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 SEPTEMBER 1, 2021 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: (818) 431-5800 EFTA00117355

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LIMITED OFFICIAL USE 1 APPEARANC ies) OR GENERAL co WITN te) ive) co EFTA00117356

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LIMITED ioe) w io ioe) its) OFFICIAL USE 3 Agent with the U.S. Department of Justice Office of the Inspector General New York Field Office and these are my credentials. a : This interview with 3 Special Agent Ee . This interview will be recorded EFTA00117357

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LIMITED OFFICIAL USE w ~] ive) a : Thank you. Lieutenant an official DOJ investigation into the death of inmate Jeffrey Epstein and the surrounding And you’re being asked to voluntarily provide answers to our questions. Will you agree to | voluntary interview with the DOJ OIG? ee : Thank you, sir. This is the United States Department of Justice Office of the Inspector General Warnings and Assurances to Employee Requested to Provide Information on | Voluntary Basis form. It Says, 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 | voluntary interview. Accordingly, you do not have to answer questions. No disciplinary EFTA00117358

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LIMITED OFFICIAL USE w ~] 10 11 12 18 19 20 w action will be taken against you if you choose not to answer questions. Any statement you furnish may be used as evidence in any future criminal proceeding or agency disciplinary proceeding or both. And there is | waiver section and it says, I understand the Warnings and Assurances stated above and I am willing to make | statement and answer questions. No promises or threats have been made to be and no pressure or coercion of any kind has been used against me. You want to take | second - | minute - to look at this? And if you agree, there’s an employee section and there’s an employee’s name. Sign the employee signature and print where it says employee’s name. a : Oh. That’s it? MR. a: Print your name right below that. a : Okay. The date and time ee : I can fill that out. ME: thnk you, sir, for x signing and printing your name. All right. | | signing as the Special Agent. And I am EFTA00117359

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LIMITED ioe) w oO io 3 3 OFFICIAL out the rest of this form? nothing but the truth during this interview? Eee : Thank you, sir. All rect that you were interviewed regarding the Epstein matter 2019, we just just had i couple follow-ups. So an actual transcript down to wording, but j EFTA00117360

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LIMITED OFFICIAL USE 7 10 11 12 13 14 16 17 18 19 20 21 22 23 24 summarize so we don’t have to like flip through the -- ee : -- pages. So page - | | just going to read | few of these things and then I’1l get into the questions. It says on page 43, “I knew he was going downstairs.” So WAB - so we’re talking about inmate Reyes right now. Do you remember Efren Reyes? (Phonetic Sp. *00:04:08) ee : He was WAB. He was Epstein’s cellmate. So we’re just trying to follow-up | little bit more on what happened with Reyes. So again, on page 43 you said, “I knew he was going downstairs. So WAB means with all belongings. And you go to R&D. you’re supposed to leave within probably an hour and knock on back. But there have been times that they go downstairs for all their stuff and they come right back upstairs whether it’s to SHU or to | unit.” And then on the next page on 44 it says, “There’s been | lot of times that we take them downstairs. Two-three hours later something happens. You know what, EFTA00117361

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LIMITED OFFICIAL USE w ~] ive) go right back upstairs. You leave tomorrow or the next day.” Page 45, you talked about in the interview the daily log. Do you recall? This is the daily log and on the back page you’1l see where it says Efren Reyes and where he was pre-remove. ee : It says, “During an interview we searched the daily log that shows Reyes was pre-removed at 8:35 i. on August 39, 2019. You said that that means that Reyes left the building at most likely not going to return. If he was going to court, it would just say “court” next to his name.” is that Correct? a : Correct. eee: Okay. Page 46 you then said that pre-remove and WAB are basically the same thing. Is that correct? HE: Correct. ee : All right. Page 47 and 48, then you said, Since the daily log said pre-remove, that means that the callout sheet court roster likely said WAB next to Reyes’ name. When he was removed from the SHU. And EFTA00117362

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LIMITED OFFICIAL USE 9 10 11 12 13 14 16 18 19 20 21 22 23 24 you believed that is what it said. is that Correct? ee : All right. Page 49, you then said that an inmate who was going to court would not leave with all their belongings and said that Reyes left with all of his belongings. a : Correct. ee : All right. You then said that Reyes should have been replaced as soon as it was confirmed that he left the building. So after talking with you, we talked to R&D, and we reviewed | bunch of documents. And we found these - emails that we found from August 8, 2019. You wouldn’t have received them. But - or at least I don’t believe you did. So the first one was sent at 10:33 a. and it says that the following prisoners are being transferred. It says Reyes, Efren. Please schedule the transfer for Friday, 8/9/2019. Please include seven days of medication with medical summary. Thank you. Did you ever receive that? EFTA00117363

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LIMITED ies) w co wo ive) oO co OFFICIAL USE And then on August 8 ere’s | prisoner s Efren tra says meaning t from the said court it would have it would leaving, Sa it did. you told Correct? then also, reviewing one of the that. I guess - did the two that wu re down to -? And Epstein wa Ep R&D. conference. 10 You don’t. , 2019, at 3:3 chedule report. nsfer within. It hat he wa MCC to GO Right. with That lines up your like if he was going to said court. Right. And if it - if he was y pre-remove Correct. All right. And us other intervie you and officer escor ed both Reyes and Reyes was going to I think s going to attorney with Monge was EFTA00117364

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LIMITED ies) w oO co wo QoQ 12 Le 13 15 23 OFFICIAL USE 11 you though? Be w c 7) 0) oO J ct is) his last interaction with Epstein was on August 9, 2019 while doing an escort with Officer a. Monge stated that | told that he would need i new cellmate since Pretty much. yeah-yeah. And you Yeah. read that. him you’re going EFTA00117365

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LIMITED OFFICIAL USE 12 | rt a p cr A = a 1] 5 on 1) = wu ty 1 down at least by 8: 2 as 3 sometimes 4 could alwa ake an hour or two -. HE: «ts longer until the - sometimes it’s not -- w oO @ rh ° 5 ct y o ive) replaced 4 prior to 2:00 i. if, you know, 8:00 all the hours later. a : Well he was in attorne 8 wo replaced and - or nN N 2 j=} Q u O RK K for interrupting. Ee : To mine, he wasn’t replaced use he didn’t’ need | replacement right was still and there. EFTA00117366

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LIMITED OFFICIAL USE 13 w ies) ~] wo 10 11 ive) downstairs. So pretty much I guess he got | couple of hours to search for the bunkie or let somebody know. I really don’t know. I wasn’t replaced. So when we talked to you though, you said he wasn’t replaced because you didn’t know that he wasn’t going to return. Correct. : But in reviewi g all of this and reviewing your statements, and then reviewing everything, we did know he wasn’t going to return. And you even said like no he was WAB - that’s not court. He was leaving and if he didn’t’ come back within | few hours, and we knew he wasn’t leaving. ee : He goes downstairs at 8:00 in the morning, he could still come back. Like m wu id before, he could still come back right before the count. Because the count is at 4:00. ee: How would that happen if before when you’re -. Again, in your statement you said it could take like an hour or two but EFTA00117367

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LIMITED OFFICIAL USE 14 1 if he’s not back then, you know, your exact 2 statement was, “There’s been | lot of times 3 when I take them downstairs you know two-three 4 hours later something happens. You know what, 5 go right back upstairs. You leave tomorrow or 6 the next day. So this was obviously | lot 7 longer than two or three hours. So why was it? 8 And I guess - the way that you had said, it’s 9 kind of like you passed it along saying make 10 sure he gets i bunkie. Right? You said that 11 you told Officer Ha. But why didn’t -? ive) 15 That’s what you said -- 16 7 at 2:00 right? So but 8 the proper - the 9 notifications made prior to that time to get 20 him [J bunkie? 21 ae : I really don’t remember why 22 it wasn’t done. Or I don’t think there was Jj 23 reason why it wasn’t done. I mean it was hours 24 but it’s not just one thing going 25 on. EFTA00117368

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LIMITED OFFICIAL USE 15 1 ME): Ye2h-yeah-yeah. So you knew though that he wasn’t coming back, right? ae : No, I didn’t. I never said 4 I didn’t. ies) wi Then how can you say that 6 though? Because you said t 7 he’s gone 8 HE: ith all belon t ioe) The count at 4:00 i. ple hours means two. c fee) 0 bh a ' ion ie] 3 rt a wu 0) n ie] o Qa b rh Bb a 9 times. I don’t - like I really know how to say anything or what t If it didn’t 21 happen, it just didn’t happen in between t 22 time. EFTA00117369

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LIMITED OFFICIAL USE 16 1 to me, again, he was another inmate. And if was | possibility know, again, Ww > o 4 it’s not the first time or w downstairs with WAB and So I really don’t know w io 12 13 14 When did you leave the 16 Maybe 1:45, I think. 17 All right. 18 actually - your shift was i? ¢ ZU No Wa 24 But you didn’t 25 stay hift? r stick EFTA00117370

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LIMITED o oO co aro think I did Po (Phor te a £ OFFICIAL USE und? that. er wen Wha Time Wha thi t to - what was it? I *00:12:12) ic Sp. ou t did y driver. t 0 that it nk I did you were not EFTA00117371

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LIMITED o oO P oO A. pe 2 het Oo t g w jaa 0) + =] O rt b- Kh , 0 ) rt B fe) 3 wn 1) after the fact, right? from not - or EFTA00117372

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LIMITED OFFICIAL USE 19 1 HS: No, I don’t think so. 4 assignment roster. It N K i) w a n i.) Ly. f its] rt rt K Bb 5 Q ies) w oO co 10 a : Whatever numbers. There to it. -< ee : ight. So he would have been 8:00 to 4:00. rR Ww oO B u 14 he would have there up until 15 And then you would have bene there 20 to us? t 22 that. I just - maybe they don’t remember me telling them. had no one -. this one EFTA00117373

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LIMITED OFFICIAL USE 20 1 | | was back in, you know, back when the 2 incident happened. WwW oO tal wp he 4 Ee: So it’s not like it was two w ars later. This was like right away 6 spoke with him. 8 ee : Now did you have - since 9 we have spoken, have you recalled if you 10 actually passed the information up to like the and activiti lieutenant, which was Durant nN wu 5 o c 3 | WwW io) P= ie) o rt ib fs] bh it) = = wu rt bh bh x o a 4 couple of years ago? From last time, nothing’s 5 changed from our st conversation. oO 7 recollections? So if you didn’t tell them and co if they were aware, how would have they found 20 Ee : Probably through R&D. 22 they knew though that he left also 23 make the same claim, we didn’t know he wasn’t 24 coming back. Where would they get that 25 information from? EFTA00117374

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LIMITED ies) w co wo ive) oO co OFFICIAL USE 21 a : That he wasn’t coming back? Or that he was coming back? ee : That they didn’t know if he wasn’t or not. R&D. That’s a : So R&D knows that he’s gone? They know he was transferred. He’s gone. a : Some (Indiscernible a : Because we don’t get the notifications unless on the count or where’s so he thi it) body at - or this shouldn’t be on your count. | tti‘ésC*“r So like if at the time, yes, I knew Reyes left but I wasn’t sure if he wasn’t coming back. Would have that been based upon information that you pro someone from the SHU provided? Or you’re just saying from eh overall count? a : From the overall count - u is uw + 3 o o o H wu bh EFTA00117375

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LIMITED ioe) w io ioe) 20 No Wa OFFICIAL USE 22 to ) a wy Cc 7] 1) rt a m ved in the count, He: 3S sleft from or not? All doesn’t mean that you told them B ee) > ct ts) ra) rt ag fw ct rift i) Es : You asked me earli told them. I did recall telling them. ae : The other day you said did but you couldn’t remember. r o vf] a ee : So are you confident you ee : Again, it’s | while back. I don’t remember some stuff from last we -- you know. I do recall. || not 100 percent posit Most likely I u don’t know if you did or didn’t. So EFTA00117376

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LIMITED Oo w oO oo OFFIC a : Well this should -. think | started at So he would All right. So are you a : || 7 certain that I did tell him. Him an And can what it is you told them again? You things during your inter want to make told them. EFTA00117377

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LIMITED ies) w co wo ive) co OFFICIAL USE 24 sure I told them they - Reyes might not be coming back. He got to get | bunkie. ee : So you said Reyes might to get him | oO is) not be coming back but you hav ae : Nah, if he doesn’t come back, you got to get him i bunkie? point, you knew he w didn’t know he was coming - not coming back? ee : I didn’t know if he was. And I didn’t know if he was not coming back. you knew he wa sn oing to court. What at 2:00 i. would have caused him to come back? saying that you told them at 2:00 aa. that he might not be coming back. At that point, when you dropped him off, all way earlier in the morning. MR. a : I don’t -. So once they leave, I don’t - || not on top of calling EFTA00117378

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LIMITED OFFICIAL USE 25 1 every five minutes to find out where this 2 inmate going or is he coming back or is he not 3 coming back So once he leave the SHU, then 4 they leave SHU. 5 ee : Okay. But with you 6 saying that he was WAB and pre-remove, you had ~] ct mentioned though, that that meant they weren’t @ a 2) 5 iP 5 .Q oO wu a ~ wo There’s | possibility of 10 him not coming back. Correct. 11 ee : Well you said not 2 possibly, so doesn’t that mean you weren’t 3 coming back, but only if there were some 4 problems that happened within the first hour or 15 two. And they would -. 16 a : I don’t recall. Like -- 8 ee : -- that seems repetitive ~ 9 and it’s getting | little frustrating. 20 Hs «= Xeeh. Tf know. It’s not 21 - || just trying to get the clear answer of 22 like -. We’re just trying to figure out. 23 Alright, you left during your shift. You’re 24 the one who sent him down. You knew he was 25 WAB. You knew that WAB meant he wasn’t coming EFTA00117379

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LIMITED OFFICIAL USE 2 fen) 1 back. He was listed as pre-remove. R&D said 2 he transferred to another institution. This 3 all happening during your shift. You were the 4 OIc. Why didn’t you take action and get him i 5 new bunkie? oO There was i million other 7 things going on. | | not the only officer 8 working there. you said you © 2 fw — 10 may have -. So we have -. 11 ee: Do we have to continue? 2 Because | | -. 3 ee : This is | total - we’re 4 moving off of Reyes now. So this is an email 15 sent from Friday, Augu 9, 16 It’s from you to Po who was the 7 lieutenant. And it has to do with inmate 8 Fernandez. And it looks like it was some prior 9 incident that took place while you were on 20 shift. And I think we talked about this as 21 well. So | | just trying to figure out - and 22 you can look at this. Were you here at 6:00 23 24 a : I did work that day. 25 That’s that there. EFTA00117380

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LIMITED OFFICIAL USE 27 (Indiscernible *0 21:06) would it 3 if you worked that day? it would. So again around oO io ioe) oO oo wo 21 still able to in and like work on the 23 Or I would just walk into 24 25 All right. SO EFTA00117381

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LIMITED OFFICIAL USE 28 10 11 12 13 14 16 18 19 20 21 22 23 24 you would have sent - but that -. This obviously - that email (Indiscernible *00:22:31) that would have been sent from inside the institution? Es : Correct. ee: Okay. Can you just tell us | little bit? DO you remember what happened with that inmate? You know you can read this incident report if it helps you. ee : It says the visiting room I think. ee : Here, I’1l just read it. For the record, it says, “On August 9, 2019, at approximately 1:40 J., 1 sos QJ while assigned to the Special Housing Unit officer, I proceeded to enter the Nine South visiting room. As I walked towards the door, I observed through the visiting room door inmate Fernandez, Number 86824-054 attempt to grab an unknown item from his visitor. Once inmate Fernandez reached to grab the item, I called the door and called for | lieutenant. Once I was able to enter the visiting room, I gave inmate Fernandez | direct order to walk of the visiting room - I assume that means you were EFTA00117382

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LIMITED ioe) w oO io 3 3 OFFICIAL USE off the visiting room - to condu i visual search. Inmate Fernandez compiled and the >rations inmate Fernandez ae : I assume it’s in the happened Not really. No? I don’t You can catch | lot of doesn’t really ring | bell or -- alright. Do you have b visiting room? Q re) says that - you know if he was in the Nine visiting room, EFTA00117383

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LIMITED Ww w oO wo 3 3 OFFICIAL USE 30 ah. he i) ” snant was was rem North. So || not sure if that location. this Seven North? on the top like sixth box should what he’s ts) ay he EFTA00117384

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LIMITED OFFICIAL USE 31 1 a : Yeah-yeah-yeah. That’s OW W 4 unit. would ha been 5 8 ee : Oh, okay. So you think vyhen it says he was removed from the c a o = set) uw | that he was removed from t t Ww N ie) wu he 15 room. 19 the SHU visiting room? ie) ho nN No Wa No ho wi P= R © = w o 7 ion . c ey] t Ww EFTA00117385

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LIMITED ies) w oO co ive) co wo OFFICIAL USE 32 we can actually look at that. We have an inmate history quarters. If you look "s ortant than Seven 3) = i) 03) un there. I mean that a] fi figure out ~ oO K D s o 0 8 rt MS: tion’ remember. a : So in the lieutenant’s =] That’s the dry cell. So do you remember at all if at this - during this incident would have he been moved when that Or after the fact would he moved at 3:15. a : When it happened. When it happened? ae : When it happened. That’s WS: ie 11) officer time. that time, you would have brough him right from EFTA00117386

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LIMITED wo Oo ioe) oO oo wo OFFICIAL USE the SHU visiting room to the R&D dry cell? Ee : I mean within the next And you did - and the ops lieutenant, Most likely it would Control would Control. So who would have Unless control saw it over the cameras, hey who is this guy. Or once he contacted control. The lieutenant could have contacted control. contacted control. All right. Ww EFTA00117387

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LIMITED ies) w oO fos) ° 19 Lé 13 15 OFFICIAL USE 34 s no one - like it wouldn’t be like you’re the one who you wouldn’t have like + he actually wasn’t 12:35 i. on the next day, tually keyed from the SHU to R&D. So do you know if - are you aware? it - what should have you contacted control and cont Even though you and all that kind of know working in the would it wouldn’t be - can contact them. Where is the SHU direct line? middle. In the middle? Of SHU. EFTA00117388

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LIMITED OFFICIAL USE ies) w ~] wo 10 11 ive) Ww wi MR. a: Okay. And when you moved - on this incident. When you removed the inmate, right? ee : It goes through SHU and into the elevator downstairs. MR. ae: And you would have - if you ct wrote the report, that means you moved the inmate yourself? a : No. Anybody could have moved it. Because if you’re in SHU, depending on how many staff’s in the SHU, you stay in SHU. Then in turn, you could take them downstairs. The lieutenant could take them downstairs. Any staff could take them downstairs. Ee : So do you have any idea why he was moved to R&D and not to the dry cell ry sn’t enough ee : Okay. So that wouldn’t have been you responsibility then? To actually do the keying or keying him out of the SHU and Hh putting him into R&D - or to noti a : I could have. Anybody y control? EFTA00117389

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LIMITED ies) w co ioe) OFFICIAL USE Lo fen) could have notified control. Control is doing that. They keyed him out. just part of the whole thing. This is - as I think we talked about before - how many of the counts were wrong. Well were wrong weren’t all because people in the to the ing the counts never caught going to be higher-ups who are going to like that -? en you that would have -- b i] No. No. EFTA00117390

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LIMITED Oo w oO oo OFFIC But when I do my my you do. When contact control been aware that with the ops would hav Oo So it would caught this on the radio. contro And if y on the radio, EFTA00117391

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LIMITED No No iN ies) w co io ioe) co © ion) OFFICIAL USE Lo co ac is down here. An an bh KK b Q in ct a 5 Q rt J wu rt # fa No. Tt MR. QJ: 9 what: would the radio? un They would have visiting. MR. a: But you wouldn’t have said, moving an inmate. You would lieutenant o the could discuss the Ee : Yeah. Not over the radio this inmate is going trol wouldn’t have known that though. EFTA00117392

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LIMITED OFFICIAL USE 39 2 MR. a: Like you asked for -. On the ies) radio call. What I said is -. 4 WS: «So if I called the 5 lieutenant control knows that || calling the 6 lieutenant. They don’t know why | | calling 7 the lieutenant for. 8 MR. a: But they wouldn’t have known 9 that there’s an inmate being moved to the -. see him through mean I understand ive) wn is) b 4 what you’re saying anybody among - still just 15 trying to wrap my head around - obviously 16 everybody has | job to do and I get that you’re doing your job to the best of your ability. 8 But like who’s responsibility is it? So 9 obviously, if someone’s moving someone to 20 somewhere, someone has got to be like -. 21 ae : It would be the operations 22 lieutenant to notify control this guy is 23 being placed on dry cell, key him out. 24 ee : All right. So it would 25 be the operations lieutenant’s job. EFTA00117393

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LIMITED OFFICIAL USE 40 5 HE: )« 811 right. So the ops io and activities ioe) oO oo 20 I don’t remember why I if the other lieutenants were EFTA00117394

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LIMITED oO ~] io ioe) oO oo wo No Wa OFFICIAL USE ee : So you just must have - bly. Probably t millionth thing going on in just like constantly moving, constantly - you got thin you did in there, And are on your mind at the time, right? EFTA00117395

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LIMITED OFFICIAL USE 42 w ~] ive) if] w say - || sorry, I mi saying that you would have spoken in person with | about this? MEE: about what? ee : Is that what you were just talking about? ed this - but were you MR. a: No, the question I asked was the radio call that happened. What goes over the radio and the radio call he mentioned is this ops lieutenant come down to the SHU. MR. a: Come over to the SHU. But the fact control wouldn’t have known this is regarding | certain inmate at that point unless someone made the phone call or radio call saying, hey listen, this inmate is being moved from the SHU. ee : Okay. I know we’re talking about | long time ago, but when we talked to you before, you said that you didn’t have any conversation - or you didn’t remember having any conversations with FY at least. Now that you’re seeing, you know, this and dealing with him regarding this matter and seeing that you actually worked that shift, do EFTA00117396

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LIMITED ioe) io ioe) w oO oo No Wa OFFICIAL USE 43 you remember any conversations with Cannata at remember sending him to shot. remember that email? kay y you didn’t So you sent some follow-up in 7) Hi rm @ un Ht R ©) fe) fu on aa t D bh fe) Co o io fu fu A up EFTA00117397

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LIMITED OFFICIAL USE 44 3 5 MR. QJ: 9 You wouldn’t have been back 6 in You would have of 7 outside areas ie) All right. and to the SHU though af ot) 15 ee : And so would mmunication with anybody in the t o uy kK oo 21 writing th EFTA00117398

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LIMITED OFFICIAL USE 45 w ~] 10 11 12 18 19 20 you mentioned that you wrote up the report. Being the fact that you left instructions for a. a. and a. right? You wrote | memo in regards to it that, hey, listen, Epstein needed | cellmate. Right? They should assign one. Did you follow-up with them to verify if it was done? Es : I don’t think so. I probably got - I just told them | | outside, why? If I came in it’s probably, oh I just remember I got to send | shot because we’ve got 24 hours to do so. And that’s probably the only reason I came back into the building to do the shot and go right back outside. I wasn’t thinking about any inmate if | | outside. Ee : And I do apologize. You may have just answered this to him, I just was already ahead in my thoughts. When it says that operations lieutenant was contacted and inmate Fernandez was removed from the unit. Would you say that that didn’t mean that you removed him? Es : Correct. ee : All right. So do you remember if you removed him? EFTA00117399

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LIMITED ioe) io ioe) oO oo OFFICIAL © know, to do USE you 9 it You ver removed internal, wh just taking them downstairs. that is can say oh the next person’ - the next person’s suppos the same thing. that inmate like, you S Suppo EFTA00117400

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LIMITED OFFICIAL USE 47 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there’s one person in the unit. That one person is assigned to the unit, but that one person - it’s fine for somebody else to help him or her out. If they have | million things going on, then | | not just going to sit there and wait. Okay, you know, it’s your responsibility to do it, so | | not going to do anything. I mean, I don’t know how other people work, but if | | busy, my coworkers help me. If they’re busy, I help them. Again, so it’s not - even if it’s per se my responsibility, his responsibility. Okay, somebody got caught trying to bring contraband into the building. I’11 grab him off your hands and I’11 take him downstairs to internal - to R&D for you. Or I don’t know if he has, I’1l take him to SHU for you. It doesn’t have to be that one specific person that say - like okay, I caught him doing something wrong. || not the one that goes through the whole time always. I could probably get him. Okay, the lieutenant comes. He takes over. Then || done. I got to write the shot. Or the internal - which is the elevator person - comes. I got him, I’1ll take him off your EFTA00117401

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LIMITED OFFICIAL USE 48 10 11 12 13 14 16 17 18 19 20 21 22 23 24 hands. I’11 take him downstairs. So it’s not one person that has to do these things. Anybody could help you. MR. a : All right. So you don’t know if you brought the person down. Let’s say the employee - the correctional officer C.O. that was supposed to bring him down - right? ME: oy. MR. a: You said it could possibly have been the lieutenant? ee: It could have been the lieutenant. It could have been anybody that took him down downstairs. MR. QJ: 9 But one of them should have - someone should have taken initiative and said hey, listen, let control know we’re bringing this person down? ee : Probably or everybody just - like in anything else - everybody assumed the next person was doing it. Or somebody before them did it. MR. a : So you’re saying at this point, it could have been just assumptions and everybody believed each other would do it and no one called him? EFTA00117402

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LIMITED OFFICIAL USE 49 wi ~] 10 11 12 13 14 16 17 18 19 20 21 22 23 24 a : Well somebody eventually had to do it because he has to be put on the out count. MR. a : But as you see, he wasn’t put on the count until past midnight. ae : That means somebody didn’t call. MR. a: Would that be the same then - let me take [Jf step back. Would that be the same thing that happened in the morning then? With the fact that Reyes was removed and everyone assumed someone else would take care of it and it just didn’t happen? HE: =< ton’ know that. ee : That was i little different. Reyes was removed from the count. Fernandez wasn’t. MR. a: I meant about Epstein needing | cellmate. Sorry, I should have clarified that. Is that same thing happened in the morning with Epstein? Reyes is removed from the count. He’s going WAB. And people know that, you know, once he’s removed, he’s gone with all belongings. He - Epstein - should have been assigned | new cellmate, right? It’s EFTA00117403

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LIMITED ies) w oO wo i=) N ive) oO co No Nm No ion) OFFICIAL USE 50 the a) ame thing - everyone assumed that someone else would take care of it? And I just kept kind of fell back. 4 t’s still the same thing. I don’t know that. I don’t know if everybody MR. ae: Who would have been in charge of the SHU that day in the morning? a : I don’t - that same day? MR. a: That day - August 9th morning - from 8:00 i. to when you left. Who was in a : The SHU lieutenant. MR. a: If there was no SHU lieutenant? a : It would have been part of the operations lieutenant or activities lieutenant. MR. a : Okay, and they’re -. HS: | They’ re not -. MR. ae: Say that again? a : The operations lieutenant is in charge of the building. Activities helps out the operations lieutenant. If there’s no SHU lieutenant, activities lieutenant goes up EFTA00117404

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LIMITED OFFICIAL USE 51 w ~] ive) to feed, makes some moves, if they’re in Ten South or in G Tier. Because only the lieutenants have the keys for that. Anything else, that needs to be done in special housing, the officers and staff could do it. MR. a: And out of the staff that’s in the SHU at that point, who would be in charge? Is there one person that’s considered in charge? ee : The OIC should be in charge. MR. a: So who’s the OIC on August 9th morning? Ee : I think that was me. I think. Or a. Or the SHU warden that day. MR. a: Do you have the schedule? Just to -. ee : I thought you were kind of like always - even though there’s | rn different (Indiscernible *00:41:04) you were kind of like the OIC at that period of time. Is that not right? Es : Most of the time, yeah, because I kind of knew what I was doing. Person, SHU 1 was QJ. And 1 was SHU 3. EFTA00117405

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LIMITED OFFICIAL USE uw ie) 1 MR. a: Were you (Indiscernible 2 *00:41:23)-? 3 ee : That’s why I said not just 4 because you have the title doesn’t mean you 5 doing everything. We all were working 6 together. 7 MR. a : Were you considered to be the 8 OIC of the SHU during day - day watch? 9 a : Well they -- 10 MR. a: In general. 2 Because I’ve worked in SHU for | long time. 3 Well not | long time, but I kind of knew what I 4 was doing. 15 MR. a: That’s like when Lieutenant 16 | | wanted something done. Instructions are going to come down through you? 8 ee : If I was there, correct. 9 MR. a : So at that point, just to 20 cover, we know - basically even Monge made | > at + that t} , ‘ hat yv 21 statement that there’s i conversation that you 22 had and you told - in the elevator to Epstein - ten, we need to EFTA00117406

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LIMITED OFFICIAL USE un ive) 1 before we went downstairs. 2 MR. QJ: 9 Right before? Right next to Reyes, ies) So at this point, it was wi aw t fu oO 6 established that Epstein needed | new cellm 8 MR. a: Should actions have been 9 taken at that point in the morning to make sure 10 - ensure that Epstein had | new cellmate? re not talking about 2 3 just - from your action. 4 We're talking to Tony about you at this point. 5 should - wait | minute. As 16 mentioned, everyone had their role. one should have taken 7) teps, right? Correct. 9 MR. a : But from your part, should 20 you have taken actions? co 24 a : Um probably I could have I didn’t communicate and he was EFTA00117407

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LIMITED OFFICIAL USE ies) w ~] wo 10 11 ive) going to attorney conference. And Reyes was still pretty much in the limbo of he might come back. MR. ae: Yeah, but you said already that WAB - he’s leaving. And you mentioned it was | couple hours, right? I think you mentioned -. a : Maybe I should -. ee : -- and he made the statements to - you made the statements to both Reyes and Epstein saying you’1ll get | new cellmate. Ee : So that’s why we’re back here. Because we’re like, when we put all this together, and we’re seeing all this, we’re like oh. Actually, it looks like it should have happened right away. And it shouldn’t have been, you know, moved off. a : And again, he’s not guaranteed to leave the building. It’s never 100 percent even with WAB. MR. ae: But, okay, you said uw r= EFTA00117408

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LIMITED OFFICIAL USE ies) w ~] wo 10 11 ive) ow wi guaranteed not to leave the building. But if he didn’t leave the building, he would have been up within | couple of - back in the SHU in | couple hours. Es : Maybe I should have not said | couple of hours because | couple of hours is -- ee : No, everybody says that. a : It doesn’t mean two. In everybody’s mind it doesn’t mean two. But it should have been - again, more than two hours. There’s been times more than two hours that the inmate is downstairs in R&D with all his stuff and comes back. MR. a: How often does that happen? MR. a: According to R&D, when we spoke to R&D, rarely does it happen where an inmate was brough down and they don’t leave the building. ae : Well to me it happens lot. Like that’s what I -. Not lately, but, before, yes. MR. a : Before. Anything else on that? EFTA00117409

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LIMITED OFFICIAL USE 5 w ~] wo 10 11 ive) on a : No, he just - we can wrap it up. Can you just initial and date everything we just (Indiscernible *00:44:18). And we’ll call it | day unless you wanted to add something. Again, this is just to let you - so you’re not (Indiscernible *00:44:28) on these things. 7] | ti(‘iés@s So it’s just the daily activity log, the emails that we went over for Fernandez to inmate quarters. You’re going to actually talk about your memo, but there’s the information we got with, you know, the memo that wrote on August 3th - or August 12, 2019. And this is the email the Marshal sent to MCC saying that he was being transferred. And this is the PP38 that shows that Reyes was pre- remove. a : What am I initialing - that MR. QJ: 9 veah. that this is what we talked about today. ee : Oh. The same time as last EFTA00117410

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LIMITED oO io ioe) oO oo wo No Wa OFFICIAL USE 57 1) 3 nl] bh bh wn a : Yeah, no, this is not that i) b Oo 5) wu we Q ct ag oO ct a o b It’s upstairs. EFTA00117411

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LIMITED 3 it is 7 6 - know we’re trying to tell i story. ss) wu. £ 3) t to get our information accurate and Oo 21 : id know what I 23 safe Thank 25 Thank you guys. EFTA00117412

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LIMITED OFFICIAL USE un \o 1 Have | good day. Special Agent | WwW | ct 7 Pp U Pp. i) a7) i) 5 ip Oo RB 4 3:55 ia. and I am turning 5 Thanks again. o All rig co EFTA00117413

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LIMITED OFFICIAL USE 60 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 Po 9 12 Marci Bratton, 13 14 15 16 17 18 19 20 21 22 23 24 25 Transcriber EFTA00117414