Sent: Mon, 12 Aug 2019 14:42:25 -0400 To: [email protected] From: [email protected] Subject: Re: Jeffrey Epstein 19 cr 490 Cc: [email protected] Adam, please thank the Warden for his prompt response to my letter. Richard M. Berman On Aug 12, 2019, at 2:37 PM, Christine Murray <Christine Murray @nysd.uscourts.gov> wrote: fyi Forwarded by Christine Murray/NYSD/02/USGOURTS on 08/12/2019 02:37 PM From: 'Adam Johnson' <pllinehnsonarboo.00y> To: famine N'Diaye' <Indiairefthon nor-. <13ermanNYSDCharnbersOnysdiuscourtsoctoi Cc: <pwlmcw/Camtlinel>. <Colleen McMahontalnysdosaaurtsictoy>. <Fdward Friedlanaanysdiuscourts.oey›, <Michael.Grecogiusdoistov> Date: 08/12/2019 02:33 PM Subiect: Re: Jeffrey Epstein 19 a 490 'Michael Greco' Good afternoon, Attached please find Warden N'Diaye's response to Your Honor's inquiry. Please let us know if you need further information. Thank you, Adam Adam M. Johnson Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: (646)836-6455 f: (646)836-7665 >» <BernnanNYSDChambersCanysd.uscourts.gov> 8/12/2019 12:47 PM >>> Please see attached letter from Judge Richard M. Berman. (See attached file: Aug 12 letter.pdf)(See attached file: 2019 08 12 14 31 06.14) <2019 08 12 14 31 06.pdf> EFTA00056520
Re: Epstein Reconstruction 76318-054 draft5 From James Wills To Alison LeukefeldHugh HurwitzJeffrey KellerKristin WillertMichael Carvajal, Robert Nagle Date 2019/08/2607:50 Subject: Re: Epstein Reconstruction 76318-054 draft5 kttachments: TEXT.htm, 2019 08 26 07 46 50.pdf Page 3563 EFTA00056521
Rob, These are my suggested edits/comments on the version you sent to us on Friday. I have not yet reviewed your updated version from today, but wanted to send this to you now so you could review. Thanks. James James C. Wills Senior Deputy General Counsel Federal Bureau of Prisons 320 First Street, N.W. Washington, D.C. 20534 202-353-8268 (w) 202-598-5199 (c) ATTORNEY/CUENT PRIVILEGED COMMUNICATION ATTORNEY WORK PRODUCT SENSITIVE/PRIVILEGED COMMUNICATION The information contained in this electronic message and any and all accompanying documents constitutes sensitive information. This information is the property of the U.S. Department of Justice. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you received this message in error, please notify us immediately at the above number to make arrangements for its return to us. > » Robert Nagle 8/25/2019 5:24 PM > » Mr. Hurwitz, Mr. Carvajal, Mr. Wills, Mr. Keller and Drs. Leukefeld and Willert, I have done some additional edits to the Epstein Reconstruction. Please review and return with your comments. This remain a working document and should not be distributed beyond yourselves. Thanks for your consideration, Rob Robert W. Nagle, Psy.D. National Suicide Prevention Coordinator Federal Bureau of Prisons Psychology Services Branch 320 First Street NW Washington, DC, DC 20534 202-598-2321 (O) Page 3564 EFTA00056522
Properties Property Value MessagelD 5D638F5E.BOPMSCO.PO4.180.1316B72.1.4A761 .1 Message Path xmlCabinenRSD 1 Psychology/513638F5EBOPM SCO.PO4.I00.1316B72.1.4A761. bunt From James W& Display Name James Wats Email JWilktibqigov UUID 794132E01.157F-000OBFB5-OOOD63202C73 Reply To [email protected] Text James Wdls To Robert Nagle Cc Alison Lcukefeld: 11* Hurwitz Jeffrey Kelen Kristin Wert; Michael Canajal Subject Re: Epstein Reconstruction 76318-054 draft5 Scheduled date 2019-08.260730333 Creation date 2019-08-26075053 Modified date 2019-08.26080630 Delis end date 201908-2607:5035 Message size 1520 Attachments sin 1238462 Total sin 1239993 Attachments 2 Attachment TEXT.htm Name TEXI.htm Content ID 5D638F5E-BOPMSCO.PO4.200.20000B4.1.FFE92 .1€45D638F5EBOPMSCO.PO4.100.1316B72.1 [email protected] B72. 1.4A355.1(§13 Is Inline false Type fie Site 2310 Date 2019-06-26 03:5054 CA 68f634a91630e4a346967573265d1Obe Hash 3581701C161EAEA01-ECAB93A7D159E79C36F.C897 3E249A4D8534580E33249253B6A15D9B Attachment 2019 08 26 07 46 50.01 Name 201908_7.6 07_46_50.pdf Content ID 5D638F5LBOPMSCO.PO4.203.20000154.1.FFE93 [email protected] [email protected] B72.I.4A355.1@13 Is Inline lac Type lie Size 1236152 Date 2019.08.260347:17 CA 5ffOckded9c8dfdbecia700:101585d4b6 Hash A7AFB6DD508B7BE997FEMF30E3538E95EA27224 6F8B0C589F3EEED7649FAEOOEDIC3AEl0 Recipients 6 Recipient Alison Leukefeld Display Name Alison Lcukefeld Email aktitefeltXribop.gov UUID 48744D50-140A-0000-AB85-2D9EDOCCSCI4 Distribution Type CC Recipient Type User Recipient Hugh IIwwiz Display Name Hugh Hurwitz Email HHurwir4ibop.gov UUID 8922A560.1581.0000-B66C-FACF6AOOASIC Distribution Type CC Recipient Type User Recipient Jeffrey Kelcr Display Name Jeffrey Kekr Email [email protected] UUID 336AE800-140B-0000-97J30-156CEA775A1A Distribution Type CC Recipient Type User Recipient Kris-tin Wien Display Name Kristit W&n Email Invillertgbonov UUID 0C55AABO-035E-0000-8C3F-AF9918CF3930 Distribution Type CC Recipient Type User Recipient Michael Carvajal Page 3565 EFTA00056523
Display Name Michael Carvajal Email mcarvajaigibop.gov QUID 695F8300-02C5-0003-95CF-85908232EF87 Distribution Type CC Recipient Type User Recipient Robert Nagle Display Name Robert Nagle Email mallle@b0P40v UUID 0A66A7F0-0119-0000-82C7-B3A42A487E61 Distribution Type TO Recipient Type User Expire 0 Delay delivery until 0 Delegated fake Archived fake Read true Deleted fake Opened hue Completed fake Security Nonnal Box type bhp,' Return notification when opened fake Return notification '.hen deleted fake Return notification %%hen completed fake Return notification %%hen declined false Return notification %%hen accepted fake Archie Version 5.3 I nte mai ID 5D638F5E.BOPMSCO.PO4.100.1316B72.1.4A761 A @15D5B94DD.BOPMSCO.PO4.100.1316B72.I. 4A355.1@13 Source received Class Public Account Hugh [email protected] Location ID 1540843449744 Class Name GW.MESSAGEMA1L Enclosing Folders I Folder Psychobgy ID 5D5B94DD.BOPMSCO.PO4.100.1316B72.1.4A355 .1(413 Name Psychology Type Nonml System fake Share Type NotSharcd Page 3566 EFTA00056524
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Mail Attachment 2019 08 26 07 46 50.pdf Page 3568 EFTA00056526
PSYCHOLOGICAL RECONSTRUCTION OF INMATE DEATH Name: Jeffrey Epstein Register Number: 76318-054 Date of Death: 08-10-2019 Prepared by: Robert Nagle, National Suicide Prevention Coordinator, Psychology Services Branch, Central Office BACKGROUND INFORMATION Mr. Jeffrey Epstein was a 66-year-old, White, male who died on August 10, 2019, while housed at the Metropolitan Correctional Complex (MCC), New York, joildilegrott New York. James C. Wills, former Acting Assistant Director, Reentry Services Division, appointed a team to conduct a psychological reconstruction. The team consisted of Robert Nagle, National Suicide Prevention Coordinator, Central Office; Kristin Willert, Sex Offender Treatment Programs Coordinator, Central Office; Dia Boutwell, Mental Health Treatment Coordinator, Central Office; and Richard Hollingsworth, Correctional Services Administrator, Northeast Regional Office. This reconstruction was established in accordance with Bureau of Prisons' (BOP) Program Statement 5324.08, Suicide Prevention Program. Formal interviews were not conducted as a part of this reconstruction at the direction of the Department of Justice. As is normally done following a significant incidenya copy of relevant video was not completed. The original video was not reviewed as it was confiscated by the FBI prior to the beginning of this reconstruction. The absence of these two areas of inquiry severely limited the ability to establish accurate timelines, confirm subjective reports, establish converging and diverging lines of facts, or discover new areas of inquiry. As a result, information typically gathered, reviewed and consolidated during a reconstruction to support actionable findings and recommendations is limited. Social History: Mr. Epstein did not have a Pre-Sentence Report (PSR) available at the time of the reconstruction, therefore no official information regarding social history was accessible. The following was gathered from publicly available documents. Mr. Epstein was born in 1953 and grew up in a middle-class family in the neighborhood of Sea Gate on Coney Island, Brooklyn, New Yorkpith one brother. After early advancement in two grades, Mr. Epstein graduated from Lafayette High School in 1969, at the age of sixteen. He attended Cooper Union and New York University but did not graduate from either. Mr. Epstein taught at the Dalton School, a private school on the Upper East Side of Manhattan from September 1974 and he was dismissed in June 1976 for inadequate development as a teacher. Following that, he held a number of positions in the financial industry to include a position as a limited partner at Bear Steams until he was dismissed for unknown policy violations in 1981. He also worked as a financial consultant and founded at least two separate companies. Mr. Epstein had two significant periods of employment. The first was with Steven Jude Hoffenberg as a consultant in the late 1980s. Mr. Hoffenberg was described as his first mentor and he was later convicted and incarcerated in a large Ponzi scheme. He implicated Mr. Epstein for fraudulently diverting company funds for his own personal use. Years later, Leslie Wexner, EFTA00056527
Mr. Epstein's sole client at the J. Epstein and Company, granted him power of attorney over his affairs. Despite also being identified as a mentee of Mr. Wexner, Mr. Epstein was again accused of misappropriating more than $46 million dollars. These large sums are believed to be the seed money Mr. Epstein used to establish his considerable fortune. These episodes are indicative of Mr. Epstein's well regarded intelligence and charismatic personality. Legal History: Mr. Epstein had a history of adult criminal charges and convictions. In June 2008, he entered into a non-prosecution agreement and pleaded guilty to one count Solicitation of Prostitution and one count Procuring a Person Under the age of 18 for Prostitution in the state of Florida. He was sentenced to 30 months: 18 months of incarceration and 12 months of probation. He was also mandated to register as a sex offender under the National Sex Offender Registration and Notification Act. Mr. Epstein served 13 of his 18 month incarceration, successfully completed 12 months of probation, and it is unclear whether he followed the sex offender registration guidelines in each place he owned a residence. In regard to pending charges, Mr. Epstein was formally charged with Sex Trafficking Conspiracy in violation of 18 U.S.C. § 371 and Sex Trafficking in violation of 18 U.S.C. § 1591(a), (b) (2), 2 on July 2, 2019. Specifically, he was accused of sexually exploiting and abusing minor females over the course of several years. Charging documents allege Mr. Epstein enticed and recruited minor females to engage in sexual activity. The minor females were reportedly compensated with cash following the sexual encounters and some were encouraged to find other minor females to accompany them to Mr. Epstein's residences in New York or Florida. He pleaded not guilty to these charges and was not sentenced prior to his death. In a 37-page Decision & Order Remanding the Defendant, signed by Judge Richard M. Berman on July 18, 2019, 18 pages were dedicated to detailing the danger Mr. Epstein posed to others and the community. The document also alleged he was a flight risk. As a result, Mr. Epstein's proposed bail package was determined to be inadequate. He was denied pretrial release and held on remand. This was likely significant to Mr. Epstein as he would lose the physical and financial comfort to which he had become accustomed. Furthermore, his ability to mount a defense would be limited to parameters of legal visits and legal work that could be accomplished in jail. These restrictions and the abundance of witnesses, victims and negative public attention were likely a considerable burden on Mr. Epstein. Institutional History: On July 6, 2019, Mr. Epstein was arrested at Teterboro airport in New Jersey upon his return from Paris, France. He was transported to MCC New York and keyed into SENTRY at 9:24 p.m. Mr. Epstein was placed in a general population housing unit for approximately 22 hours. On July 7, 2019, at approximately 7:20 p.m. he was moved to the Special Housing Unit (SHU) pending reclassification due to the significant increase in media coverage and awareness amongst the inmate population of his notoriety. Mr. Epstein received one incident report while in BOP custody for Self-mutilation on July 23, 2019. As of August 15, 2019, the incident report had been expunged but it is unclear why it had been expunged or whether Mr. Epstein knew this. A review of financial transactions associated with Mr. Epstein's prison account revealed one of his attorneys was depositing funds into his cellmate's (Reyes) commissary account. HEALTH CARE AND PERSONALITY DESCRIPTION EFTA00056528
BOP Electronic Medical Records (BEMR) indicate Mr. Epstein was diagnosed with hyperlipidemia, sleep apnea, hypertension, constipation, neuralgia and neuritis unspecified, and prediabetes. He was prescribed the following mediations: docusate sodium, milk of magnesia, omega 3, methylprednisolone, and bisacodyl. Mr. Epstein was also prescribed insulin, and the prescription required him to go to the institution pharmacy for administration of this medication. However, the dates for which it was prescribed have a notation indicating "dose not indicated" and it does not appear insulin was administered. The rest of the medications prescribed were self-carry. He also had a continuous positive airway pressure (CPAP) machine which is typically used to treat sleep apnea. Mr. Epstein was provided with his personal CPAP machine on July 30, 2019, per BEMR. In regard to mental health history and treatment, there are no available records concerning Mr. Epstein's psychological history or functioning during his previous incarceration in Florida.tDr. Schlessinger, Forensic Psychologist, completed a routine Intake Screening on July 8, 2019. During this screening, Mr. Epstein denied any history of mental health problems or substance abuse issues and treatment; no symptoms of mental illness were observed. He was classified as Mental Health Care Level 1 and was not diagnosed with a mental illness. Follow itation with Dr. Nagle, National Suicide Prevention Coordinator on July 8, 2019,1i i. ill. Chief Psychologist, determined Mr. Epstein should be pre-emptively evaluated for sum ns. pon his return from court. Primary consideration was given to his various risk factors for suicide such as a high profile case with media attention, sex offense charges, pre-trial status, and a court proceeding. The on-call psychologist gave a verbal telephone order to place Mr. Epstein on Psychological Observation status in one of the suicide watch cells on July 8, 2019, after he returned from his court appearance. He denied suicidal thoughts at that time, but due to the potential for other risk factors, he remained on Psychological Observation until he could be assessed in-person by a BOP psychologist. On July 9, 2019, Mr. Epstein underwent a formal, in-person suicide risk assessment with Dr. Miller. She determined that, while suicide watch was not warranted at that time, Mr. Epstein would remain on Psychological Observation status until July 10, 2019, out of an abundance of caution. On July 23, 2019, Dr. Miller, the on-call psychologist, was notified Mr. Epstein had been found in his cell with a piece of orange cloth around his neck. Reportedly, he was observed lying in the fetal position on the floor with a noose around his neck. Medical staff evaluated Mr. Epstein and found friction marks and superficial reddening of the neck skin. He was placed on suicide watch by the Operations Lieutenant at approximately 1:40 am. pending a formal in-person suicide risk assessment. Dr. lmeri, Staff Psychologist, assessed Mr. Epstein for risk of suicide later in the morning of July 23, 2019, and determined he should remain on suicide watch. Mr. Epstein denied any knowledge of how he received marks on his neck and initially informed staff he believed his cellmate had attempted to kill him. Special Investigative Services (SiS) staff opened an investigation to assess Mr. Epstein's safety and collect facts surrounding the episode. Results of the investigation were undetermined as to whether he was assaulted or engaged in self-directed violence. Mr. Epstein was removed from suicide watch on July 24, 2019, after 31 hours and 5 minutes. Thereafter, he remained in the suicide watch cell and was placed on Psychological Qhservation, where he remained housed until July 30, 2019, according to PDS- BEMR record discrepancy exists regarding when he was removed from Psychological Observation. H cell assignment, per SENTRY, indicate he was transferred back to the Special Housing Unit (SHU) on July 29, 2019, whereas the psychology records in PDS-BEMR indicate he was removed from Psychological Observation on July 30, 2019, at approximately 8:15 am. EFTA00056529
Mr. Epstein attended a court hearing on July 31, 2019, and, upon his return, the United States Marshals Service (USMS) provided paperwork to Receiving and Discharge (R&D) staff that noted "suicidal tendencies." Psychology Services was notified on August 1, 2019, of this paperwork and met with Mr. Epstein to conduct the suicide risk assessment. Psychology Services determined suicide watch was not warranted at that time. a na Mr. Epstein maintained a Mental Health Care Level 1 throughout his time at MCC New York. During his contacts with Psychology Services, Mr. Epstein routinely denied current mental health symptoms and he did not exhibit symptoms of a serious mental illness. His most frequent complaints were difficulty sleeping. He did not have access to his CPAP machine until it was reportedly provided to him on July 30, 2019. Mr. Epstein also reported being bothered by noise in SHU. At times, he noted concerns related to his safety in SHU or on a general population housing unit. On two occasions (July 26, 2019 and July 27, 2019), he d • elf as a coward and as someone who does not like pain. On July 28, 2019, he to toilet in his cell would not stop flushing for an extended period of time and he too the corner with his hands over his ears. Mr. Epstein indicated he was agitated following this incident and was unable to sleep that night. ANTECEDENT CIRCUMSTANCES Mr. Epstein entered BOP custody on July 6, 2019, with a history of convictions for sexual offenses and years of allegations comprised of more serious charges. The current indictment alleged severe crimes against minors and he was facing up to 45 years in prison. A broad understanding of risk factors associated with sex offenders by staff at MCC New York did not appear to be present but was vital to his adjustment and safety in prison. Following the incident on July 23, 2019, where it was undetermined whether Mr. Epstein had engaged in self-directed violence, feigned an incident in an attempt to gain preferred housing in a single cell or in another institution or had been assaulted, Psychological Observation was IS 41IS discontinued on July 30, 2019. Dr. Imeri, sent an e-mail reporting Mr. Epstein had been removed from Psychological Observation and needed to be housed with an appropriate cellmate. / It was sent to 71 MCC New York staff and, as of August 13, 2019, only 27 staff members had 2i pCC ' opened the e-mail. f° On August 9, 2019, a federal court unsealed approximately 2,000 pages of documents into the public domain. These included graphic allegations against Mr. Epstein. Included was a book • SlaveCraft: Roadmaps for v [410O order receipt for titles such as SM 101: A Realistic Introduct• v cr1 r Erotic Slaves and Their The documents were part of a a woman who alleged Mr. Epstein had victimized he/ against a British sociali islaine Maxwell, who was Mr. Epstein's ex- girlfriend, associate, and alleged Madame. With the release of this information, it became increasingly clear that Mr. Epstein's chances of avoiding a lengthy period of incarceration and a broader public understanding of his private life were inevitable. Erotic Servitude; and Training with Miss Abernathy: A Owners. Additional high p fil al defamation lawsuit filed by Mr. Epstein was afforded telephone calls on two different days. No records of the calls exist and it is not known with whom he was speaking. One occurred on or around July 16, 2019, and the other on August 9, 2019. Given the limited information known about Mr. Epstein, knowledge of the content of the calls would have been crucial to helping staff work with him. EFTA00056530
Following the final telephone call on August 9, 2019, Mr. Epstein was moved into his SHU cell on the evening of August 9, 2019. He was single-celled at that time because his cellmate (Efrain Reyes #85993-054) did not return from court. The need for a cellmate was communicated between Day Watch (DW) and Evening Watch (EW) shifts in the SHU, but no cellmate was placed with him by the EW staff. Bureau staff had knowledge of his cellmate not returning from court as early as 1:50 p.m. A review of the 30-minute Rounds forms indicate unit rounds were completed for the entire shift on the morning of August 10, 2019, with no discrepancies. However, a memorandum from Lieutenant Stanley Jean indicates Officer Tova Noel and Material Handler Supervisor Michael Thomas made a statement after Mr. Epstein's death that they did not complete proper 30-minute rounds at 3:00 a.m. or 5:00 am. DESCRIPTION OF SCENE A detailed description of the scene was unavailable because the officers who discovered Mr. Eptstein did not write memorandums and could not be interviewed. According to the Report of incident on August 10, 2019 at approximately 6:33 am., while serving the breakfast meal in the SHU, Range 9 South, Mr. Epstein was found unresponsive in his cell. Staff reportedly called for medical assistance, activated the body alarm, and began life-saving measures. Arriving staff alleged they brought an automated external defibrillator (AED) and stretcher. Cardiopulmonary resuscitation (CPR) reportedly continued while the AED was placed on Mr. Epstein. The AED reportedly indicated no shock advised and CPR was continued. Mr. Epstein was escorted to Health Services at approximately 6:39 am., and EMS arrived at 6:43 am. He was transported to the local hospital at approximately 7:10 a.m. Mr. Epstein was pronounced deceased at 7:36 am. The two staff members working in SHU did not write memorandums prior to leaving the institution; therefore, more detailed information is not available. it was not possible to confirm reports with video. CONCLUSIONS/RECOMMENDATIONS A general appreciation of risk factors for suicide with sex offenders is nengsary when reviewing Mr. Epstein's death. These factors as well as more general risk factors for suicide were likely present. There are several common factors that increase risk for suicide in individuals with a history of a sexual offense. These include stigma due to the nature of sexually-based crimes (both within society and the prison system), a disruption of the ability to utilize sex as a coping mechanism (which can lead to increased levels of distress and negative affect), and grief about loss experienced in regards to arrest. This grief may include a loss of former lifestyle, loss of physical items or collections related to sexual offenses, and/or the loss of perceived relationships with victims. Other factors that may increase risk for suicide among individuals accused of a sex offense include safety concerns, potentially long sentences, and lack of skills necessary to navigate social relationships in prison. Mr. Epstein was a high-profile, pretrial detainee awaiting trial on sex trafficking offenses. He was a successful, wealthy businessman with a number of high-profile acquaintances that he accumulated through a combination of charisma, charm, and intelligence. Despite his many associates, he had limited significant or deep interpersonal ties. Although Mr. Epstein appeared to cultivate a large social and professional network he was estranged from his only brother. Indeed, his identity appeared to be based on his wealth, power, and association with other high- profile individuals. Approximately two-and-a-half weeks before his death, Mr. Epstein appeared EFTA00056531
to attempt suicide, but ultimately denied it was a suicide attempt. He was convincing in his denial. At that time, he was saved because his cellmate notified Bureau staff. In the weeks before his death, he made statements that he was "a coward" and was having difficulty adapting to his diminished circumstances. He also frequently referenced poor sleep and an inability to tolerate the noise of prison. On the day before his death, a number of documents in his case were unsealed, further eroding his previously-enjoyed elevated status and potentially implicating some of his associates. Given his lack of significant interpersonal connections, coupled with a complete loss of his status in both the community and among associates, the idea of potentially spending his life in prison was Ii14, intolerable. Ad- Cat) O4'4°u/co/Int fieldiningle Ceiling: It is recommended that all inmates be double celled unless safety concerns or an odd number of inmates precludes this. Priority should be given to inmates with a history of mental illness, self-directed violence, recent stressors (e.g., losses, newly sentenced, etc.) It is recommended that a system of control be implemented explaining who will be notified when a Suicide Watch or Psychological Observation ends and how that communication will take place. Because this is a life safety issue, the system of control, once approved by Executive Staff should be reviewed in a formal meeting such as recall, a department head meeting, and a lieutenants meeting. 2. Rounds: 30-minute rounds are required by P5500.14, Correctional Services Procedures Manual. 3. Documentation Accuracy: On July 23, 2019, Mr. Epstein was found unresponsive in his cell. He had abrasions on his neck and knee. There are inconsistencies between documents describing the circumstances of the scene. In a General Administrative Note in PDS-BEMR, Dr. Miller documented information received from Operations Lieutenant Glenda Andersonxthat Mr. Epstein, "...was found with a string loosely hanging around his neck." In contrast, Officer Wilson Silva, who responded to this emergency, wrote a memorandum dated July 23, 2019. In that memorandum, Officer Silva wrote that he saw Mr. Epstein, "...laying down near his bunk with what appeared to be a piece of handmade orange cloth around his neck." It is critical that descriptions of the incident accurately reflect objective evidence. Officer Joseph Masullo wrote Mr. Epstein an incident report for Self-Mutilation on July 23, 2019, after he was found unresponsive in his cell. A Special Investigative Services Threat Assessment was completed August 2, 2019, but results were inconclusive as to whether Mr. Epstein engaged in self-directed violence, willingly fought with his cellmate, or was assaulted by his cellmate. Although the incident report was written in a timely manner, it presumed he engaged in self-directed violence and neglected to consider the other options of fighting and assault. Since it was unclear what had taken place in Mr. Epstein's cell there should have been three incident reports written: one alleging Mr. Epstein engaged in Self-Mutilation, one alleging Mr. Epstein participated in a Fight or Assault without Injury, and a third alleging Mr. Tartaglione participated in a Fight or Assault with Injury. It is recommended that staff remain open to reasonable explanations for a behavior and take the appropriate actions for all of those possibilities until a final deterrnination is made. EFTA00056532
hlessinger, entered a Psychology Services Intake Screening into PDS-BEMR , 2010. The document has three typographical errors. She selected the No Sexual Offense Convictions check box when, in fact, Mr. Epstein was previously convicted of Solicitation of Prostitution and Procuring a Person Under the Age of eighteen for Prostitution. Second, Mr. Epstein was erroneously identified as a Black male in this document. Finally, there is one instance where he was mistakenly referred to as Mr. Brown. hlessinger completed a Risk of Sexual Abusiveness document on July 8, 20 • e marked "History of prior prison sexual predation" in the affirmative. This is not accurate. Ysmael Joaquin, Mid-Level Practitioner, completed a History and Physical on July 9, 2019. An Intake Screening should have been conducted wit1:42, 4trurs of his entry Bureau custody, according to P6031.04, Patient Care. rti 9-6/5 Officer Alwin Thomas was responsible for observing Mr. Epstein and documenting his behavior while on suicide watch on July 23, 2019. Officer Thomas used an Inmate Suicide Watch Log Book between 1:40 am. and 6:00 a.m. on July 23, 2019, when he should have been using the Staff Suicide Watch Log Book. inexplicably, Ms. Kenya Coates, Drug Treatment Specialist, reportedly noticed this error and subsequently hand copied all of Officer Thomas' entries from 1:40 am. to 6:00 am. into the Staff Suicide Watch Log Book. She then initialed these entries and this makes it appear as if she was the one conducting the watch. This information was discovered and conveyed in an e- mail from Ms. Charisma Edge, Associate Warden to Dr. Schlessinger with a carbon copy to Warden N'Diaye on August 12, 2019. Of note, Ms. Coates did not make an entry explaining why she was making the log book changes. Additionally, Ms. Coates then wrote entries for 6:15, 6:30, 6:45 and 7:00 am. in the Staff Suicide Watch Log Book. These were not a part of the original entries made by Officer Thomas nor was Ms. Coates assigned to work the Suicide Watch post. It is recommended that if a staff member makes an entry error (e.g., writes in the wrong kind of suicide watch log book), the staff member should describe the error in the correct log book, to include indicating when they become aware of the error. The staff member should then notify the Chief Psychologist. A review of Special Housing Unit Records (BP-A0292) revealed a number of incomplete entries. This document is used to monitor provision and receipt of basic services such as recreation, medical rounds, showers, meal consumption, etc. The Officer in Charge signature is missing on ten occasions and a medical provider's signature is missing in seven instances. There are six instances in which it is not clear if Mr. Epstein ate his meal. There are nine instances in which it is not clear if Mr. Epstein took a shower. There are ten instances in which it is not clear if Mr. Epstein was offered recreation. P5500.15, Corrective Services Manualerequires accurate and complete information on the BP-A0292. A review of Psychology Observation Log Books revealed significant discrepancies from the approved Psychological Observation Procedural Memorandum. A Correctional Officer is required to complete hourly rounds and sign the log book; 179 out of 183 round signatures were missing. The lieutenant is required to sign the log book one time per shift and signatures were missing in 10 of 23 instances. A Physician Assistant is required EFTA00056533
to sign one time per shift and 16 of 16 instances were missing. It is recommended that a review of Psychological Observation procedures be conducted and if it can no longer be effectively implemented the program should be discontinued. 4. Telephone Calls: In a PDS-BEMR note written by Dr. Miller on July 16, 2019, she was informed by another staff member that the lieutenant facilitated two telephone calls for Mr. Epstein. It is unknown to whom these calls were placed and no evidence that they took place on a monitored telephone. According to a memorandum from Unit Manager Nathaniel Bullock on August 10, 2019, Mr. Epstein terminated his legal visit early on August 9, 2019, in order to place a telephone call to his family. Mr. Bullock (who was the Institutional Duty Officer that week) escorted Mr. Epstein to SHU around 7:00 p.m. that evening and he was placed in the shower area, on G tier, and provided the telephone to make a call. Since Mr. Epstein reportedly did not have his PAC or PIN number, which is required to use the inmate telephone system, the Unit Manager placed the call that reportedly started with area code 347. Mr. Epstein told Mr. Bullock he was calling his mother who, according to public records, has been deceased since 2004. It is recommended that all telephone calls be made on monitored lines to be available for post-call review or on a speaker phone so staff can monitor what is discussed. 5. Direct Observation: Mr. Epstein was on suicide watch from July 23, 2019, until July 24, 2019. While on suicide watch on July ,23, 2019, Mr. Epstein attended an attorney visit from approximately 12:40 p.m. until 7:15 p.m. During this time, he was without, "direct, continuous observation" by a dedicated Bureau staff member as required by P5324.08. While on Psychological Observation, he attended attorney visits on July 24, 2019, for 11.25 hours; on July 25, 2019, for 11.25 hours; on July 26, 2019, for 9.25 hours; on July 27, 2019, for 11.33 hours; on July 28, 2019, for 10.5 hours; and on July 29, 2019, for 8 hours. On July 30, 2019, Psychology Observation was terminated. During these visits, continuous observation by a dedicated Bureau staff member was not maintained as required by the Procedural Memorandum for Psychological Observation dated April 15, 2019, from MCC New York. 6. Follow-Up: Mr. Epstein arrived at MCC New York on Saturday, July 6, 2019. While conducting the 10:00 p.m. institution count that evening, Elba Torres, Facilities Assistant reported she observed Mr. Epstein in his cell. In an e-mail she sent to Drs. Miller and Imeri and Lieutenant David Medina later that evening, she described Mr. Epstein as, "distraught, sad and a little confused." She said she then asked Mr. Epstein if he was okay and he reportedly said he was. However, she noted in her mail she was not convinced of this adding, "he seems dazed and withdrawn." She goes on to say, "So just to be on the safe side and prevent any suicidal thoughts can someone from Psychology come and talk with him." Despite the fact that Lieutenant Medina opened the e-mail there is no evidence that he contacted the on-call psychologist as is required by P5324.08, Suicide Prevention Program. Additionally, if Elba Torres was concerned about suicide risk, P5324.081 Suicide Prevention Program, requires her to maintain direct, continuous observation of Mr. Epstein. r. Mr opened the e-mail on Monday morning, Mr. Epstein was seen by a psychologist. EFTA00056534
Mr. Epstein was denied bail on Thursday, July 18, 2019. This was a significant disappointment for Mr. Epstein and likely challenged his ability and willingness to adapt to incarceration. Given the potential impact of the judge's decision, a psychologist should have assessed Mr. Epstein's mental status upon his return to the institution. The BOP developed a SENTRY assignment of PSY ALERT for purposes such as this. Specifically PSY ALERT is used "to ensure, if movement occurs, that all staff consider the special psychological and management-related risks associated with the inmate." Furthermore, P5324.07. SENTRY Psychology Alert Function states, "When a decision to move [any PSY ALERT] inmate occurs, any special psychological needs of the inmate are reviewed and considered by Psychology Services staff [and] any safety and security concerns are highlighted for non-Psychology Services staff" Psychologists should use the PSY ALERT assignment more frequently with high profile cases and inmates with a history or charge of sex offense. Both of these groups of inmates are susceptible to exaggerated or unrealistic fears and experience stress associated during movement and periods of transition (e.g., cell/unit changes, movement to and from court, institutional movement, and release of information through the media). Mr. Epstein was reportedly in court on July 31, 2019. It is unknown what time he returned to MCC New York because this information was not properly entered in SENTRY. Regardless, upon his return the United States Marshals Service (USMS) provided R&D staff with a Prisoner Custody Alert Notice regarding Mr. Epstein. The notice indicated Mr. Epstein had, "MTL Mental Concerns Suicidal Tendencies." The USMS requested R&D staff sign the form, and they then departed with the signed copy. On August 1, 2019, at 8:46 a.m. Dr. Imeri sent Dr. Miller an e-mail reporting she had she had just become aware of the above information. In the absence of additional information about this notation, this should have been considered a referral to Psychology Services as outlined in P5324.08, Suicide Prevention Program. When a staff member becomes aware an inmate may be thinking about suicide during normal working hours, that staff member must contact Psychology Services and maintain the inmate under direct, continuous observation until he is placed on Suicide Watch or seen by a psychologist. There is no evidence Mr. Epstein was monitored under these conditions until he was seen by Dr. Imeri for a Suicide Risk Assessment on August 1, 2019, at approximately 1:30 p.m. 7. Cellmate Assignments: When Mr. Epstein was placed in SHU on July 7, 2019, Executive Staff decided Mr. Tartaglione would be his cellmate. As explained by Dr. Miller, input was not sought from Psychology Services and it is not clear if or how sex offender-specific needs and associated risk were incorporated. Mr. Tartaglione was also a high profile inmate, an ex-police officer charged in multiple murders. However, he and Mr. Epstein did not share the risk associated with being a sex offender and their pairing may have aggravated Mr. Epstein's risk for self-directed violence. In an effort to treat Mr. Epstein the same as other inmates, a statement repeated by multiple stag Executive Staff may have inadvertently overlooked significant unique risk factors associated with individuals who have been charged with and convicted of a sex offense. On July 25, 2019, an e-mail was sent to Shirley Skipper-Scott, Associate Warden explaining a consultation betweenpr. Miller and Dr. Nagle, National Suicide Prevention Coordinator. Dr. Miller reviewee consult and recommendation from the Psychology Services Branch, Central Office that Mr. Epstein be housed with another inmate that had EFTA00056535
a sex offense. There is no evidence this information was considered beyond this e-mail and Mr. Epstein was never housed with another sex offending inmate. It is recommended Executive Staff and Correctional Services staff include a psychologist in decisions about cellmates as a means of incorporating expertise about suicide risk, mental health needs, and need for psychological stability. 8. Inmate Accountability and Assignment Accuracy: According to a SENTRY quarters roster generated on August 10, 2019 at 12:51 ant, there were three inmates assigned to Mr. Epstein's SHU cell, 104-206LAD, including him. However, his SHU cell was only a double occupancy cell. Inmate Patrick Avila (#86710-054), inmate Gregory Ferrer (#79793-054), and Mr. Epstein were all assigned to the same cell. On August 13, 2019, at 12:06 p.m. and 12:08 p.m., we generated a quarters history roster for inmate Avila and Ferrer, respectively. Inmate Avila's cell assignment was Z04-206LAD from August 5, 2015 until August 11, 2019phen he was moved to cell Z04-212UAD. Inmate Ferrer's cell assignment was Z04-206UAD from August 1, 2019 until August 11, 2019, when he was moved to cell Z04-207LAD. We then generated a quarters history roster for Mr. Epstein on August 13, 2019, at 9:07 am. His cell assignment was Z04-206LAD from July 29, 2019) until August 10, 2019. On Monday, August 12, 2019, photos of the outer cell door and SHU locator form were sent to the Correctional Service Department in the Northeast Region. The SHU locator sheet is dated August 9, 2019. The locator form shows Inmate Ferrer in cell 207L (SENTRY states he was moved to this cell on August 11, 2019), inmate Avila in cell 212U (SENTRY states he was moved to this cell on August 11, 2019), inmate Epstein in cell 220L (SENTRY never shows him in this cell) along with inmate Reyes, Efrain, (#85993-054). The locator shows inmate Copper (#92299-054) and inmate Dockery' (#60685-050) in cell 206. The photo sheets show the cell being 220 with inmates Epstein and Reyes' identification cards on the door. Inmate Reyes, Efrain, Reg. No. 85993-054 was in cell Z06-220U from August 5, 2019 to August 9, 2019. A review of the suicide watch log books show that when Mr. Epstein was on suicide watch he was in Cell 4, but SENTRY states he was in cell H01-001L. A review was conducted on August 13, 2019, the four inmates currently in H0I cells. There are four cells dedicated as suicide watch cells (H01 cells in SENTRY) with an inmate in each cell. SENTRY shows two inmates assigned to H01-001L, one assigned to H01-002L, and the fourth inmate assigned to a General Population Housing Unit. Through physical observation of the dedicated suicide watch cells there were four H01 cells, however a review of the BOPWARE Inmate Housing Format, only shows three H0I cells. inmate movement and assignments are not accurately reflected in SENTRY as required by P5500.14, Correctional Service Procedures Manual. 9. Attorney Log Books* Attorney visiting area — attorney log books; Attorney visiting area — inmate search logs, and Front lobby - attorney log books were inconsistently secured immediately following the event (1 attorney visiting area — attorney log book was secured, 2 attorney visiting area — attorney log books, 1 inmate search log, and I front lobby attorney log book were not). EFTA00056536
N415324.08 states: a. In the event of a suicide, institution staff, particularly Correctional Services staff, and other law enforcement personnel, will handle the site with the same level of protection as any crime scene in which a death has occurred. b. All possible evidence and documentation will be preserved to provide data and support for subsequent investigators doing a psychological reconstruction. A review of the attorney log books identified many errors and signify a systemic concern. For example, there were two open Attorney visiting area — attorney log books, entries were made out of chronological order, attorney visitors are not consistently signing in and out; the differing purposes of the Attorney visiting area — attorney log books and the Front lobby — attorney log books is not known and could not be explained, significant information is illegible or missing, columns are not consistently labeled, log book opening and closing dates are inconsistent, the cover was missing on several books, staff were unable to articulate a system of control of the log books, and over several days some log books were unaccountable for extended periods of time. At the current time, these log books are not functioning as an adequate system of control and monitoring. 10. Automatic External Defibrillators, A review of AEDs available in the institution revealed that the list used for accountability and inspection purposes was inaccurate and incomplete. 11. Post Orders & SHU Training: Post Orders were reviewed for the 3rd Quarter in SHU. Officer L. Grey failed to sign post orders for SHU#3. Reviewed the sign in sheet for the SHU training for the 3rd Quarter (June 9, 2019jto September 7, 2019). The training was conducted on June 6, 2019. Three staff assigned to the quarterly roster in the Special Housing Unit did not attend or receive the SHU Training: Officer D. Dubenezic, Officer M. Monge, and Officer A. Grijalva. 12. Staffing: The Drug Abuse Program Coordinator positon was abolished during Phase I of the staff realignment during fiscal year 2018. Re-establishing the Drug Abuse Program Coordinator position would restore a position previously abolished and provide the institution with an additional supervisory psychologist to provide critical clinical services. Staffing in the Correctional Services department is relevant to the reconstruction. Details are provided in the After Action Review. 13. Case Conceptualization: While it is acknowledged that there is limited time for psychologists to dedicate extended periods conceptualizing cases, it is recommended in particularly complex and/or high profile cases in order to enhance services provided and maximize support for Executive Staff management of inmates. DOCUMENTS EXAMINED Form 583, Report of Incident Staff Memoranda TRUINTEL SENTRY PDS-BEMR TRULINCS EFTA00056537
EFTA00056538
Re: Fwd: Inmate Epstein #76318-054 (Suicide Watch) From Elissa Miller To Carla Melendez Date 2019/07/24 13:34 Subject: Re: Fwd: Inmate Epstein #76318-054 (Suicide Watch) Attachments: TEXT.htm, IMAGE.gif Page 3581 EFTA00056539
Epstein was stepped down from suicide watch to psychological observation this morning. No one else is on. Elissa R. Miller, Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: (646) 836-6334 Fax: (646) 836-7712 E-mail: er2millerabop.gov > » Carla Melendez 7/24/2019 1:33 PM » > Thank you Do you have anyone in Psychological observation? NA Please don't print this e-mail unless it's necessary Carla P. M ele4A45O./z Assistant Human Resource Manager N'iS Notary Public Training Coach Federal Bureau of Prisons Metropolitan Correctional Center 153 Pcrk Row New York, NY 10007 13 646-836-6456 646-836-7674 (fox) E-Mail : [email protected] > » Elissa Miller 7/23/2019 10:56 AM > » Here you go.... sorry, I was in the middle of a crazy task! Elissa R. Miller, Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: (646) 836-6334 Fax: (646) 836-7712 E-mail: er2millerPboP.gov Page 3582 EFTA00056540
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Fwd: Here is the final statement that Rocco can send to all media who contacted MCC NY on Epstein last night and this morning From Chad Fultz To Laura Coleman, Ray Ormond Date 2019/07/25 11:16 Subject: Fwd: Here is the final statement that Rocco can send to all media who contacted MCC NY on Epstein last night and this morning Attachments: TEXT.htm Page 3600 EFTA00056558
FYI - media release on Epstein. thanks chad >> > Justin B. Long 7/25/2019 10:58 AM >>> Wow, right as I finished my last email, my boss just gave me the final response that I'll now send to all the reporters who reached out to our public affairs office in Central Office (you can send this to media who contacted you too Rocco): Jeffrey Epstein is currently housed at MCC New York and not in a local hospital as has been reported. As with all inmates, for privacy and security reasons, we do not share information on an inmate's medical status or their conditions of confinement. Justin Long Public Information Office Federal Bureau of Prisons (202) 353-4464 >> > Justin B. Long 7/25/2019 10:54 AM >>> Chad, This is a heads up that our public affairs office, IPPA leadership, and the Director's office drafted a statement for all Epstein inquiries today that DOD's public affairs folks are now reviewing. USMS will also see it because they are getting media inquiries and called me. And DOJ's Legislative Affairs team as well as BOP's legislative affairs folks are getting Congressional interest (Members' offices saying we should take better care of him, etc.). The final response to media that will be approved by DOJ should be given to me within the hour and I will send it out to more than 30 reporters who've emailed me. I'll give the response to Rocco who can give it to media who've contacted him in Lee's absence (Lee also has been in touch with me to be sure I have all I need). I'll send you all the final approved response from DOJ when I get it. Thanks, Justin Justin Long Public Information Office Federal Bureau of Prisons (202) 353-4464 Page 3601 EFTA00056559
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