4 DIGITALLY RECORDED
1
2
3
4 DIGITALLY RECORDED
5 SWORN STATEMENT
6 OF
7
8
9 OIG CASE #:
10 2019-010614
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18 DEPARTMENT OF JUSTICE
19 OFFICE OF THE INSPECTOR GENERAL
20 AUGUST 12, 2019
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25
FENTON TRANSCRIPTION
28720 Roadside Drive, Suite 250
Agoura Hills, CA 91301
Phone: (818) 991-8002
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1 APPEARANCES:
2
3 OFFICE OF THE INSPECTOR GENERAL
4 BY:
5 BY:
6
7
8 WITNESS:
9
10
11
12 OTHER APPEARANCES:
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1 MR. : Today is Monday, August
2 12. The following will be a voluntary
3 interview of BOP Warden in
4 furtherance of OIG investigation to be
5 determined, for the purpose of transcription,
6 will now identify all present in the interview.
7 I'll ask everyone to say and spell their last
8 name, as well as identify their working title
9 and employer.
10 I am Special Agent
11 , Office of the Inspector General.
12 MR. III: Special Agent Antonio III, III-
13 I, with the FBI.
14 MR. -: Warden,
15 Federal Bureau of Prisons. Spelling of the
16 name is first name is last name is
17
18
19 MR. : Thank you. Warden
20
21 MR. : Um-hum.
22 MR. : -- you have reviewed and
23 signed Department of Justice OIG Form 226-2
24 which is Warnings and Assurances of Employees
25 Request to Provide Information on a Voluntary
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1 Basis. Do you have any questions about this
2 form?
3 MR. : No.
4 MR. : Would you like time to
5 review it with an attorney, or would you like
6 an attorney here?
7 MR. : For now, I don't need an
8 attorney.
9 MR. : Okay. Are you currently
10 under the influence of any substances, or is
11 there any reason to prevent you from fully
12 understanding my questions and answering
13 truthfully today?
14 MR. : No.
15 MR. : I'll now swear you to the
16 statements you're about to make. Please raise
17 your hand and repeat after me.
18
19 MR. : I,
20 MR. : Hereby solemnly swear or
21 affirm.
22 MR. : Hereby solemnly swear or
23 affirm.
24 MR. : That the statements that
25 I'm about to make.
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1 MR. : That the statements I'm
2 about to make.
3 MR. : Shall be the truth and the
4 whole truth.
5 MR. : Shall be the truth and the
6 whole truth.
7 MR. : Thank you, sir.
8 MR. : Um-hum.
9 MR. : Warden would you mind
10 telling us a little bit about your career with
11 BOP? When you started, how you became a
12 Warden?
13 MR. : Uh --
14 MR. : How you moved up the
15 ranks.
16 MR. : I started out as a
17
18
19
20
21
22
23
24
25 MR. : Great. How long have you
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1 been the Warden?
2 MR. : I've been here since May of
3 2018.
4 MR. : Okay, great. Just, your
5 role, you've done a lot of internal
6 investigations with the prison and you've
7 worked with the Department of Justice for
8 MR. : Um-hum.
9 MR. : -- moving forward, just as
10 a note for the record, you're aware that
11 failure to be honest with us today would be
12 considered a criminal offense; correct?
13 MR. : Yes.
14 MR. : Okay, great. Let's talk a
15 little bit about some overall policies at the
16 prison to start with.
17 MR. : Okay.
18 MR. : So, actually let me back
19 up. We're here today to talk about,
20 specifically Jeffrey Epstein.
21 MR. : Um-hum.
22 MR. : The inmate.
23 MR. : Um-hum.
24 MR. : Would you mind just
25 telling us a little bit about when, your
EFTA00125471
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1 understanding of when he arrived and that type
2 of, when he arrived, how he was placed, where
3 he was placed, and the reasons behind that?
4 MR. : I don't remember the
5 specific date he arrived, but we didn't, what
6 happened was, we weren't told that he was going
7 to be coming to the institution.
8 MR. : Okay.
9 MR. : When he initially came, he
10 was dropped off on the weekend, and we didn't
11 find out until Monday, myself, that he had been
12 placed at the institution. And from then on,
13 we, you know, went through the whole process of
14 the screening, his medical stuff. Just normal
15 procedures that we follow and (Indiscernible
16 *00:04:04) .
17 MR. : Okay. Now when you say
18 "he was dropped off over the weekend", when
19 somebody arrives at the facility, what's the
20 normal --
21 MR. : I mean typically if
22 somebody's that high profile --
23 MR. : Um-hum.
24 MR. : -- we should've been
25 notified and said hey, he's coming in. We
EFTA00125472
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1 weren't.
2 MR. : Okay.
3 MR. : You know, I mean, we saw it
4 on the news, but it didn't say. They just said
5 they had him in custody, but we didn't get any
6 formal, I didn't get any formal notice that he
7 had been brought into the institution.
8 So, he was dropped off, and you know, the
9 Lieutenant on shift processed him in and
10 brought him into the institution. We didn't
11 find out or realize it until Monday.
12 MR. : So, it was Monday that you
13 first were officially made aware of it?
14 MR. : That I was made aware. You
15 know, we found out, and I don't remember if it
16 was from looking at the news reports, we put it
17 together that he had been brought into the
18 institution. We went through our Monday
19 morning meeting that we went through. So,
20 that's when --
21 MR. : When he first arrived, was
22 he placed in general population? Do you know
23 where he was placed?
24 MR. : I don't recall where he was
25 placed when he came in.
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1 MR. : At some point, he was
2 placed in Special Housing Unit?
3 MR. : Yes.
4 MR. : Known as the SHU.
5 MR. : Right.
6 MR. : how did he end up there?
7 MR. : Well, he was a new
8 commitment. He was high profile. So, we
9 placed him in the Special Housing Unit so we
10 can further evaluate, you know, his status. Is
11 he ready for general population? And we do
12 that with all inmates, but --
13 MR. : Okay.
14 MR. : -- and then to see, okay,
15 any separation issues. Any threats to him,
16 before we put him out there in general
17 population.
18 MR. : Was he ever in genera]
19 population?
20 MR. : I don't recall. I don't,
21 I'm not sure if it might've been the first day
22 when he came in.
23 MR. : Okay.
24 MR. : But I'm not sure, so I mean,
25 I would have to look at the 37 to confirm.
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1 MR. : But as far as you know,
2 that Monday, the first business day after the
3 weekend he was initially dropped off.
4 MR. : Right.
5 MR. : From that point forward,
6 was he ever in general population?
7 MR. : No.
8 MR. : Okay. What are the
9 policies in terms of, or is there policy that
10 dictates when somebody goes into general
11 population from the SHU after the first
12 arrival?
13 MR. : Well, what we do is we
14 evaluate the individual to see if they're ready
15 for general population, if they can hang, you
16 know --
17 MR. : Um-hum.
18 MR. : -- if they can populate.
19 MR. : Okay.
20 MR. : And it's a number of
21 factors. It depends. I mean, if I have a gang
22 member coming in, I'm taking into consideration
23 separation issues on it. If it's, you know,
24 somebody that might've been fraud or bank
25 fraud, then we determine if it's any issues of
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1 them going into the general population. So,
2 it's a case-by-case basis on how we determine
3 it.
4 MR. : Okay. What are the
5 policies in terms of when you're notified if
6 someone enters Special Housing Unit or is
7 discharged from Special Housing Unit?
8 MR. : Well what it is is, it's
9 routed the individual, it's called a Release
10 Form. So, several people sign it. They review
11 it. I believe psychology, CMC, the Captain,
12 and it goes to the Associate Warden and then
13 they sign what we call is a Kick-Out. Meaning
14 everybody's reviewed it and said, okay, this
15 person is appropriate for general population.
16 MR. : Okay. For Mr. Epstein,
17 after that, he was never put in general
18 population; correct?
19 MR. : No.
20 MR. : Was the determination to
21 keep him in Special Housing? What was the
22 communication that goes on there?
23 MR. : Well we, now initially when
24 he came in, it's the goal to determine, okay,
25 can they go to general population.
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1 MR. : Okay.
2 MR. : So, between evaluating him,
3 at the same time, we're looking at saying,
4 okay, can he go to general population.
5 MR. : Um-hum.
6 MR. : So, it's a dual role that
7 we're going to --
8 MR. : Sure.
9 MR. : But I had gotten word, and I
10 don't recall the date, where from my Regional
11 Director which stated he's not to go to general
12 population until further notice.
13 MR. : The Regional Director,
14 where is that in the chain of command for BOP?
15 MR. : We have five regional
16 offices.
17 MR. : Okay.
18 MR. : Each region has a Regional
19 Director.
20 MR. : Okay.
21 MR. : This is the Northeast
22 Region.
23 MR. : Okay.
24 MR. : Where we have 21
25 institutions. So, he supervises and is in
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1 charge of the 21 institutions.
2 MR. : Okay. So, is he
3 MR. : (Indiscernible *00:08:37).
4 MR. : -- your direct supervisor?
5 MR. : He's my director supervisor.
6 MR. : Okay. Who is that?
7 MR. -: (phonetic sp.).
8 MR.
9 MR. : Yeah.
10 MR. : And Mr. told you,
11 do you recall if it was verbally or an email?
12 Phone call?
13 MR. : We had talked about it, too,
14 but I would have to check if there was an email
15 to go with it. But we did talk and said, hey,
16 we're going to hold off on putting him out in
17 general population.
18 MR. : Okay. Do you recall when
19 you officially were, you and Mr. , spoke
20 about this?
21 MR. : I don't want to give you the
22 wrong date. But it was within that, you know,
23 maybe a couple weeks after he arrived.
24 MR. : Okay. So, it was a few
25 weeks after he arrived --
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1 MR. : Right.
2 MR. : Okay. After Mr.
3 told you to keep him, or it was agreed upon
4 MR. : Um-hum.
5 MR. : -- to keep him in Special
6 Housing Unit.
7 MR. : Right.
8 MR. : Who did you notify that he
9 was to stay in the Special Housing Unit? How
10 does that communication --
11 MR. : So, what it does is I get my
12 exec staff together --
13 MR. : Um-hum.
14 MR. : -- which is my Associate
15 Wardens, the Captain, my exec, and we have our
16 meetings, and I tell them he's not, you know,
17 lay out the specific instructions. He's not to
18 go out to general population. And --
19 MR. : Were there, sorry.
20 MR. : Go ahead.
21 MR. : No.
22 MR. : And that's basically how we
23 start.
24 MR. : Okay.
25 MR. : Yeah.
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1 MR. : Were there any other
2 specific directions or instructions given to
3 the staff regarding him?
4 MR. : Well, so at the time of him
5 staying in there, we had to find him initially
6 a roommate.
7 MR. : Okay.
8 MR. : So, and it's hard especially
9 in Special Housing Unit when you've got gang
10 members in there that are not appropriate to be
11 housed with. So, we came up with, I came up
12 with , who was in there. White
13 male, probably be able to cope with him. And
14 that's typically how we, you know, that's part
15 of the evaluation process.
16 MR. : Is it standard for inmates
17 in Special Housing Unit to have cellmates?
18 MR. : We typically would like for
19 them to have it.
20 MR. : Sure.
21 MR. : But certain situations
22 dictate that they can. If an inmate's a total
23 separation from a group, and we get word from
24 US Attorney's office or the arresting agents
25 that, hey, he's to be totally separated, then
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1 they would be housed by themselves. They could
2 have an incident in the institution, you know,
3 for example our gang members, somebody has an
4 issue, and for example, the Bloods, then we
5 have to say hey, let's separate him from there.
6 You know?
7 MR. : Was there any directions
8 specifically that Mr. Epstein was to have a
9 cellmate at all times?
10 MR. : From psychology when
11 MR. : Okay.
12 MR. : -- said hey, that he's
13 required, he needs to have a cellmate at all
14 times.
15 MR. : Okay. And that occurred
16 later on? When he first arrived, there was no
17 specific directions regarding that; correct?
18 MR. : No, it wasn't.
19 MR. : Okay.
20 MR. : Wait, let me.
21 MR. : Sure.
22 MR. : You mean when he first came
23 in were we talking about him having a cellmate?
24 MR. : Initially.
25 MR. : I don't recall any talks
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1 about him.
2 MR. : Okay.
3 MR. : Initially, and trying to
4 figure out when he first came in, how he was
5 housed. I don't recall how he was housed when
6 he first came in, but --
7 MR. : Okay. The MCC is no
8 stranger to high profile
9 MR. : Right.
10 MR. : -- inmates. Generally
11 speaking, how do you normally, or generally
12 handle these type of high profile inmates? Any
13 other special considerations or concerns. How
14 does this work?
15 MR. : Again, you come in. We
16 evaluate him to determine, okay, if they can go
17 out to general population or not. We've had,
18 you know, we've had a bunch that come in that
19 were able to go out. We had (phonetic
20 sp.), you know, the phone that, I don't know if
21 you recall, the one that
22
23 MR. III: (Indiscernible *00:12:41) .
24 MR. : Okay.
25 MR. : Him. So, when he first came
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1 in, you know, he was high profile. So, we
2 brought him in to determine
3 FEMALE VOICE: Excuse me.
4 MR. : Yeah.
5 FEMALE VOICE: Can you guys step out here
6 for just a moment?
7 MR. : We, pausing the interview
8 at 10:55 a.m. (tape paused) .
9 We're resuming the interview with Warden
10
11 MR. -:
12 MR.
13 MR. : Yeah.
14 MR. (Indiscernible *00:00:14)
15 The time is now 10:56. Joining the interview
16 room is Assisting United States Attorney from
17 the Southern District of New York,
18
19 MS.
20 MR. , I apologize.
21 Can you spell your name for transcription
22 purposes?
23 MS. : Sure.
24 Thanks.
25 MR. : Thank you. Before we were
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1 just going over some of the overall high-
2 profile inmates and the general --
3 MR. : Um-hum.
4 MR. : -- evaluation of them.
5 Going back to, you said earlier that a few
6 weeks had occurred. You and the Regional
7 Director discussed keeping Epstein in the
8 Special Housing Unit.
9 MR. : Um-hum.
10 MR. : How often was the Regional
11 Director being briefed on Epstein?
12 MR. : I guess the situation
13 dictated it. If something happened, then we'd
14 notify him, or he needed some questions for
15 him, he would call me. But I don't want to,
16 don't recall the specific amount of times. -
17 we were in contact.
18 MS. : Um-hum.
19 MR. : Frequent contact.
20 MR. : Okay. How often were you,
21 are you notified differently of high-profile
22 inmates or how often were you being aware or
23 notified of Epstein's housing situation?
24 MR. : Well, I mean, he was in the
25 Special Housing Unit. So, I knew where he was.
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1 MR. : Okay.
2 MR. : So, it wasn't like I had to
3 be updated as to where he was. I knew where he
4 was.
5 MR. : Okay.
6 MR. : I mean, I knew that he went
7 on his attorney visits, spent the whole day
8 there. Would be the first one in, last one
9 out. So, I mean, that's what I knew. And then
10 I kind of (Indiscernible *00:02:06) with the
11 attorneys. I had some outside attorneys
12 complain about, you know, they were taking up
13 the attorney room. So, I knew that was, you
14 know, those issues were coming up with the
15 attorney room.
16 MR. : Okay. Going back to
17 general policies at the --
18 MR. : Um-hum.
19 MR. : -- within the BOP,
20 actually when Epstein arrive --
21 MR. : Um-hum.
22 MR. : I think we already
23 covered this, but just to, were any special
24 arrangements or considerations given to him?
25 MR. : As far as --
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1 MR. : Obviously you said earlier
2 he was put in the SHU on Monday.
3 MR. : Right.
4 MR. : After, was it, at that
5 point, was there any issues that you're aware
6 of regarding him? Anything that you needed to
7 be aware of other than just who he was?
8 MR. : No. Just who he was and the
9 basic screening. The intake screening.
10 MR. : Okay. At the time he
11 first arrived, did you have any, was there any
12 notification of any mental health concerns?
13 MR. : No, not that I know of.
14 MR. : Okay. How
15 MR. : Are you talking about the
16 weekend he came in, or
17 MR. : Yeah.
18 MR. : (Indiscernible *00:03:19) .
19 MR. : First arrival.
20 MR. : That weekend, I don't know.
21 But I know afterwards, he was medically
22 assessed and they were, you know, our health
23 service department assessed him and he, I think
24 he might have told him that he had certain
25 medications.
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1 MR. : Okay. When --
2 MR. : -- that he was taking.
3 MR. : When inmates come into the
4 MCC, are they all screened for mental health
5 issues or medical issues?
6 MR. : Well, yes. They come in,
7 you're screened for your medical. The unit
8 team screens you and psychology screens you.
9 But --
10 MR. : What timeframe does that
11 occur?
12 MR. : Typically like with him, he
13 came in on the weekend. So, it depends if
14 there was a psychologist. Maybe the next day
15 someone would go screen him, the on-call
16 psychologist. But, you know, or Monday if
17 someone came in. But typically the on-call
18 psychologist is there through the weekend and
19 will screen them.
20 MR. : Who is notified of the
21 results of those screenings?
22 MR. : of?
23 MR. : Of the medical screen and
24 psychological screenings, who gets notified of
25 that?
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1 MR. : As far as what? If they
2 find something in there?
3 MR. : Yes.
4 MR. : Like what would be an
5 example? I mean
6 MR. : Any medical concerns that
7 people need to be aware of. Any psychological
8 issues. How does that information get
9 disseminated?
10 MR. : Because when we talk about
11 medical issues, some of that falls under
12 privacy issues.
13 MR. : Um-hum.
14 MR. : So, you know, it's not going
15 to be divulged as to --
16 MR. : Okay.
17 MR. : -- just like that.
18 MR. : Sure.
19 MR. : But as far as psychological,
20 if it was something that psychologists did an
21 interview and said, hey, there's a mental
22 health issue or something, then she would, you
23 know, she would let her Associate Warden know.
24 She would let me know that, hey, there's some
25 issues.
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1 MR. : Okay. And when he first
2 arrived, were you made aware of any medical or
3 mental issues regarding him?
4 MR. : Mental health, I don't
5 recall any mental health. But I was told that
6 he was on certain medications or whatever. But
7 it was general. It wasn't
8 MR. : Okay.
9 MR. : -- anything major.
10 MR. : Okay. And just, and
11 that's a general policy for all inmates that
12 arrive?
13 MR. : The screening, yeah.
14 MR. : Just the medical
15 screening. They all get that?
16 MR. : Right.
17 MR. : Is there any, as a result
18 of those screenings, is there any, does it have
19 any bearing on where they're placed, whether
20 it's special housing or general population?
21 MR. : I mean typically if you do,
22 like I said, if you do an intake screening and
23 the individual comes in and they have no
24 issues, no separation issues, and, you know,
25 then they can populate like anyone else. But
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1 if there are issues with them going out in
2 general population; i.e., safety issues, then
3 you would be placed in the Special Housing.
4 MR. : Okay.
5 MR. : Until we could further
6 evaluate if you could go to general population.
7 MR. : If someone during the
8 mental health screening, the mental health, the
9 psychologist deemed them to be suicidal --
10 MR. : Okay.
11 MR. : -- what are the suicidal
12 watch policies as it relates to that?
13 MR. : So, if the psychologist was
14 to say, hey, they're suicidal, then they would
15 be placed on suicide watch.
16 MR. : Okay.
17 MR. : Now if the psychologist is
18 not there and someone exhibits suicidal
19 ideations or statements or thoughts, then
20 they're placed on suicide watch.
21 MR. : Can you explain to me what
22 suicide watch is, where it is in the MCC --
23 MR. : It's on the second floor of
24 the institution, on the same floor of the
25 hospital.
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1 MR. : Okay.
2 MR. : And it's a cell, and if you
3 go on suicide watch, you're placed in a smock.
4 MR. : Okay.
5 MR. : That covers you and then
6 you're watched for 24 hours.
7 MR. : Now the smock, is that
8 made of paper, or --
9 MR. : It's cloth.
10 MR. : Cloth?
11 MR. : It's like, you ever see
12 those movies where they have those heavy bomb
13 vests?
14 MR. : Uh --
15 MR. : It's something, I mean, I
16 don't want to you know, say, but it's something
17 like that.
18 MR. : Okay.
19 MR. : And it just hangs.
20 MR. : Sure.
21 MR. : Hangs on them just like
22 that. So --
23 MR. : And you said they're
24 monitored for 24 hours. How are they, is it --
25 MR. : There's a companion sitting
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1 there. An inmate.
2 MR. : In the cell?
3 MR. : No. Outside the cell.
4 MR. : Okay.
5 MR. : It's a cell where you sit
6 and observe.
7 MR. : Okay. Is the companion
8 another inmate or a staff?
9 MR. : No, it's a trained inmate
10 companion. Now, we have four cells. If those
11 cells get full, then we have to move them up to
12 the Special Housing Unit and then put a staff
13 watch on them.
14 MR. : Okay. What policies are
15 in place for suicide watch as it relates to
16 staff response, notification, how people get
17 notified, if they're moving from suicide watch
18 to off suicide watch. How does that work?
19 MR. : That works through
20 psychology.
21 MR. : Okay.
22 MR. : Psychology evaluates and
23 they'll say, okay, we've evaluated him and, you
24 know, wherever we're going, typically you
25 always usually go from the Special Housing Unit
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1 to suicide. So, they'd say, okay you know
2 what, they're ready to go back up.
3 MR. : Okay. What role, how does
4 the program, is the psychologist the program
5 coordinator?
6 MR. : The chief psychologist runs
7 the department.
8 MR. : Okay.
9 MR. : And then she has various
10 psychologists that work under her.
11 MR. : Okay.
12 MR. : And then evaluate because we
13 have a different mission as far as we have a
14 forensic mission. So, we get a lot of forensic
15 studies in the institution.
16 MR. : Okay.
17 MR. : And then we have a regular
18 psychologist also that handles the inmate
19 population but they work together and they
20 handle everything.
21 MR. : Okay. Who's ultimately
22 responsible for placing somebody on suicide
23 watch or off suicide watch?
24 MR. : Well placing it, a staff
25 member comes and says hey, this guy is
EFTA00125493
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1 suicidal. You can place him on suicide watch.
2 MR. : Okay. Anybody in the
3 institution can do that?
4 MR. : Yeah. If I come upon an
5 inmate that's saying, "Hey, I'm going to kill
6 myself." Okay, we get him on suicide watch.
7 Psychology comes and, you know, evaluates them
8 and then comes up with a plan.
9 MR. : Within the psychology
10 department --
11 MR. : Um-hum.
12 MR. : -- or the medical
13 department there in mental health, who there
14 ultimately makes that decision?
15 MR. : I believe, and don't quote
16 me on this. I believe the psychologists.
17 MR. : Okay.
18 MR. : You know, they're trained
19 professionals. So, they can make a decision
20 and they consult with the Chief in, you know,
21 determining okay what's the plan of action to
22 move forward.
23 MR. : And are you, when
24 someone's placed in suicide watch, are you
25 notified of that?
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1 MR. : Yeah. They send out a form
2 every day stating like who's on suicide watch,
3 who's on psyche observation. So --
4 MR. : Okay.
5 MR. : -- we're aware of who it is
6 and then they'll send out a form if there's no
7 one on there.
8 MR. : You said earlier that
9 while on suicide watch, there was an observer.
10 MR. : Right.
11 MR. : How does an inmate become
12 an observer?
13 MR. : It's an inmate companion.
14 MR. : A companion, I'm sorry.
15 MR. : So, it's a trained program.
16 So, they have to go through training. They
17 have to take courses, and then they become
18 eligible to become a companion.
19 MR. : Who authorizes the use of
20 an inmate companion?
21 MR. : The psychology department
22 runs that. So --
23 MR. : Do you have any input as
24 the Warden in selecting or training or
25 implementing the inmate companion program?
EFTA00125495
LIMITED OFFICIAL USE
1 MR. : No.
2 MR. : Does every institution
3 have an inmate companion program?
4 MR. : Yes.
5 MS. : Who's the Chief
6 Psychologist?
7 MR. -: (phonetic
8 sp.).
9 MR. : And Ms. is the one
10 who is ultimately responsible for determining
11 if someone is on suicide watch and removing
12 them; correct?
13 MR. : Well in conjunction with our
14 staff.
15 MR. : Okay.
16 MR. : Because you could be, a
17 psychologist is assigned to the individual when
18 they're working a plan with them. And if they
19 come to the determination that hey, you know
20 what, they no longer need to be on suicide
21 watch.
22 MR. : Okay. But as the clinical
23 director, she's ultimately responsible.
24 MR. : She's not the clinical.
25 She's the Chief Psychologist.
EFTA00125496
LIMITED OFFICIAL USE
1 MR. : Okay.
2 MR. : Clinical Director is a
3 separate position.
4 MR. : Okay. I apologize for
5 that.
6 MR. : That's fine.
7 MR. : Thank you for clarifying.
8 MR. : Okay.
9 MR. : Who in the medical staff,
10 just for my clarification, who in the medical
11 staff is ultimately responsible for removing
12 somebody from suicide watch?
13 MR. : The psychology department
14 determines to remove somebody from --
15 MR. : So, who in the psychology
16 department?
17 MR. : Again, it depends on who's
18 evaluating the inmate.
19 MR. : Okay. So --
20 MR. : And so we have one, two,
21 three, really we have, (Indiscernible
22 *00:12:26) , uh, four. We have four
23 psychologists on staff.
24 MR. : You have four
25 psychologists on staff. And any one of those
EFTA00125497
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1 four can remove somebody?
2 MR. : Can remove somebody.
3 MR. : Do those four have, who's
4 those four supervisors?
5 MR. : Dr.
6 MR. : Dr.
7 MR. : Yeah.
8 MR. : What authority does she
9 have to overrule them?
10 MR. : And I'm not a psychologist
11
12 MR. : Sure.
13 MR. : -- to know what procedures
14 they use --
15 MR. : Um-hum.
16 MR. : -- or what conversation they
17 have to determine if she's going to overrule
18 them. I mean, she's the supervisor, and it's
19 just like with any, you know, profession you
20 have.
21 MR. : Right.
22 MR. : If I come up with some
23 reasoning --
24 MR. : Um-hum.
25 MR. : In saying hey, I don't agree
EFTA00125498
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1 with your decision, then we debate it and then
2 we ultimately come to a decision.
3 MR. : Okay.
4 MR. : As to yay or nay.
5 MR. : Okay.
6 MR. : So, it's kind of the same
7 thing.
8 MR. : While on suicide watch,
9 you said there's a 24-hour companion. What
10 does staff do for the inmates while they're on
11 suicide watch?
12 MR. : Well we have a camera, well
13 they're trained to, there's a phone there. So,
14 let's say something happened where an inmate's
15 trying to do harm to himself. They pick up the
16 phone and they call for assistance, because it
17 goes directly to control center, and we respond
18 accordingly to it.
19 But we also in our control center, while
20 the individual is on suicide watch, there's a
21 camera there.
22 MR. : Okay.
23 MR. : To view
24 MR. : What specific training
25 does staff get as it relates to the suicide
EFTA00125499
LIMITED OFFICIAL USE
1 watch?
2 MR. : Once a year during our
3 annual training, we have suicide prevention
4 training.
5 MR. : Okay.
6 MR. : During our annual training.
7 MR. : And that's required for
8 all --
9 MR. : All employees.
10 MR. : What does that training
11 cover?
12 MR. : Suicide signs, prevention,
13 coping, just anything pertaining to suicide,
14 sir. Signs to look for.
15 MR. : Um-hum.
16 MR. : Um --
17 MR. : Is there any specific
18 staff that are more trained, or specifically
19 trained for this area of the prison?
20 MR. : Our Special Housing Unit
21 staff get quarterly suicide prevention
22 training.
23 MR. : Okay. Is that part of
24 something the MCC does independent, or is that
25 policy dictated? How does that --
EFTA00125500
LIMITED OFFICIAL USE 36
1 MR. : That's our policy dictates
2 that they get quarterly training.
3 MR. : Okay. That's BOP policy;
4 correct?
5 MR. : Yes.
6 MR. : Okay. When someone, you
7 said that any staff member at the BOP can place
8 somebody on suicide watch?
9 MR. : Yes.
10 MR. : Is there any paperwork or
11 documentation for that that they have to fill
12 out?
13 MR. : No. Basically they'll tell
14 that, you know, that hey we need to place him
15 on watch, and we'll place him on watch, and
16 then we'll contact psychology.
17 MR. : Okay.
18 MR. : To come in and talk to them.
19 MR. : Okay. There's no referral
20 that says, "I placed inmate" --
21 MR. : No. Psychology will handle
22 it --
23 MR. : Okay.
24 MR. : -- here and there, in their
25 notes and their documentation that they were
EFTA00125501
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1 placed on it, when they were placed on it.
2 MR. : So, the psychology
3 department is responsible for documenting when
4 people come in in treatment.
5 MR. : We, you know, we have what
6 we call a daily log in the
7 MR. : Um-hum.
8 MR. : -- institution. So, the log
9 would annotate somebody was placed on suicide
10 watch also.
11 MR. : Okay. Is there any
12 specific forms or reports that get filled out
13 when somebody is removed from suicide watch?
14 MR. : I believe psychology would
15 do those forms and saying in their reports why
16 they were removed and if they're ready to be
17 released.
18 MR. : Do you get those forms?
19 MR. : I don't get the special
20 medical ones. I just, with the notification
21 that, you know, with the one that email that
22 goes out --
23 MR. : Um-hum.
24 MR. : -- that the individual was
25 released from suicide watch.
EFTA00125502
LIMITED OFFICIAL USE 38
1 MR. : Do you get notified, you
2 just said you get notified in the email that
3 somebody's removed or --
4 MR. : It's an email that the
5 psychology department puts out stating who's on
6 suicide watch, who's been removed.
7 MR. : Is that a daily list?
8 Like they send it once a day, or when someone
9 new comes on and off? How does that
10 MR. : It's a daily one. And --
11 MR. : Okay.
12 MR. : And it states who's on
13 watch, who's, you know, who's got released, and
14
15 MR. : Who does that get
16 disseminated to?
17 MR. : It's a group. It's a group
18 email that gets sent to all department heads,
19 Captain, Lieutenants, everybody in the need to
20 know.
21 MR. : This is the supervisors
22 within the institution? The Lieutenants, the
23 Captain.
24 MR. : (Indiscernible *00:17:07).
25 MR. : Okay.
EFTA00125503
LIMITED OFFICIAL USE 39
1 MR. : And, don't quote me on that,
2 but I need to look at the chain --
3 MR. : Okay.
4 MR. : -- to see who's actually on
5 it. But --
6 MR. : But it's not an
7 institution -wide email?
8 MR. : It is kind of sent out
9 institution wide because you have the different
10 departments on it. So, you can say it's
11 institution wide.
12 MR. : Not every person in the
13 institution gets that email, though?
14 MR. : No. I don't --
15 MR. : Okay. Just not an MCC all
16 type of --
17 MR. : No, it's not an all staff.
18 MR. : Okay.
19 MR. : Yeah.
20 MR. : What is the expectation of
21 the department heads and the supervisors and
22 the Lieutenants and Captains once they get this
23 email? What are they supposed to do with that?
24 MR. : I mean, it's just a
25 notification that the individual's being
EFTA00125504
LIMITED OFFICIAL USE 40
1 removed from suicide watch. So, it depends on
2 where they're going. So, if they're going back
3 to Special Housing Unit, so it's notification
4 that hey, this person's been taken off. We
5 have nobody on watch right now.
6 MR. : Okay. Are they supposed
7 to disseminate that? What are they supposed to
8 do with that information? Are they supposed to
9 tell anybody where they --
10 MR. : Well, I mean when that
11 individual is released --
12 MR. : Um-hum.
13 MR. : Wherever they're going for,
14 they're going to be notified by psychology that
15 they're coming directly --
16 MR. : Okay.
17 MR. : -- to you.
18 MR. : Okay.
19 MR. : So, it was just an
20 accountability --
21 MR. : Okay.
22 MR. : -- thing just to know that
23 hey, this person is getting off of watch.
24 MR. : So, psychology will notify
25 whatever unit they're going back to?
EFTA00125505
LIMITED OFFICIAL USE 41
1 MR. : Well, it depends where
2 you're going back to. Typically I always go to
3 Special Housing Unit down.
4 MR. : Okay.
5 MR. : And typically when you do,
6 let's say an individual has tried to commit
7 suicide. It's an infraction. So, they usually
8 have an incident report that goes beyond that.
9 So, you have to come up to the Special Housing
10 Unit anyway before so that that infraction can
11 be resolved.
12 MR. : Okay.
13 MR. : So, there are a number of
14 aspects of, you know, how. Did you go straight
15 back or if you don't go back there.
16 MR. : And this email that
17 psychology sends out with the list of who's in
18 and who's out of suicide watch --
19 MR. : Who's on watch, yeah?
20 MR. : -- is that once a day or
21 twice a day? Is that morning and evening
22 thing?
23 MR. : It depends.
24 MR. : Okay.
25 MR. : When you come in in the
EFTA00125506
LIMITED OFFICIAL USE
1 morning, they could say, you know, this is
2 who's on watch, and then you get another one
3 stating who's been released off of watch.
4 MR. : Okay. Is there any policy
5 or standard operation procedure on how
6 (Indiscernible *00:19:21) that email gets sent
7 out?
8 MR. : How what?
9 MR. : How frequent that email --
10 MR. : No.
11 MR. : Okay. But it should be at
12 least once a day?
13 MR. : That's when they send it
14 out. I don't --
15 MR. : Okay. When somebody is
16 removed from Special Housing --
17 MR. : Um-hum.
18 MR. -- and placed in suicide
19 watch on the second floor --
20 MR. : Um-hum.
21 MR. -- is anything done to
22 their cell in Special Housing? Is there any
23 precautions or anything that go into that?
24 MR. : So, typically let's say you
25 do leave, and it depends on how much space we
EFTA00125507
LIMITED OFFICIAL USE 43
1 have. We really don't have that much space.
2 MR. : Okay.
3 MR. : So, usually that cell,
4 depending on if when they were removed from the
5 cell, if they had a cellmate. So, what happens
6 is that individual's property is removed, and
7 we could possibly put somebody else in that
8 cell.
9 MR. : Okay.
10 MR. : Um --
11 MR. : And again, the suicide
12 watch versus psychological, the psyche eval
13 that, you said that happened right away when
14 someone first comes in the prison; correct?
15 MR. : Well I --
16 MR. : A psyche eval?
17 MR. : I didn't say what you
18 said before that. You said --
19 MR. : A psychological eval.
20 MR. : Okay.
21 MR. : I want to clarify, earlier
22 you said that people, inmates get that when
23 they first come into the prison; correct?
24 MR. : Yeah. Psychologically when
25 they initially have to come and actually
EFTA00125508
LIMITED OFFICIAL USE
1 perform --
2 MR. : Okay.
3 MR. : -- an initial intake
4 screening.
5 MR. : Is there a level below
6 suicide watch?
7 MR. : Well we also have what we
8 call a psyche observation.
9 MR. : Okay.
10 MR. : And I think the best way to
11 describe that would be it's a step-down from
12 suicide watch. For example, we might have a
13 mental health inmate that is just mentally, you
14 know, out there. So, we'll put them on psyche
15 observation. They haven't said they're going
16 to hurt themselves, but they have the potential
17 to do it.
18 Somebody might be on narcotics and acting
19 erratic and you don't know what they're on.
20 So, they might end up doing it. But it's a
21 different type of observation because it's not
22 as stringent as suicide watch.
23 MR. : Okay.
24 MS. : Can you explain what that
25 means? What are the requirements when an
EFTA00125509
LIMITED OFFICIAL USE
1 inmate is on psyche eval, or psyche
2 observation?
3 MR. : If they're on psyche
4 observation, we are not necessarily putting
5 them in a smock. You know? You can still have
6 your regular clothing. We're just observing
7 your behavior and that. So, that's the
8 difference.
9 MS. : And does the psychologist
10 stop by every day?
11 MR. : They're treated the same way
12 as somebody that's on suicide watch. They're
13 evaluated, come up with a plan. They're ready
14 to be released. Keep them on, more along those
15 lines.
16 MS. : Well is someone on psyche
17 evaluation, do they have an inmate companion
18 watching them?
19 MR. : Psyche obs also has an
20 inmate companion. So, anybody in that area has
21 an inmate watching them.
22 MR. : As the Warden, do you have
23 any input on the determinate if someone's in
24 psychological observation, in suicide watch or
25 observation status? Do you have any input on
EFTA00125510
LIMITED OFFICIAL USE
1 that?
2 MR. : I don't overrule medical
3 decisions. I'm not a doctor.
4 MR. : Um-hum.
5 MR. : If they come to me and say
6 this is warranted whether it's medical care or
7 not, I don't --
8 MR. : Okay.
9 MS. : But you're briefed on it?
10 MR. : I'm briefed on it. Yes.
11 MS. : Is that orally?
12 MR. : Orally they'll come and say,
13 well we'll discuss an inmate saying, hey, he
14 has mental issues. I feel that they need to be
15 placed here or there. And I'm going with your
16 evaluation. I'm not going to, and I have good
17 psychologists. So, I trust their judgment.
18 MS. : Can an inmate be taken off
19 of suicide watch by Dr. or her staff
20 without consulting you?
21 MR. : They can. The doctor
22 decides who's coming off of watch. So, they
23 can make the determination and, you know, they
24 send up to the Associate Warden, the Captain,
25 and it will come to release and if they're
EFTA00125511
LIMITED OFFICIAL USE
1 going off it. So, it doesn't --
2 MS. : But do they --
3 MR. : -- have to necessarily, it's
4 not my approval.
5 MS. : Do they typically consult
6 you when that happens?
7 MR. : Depending on, you know, if
8 it's the case, you know? Who it is, you might
9 be, like I said, a high profile individual they
10 would say, "Hey, we're taking him off of watch.
11 We're doing this." So, we'll be following the
12 plan closely, so --
13 MR. : When it comes to Epstein,
14 Jeffrey Epstein --
15 MR. : Um-hum.
16 MR. : -- he was in the mental
17 health program. Can you just tell us your
18 understanding of his involvement with the
19 psychologist at MCC?
20 MR. : Um, let me back-track.
21 MR. : Sure.
22 MR. : It's not a mental health
23 program.
24 MR. : Okay.
25 MR. : Um --
EFTA00125512
LIMITED OFFICIAL USE 48
1 MR. : Sorry.
2 MR. : Being, I guess, reviewed by
3 psychology --
4 MR. : Sure.
5 MR. : -- they're following him.
6 He was on their case.
7 MR. : Okay.
8 MR. : And you want to know what I
9 knew about it?
10 MR. : Yes.
11 MR. : Again, he was under their
12 care. They were evaluating him, and, you know,
13 going through their protocol to determine why
14 he was on watch. If he was on suicide watch,
15 can he come off of suicide watch? Was he
16 suicidal? Things like that.
17 MR. : At any time, were you
18 aware or notified of him being suicidal or
19 having any suicidal ideations or attempts?
20 MR. : Well we had an incident
21 where he was in the cell with
22 MR. : Okay.
23 MR. : -- that it might've been a
24 suicide attempt and it might not have been a
25 suicide attempt. So, we followed the protocols
EFTA00125513
LIMITED OFFICIAL USE
1 and put him on watch. There was also an
2 internal investigation where he was interviewed
3 and his cellmate was interviewed, and he
4 basically denied (Indiscernible *00:25:35) .
5 MR. : When you say "he denied",
6
7 MR. : He said --
8 MR. : -- or Epstein?
9 MR. : No, Epstein stated that,
10 "Hey, I didn't try to kill myself." And then
11 said that he was sitting in the
12 cell. He thought he was having a heart attack.
13 So, I forget the words psychology used to
14 determine what their conclusion was as far as
15 the actual act.
16 MR. : Okay.
17 MS. : Did you review the
18 incident report for the suicide attempt?
19 MR. : I reviewed the investigative
20 report that the Lieutenant interviewed both of
21 them, took their statements, and all that
22 because the review process goes from, the
23 Lieutenant initiates it. It goes to the
24 Captain, Associate Warden, and myself. And
25 then I, uh, sign off on it.
EFTA00125514
LIMITED OFFICIAL USE 50
1 MS. : Did you speak with Dr.
2 after she had consulted with Mr. Epstein
3 when he was placed on suicide watch?
4 MR. : Um, yes. We have SHU
5 meetings, and we have it once a week, and
6 Epstein was brought up, and she talked about
7 Mr. Epstein.
8 MS. : After the suicide attempt?
9 MR. : Yes.
10 MS. : What day of the week is
11 the SHU thing typically?
12 MR. : It's Thursdays.
13 MS. : All right and
14 MR. : Right.
15 MS. : -- what happens at the SHU
16 meetings?
17 MR. : It's a list where we go
18 around and we talk about every inmate. We have
19 inmates that are in there for infractions,
20 criminal issues, from your office, a high-
21 profile guy might come in. So, we just talk
22 about, okay, what's the status. If we call in
23 a disciplinary citation, that means they've
24 been sanctioned and they're doing time, and
25 then we look at the release date. We have some
EFTA00125515
LIMITED OFFICIAL USE 51
1 in there pending investigations. Cellphone
2 introduction. Drug introduction. So, that
3 goes through the investigative process, and
4 then we have, you know, we also have our SAMS
5 (phonetic sp.) inmates that are housed in
6 there.
7 So, we basically discuss and talk about
8 every inmate.
9 MS. : And who attends these
10 meetings?
11 MR. : Myself, all the Associate
12 Wardens, the Unit Managers, psychology, the
13 Captain, the SHU Lieutenant, the Investigative
14 Lieutenant. So, we just have everyone there
15 that's involved in the --
16 MS. : And what's your
17 understanding of whether the SHU Lieutenant or
18 the Captain brief out the duty Officers in the
19 SHU about the outcome of that SHU meeting every
20 week.
21 MR. : I don't understand what you
22 mean.
23 MS. : So, do you have an
24 understanding of whether, because the duty
25 Officers are not present in the SHU meeting;
EFTA00125516
LIMITED OFFICIAL USE
1 correct?
2 MR. : No.
3 MS. : Do you have an
4 understanding of how, for instance, if you tell
5 the Lieutenant, I want this done in the SHU,
6 will the Lieutenant then tell his duty Officers
7 after the meeting?
8 MR. : Well, the duty officer is
9 supposed to make rounds throughout the
10 institution when they're on duty to observe and
11 report if anything is not right. And then if
12 we have incidents, they make notifications, you
13 know, to the region.
14 MS. : To the region?
15 MR. : To, like let's say we have a
16 fight.
17 MS. : Um-hum.
18 MR. : Or maybe like you said, a
19 suicide attempt. So, they have to contact the
20 Regional Duty Officer. That's their
21 notification. They make the Regional Duty
22 Officer, and then it moves up the chain that
23 way, and then I have to make my notifications,
24 which I make my notifications to the Regional
25 Director.
EFTA00125517
LIMITED OFFICIAL USE 53
1 MS. : Okay. And my question is,
2 does any information, do you have an
3 understanding of whether any information that's
4 conveyed in these SHU meetings gets briefed
5 down to the line Officers who are responsible
6 for patrolling the SHU?
7 MR. : Right.
8 MS. : It does?
9 MR. : Yeah. The SHU Lieutenant is
10 there, and he's in the meeting, he or she is in
11 the meeting, and they're talking to their staff
12 on what needs to be done or the status, you
13 know. We're going in and we determine if
14 somebody can be released, then that will be
15 conveyed back that hey, an individual can be
16 released.
17 MS. : So, you were saying that
18 after the July 23rd suicide attempt, there was a
19 Thursday SHU meeting?
20 MR. : Right.
21 MS. : In which Dr.
22 discussed at least her initial observations of
23 Mr. Epstein?
24 MR. : Well, she would initially
25 discuss it there, but she would also initially,
EFTA00125518
LIMITED OFFICIAL USE
1 whoever, you know, if the Warden is there,
2 initiate it to the AW. So, that would be
3 something immediate that she would say, hey,
4 he's on watch and this happened.
5 MS. : And what happened at that
6 first SHU meeting after the suicide attempt?
7 MR. : The week of July 22'd to the
8 26th, I was on leave.
9 MS. : Okay.
10 MR. : So, I was, you know, I was
11 getting called. So, I don't know the
12 specifics, but I was aware of, you know, I got
13 called that hey, there was an attempt and the
14 protocols were followed.
15 MS. : Okay.
16 MR. : Notifications were made.
17 MS. : Okay. So, the following
18 week which I think is the week of the 29".
19 MR. : The 29k" or the 30th, yeah.
20 MS. : You were back in the
21 office?
22 MR. : That Monday. So, if you
23 have a calendar, I can look at it.
24 MS. : I think it's the 29th
25 MR. : So, yeah. So, the 29th is a
EFTA00125519
LIMITED OFFICIAL USE 55
1 Monday. I have to check, did I take a extra
2 day or not? I'm not sure, but the 29th, I
3 should've, I would've been back.
4 MS. : So, that Thursday meeting
5 which looks like would've been August 13', you
6 were present at?
7 MR. : Yes.
8 MS. : And what was discussed
9 during the SHU meeting?
10 MR. : The SHU meeting, we'll
11 discuss every inmate. Every inmate on the
12 list, what's their status? Updates and all
13 that stuff.
14 MS. : Okay. And specifically
15 with respect to Epstein, what was discussed?
16 MR. : I don't recall specifically.
17 I know we would've talked about him. We
18 would've probably talked about, you know, his
19 psychological status and I got to remember on
20 the first, he was probably back in the Special
21 Housing Unit. So, we were probably, you know,
22 talking about his housing conditions, what's he
23 doing, and usually the conversation was during
24 the day he was down at the attorney visits, you
25 know?
EFTA00125520
LIMITED OFFICIAL USE 56
1 And then there were certain exams that we
2 had to do that we wanted to get done on him.
3 And then we discussed that.
4 MS. : Uh, what kind of exams?
5 MR. : Physicals and then, you
6 know, and I don't know if that was before or
7 after his sleep apnea machine that he was, you
8 know, requesting.
9 MS. : Um-hum.
10 MR. : Because typically, you know,
11 you have to go through the fitting and the
12 process, but, you know, we allowed that one to
13 come in. We checked it, security wise, and
14 said it was fine to come in, and we got it.
15 So, I think we might have been discussing that,
16 more along those lines.
17 But we discuss every inmate in there. I
18 don't specifically remember it. I know we
19 would've talked about what the issues were
20 pertaining to him.
21 MS. : Um, let's go back to
22 MR. : Um-hum.
23 MS. : -- the suicide attempt.
24 MR. : Okay.
25 MS. : You said that you were on
EFTA00125521
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1 leave that week, but you were notified by your
2 Associate Warden?
3 MR. : Associate Warden, yes.
4 MS. : Okay. Were you receiving
5 daily updates?
6 MR. : Not, I mean, they called me
7 during the day the first time that it happened.
8 Hey, this is what happened. He's on watch.
9 And then the next day, you know, he was still
10 on watch. So, there was really no, I didn't
11 need that much updates because we knew he was
12 on watch.
13 MS. : Okay.
14 MR. : Um --
15 MS. : And you notified your
16 Regional Director?
17 MR. : I notified my Regional
18 Director. And then while I was on leave, my
19 Regional Director was also in contact with my
20 acting AW.
21 MS. : Did the --
22 MR. : Acting Warden, I'm sorry.
23 MS. : Did the Regional Director
24 convey any directions to your AW during that
25 time?
EFTA00125522
LIMITED OFFICIAL USE 58
1 MR. : I believe just the basics,
2 you know. Keep him updated what's going on
3 because at the time he was under psychology's
4 care.
5 MS. : Um-hum.
6 MR. : So, once they're in that,
7 there's really not that much input to go on
8 because they're on watch.
9 MS. : And then Epstein was
10 downgraded from suicide watch to psyche
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[Image 2] The image shows a page of text, which appears to be a transcript of a conversation or a written exchange. The text is organized into numbered paragraphs, suggesting a formal or structured format. The content of the text is not clear due to the resolution and angle of the image. There are no visible names, dates, places, or logos that can be discerned from this image.
[Image 3] The image shows a page of text, which appears to be a transcript of a conversation or a document with a list of statements or instructions. The text is organized in numbered paragraphs, and there are several lines of text with numbers indicating each point or section. The content of the text is not clear due to the blurriness of the image. The text is presented in a formal, structured format, whic
[Image 4] The image shows a page of text, which appears to be a transcript of a conversation or a series of notes. The text is organized in numbered points, suggesting a structured discussion or a list of items. The content of the text is not clear due to the resolution and angle of the image. There are no visible names, dates, places, or logos that can be discerned from this image.
[Image 5] The image shows a page of text, which appears to be a transcript of a conversation or a series of messages. The text is organized in a list format with numbered lines, indicating a structured exchange. The content of the text is not visible due to the blurring effect applied to the image. The document type is not identifiable due to the blurring.
[Image 6] The image shows a page of text, which appears to be a transcript of a conversation or a series of messages. The text is organized in a list format with numbered points, suggesting it might be a summary of a discussion or a set of instructions. The content of the text is not visible due to the blurring effect applied to the image. The text is overlaid on a background that is not clearly visible due