Grand jury subpoena to MCC for inmate prison records, Aug. 2019

Grand Jury Subpoena¶

United States District Court¶

SOUTHERN DISTRICT OF NEW YORK¶

TO: Metropolitan Correctional Center¶

Attn: Esq.¶

150 Park Row¶

New York, New York 10007¶

GREETINGS:¶

WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the GRAND JURY of the people of the United States for the Southern District of New York, at the United States Courthouse, 40 Foley Square, Room 220, in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at the following date, time and place:¶

Appearance Date: September 10, 2019¶

Appearance Time: 10:00 a.m.¶

to testify and give evidence in regard to an alleged violation of :¶

18 U.S.C. §§ 371, 1001, 1519, 2¶

and not to depart the Grand Jury without leave thereof, or of the United States Attorney, and that you bring with you and produce at the above time and place the following:¶

Please see attached rider. Personal appearance required.¶

Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law.¶

DATED: New York, New York August 20, 2019¶

G. Coffrey S. Bermann¶

GEOFFREY S. BERMAN¶

United States Attorney for the Southern District of New York¶

Assistant United States Attorneys¶

One St. Andrew’s Plaza¶

New York, New York 10007¶

Telephone:¶

Email:¶

rev. 02.01.12¶

EFTA00094949¶

(Grand Jury Subpoena to MCC, dated August 20, 2019) Ref. No. 2019R01059¶

A. Definitions and Instructions:¶

1. This Subpoena calls for the preservation and production of specific documents, including handwritten notes and records and e-mails and text messages, in the possession, custody or control of the Metropolitan Correctional Center (“MCC”) or any employee of MCC. Except as set forth below, the time period for production pursuant to this Subpoena is June 1, 2019 to the present. We request that you additionally preserve all documents that would be responsive to this Subpoena for the time period January 1, 2019 to the present.

2. This Subpoena applies to any responsive documents wherever they may be found, including any facility that holds records for the MCC, personal electronic devices, cellular phone or other telephone, pager, tablet, laptop computer, desktop computer, personal email, cloud storage, messaging or social media accounts used by employees of the MCC to conduct the MCC’s business, and including any and all handwritten notes and records in possession of any employees of the MCC.

3. With the exception of documents containing handwritten notes, please produce requested records in electronic form (native format where necessary to view the material in its full scope) in a manner that is OCR-searchable, and with all available electronic metadata. Please provide the originals of all papers, notepads, notebooks, diaries, or calendars upon which responsive handwritten notes may be found.

4. The term “documents” includes writings, emails, text messages, drawings, graphs, charts, calendar entries, photographs, audio or visual recordings, images, and other data or data compilations, and includes materials in both paper and electronic form.

5. If the MCC has knowledge of any document that would be responsive to this Subpoena but has been lost, destroyed, or discarded since January 1, 2019, it shall identify to the extent possible each such document and provide an explanation for the loss, destruction, or discarding (including identification of each person authorizing or having knowledge of the loss, destruction, or discarding).

6. This Subpoena does not call for the production of any documents protected by a valid claim of privilege, although any responsive document over which privilege is being asserted must be preserved. Any documents withheld on grounds of privilege must be identified on a privilege log with descriptions sufficient to identify their dates, authors, recipients, and general subject matter.

B. Custodian of Records:¶

1. The MCC is to designate an employee having personal and thorough knowledge of the MCC’s records and who shall have been responsible for the search for documents responsive to this Subpoena. That person shall appear before the Grand Jury on the Subpoena return date, produce the materials called for, and be examined concerning the completeness of the response.

EFTA00094950¶

C. Materials to be Preserved and/or Produced:¶

1. All institutional count slips and records related to the count, including but not limited to the regular institutional count slips and the 30-minute round count slips, including but not limited to such records for the Special Housing Unit (“SHU”).

2. All documents, including communications, regarding the counts slips described in Request 1, including but not limited to any communications regarding the creation, maintenance, storage, destruction, or description of such records.

3. All documents, including e-mail and internal correspondence and notes, and the Form 292, related to and for inmate Jeffrey Epstein, Reg. No. 76318-054.

4. TRUSCOPE entries reflecting the institutional count, and 30-minute rounds, for the institution and the SHU.

5. Any logs or logbooks kept in the normal course of business, including but not limited to the visitor’s log, attorney visit log, lieutenant’s log, and control center log.

6. Posted picture file for the SHU.

7. Post orders for the SHU.

8. High Risk List(s), as well as any communications regarding the High Risk List and/or any inmates on or being considered for the High Risk List.

9. Internal telephone records.

10. Records of staff and shift assignments, including but not limited to staff rosters.

11. Records of trainings and staff attendance at trainings for the time period June 1, 2018 to the present.