wo wi oO co ho No uw DIGITALLY R STATEMENT OF DEPARTMENT OF JUSTICE OFFICE OF THE IN AUGUST 5, 2021 RESOLUTE DOCUMENTATION SERVICES 26 R pura Hills, 9 (818) 431-5800 Drive 91301 CTOR GENERAL EFTA00117030

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LIMITED OFFICIAL U WITNESS: Lo EFTA00117031

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LIMITED o oO 22 start, again, I EFTA00117032

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LIMITED ies) w oO co io 3 3 OFFICIAL USE 4 My name is officer —_.. the Federal Bur my credentials. this time. Wow. an MR. death of inmate surroundin circumstan being a voluntarily provide answers to Will agree to a voluntary interview with >. And t form that we - and we just inte ewed just shortly, you know, a short time ago - but Department of Jus General, EFTA00117033

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LIMITED OFFICIAL USE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Basis. “You are being asked to provide information as part of an investigation being conducted by the Office of the Inspector General. This investigation is being conducted pursuant to the Inspector General Act of 1978, as amended. This investigation pertains to job performance failure and security failure. This is a voluntary interview. Accordingly, you do not have to answer questions. No disciplinary action will be taken against you if you choose not to answer questions. Any statements you furnish may be used as evidence in any future criminal proceedings, or agency disciplinary proceedings, or both.” And there’s a waiver section. It says, "I understand the Warnings and Assurances stated above and I am willing to make a statement and answer questions. No promises or threats have been made to me, and no pressure or coercion of any kind has been used against me.” You want to take a look? Again, it’s the same form from before, but if you agree, there’s an employee signature, and an employee’s name, where you print. . Thank you very much for EFTA00117034

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LIMITED OFFICIAL U 1 signing and printing your name. Today’s 4 MR. a -- 1:52 p.m. We are at Oo) Oo 17 and nothing but the truth during tt 25 All right. And you EFTA00117035

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LIMITED OFFICIAL USE 7 w ~] 10 11 12 18 19 20 already showed me your credentials, so I don’t need to ask you this background stuff. Are you currently employed by the BOP? ». And what is your current position with the BOP? vs. Receiving and Discharge. Correctional Systems Officer. MR. ia Is there any change since the last time we spoke to you? . i: Great. All right. So, this is just a supplemental interview. When we spoke last, you talked about some different documentation that we could potentially obtain in order to clear up some of the things we were looking at. Specifically, we were looking into Efrain Reyes. And when he was released, and what would have been put on the court list. The court transfer. So, when we last spoke, we talked about this daily log. This, I'm going to show you. It’s from 8/9/2019. And on the third page, where I’ve highlighted, it says Reyes was pre-removed at 0838, when you had mentioned, during our interview, that you can't EFTA00117036

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LIMITED ies) w co ive) oO co OFFICIAL USE 8 t i) bh bh 0) * i] ie] ct ; et = a he was removed at that point, us. i. is] rt rt J 7] rt is] , if he’s listed as pre-removed, it was highly unlikely that he would have been returned, and it was assumed that he was leaving the MCC, for good. Is that correct? . a: All right. Great. So, is that, in case you wanted to look at it. So, we went back, and we found these emails. And so, this is that we found was, this was from hii U Marshal Service. And this was to, it looks well as wu n us. Mm-hmm. MR. i: And then, it says, the wm subject, Transfer of Prisoners from NYM to 0.” What is GEO? us. It’s like a private prison that the Marshals transfer the inmates to when can't be housed in the BOP. EFTA00117037

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LIMITED ies) w co io ioe) co OFFICIAL USE 9 MR. MATULEWICZ: -- at 10:3 Ww Ww nd the ys a.m. body email, it says, “The following prisoners are to be transferred.” MS. | | : Mm-hmm. “Please schedule the transfer for Friday, and the date was 2019 at 3:36 p.m., was the attachments was NYM. All right. Great. Anc ond, the first two peopl] two people that were lis on this other EFTA00117038

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LIMITED OFFICIAL USE 10 1 email. And the second person, as you’ll see, is wm It says, Transfer within,” A rh 4K fu bh 5 3 right underneath, it says Judge, ™ 4 and then 5 | ee 6 MR. MATULEY What is TOT? 7 MS. f Like, when they transfer them 8 9 by looking at 10 you know what was he was being removed out of the institution, c Ww 0 rh Hh b- a k w i - co t te) a) then, we here 20 at the MCC, then, did know that he was on, and not coming ba 22 23 And would you be the 24 your work schedule. EFTA00117039

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LIMITED ive) w wo Ww No No e ) aa o its) No No ive) OFFICIAL USE 11 -. a. I think you couldn’t remember at the time. So, on the 8th and the 9th, it shows that y . a: Eight hours. And would you be the one that would ! created that court list for the SHU? pervisor that you would be the person SHU? that would ye created that. dbintroeeri:ieie my position that day, then I probably would it the night housing units the it in the EFTA00117040

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LIMITED OFFICIAL USE 12 is) tem. We print out call outs. And the 2 internal officer will disseminate it, and pass 3 it around to the unit officers. 4 MATULEWI So, the way that the SHU 5 would - you would give it to internal, and then 6 internal would bring it to the SHU? 7 MS. Fe That is correct. 8 MR. P| Okay. And what would the 9 SHU, what would they receive? 10 They receive a print—out of 11 the call out, of whatever this is. This here is people’s report (Indiscernible *00:08:22), ie} print out (Indiscernible *00:08:23) from 5 MR. P| So, they get a print—out ive) 16 of the actual document? 7 Not this document. A Sentry 8 devised document heir names in the 21 Sentry co It prints out a call 22 out receipt, with all the names, the times, and 23 the internal officer would then take it to the 24 housing based upon unit. EFTA00117041

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LIMITED ioe) io ioe) oO oo OFFICIAL USE 13 showed you -- people that received this in the SHU, in the housing unit that Efrain Rey staying in, they is leaving and not coming 17) know what those acronyms EFTA00117042

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LIMITED oO w ot) oO oo 22 OFFIC IAL USE out, and that -- MR. -- if the people, w With All say that we know WAB mean ve, nd send them or MS. EE Mm-hmm. That is — MR. Shouldn’t they that point, that they’re down to ong know, at yings, coming MS. We don’t k i) o rt a Oo n 0) MR. They t t Is ite MR No. So -- email those. No. EFTA00117043

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LIMITED ¢ 1 and e _ hough? 3 MS. ma. Mm-hmm. 4 uv. And how long is it maintained in Sentry? ms. J: 31 believe 45 7 MR. | 45 days. So, there is no created in Oo Oo oo a call out ho ie) Ps | | t rt 03) QO fw = K 1] A. b b- 3) + EFTA00117044

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LIMITED ies) w co io ioe) co OFFICIAL USE 16 actually called a court list. Call out list. what we do is, we go back in the night, like, if I have to delete it, and we do the next Maintained, how they’re maintained in even stored in the MR. Al) right. only be you EFTA00117045

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LIMITED OFFICIAL USE 17 nd I will 3 5 o a Perf All right. initialing and dating w ot) oO 17 MR. fF Thank you. rt 19 MR. ae : Thank you so much. All hing. Right? t fos] th 4 on wu rt i] worked in 24 con EFTA00117046

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LIMITED Oo) Oo OFFICIA So, this is just to refresh your memory. It midnight to rtime from Wait a minute. And I’ll -. I know | | was there with mes P| a s EFTA00117047

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LIMITED OFFICIAL USE 19 uw ~] 10 11 12 18 19 20 21 22 actually with you? us That number two was - would be in control with me. . Okay. So, that’s how it went. Okay. vee 6=60ti‘<‘éS that time, the number two. They normally they didn't have an internal number two, but that person is the person that was in there with me because, at that time, when they would put the internal number two on the roster, they would be the person that would assist the control center officer, in the control. And they would do the counts, and assignments, and do the - yeah - the counts. The call outs. If somebody was on suicide watch, and they had a companion swap out to come out to a work detail, they would take that companion off, put that new companion on, while food service came and they would key in the food service workers that would be off the housing unit, but at that time, we only have -. If we had anybody, it would be him. ve. okay. ms. BJ ves. yes. wR. Ms so - and you probably EFTA00117048

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LIMITED ies) w oO Qo nN ive) oO co wo OFFICIAL USE 20 told me this before, then - so, | ore be the one responsible for doing the counts, as -- MR. PY -- as the second. And what would your responsibility be? einsuring all the equipment was in the control it] Ss. isibility was oi) center, doing a body alarm testing. What else? i) 5] a] acking all the equipment. Doing the paperwork f as the security forms, (Indisc forms. And looking Popping ae Okay. But nothing to do with counts? MR. a: Okay. Then this might the n Fh not be too relevant. All right. A ar wu is) ifs) ct last person we talked about during our las interview was Fernandez, and we’ve since learned, through our reviews, that Fernandez was gone from the SHU around 1:40 p.m., and definitely moved to R&D at least by 3:15. vs i Oh, I recall that. EFTA00117049

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LIMITED Oo w ot) oO oo OFFIC and then, he was not keyed out of the SHU, And it shows that he was on August 2nd, 2019, ‘10/2019, Would ved in that at with what he Oo £ ability to units. EFTA00117050

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LIMITED OFFICIAL USE 22 2 i I mean, the control center the ability to do it. The ies) 4 lieutenants, if they know. They have the w ability to do it. The SHU officers have the 6 ability to do it. And co a] 9 could have 12 MR. ioe) something would have done in your role? 14 MS. ANDREA: No. Hmm-mm. 15 MR. And you don’t 16 doing that? 9 mind just -. And you’re there -. co these (Indiscernible 24 opinion, at that time, 12:35 a.m., who would 25 have been the one, then -- EFTA00117051

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LIMITED oO wo ioe) oO ao OFFICIAL USE ho MR. QM: | -- do you think, who two person b ve. N.S sts control. But it wasn’t you? But normally, the Ops don’t that. It’s normally What is MR. : And that’s it normally When an inmate is would t itrol -- EFTA00117052

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LIMITED ive) w io ioe) its) OFFICIAL USE 24 so ii Control. . i: -- or the housing unit oO Fh Hh b- Qa fil KR 03) unit us. No. Not the housi It would be the trol. typically, it’s within SHU, bed, uld be making in the but this is one to another loca rt ion. Like, physica out of that unit. That probably, likely, at that time, and it might ha un. a . Well, so, in this case, that’s not when he was moved. That’s just when EFTA00117053

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LIMITED ies) wi co wo ive) co OFFICIAL USE 25 However, it sounds like, when he was moved at approximately 3:00 the day before, August ue} 5 wo th, 2019, control should have been the one -- MR. QS «-- to do it. Is that ed from the SHU, that was his housing unit, and placed into R&D as his new housing unit -- MR. ae : -- and placed on dry cell, what—with staff assigned to him, who should hav s iz Control should have. The SHU officer should have notified i) ! ntrol, or him, and put him there, notified control this inmate moved should h from so and so place, and is placed here, and the control center officer should have been keying him at that location. EFTA00117054

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LIMITED OFFICIAL USE 2 on 1 have done it? 2 ms. MD pn-nom. MR. a. Perfect. Thank you. 4 MR. | If the officer who actually ies) 5 moved him actually wrote up a shot, also, for 6 moving him? Because if -- ~] MS. aa. Say that again. 8 MR. a: _— DO you know what a shot 10 MS. aa. Mm-hmm. An incident report. 11 MR. fg Incident report. Does that wo 2 mean that the officer was responsible for - or 3 to make sure that the control was aware that 4 inmate was being moved? 15 us. Well, whenever an inmate is 16 leaving your housing unit, going off your unit ~ completely, you should be notifying control, 8 and veri ng your base count and your unit 9 count. So, that’s what you should be doing. 20 ur. RM. «weil, what about in this he 21 case? If the person was actually in visiting, 22 and the reason why he got the shot was because 23 the person that was visiting him provided him 24 contraband. From there, they took him -. 25 ms. MM} we11, the unit officer might EFTA00117055

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LIMITED ies) w oO Oo i=) N ies) oO tes) wo No Nm No ion) OFFICIAL USE 27 ot necessarily know that, because somebody would have to tell that unit officer this person is being removed, going to SHU, because they got drugs on the visiting floor. So, the case, for ance, it was. the person who found him, was who saw what happened, and - E t! E * i -- actually is the one who placed him onto the dry cell, and is the one that wrote up the shot. s ia Oh, okay. Well then, he should have just ben notifying control he’ n going to dry cell. If it was dry cell within the SHU, then he d n't -- MR. —_ was dry cell in R&D. MS. i - - right, but if it was in SHU, he wouldn’t ha to notify nobody because it’s in SHU. MR. Right. MS. —a would just make the bed assignment change, but because he ally EFTA00117056

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LIMITED oO wo Ww oO oo wo OFFICIAL USE 28 physically left the unit, he should have been notifying the control center moved from §& down to R&D « Okay. 3 es uld have notified control and said, key this into mind quick How soon you move an got to do an EFTA00117057

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LIMITED ioe) io ioe) oO oo OFFICIAL USE 29 MR. done immediately, what could happen to the count? M together. last thing, I think -. Well, no, This one was the - and I think we about this already. the printe | I think this signature, as well. says, “Good verbal” at 12:49 p.m. ZA, it says 72. RA, it EFTA00117058

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LIMITED OFFICIAL USE 30 1 says one. However, and again, I think - which 2 we already discussed in our last one - and 3 according to the ZA count slips, on the very 4 last page, it says 73. 6 - And it shows, M. Thomas and Noel are the ones that signed it. 8 9 . And it shows they signed 10 it at 12:01 a.m. And do you have any knowledge 11 or recollection of this being a bad count? 2 Being that the El says 72, and the count slip 3 said that, it said 73. And you don’t -- 4 MS. 15 MR 16 MS Because normally, when 7 they’re take - that’s, like, the beginning of 8 the shift. So, normally, while they’re taking 9 count, I'm in there, verifying keys, making 20 sure equipment is there, radios is there, 21 checking all - everything else. So, while 22 they’re taking the count. So, I'm not 23 necessarily sitting right there, alongside 24 them, listening to what’s going on. EFTA00117059

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LIMITED ioe) w io ioe) © OFFICIAL USE 31 MS. | You know? So, no. MR. a : And if the Ops was a - this time, I believe Lieutenant taking that official count, where would that count be -? Where would she be taking the count? alongside alongside Cale. ct 7 oO k fy ct =a oO “i a oO ue] a] 0 ion fw oO a ha) ra i] t 0 ai 1] o Pa ct be io s) j + be there. And do you idwriting - do you know if that would ve handwriting, or u really tell by that? MS. | I know this | I writing this is. don't know whos EFTA00117060

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LIMITED No No iN ive) wi co io ioe) co wo Ww OFFICIAL USE 32 here, yeah. And you though, with No. That’s fine. Do you and dating it. MS. Now, that, I don’t. Are you MR. : And then, this. Can you to us what we’re lookin This is an, tind seernibtie evening watch shift, t+—fhe control center, the control number one pe key, count the keys, make sure Al ha 7) fs] And that’s what this is. So, each key, you’re on the keyring. So, that’s what this is. EFTA00117061

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LIMITED OFFICIAL USE 33 w ~] wo 10 11 ive) MR. Okay. So, when people go in and out of the institution, they get keys. bet ifs) that what it is? MS. | | No. At the end of the night, ¢ at the end of the night, on the evening shift, you got to account for all the equipment, and that’s the - to make sure those keys are there, and that those keys have this many -. Let me not s that, like that. Account for all the kK keys on the keyring. The keyring might say Al, five keys. So, there’s a chit on the keyring ro that says five. So, you have to make sure five keys is on that keyring. a. Okay. So, it’s kind of, like, it’s for equipment, though? Not for people? .: No. That’s for equipment. MR. a. Okay. And is there also one, though, for people? us. There’s one for people. To make sure who’ Zz . Yeah. So, like, I’ve been in other institutions where they have these, you know, the little rings that, if they go in or out of the institution, they grab EFTA00117062

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LIMITED OFFICIAL USE 34 1 their chip, or they put it back on -- 2 us. It’s a chit board. We have a 3 chit board here. 4 -— a. -- okay. So, that’s not 5 this, though? 6 MS. No. 7 MR. This has to do 8 specifically with equipment, if you take a 9 piece of equipment, then you take the chip to 10 go with it? 11 i No. That has to do 2 specifically, with accountability for keys. 3 Meaning, Al has 18 keys. So, if the chit on 4 the keyring says 18, you’re supposed to have 18 15 keys. So, if lock shop came and changed the 16 keys, and took one key off or added a key, that 7 key count would be different. It would be 8 another number for that key. So, you’re 9 verifying. That’s basically just verification 20 and accountability that this is how ever many 21 keys we have on that keyring. 22 MR. a. Okay. So, this is just 23 showing what keys, and if they’re actual keys, 24 and the accountability of those keys. 25 vs. RD cignt. And how many keys is EFTA00117063

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LIMITED OFFICIAL USE w ~] wo 10 11 ive) Wo wi on that ring. MR. FY All right. That was your question. Did you want anything more on that? un. With this showe—SHU;> any keys belonging to the SHU? And let’s say if the count was off, would it be reflected was off, would it be reflected in there? MR. | (Indiscernible *00:24:40) manner? . i. Would this have anything to do with the count? us Ei This doesn’t have anything to do with the count. This is just equipment. MR. fF No, no. I mean, the count for the keys, the number of keys. And let’s say the number of keys on that ring, and (Indiscernible *00:24:51) -. _" 8 No, because what the control center officer does is, on the evening watch hift, whatever keys is not in the control center, he’ll call up to the unit as he’s doing - as he’s testing body alarms, he’1ll say, what keys do you have? You’ll say, oh, I have 2 z of ‘ 7] Charlie nine, and with what. And he’1l tell EFTA00117064

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LIMITED Oo wo ot) oO oo 23 OFFICIAL USE 36 have Charlie nine with five ve, and he’ll will H bp. rt 0) t a 6 ct on = 3 Ae) 3 QA ct a O + J iy bh oO c ct o wu ot to What woul under? MS. Charlie keys. vu. Do you know MR. EFTA00117065

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LIMITED ive) w oO wo i=) N ive) oO co wo No N No ion) oO ty "y H Q ia fH n 4 Ww J starting, if I don’t -. If I recall. I think uv. If you don’t know -- us. SE: : -- there+s—they’ re Charlie and the @2—-Bravos. Because it’s - I think it n rt ow ini rt n w rt x ow ini bh } 1) 5 wu rt } it) b rt H o Oo 5 rt control center. MS. maz I can't tell you off the top of my head by looking, but I know it’s the and the Bravo keys. Because one and one is a cell door key. MR. a. Can you initial and date MR. a : (Indiscernible *00:26 question (Indiscernible *00:26: MS. | Yeah. But - yeah - this doesn't tell you who had the keys. It just a Is there a way to identify who signed out the or anything like that? i o BR o oO = wo EFTA00117066

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LIMITED oO io ioe) oO oo wo OFFICIAL USE 38 MS. No, because ever their chits on it. We don’t sign out ke MR. MS. give the giving EFTA00117067

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LIMITED OFFICIAL USE Wo its] have chits, and lock not here, go to the lieutenant’s WwW 12) Fh Hh bh QO 1) . he 12] c Q 0 rt ifs] ° 3 o cr oO 3 ire] a a pe rt n And then, And then, when w you return the 6 temp chits back to the lieutenant’s office, but 7 everybody -. It depends on if you come from 8 another institution, you already come with 9 extra chits on you -- 10 vR. MMU Sight. 11 MS. P| -- because you got those from institution. So, everybody N ke is) = K ue] tad D Bb 13) Ps mn amount of chits. 4 Se : And does it WwW Q ie] o u 5 rr a ry Oo rt J 0 it) fu | 0 your name f oo Co Hh i = 0 | wu fog J 9 MR. i : So, if you have to borrow a If you have to borrow a chit? 22 MR. FG Yeah. If you forgot them 23 or something, and you’ve got to go and get one 24 to 25 MS. a The temp chit says temp on EFTA00117068

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LIMITED ioe) io ioe) oO oo OFFICIAL USE 40 on howev Ms. BMJ «Sout that’s -- MR. Ms Thank you. And this count happens only do it when shift, when like, for, like, EFTA00117069

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LIMITED OFFICIAL USE 41 10 11 12 13 14 16 18 19 20 21 22 23 24 at that time, we was on three shifts. So, the evening shift would do this, anywhere between MR. ae . So, this document you were looking at, would have been somewhere between 4:00 and 6:00 on 8/9/2021. The next one wouldn’t be done until -- us. Zi Because they have up until -- VR. -- (Indiscernible *00:28:42). s -- the end of their shift to turn this in. MR. PF Sure. us. So, most of the times, if you have officers on the unit, it’s feasible to take the key count when you’re doing your body alarm testing of the unit officers, and verifying that officers on duty asking who’s on shift, so you can write their name for that post. So, it’s always easy to do it at that time. So, normally, for the officers, this would take place during, when their body alarm is being tested. And that’s normally at the start of your shift, that you test your body alarm, when you come in the institution. EFTA00117070

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LIMITED ies) w oO fos) wo ive) co OFFICIAL U hat’s -- s MS. -- primarily. The last question. If there . Mm-hmm. MR. --h ened to be a set of keys missing, is that recorded anywhere? If you write it in a logbook, ou notify the lieutenant, but if it’s missing, and it can't be found, then yeah, it gets written down. But if it’s missing and it’s located, and it’s returned, then it’s not really missing because it’s, oh, I, you know, if you say - prime example - you’ll s here, but you know so and so then, they’1ll turn around, becai supposed to turn around immediately and bring the keys back to the institution. If you happen to go home with or on your belt, or EFTA00117071

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LIMITED OFFICIAL USE 43 1 something. 3 us. Or still on your waist. Or 4 you just forgot to just transfer over the keys 5 to the relieving officer. That has happened. 6 If somebody went home, you know, left out the 7 institution with the keys on, and just didn't 8 think to give it to the officer, by accident. 9 And had to come back and bring the keys back. 10 So, yeah. 11 ue. TE 5: in this case, you 2 couldn’t get, like, the key to, like, actually 3 get in and out of the SHU. Correct? Because 4 that inner door, that’s not on that board. 15 Correct? 16 MS. | Hmm-mm. Nobody just pops a 7 key, uses a key to get in SHU. Nobody - 8 everything is always by the control center, in 9 order to get into SHU - nobody can just walk up on eur «ct , ; r . 20 to SHU with a key and go in and out. 23 ur MN. © so, would these keys, 24 when you said there’s these keys, there’s some 25 SHU on there, with the Charlie -- EFTA00117072

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LIMITED 1 oO OFFICIAL pop the door; MR. the out with inner MS. The door keys? inner No one the inner in , and handcuff and EFTA00117073

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LIMITED OFFICIAL U 1 19 much. re welcome. 23 MR. PF Anything else that you , Since the last time we spoke, EFTA00117074

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LIMITED OFFICIAL USE 46 1 MS. Ft Hmm. No. No. 2 MR. fF All right. Well, we oO 7 MR. 8 | is Senior ° b 3 ct c Hr 3 3 Oo Fh 1 ct > a) 8 nn) QO s) K Q @ ial ive) oO oo EFTA00117075

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LIMITED OFFICIAL USE 47 EFTA00117076

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LIMITED OFFICIAL USE 48 1 CERTIFICATE 2 I hereby certify that the foregoing pages 3 represent an accurate transcript of the 4 electronic sound recording of the proceedings 5 before the Department of Justice, Office of the 6 Inspector General in the matter of: 8 Interview of S'AMAR ANDREA 10 u Bacaree. Coe GET 12 Brianna Rose Burton, Transcriber 13 14 15 16 17 18 19 20 21 22 23 24 25 EFTA00117077