10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIGITALLY RECORDED SWORN STATEMENT OF OIG CASE #: 2019-010614 DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL AUGUST 5, 2021 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: (818) 431-5800 EFTA00117078

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LIMITED ies) co co OFFICIAL USE APPEARANC OFFICE OF WITN THE INSPECTOR GENERAL EFTA00117079

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LIMITED ies) w co ioe) co its) No N No Wa OFFICIAL USE 3 ee : The recorder is on. My the the the date is August 5, p.m. This interview is being conducted at the Metropolitan Corre r, located in New York, New York. Also present is cial Ag i) will be eryone ple rd, and spell their last name? EFTA00117080

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LIMITED OFFICIAL USE ive) w ~] wo 10 11 ive) I-E-L. Here is my credentials. a : Okay. My name is officer | with the Federal Bureau of Prisons. Last name a. ae. And these are my credentials. ae : You got your credentials this time. Wow. Fancy. All right. MR. a: Thank you. | sti‘és Thank you. I am looking at a picture, which it does match the person sitting in front of me. This is an official OJ investigation into the death of inmate Jeffrey Epstein and the surrounding circumstances, and you are being asked to voluntarily provide answers to our questions. Will you agree to a voluntary interview with the DOJ/OIG? ee : All right. And there’s form that we - and we just interviewed you, just shortly, you know, a short time ago - but it’s the same form. It says, United States Department of Justice, Office of the Inspector General, Warnings and Assurances to Employee Requested to Provide Information on a Voluntary a EFTA00117081

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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. ae : Mm-hmm. Okay. es : Thank you very much for EFTA00117082

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LIMITED oO io ioe) oO oo wo No Wa OFFICIAL USE 6 >, New York. And I'm signing my name. Again, this is | i sstsi‘ésll you go, Special Agent a. if) Ee : Thank you. Before tarting the interview, I’d like to right hand? Do and nothing but the truth during this the OIG in Aug 2019, and then again, by myself and Ee : All right. And you EFTA00117083

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LIMITED OFFICIAL USE 7 10 11 12 13 14 16 18 19 20 21 22 23 24 already showed me your credentials, so I don’t need to ask you this background stuff. Are you currently employed by the BOP? ee : And what is your current position with the BOP? a : Receiving and Discharge. Correctional Systems Officer. ee : Is there any change since the last time we spoke to you? ee : 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 EFTA00117084

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LIMITED OFFICIAL USE 8 1 tell exactly why he was removed at that point, 2 just that, if he’s listed as pre-removed, it 3 was highly unlikely that he would have been 4 returned, and it was assumed that he was 5 leaving the MCC, for good. Is that correct? 6 a : That is correct. 7 Ee : All right. Great. So, 8 there is that, in case you wanted to look at 9 it. So, we went back, and we found these 10 emails. And so, this is just the first email 11 that we found was, this was from a Sampson 2 Choo, C-H-O-O, from the U.S. Marshal Service. 3 a : Okay. 4 ee: And this was to, it looks 15 like - I'm assuming all of R&D, as well as 16 yourself. 7 Es: e-hn. 8 ee : And then, it says, the 9 subject, “Transfer of Prisoners from NYM to 20 GEO.” What is GEO? 21 a : It’s like a private prison 22 that the Marshals transfer the inmates to when 23 they can't be housed in the BOP. 24 ee : Okay. And it says, date, 25 Thursday, August 8, 2019 -- EFTA00117085

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LIMITED ies) w co wo ive) oO co OFFICIAL USE wo d the body of the email, it “The following prisoners are to be transferred.” Mm-hmm. And it’s two people’s So, there’s that one. email that came out it’s from ano Service, with the last name Elzahr, E-L-Z-A-H- subject, “Prisoner “and the date was Thursday, August 8th, 2019 at 3:36 p.m., was attachments was NYM. ond, the first two people are the same All right. Great. And t two people that were listed on this other EFTA00117086

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LIMITED No No No No ies) w oO co ive) oO co wo ion) wi OFFICIAL USE 10 1) mail. And the second person, as you’ll see, is Efrain Reyes. It says, “Transfer within,” then, right underneath, it says Judge, MCC, TOT, and then GEO. Ee: n-hm. HE: «What is ToT? a : Like, when they transfer them out of the prison. know what was 7) ion U) bh S iQ officially removed out of the institution, going to court, a : No. He was going to be transferred to another prison. at the MCC, then, did know that he was So then, we here another prison, and not coming back to a : That is correct. ee : And would you be the person -? So, here’s your work schedule. EFTA00117087

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LIMITED No No No ies) w co ive) co wo ion) OFFICIAL USE 11 I: 2 hink you couldn’t tI fos) remember at the time. So, on the 9th, it shows that were working regular ae : Eight hours. And would you be the one that would have created that court list for the SHU? Ee : Yeah. We were told by your supervisor that you would be the person that would have created that. 10:00 for Small. Probably. I don’t recall, but if that was my po a : So, we do it the night before, and send it out the housing units the it up to their units for the next day, for production. ee : Okay. And then, what is EFTA00117088

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LIMITED ies) w oO ive) oO co OFFICIAL USE 12 sy m tem. We print out call outs. internal officer will disseminate it, and pass it around to the unit officers. Ee : So, the way that the SHU would - you would give it to internal, and then J the call out, of whatever this is people’s report (Indiscernible *00:08:22), they print out (Indiscernible *00:08:23) from of the actual document? Not this document. A Sentry Sentry computer stem. It prints out a call We put their names in the out receipt, with all the names, the times, and the internal officer would then take it to the housing unit. EFTA00117089

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LIMITED ioe) oO io 3 23 OFFICIAL USE 13 this information that I just showed you -- would it said that mean that he’s leaving and he unit that Efrain Rey 0 A D ke U not coming would know. not know what th EFTA00117090

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LIMITED Oo w ot) oO oo 22 OFFICIAL USE say that we know WAB d have, and send that point, that the -- if the people, let’s means With All ongings, iv ii) Q them or know, at Shouldn’t they a! y’re leavi coming find that list the didn't email those. EFTA00117091

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LIMITED o Oo co 95 and then, you said it’s OFFICIAL USE Mm-hmm. And Mm-hmm. actually how + long is called a created in call out EFTA00117092

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LIMITED No No iN ies) w co ioe) co © ion) OFFICIAL USE 16 actually called a court list. ause normally, what we do , if I have to do a new call list for the next day, I delete the previous call list, because then you’ll call lists. So, we go in, we delete it, and we do the next one for the next know if maintained in even stored in the only be stored for that 24-hour period, until you do your next list. Because we’re in and delete the call out. And next day, like say, for example, tonight, I EFTA00117093

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LIMITED ho ho ho No i) ioe) w io © Wa OFFICIAL USE 17 will be deleting today’s call out, and I will be entering tomorrow’s call out. ay So, that’s how it’s suppos a oO ie] ae : Perfect. All right. Do you mind just initialing and dating 4 t 1s) not i) rtifying the accuracy. It’s simply 1g that that’s what Mm-hmm. on, and Okay. Okay. a : That’s everything. is going to be wi Fernandez. Do us talking to you about an inmate Fernandez? I know you worked in control. EFTA00117094

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LIMITED Oo Oo lot. It ignment roster. It midnight to in control I have a control two. Wait a minute. a : I know | | was there with nal would be EFTA00117095

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LIMITED OFFICIAL USE 19 uw ~] 10 11 12 18 19 20 21 22 actually with you? a : That number two was - would be in control with me. went. Okay. a : At 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. ae : Yes. Yes. ee : So - and you probably EFTA00117096

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LIMITED OFFICIAL USE 20 1 told me this before, then - so, || would be the one responsible for doing the counts, as -- ies) n the second. And 5 what would your responsibility be? 6 a : My responsibility was 7 ensuring all the equipment was in the control 8 center, doing a body alarm testing. What else? 9 Tracking all the equipment. Doing the 10 paperwork as far as the security forms, 11 (Indiscernible *00:13:37) security forms. And 2 looking up at cameras periodically. Popping 3 the doors. 4 ee: Okay. But nothing to do with counts? 7 Ee : Okay. Then this might w oO 8 not be too relevant. All right. As far as the 9 last person we talked about during our last 20 interview was Fernandez, and we’ve since 21 learned, through our rev Fernandez 22 was gone from the SHU around 1:40 p.m., and 23 definitely moved to R&D at least by 3:15. 24 a : Oh, I recall that. EFTA00117097

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LIMITED Oo w ot) oO oo 23 OFFICIAL USE 21 HS: «ts didn't recall his name. Ee : And it shows that he was 2019, and then, he was not keyed out of the SHU, put into his that stand for Would din that at 0 not with what nl oO £ the ability to sing units. EFTA00117098

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LIMITED No No iN ies) w co io ioe) co © ion) OFFICIAL USE oO Oo i) co) | a : I mean, the control center The offic have the ability to lieutenants, if they know. ability to do it. The S$ ability to do it. And R&D has the ability to something you would have done in your role? a : No. Hmm-mm. es : And you don’t doing that? mind ju And you’re there -. Actually, (Indiscernible at that time, 12: the one, then -- ZZ EFTA00117099

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LIMITED ies) io ive) oO co OFFICIAL USE ho rn) b b ] | ee : -- that would be the number Ops ee : Okay. But it wasn’t you? But normally, the Ops don’t that. It’s normally The fifth? it normally When an inmate is would t trol -- EFTA00117100

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LIMITED ioe) io ioe) oO oo OFFICIAL USE Control. within SHU, like say that’s not when he was moved. Not the housi ion. Like, unit Just the SHU? be the control. typically, it’s from an bed to ld be making but this is one physica ikely, That’s just we bel ieve that actually -- eutenant did one who figured it out. EFTA00117101

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LIMITED OFFICIAL USE 25 1 However, it sounds like, when he was moved at 2 approximately 3 p.m. the day before, th, 2019, control should have been the one -- ies) wo it. Is that wi | | ct Oo jon O Oo oo a a < ue] oO ial wn + is) ct p bh fu Hh rt fu oO Q fu | b | S i=) 00 p.m., he was ved from the SHU, 2 that was his housing unit, and placed into R&D Wa wu 17) a Pp. n 5 ® housing unit -- 5 ee : -- and placed on dry 16 cell, with staff assigned to him, who should 7 have -? 8 a : Control should have. The SHU 9 officer should have notified control, or 20 whoever was moving him, and put him there, 21 should ha notified control this inmate moved 22 from so and so placed here, 23 and the control center officer should have been 24 keying him at that location. EFTA00117102

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LIMITED OFFICIAL USE ies) w ~] wo 10 11 ive) w ~ have done it? a : Mm-hmm. ee : Perfect. Thank you. MR. ae: If the officer who actually moved him actually wrote up a shot, also, for moving him? Because if -- a : Say that again. MR. a: DO you know what a shot i a : Mm-hmm. An incident report. MR. a: Incident report. Does that mean that the officer was responsible for - or to make sure that the control was aware that inmate was being moved? a : Well, whenever an inmate is leaving your housing unit, going off your unit completely, you should be notifying control, and veri ing your base count and your unit count. So, that’s what you should be doing. ee : Well, what about in this case? If the person was actually in visiting, ket and the reason why he got the shot was because the person that was visiting him provided him contraband. rom there, they took him -. ae : Well, the unit officer might not necessarily know that, because somebody on EFTA00117103

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LIMITED OFFICIAL USE 27 1 would have to tell that unit officer this 2 person is being removed, going to SHU, because 3 they got drugs on the visiting floor. So, the 4 unit officer might not necessarily know that, 5 but -. 6 ae : Well, let’s say, in this 7 case, for instance, it was. It was actually 8 the person who found him, was the OIC of the 9 SHU, he’s the one who saw what happened, and -- 11 Ee : -- actually is the one 2 who placed him onto the dry cell, and is the ive) one that wrote up the shot. 4 a : Oh, okay. Well then, he 15 should have just ben notifying control he’s 16 going to dry cell. If it was dry cell within 7 the SHU, then he doesn't -- 8 ee : It was dry cell in R&D. 9 a : -- right, but if it was in 20 SHU, he wouldn’t have to notify nobody because 21 it’s in SHU 23 a : He would just make the bed 24 assignment change, but because he actually 25 physically left the unit, he should have been EFTA00117104

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LIMITED ies) w co io ioe) co OFFICIAL USE ho notifying the control center, I got one being moved from SHU down to R&D for dry cell. : Okav notified control and said, key this should have into but anybody that was in the y him, working that It’s know, because we all responsibility. t initialing and dating that -- ay. Perfect. Do oO mind ju MR. a: I'm sorry. I estion on the same thing. should that update be ke w a : Immediately. got to do an account for EFTA00117105

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LIMITED OFFICIAL USE on i i i) 1 where that per 2 MR. a: Now, let’s done immediately, what could happen to the ] if it wasn’t ies) 4 count? NS: es have a bad count. w 7 together. Keep it in order. And then, the 8 last thing, I think -. Well, no, because 9 s, like, two more. This one was the - ould have been the one Nm 5 | J =| -- the count. Correct? 5 es : So, and I think we ive) 16 4 8 9 the count " 20 printed at 21 MMM, and I think 22 signature, as well. 23 says, “Good verbal” 24 RA, it 25 - which EFTA00117106

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LIMITED ies) w oO wo i=) N ive) oO co No Nm No ion) OFFICIAL USE we already discussed in o according to the ZA count last page, it and Noel are the ones tha at 12:01 a.m. Mm-hmm. cr And do h or recollection of this b 72 rt a iti) it ra Being that Because that’s, li the shift. So, normally, I'm in there, sure equipment is there, everything re taking the count. necessarily sitting right them, listening to what’s You kno And it shows, M. ur last one - slips, on the very Thomas t signed it. And it shows they signed you have any knowledge eing a bad count? , and the count slip And you don’t -- no? normally, when ke, the beginning of while they’re taking else. So, going on. Ve Wr oO, no. EFTA00117107

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LIMITED OFFICIAL USE 31 1 ee : And if the Ops Lieutenant I believe gnature on top of i. If sh 4 taking that official count, where would that .) oy is] wu ct rt 7 B n ct bh =] i) , 1) Ww ct S i rt nu a oO H ps te} 3 wu “ c R o oO 5 w count be -? Where would she be taking the 6 count? 7 a : In the control center, 8 alongside tt unting 9 alongside i. 12 WN: tf the ros said she was ioe) there, then she probably was there, but 15 18 ee : -- all right. And do you F © an j Oo = \ ct 7 B u rm un nice handwriting - do you 20 know if that would be F handwriting, or 1 really tell by that? 22 a : I know this is a. I writing this is. ho Ww O 5 ct w 5 Q = > fe) i o EFTA00117108

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LIMITED ies) w oO co ive) co wo OFFICIAL US nm 4 34 This is his right here, yeah. ay. Perfect. And you getting on the phone, though, with the SHU, Ee : No. That’s fine. initialing -- , I don’t. Are you re looking at here? evening watch shift, the control center, the control number one person is responsible for what this is. So, for the amount of keys on the keyring. So, that’s what this is. EFTA00117109

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LIMITED OFFICIAL USE w ~] ive) wo ios) Is that what it is? a : 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 say that, like that. Account for all the keys on the keyring. The keyring might say Al, five keys. So, there’s a chit on the keyring that says five. So, you have to make sure five keys is on that keyring. ee : Okay. So, it’s kind of, like, it’s for equipment, though? Not Hh people? ae : No. That’s for equipment. Ee : Okay. And is there also one, though, for people? a : There’s one for people. To make sure who’s on duty? HE: =X e2h. $ 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 their chip, or they put it back on -- ee : It’s a chit board. We have a EFTA00117110

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LIMITED OFFICIAL USE ies) w ~] wo 10 11 ive) chit board here. ee : -- okay. So, that’s not this, though? ee : This has to do specifically with equipment, if you take a piece of equipment, then you take the chip to go with it? a : No. That has to do specifically, with accountability for keys oo Meaning, Al has 18 keys. So, if the chit on if] the keyrin BP s. So, if lock shop came and changed the keys, and took one key off or added a key, that key count would be different. It would be another number for that key. So, you’re verifying. That’s basically just verification and accountability that this is how ever many keys we have on that keyring. Hs: «Okay. So, this is just showing what keys, and if they’re actual keys, and the accountability of those keys. a : Right. And how many keys is 3) Ee : All right. That was your Ww says 18, you’re supposed to have 18 EFTA00117111

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LIMITED OFFICIAL USE 35 10 11 12 13 14 16 18 19 20 21 22 23 24 question. Did you want anything more on that? MR. a: With this show 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. QJ: 39 (Indiscernible *00:24:40) manner? ee : Would this have anything to do with the count? ae : This doesn’t have anything to do with the count. This is just equipment. MR. a : 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) -. ee : No, because what the control center officer does is, on the evening watch shift, 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’ll say, what keys do you have? You’ll say, oh, I have Charlie nine, and with what. And he’1l tell you, you’ll say, I have Charlie nine with five or whatever amount of keys you have, and he’1ll EFTA00117112

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LIMITED OFFICIAL USE 36 ioe) io 13 whole 14 yeah would What woul t o o c fer) 4 J 0) rm laf be Bb o rn) ke ro) Charlies? So, I think, 23 starting, if I don’t -. If I recall. I think tart at -- 25 MR. ae: If you don’t know -- EFTA00117113

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LIMITED OFFICIAL USE 1 a : -- they’re Charlie and the 2 Bravos. Because it’s - I think it start wo n uy) rt WwW ) J wu in be Hn o ; ny] rt k its] bh rt I don’t remember. I just 4 cnow the 2ys when I'm in the control center. 5 6 't tell you off the top 7 but I know it’s the 8 Charlie keys, Bravo keys. 9 is a cuff key, and one is a cell door key 10 ive) stion (Indiscernible *00: co Q is) i) ts) 3 +t t tell you who had the keys. It just 20 MR. a: Is there a way to identify thing like that? 22 a : No, because everybody puts 23 their chits on it. We don’t sign out keys. 25 ee : Nobody signs out key EFTA00117114

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LIMITED ies) w oO co wo 3 OFFICIAL USE 38 what equipment. So, when you take a key, How do spell chit? ving the k chits back. So, that’s what that’s for. you lose a chit, you can alwe hits. Or if hop is not here, go And then, then, when EFTA00117115

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LIMITED ioe) w io ioe) co © No Wa OFFICIAL extra chits or something, USE to use. like this. the lieutenant’s you cc institution, titution. and you’ve return the ffice, but 12) me from re] 3 you already come with fou got those from chits. your name have to borrow borrow a chit? It looks my ring. EFTA00117116

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LIMITED oO 9 3 OFFICIAL USE it But some of them are square, some MR. ae: And this count happens only nce a day, on the evening wat fF : Mm-hmm. Yup. it when when for, like, EFTA00117117

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LIMITED OFFICIAL USE 41 1 were looking at, would have been somewhere 2 between 4:00 and 6:00 on 8/9/2021. The next 3 one wouldn’t be done until -- 4 ee : Because they have up until -- 5 ee : -- (Indiscernible 6 *00:28:42). 7 a : -- the end of their shift to 8 turn this in. 10 a : So, most of the times, if you 11 have officers on the unit, it’s feasible to 2 take the key count when you’re doing your body 3 alarm testing of the unit officers, and 4 verifying that officers on duty asking who’s on 15 shift, so you can write their name for that 16 post So, it’s always easy to do it at that 7 time. So, normally, for the officers, this 8 would take place during, when their body alarm 9 is being tested. And that’s normally at the 20 start of your shift, that you test your body 21 alarm, when you come in the institution. 22 That’s -- The last question. If Cool. -- primarily. there EFTA00117118

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LIMITED OFFICIAL USE 42 w ~] 10 11 12 18 19 20 was -- a : Mm-hmm. MR. a: -- happened to be a set of keys missing, is that recorded anywhere? a : If you write it in a logbook, and you 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 say inmate so and so chit is here, but you know so and so is gone, and those chits should have been back. You might call them and say, hey, do you have keys, so and so? And they’ll say, oh, yeah, and then, they’1ll turn around, because you’re supposed to turn around immediately and bring the keys back to the institution. HS: «sf you happen to go home with it in your pocket, or on your belt, or something. ae : Or still on your waist. Or you just forgot to just transfer over the keys EFTA00117119

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LIMITED OFFICIAL USE 43 1 to the relieving That has happened. 2 If somebody went home, you know, left out the ies) institution with the keys on, and just didn't 4 think to give it to the officer, by accident. 5 And had to come back and bring the keys back. 6 So, yeah. 8 couldn’t get, like, the key to, like, actually 9 get in and out of the SHU. Correct? 10 that inner door, that’s not on that Hmm-mm. Nobody just pops a N 3 key, uses a key to get in SHU. Nobody - 4 everything is always by the control center, in 5 order to get into SHU - nobody can just walk up to SHU with a k oO and go in and out. oo 2 ie) 20 when you said there’s these keys, there’s some with the Charlie -- No Nm Mm-hmm. No ion) | | 24 a : The Charlie keys. 25 Ee : -- what are you referring EFTA00117120

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LIMITED OFFICIAL 1 , and handcuff Oo) 13 Right. And the 14 c the door on the ? 15 Yup. 16 Okay 17 Mm-hmm. in and 19 out with the inner EFTA00117121

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LIMITED OFFICIAL U 1 door key that you can sign in and out of. not You’ re welcome. 17 MR. a: I'm good. Thank 18 ae : Anything else 19 think of, the le time we spoke, 2 that we d know about? 21 HE: mn. Nos 23 ca 9 EFTA00117122

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LIMITED OFFICIAL USE 46 ies) is Senior § 4 I'm turning off the recorder. co co EFTA00117123

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LIMITED OFFICIAL USE 47 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: 10 : 11 Brcaren. (ose OCCT 12 Brianna Rose Burton, Transcriber 13 14 15 16 17 18 19 20 21 22 23 24 25 EFTA00117124