1 00:00:00,120 --> 00:00:04,160 Speaker 1: One and welcome back to the program. In this episode, 2 00:00:04,160 --> 00:00:07,440 we're going to continue taking a look at the OIG 3 00:00:07,719 --> 00:00:13,480 report into the circumstances surrounding the death of Jeffrey Epstein. 4 00:00:14,960 --> 00:00:20,199 Section A. Mcc new York staff failed to ensure that 5 00:00:20,280 --> 00:00:24,079 Epstein had a cell mate on August ninth, as instructed 6 00:00:24,120 --> 00:00:29,280 by the Psychology Department on July thirtieth. On July thirtieth, 7 00:00:29,399 --> 00:00:34,200 twenty nineteen, the mcc new York Psychology Department sent an 8 00:00:34,240 --> 00:00:38,799 email to over seventy BOP staff members stating that Epstein 9 00:00:39,200 --> 00:00:42,200 needs to be housed with an appropriate cell mate. The 10 00:00:42,200 --> 00:00:47,000 psychology departments directive that Epstein have an appropriate cell mate 11 00:00:47,280 --> 00:00:50,840 arose out of the events that occurred on July twenty third, 12 00:00:51,280 --> 00:00:55,039 twenty nineteen, when Epstein was found lying on the floor 13 00:00:55,039 --> 00:00:58,000 of his cell with a piece of orange cloth around 14 00:00:58,039 --> 00:01:02,840 his neck. Epstein. At the time, Inmate one told mcc 15 00:01:03,039 --> 00:01:05,959 new York staff that Epstein had tried to hang himself 16 00:01:06,200 --> 00:01:09,640 and another inmate housed on the same shoe tier at 17 00:01:09,640 --> 00:01:14,439 the same time, Inmate two, corroborated several aspects of inmate 18 00:01:14,480 --> 00:01:19,840 one's account. Epstein's account of what had occurred varied. Epstein 19 00:01:19,920 --> 00:01:23,560 initially told mcc new York staff that he thought his 20 00:01:23,680 --> 00:01:28,159 cellmate had tried to kill him, but thereafter he repeatedly 21 00:01:28,200 --> 00:01:32,280 said he did not know what had occurred. Epstein later 22 00:01:32,359 --> 00:01:35,640 asked two different mcc new York staff members if he 23 00:01:35,680 --> 00:01:38,879 could be housed with the same cell mate Epstein initially 24 00:01:38,879 --> 00:01:42,560 accused of having tried to harm him. As a result 25 00:01:42,599 --> 00:01:46,120 of this incident, Epstein was placed on suicide watch and 26 00:01:46,159 --> 00:01:51,799 then psychological observation consistent with the psychology departments directive. The 27 00:01:51,879 --> 00:01:55,480 Captain and the Shoe Lieutenant each told the OIG that 28 00:01:55,519 --> 00:02:00,799 they verbally informed Shoe staff of Epstein's cellmate requirement. These 29 00:02:00,840 --> 00:02:05,400 and other witnesses said staff members regularly assigned to the 30 00:02:05,439 --> 00:02:09,520 Shoe knew that Epstein needed to have a cell mate. However, 31 00:02:09,680 --> 00:02:15,039 despite the Psychology departments widely disseminated July thirtieth email instruction 32 00:02:15,520 --> 00:02:19,360 and the subsequent verbal direction provided by the Captain and 33 00:02:19,439 --> 00:02:22,759 the Shoe Lieutenant, Epstein was left without a cell mate. 34 00:02:22,879 --> 00:02:26,120 On August ninth, less than twenty four hours later, Epstein 35 00:02:26,439 --> 00:02:33,319 died by suicide. One. Failure to make required notifications regarding 36 00:02:33,360 --> 00:02:37,960 the need to assign Epstein a cell mate, the OIG's 37 00:02:38,000 --> 00:02:42,919 investigation and review revealed that on August ninth, twenty nineteen, 38 00:02:43,520 --> 00:02:47,120 mcc new York staff assigned to the Shoe failed to 39 00:02:47,159 --> 00:02:50,759 notify their superiors that Epstein's cell mate in May three 40 00:02:51,159 --> 00:02:54,800 had been transferred out of mcc new York and therefore 41 00:02:54,840 --> 00:02:58,560 Epstein needed to be assigned a new cell mate. The 42 00:02:58,599 --> 00:03:02,719 failure to make these require notifications and the supervisor's failure 43 00:03:02,960 --> 00:03:07,879 to properly supervise the Shoe staff discussed further below, resulted 44 00:03:07,919 --> 00:03:11,400 in Epstein being housed without a cellmate at the time 45 00:03:11,439 --> 00:03:15,560 of his death, which was contrary to the Psychology Departments 46 00:03:15,599 --> 00:03:20,800 directive issued just ten days earlier. BOP standards of conduct 47 00:03:21,159 --> 00:03:25,360 require that employees obey the orders of their superiors at 48 00:03:25,400 --> 00:03:30,360 all times. Mcc new York post orders for the Shoe require, 49 00:03:30,599 --> 00:03:34,240 among other things, that all Shoe officers maintain a log 50 00:03:34,520 --> 00:03:40,319 of pertinent information regarding inmate activity, detailing time, persons involved, 51 00:03:40,520 --> 00:03:46,000 if pertinent, and the event which must be logged into truscope. Importantly, 52 00:03:46,520 --> 00:03:50,039 the Shoe post orders clarify that they are not intended 53 00:03:50,199 --> 00:03:54,599 to describe in detail all of the officer's responsibilities. Good 54 00:03:54,639 --> 00:03:59,120 judgment and common sense are expected in all situations not 55 00:03:59,240 --> 00:04:03,680 covered in these post orders. On August ninth, the day 56 00:04:03,719 --> 00:04:07,560 Watch Shoe Officer in Charge, the Evening Watch Shoe Officer 57 00:04:07,599 --> 00:04:11,639 in Charge, and CO. Tobnoel were each assigned to the 58 00:04:11,759 --> 00:04:16,240 MCC New York Shoe as their permanent quarterly assigned post 59 00:04:16,639 --> 00:04:19,959 and served as the Shoe Officer in charge during their 60 00:04:19,959 --> 00:04:25,560 respective shifts. The OIG investigation found that of these employees 61 00:04:25,800 --> 00:04:28,879 knew that Epstein was required to have a cellmate at 62 00:04:28,879 --> 00:04:33,959 all times per the Psychology Departments directive. The OIG further 63 00:04:34,040 --> 00:04:37,879 found on August ninth, the day Watch Shoe Officer in Charge, 64 00:04:38,439 --> 00:04:42,079 the Evening Watch Shoe Officer in Charge, and Noel each 65 00:04:42,120 --> 00:04:46,240 became aware at various times during their respective shifts that 66 00:04:46,319 --> 00:04:50,040 Epstein's cellmate in May three had been transferred from the 67 00:04:50,120 --> 00:04:53,920 institution with all of his belongings, a status known to 68 00:04:54,000 --> 00:04:58,600 all MCC New York staff members is meaning the inmate 69 00:04:58,720 --> 00:05:03,439 was being permanently trans Txford out of the institution. Specifically, 70 00:05:03,680 --> 00:05:07,720 the OIG investigation found that on the morning of August ninth, 71 00:05:07,920 --> 00:05:11,560 the day Watch Shoe Officer in Charge NC one, who 72 00:05:11,600 --> 00:05:14,879 was also assigned to the Shoe Review the MCC New 73 00:05:14,959 --> 00:05:19,000 York Daily call Out List, a document that identifies all 74 00:05:19,040 --> 00:05:22,519 inmates who were leaving their house units each day, which 75 00:05:22,560 --> 00:05:26,399 listed in May three as being scheduled to depart mcc 76 00:05:26,639 --> 00:05:30,800 New York with all of his belongings. At approximately eight 77 00:05:30,879 --> 00:05:35,079 thirty am, CO one escorted Inmate three from the Shoe 78 00:05:35,160 --> 00:05:39,480 two receiving and discharge to be transferred out of the institution, 79 00:05:40,120 --> 00:05:43,240 and the day Watch Shoe Officer in Charge escort at 80 00:05:43,240 --> 00:05:46,959 Ebstein from the Shoe to the Attorney Conference Room for 81 00:05:47,079 --> 00:05:52,000 his daily meeting with his attorneys. During this escort, the 82 00:05:52,120 --> 00:05:55,959 day watch Shoe Officer in Charge and CO one discussed 83 00:05:55,959 --> 00:05:58,959 the need to assign Epstein with a new cellmate due 84 00:05:59,000 --> 00:06:02,480 to Inmate three's trans The day watch Shoe Officer in 85 00:06:02,560 --> 00:06:06,720 Charge told the OIG and stated in a memorandum that 86 00:06:06,800 --> 00:06:11,000 he prepared following Epstein's death, that he notified his relief 87 00:06:11,160 --> 00:06:14,240 the evening watch Shoe Officer in charge of the need 88 00:06:14,560 --> 00:06:17,959 to assign Epstein a new cellmate, and that he likely 89 00:06:18,399 --> 00:06:23,720 notified an unspecified lieutenant. However, the OIG did not credit 90 00:06:24,240 --> 00:06:27,519 the day Watch Shoe Officer in charge his account because 91 00:06:27,560 --> 00:06:31,439 no other witnesses or evidence confirmed that he had in 92 00:06:31,480 --> 00:06:36,079 fact passed on information regarding Epstein's need for a new cellmate, 93 00:06:36,600 --> 00:06:40,600 either to a supervisor or to his relief. The OIG 94 00:06:40,800 --> 00:06:44,639 investigation also found that during the next shift in the 95 00:06:44,759 --> 00:06:48,800 mcc New York Shoe, both the evening watch Shoe officer 96 00:06:48,839 --> 00:06:52,399 in charge and Noel became aware that Epstein was without 97 00:06:52,439 --> 00:06:55,639 a cell mate. The evening watch Shoe officer in charge 98 00:06:55,680 --> 00:06:59,319 told the OIG that when he escorted Epstein back to 99 00:06:59,399 --> 00:07:03,160 his cell after Epstein's telephone call, he saw that in 100 00:07:03,240 --> 00:07:06,959 May three was not there, and then he, Noel, and 101 00:07:07,079 --> 00:07:10,680 the material handler discussed the need for Epstein to have 102 00:07:10,759 --> 00:07:14,279 a new cellmate. The evening watch Shoe officer in charge 103 00:07:14,560 --> 00:07:20,120 also told the OIG that he notified an unspecified supervisor. However, 104 00:07:20,279 --> 00:07:25,120 other witnesses did not corroborate his account. Noel told the 105 00:07:25,160 --> 00:07:29,120 OIG that she was unaware of both that Epstein needed 106 00:07:29,120 --> 00:07:31,639 to have a cell mate and that Inmate three had 107 00:07:31,680 --> 00:07:36,720 been removed from the institution. Noel told the OIG that 108 00:07:36,839 --> 00:07:40,720 she went to Ebstein's cell at approximately ten PM, a 109 00:07:40,759 --> 00:07:44,279 time of day when all inmates were secured in their cells, 110 00:07:44,759 --> 00:07:49,360 and may have plugged in Epstein's medical device forum. The 111 00:07:49,399 --> 00:07:52,720 OIG did not credit Noel's statements that she did not 112 00:07:53,000 --> 00:07:56,040 know that Epstein needed a cell mat or that in 113 00:07:56,120 --> 00:07:59,120 May three had been removed from the shoe based on 114 00:07:59,199 --> 00:08:04,160 contradictory witness statements, including her own regarding shoe STAPs, knowledge 115 00:08:04,279 --> 00:08:09,000 of Epstein's cellmate requirements, and Inmate three's transfer out of 116 00:08:09,040 --> 00:08:14,279 the shoe, The OIG investigation concluded that on August ninth, 117 00:08:14,319 --> 00:08:18,399 twenty nineteen, the day Watch Shoe Officer in charge, the 118 00:08:18,439 --> 00:08:21,680 Evening Watch Shoe officer in charge, and no well Feld 119 00:08:22,079 --> 00:08:27,160 to notify a supervisor as required after Epstein's cellmate was 120 00:08:27,199 --> 00:08:32,240 permanently removed from the MCC new York Shoe, which constituted 121 00:08:32,639 --> 00:08:38,039 in a violation of BOP standards of conduct. Additionally, they're 122 00:08:38,080 --> 00:08:42,720 in action violated mcc new York Shoe post orders because 123 00:08:42,720 --> 00:08:46,879 none of these individuals documented the fact that Epstein needed 124 00:08:46,879 --> 00:08:50,919 a new cell mate as required. Finally, all of these 125 00:08:50,960 --> 00:08:55,240 officers failed to exercise good judgment and common sense as 126 00:08:55,279 --> 00:08:59,600 required by the shoe post orders by not immediately undertaking 127 00:08:59,639 --> 00:09:02,559 steps through their chain of command to ensure that a 128 00:09:02,639 --> 00:09:06,440 high profile inmate who had been released from Suicide Watch 129 00:09:06,679 --> 00:09:12,159 and Psychological Observation ten days earlier had an appropriate cell mate. 130 00:09:12,200 --> 00:09:18,320 Section two failure to adequately supervise Shoe's staff. The OIG 131 00:09:18,559 --> 00:09:23,559 also found that mcc new York's supervisory personnel failed to 132 00:09:23,639 --> 00:09:27,679 effectively perform their duties, which contributed to the fact that 133 00:09:27,720 --> 00:09:30,679 Epstein was housed without a cellmate at the time of 134 00:09:30,720 --> 00:09:36,000 his death. Rather than passively relying on a notification from subordinates. 135 00:09:36,440 --> 00:09:41,840 Supervisory personnel also had an obligation under federal regulations to 136 00:09:41,879 --> 00:09:45,559 put forth honest effort in the performance of their duties, 137 00:09:45,759 --> 00:09:52,000 which included supervision of SHOE personnel. The OIG's investigation revealed 138 00:09:52,000 --> 00:09:55,559 that the Captain and the day Watch Operations Lieutenant, the 139 00:09:55,639 --> 00:10:00,399 day Watch Activities Lieutenant, the Evening Watch Operations Lieutenant, in 140 00:10:00,600 --> 00:10:05,840 the Morning's Watch Operations Lieutenant, among other mcc new York staff, 141 00:10:06,240 --> 00:10:10,879 received an email from the US Marshall Service USMS on 142 00:10:10,919 --> 00:10:15,759 August eighth, twenty nineteen, notifying them that inmate three was 143 00:10:15,799 --> 00:10:19,559 scheduled to be transferred to another facility the following day. 144 00:10:20,320 --> 00:10:23,919 If any of these supervisors had read the email attachment, 145 00:10:24,240 --> 00:10:27,159 they would have known of the need to assign Epstein 146 00:10:27,200 --> 00:10:31,320 a new cellmate. Instead, many of these individuals told the 147 00:10:31,360 --> 00:10:35,000 OIG that they believed that Inmate three had gone to 148 00:10:35,080 --> 00:10:38,320 court on August ninth, and they were unaware that he 149 00:10:38,360 --> 00:10:42,000 would not return and Epstein needed a new cell mate. 150 00:10:42,679 --> 00:10:45,720 The Shoe lieutenant shift on August eighth ended over in 151 00:10:45,759 --> 00:10:50,480 an hour before the USMS sent the email notification, and 152 00:10:50,559 --> 00:10:53,840 he was not working on August ninth. In his absence, 153 00:10:53,960 --> 00:10:57,919 the day Watch Operations Lieutenant, the day Watch Activities Lieutenant, 154 00:10:58,240 --> 00:11:02,559 the Evening Watch Operations Lieutenant, and the Morning Watch Operations 155 00:11:02,600 --> 00:11:07,360 Lieutenant had oversight of the Shoe during their respective shifts, 156 00:11:07,879 --> 00:11:11,399 and the Captain had oversight over all of the lieutenants. 157 00:11:12,159 --> 00:11:15,519 The OIG found that the failure of these individuals to 158 00:11:15,600 --> 00:11:19,759 adequately supervise Shoe staff and ensure that a high profile 159 00:11:19,799 --> 00:11:24,240 inmate who had recently been on suicide watch and psychological 160 00:11:24,279 --> 00:11:29,879 observation had an appropriate cellmate constituted a job performance failure 161 00:11:31,000 --> 00:11:34,720 Part three failure to have a contingency plan for the 162 00:11:34,799 --> 00:11:40,240 assigning of Epstein a cellmate. Additionally, the OIG found that 163 00:11:40,320 --> 00:11:43,799 the warden's failure to have a backup cell mate assignment 164 00:11:43,879 --> 00:11:49,440 for Epstein constituted poor judgment. The evening Watch Shoe Officer 165 00:11:49,480 --> 00:11:52,840 in charge told the OIG that although he knew that 166 00:11:52,879 --> 00:11:56,679 Epstein needed to be assigned another cell mate, SHOE staff 167 00:11:56,679 --> 00:11:59,960 coundnot just put anyone in the cell with Epstein the war, 168 00:12:00,120 --> 00:12:04,080 and confirmed this in his OIG interview when he explained 169 00:12:04,120 --> 00:12:09,279 that he and BP executive leadership selected inmate three as 170 00:12:09,320 --> 00:12:14,720 Epstein cellmate following the events of July twenty three, twenty nineteen. 171 00:12:14,879 --> 00:12:18,080 The Warden told the OIG that no inmates were pre 172 00:12:18,159 --> 00:12:22,360 vetted to serve as Epstein cellmate if Inmate three left 173 00:12:22,600 --> 00:12:27,080 mcc New York. The Northeast Regional Director, the Warden, and 174 00:12:27,159 --> 00:12:30,480 the Captain all told the OIG that if Inmate three 175 00:12:30,879 --> 00:12:34,159 had been removed as Epstein's cellmate, they would have had 176 00:12:34,200 --> 00:12:37,960 to review a new list of potential cellmate candidates to 177 00:12:38,200 --> 00:12:42,480 ensure that Epstein was housed with an appropriate inmate. This 178 00:12:42,600 --> 00:12:47,200 selection process, which involved the multiple steps undertaken by high 179 00:12:47,320 --> 00:12:51,080 level BOP management, would be difficult to accomplish in short 180 00:12:51,080 --> 00:12:55,120 periods of time and ultimately may have impeded Shoe Officer's 181 00:12:55,159 --> 00:13:00,480 ability to house Epstein with a cellmate on August ninth, nineteen. 182 00:13:01,480 --> 00:13:06,600 Section four lack of candor BOP policy requires that during 183 00:13:06,639 --> 00:13:10,759 the course of an official investigation employees are to cooperate 184 00:13:10,840 --> 00:13:15,000 fully by providing all pertinent information that they might have. 185 00:13:15,679 --> 00:13:21,279 Full cooperation requires truthfully responding to questions. As discussed above, 186 00:13:21,600 --> 00:13:24,600 The day watch Shoe Officer in charge and the Evening 187 00:13:24,639 --> 00:13:28,159 Watch Shoe Officer in charge told the OIG that they 188 00:13:28,279 --> 00:13:33,240 notified supervisory personnel regarding the need to assign Epstein a 189 00:13:33,279 --> 00:13:37,200 new cellmate. Based on a lack of corroborating evidence for 190 00:13:37,279 --> 00:13:41,360 these assertions, the OIG found that they lacked candor in 191 00:13:41,399 --> 00:13:47,919 their OIG interviews in violation of BOP policy. Similarly, the 192 00:13:47,960 --> 00:13:52,080 OIG found that Noel lacked candor in violation of BOP 193 00:13:52,279 --> 00:13:55,600 policy when she said she did not know that Epstein 194 00:13:55,919 --> 00:13:59,679 needed a cellmate or that his then cellmate in May 195 00:13:59,679 --> 00:14:04,039 three had been transferred out of SHU. The OIG also 196 00:14:04,159 --> 00:14:08,320 found that the Morning Watch Operations lieutenant lacked candor in 197 00:14:08,399 --> 00:14:12,480 her interview with the OIG and violation of BOP policy 198 00:14:12,960 --> 00:14:15,919 when she said she was not aware that Epstein was 199 00:14:16,000 --> 00:14:20,120 required to be housed with the cellmate. Her statement is 200 00:14:20,159 --> 00:14:22,799 contradicted by the fact that she was one of the 201 00:14:22,919 --> 00:14:26,960 mcc New York staff members who responded to the July 202 00:14:27,159 --> 00:14:32,120 twenty third, twenty nineteen incident involving Epstein, which resulted in 203 00:14:32,200 --> 00:14:37,159 him being placed on suicide watch and psychological observation. She 204 00:14:37,440 --> 00:14:42,120 was a recipient of the psychology departments July thirtieth, twenty 205 00:14:42,240 --> 00:14:47,120 nineteen email identifying the cellmate requirement and the statements of 206 00:14:47,200 --> 00:14:52,159 multiple witnesses who told the OIG that Epstein's cellmate requirement 207 00:14:52,519 --> 00:14:58,600 was widely disseminated verbally by mcc new York leadership. All right, folks, 208 00:14:58,639 --> 00:15:00,679 we're gonna end this one here, and then in the 209 00:15:00,720 --> 00:15:03,200 next episode we're going to be taking a look at 210 00:15:03,399 --> 00:15:08,039 Part B. Mcc new York staff failed to conduct mandatory 211 00:15:08,159 --> 00:15:12,840 rounds and inmate counts, resulting in Epstein being unobserved for 212 00:15:12,919 --> 00:15:17,039 hours before his death. All of the information that goes 213 00:15:17,080 --> 00:15:22,080 with the episode can be found in the description box. Well, well, welcome, 214 00:15:22,960 --> 00:15:26,679 what's up everyone, and welcome back to the Epstein Chronicles. 215 00:15:27,360 --> 00:15:29,679 In this episode, we're going to pick back up with 216 00:15:29,840 --> 00:15:32,919 the OIG report, and to do that, we're going to 217 00:15:32,960 --> 00:15:37,559 look at Part B of chapter seven. So let's dive 218 00:15:37,799 --> 00:15:43,039 right back. In Part B, mcc new York staff failed 219 00:15:43,080 --> 00:15:47,240 to conduct mandatory rounds and inmate counts, resulting in Epstein 220 00:15:47,360 --> 00:15:52,799 being unobserved for hours before his death. The OIG's investigation 221 00:15:53,240 --> 00:15:57,159 and review revealed that on August ninth and tenth, twenty nineteen, 222 00:15:57,679 --> 00:16:01,559 mcc new York Shoe staff didn't not conduct the mandatory 223 00:16:01,639 --> 00:16:05,840 rounds and inmate counts during their shift in the shoe. 224 00:16:05,919 --> 00:16:09,759 The failure to undertake these required measures to account for 225 00:16:09,879 --> 00:16:14,279 inmate whereabouts and well being, and the supervisor's failure to 226 00:16:14,399 --> 00:16:19,039 properly supervise the shoe staff as discussed further below, resulted 227 00:16:19,080 --> 00:16:23,679 in Epstein being unobserved for hours before his death, which 228 00:16:23,720 --> 00:16:27,519 compounded the failure of mcc new York staff to ensure 229 00:16:27,519 --> 00:16:33,720 that Epstein had an appropriate cellmate one failure to conduct 230 00:16:33,840 --> 00:16:38,960 rounds and inmate counts in the shoe. Federal regulations require 231 00:16:39,039 --> 00:16:42,879 that employees use official time in an honest effort to 232 00:16:42,960 --> 00:16:48,639 perform official duties. Additionally, BOP standards of conduct required that 233 00:16:48,679 --> 00:16:53,120 employees conduct themselves in a manner that foster's respect for 234 00:16:53,200 --> 00:16:56,600 the Bureau of Prisons, the Department of Justice, and the 235 00:16:56,720 --> 00:17:01,720 US government, because in attention to duty intercorrectional environment can 236 00:17:01,840 --> 00:17:06,920 result in escapes, assaults, and other incidents. BOP standards of 237 00:17:06,960 --> 00:17:11,559 conduct also require employees to remain fully alert and attentive 238 00:17:11,920 --> 00:17:18,559 during duty hours. BOP policy also requires continuous inmate accountability, 239 00:17:18,880 --> 00:17:23,759 which is accomplished through rounds and inmate counts. Among other things, 240 00:17:24,160 --> 00:17:27,440 Rounds and inmate counts enable staff to observe inmates and 241 00:17:27,640 --> 00:17:31,039 ensure that they are safe and secure in their cells 242 00:17:31,240 --> 00:17:35,799 and are in good health. BOP policy and mcc new 243 00:17:35,839 --> 00:17:39,279 York Shoe post orders set out the requirements for these 244 00:17:39,319 --> 00:17:44,920 inmate accountability measures, specifying that correctional staff must conduct rounds 245 00:17:44,960 --> 00:17:48,480 on an irregular schedule at least twice each hour, no 246 00:17:48,559 --> 00:17:53,240 more than forty minutes apart. BOP policy and mcc new 247 00:17:53,279 --> 00:17:56,960 York Shoe post orders further specify that at least two 248 00:17:57,039 --> 00:18:00,680 mcc New York Shoe staff members must get conduct inmate 249 00:18:00,759 --> 00:18:05,000 counts at twelve am, three am, five am, four pm, 250 00:18:05,079 --> 00:18:08,599 and ten pm daily, and also at ten am on 251 00:18:08,680 --> 00:18:14,559 weekends and federal holidays. The OIG's investigation and review revealed 252 00:18:14,559 --> 00:18:18,200 that an inmate in May four was internally transferred from 253 00:18:18,240 --> 00:18:22,519 the Shoe to receiving in discharge at approximately three fifteen 254 00:18:22,599 --> 00:18:27,720 pm on August ninth, twenty nineteen. However, this inmate transfer 255 00:18:28,039 --> 00:18:32,279 was not documented until approximately twelve thirty five am on 256 00:18:32,359 --> 00:18:37,200 August tenth, twenty nineteen. Based on this internal transfer, BOP 257 00:18:37,440 --> 00:18:41,920 records and witness statements, the OIG determined that the four 258 00:18:41,960 --> 00:18:45,640 PM and ten PM shoe inmate counts on August ninth 259 00:18:45,960 --> 00:18:51,119 were aerinis. In addition, the OIG reviewed the available shoe 260 00:18:51,160 --> 00:18:54,839 security camera video, which did not show CEOs walking up 261 00:18:54,960 --> 00:18:58,720 or down the stairs leading to the various shoe tiers 262 00:18:59,079 --> 00:19:02,920 during the count time, a process that is necessary to 263 00:19:02,960 --> 00:19:07,519 conduct an accurate count of inmates. During their OIG interviews, 264 00:19:07,720 --> 00:19:11,039 the evening Watt shoe officer in charge, the material handler 265 00:19:11,279 --> 00:19:16,240 co Toven Noel, and material handler Michael Thomas each admitted 266 00:19:16,519 --> 00:19:19,720 that they did not conduct all of the mandatory rounds 267 00:19:20,000 --> 00:19:23,599 and inmate counts in the shoe on the evening of 268 00:19:23,640 --> 00:19:27,240 August ninth, and in the morning of August tenth. Noel 269 00:19:27,359 --> 00:19:30,599 told the OIG that she conducted the ten PM count 270 00:19:30,799 --> 00:19:34,680 on August ninth. The OIG did not credit her statement 271 00:19:34,799 --> 00:19:38,279 based on one its review of the shoe security camera video, 272 00:19:38,599 --> 00:19:42,000 which reflects Noel walking up and down the stairs leading 273 00:19:42,000 --> 00:19:45,359 to some but not all of the tears. Several minutes 274 00:19:45,359 --> 00:19:48,079 after the shoe inmate count, had been called into the 275 00:19:48,079 --> 00:19:53,160 control center. Two the ten pm councilate, which erroneousley included 276 00:19:53,319 --> 00:19:56,160 the Shoe inmate four who had been internally transferred to 277 00:19:56,200 --> 00:20:01,880 receiving and delivery, three other Bopie records, and four the 278 00:20:01,960 --> 00:20:06,200 material Handler's statements to the OIG that no one conducted 279 00:20:06,200 --> 00:20:10,319 the ten pm count because everyone was tired, instead of 280 00:20:10,359 --> 00:20:14,240 performing the required duties to account for inmate whereabouts and 281 00:20:14,319 --> 00:20:17,680 well being. The OIG found that officers assigned to the 282 00:20:17,720 --> 00:20:21,119 Shoe on August ninth and tenth, including the material handler, 283 00:20:21,240 --> 00:20:26,079 Noel and Thomas, primarily remained seated in the shoe officer's station, 284 00:20:26,759 --> 00:20:30,640 sometimes without moving for a period of time, suggesting that 285 00:20:30,680 --> 00:20:34,200 they were asleep, and conducted a variety of Internet searches 286 00:20:34,440 --> 00:20:38,400 on mcc New York computers. Thomas also admitted to the 287 00:20:38,440 --> 00:20:41,720 OIG that he dozed off for periods of time during 288 00:20:41,759 --> 00:20:46,279 his shift. The OIG's analysis of the Shoe security camera 289 00:20:46,359 --> 00:20:51,079 video revealed that after approximately ten forty pm, no coeo 290 00:20:51,359 --> 00:20:55,119 entered Epstein's tier in the Shoe until just before six 291 00:20:55,200 --> 00:20:58,799 thirty am, when Noel and Thomas began to serve breakfast 292 00:20:59,000 --> 00:21:04,240 to the inmates. The OIG Investigation and Review concluded that 293 00:21:04,279 --> 00:21:07,599 the Evening watch Shoe Officer in charge, the material Handler 294 00:21:07,640 --> 00:21:11,640 Noel and Thomas failed to conduct the mandatory rounds and 295 00:21:11,720 --> 00:21:15,920 inmate counts during their respective shifts in the mcc New 296 00:21:16,000 --> 00:21:20,519 York Shoe on August ninth and tenth, twenty nineteen, and 297 00:21:20,559 --> 00:21:26,440 that their actions constituted violations of five CFR Section two 298 00:21:26,519 --> 00:21:30,000 six three five dot one zero one B five and 299 00:21:30,400 --> 00:21:34,359 two six three five dot seven zero five A, BOP 300 00:21:34,519 --> 00:21:38,519 Program Statements thirty four to twenty dot eleven and fifty 301 00:21:38,559 --> 00:21:42,160 five hundred dot fourteen, and mcc New York Shoe post 302 00:21:42,279 --> 00:21:47,519 Orders Section two, false statements and lack of candor. The 303 00:21:47,559 --> 00:21:51,640 OIG's investigation and review found that on August ninth and tenth, 304 00:21:51,720 --> 00:21:55,640 twenty nineteen, the Evening watch Shoe Officer in charge, the 305 00:21:55,680 --> 00:22:00,079 material Handler Noel and Thomas made false statements when they 306 00:22:00,119 --> 00:22:04,359 falsified BOP records by attesting that they had completed the 307 00:22:04,400 --> 00:22:07,759 mandatory rounds and inmate counts when in fact they had not. 308 00:22:08,720 --> 00:22:12,759 Federal law provides that whoever in any matter within the 309 00:22:12,839 --> 00:22:16,279 jurisdiction of the Executive Branch of the Government of the 310 00:22:16,359 --> 00:22:21,279 United States, knowingly and willfully makes or uses any false 311 00:22:21,279 --> 00:22:27,200 writing or document, knowing the same to contain any materially false, fictitious, 312 00:22:27,640 --> 00:22:32,920 or fraudilent statement or entry has violated eighteen US Code 313 00:22:33,400 --> 00:22:37,640 one zero zero, one A and three. As discussed above, 314 00:22:38,000 --> 00:22:41,440 the OIG found that the Evening Watch Shoe officer in 315 00:22:41,559 --> 00:22:45,799 charge the material handler Noel and Thomas, failed to conduct 316 00:22:45,920 --> 00:22:49,960 all of the mandatory rounds and inmate counts as part 317 00:22:50,000 --> 00:22:54,759 of each institutional inmate count BOP policy and mcc new 318 00:22:54,799 --> 00:22:58,599 York Shoe post orders required two CEOs to conduct each 319 00:22:58,680 --> 00:23:02,440 count and memorial the number of inmates in the shoe 320 00:23:02,920 --> 00:23:06,640 on an official mcc New York forum often called the 321 00:23:06,759 --> 00:23:10,480 count slip. On the count slip, both CEOs are required 322 00:23:10,480 --> 00:23:13,039 to fill in the date and time the count had 323 00:23:13,039 --> 00:23:16,880 been performed, write the total number of inmates physically present 324 00:23:17,200 --> 00:23:20,200 in the unit counted, and then sign the count slip. 325 00:23:20,839 --> 00:23:24,000 Once the CEOs complete and sign the count slips, the 326 00:23:24,039 --> 00:23:27,359 count slips are then collected and delivered to the mcc 327 00:23:27,559 --> 00:23:31,200 New York Control Center. Officers assigned to the control Center 328 00:23:31,440 --> 00:23:35,319 are responsible for comparing the count slips from each housing 329 00:23:35,400 --> 00:23:40,079 unit to the institution's overall inmate count. Cheet to ensure 330 00:23:40,200 --> 00:23:44,000 that each inmate was accounted for. Now, Yeah, after all 331 00:23:44,000 --> 00:23:47,200 the count slips have been collected from each housing unit 332 00:23:47,480 --> 00:23:49,920 and the numbers on the count slips had been matched 333 00:23:49,920 --> 00:23:54,079 to the institution's overall count sheet, could the institutional count 334 00:23:54,160 --> 00:23:58,799 be deemed cleared or completed? The evening watch shoe officer 335 00:23:58,839 --> 00:24:02,319 in charge the material reel handler, Noel and Thomas each 336 00:24:02,400 --> 00:24:05,799 prepared and or signed a false count slip to create 337 00:24:05,839 --> 00:24:10,599 the impression that they had fulfilled their inmate accountability responsibilities, 338 00:24:10,799 --> 00:24:14,960 when in fact they had not. These individuals admitted to 339 00:24:15,000 --> 00:24:19,240 the OIG that instead of performing their assigned duties, they 340 00:24:19,319 --> 00:24:22,039 pre filled the count slips with a number of inmates 341 00:24:22,079 --> 00:24:25,240 they believed were in the shoe based on what officers 342 00:24:25,440 --> 00:24:28,119 from the previous shift had told them, and signed off 343 00:24:28,160 --> 00:24:31,519 on the documents knowing that they were falsely attested to 344 00:24:31,920 --> 00:24:36,359 having completed the counts. Additionally, Noel admitted to the OIG 345 00:24:36,920 --> 00:24:40,359 that she had pre filled the official mcc New York 346 00:24:40,440 --> 00:24:44,480 forms documenting the times of the thirty minute rounds, often 347 00:24:44,519 --> 00:24:48,039 referred to as round sheets, and falsely attested to having 348 00:24:48,079 --> 00:24:52,400 completed the rounds. Noel and Thomas were indicted by a 349 00:24:52,440 --> 00:24:56,240 grand jury for their false certification of having conducted rounds 350 00:24:56,599 --> 00:25:01,799 and counts. Subsequently, each entered into a deferred prosecution agreement 351 00:25:01,920 --> 00:25:05,039 with the US Attorney's Office for the Southern District of 352 00:25:05,160 --> 00:25:08,720 New York. The US Attorney's Office of the Southern District 353 00:25:08,720 --> 00:25:12,240 of New York declined prosecution for the Evening watch Shoe 354 00:25:12,240 --> 00:25:17,079 Officer in charge and the material Handler. The OIG investigation 355 00:25:17,440 --> 00:25:20,079 has found that the Evening watch Shoe Officer in Charge, 356 00:25:20,240 --> 00:25:25,079 the material Handler, Noel, and Thomas knowingly and willingly falsified 357 00:25:25,319 --> 00:25:29,960 BOP records in violation of federal law by attesting that 358 00:25:30,039 --> 00:25:33,599 they had completed the mandatory rounds and inmate counts on 359 00:25:33,640 --> 00:25:37,160 the evening of August ninth, twenty nineteen and the morning 360 00:25:37,359 --> 00:25:42,559 of August tenth, twenty nineteen. Additionally, as noted above, BOP 361 00:25:42,759 --> 00:25:47,799 policy requires employees to cooperate fully with an official investigation 362 00:25:48,160 --> 00:25:52,440 and truthfully respond to questions. The OIG found that Noel 363 00:25:52,839 --> 00:25:55,720 lacked candor when she told the OIG that she had 364 00:25:55,759 --> 00:25:59,119 conducted the ten PM count when the weight of evidence 365 00:25:59,119 --> 00:26:02,799 indicates that at most she may have conducted around at 366 00:26:02,799 --> 00:26:08,279 that time. Section three poor judgment regarding the use of 367 00:26:08,359 --> 00:26:13,880 overtime The OIG's investigation and review revealed that on August ninth, 368 00:26:13,920 --> 00:26:19,119 twenty nineteen, mcc New York supervisory staff requested that a 369 00:26:19,160 --> 00:26:22,519 staff member fill in an overtime position within the Shoe, 370 00:26:22,799 --> 00:26:26,200 which resulted in that staff member working three shifts back 371 00:26:26,240 --> 00:26:30,240 to back, that is, twenty four hours straight. The collective 372 00:26:30,279 --> 00:26:36,160 Bargaining Agreement between BOP and unions representing BOP employees provides 373 00:26:36,240 --> 00:26:39,960 that ordinarily, the minimum time off between shifts will be 374 00:26:40,079 --> 00:26:44,039 seven and one half hours and the minimum elapse time 375 00:26:44,559 --> 00:26:48,920 of on days off will be fifty six hours, except 376 00:26:48,920 --> 00:26:53,319 when the employee requests the change. The material handler told 377 00:26:53,359 --> 00:26:56,759 the OIG that on August ninth, he reported for a 378 00:26:56,880 --> 00:27:00,960 voluntary overtime shift from twelve am to eight am, and 379 00:27:01,000 --> 00:27:04,240 then worked as regular eight am to four pm shift 380 00:27:04,400 --> 00:27:07,480 in the warehouse. At some point during the day shift, 381 00:27:07,759 --> 00:27:11,799 the day watch Operations Lieutenant, a higher ranking official, called 382 00:27:11,839 --> 00:27:14,559 and asked the material handler if he could work over 383 00:27:14,640 --> 00:27:18,599 time in the shoe, and he agreed. The material handler 384 00:27:18,839 --> 00:27:21,640 told the OIG that he felt pressure to work the 385 00:27:21,680 --> 00:27:24,920 third shift, which resulted in him working twenty four hours 386 00:27:24,920 --> 00:27:28,519 straight from twelve am on August ninth through twelve am 387 00:27:28,720 --> 00:27:33,440 on August tenth. As discussed previously, the material handler admitted 388 00:27:33,440 --> 00:27:36,319 to the OIG that on the evening of August ninth, 389 00:27:36,680 --> 00:27:39,519 during his third shift, which he worked in the shoe, 390 00:27:39,640 --> 00:27:42,119 he did not conduct the mandatory in made counts in 391 00:27:42,240 --> 00:27:47,160 rounds because he was too tired. The OIG investigation review 392 00:27:47,400 --> 00:27:52,200 concluded the day Watch Operations Lieutenant exercise poor judgment when 393 00:27:52,240 --> 00:27:56,119 he requested that the material handler work a third consecutive shift. 394 00:27:56,920 --> 00:27:59,880 As the day Watch Operations Lieutenant, he had access to 395 00:27:59,920 --> 00:28:03,200 the staff roster and the schedule, and therefore he should 396 00:28:03,200 --> 00:28:06,759 have known that the material handler had already worked sixteen 397 00:28:06,799 --> 00:28:11,680 straight hours. Additionally, the day Watch Operations Lieutenant's actions was 398 00:28:11,759 --> 00:28:15,680 inconsistent with the collective bargaining Agreement and did not reflect 399 00:28:15,759 --> 00:28:19,680 sound correctional judgment, as it would have been extremely difficult 400 00:28:19,880 --> 00:28:23,319 for the material handler to have effectively performed as duties 401 00:28:23,599 --> 00:28:26,720 during the third shift. All right, folks, we're going to 402 00:28:26,759 --> 00:28:29,359 wrap it up here, and then in the next episode, 403 00:28:29,480 --> 00:28:33,119 we're going to pick back up with section four of 404 00:28:33,319 --> 00:28:38,119 Chapter seven, and that is clearing the ten PM institutional count. 405 00:28:38,200 --> 00:28:42,119 Knowing that it was inaccurate. All of the information that 406 00:28:42,160 --> 00:28:45,160 goes with this episode can be found in the description 407 00:28:45,279 --> 00:28:45,599 box