So, I have
19
the document opened that you provided to him.
20
It's an attachment to your email saying what it
21
was that you collected.
22
MS.
: Mm-hmm.
23
MR.
: It starts with,
24
"Documentation re: Epstein, Jeffrey --
25
MS.
: Mm-hmm.
EFTA00127264
1
MR.
: -- Jeffrey Edward,
2
Deceased." And then, it talks about Sentry
3
reports. Like, the PPE-44, or PPE-37, and all
4
the way down to a PR-15. And then, it talks
5
about BOPWARE, label, administrative detention
6
order. And then, a few down, which is directly
7
in the middle of the first page, or slightly
8
below the middle, it shows, "Court
9
documentation regarding WAB." And this is
10
under --
11
MS.
: Okay.
12
MS.
: -- under the heading,
13
"Documentation --
14
MS.
: Okay.
15
MR.
: -- re: Efrain, Reyes.
16
Reg number 85993-054." And then, it says,
17
"Cellmate." It says, "Court documentation
18
regarding WAB, 8/9/19." Do you know what court
19
documentation is you were referring to?
20
MS.
: Well, it had to be the court
21
list, then. Is it the same thing that -? Are
22
you able to open the attachment?
23
MR.
: That is the attachment.
24
So, it doesn't -. You didn't include in that
25
email the electronic versions of this. You
EFTA00127265
1
said, this is what I have collected.
2
MS.
: Oh.
3
MR.
: And within it, it says --
4
MS.
: Okay.
5
MR.
: -- "Court documentation
6
regarding WAB, 8/9/19," and specific to Efrain
7
Reyes. So, I am just wondering, what
8
MS.
: Okay.
9
MR.
: -- what document were you
10
referring to?
11
MS.
: What document? It had to -.
12
Hmm. I don't know. Unless I'm able to
13
actually look at my email. But if you are
14
saying WAB, that means I had to have seen
15
something --
16
MR.
:
If you are actually
17
MS.
: -- that says that -.
18
MR.
if you are in front of
19
your email, you can find this. Just go to your
20
sent emails.
21
MS.
: Yeah. I have to go - hold on.
22
That's what I'm doing - but I have to go in my
23
archives.
24
MR.
: Right.
25
MS.
:
You know?
EFTA00127266
1
MR.
: Okay. So, yeah.
2
MS.
: But when I open --
3
MR.
: This might help refresh
4
your memory, so we can actually, you can
5
actually look at what it is that I am talking
6
about.
7
MS.
: Okay.
8
MR.
: So --
9
MS.
: Yeah.
10
MR.
: -- again, it would be, it
11
will probably take a little while --
12
MS.
: Okay.
13
MR.
: -- because it was a long
14
time ago.
15
MS.
: Yeah.
16
MR.
: But August 10th, 2019 --
17
MS.
: Mm-hmm.
18
MR.
: -- and again, the email
19
was sent at exactly 4:35 p.m.
20
MS.
: Okay. Give me one second,
21
because like I said, I have to go in the
22
archives.
23
MR.
: Sure.
24
MS.
: Okay. Okay. To
25
MR.
: And did you happen to get
EFTA00127267
1
to that email yet?
2
MS.
: No. Hmm-mm.
3
MR.
: Okay.
4
MS.
: But the way that this -. Okay.
5
Hold on. Just wait. I got this. Okay. You
6
said -. Hmm. Not -. I'm doing an advanced
7
search. And because it's the archives, it's a
8
little slow. It's not -. It's not on my
9
present Google Drive.
10
MR.
: Yeah. No. I understand.
11
Same thing when I look for my own emails. If
12
it's, like, more than six months to a year old
13
14
MS.
: No.
15
MR.
: =- it takes a while.
16
MS.
: Okay. Now - okay - I'm in old
17
stuff now. Okay. You said 8/9, 8/10/19.
Oh.
18
MR.
: 11.
19
MS.
: Okay. I'm in nine. That's why
20
I had to do with it. Okay. Okay. Okay. I
21
see. I see the Word attachment that is there.
22
Okay.
23
MR.
: Okay. You did find the
24
email?
25
MS.
: I - yes - I was able to find
EFTA00127268
1
the email.
2
MR.
: Great.
3
MS.
: Mm-hmm.
4
MR.
: So then, yeah. So, you
5
see where the Word attachment. Do you see,
6
again, middle of the page, where it says,
7
"Documentation, Re: Reyes, Efrain."
8
MS.
: Yeah.
9
MR.
: And that - yeah - that
10
first document is the one I was wondering
11
about. This court documentation regarding WAB,
12
8/9/19.
13
MS.
: Mm-hmm.
14
MR.
: And I'm just trying to
15
refresh, see if you can remember what document
16
you would have --
17
MS.
: What --
18
MR.
: -- been talking about.
19
MS.
: -- what I could do is, hold on,
20
because I'm trying to -. I'm trying to over
21
document that I have. Okay. So, what -. Let
22
me first forward this to my present email, so I
23
won't lose it. And then, I'm going to go,
24
because I had a folder of documents that I did
25
maintain because of that, I kept receiving,
EFTA00127269
66
1
like, inquiries after as to what documents I
2
had. And so, let me see what I -. See if I
3
have anything that shows that. Okay. Hold on.
4
I'm going to have go out
Okay. So, I have
5
-. Okay. One thing I had, that I have a title
6
for Efrain was just, like, was his
7
(Indiscernible *01:04:43) and Sentry
8
information. Special Housing review. Okay.
9
That's not showing me the court date. R&D.
10
Okay. Hold on one second. Let me see which
11
drop file. No. The drop file. (Indiscernible
12
*01:05:16). Let me see. Man, I don't -.
13
That, as an attachment. I don't have that as
14
an attachment. I do -. I am able to look at
15
other things. But a court list. I don't have
16
that as a court list. I don't have the court
17
list.
18
MR.
: Now, you're talking about
19
electronically, or are you referring to --
20
MS.
: Mm-hmm.
21
MR.
: -- okay.
22
MS.
: Yeah. Because I saw - there
23
were things that I saved. That's how I was
24
able to send them, you know, to other
25
individuals. Meaning, in the agency. When
EFTA00127270
67
1
there was a request. But that, I don't see,
2
for whatever reason. I don't see that file. I
3
mean, I don't see that.
4
MR.
: Now, it sounds like this
5
specifically was, they were documents that you
6
obtained physically.
7
MS.
: Mm-hmm.
8
MR.
: Do you know, do you still
9
have any of those documents? When you say you
10
kept the file --
11
MS.
: No.
12
MR.
: -- are they hard copy --
13
MS.
: No.
14
MR.
: -- files?
15
MS.
: No. It's not a hard copy file.
16
Any hard copy files, they were turned over.
17
Items that I have were turned over. And then,
18
there was some things that were still in my
19
possession. I have the emails where it shows
20
who it is that I turned them over. It was
21
myself and Lieutenant
that was actually
22
working together. She was assigned to SIS.
23
Working together to gather the documents. And
24
then, there was some documents that were turned
25
over to the FBI. And that could, in fact, have
EFTA00127271
68
1
been one of the documents that was turned over
2
to the FBI. There should be a list of what was
3
turned over to them.
4
MR.
: Okay. And do you know if
5
it was the FBI versus the OIG?
6
MS.
: No.
7
MR.
: You don't know who it
8
was?
9
MS.
: I don't know because I - like I
10
said - any documents that Lieutenant
11
would have turned over, it should have been
12
There should be something, some kind of
13
document indicating what was turned over to
14
them.
15
MR.
: And do you know -. So,
16
there should be some kind of a receipt with the
17
documents --
18
MS.
: There should be.
19
MR.
: -- that were provided?
20
MS.
: Yeah. Mm-hmm.
21
MR.
: And that would be
22
something that Lieutenant
would have?
23
MS.
: If she, in fact, turned those
24
documents over, she worked in SIS.
25
MR.
: Okay. So, it wouldn't -.
EFTA00127272
1
You didn't turn it over to the FBI. She --
2
MS.
: No. Yeah. I didn't have any
3
contact with the FBI agents directly. At all.
4
MR.
: Okay. And then, as far
5
as - what is your understanding of what it
6
means, though, when it says, "Court
7
documentation regarding WAB." Do you know what
8
court --
9
MS.
: That was --
10
MR.
: -- documentation you
11
would be referring to?
12
MS.
that was (Indiscernible
13
*01:08:04). I don't know specifically, but
14
obviously, it would have to have been something
15
that said for, in order for me to write WAB,
16
without being able to look at it right now, it
17
obviously had to be something that said WAB on
18
it, and listed that inmate's name. Other than
19
that, I would not have wrote that.
20
MR.
: And do you think that
21
that would have been that Receiving and
22
Discharge document that the SHU staff would
23
have utilized when they transported Reyes to
24
R&D?
25
MS.
: It wouldn't have been his -
EFTA00127273
70
1
that document from SHU. Because I didn't even,
2
I didn't go to SHU that day. So --
3
MR.
: Sorry. But --
4
MS.
(Indiscernible *01:08:42).
5
MR.
: -- the court production
6
list that, I'm just saying that, because my
7
understanding is, R&D, you know, prints out all
8
the same court production lists, and they
9
provide it to the different housing units, and
10
to the ops lieutenant, and to, you know, the
11
different various people that need to be in the
12
know with who is being produced. So, that is
13
all --
14
MS.
: Mm-hmm.
15
MR.
: -- all I'm saying, is,
16
like --
17
MS.
: Uh-huh.
18
MR.
: -- would it be the --
19
MS.
: A copy of it. You're saying a
20
copy. It could have -. It had to be a copy of
21
something. But I don't know if it was, if it
22
was the court production list, or some kind of
23
Sentry roster. That, because you could print a
24
Sentry roster also, that shows, like you said,
25
everybody, you know, movement. So, it had to
EFTA00127274
71
1
be a copy of something listing information as
2
to who was going out of the institution on that
3
particular day.
4
MR.
: Okay.
5
MS.
: That is the only thing I could
6
have - that I could surmise why I would have
7
wrote WAB.
8
MR.
: Okay. Can I ask you just
9
to see if, you know, after the interview, if
10
you can, if you can track that down by any
11
means? Or if you may -. I don't know if you
12
can coordinate with Lieutenant - can ask
13
Lieutenant
, as well - but if you could
14
just see if you, in fact, did make a copy, or
15
you know what you did with this document, or
16
figure out what that document was. And I don't
17
know how you would do that. So, I don't, you
18
know --
19
MS.
: Yeah.
20
MR.
: -- you might not be able
21
to, but just, if you could just check.
22
MS.
: Mm-hmm.
That means all of
23
them, the documents that I listed, those things
24
were turned over. But okay. I will even look
25
at all of my emails I saved. Well, what I -
EFTA00127275
1
whom I turned things over to, or what I've
2
turned, what I turned over.
3
MR.
: That would be great.
4
Specifically, we would be very interested in
5
that court documentation regarding, you know,
6
Reyes.
7
MS.
: Mm-hmm.
8
MR.
: And is it surprising to
9
you now, though, since again, like, you thought
10
that he was at court, and then released on, you
11
know, released from there, but now that you see
12
that you actually wrote, "Court documentation
13
regarding WAS," is that surprising?
14
MS.
: Well, I won't say it's -. I
15
won't use the word "surprising." But it would
16
jog my memory to say, okay, you - like I Said -
17
if he left on WAB, I have something that says
18
WAB, that is what it was. WAB. But did I know
19
at the time, or was I in the know? No. This
20
is after the fact.
21
MR.
: Right, right, right. No.
22
I'm just saying the, you know, it seems like a
23
lot of people seemed to think that he was, you
24
know, sent to court and released, whereas, you
25
know, as we just discussed, he was actually
EFTA00127276
73
1
transferred. So, I was just wondering if that
2
surprised you to find out that, oh, wow, I
3
actually did know he was WAB after the, you
4
know, on --
5
MS.
: Yeah, well --
6
MR.
: -- August 10th.
7
MS.
: -- yeah, that part, because
8
that is, like you said, that has been, that has
9
been the discussion all along, that Reyes went
10
to court, and he was released from court. So,
11
I'm hoping that my information is accurate, but
12
typically, when you - because it's now, it
13
seems like, it conflicts, obviously, with what
14
everyone's recollection is - but typically,
15
when you see WAB, that means With All
16
Belongings, that the person is leaving, they
17
are transferring. Now, how the whole court got
18
into play, maybe, I don't know. And I don't
19
want to speculate, because it is just going to,
20
you know, further confuse everything.
21
MR.
: Okay. Yeah. No. I
22
think we've definitely cleared up the fact that
23
he was WAB, and he transferred, just upon the
24
emails that we, you know, I talked to you about
25
with the U.S. Marshals Service, as well as this
EFTA00127277
74
1
one.
But I was just, you know, for you being
2
that you are the one who gathered that
3
document, I'm just hoping that we can figure
4
out where that document went, because
5
MS.
: Sure.
6
MR.
: -- you know, it's really
7
the R&D document, and I'm hoping that that's
8
what it is, that we can track down, is whatever
9
they --
10
MS.
: Well --
11
MR.
: -- generated.
12
MS.
:
I want to clarify. It may
13
not be their specific document. If it's a
14
document that says WAB.
15
MR.
: Absolutely.
16
MS.
: It doesn't necessarily have to
17
be their, you know --
18
MR.
: No, no. Absolutely. I'm
19
just hoping that it is. And that we can track
20
it down --
21
MS.
: Okay.
22
MR.
: -- is what I'm saying.
23
Like, I don't know what it is, because again,
24
it's not --
25
MS.
: Yeah.
EFTA00127278
75
1
MR.
: -- specific. But yeah, I
2
was just hoping that you would be able to, you
3
know, provide some clarification on that
4
document.
5
MS.
: Yeah.
6
MR.
: Now, just to back up a
7
little bit. Now, what was your responsibility,
8
like, the AWs are kind of split. Right?
9
There's two AWs, and one is in charge of one
10
thing, and another is in charge of another.
11
What - when you were at the MCC - what were you
12
in charge of on August 9th and 10th?
13
MS.
: What? I was in - I had
14
oversight of correctional services.
15
MR.
: Okay. So, you actually
16
did have oversight over this incident?
17
MS.
: Mm-hmm.
18
MR.
: And is that --
19
MS.
: Well --
20
MR.
: -- is that why you would
21
have --
22
MS.
:
I think what --
23
MR.
: -- gathered all those
24
documents?
25
MS.
: -- not specifically only
EFTA00127279
76
1
because of that. But because I just know there
2
is an incident that happened, because I've been
3
an exec staff, and there is certain things that
4
you should gather. But it wasn't because I was
5
the AW of correctional services. Now, as an
6
AW, or someone in exec staff, you should just
7
know kind of what to gather anyway.
8
MR.
: Okay.
9
MS.
: What information to gather.
10
MR.
: Okay. Great. And on
11
that note, would that have been something that
12
you would have gathered, specifically the R&D
13
court production list?
14
MS.
: No. Hmm-mm.
15
MR.
: No?
16
MS.
: No. Mm-hmm.
17
MR.
: But it's just something
18
that had -. Something that was court
19
production for Reyes with WAB, you just don't
20
know what it was.
21
MS.
: I gathered all of the
22
information that I knew logically was
23
associated with Epstein.
24
MR.
: Okay.
25
MS.
: That was, it's just logical
EFTA00127280
77
1
connections, if you wanted - if you know you
2
have an incident, and you know something
3
happened, in the Special Housing, and there is
4
only two inmates that are in the cell, you know
5
you are not only going to focus on, quote
6
unquote, "The victim." You have to then also
7
turn your attention to who was in the cell at
8
the time. So, to me, anything that I gathered,
9
as far as Sentry information for Epstein, or
10
his Special Housing Unit record, I gathered the
11
same for his cellmate because that's just a
12
logical thing to do.
13
MR.
: Sure. And that is what
14
I'm asking for my question. Being that you
15
logically gathered these documents, and you can
16
see that you wrote the document, I'm asking,
17
like, can you recall what would be - what would
18
have been the logical document that you would
19
have gathered, that would have showed that he
20
was --
21
MS.
: Oh, I understand what you mean.
22
MR.
:
WAB?
23
MS.
: Mm-hmm. I don't, I don't know
24
if I would have gone in R&D to see, or if I ran
25
- or if it was a Sentry roster, like, a log, a
EFTA00127281
78
1
2
3
4
PP-37 log that showed something. But I don't
thinking about it now - I honestly, I can't say
that, because I do have other R&D documents,
but I don't know if that was that R&D court
5
roster.
6
MR.
: If you don't mind, and if
7
it's not too much trouble, can you just send me
8
an email with the documents that you do have,
9
and then I can go through them to figure out
10
what it is we have and don't have, and what we
11
need, and don't need?
12
MS.
: Sure.
13
MR.
: With regards to this
14
incident.
15
MS.
: Okay.
16
MR.
: You can just, like, and
17
not right now. After, after we're done.
18
MS.
: Okay. Not right now.
19
MR.
: Yeah, yeah.
20
MS.
: Okay.
21
MR.
: No, no, not right now.
22
MS.
: Okay. Mm-hmm.
23
MR.
: All right. So --
24
MS.
: And I will also look at other
25
emails that I sent out, because it's been, like
EFTA00127282
79
1
I said, it's been, it's been several requests
2
to show what I had and what I didn't have. So,
3
any other emails, I will be more than happy to
4
share with you.
5
MR.
: Yeah. If you can just,
6
if that's possible, just to forward me those
7
emails that you have provided --
8
MS.
: Mm-hmm.
9
MR.
: -- that had documents
10
with regarding, with regard to the matter.
11
MS.
: Mm-hmm.
12
MR.
: That would be great. So,
13
being that you were the AW in charge of
14
custody, you would probably be perfect to
15
answer some of these questions. So, since
16
Epstein was required to have a cellmate, what
17
should have happened once the notification wa -
18
made that Reyes was being transferred?
19
MS.
: He should have received another
20
cellmate.
21
MR.
: And obviously, we
22
probably did just cover this, and just because
23
we got sidetracked, and you said that SHU
24
staff, once they found out that Reyes was
25
transferred, they should have notified,
EFTA00127283
80
1
Lieutenant
wasn't there, so they should
2
have notified either the activities lieutenant,
3
or the operations lieutenant. Is that what you
4
said?
5
MS.
: I'm saying that someone of a
6
supervisory nature, yeah, should have been
7
notified.
8
MR.
: But who was it that
9
should have notified them? Would it be the OIC
10
of the SHU? Would it be the person that
11
transferred Reyes to R&D? You know it, when I
12
say transferred, I mean escorted him to R&D.
13
Should it have been R&D themselves? Who should
14
have made the notification to the lieutenant?
15
MS.
: And without me spinning the
16
tale, and pointing a finger, because lack of,
17
it didn't, it all depends. For instance, if
18
the SHU staff knew that Reyes - and that's why
19
it's just kind of, I don't know, a question
20
mark - if the SHU staff knew that Reyes was not
21
coming back, then that would mean that they
22
would know that he wasn't, he was not going to
23
have a cellmate. So, without knowing what
24
everybody knew, I
25
MR.
: Okay. So, I'll --
EFTA00127284
81
1
MS.
: -- (Indiscernible *01:17:59)
2
MR.
-- fill you in on that.
3
MS.
: Right.
4
MR.
:
So --
5
MS.
: Yeah.
6
MR.
.
Do you know
7
who Roberto
is?
8
MS.
:
Yes.
9
MR.
:
So, he was the SHU OIC at
10
the time. He's the one who escorted Epstein to
11
attorney conference that morning. And --
12
MS.
: Mm-hmm.
13
MR.
: -- at the same time, they
14
were jointly escorted with, I believe it was
15
Monge, but one of the, one of the SHU, one of
16
the internal staff who provided, produced Reyes
17
to R&D. They both did the --
18
MS.
:
Mm-hmm.
19
MR.
: -- they both escorted
20
their inmates together. And during their
21
conversation, it was discussed that Reyes was,
22
in fact, WAB, and --
23
MS.
: Okay.
24
MR.
: -- would be getting a new
25
cellmate.
EFTA00127285
1
MS.
: Mm-hmm.
2
MR.
: So, knowing that
3
was present, and there was an internal employee
4
that was present, and they both had this
5
discussion, and both said that they --
6
MS.
: Mm-hmm.
7
MR.
: -- knew that he was WAB,
8
does that clue you in a little bit more of what
9
10
MS.
: Yeah.
11
MR.
: -- actions should have
12
taken at that time?
13
MS.
: Yes. Either one of them should
14
Now, either one of them. So, you said
15
was
was the OIC?
16
MR. -:
was the OIC. He
17
was the one that was --
18
MS.
: Okay.
19
MR.
: -- bringing Epstein, and
20
the conversation was had with both Epstein and
21
Reyes, saying, Reyes, we know you're leaving,
22
you're WAB. Epstein, you'll get a new cellmate
23
by the end of the day.
24
MS.
: Now, as the OIC,
25
should have then contacted the lieutenant.
EFTA00127286
83
1
MR.
: Okay. So, being the AW
2
in charge of custody, do you believe that
3
MS.
: Mm-hmm.
4
MR.
: -- it was really
5
that should have made that notification?
6
MS.
: Because as the OIC, that means
7
that you are, if you look at the post orders,
8
you are basically have oversight of SHU, for
9
lack of a better term. You should make sure
10
that the rounds are being conducted. If
11
inmates needs to be pulled out for whatever
12
reason. That the appropriate inmates are going
13
in their appropriate cages, so that, you know,
14
separate tees are adhered to. That inmates are
15
being fed. That sanitation is being conducted.
16
And if, and because you are now telling me
17
that this individual, whomever the individual
18
is, is saying that they were aware that Epstein
19
needed a cellmate, and that his cellmate was
20
leaving, they knew, so when you know something,
21
then you should, either you're going to - if
22
you didn't want to make the determination to
23
make another decision about who the cellmate
24
would be, then you need to contact your
25
supervisor.
EFTA00127287
84
1
If you, yourself, can't make a decision,
2
you contact your supervisor who is authorized
3
to make that decision. But you must make the
4
contact in order for your supervisor to know.
5
And as an OIC, you are aware of who you can
6
contact.
7
MR.
: Yeah.
8
MS.
: That's plainly known that you
9
can contact the lieutenant when something is
10
going on, especially for something that, it's
11
not, it's the Special Housing Unit, that you
12
must be able to get a decision maker.
13
MR.
: Okay. So, he should have
14
notified a lieutenant, is basically the long
15
and short of it?
16
MS.
: Yes. Yes. The long and short
17
of it, he should have notified a lieutenant.
18
MR.
: Okay. And are you aware
19
if - we are going to just touch on counts and
20
rounds that were conducted in the SHU - are you
21
aware if the SHU counts and rounds were not
22
conducted by the SHU staff on August 9th and
23
10th of 2019?
24
MS.
: I was aware after the fact that
25
the staff members indicated that they did not
EFTA00127288
1
make rounds.
2
MR.
: And what did you become
3
aware of? Can you just give me a little bit
4
more clarity on that?
5
MS.
: Well, I became aware of it just
6
like everybody else, you know, that the staff
7
members are saying that they didn't make
8
rounds. But was I aware of it on the day? No.
9
MR.
: No, no, no. I'm sorry --
10
MS.
(Indiscernible *01:21:57).
11
MR.
: -- so, what I mean is,
12
like, what did you became aware of? What staff
13
members, and what did you learn?
14
MS.
: Oh. Oh, oh. Okay. The two
15
staff members that were assigned on the morning
16
watch shift, that they have said that they did
17
not make rounds.
18
MR.
: And is that
and
19
20
MS.
: Yes. Those were the two staff
21
members that worked that shift.
22
MR.
: And do you remember who
23
you learned that information from?
24
MS.
: No. Hmm-mm.
25
MR.
: Okay. Did either
EFTA00127289
86
1
or
say that that, you know, tell you that
2
information directly?
3
MS.
: No. I didn't
I haven't
4
even, from the day of the incident, I have not
5
laid eyes on either one of them.
6
MR.
: Okay.
7
MS.
: Besides on TV. So, I have not
8
spoken to either one of them. Well, no, and
9
I'm not going to say I haven't spoken to either
10
one of them. I did call to make welfare checks
11
on staff members, to see if they were okay, and
12
that was weeks after, because they haven't been
13
at work, and that's what we were told to do, to
14
call the staff members, just to say, you know,
15
if you're okay. Because they physically were
16
not in the institution. But as far as
17
discussing the incident, and what they did and
18
did not do, I did not engage in that.
19
MR.
: Okay. And did you learn
20
anything, you know, during your time on this,
21
did you learn anything about the accuracy of
22
the MCC SHU counts and rounds on August 9th and
23
10th of 2019?
24
MS.
: You said did I run anything as
25
far as the -.
EFTA00127290
87
1
MR.
: Did you learn if they
2
were accurate or not? Like, the counts that
3
they conducted, and the rounds they conducted.
4
Did you find out through your, you know, what
5
you were doing, did you learn if they were
6
accurate counts and accurate rounds?
7
MS.
: The date, the date, you're
8
saying the date of when I was gathering the
9
information, or the documentation?
10
MR.
: Or at any point. Did you
11
ever find out if the counts were either
12
accurate or not? And the rounds were accurate
13
or not.
14
MS.
: Not specifically about the
15
counts and the rounds, but just like, like I
16
said, and like everybody else, of what has come
17
out, that they said that they did not do
18
counts. I mean, do rounds.
19
MR.
: But had you heard
20
anything about, like, the counts being wrong?
21
Like, they're actually reporting the wrong
22
numbers, or anything like that?
23
MS.
: In the SHU. I'm trying to
24
remember. I know that there was, there was
25
discussion about whether or not the count was
EFTA00127291
88
1
done because, and I can't remember exactly what
2
happened to make that come up, but I know there
3
- we couldn't find certain count slips. And I
4
think somebody, and I can't remember if it was
5
Epstein, or Reyes, or somebody was not keyed
6
out. One of the inmates was not keyed out, and
7
if that, and my memory is serving me properly,
8
and the count should have been affected by --
9
MR.
: Right. And did --
10
MS.
: -- you know, inaccurate Sentry.
11
Inaccurate Sentry information.
12
MR.
: -- okay. So, you are
13
aware of that then. Yeah. So, do you know,
14
it's, I think the inmate's name was Fernandes.
15
Does that ring a bell? Someone that
16
MS.
: I --
17
MR.
: -- was found to have
18
been, passed contraband, and then, they were
19
removed from the SHU and placed in R&D holding
20
cell, but they were not actually keyed out of
21
the SHU?
22
MS.
: No. I don't - hmm-mm - I don't
23
remember that specific. Hmm-mm.
24
MR.
: Okay. But you remember
25
someone wasn't keyed out, which messed up the
EFTA00127292
1
counts?
2
MS.
: If you, it was something to
3
that effect. That there was somebody not keyed
4
out. I don't know if it was about SHU or about
5
the institution itself. But I know that there
6
was something about, there was some Sentry
7
inaccuracies that should have affected the
8
count.
9
MR.
: Okay. And do you know if
10
that was documented anywhere, or you, you know,
11
provided information to anyone on that, that
12
you might be able to retrieve, to help, you
13
know, help us?
14
MS.
: I'm going to try.
15
MR.
: You know, you don't have
16
to do it now.
17
MS.
: Yeah.
18
MR.
: But this is another one
19
of those --
20
MS.
: Okay.
21
MR.
: -- things that if --
22
MS.
: All right.
23
MR.
: -- you can put that to
24
your --
25
MS.
: Let me do Fernandes.
EFTA00127293
1
MR.
: -- yeah.
2
MS.
: Okay.
3
MR.
:
Yeah. So --
4
MS.
: Yeah.
5
MR.
: -- if you can --
6
MS.
: Mm-hmm.
7
MR.
: -- those two things.
8
One, whatever documents --
9
MS.
: What's his -?
10
MR.
: -- (Indiscernible
11
*01:25:53).
12
MS.
: What is Fernandes's register
13
number?
14
MR.
:
Let me pull that up.
15
That wasn't something I was going to touch on
16
with you, but since you brought it up, that's
17
the only reason I did. Let's see. All right.
18
And this one, I just have inmate Fernandes.
19
Let me -. Hold on. All right. So, it's
20
Leonardo. L-E-O-N-A-R-D-O.
21
MS.
: Mm-hmm.
22
MR.
:
Fernandes. F-E-R-N-A-N-
23
D-E-S.
24
MS.
: Mm-hmm.
25
MR.
: Register number-
EFTA00127294
1
2
MS.
: Okay. And you said he was -.
3
MR.
: And there is, you
4
actually have an -. Actually, what I pulled up
5
was an email from
to both you
6
and
So, and it talks
7
MS.
: And it said, it talks about
8
that?
9
MR.
: No. It talks about the
10
incident, where it just talks about, the date
11
was Friday, August 9th, 2019, at 3:52 p.m., and
12
it just says, "On August 9th, 2019, at
13
approximately 1:37 p.m., while conducting
14
routine duties, the 9 South visiting officer
15
observed a female visitor produce an unknown
16
object from her waistband and hand it to inmate
17
Fernandez." And then, it just talks about, you
18
know, a little bit more of it. But this is the
19
individual --
20
MS.
: Okay.
21
MR.
: -- that was not keyed out
22
of the SHU. And he was placed in R&D --
23
MS.
: Okay.
24
MR.
: -- the R&D holding cell,
25
which caused the count numbers to be
EFTA00127295
92
1
inaccurately reported. Because the SHU staff
2
was still adding him on their count slips.
3
MS.
: Yeah. Mm-hmm. Okay. Okay.
4
MR.
: And does that --
5
MS.
: Okay.
6
MR.
: -- does that --
7
MS.
: Okay.
8
MR.
: -- does that refresh your
9
memory at all?
10
MS.
: Hmm-mm. But you're saying, so,
11
but
email doesn't talk about that. It
12
just talks about --
13
MR.
: No, no, no.
14
MS.
: -- (Indiscernible *01:28:02).
15
MR.
: It just talks about the
16
incident.
17
MS.
: Okay.
18
MR.
: It doesn't --
19
MS.
: Okay.
20
MR.
: -- it doesn't talk about
21
the fact that it -. That's something that our
22
investigation has revealed.
23
MS.
: Oh, okay.
24
MR.
: Because we had to figure
25
out why are, you know, are the counts accurate
EFTA00127296
1
or not, how do we find out if they --
2
MS.
: Mm-hmm.
3
MR.
: -- actually conducted the
4
counts, or didn't conduct the counts.
5
MS.
: Okay.
6
MR.
: So, when we went through
7
everything, we found that there was some
8
discrepancies based upon what was on the
9
lieutenant's log versus what was on
10
institutional count, which was on the, you
11
know, count slips. There are different things.
12
And then, you know, looking through the
13
lieutenants log, we see that, on August 10th,
14
during the night, at around 12:30 a.m., it has
15
a note in there, saying that they keyed
16
Fernandez out of the SHU, or out of the SHU,
17
and into wherever, R&D. And that's how we were
18
able to figure out, okay, these count slips are
19
actually all off.
20
MS.
: Oh.
21
MR.
: They are saying that they
22
were counting this many bodies, whereas, in
23
fact, there was one less because he wasn't
24
there.
25
MS.
: Okay. Yeah. That doesn't jog,
EFTA00127297
94
1
that doesn't jog my memory for that, though.
2
MR.
: Okay.
3
MS.
: Yeah.
4
MR.
: This is kind of the first
5
you're hearing of that, then?
6
MS.
: Yeah. I don't, I don't -. If
7
for whatever reason, this is, I don't recall
8
anything about that.
9
MR.
: There was something you
10
recalled about the counts being off, but it
11
wasn't that?
12
MS.
: Yeah. But it wasn't that.
13
Hmm-mm.
14
MR.
: But you did know that
15
someone wasn't keyed out?
16
MS.
: I, perhaps out of the
17
institution, and again, if something came up
18
about the count, but I don't recall there being
19
- and because it's --
20
MR.
: Well, I think --
21
MS.
: -- (Indiscernible *01:29:35)
22
MR.
: -- well, there was a
23
question that - and maybe this is something
24
that the warden asked you - but Ray Ormond, who
25
I'm assuming you know - correct? - the regional
EFTA00127298
1
director at the time.
2
MS.
: Yeah. Mm-hmm.
3
MR.
: He sent an email to
4
Warden
, on the, I believe the 10th,
5
asking, "Why are the counts off? Why does one
6
say 72, and one say 73?" Maybe.
7
MS.
: For Special Housing?
8
MR.
: For Special Housing.
9
Correct. So, maybe --
10
MS.
: Mm-hmm.
11
MR.
: -- that's where they
12
asked you. Do you recall?
13
MS.
: And you said, when did, that
14
happened on the day of 8/10?
15
MS.
: Yeah. That would have been
16
Ray, Mr. Ormond asking
on 8/10 because
17
18
MS.
: Mm-hmm.
19
MR.
: -- he was provided all
20
the count documentation, and asking him --
21
MS.
: Mm-hmm.
22
MR.
: -- why are these counts -
23
? Why did the count - oh, no. He said, "Why
24
did the count change?" That's what it was.
25
MS.
: Okay.
EFTA00127299
96
1
MR.
: He was, like, from the
2
10:00 p.m.
3
MS.
: That's probably --
4
MR.
: -- count to midnight, it
5
changed from 73 down to 72, and our
6
investigation has revealed it's because this
7
person was never keyed out of the SHU --
8
MS.
: Mm-hmm.
9
MR.
: -- until --
10
MS.
: That is maybe that is what
11
prompted it, but like I said, I knew something
12
happened with the count, and from that, I -
13
myself and Lieutenant
were trying to
14
gather the count slips, and it should be a 30-
15
day file maintained in control, and we were not
16
able to find the count slips. So, I didn't
17
know it. Well, now that you're telling me, I
18
didn't know it was because of that. And there
19
is some things that I was in the know about,
20
that I - or I wasn't - but I knew it had
21
something to do, like, is that with the counts,
22
and we were told to get some of the count
23
slips.
24
MR.
: Okay. But just, you
25
don't have anything to add to that. This is
EFTA00127300
1
all kind of --
2
MS.
: Mm-hmm.
3
MR.
: -- more new information
4
for you?
5
MS.
:
Yes. Mm-hmm.
6
MR.
: Okay. We can move on,
7
then.
8
MS.
: Okay.
9
MR.
:
What is a lieutenant - or
10
sorry - a SHU lieutenant round? So, sorry.
11
So, when a lieutenant conducts a round in the
12
SHU, what should that consist of?
13
MS.
: So, when you're the SHU
14
lieutenant, you --
15
MR.
: And I don't mean
16
specifically the SHU lieutenant. I said that
17
wrong.
18
MS.
: Okay.
19
MR.
: In the first.
20
MS.
: Okay.
21
MR.
: Just when a lieutenant,
22
whether it's an activities, a SHU lieutenant --
23
MS.
: Okay.
24
MR.
: -- an activities
25
lieutenant, an operation lieutenant. When
EFTA00127301
1
lieutenant goes to the SHU and conducts a
2
round, what should they be doing when they
3
conduct a round?
4
MS.
: They should be walking around
5
and talking to the inmates.
6
MR.
: So, is there, is the SHU
7
Is a lieutenant round the same thing as a
8
staff round, where you are supposed to go up
9
and actually check on the inmates?
10
MS.
: Hmm. I'm not going to say it's
11
the exact same thing because the staff in SHU,
12
they actually have to record that they have
13
done rounds. And by them recording that, they
14
are indicating that they recorded timely
15
rounds, and that they actually are able to say
16
with certainty that they looked, you know, that
17
they verified that all the inmates are there,
18
and that they are alive. Versus a lieutenant,
19
what your responsibility is, you are just
20
making, you are generally making sure that you
21
go around and ensure that everything is okay.
22
But are you specifically and stopping at every
23
single cell? I wouldn't say necessarily that
24
that is exactly, but it mimics the same
25
requirement as the staff.
EFTA00127302
1
MR.
: Okay. So, if Reyes is
2
gone at 8:30, approximately 8:30 a.m. on August
3
9th --
4
MS.
: Mm-hmm.
5
MR.
: -- and there is
6
obviously, I think there is supposed to be at
7
least, what? One lieutenant round conducted in
8
the SHU per shift?
9
MS.
: Mm-hmm.
10
MR.
: Is that --
11
MS.
: Mm-hmm.
12
MR.
: -- is that correct?
13
MS.
: Mm-hmm.
14
MR.
: So, if there is an
15
activity, you know, the SHU lieutenant is out,
16
so there is an activities or an ops lieutenant
17
conducting a round, both the day shift and the
18
night shift, and then, the operations
19
lieutenant conducting one in the morning shift.
20
Should any of those lieutenants realized, when
21
they were doing their rounds, that Epstein, you
22
know, Reyes was gone, and/or Epstein was by
23
himself?
24
MS.
: Yeah. If - now, that's a -. I
25
would say yes. I would say yes.
EFTA00127303
100
1
MR.
: And how should have they
2
known that? What should have the -. What
3
should have clued them in on the fact that
4
Reyes is gone, and Epstein is by himself? Or
5
if Epstein is in attorney conference, there is
6
just no one in the cell in general.
7
MS.
: Well --
8
MR.
: Since they have names on
9
the door tags, like you said.
10
MS.
: -- that's what I was going to -
11
yeah - that's what I was going to say. But the
12
names on the -. The names on the door tag.
13
When someone leaves, you should remove the door
14
tags, so then, in fact, there should have only
15
just been one tag on the door. You wouldn't
16
have, you wouldn't have two tags on the door if
17
there is only supposed to be one person in
18
there. So, the tag should have been removed.
19
And -.
20
MR.
: Do you know if the tag
21
was removed for Reyes?
22
MS.
: That, I don't know if Reyes'
23
tag was removed, because I didn't go in the
24
Special Housing Unit. So, I don't know