4 DIGITALLY RECORDED

1 2 3 4 DIGITALLY RECORDED 5 SWORN STATEMENT 6 OF 7 8 9 OIG CASE #: 10 2019-010614 11 12 13 14 15 16 17 18 DEPARTMENT OF JUSTICE 19 OFFICE OF THE INSPECTOR GENERAL 20 SEPTEMBER 1, 2021 21 22 23 24 25 26 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: (818) 431-5800 EFTA00061431 LIMITED OFFICIAL USE 1 APPEARANCES: 2 3 OFFICE OF THE INSPECTOR GENERAL 4 BY: 5 BY: 6 7 8 WITNESS: 9 10 11 12 OTHER APPEARANCES: 13 NONE 14 15 16 17 18 19 20 21 22 23 24 25 26 EFTA00061432 LIMITED OFFICIAL USE 3 1 : My name is 2 and I am a Senior Special Agent with 3 the Department of Justice Office of the 4 Inspector General, New York Field Office. And 5 these are my credentials. This interview with Federal Bureau of Prisons Lieutenant 7 is being conducted as part of an 8 official U.S. Department of Justice Office of 9 the Inspector General investigation. Today's 10 date is September 1, 2021 and the time is 12:22 11 p.m. This interview is being conducted at the 12 Metropolitan Correctional Center located in New 13 York, New York. Also present is DOJ OIG 14 Special Agent This interview 15 will be recorded by me, SSA 16 Could everyone please identify themselves for 17 the record and spell your last name. To start, 18 again, I am DOJ OIG Senior Special Agent 19 20 : This is DOJ OIG Special Agent 21 . And these are my 22 credentials. 23 : And then can you say your 24 last name, Ma'am? 25 EFTA00061433 LIMITED OFFICIAL USE 1 2 : Thank you. This is an 3 official DOJ OIG investigation into the death 4 of inmate Jeffrey Epstein and the surrounding 5 circumstances and you're being asked to 6 voluntarily provide answers to our questions. 7 Will you agree to a voluntary interview with 8 the DOJ OIG? 9 : Yes. 10 : Thank you. So we have 11 the Warnings and Assurances to Employee 12 Requested to Provide Information on a Voluntary 13 Basis. Sorry. You are being asked to provide 14 information as part of an investigation being 15 conducted by the Office of the Inspector 16 General. This investigation is being conducted 17 pursuant to the Inspector General Act of 1978 18 as amended. This investigation pertains to job 19 performance failure and security failure. This 20 is a voluntary interview. Accordingly, you do 21 not have to answer questions. No disciplinary 22 action will be taken against you if you choose 23 not to answer questions. Any statement you 24 furnish may be used as evidence in any future 25 criminal proceeding or agency disciplinary EFTA00061434 LIMITED OFFICIAL USE 1 proceeding or both. And there's a waiver 2 section. It says, I understand the Warnings 3 and Assurances stated above and I am willing to 4 make a statement and answer questions. No 5 promises or threats have been made to me and no 6 pressure or coercion of any kind has been used 7 against me. This is the form if you want to 8 take a look and read it. If you agree, there's 9 a place where you can sign for employee 10 signature. 11 : You want employee you 12 said? 13 : Yeah, the employee 14 signature. 15 : Print your name below that. 16 : Thank you very much for 17 signing and printing your name. I appreciate 18 that. I'm going to put in the date. Again it 19 is September 1, 2021 and the time is now 12:25 20 p.m. And I am signing as the OIG Special Agent 21 and printing my name. 22 : This is Special Agent 23 I'm signing as a witness. 24 : And you just fill out the 25 rest and say place for MCC. Yeah. All right. EFTA00061435 LIMITED OFFICIAL USE 6 1 2 3 4 5 And did you understand the form that you were just provided? Yes. All right. Great. Thank you. Before starting the interview, I'd like to place you under oath. Lieutenant 7 , can you please raise your right hand. 8 Do you swear to tell the truth and nothing but 9 the truth during this interview? 10 : Yes. 11 : Thank you. Okay. What is 12 your current position with the BOP? 13 : I'm a Lieutenant. 14 : Okay. Were you 15 previously interviewed on this investigation on 16 August 14, 2019, and again by myself and 17 Special Agent on June 14, 2021. 18 : I don't remember the 19 dates, but I have been previously interviewed. 20 : Okay. Great. Thank you. 21 And earlier this summer by the two of us, 22 correct? 23 : Yes. 24 : Great. When reviewing 25 your transcript from June 14, 2021, some of EFTA00061436 LIMITED OFFICIAL USE 1 your answers were a little unclear and we are 2 here today in hope that we can clear up some of 3 those answers. Is it correct that you worked 4 on August 10th, morning watch shift, at the MCC 5 starting on August 9, 2019 at 10:00 p.m. 6 through August 10, 2019 when you were relieved 7 by oncoming lieutenant at approximately 5:30 8 a.m.? Here's the Friday, August 9th and 9 Saturday August 10th are the daily assignment 10 rosters. And this is - the dates that we're 11 talking about is the day before Epstein was 12 discovered and the day Epstein was discovered. 13 So the Friday and Saturday. 14 : According to the 15 roster, I worked the morning watch shift on 16 Friday August 9th and Saturday August 10th. 17 : And at that time, is it 18 correct that the morning watch shift actually 19 started the night two hours prior to what the 20 schedule says. You would actually have started 21 at 10:00 p.m. instead of midnight. 22 : Those were the times 23 that we relieved each other. Yes. 24 : Okay. So in this case, 25 so it's specifically talking about your August EFTA00061437 LIMITED OFFICIAL USE 8 1 10th shift. Would have you started on August 2 9th at 10:00 p.m. and that shift would have 3 ended a little before 6:00 a.m. on August 10th? 4 : Yes. It just depends 5 on what time we're relieved. 6 : Right. 7 : Yeah. 8 : Okay. Now you mentioned 9 to us, but is it true on August 10, 2019, you 10 stayed later than 5:30 a.m.? 11 : Yes. 12 : Okay. Do you recall when 13 you left the MCC on August 10, 2019? 14 : No, I don't. 15 : Okay. So in your 16 interview in June 2021, you noted that you had 17 heard about Epstein's medical emergency around 18 7:00 a.m. and went up to help with feeding. Do 19 you recall what you would have been doing from 20 approximately 5:30 a.m. until 7:00 a.m.? 21 : Yeah, I was finishing 22 up my paperwork. 23 : Paperwork? 24 : Yes. 25 : Okay. EFTA00061438 LIMITED OFFICIAL USE 1 : Yep, from the 2 previous shift, yes. 3 : Okay. 4 : I was finishing up 5 paperwork. 6 : And what kind of 7 paperwork do you finish up before you leave? 8 : We have various 9 paperwork. I don't - I can't remember that 10 night if I had had an incident and was still 11 working on 583 packets. But we had like a 12 report that we had to do every night. I still 13 -. I don't remember exactly what I was doing, 14 but I don't know if I was doing the -. I 15 forgot what it's called now. But it's a - like 16 a report that we do of what happens throughout 17 the day -. 18 : The lieutenant log? 19 : That's the count and 20 stuff like that included. It's like a little 21 daily news type thing report. 22 : Is that the lieutenant 23 log? 24 : It's not the 25 lieutenant's log. But I could have been making EFTA00061439 LIMITED OFFICIAL USE 1 entries into the lieutenant's log as well. 2 : The daily activity 3 report? 4 : The daily activity 5 report. Yes. 6 : Okay. So it's the daily 7 activity report that - at least with ours, we 8 always get it - that goes along with the 9 lieutenant log. 10 : Yeah, the daily 11 activity report, the log. I might have been 12 still doing changes in the roster at the last 13 minute. Things to that effect. 14 : Okay. And do you recall 15 what time you were in the SHU helping with 16 feeding? Was this after Epstein's emergency? 17 : It was after. 18 : Right. Do you recall for 19 approximately for how long? You said you went 20 up there around 7:00 a.m. to help with the 21 feeding. Do you recall how long you were 22 there? 23 : I'm not sure how long 24 I was up there because there were no other 25 staff members there. And as other staff EFTA00061440 LIMITED OFFICIAL USE 11 1 members came, it was us - I said I'm going to 2 go because they had additional staff. The only 3 reason why I even stayed up there feeding was 4 to ensure everything was - the feeding was 5 taken care of. Because they didn't have any 6 additional staff up there. 7 : Okay. 8 : And I don't know what 9 time additional staff came. I wasn't even 10 really looking at the clock that day. Someone 11 needed to be up there. So I just stayed until 12 they got additional staff up there. 13 : Do you remember who was 14 there with you when you were feeding? 15 : I think was 16 the only person that was there at the time. 17 : Was there as well? 18 was there. B1t- 19 wasn't feeding. 20 : Okay. 21 was feeding 22 because I want to say it was just them two 23 there. 24 : Okay. 25 : So was EFTA00061441 LIMITED OFFICIAL USE 1 downrange feeding by himself. So I went 2 downrange and assisted him with feeding. 3 : You say the two of you 4 were feeding together? 5 : Me and 6 : Uh-huh. 7 : Yes, I believe it was 8 9 : Okay. So it wasn't that 10 you fed on one range and he fed on another? 11 You were actually feeding together when you 12 were there? 13 : No, we was feeing 14 together because there's only - we only got the 15 two sets of keys. 16 : Okay. 17 : So yeah, we was just 18 - we was on the same range. 19 : Okay. And do you recall 20 what time you left the SHU though? When you 21 were getting relieved? 22 : I don't recall. I 23 don't know what time it was. 24 : Would have it been right 25 after feeding? Or do you remember if you EFTA00061442 LIMITED OFFICIAL USE 13 1 stayed there that long? 2 : I don't think it was 3 -. It wasn't right after. It wasn't 4 immediately after feeding because like I said, 5 there was nobody there. So and then 6 eventually - she eventually left. I think by 7 the time we were finishing up feedings there at 8 some point I think she left. And a couple of 9 staff came. And then some of them ended up 10 having other things to do because we were so 11 shorthanded. 12 : Sure. 13 : During that time that 14 there was just nobody. We didn't' have any 15 bodies. 16 : Sure. Do you remember 17 though, putting yourself back into that day, do 18 you remember what you would have done after the 19 feeding? 20 : I don't remember what 21 I did. If I wasn't finished with what I was 22 doing, I finished that up and I'm sure I went 23 home. 24 : No-no-no. I'm sorry. 25 When you were in the SHU. Do you remember -? EFTA00061443 LIMITED OFFICIAL USE 14 1 I'm talking specifically about the SHU right 2 now. After the feeding was done, you and 3 were done. Do you remember if you did 4 any other tasks or anything while you were in 5 the SHU? 6 : I don't remember if 7 . I don't remember. I don't remember doing 8 anything else because we fed and then you go 9 the grace point where you're waiting to see - 10 waiting for the inmates to finish so you can 11 get the things from them. But no. No. 12 Nothing in particular comes to mind from like 13 that. 14 : Okay. 15 : You mentioned you would have 16 finished up whatever you were - that you didn't 17 get a chance to complete. What was it that 18 you're talking about? You said that after the 19 feeding, you would have finished up whatever 20 else that you couldn't get a chance to 21 complete. You would have finished up -. 22 : Right. Like if I had 23 - if there was work that I still needed - 24 paperwork that I still needed to get done or do 25 or something like that for my shift. I would EFTA00061444 LIMITED OFFICIAL USE 15 1 have finished that up if that was still due. I 2 don't even know if I even -. I don't 3 don't know if I came and got my stuff and left 4 or if I finished doing the paperwork. I don't 5 know in what order I did that. 6 : Okay. So from our end, 7 we had to review like all the emails and stuff 8 you know for everybody. And see what was going 9 on especially with the daily activities - what 10 we just talked about - the daily activities 11 report and with the lieutenant's log. So this 12 is the email that you sent out. I guess this 13 is what you - maybe you were working on. The 14 daily activity report. 15 : Okay. 16 : As well as the 17 lieutenant's log that was attached. This was 18 sent out at 9:26 a.m. on August 10th. 19 : Okay. 20 : So do you believe that 21 may have been what you were working on? 22 : Like I said, like I 23 said previously, if I was - if I had additional 24 paperwork to do, it was the daily log and 25 probably my lieutenant log or something to that EFTA00061445 LIMITED OFFICIAL USE 16 1 effect. I don't Because I can't remember 2 if I had a 583 packet that I was working on. 3 : Okay. And then what time 4 are these emails with the daily activity report 5 and lieutenant's log. What time are they 6 typically sent out in the mornings? 7 : Whenever we finish 8 them. I mean we try and have them done before 9 the end of our shift. But at that particular 10 time because we didn't have any bodies. And 11 everything took longer. There were times when 12 - sometimes you had things that you didn't 13 expect. Or rounds or something like that took 14 longer. Hiring overtime or something like that 15 took longer. That everything didn't get done. 16 : Okay. 17 : And plus, you know, 18 when you're making rounds -. We were so short 19 and officers were doing so many - officers were 20 being mandated every day during that time. And 21 they have been being mandated every day - five 22 days a week - for months by then. That the 23 officers, you know, they were so tired and 24 exhausted that you spent an additional amount 25 of time talking to them and making sure that EFTA00061446 LIMITED OFFICIAL USE 17 1 they were okay. So everything just ran on. 2 : Okay. So the part - the 3 reason why we're asking is we have - we looked 4 at all the other lieutenant logs that were - 5 this is stapled - sorry. So here, we looked, 6 you know leading up to it. So here's the one 7 you sent from Tuesday, August 6th. It was sent 8 out at 5:16 a.m. And you sent one out of 9 Wednesday, August 7th at 5:03 a.m. You weren't 10 - we didn't' find Thursday's but then you sent 11 one out on Friday, August 9th at 5:11 a.m. So 12 this one is Saturday. This one was at 9:26 13 a.m. And then Sunday's was sent out at 6:15 14 a.m. And then Monday's August 12th, again at 15 6:30 a.m. So just does this help you recall 16 what could have possibly been happening? I 17 know you said you went up at 7:00 a.m. to help 18 with the feeding. So do you know what you 19 would have been doing up until that 7:00 a.m. 20 hour? Being that all these were sent out, you 21 know, anywhere from as early as 5:00 a.m. to as 22 late as, you know, 6:30, 6:30 something a.m. 23 : I'm sure I was still 24 working. 25 : Or 6:36 a.m. EFTA00061447 LIMITED OFFICIAL USE 18 1 : Whatever I was doing, 2 it was pertaining to work. I wasn't sitting 3 here. When I got relieved, if all of my stuff 4 was done, I would have left the building. That 5 would have been no reason for me to be here. 6 : Sure. 7 : And I wouldn't' have 8 wanted to be here. 9 : Mm-hm. 10 : So I was working on 11 work that I needed to complete during that 12 time. 13 : So what other - other 14 than the activities log and lieutenant log, 15 what were the other things you said that you 16 would be doing? 17 : I mean I don't know 18 specifically what I would have been doing on 19 that day. Or I don't even recall everything 20 that happened during the course of that day. 21 You know to even sit here and try and - 22 : Sure. 23 : Conjure up an answer 24 for you to tell you, you know. 25 : But typically, at that - EFTA00061448 LIMITED OFFICIAL USE 1 around that time though, what would you 2 typically be working on aside from the daily 3 activity report and lieutenant's log? 4 : It would be - I would 5 be filling overtime. I would be -. There were 6 a number of things that I could have been 7 doing. I could have been talking to staff or 8 somebody on the phone about something that was 9 going on. It could have been anything. It 10 could have been anything. 11 : Okay. This is the daily 12 activities report and lieutenant's log from 13 August 10th and August 11th. So these are the 14 ones that we just discussed that were in those 15 emails. If you can flip to the actual 16 lieutenant's log. Would you during your shift 17 be reviewing the lieutenant's log and be 18 constantly filling it out as well as the, you 19 know, what happened prior to your shift? 20 : I don't -. I 21 wouldn't necessarily -. I have to look at what 22 occurred prior to my shift unless -. Usually 23 . When I did that, in order to fill this out 24 the daily activity report. In order to do 25 this, sometimes I would reference the EFTA00061449 LIMITED OFFICIAL USE 20 1 lieutenant report if I didn't get a pass down 2 or something like that just to make sure that 3 the information that I felt should be included 4 in this should be documented. But as far as to 5 just look at the lieutenant's log prior to me 6 arriving for - if I wasn't looking for 7 something. Yeah. 8 : So the only time you 9 really reviewed the lieutenant's log is if like 10 you need to go back and look for things? 11 : If I was -. Yeah. 12 If I wanted to look at the information to see 13 if there was something that they documented 14 that they didn't tell me prior to them leaving 15 and shift change or something like that. 16 : And did you - would you 17 typically, if you're going back and reviewing 18 the lieutenant's logs from the previous shifts, 19 would you modify those as well? 20 : No. 21 : You don't ever do that? 22 : No. 23 : All right. So you 24 wouldn't have gone back and modified like a, 25 you know, August 9th that night watch or the EFTA00061450 LIMITED OFFICIAL USE 1 day watch. 2 : If there was 3 something that occurred between 10:00 and 4 12:00, since the shift officially ended at 5 12:00. Like the count or something like that. 6 I would put that in. But that never - I don't 7 even remember when that would have occurred. I 8 mean that was rare if any that that would 9 occur. 10 : Now would you be 11 authorized though to make changes to the 12 lieutenant's logs for the shift -? 13 : That's not making 14 changes. That's adding stuff to it. 15 : No, I'm saying prior to. 16 So you came on at 10:00 p.m., so going to the 17 4:10 p.m. are you allowed to -? And I'm asking 18 this as a genuine question. Are you allowed to 19 make modifications or changes to the 20 lieutenant's logs prior to when you came on 21 board? 22 : That wouldn't be 23 considered a modification or a change. That 24 would be additional information that occurred 25 during that time to the log. EFTA00061451 LIMITED OFFICIAL USE 1 2 : Okay. : Say the count. 3 : Right. 4 : They - if the officer 5 - if the lieutenant wasn't there by the time 6 the 10:00 count cleared. You know. There were 7 times when I would go in and put the time that 8 was the count cleared or something to that 9 effect. 10 : Okay. What about 11 changing like the count numbers or things like 12 that? 13 : If something 14 happened. If an inmate left or something like 15 that - there was a reason why they need to be 16 changed in order for the information to be 17 accurate. Yeah. I mean if something like that 18 would have occurred. But like I said, there 19 was really -. I don't remember offhand this 20 late in - at this time - of an instance when 21 would have to change that. 22 : Sure. So do you recall 23 when -? 24 : I would have to 25 change the count to cause that. EFTA00061452 LIMITED OFFICIAL USE 23 1 : During your interview in 2 June of 2021, just a few months ago, you had 3 mentioned that you were the one that caught an 4 - a discrepancy -. 5 : The inmate that was 6 in R&D. 7 : Correct. 8 : Mm-hm. 9 : So that kind of changed 10 the counts to everything. 11 : Right. 12 : So that's what I'm 13 talking about. So for instance, where I'm 14 pointing to on this like Friday, August 9, 15 2019, all these different count numbers. Would 16 have you then gone back and revised all these 17 count numbers? 18 : It depends on what it 19 effected. 20 : Okay. 21 : People as - I think 22 on the roster, the only count that is on there 23 is the institution count and Ten South count. 24 So unless something changed to those. But the 25 inmate that was in R&D wouldn't have changed EFTA00061453 LIMITED OFFICIAL USE 1 the institution count. The count would have 2 remained the same. 3 : I'm sorry, can you say 4 that again? 5 : The count. The 6 inmate that was -. If you're referring to the 7 innate that was -- 8 : In R&D. 9 : -- in R&D. 10 : Correct. 11 : That wouldn't have 12 changed the institution count. The institution 13 count would still remain the same. 14 : The overall -. 15 : If the institution 16 count was 600, the changes that we have to make 17 to - make corrections to his assignment 18 wouldn't have changed -. 19 : Well it would have 20 changed with what I'm pointing to is the SHU 21 count. 22 : That is Ten South's 23 SHU count. Let me see. 24 : So the SHU count, where 25 it says 75 and then slash the 5 might be Ten EFTA00061454 LIMITED OFFICIAL USE 1 South. 2 : Okay. Okay. 3 : But the SHU count. 4 : Okay. That would 5 have It would have changed the -. It would 6 have changed the SHU count if it hadn't have 7 been changed previously. 8 : So then would you recall 9 if you went in and actually made these changes 10 to make this accurate? 11 : I mean if it was 12 wrong. I probably did. Offhand, I can't tell 13 you if I actually went in there and changed it 14 from what it previously was. Because I don't 15 know - sitting here today, I couldn't tell you 16 what the count was on that day. 17 : Okay. Do you remember if 18 you went in here and there's a - a line in here 19 - let me see - earlier in the day. Let me just 20 highlight some things so you don't have to find 21 it. Okay. So we can just go through this. I 22 highlighted them so you don't have to be 23 searching. Do you know if you made this 24 addition or change with regard to being 25 pre-removed. So it was at 8:38 a.m. to EFTA00061455 LIMITED OFFICIAL USE 26 1 pre-remove? 2 : Oh, no. I don't know 3 why I would be doing that. 4 : No, you wouldn't have 5 added that pre-remove? 6 : At 8:30 the 7 lieutenant - the day - the lieutenant for the 8 day would have still been there. 9 : So you believe 10 whoever the - would that be day watch - whoever 11 the day watch lieutenant was - that would be 12 the person that would add that? 13 : I can tell you who 14 did it. It's on the day watch roster. But I 15 couldn't sit here and give you an honest answer 16 as to who made that change. 17 : But it wasn't you? 18 You wouldn't have done that? 19 : There would have been 20 no reason for me to change an 8:30 entry on day 21 watch. 22 : Okay. And whose 23 responsibility would that have been? 24 : I don't even know who 25 was working that day. EFTA00061456 LIMITED OFFICIAL USE 27 1 : Sure. I'm not saying. 2 I'm saying like what position would it have 3 been like the activities or the ops lieutenant? 4 : I can tell you who's 5 responsible for doing the roster. And it could 6 be either the operations or the activities. 7 : Okay. 8 : You would have to ask 9 the people who were assigned that day about 10 that because -- 11 : Sure. 12 : I would only be 13 guessing. So I don't know. 14 : So the person who put 15 that in there probably would have been the 16 activities or the operations lieutenant for the 17 day watch that would have been working when 18 this happened? Is that correct? 19 : I'm going -. Because 20 it's their roster. But quite honestly, I 21 couldn't tell you who did it. I really can't. 22 : Yeah-yeah -yeah. I know. 23 and I'm not asking - I'm asking you who would 24 be responsible. I was asking first if you did 25 it and you said you didn't. EFTA00061457 LIMITED OFFICIAL USE 1 : I could tell. 2 watch is responsible for their rosters. 3 Evening watch is responsible for their 4 lieutenant rosters. And morning watch is 5 responsible for their -- 6 : Okay. 7 : -- rosters. 8 : What about -? So 9 was the inmate that you discovered in 10 R&D that you told us about after midnight. So 11 are you the one then on this roster that put in 12 that information about saying, it 13 says, I/M. on dry cell with staff 14 watch in R&D. And then down here at 3:15 p.m. 15 same thing. I/M. placed on dry cell 16 from II. 17 : I don't know if I did 18 that. 19 : Because you said you were 20 the one who discovered him in R&D, right? 21 : I didn't discover him 22 in R&D. He was already in R&D. 23 : Right, but he was 24 : I was informed that 25 he was in R&D. I didn't discover him. It EFTA00061458 LIMITED OFFICIAL USE 1 wasn't like he was in there unattended. 2 : Right. 3 : I mean he -- 4 : No-no-no. 5 : -- didn't get there 6 by himself. 7 : But he wasn't ever placed 8 in R&D. His - the count - he was still counted 9 in the SHU up until you made the change that 10 you told us about after midnight. 11 : The thing with the 12 innate in R&D was that the officers were 13 notifying me that there was an inmate in R&D. 14 : Who was telling you this? 15 : The officers up in 16 SHU. 17 : Okay. 18 : And they weren't sure 19 how the inmate was to be counted I think it 20 was. And I didn't know that the inmate was in 21 R&D. So I was like well let me get a little 22 bit more information on what's going on. You 23 know, before I determine what we're going to do 24 because I don't know the status. We have - as 25 far as I know, there could be - it could have EFTA00061459 LIMITED OFFICIAL USE 30 1 been a new commit in R&D or something to that 2 effect that was going back - that was being 3 placed in the unit or something like that. 4 : So this is going to be to 5 help you kind of recollect what we talked 6 about. Here's the daily log. And on the third 7 page it shows that -. 8 : He was changed from 9 SHU to R&D or something like that. 10 : This is actually 11 So here's the one. It shows that - 12 yeah, he was - this is when - and I believe 13 you're the one who told us that you did this. 14 But on 8/10/2019, he was moved from SHU and 15 placed in R&D. So here's the inmate history - 16 the quarters - for 17 : Okay. 18 : And you had mentioned 19 before that this is during the count, you 20 realized that the count was off, so you had to 21 make that change. 22 : We have to move him 23 from SHU and place him in R&D. Yes. 24 : Correct. So when you did 25 that, did you go back? Or at some point during EFTA00061460 LIMITED OFFICIAL USE 31 1 your shift did you - or after your shift - just 2 in general - did you make the additions to 3 with - up here - being on 4 dry cell and R&D. And then here 5 being placed on dry cell from II. 6 : I don't remember if I 7 did that. 8 : Is that something you 9 would have done? 10 : It depends on what 11 was already in the log. I don't -. I don't 12 know. I don't. I mean -. It would have 13 depended on what was in log. I don't even know 14 if I went back to the log to see what was 15 reflected in the log. Because as long as i 16 made the change on my shift, I don't know 17 mean I don't mess with people's logs. So as 18 long as I make the change on my shift and made 19 sure that it reflected correctly on my shift, I 20 can't see going beck looking at what somebody 21 else wrote on their sheet. 22 : Okay. So the reason why 23 we think maybe you did - and we're just asking 24 if it was you who may have did it - because if 25 you notice, when you came on the end of your EFTA00061461 LIMITED OFFICIAL USE 32 1 shift. You said 10:00 p.m. About 12:00 a.m. 2 when he was relieved the duties by it 3 says there are 72 inmates in the SHU. And then 4 on August 10th at the beginning of the shift, 5 it shows that there were 73 inmates in the SHU 6 being because was moved at 12:35. 7 One SHU correction, , dry cell, RA. 8 : Okay. So what are 9 you saying? 10 : So I'm asking if you made 11 the changes. 12 : No -. 13 to the August 9th. 14 : I don't - I don't 15 know. I don't know if I did or not. 16 : So you don't recall if 17 you made these changes or if you added -? 18 : Today from that day 19 to this one, no I don't recall. 20 : Because this - is it true 21 that this number right here 72 should it say 72 22 here? Why would this one say 72 but this say 23 73? 24 : What do you mean? 25 : So at the end -. EFTA00061462 LIMITED OFFICIAL USE 1 2 : What date is this? : This is August 9th at - 33 3 it's going into August 10th. So I guess at 4 11:59. But on this it says, "clear institution 5 count 10:43 p.m. - 72." 6 : Oh, because it - 7 because at 12:00 when I came in, that was the 8 count that was noted. 9 : Yeah, well -- 10 : 73. 11 : -- but these counts also 12 on the count slip in the El was 73, but someone 13 must have gone back and changed it to 72. 14 : Okay. I don't know if I 15 did that. 16 : Okay. Was that something 17 you would have done? We're just trying to 18 figure out why are these numbers not showing 19 what the institution count says. 20 : I can't tell you 21 that. Because like I said, I'm concerned about 22 what's on my roster. If my roster reflects 73 23 at 12:00, why would I in turn go back and 24 change the previous day's count to 72? That 25 doesn't make any sense. EFTA00061463 LIMITED OFFICIAL USE 34 1 : Well that's what we're 2 trying to figure out because -- 3 : Okay, well I -. 4 : -- these counts aren't 5 matching up with what the Els were saying or 6 what the counts slips were saying. 7 : Okay, well I can't 8 help you with that. 9 : So we're just - since 10 you're the one who figured out that 11 he was being counted in the SHU up until this 12 point. He was - according to this roster, this 13 lieutenant log, at 3:15, he was moved. Well he 14 was never moved on any of the count slips or 15 any of the Els or any of that. He was always 16 being counted in the SHU. Although, the 17 lieutenant's log is showing that he wasn't. So 18 the lieutenant logs are saying one thing but 19 the El and the count slips are saying something 20 different. So we're trying to figure out who 21 went back and changed these numbers? Who went 22 back and made these additions. The only 23 logical explanation would be since you're the 24 one who actually coded him from the SHU to R&D, 25 the thought is, oh you must have. You must EFTA00061464 LIMITED OFFICIAL USE 35 1 have went back and corrected everything. 2 : I don't know how you 3 came to that conclusion that it was me when -. 4 : Because he's completely - 5 Okay, sorry. I didn't want to interrupt 6 you. When what? 7 : When my beginning 8 counts say 73 and five, so why would I go back 9 to day watch or some other shift -- 10 : Well because you started 11 at -- 12 : -- and change their - 13 14 : -- 10:00 p.m. The 10:00 15 p.m. count shows 72. 16 : Okay. So maybe 17 somebody went back and changed what I said. 18 Maybe they changed something that I wrote. 19 mean -. 20 : Why would have they 21 changed what you wrote? You're the one who 22 discovered it. You have entered in one 23 correction, to dry cell, brings it 24 down to that 72 number down to 72. These 25 numbers never showed 73. It said 72. EFTA00061465 LIMITED OFFICIAL USE 36 1 : Because this is what 2 he had - 72. That is what he had. He had 72 3 and five before I came on duty. He had 72 and 4 five. 5 : Okay. Here's the 10:00 6 p.m. count - 73. And this was - you were there 7 for that, right? 8 : The 10:00 p.m. count 9 is already in progress by the time I get there. 10 : Right. 11 : A lot of the times. 12 : But it was at 10:30 p.m. 13 is when it was cleared. And on the 14 lieutenant's log, the 10:43 p.m. clear 15 institution count announced, it says 72. 16 : You said at -. Mind 17 you, I wasn't even aware that this dude was in 18 R&D until I was taking the 12:00 count. That's 19 when they notified me that there was an inmate 20 in R&D. That's when I started looking into all 21 of this stuff. 22 : Okay. So on that note, 23 you said that's when you started looking into 24 the stuff. We have - on this 10:00 p.m. count, 25 you notice on all the count slips, they're all EFTA00061466 LIMITED OFFICIAL USE 37 1 -. So it says there were 73 in • and zero in 2 RA. Right? So RA is R&D, correct? On the El. 3 : What is it? RA? 4 : It says RA - it's 5 actually R&D, correct? 6 : Yes. 7 : And there is zero in that 8 it says at this 10:00 p.m. count on August 9th. 9 : I can't see that from 10 way over there. 11 : Sorry. 12 : Yes, it's showing 13 that there were zero. 14 : So zero in R&D and it 15 says 73 in II, which is SHU, correct? So R&D 16 we've got a count slip. It shows R&D one. And 17 then we have a count slip that says 73 plus 18 one. So -. 19 : 73 plus one? 20 : It says 73 plus one. We 21 think it maybe was supposed to say 73 minus 22 one. And we're not sure. 23 : No. 24 : But we have a count slip 25 for R&D so if you notice, all of the other EFTA00061467 LIMITED OFFICIAL USE 38 1 count slips are crossed off. These count slips 2 are not. So the R&D count slip is not crossed 3 off. The SHU count slip is not crossed off. 4 When we talked to the , who says - was 5 doing the count slip, who was doing the count, 6 he said this -. It says 9S plus one. And this 7 73 plus one, would never have -. He would have 8 never written that without the approval of the 9 ops lieutenant if he actually wrote that. 10 : Okay. Well you 11 probably should ask him what ops lieutenant 12 gave him the approval to do that. 13 : Well you were the only 14 ops lieutenant on duty. 15 : I did not find out 16 anything about this inmate being in R&D until 17 the 12:00 count. 18 : Okay. So at 12:00, we've 19 talked to the people that were in the SHU. And 20 they said they never had such a conversation 21 with you. So the thought is maybe you had the 22 conversation at 10:00. 23 : No. Look, no. No. 24 : We're just trying to put 25 the pieces together because it doesn't make EFTA00061468 LIMITED OFFICIAL USE 1 sense -- 2 : Okay, well -. 3 : -- by looking at all this 4 stuff. 5 : Okay, well you're not 6 going to put the pieces together by speculating 7 because I didn't find out -. And to be honest 8 with you, I think it was was 9 the one who brought it to my attention. 10 said he never did. 11 : Okay. 12 : He never had a 13 conversation with you. 14 : Okay. Well. 15 may not remember. But I didn't talk to anyone 16 at 10:00 about this one plus inmate. That 17 When we was taking the 12:00 count, that's when 18 this came up about the inmate being in R&D or 19 whatever, which is why the changes occurred at 20 12:00. 21 : Okay. Because yeah, I 22 mean -- 23 : I don't even -- 24 : -- when we last talked 25 you said that you had - you know, you had to go EFTA00061469 LIMITED OFFICIAL USE 40 1 back and do a lot of things in order to make 2 the changes and make sure that he was in R&D. 3 Well this El was printed out at 00:35:17, 4 where's the MA Quarter History? There it is. 5 The change was made at 00:35. 6 : Right, after the 7 12:00 count. 8 : So 12:00 count, the El is 9 printed out the exact same minute that the 10 change was made. So if you had to verify these 11 things, how is the El printed out at 00:35 and 12 the quarter - the change made from him going 13 from the SHU to R&D also at 00:35. 14 : We have to do a new 15 El when the count changes. 16 : Okay. 17 : When the count is 18 effected, we have to run a new El. 19 : All right. So then you 20 would have -. 21 : To reflect the 22 change. 23 : So you were able to that 24 quickly during this count be able to like 25 figure all that out rather than -. And the EFTA00061470 LIMITED OFFICIAL USE 41 1 theory that we have is that - and I don't know 2 that there's anything wrong with this. We just 3 need to put the pieces together. 4 : I can't help you put 5 the pieces together because -- 6 : Do you know -? 7 : -- what I'm telling 8 you is that at 12:00, when I was taking the 9 12:00 count, that was the count that I always 10 took for the most part, because I was busy 11 doing overtime trying to fill overtime and 12 stuff like that when I first got in. So the 13 first count that I would have taken was the 14 12:00 count. That's when it came to my 15 attention. That's when I happened - after I 16 figured out what was going on - that's when we 17 did the change in the computer so that it would 18 reflect the accurate count. I would never have 19 someone turn in a count slip with seven plus 20 something on there. That's not even how the 21 count slip - that I'm accustomed to doing - is 22 done. 23 : Okay, so do you mean for 24 this 10:00 p.m. count, you know nothing about 25 this 9S plus one or this 73 plus one? EFTA00061471 LIMITED OFFICIAL USE 1 : No. 2 : You've never seen those 3 before? 4 : No. 5 : No? Okay. So per 6 who said that he got the approval of the ops 7 lieutenant - yourself - to do that, he's lying 8 to us? 9 : I never gave anyone 10 the approval to do 70 something plus something 11 on a count slip. Because I didn't even know 12 that the inmate was in R&D before the 12:00 - 13 before I went into control -- 14 : Okay. 15 : -- to take the 12:00 16 count. 17 : And are you sure you 18 talked to and not potentially 19 at 10:00 p.m.? 20 : I don't think it was 21 22 : Because was 23 working at 10:00 p.m. and is one of 24 the individuals who was listed on the 10:00 25 p.m. count. and didn't' EFTA00061472 LIMITED OFFICIAL USE 1 come in until 12:00 a.m. does not 2 recall ever having a conversation with you. 3 : Okay, well that 4 doesn't surprise me. I mean has 5 witnessed a traumatic event. I mean - and 6 you're talking about a timeframe that was 7 several years ago. I'm telling you what I just 8 said. Now if the pieces doesn't fit or if 9 you're speculating somehow that, you know, I 10 did all of this, then I don't know what I can 11 do to change your mind. 12 : No-no-no. 13 : I'm telling you. I'm 14 telling you. You asked me a question. I've 15 given you an answer. And I would prefer to 16 move on. 17 : Okay. So to wrap it up 18 then, what you are saying is you had no 19 involvement with the 10:00 p.m. count? 20 : I did not having 21 nothing to do with the 10:00 p.m. count as far 22 as the count slips and in reference to this 23 inmate being in R&D. Because I wasn't even 24 aware that we had an inmate in R&D. And most 25 especially to the point whereby he wasn't EFTA00061473 LIMITED OFFICIAL USE 1 already moved or whatever. Changes to his 2 status hadn't even been moved. 3 : And do you know if 4 or anyone else would have gone back to - after 5 you made the discovery - would they have gone 6 back and wrote in this 9S plus one? 7 : I don't -. 8 : And this -. 9 : I -. Why would I 10 even -? If I didn't know it was happening, why 11 would I have any reason to believe that? 12 : Well the reason why I'm 13 asking is obviously because like I showed you 14 before on the daily activities lieutenant - or 15 the daily log - the lieutenant's log - it shows 16 73 when you - your shift technically started on 17 paper at 12:00. But at 10:00 p.m. it showed 18 72. But again, at 10:00 p.m. we got a count 19 slip that says 73 and now plus one. And we 20 have an El that says 73. So someone made 21 changes. So someone made changes. We're just 22 trying to figure out who made these changes. 23 Because you're the only one that would have 24 access to the lieutenant's log. And you didn't 25 send out the lieutenant's log -- EFTA00061474 LIMITED OFFICIAL USE 1 : I'm not the only 2 person -- 3 : -- and activities report 4 5 : -- who has access to 6 the lieutenant's log. 7 : But from -. 8 : Every -. Every -. 9 Every - there's a lot of people who have access 10 to the lieutenant's log. 11 : But that's what we 12 covered in the beginning. You said that you 13 were probably working on the activities report 14 and lieutenant's log. And you didn't send it 15 out this day until 9:26 a.m. 16 : Let me tell you 17 something. 18 : -- on August 10th. 19 : I could go to the - I 20 could go and access the lieutenant's log right 21 now and make changes to it. From however long 22 ago those lieutenant logs were in the computer. 23 : Yeah, well -- 24 : Okay? 25 : -- this one we have your EFTA00061475 LIMITED OFFICIAL USE 46 1 email where you sent it out. So we know the 2 exact lieutenant's logs that you sent out 3 because we have them. That's why I showed you 4 the emails. 5 : Okay. Between the 6 time that I sent those logs out and the next 7 day, so anybody who have access to those 8 lieutenant's log could have made changes to 9 them. 10 : Isn't it true they're on 11 a shared folder that only the lieutenants have 12 access to? 13 : Anyone who had - 14 everyone who has access to those lieutenant's 15 logs, at any point in time can go in there and 16 make changes to it. 17 : So on the morning watch, 18 who has access to the lieutenant's log? 19 : It depends on who is 20 in the building. 21 : So you're the highest 22 ranking official as the ops lieutenant in the 23 building, right? 24 : If I'm here, well we 25 all - I mean we all know that I have access to EFTA00061476 LIMITED OFFICIAL USE 47 1 the rosters. But I'm not the only person who 2 have access to the lieutenant's logs. There 3 are other people in this building who have 4 access to the lieutenant's account that has 5 access to the lieutenant's log. 6 : But the captain wasn't 7 here in the morning - on the morning watch. 8 : How do you know those 9 changes was even made on morning watch? 10 : You sent out the email at 11 9:26. 12 : Okay. You talking 13 about the day before the day watch and all of 14 this other stuff. So. 15 : No, I'm talking about on 16 August 10, 2019, at 9:26 a.m., where it was 17 always sent out at like almost closer to 5:00 18 a.m. the days before, and you even said, I was 19 probably working on the activities report and 20 the daily lieutenant's log. 21 : My lieutenant's log. 22 : Right. So the thing that 23 you sent out was - you sent out both of these. 24 : All the logs for that 25 day is sent out. That's something that they're EFTA00061477 LIMITED OFFICIAL USE 1 the first day. 2 : Correct. But the big 3 thing that was discovered on your shift had to 4 do with was always - the 5 whole day on August 9th - including the 10:00 6 p.m. count - was still keyed into the SHU. He 7 was never keyed out of the SHU and placed into 8 R&D even though we have R&D count slips. 9 There's nothing on the Els that say anything 10 about R&D - about him being in R&D - it's only 11 that he's ever been in the SHU. So we're just 12 trying to figure out. You sent this out. Your 13 email - it was your email. You're the one who 14 sent this out. So the fact that you were 15 working on it and you sent it out, you're the 16 only one there that had access to it from 10:00 17 p.m. to 6:00 a.m. that we are aware of. Who 18 else could have made those changes? 19 : What changes - what 20 changes are you talking about? 21 : We're asking about, like 22 I said, this addition saying was on 23 dry cell at - you must have done this one at 24 12:35 a.m. -. 25 : Oh my God. EFTA00061478 LIMITED OFFICIAL USE 1 : And the -. 2 : And you're 3 : Again, look. This is 4 : No, I'm not. No. 5 from August 10th. 6 : No, I'm done. No. 7 : This is from August 9th. 8 : I'm done looking at 9 it. 10 : This says 72 on August 11 9th. And then 12:00 a.m. - 12:00 a.m. This 12 one says 72. This one says 73. So someone 13 must have gone into this and made all the 14 changes here. And someone must have gone in 15 and - I mean, it's almost - like I was going to 16 say. Hey, that's -. It seems like you made 17 things accurate. Because you're -. I thought 18 you were the one that would have wanted to say 19 okay, I figured out that at 3:15 p.m., 20 was actually placed on dry cell from 21 the SHU. And you probably -- 22 : The shift - the shift 23 before me knew that he was on dry cell. He was 24 on dry cell when I got here. So what would 25 make you think that those entries weren't in EFTA00061479 LIMITED OFFICIAL USE 1 the runs from previously? 2 : Because all the numbers 3 are wrong. 4 : Okay, what does that 5 have to do with me? 6 : The numbers are actually 7 right. They're wrong on the E2 and they're 8 wrong on the count slips. 9 : God. Come on now. 10 You don't going to check. 11 : So these are - these 12 numbers show how many were actually in SHU. 13 Although the El - institution count - and the 14 count slips show that he was in SHU. So these 15 aren't' adding up to these. So the only 16 logical explanation is the person who found out 17 that he was actually not in SHU and was in R&D 18 made the corrections. 19 : I didn't find out 20 that he was in -. I found out in SHU because I 21 didn't know. I didn't. He was in SHU already, 22 so somebody had to -. 23 : No, he wasn't in SHU. He 24 was in R&D. 25 : Okay. He was in SHU EFTA00061480 LIMITED OFFICIAL USE 51 1 before he was in R&D. So. How did he get to 2 R&D? I guess I put him in R&D too? And then I 3 had somebody call me and tell me he was in R&D? 4 : No, that's what -. The 5 question was going to be next, how did you 6 learn that he was actually placed in the SHU 7 from R&D. I mean you were included on an email 8 that was sent from the SHU OIC to the previous 9 ops lieutenant stating what happened. So that 10 would be - that was going to be a follow-up 11 question. Is this how you learned? So here is 12 an email. It's from and it's to 13 - you're one of the individuals - and it says, 14 subject - medical assessment for 15 Leonardo, Friday, August 9, 2019, at 3:11 p.m. 16 So this is the assumption was that you probably 17 went back to your emails when you were doing 18 the verification. And said oh, this must have 19 been when it happened. 20 : When what happened? 21 : When was moved. 22 : This is a - an all 23 lieutenant email. It has all of the 24 lieutenants on it. 25 : Yeah, but again, there's EFTA00061481 LIMITED OFFICIAL USE 52 1 only one lieutenant who found out and actually 2 made the - keyed him from SHU to R&D. That was 3 you. 4 : Because it was wrong. 5 He was in the wrong place. 6 : Right. And you corrected 7 it. We're not -. I don't know why we're - I 8 mean -. 9 : You're the one that 10 keeps dragging this out. Because you're trying 11 to find an answer to something that I can't 12 give you. 13 : Okay. So you don't - you 14 do not believe -. 15 : You're trying to make 16 - you have a scenario. Or and you're trying to 17 make it fit somehow into a conclusion that 18 somehow I was involved. So you can get the 19 answer to whatever it is you're inquiring 20 about. I have given you the information that i 21 have. 22 : Okay. So I'll ask it 23 then this simply. 24 : I'm done. I'm done. 25 : Did you go -? EFTA00061482 LIMITED OFFICIAL USE 53 1 : I'm done with that. 2 I'm done with that because I have given you -- 3 : But it's been -. 4 : -- more than enough 5 information. 6 : The reason why we're here 7 is because -- 8 : You're trying - 9 you're trying -. 10 : -- when we're looking at 11 you, the way you answer questions and you don't 12 answer them directly. So we're just asking the 13 direct question. Did you make any changes to 14 the numbers on this August 9, 2019 SHU count? 15 : I'm answering your 16 questions to the best of my ability pertaining 17 to anything and everything that I remember from 18 that day several years ago. 19 : So you can either say 20 "yes," "no" -- 21 : Do you -? 22 : -- or I don't know. 23 : Do you know how many 24 things were going on? How many -? Do you know 25 the stuff we was dealing with in this building EFTA00061483 LIMITED OFFICIAL USE 1 during that time? 2 : I get it. But your 3 answers -. 4 : I don't think you do. 5 I don't think you do. 6 : -- aren't clear. And the 7 reason why we're back here is because -. All 8 I'm saying Did you make any changes to the 9 August 9, 2019 lieutenant's log where the 10 numbers are right here where I'm pointing to on 11 the SHU? 12 : I've already answered 13 that. 14 : No, you did not. 15 : Yes I did. 16 : How did you answer it? 17 : What reason - what 18 reason would I have to -? 19 : That is not an answer. 20 : Okay. Well I don't 21 know what to tell you. 22 : That is not an answer, 23 Ma'am. 24 : Okay. 25 : The answerer is yes, no, EFTA00061484 LIMITED OFFICIAL USE 55 1 or I don't know. 2 : I don't know what to 3 tell you because you're sitting here trying to 4 get me to tell you something that I did 5 something. And give you a definite answer as 6 to whether or not I did it. And I can't do 7 that because -. 8 : Well I gave you an answer 9 of "I don't know." 10 : My roster - my roster 11 says 73 at the beginning of my shift. And 12 since it said 73 at the beginning of my shift - 13 14 : What time did your shift 15 start Ma'am