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MR. : When I got interviewed.¶
MR. : Sure. So, I’m going to give you, right now, the daily assignment rosters for both Friday, August 9, 2019, and Saturday, August 10, 2019.¶
MR. : Uh-huh.¶
MR. : It’s just so that, if it helps you refresh your memory, cause we’re talking about so long ago. All right.¶
“___ stated he was assigned as the Activities Lieutenant at the time of the interview and worked the regular 2 p.m. to 10 p.m. shift. His regular days off were Mondays and Tuesdays. He would, on occasion, work overtime hours or switch shifts with other officers.”¶
MR. : Wait, I’m sorry. Can you read that again? I apologize.¶
MR. : Absolutely. Okay. So, after the 2 p.m. to 10 p.m. shift, which we just discussed.¶
MR. : Uh-huh.¶
MR. : It says, “His regular days off were Mondays and Tuesdays. He would, on occasion, work overtime hours or switch¶
an officer acting as Activities.¶
MR. : Okay. So, then, people could switch, that were officers?¶
MR. : No. Only, a lieutenant can’t switch with an officer to fill a post.¶
They can backfill, if there’s, a lieutenant calls in sick. If a lieutenant is not there.¶
MR. : Okay. So you can’t —¶
MR. : They can use a GS —¶
MR. : — you can’t ask an 8,¶
say, hey, can you switch with me? It’s only if —¶
MR. : No. Like, as an Activities Lieutenant, I would have to call in sick to the Captain. If I wanted a shift off, I could switch with another officer. I can’t necessarily switch with an 8 officer.¶
MR. : Okay. And looking at this daily assignment roster, I’m assuming you noticed that you were actually Ops Lieutenant?¶
MR. : Yes. I was Evening Watch Operations the night before.¶
MR. : On August 9th? And then was actually an 8, Acting Lieutenant?¶
MR. : Yeah, she was a GS-8¶
shifts with other officers.Ӧ
MR. : We’re not officers. We’re lieutenants.¶
MR. : That’s probably what they (Indiscernible *00:09:11).¶
MR. : Okay.¶
MR. : So, switched shifts with other lieutenants, to be able to fill in for the Activities Lieutenant, is what you’re saying?¶
MR. : Yeah. Or, a lot of the times, we got mandated to stay.¶
MR. : Right. But only lieutenants could actually fill those positions, is what you’re saying?¶
MR. : Yeah. Only, well, a lieutenant, only a lieutenant can fill an Operations Lieutenant.¶
MR. : Correct.¶
MR. : You could have a GS-8 Officer cover as an Activities Lieutenant.¶
MR. : Okay.¶
MR. : Cause, like, that Friday evening, the night before, I was Operations and I had an 8 as my Activities Lieutenant. I had¶
officer.¶
MR. : Okay.¶
MR. : She was my Activities that night.¶
MR. : I got you. All right.¶
“As there were no Activity Lieutenants assigned during the overnight hours, he had no relief officers.” I don’t know why they would have wrote that sentence in there. So, I’m going to read this paragraph again, just to help clarify this. “___ stated he was assigned as the Activities Lieutenant at the time of the interview and worked the regular 2 p.m. to 10 p.m. shift.”¶
Again, on Friday, August 9, you were actually the Ops Lieutenant and ___ was the Activities Lieutenant. It says, “His regular days off were Mondays and Tuesdays. He would, on occasion, work overtime hours or switch shifts with other lieutenants.” And in this case, again, you explained —¶
MR. : Uh-huh.¶
MR. : — that you can’t actually switch with lieutenants, only if you get bumped and that position is filled, can an¶
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8 officer —¶
MR. : Yes.¶
MR. : And then it says, “As there were no Activity Lieutenants assigned during the overnight hours, he had no relief officers.” You weren’t doing overnight?¶
MR. : No. I got relieved and went home that evening.¶
MR. : I’m not exactly, were you doing overtime shifts for the morning watch?¶
Is that why they would have wrote that?¶
MR. : It could possibly be. I mean, we worked overtime shifts constantly. At one point in time, we were short-staffed lieutenants like you wouldn’t believe. We were filling this building with five or six lieutenants, we were running the whole building. That’s one of the reasons why I became a counselor. I was never home.¶
MR. : Okay. So that is a little confusing. What it’s trying to say, though, is that if you’re the Ops Lieutenant, on the morning watch, there is no Activities Lieutenant?¶
MR. : No. Yeah, that, no.¶
19¶
MR. : So what is the definition of a lieutenant round?¶
MR. : A lieutenant round? Well, in the Special Housing or general pop?¶
MR. : Let’s talk just Special Housing.¶
MR. : Okay. Special Housing, one, the lieutenant walks through the 27 door, that’s the outer door of the SHU. Sign in, in the log book. Go in, go, sit down on the computer, login, do the True Scope rounds. Got to enter your rounds in SHU. Go up to 10 South. Make the rounds up there. Same thing. Enter the information in True Scope.¶
MR. : So, when you go into 9 South, though, and you’re entering in that you conducted a round, what does the round entail?¶
MR. : Well, making sure that the officers are doing their job. And like I said, if time permits, if you can, you know, do it, go down the range. Go one range, two ranges, three ranges.¶
MR. : And that’s where, so, this is where we have gotten, some people are saying they had to do, in order to conduct an¶
There’s only an Activities Lieutenant until 10 p.m.¶
MR. : Right. “___ stated the responsibilities of an Activities Lieutenant include making rounds and placing inmates in Special Housing. During rounds, they ensure officers are properly carrying out their job responsibilities and give the inmates the opportunity to address with them any concerns. ___ stated he often attempted to walk all the tiers, based on time.”¶
So, on this, we have heard different things from different people. As an Ops Lieutenant, or an Activities Lieutenant, are you required to go into the SHU, and I’m talking specifically at this time, so August 9th, August 10th of 2019. Was a lieutenant, or a SHU lieutenant, was a lieutenant responsible to go to the SHU and walk the tiers and do a round with the inmates?¶
MR. : With the inmates?¶
MR. : Yeah. So —¶
MR. : Well, a lieutenant is supposed to, is mandatory, supposed to make rounds.¶
| 1 | actual round, you have to actually walk the tiers. Do you know that to be the case? |
| 2 | MR. Well, yeah. Cause the officer has to let you down range. |
| 3 | MR. Okay. |
| 4 | MR. The officer has the grill key. Nobody could just go down range in SHU. |
| 5 | MR. Sure. |
| 6 | MR. So, the officer would have to open the grill. You go down range and then have to sign the rounds sheet at the end of each range. |
| 7 | MR. And I think I understand what you're saying. You're saying sometimes, there just wasn't time to do it -- |
| 8 | MR. Uh-huh. |
| 9 | MR. -- but does that actually constitute a round, actually walking down the range for a lieutenant? |
| 10 | MR. Well, not so much, the officers are supposed to be making the 30 minute rounds. |
| 11 | MR. Sure. |
| 12 | MR. The lieutenant just has to make sure that that that, he or she has to go |
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MR. : Okay.¶
MR. : And they wouldn’t have the actual court list, so if they had to call us and be, like, hey, , you know, is calling for this guy and I would just bring this up, and be like, yeah, he’s on the list.¶
But we wouldn’t study this. We would just, we were included in the Marshals loop, because we would be the supervisors.¶
MR. : Now, if he was actually being transferred to another institution —¶
MR. : Uh-huh.¶
MR. : — would he be also listed on the court list?¶
MR. : No, he would be on the moves for the day.¶
MR. : All right. So, here is an email from also the U.S. Marshals Service, from a , —¶
MR. : Okay.¶
MR. : — subject, “Transfer of Prisoners from NYM to GEO.”¶
MR. : GEO. GEO.¶
MR. : What’s GEO?¶
MR. : It’s the private jail.¶
MR. : And then the 38 —¶
MR. : On the 38, see, like, GCT release, full-time release, FT release, or like you see here, the pre-remove status and stuff like that.¶
MR. : Yeah, so that’s kind of where we’re trying to, we’re trying to put these pieces together. Why would he be on an email here, saying that prisoner schedule report, listing him as court. Here, saying he’s being transferred, excuse me, to the GEO.¶
MR. : GEO.¶
MR. : And then on the 38, showing he’s pre-removed.¶
MR. : Yeah. I guess, I’m assuming, I could be wrong, this is just the way our computer, the way our system puts it in. Like, this right here, the FT release, that means this guy maxed out. He’s not going to, like, a halfway house or anything like that. Where is it? Pre-remove means he’s being transferred.¶
MR. : Pre-remove means he’s being transferred?¶
MR. : Transferred.¶
MR. : In New York?¶
MR. : Yes. I believe it’s in New York. I’m not sure.¶
MR. : Okay. And this one is also dated Thursday, August 8, 2019. It says, “The following prisoners are to be transferred.” Here it says, “Reyes, Efrain.”¶
And his reg number. “Please schedule a transfer for Friday, 8/9/2019.” Do you know why he would be listed on this email, on August 8th, as well as a prisoner production on August 8th? Is there any—¶
MR. : No. No. That’s whatever the Marshals were doing.¶
MR. : Have you ever seen something like that before?¶
MR. : What, moving an inmate?¶
MR. : Well, so, on this, it says he’s going to court, right?¶
MR. : Uh-huh.¶
MR. : But on this one, it says he’s being transferred.¶
MR. : Quite honestly, it’s, I know I’ve seen, like I said, like on the 38, I’m just going, I’m sorry, I’m going BOP-wise.¶
MR. : And you know if this thing next to him would be that transfer within thing? Would that be —¶
MR. : I don’t know. Honestly, I have, I can’t answer that.¶
MR. : Okay.¶
(Phonetic Sp. *01:29:42). Where’s that guy?¶
Yeah, so, officer says transfer —¶
MR. : Pre-remove.¶
MR. : — and he’s pre-remove.¶
But these other guys don’t seem to say transfer within. So, is this something like, if this is being sent to the lieutenant, should you be able to look at this and say, like, transfer within, that means he’s out of here?¶
MR. : Honestly, I can’t answer that.¶
MR. : Okay.¶
MR. : I have never looked, I have honestly never looked at that part.¶
MR. : Okay.¶
MR. : I have never looked at it.¶
MR. : So, when you receive this, do you, as the Ops Lieutenant, Activities Lieutenant, look at these things, these¶
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after that, August 12th, it actually isn’t sent out until 6:36 a.m.¶
MR. ☑☒☐: Yeah. It all depends on, like, what, like I said, I mean, that’s a different story. That was an emergency situation, but there’s things, other things that happen. You get tied up. You got to get pulled, you know, got to go see the captain.¶
You got to go, you’re in ☑☒☐, dealing with something, and then you don’t get to close out. Especially if you’re doing a double, too.¶
MR. ☑☒☐: Okay. So, in this case, though, in these cases, like, for the morning watch Ops Lieutenant, do they sometimes get relieved and that’s when they work on, oh, I got to get all the, I got to get the activity, or I got to get the daily log and lieutenant’s log up-to-date now?¶
MR. ☑☒☐: Uh-huh.¶
MR. ☑☒☐: And then stay behind to do that?¶
MR. ☑☒☐: As far as, well, after you’re relieved?¶
MR. ☑☒☐: Yep.¶
MR. ☑☒☐: It does happen.¶
MR. : All right. Thank you.¶
Now, here is the one that we were just talking about, that sent out on Saturday, August 10, 2019, at 9:26 a.m. As you’ll see, this is August 10th. So I just want to draw your attention to a few things.¶
Friday, August 9th, that starts at 12 a.m., then we get to 8:30 a.m. On this daily activities log, it shows at 8:38 a.m., Reyes, from the SHU, or from Z06-220 UAD to pre-remove. Who would have filled that out? Do you know?¶
MR. : The Operations Lieutenant.¶
MR. : At the time?¶
MR. : Yeah. Day watch operations.¶
MR. : All right. So, is it should have called and told the Operations Lieutenant, hey, this person is pre-removed and that’s how, how would they get that information?¶
MR. : No, well, normally, we would do a 38.¶
MR. : Okay. So, as in, that, he would have been entered in the system at that time, saying remove?¶
MR. : Uh-huh. That would, yeah,¶
MR. : Right.¶
MR. : You know, you can’t, the bottom line is, as a lieutenant, you should not be leaving and leaving stuff incomplete.¶
MR. : Okay. And it’s that Ops Lieutenant’s responsibility to complete it?¶
MR. : Yes.¶
MR. : And then once it’s completed, are they then supposed to send out, send it out to everybody?¶
MR. : Yes. The morning watch Operations Lieutenant —¶
MR. : Right.¶
MR. : — is the one that sends out the paperwork. The daily paperwork.¶
MR. : All right. So, the fact that, if something wasn’t sent out before 9:30, does that indicate to you, you know, you, well, it’s because she hadn’t finished it yet, so she stayed behind in order to finish it?¶
MR. : That definitely could be the case.¶
MR. : Okay. Do you mind just initialing and dating that?¶
MR. : Sure.¶
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MR. : did make the round in SHU. I don’t know why I’m, I don’t know why my signature is on here.¶
MR. : That is your signature, though?¶
MR. : It looks like my . But I didn’t make rounds in SHU. I know that. I didn’t make the evening watch rounds.¶
MR. : Shoot. I didn’t print off the list for the lieutenants, cause there’s, but that is your signature on there?¶
MR. : That looks like my .¶
MR. : And would have you had to have gone to the actual SHU to do that?¶
MR. : Yes, I would have had to have, and I didn’t make rounds up there that night.¶
MR. : Any idea how that would have gotten on there, if you didn’t, you weren’t in there?¶
MR. : No. No. I don’t.¶
MR. : Do you know if anyone asked you after the fact to sign off on something?¶
MR. : Not necessarily. No. But I¶
MR. : The morning watch went, upon coming in, oh, you know what? I’m not, I don’t remember doing it, but the only thing I could think of is when it gets picked up, but the thing is, this don’t get picked up, it don’t get sent down until morning watch.¶
So, I don’t, I don’t remember, I really don’t remember signing that. But I really don’t remember signing that, and it looks like the morning watch lieutenant didn’t sign, either.¶
Cause then if you look at this, I wouldn’t have signed, if I saw rounds not done. Remember, I said that earlier.¶
MR. : So does this at all look like it could have been, like, cut and paste or why, why would that be modified?¶
MR. : I don’t know.¶
MR. : Do you have any reason to believe that that is not your signature?¶
MR. : I don’t recall signing it, but that looks like my . I always initial.¶
I don’t ever fully sign. I always do the , as you can see, I do the in the circle.¶
Yeah. Yeah, I don’t, I don’t know. I don’t recall. I don’t recall signing it, but that is¶
know I didn’t make rounds up there, but that looks like my. And this is the first I’m seeing this.¶
MR. : Yeah. It does look exactly like what you have been doing. I didn’t even notice that before. So, this is your signature on the 8/9/2019 —¶
MR. : Uh-huh.¶
MR. : — 30 minute check sheet, but you did not visit the SHU on August 9th?¶
MR. : No. I did not make rounds.¶
My Activities Lieutenant made rounds that night.¶
MR. : Would it have anything to do with the fact that she was an Acting Activities Lieutenant?¶
MR. : I mean, no, because I don’t remember, I don’t recall signing the round sheet for that shift.¶
MR. : Cause it looks like all of it looks like all of them are you, right?¶
MR. : Well, some, one thing right here, too, it’s not signed off on here, either.¶
MR. : So the bottom aren’t signed off on. Well, who —¶
my signature. I didn’t make rounds. The only thing I could, I could assume is maybe asked me to sign because she made the round, but she is not an actual lieutenant. But I don’t recall.¶
MR. : But would have she had, like, literally have been allowed to bring, take the —¶
MR. : No. No. That’s the thing. They can’t leave the unit until morning watch. This gets sent down for the morning watch.¶
MR. : All right.¶
MR. : Like, when came in for Saturday morning watch —¶
MR. : Uh-huh.¶
MR. : — this, after midnight, between 11:30 and 12 is the last round for the evening shift. Then this gets sent out. That’s why I’m looking at this, look, it’s on this one. It’s on this one, but where is it here? It’s not here. It’s not here. So, what, was one tier, two tiers done and not the other? There’s six tiers up there.¶
MR. : And they’re all for 8/9/2019? So, we got some kind of discrepancy¶
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