DOJ OIG sworn statement of an MCC New York lieutenant, June 2021

1¶

DIGITALLY RECORDED¶

SWORN STATEMENT¶

OF¶

OIG CASE #:¶

2019-010614¶

DEPARTMENT OF JUSTICE¶

OFFICE OF THE INSPECTOR GENERAL¶

JUNE 14, 2021¶

RESOLUTE DOCUMENTATION SERVICES¶

28632 Roadside Drive, Suite 285¶

Agoura Hills, CA 91301¶

Phone: (818) 431-5800¶

EFTA00058522¶

2¶

APPEARANCES:¶

OTHER APPEARANCES:¶

NONE¶

EFTA00058523¶

3¶

EFTA00058524¶

4¶

EFTA00058525¶

5¶

Information on a Voluntary Basis. You are being asked to provide information as part of an investigation being conducted by the Office of the Inspector General. This investigation is being conducted pursuant to the Inspector General Act of 1978 as amended. This investigation pertains to job performance failure and security failure. This is a voluntary interview. Accordingly, you do not have to answer any questions. No disciplinary action will be taken against you if you choose not to answer questions. Any statement you furnish may be used as evidence in any future criminal proceeding or agency disciplinary proceedings or both. Now this is the statement for you directly. I understand the Warnings and Assurances stated above and I am willing to make a statement and answer questions. No promises or threats have been made to me and no pressure or coercion of any kind has been used against me. Do you understand that?¶

2: Yes.¶

3: Do you agree to move forward with the interview?¶

5: Yes.¶

EFTA00058526¶

6¶

EFTA00058527¶

7¶

EFTA00058528¶

8¶

EFTA00058529¶

9¶

EFTA00058530¶

10¶

EFTA00058531¶

11¶

EFTA00058532¶

12¶

EFTA00058533¶

13¶

EFTA00058534¶

14¶

EFTA00058535¶

15¶

EFTA00058536¶

16¶

EFTA00058537¶

17¶

EFTA00058538¶

18¶

EFTA00058539¶

19¶

EFTA00058540¶

20¶

a certain day, we all have the operations lieutenant will say hey I want you to observe a count in unit 7 North. Or 9 North is doing a bed book count. Go observe that count. So we ensure that those things are being done basically but when we make our specific round, and we’re speaking with the officer saying hey is everything good. You know make sure you do your rounds. Basically reinforcing and reiterating because you know at the end of the day we’re all adults. So like you have a job to do and we’re just making sure. And you know making sure you’re doing it. We’re not like¶

EFTA00058541¶

21¶

So like say for instance if I’m activities today. I want to observe 7 North conduct a count. I want to go up to 9 North today and do a shakedown with them. It’s just something that as a lieutenant you take the initiative and when you go to the unit you say hey let’s do a shakedown. Let’s do a round on this tier. Let’s do a round on this tier. You have any issues with any inmates? Oh yeah. I had an issue with inmate Smith. Alright. Let’s go talk to Inmate Smith over there.¶

So it’s to your discretion.¶

Yes.¶

Okay. So it’s not like¶

EFTA00058542¶

22¶

EFTA00058543¶

23¶

population, that’s the opposite of Special Housing. When you make a round, like you don’t have to hit. So let’s say that they have eight tiers. Tier 1-2-3-4-5-6-7-8. You make a round. You check on the officer. And then you’re in the unit but you’re not because inmates are out and about. So it’s not about walking every tier because the inmates are out. But in Special -. I’m sorry, I’m just dramatic with my hands.¶

: I love it.¶

: So in Special Housing, inmates are locked down. So it’s our responsibility to go up on the tier and go to every door and speak to every inmate because it’s not general population. It’s not like they can - when you come to the unit they can come out and say hey lieutenant I got a question. That’s the reason why we have to go to them.¶

EFTA00058544¶

24¶

EFTA00058545¶

25¶

1 watch. So as an 8 acting as a lieutenant.¶

2 Like when I’m finished with that shift, I’ll go check in with him and I’ll say hey what do you need me to do. He’ll go okay, I need you to take the count in Control F4. I need you to move this inmate from Special Housing Unit to Suicide Watch. I need you to move this inmate over here. And then after that I need you to make sure all the food carts get up on time.¶

So I’m kind of like taking direction from the operations lieutenant. And then we’ll say something like hey who’s going to SHU. Me or you? Oh, you go to SHU, hit all of this. I’m going to be doing this. It’s kind of like you guys are.¶

• But every shift a lieutenant should be in the Special Housing Unit checking in with each inmate.

• Yes.

• Even the like midnight to 6:00 a.m.

• Well overnight is kind of different because you’re not -. You’re making a round but you’re not tapping on every -. So like if you’re making a round in Special

EFTA00058546¶

26¶

EFTA00058547¶

27¶

EFTA00058548¶

28¶

EFTA00058549¶

29¶

EFTA00058550¶

30¶

EFTA00058551¶

31¶

EFTA00058552¶

32¶

EFTA00058553¶

33¶

the PA system. But if it’s like pertinent information, we do the conference calls and I was also the kind of individual where I repeat the same thing over and over again, so when I made a round and I saw every officer, I would say the same thing over and over. You know, sometimes people miss conference calls. I was in the bathroom; I was doing this. So, this is pertinent information. So face-to-face and conference calls.¶

EFTA00058554¶

34¶

Okay.¶

As an officer, how would you get it?¶

As an officer, they would always tell the captain who would then tell the operations lieutenant and then inform the officers. If the officers needed to know. I mean as an officer, we’re called line staff, we didn’t always know. We didn’t’ need to know the gist of everything. So like say for instance that night we had a high-profile inmate coming in. We would find out when we’re doing our round or we’re working that unit. Like oh, you’re the one that was on the news. Okay. So we didn’t know everything that was going on.¶

: Okay. And that’s as an officer. What about as a lieutenant?¶

: Being a 9 I mean if you happen to be in the office at the time that the captain was telling operations, then you’ll get wind of it. If not, then if I was walking around or out and about and I would see the operations, and he or she will call me and say I’ve got some information to tell you. Come on¶

EFTA00058555¶

35¶

EFTA00058556¶

36¶

EFTA00058557¶

37¶

EFTA00058558¶

38¶

EFTA00058559¶

39¶

EFTA00058560¶

40¶

1: I’m going to read what it states. 2: Okay. 3: Please let me know if it’s accurate and if there’s any questions. 4: Okay. Yep. 5: started working for the BOP in at Allenwood. 6: transferred to MCC in is a Senior Officer Specialist but also serves as a lieutenant. This usually happens when is working overtime and is in the capacity of her acting activities lieutenant. stated that in order to do a round, an officer has to physically go inside the area that is occupied by the inmates. As an activities lieutenant, makes a round through the Special Housing Unit and asks officers in the SHU if things are good. She’s usually called numerous times to the SHU for certain issues like when an inmate complains that he hasn’t received something, property. then takes note of the issue and advises the captain. 4: I don’t know about advising¶

EFTA00058561¶

41¶

EFTA00058562¶

42¶

EFTA00058563¶

43¶

Well when you’re making rounds, it’s for -. Because I am a person that works in the corrections system. I mean staff wellbeing is very important to me.¶

: You know. Of course we supervise inmates, but if I’m walking on a unit and I need to know where that staff member is. Once I get that staff member, and I get eyes on that staff member, then we do whatever we need to do.¶

EFTA00058564¶

44¶

Now officers rounds is just inmates. So like for example, we have to make rounds on outside patrol. There’s no inmates out there. But we still have to leave the building, see the OP1 officer, and then walk around the building, make sure nothing is being tampered with and come back inside. So our rounds consist of finding security rounds as well. You know we’re tugging on doors and making sure the recreation is secured —¶

: Okay.¶

: — and stuff like that. So.¶

: works as an SOS -¶

Senior Officer Specialist - during her normal shift, which is usually the day watch, 8:00¶

EFTA00058565¶

45¶

a.m. to 4:00 p.m. If works overtime, she acts as activities lieutenant from 4:00 p.m. to 10:00 p.m. has worked as a corrections officer in the SHU usually in overtime and on evening watch. During her shifts in the SHU, has responsibilities pertaining to the inmates such as phone calls, showers, and the library. The 30-minute rounds are recorded in TruScope and on paper logs. stated that she has not worked with anyone who didn’t do the rounds. participates in the 10 a.m. count on the weekends, but during the week, a count is not done during her regular shift of 8:00 a.m. to 4:00 p.m. During the week, leaves before 10:00 p.m. count is conducted. During a count, all inmates have to be seen. The inmates are counted by one officer, then another officer.¶

• Double count.

• Double count.

• Two step.

• If there are only two

24 officers working during the count, one officer 25 will count the inmates, then the officers will¶

EFTA00058566¶

46¶

EFTA00058567¶

47¶

EFTA00058568¶

48¶

EFTA00058569¶

49¶

EFTA00058570¶

50¶

Let’s use…. This is southern court. We have inmates that go to court like during the day because it’s a pretrial institution. So, it says FNYS. That’s Southern District Court. So up here it will say FNYS. There’s three inmates from 5 South that are still out that are not physically in the building. So we have to do an out count for them.¶

That’s weird. FN, oh I’m sorry. FNYS. FNYS. Oh there’s one. I’m looking at food service. That’s on my way to discrepancy. Okay. FNYS. One. There’s one out. Same room counted and the count slip would be right here.¶

And what does that state?¶

Hold on, let’s see. That states that there’s one inmate by the name of Clark that’s in Southern Court from 11 South Unit. So this is the Sentry document that matches this document right here.¶

: Okay. Well here’s the question I have. If an inmate happened to be moved to R&D.¶

| EFTA00058571 | | :--- | :---¶

51¶

EFTA00058572¶

52¶

EFTA00058573¶

53¶

EFTA00058574¶

54¶

EFTA00058575¶

55¶

like no back-and-forth. Like you’re now pulled from your post and you have to physically stay in R&D to watch that inmate. So what they’ll do sometimes. I’m not saying that happened this time, we’ll do something where we do like the lieutenant will say hey, because it’s so close to count, and the inmate is accounted for, we’ll kind of like ghost count him. Ghost counting meaning the inmate is still physically accounted for but we’ll just put it on the slip. Again, I’m not saying this happened there.¶

But we have a lot of inmate movement at count times. Sometimes we’ll improvise with the documentation, but never with accounting for inmates.¶

: Okay. I just wanted to -.¶

The point of clarification is to let’s say if the count was done and the count was wrong.¶

What’s the next step? If they identified the fact that whoever the COs are, they counted the inmates —¶

: Mm-hmm.¶

: — and it happened to be¶

EFTA00058576¶

56¶

EFTA00058577¶

57¶

EFTA00058578¶

58¶

after hours as like self-surrenders and —¶

: Uh-huh.¶

: — when the DEA, the FBI, they drop off inmates at that time.¶

: So what should have been written on these? Should have it said 72 on that outside sheet? Or should it have said 73 and vice versa? What should have the counts slip said - 73 or 72?¶

: Well inmates that come in that late, we call them safekeeps and they’re always going to go to SHU regardless. Always. Because they’re coming in late and they haven’t been medically assessed. We do the initial intake, but it’s not a full-on intake like during day watch hours. So all inmates coming in at that time always go to Special Housing Unit. So again, I’m not saying that happened that time, but there have been situations when inmates are coming in and -.¶

: And so what I’m saying in this specific instance —¶

: Mm-hmm.¶

: — if when they spoke to the ops lieutenant and they said hey, we got¶

EFTA00058579¶

59¶

EFTA00058580¶

60¶

EFTA00058581¶

61¶

EFTA00058582¶

62¶

EFTA00058583¶

63¶

EFTA00058584¶

64¶

EFTA00058585¶

65¶

EFTA00058586¶

66¶

EFTA00058587¶

67¶

EFTA00058588¶

68¶

EFTA00058589¶

69¶

EFTA00058590¶

70¶

In the control center, an employee gets information from the person that he or she relieves. While in the control center, one has various responsibilities such as a fire security check, equipment, and key checks and watching the cameras. The person that is designated as Control 2 is responsible for preparing the paperwork for the count. On August 9, 2019, works in the capacity of lieutenant from 4:00 p.m. to 10:00 p.m. During this time, stopped by the SHU. She recalled that regular activities and operations¶

EFTA00058591¶

71¶

were occurring at the time of her visit.¶

fed inmates in G Tier and in 10 South - the high security unit. recalled seeing Jeffrey Epstein earlier on August 9th and around 9:00 a.m. at attorney conference area. Epstein was there with three or four attorneys who were in and out of the facility. recalled that there being two females and one male. At one point, Epstein had to get an officer’s attention to use the restroom.¶

was not in the SHU when Epstein came back from attorney conference. Usually Epstein would be cuffed to go back to the SHU from attorney conference around 7:20 p.m. to 8:00 p.m. doesn’t remember anyone talking about a phone call that Epstein made on August 9th. She also is not aware of how either of Epstein’s cellmates were selected. only heard things in passing regarding Epstein’s alleged suicide attempt in July. does not know the particular procedures or guidelines regarding an inmate who comes off suicide watch. She stated that usually that inmate is put with a cellmate but she does not know if this is policy or just general¶

EFTA00058592¶

72¶

EFTA00058593¶

73¶

EFTA00058594¶

74¶

EFTA00058595¶

75¶

EFTA00058596¶

76¶

EFTA00058597¶

77¶

EFTA00058598¶

78¶

: Okay. So those things happen when they have regular department head meetings. But then they also have emergency meetings. So in a situation like that, they would have a last-minute emergency meeting. They’ll come up with whatever plan. It’s medical. It’s all department heads. It’s unit team, it’s medical, it’s psychology, it’s the captain. Lieutenants don’t sit in department head meetings. So whatever determination they make, the captain will inform the lieutenants.¶

EFTA00058599¶

79¶

So like line staff, we don’t really need to know who needs a cellie and who doesn’t because we don’t - it’s not our responsibility to walk around and say hey you need a cellmate. We just you know we count for inmates, do our rounds, do our shakedowns, and go home in one piece.¶

So I do remember them putting a stickie note on the computer. You know everyone looks at the computer. Saying do rounds on Epstein. That’s just something that as officers we do to say hey, reminder. Make sure you check on this inmate. So like say if I’m working a housing unit and an inmate got news that his mother died. And I’m on the housing unit. And this happened on my shift. And I’ll put a little stickie note and say hey¶

EFTA00058600¶

80¶

keep eyes on inmate because he got a phone call, he got an email, that his mom passed away. You know keep an eye on him.¶

I’ll write a little sticky note. It’s like something that we do as line staff. So like say when you’re relieving me and because you’ll forget sometimes to pass on pertinent information. So we did that as something that we made up to do to remind ourselves like hey, what’s this sticky note for? Oh yeah. I remember telling me that mother died. Just keep an eye on him.¶

So there was a note that said.¶

There was a note that we - when I say we I mean line staff. There was a note that somebody created as a reminder for us to do it. You understand what I’m trying to say?¶

Okay.¶

Like not like an email printed out. It’s like a little sticky note.¶

Something that we did.¶

Which computer?¶

There’s two computers in SHU.¶

EFTA00058601¶

81¶

EFTA00058602¶

82¶

EFTA00058603¶

83¶

EFTA00058604¶

84¶

EFTA00058605¶

85¶

1 situation. 2 : Mm-hmm. 3 : Let’s think about it. So if everyone is told Epstein needs a cellmate at all times. is informed. The cellmate left. What should have happened? 4 : He should have got a cellie before every department head left. 5 : Okay. So should have he notified - should have he gone straight to — 6 : Somebody has to tell -. 7 : — psychology or should have he told the captain first? Or how -? 8 : Well somebody has to. So like if the lieutenant is on. Right. The lieutenant is here. They have their office. 9 Everyone has their own offices. So if an inmate is - he leaves out of R&D and the marshals or whoever calls R&D and say hey this inmate had got released from court. We take him off the count. R&D should be notifying their supervisor who in turn would be notifying psychology and the captain. And then that’s when it comes down. You understand what I’m trying to say?¶

EFTA00058606¶

86¶

So me being a line staff, my immediate supervisor is always operations. Like I don’t call R&D and say hey I got an inmate that’s saying he got court. What’s going on? My line of defense is operations. So everyone has a supervisor. So they should have been going to their supervisor - R&D because you still have line staff in R&D. They have a supervisor. And that’s when the supervisor needs to reach out to whoever they need to reach out to. And they-. Well the R&D supervisor notifies psychology and the captain.¶

EFTA00058607¶

87¶

He doesn’t tell the captain. He doesn’t tell psychology. Is there any way that information could have gotten back up to?¶

So should have the people in the SHU and for the next people that are in the SHU.¶

Epstein -. They know there is a sticky note on the computer. Epstein needs a cellmate.¶

Mm-hmm.¶

Should have they notified you? Should have they said hey Epstein is in there. He doesn’t have a cellmate. And then you would have therefore notified?¶

Should have that happened?¶

And if they need a cellie or not. So when people come in, we have many high-profile inmates. No one comes in saying okay, what’s going on with El Chapo today? What’s going on with Epstein? Like it is not that deep. So if you’re coming in and you’re speaking with operations. You know, you’re¶

EFTA00058608¶

88¶

1 just listening to pertinent information.¶

2 You’re asking questions. Was it quiet today?¶

3 Any fights? Any use of force? And if you say no, is a lieutenant going to say, oh is Epstein okay? Again, no disrespect to anybody, but no one is inquiring about a specific inmate when you’re staring your shift.¶

EFTA00058609¶

89¶

EFTA00058610¶

90¶

EFTA00058611¶

91¶

EFTA00058612¶

92¶

confusing part to me is why wouldn’t they be required to tell you that? If they knew he had a cellmate, why wouldn’t they say hey lieutenant, hey LT. Epstein is supposed to have a cellmate.¶

But that’s specific. In my opinion, that’s pertinent information. So if Epstein is in attorney conference. Right. And shifts are overlapping. And he’s there during the count. And I’m making a round at let’s say 5:00. And they’re going oh Epstein needs a cellie. That would be coming from higher-ups. So coming on, -.¶

But if kept the information and has no idea that Epstein doesn’t have a cellie. How can that information get back to that Epstein doesn’t have a cellie?¶

But they would have had to have been notified by any supervisor. Even if the captain felt like calling them straight in the SHU and saying hey, Epstein needs a cellie. Like even if he wanted to jump the chain of command. Like they still need to know.¶

That’s what I’m saying.¶

EFTA00058613¶

93¶

EFTA00058614¶

94¶

EFTA00058615¶

95¶

EFTA00058616¶

96¶

EFTA00058617¶

97¶

EFTA00058618¶

98¶

EFTA00058619¶

99¶

EFTA00058620¶

100¶

EFTA00058621¶

101¶

EFTA00058622¶

102¶

EFTA00058623¶

103¶

EFTA00058624¶

104¶

1. inmate left. But if he required a cellmate,

2. and it’s a special case, then everyone knows

3. that the phone should be ringing. But if it’s

4. just a regular inmate. Somebody got bailed

5. out. It’s not that big of a deal.

EFTA00058625¶

105¶

EFTA00058626¶

106¶

EFTA00058627¶

107¶

EFTA00058628¶

108¶

EFTA00058629¶

109¶

EFTA00058630¶

110¶

EFTA00058631¶

111¶

EFTA00058632¶

112¶

EFTA00058633¶

113¶

that’s the timeframe? : Yeah. : Okay. And what about for a round? How long does a round take? : On a tier or altogether? : In the SHU. So I’m talking specific to the SHU. Both instances. : Rounds, let me see, two-four-six-eight-ten-twelve. Maybe take you about 12 to 15 minutes to -. : So they’re roughly the same? : For a smooth round. Now if you’re doing rounds an inmates are stopping you. Then you know it can take longer. : Okay. Now rounds, I’ve heard some instances where if people go down the range to deal with something, they could potentially count that as a round. Is that -? : So like -. That is correct. So if you’re -. Say for instance if an inmate is saying he needs a roll of tissue. And you get the tissue and you go on the tier. And you’re like oh. And his tier is all the way in the corner. Me? I would have the roll of¶

EFTA00058634¶

114¶

EFTA00058635¶

115¶

EFTA00058636¶

116¶

EFTA00058637¶

117¶

EFTA00058638¶

118¶

EFTA00058639¶

119¶

EFTA00058640¶

120¶

EFTA00058641¶

121¶

too?¶

Yes.¶

Okay.¶

And did you say you were unaware that the range camera in the SHU was down?¶

That is correct?¶

And whose responsibility would it have been -? Would the people working in the SHU known that it was down?¶

So if you’re in the SHU, you don’t know that the cameras are inoperable.¶

Unless like it’s broken like you see a crack.¶

But just if it looks like a camera, you don’t know if it’s inoperable. So if the Facilities responsibly to fix the cameras. Now if you’re in the control center, and you see a camera out, then you notify the (Indiscernible *01:29:09).¶

And if you’re in facilities and you’re told that the camera is out, about how quickly should that camera be fixed?¶

I’m not sure what the timeframes are. But you know, certain things,¶

EFTA00058642¶

122¶

EFTA00058643¶

123¶

1. don’t remember. You know what I’m saying?
2. : Now do you find anything suspicious with the death of Epstein yourself?
3. Like the fact, you know, different counts,
4. cameras down, things like that?
5. : No.
6. : No? So what is your opinion on the matter?
7. : I really don’t have an opinion. I just feel like you know I come to work. I try to do my job the best way I can.
8. You know. My goal is to come in, do what I need to do, go the extra mile, and just go home in one piece. Like I’m not -. I don’t focus on specific inmates and what their crime is. I treat everybody with respect. And I just want to go home.
9. : Sure.
10. : So.
11. : And like do you think somebody dropped the ball here? Do you think that there’s somebody that’s responsible in this matter? From the limited information you know. Or do you think it’s -?
12. : Are you asking me my opinion?

EFTA00058644¶

124¶

EFTA00058645¶

125¶

EFTA00058646¶

126¶

EFTA00058647¶

127¶

CERTIFICATE¶

I hereby certify that the foregoing pages represent an accurate transcript of the electronic sound recording of the proceedings before the Department of Justice, Office of the Inspector General in the matter of:¶

EFTA00058648¶

EFTA00058649¶

EFTA00058650¶

EFTA00058651¶

EFTA00058652¶

EFTA00058653¶

EFTA00058654¶

EFTA00058655¶

EFTA00058656¶

EFTA00058657¶