FD-302 (Rev. 5-8-10)¶
-1 of 3-¶
FEDERAL BUREAU OF INVESTIGATION¶
Date of entry 10/02/2019¶
EMPLOYEE 4, Material Handler, at Bureau of Prison’s (BOP) METROPOLITAN CORRECTIONAL CENTER (MCC), 150 Park Row, New York, New York, date of birth (DOB), was interviewed at the United States Attorneys Office (USAO), Southern District of New York (SDNY), 1 St. Andrews Plaza, New York, New York. Present for the interview were FBI Special Agent (SA), Office of the Inspector General (OIG) SA Assistant United States Attorney (AUSA) and EMPLOYEE 4’s attorney. AUSA advised the same standard proffer agreement that was in effect for EMPLOYEE 4’s first interview applied to this interview as well. After being advised of the identity of the interviewing investigators and the nature of the interview, EMPLOYEE 4 provided the following information:¶
verified he worked his normal shift, 8am-4pm, on August 9, 2019 in the warehouse, receiving orders and preparing carts to take to the second floor where the Commissary is located at MCC. Commissary in that he brought items/supplies to Commissary, and from there, the items would be distributed by those working Commissary. On the day of August 9, 2019, during the 8am-4pm shift, Commissary helped distribute some of the commissary to inmates in the Special Housing Unit (SHU) with another Officer, possibly Officer CHIMMINGS, who showed Commissary how to do commissary in the SHU. It took 20 minutes at the most going cell to cell to distribute the commissary. This was possibly during the timeframe of 11am-1pm.¶
During his 8am-4pm shift, EMPLOYEE 4 was asked to do overtime in the SHU. He began his overtime shift in the SHU at approximately 4:15pm. EMPLOYEE 4 was not in the SHU for the 4pm count. The 4pm count was done by the Officers working in the SHU at that time, DAVIS and NOEL. EMPLOYEE 4 was told by either DAVIS or NOEL that the 4pm count had already been done. EMPLOYEE 4 helped NOEL with the feed, which is when the Officers take food to the inmates. This¶
by¶
This document contains neither recommendations nor conclusions of the FBL It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.¶
SDNY_00017994 EFTA_00001260¶
EFTA00135607¶
FD-302a (Rev. 5-8-10)¶
90A-NY-3151227¶
Continuation of FD-302 of (U) Interview of EMPLOYEE 4¶
On 09/30/2019, Page 2 of 3¶
usually happens after the 4pm count clears, which is usually 5pm. But on this day, it could have been earlier than 5pm.¶
EMPLOYEE 4 then picked up the food trays after the feed. It was either during the time he was picking up food trays or after that EMPLOYEE 4 did the rest of the commissary in the SHU. EMPLOYEE 4 stated that NOEL would have had to be at the grill of each tier in order for him to go down range to do the commissary.¶
After hearing what he said in his initial interview regarding the situation with the two inmates who threatened to commit suicide, EMPLOYEE 4 stated that the information sounded correct but he couldn’t be completely sure about the time.¶
EMPLOYEE 4 advised that the commonfare that was fed to Epstein came from the kitchen. EMPLOYEE 4 said that he spent no more than 60 seconds on L-Tier when he delivered food to Epstein that night. EMPLOYEE 4 didn’t recall if he or another Officer went back to L-Tier after Epstein was fed. During the rest of his shift, EMPLOYEE 4 said that he was mostly sitting at the desk or was near the desk so he would have seen if someone went up to L-Tier.¶
DAVIS left between 9:55pm-10:00pm. EMPLOYEE 4 didn’t know if went up to L-Tier before he left. He didn’t remember going up to Epstein’s cell but stated that may have waved or gave a head nod to Epstein, who’s cell one can see from the desk. EMPLOYEE 4 also stated that had told him that he waved to Epstein before he left.¶
EMPLOYEE 4 didn’t recall telling him that Epstein was a priority and to check on him that night. He also didn’t remember if Officers walked up to any Tiers around 9:20pm or at 10:30pm that night in the SHU. EMPLOYEE 4 stated that the reasons an Officer would walk up to any Tiers by themselves would be if an inmate was shouting or asking questions. EMPLOYEE 4 said that NOEL probably had the grill key to the Tiers. There’s not a set person per shift that has the grill key. This is usually decided on the spot as to who will have this key. EMPLOYEE 4 advised that it is against MCC policy to go down Tiers alone without another Officer assisting. EMPLOYEE 4 didn’t know if NOEL would’ve taken the risk of going up to the Tiers and going down range alone.¶
was relieved at approximately 11:50pm on August 9, 2019 to go¶
SDNY_00017995¶
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EFTA00135608¶
FD-302a (Rev. 5-8-10)¶
90A-NY-3151227¶
Continuation of FD-302 of (U) Interview of EMPLOYEE 4, On 09/30/2019, Page 3 of 3¶
home.¶
SDNY_00017996¶
EFTA_00001262¶
EFTA00135609¶