Defense discovery request to SDNY prosecutors in jail officers' case, June 2020

105 MAIN STREET HACKENSACK. NJ 07601¶

30 WALL STREET 8TH FLOOR NEW YORK. NY 10005 TEL 212-709-8230¶

WWW.FOYSEPLOWITZ.COM¶

June 5, 2020¶

US Attorney’s Office - SDNY One Saint Andrew’s Plaza New York, NY 10007¶

Re: US v. Tova Noel, et al 19 cr. 830

¶

Dear Counsel:¶

Pursuant to Fed. R. Crim. P. 16, please provide the following information and materials:¶

• 1. Defendant Noel’s complete personnel and training file including, but not limited to, the following:
  • a. Individual employee training record.
  • b. Complete Performance Log maintained in the Admin Lieutenant’s Office or any other location in the MCC.
  • c. Completed and signed Position Description Cover Sheet.
  • d. Completed and signed yearly Employee Performance Appraisal.
  • e. Completed and signed quarterly performance logs completed at the end of the 3”, 6th, and 9th month of Defendant Noel’s employment.
  • f. Completed and signed 6th month progress review.
  • g. BOP GLYNCO (FLETC) training information and course outline for 2019.
• 2. The BOP and MCC Employee Code of Conduct, Code of Ethics, and corresponding employee acknowledgement forms for Defendant Noel.
• 3. The MCC institutional familiarization training outline.
• 4. The MCC annual training outline for 2018 and 2019.
• 5. A copy of the internal memorandums, letters, and/or emails addressing the death of Jeffrey Epstein including, but not limited to, the memorandums drafted by Employee Number 5, Employee Number 6, and Employee Number 13.

PAGE 2¶

• 6. The email referenced in Employee Number 7’s witness statement that was sent to MCC employees regarding Jeffrey Epstein’s need for a cellmate.
• 7. Psychology Services post-suicide watch report drafted by Employee Number 12 on July 24, 2019.
• 8. A copy of the memorandum sent by Employee Number 22 to the evening watch officers stating that Jeffrey Epstein needed a cellmate.
• 9. The BOP and MCC policy on cellmates and local Institutional Supplement on Special Housing Unit Regulations, including Institutional Supplement/Program Statement Number P.S. NYM 5270.10.
• 10. The BOP and MCC policy on SHU quarterly training.
• 11. The Inmate Accountability Institutional Supplement/Program Statement, Number I.S. NYM 5511.08, referenced in bates number SDNY 0005392.
• 12.The Security Inspections Institutional Supplement/Program Statement, Number I.S. NYM 5500.13, referenced in bates number SDNY 0005392.
• 13.An unredacted copy of SDNY 7551.
• 14.An unredacted copy of SDNY 883.
• 15. SHU Watch Call Logs from August 9, 2019 and August 10, 2019.
• 16.All SHU Watch Call Logs completed during Defendant Noel’s assignment to the SHU post which began on June 26, 2019.
• 17.All SHU Control Center Logs completed during Defendant Noel’s assignment to the SHU post which began on June 26, 2019.
• 18.All SHU Operations Lieutenant Log Books completed during Defendant Noel’s assignment to the SHU post which began on June 26, 2019.
• 19.All SHU TRUSCOPE Log Books completed during Defendant Noel’s assignment to the SHU post which began on June 26, 2019.
• 20.All High Risk Lists reviewed during weekly SHU meetings during Defendant Noel’s assignment to the SHU post which began on June 26, 2019.
• 21.All SHU reports and SRO reviews completed by the SHU Lieutenant during Defendant Noel’s assignment to the SHU post which began on June 26, 2019.
• 22.A copy of the BOP Master Agreement.
• 23.All surveillance camera records, logs, and orders since June 26, 2019, including, but not limited to, warden, captain, lieutenant, and/or supervisory personnel records of broken or malfunctioning surveillance cameras.
• 24.All records and logs completed by the warden, lieutenant, and/or supervisory personnel in relation to the monitoring of counts and rounds.
• 25.All facility maintenance logs since June 26, 2019.
• 26.All incident reports (583 and 586 forms) drafted after Jeffrey Epstein’s death.

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• 27.A copy of the After Action Internal Report completed after the death of Jeffrey Epstein and Board of Inquiry Report.
• 28.A copy of the Suicide Reconstruction Report
• 29.All MCC Correctional Services, Operational Reviews, and Program Reviews relating to the SHU and completed during Defendant Noel’s employment at the MCC which began on June 24, 2018.
• 30. Who is the author of the 4Chan message produced as bates number SDNY_00006978?
• 31.All internal and external investigation records related to the suicide of Kenneth Houck at the MDC, death of inmate Jamel Floyd at the MDC, and smuggling of a firearm into the MCC.

If you have any questions or concerns about the foregoing, please give me a call. Thank you for your thoughtful consideration.¶

Sincerely,¶

FOY & SEPLOWITZ LLC¶

JASON E. FOY¶

cc: Tova Noel¶