This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2019/11/19/nyregion/epstein-prison-guards-arrested.html

The article has changed 11 times. There is an RSS feed of changes available.

Version 4 Version 5
Jeffrey Epstein Suicide: Two Jail Workers Charged Jeffrey Epstein Suicide: Two Jail Workers Charged
(about 2 hours later)
Two federal workers who were on duty the night Jeffrey Epstein killed himself in a Manhattan jail were charged on Tuesday with failing to check on him every half-hour as they were supposed to and then lying about it on prison documents.Two federal workers who were on duty the night Jeffrey Epstein killed himself in a Manhattan jail were charged on Tuesday with failing to check on him every half-hour as they were supposed to and then lying about it on prison documents.
The two federal Bureau of Prisons employees, Tova Noel and Michael Thomas, were expected to appear in United States District Court in Manhattan to face charges including conspiracy and making false records.The two federal Bureau of Prisons employees, Tova Noel and Michael Thomas, were expected to appear in United States District Court in Manhattan to face charges including conspiracy and making false records.
The charges are the first to arise from a criminal investigation into the death of Mr. Epstein, the disgraced financier who hanged himself at the Metropolitan Correctional Center in Manhattan while awaiting trial on sex-trafficking charges.The charges are the first to arise from a criminal investigation into the death of Mr. Epstein, the disgraced financier who hanged himself at the Metropolitan Correctional Center in Manhattan while awaiting trial on sex-trafficking charges.
The indictment charged Ms. Noel, 31, and Mr. Thomas, 41, with making false records and conspiring to defraud the United States. Specifically, the indictment said the two workers failed to make their rounds to check on detainees and instead “sat at their desk, browsed the internet and moved around the common area.” The indictment for the first time laid out a detailed, official account of what happened inside the jail the night that Mr. Epstein died inside a high-security protective housing unit. It said that video evidence showed no one entered the wing where Mr. Epstein was being held between 10:30 p.m. and 6:30 a.m. when he was found.
Prosecutors accused Ms. Noel, 31, and Mr. Thomas, 41, of failing to make their required rounds to check on detainees. Instead, according to the indictment, the two “sat at their desk, browsed the internet and moved around the common area.”
They then signed “count sheets” saying they had checked on inmates several times overnight when they had not. The workers only discovered Mr. Epstein had hanged himself in his cell — 15 feet from their desk — when they went to give him breakfast at 6:30 a.m., the indictment said.They then signed “count sheets” saying they had checked on inmates several times overnight when they had not. The workers only discovered Mr. Epstein had hanged himself in his cell — 15 feet from their desk — when they went to give him breakfast at 6:30 a.m., the indictment said.
“The defendants had a duty to ensure the safety and security of federal inmates in their care at the Metropolitan Correctional Center,” Geoffrey S. Berman, the United States attorney in Manhattan, said in a statement. “Instead, they repeatedly failed to conduct mandated checks on inmates and lied on official forms to hide their dereliction.”“The defendants had a duty to ensure the safety and security of federal inmates in their care at the Metropolitan Correctional Center,” Geoffrey S. Berman, the United States attorney in Manhattan, said in a statement. “Instead, they repeatedly failed to conduct mandated checks on inmates and lied on official forms to hide their dereliction.”
Mr. Epstein, 66, had been in custody for more than a month when he was found dead on Aug. 10. New York City’s chief medical examiner ruled the death a suicide. Lawyers for Mr. Epstein have challenged that finding, and a forensic pathologist hired by Mr. Epstein’s family has claimed that “evidence points to homicide.”Mr. Epstein, 66, had been in custody for more than a month when he was found dead on Aug. 10. New York City’s chief medical examiner ruled the death a suicide. Lawyers for Mr. Epstein have challenged that finding, and a forensic pathologist hired by Mr. Epstein’s family has claimed that “evidence points to homicide.”
The indictment backed up the medical examiner’s finding and appeared to rebut a conspiracy theory suggesting Mr. Epstein did not kill himself. It said that only corrections officers on duty would have had access to the unit where Mr. Epstein was being held, and that security camera video suggested that only two other officers entered the unit during that time. The indictment backed up the medical examiner’s finding and appeared to rebut a conspiracy theory suggesting Mr. Epstein did not kill himself. It said that only corrections officers on duty would have had access to the unit where Mr. Epstein was being held and that security camera video suggested only two other officers entered the unit during that time.
But the indictment painted a picture of two workers with years of experience who failed to perform a basic and essential duty of their jobs: making sure inmates were alive and accounted for. The indictment filed by prosecutors painted a picture of two workers with years of experience who failed to perform a basic and essential duty of their jobs: making sure inmates were alive and accounted for.
Ms. Noel and Mr. Thomas came under scrutiny shortly after Mr. Epstein’s death, because they were responsible for monitoring the high-security protective housing unit where Mr. Epstein, who had only recently been removed from a suicide watch, was being held.Ms. Noel and Mr. Thomas came under scrutiny shortly after Mr. Epstein’s death, because they were responsible for monitoring the high-security protective housing unit where Mr. Epstein, who had only recently been removed from a suicide watch, was being held.
Ms. Noel had been working as a corrections officer in the Manhattan jail since 2016. Mr. Thomas started there as a corrections officer in 2007, and though he was assigned to another position within the jail in 2013, he frequently worked overtime shifts as an officer. Ms. Noel had been working as a corrections officer in the Manhattan jail since 2016. Mr. Thomas started there as a corrections officer in 2007, and though he was assigned to another position within the jail in 2013, he frequently worked overtime shifts as an officer, the indictment said.
The workers were supposed to check in on Mr. Epstein and other inmates every 30 minutes, according to the indictment. Instead, they spent several hours sitting at a desk just 15 feet from Mr. Epstein’s cell, surfing the internet and walking around a common area. The workers were supposed to check in on Mr. Epstein and other inmates every 30 minutes, according to the indictment. Instead, they spent several hours sitting at a desk near Mr. Epstein’s cell, surfing the internet and walking around a common area.
At times when they were supposed to be performing mandatory inmate counts, Ms. Noel and Mr. Thomas were online shopping; she looked at furniture sales and he browsed motorcycles and caught up on sports news.At times when they were supposed to be performing mandatory inmate counts, Ms. Noel and Mr. Thomas were online shopping; she looked at furniture sales and he browsed motorcycles and caught up on sports news.
For about two hours during their shift, both of them sat at the desk without moving, leading investigators to conclude they were likely asleep, according to the indictment.For about two hours during their shift, both of them sat at the desk without moving, leading investigators to conclude they were likely asleep, according to the indictment.
At no point did the workers leave their desk to check on inmates, according to the indictment. But they falsified records to cover up what they had done, with Ms. Noel signing more than 75 entries suggesting she had conducted 30-minute checks.At no point did the workers leave their desk to check on inmates, according to the indictment. But they falsified records to cover up what they had done, with Ms. Noel signing more than 75 entries suggesting she had conducted 30-minute checks.
The next morning, when Ms. Noel and Mr. Thomas entered Mr. Epstein’s cell, they found him unresponsive “with a noose around his neck,” according to the indictment. When a supervisor arrived, the guards admitted they had not properly performed their duties.The next morning, when Ms. Noel and Mr. Thomas entered Mr. Epstein’s cell, they found him unresponsive “with a noose around his neck,” according to the indictment. When a supervisor arrived, the guards admitted they had not properly performed their duties.
“We did not complete the 3 a.m. nor 5 a.m. rounds,” Ms. Noel said, according to the indictment.“We did not complete the 3 a.m. nor 5 a.m. rounds,” Ms. Noel said, according to the indictment.
“We messed up,” Mr. Thomas said, then later said, “I messed up, she’s not to blame, we didn’t do any rounds.”“We messed up,” Mr. Thomas said, then later said, “I messed up, she’s not to blame, we didn’t do any rounds.”
The director of the Bureau of Prisons, Kathleen Hawk Sawyer, said in a statement that the agency was taking the allegations very seriously and would respond appropriately.The director of the Bureau of Prisons, Kathleen Hawk Sawyer, said in a statement that the agency was taking the allegations very seriously and would respond appropriately.
Mr. Thomas’s lawyer, Montell Figgins, said his client was being singled out for blame while higher level officials at the Bureau of Prisons were not being held accountable for what he called “fundamental lapses in the organization and management” of the agency.
“My client feels that there was a rush to judgment in this matter and that he’s being scapegoated,” Mr. Figgins said.
A lawyer for Ms. Noel, Jason E. Foy, could not immediately be reached for comment.
Jose Rojas, an official in the prison workers’ union and a teacher at the Coleman prison complex in Sumter County, Fla., said that, although he did not condone falsifying records, the two prison staff members were being scapegoated for Mr. Epstein’s death.Jose Rojas, an official in the prison workers’ union and a teacher at the Coleman prison complex in Sumter County, Fla., said that, although he did not condone falsifying records, the two prison staff members were being scapegoated for Mr. Epstein’s death.
Mr. Rojas said missing rounds and doctoring records were generally treated as a policy violation in the bureau, not as a criminal matter.Mr. Rojas said missing rounds and doctoring records were generally treated as a policy violation in the bureau, not as a criminal matter.
And, he said, there was blame to go around.And, he said, there was blame to go around.
“There’s culpability at the top,” Mr. Rojas said. “They always try to blame the lowest person on the totem pole.”“There’s culpability at the top,” Mr. Rojas said. “They always try to blame the lowest person on the totem pole.”
Mr. Epstein had pleaded not guilty and was set to go on trial next year. If he had been convicted, he could have faced up to 45 years in prison.Mr. Epstein had pleaded not guilty and was set to go on trial next year. If he had been convicted, he could have faced up to 45 years in prison.
Three weeks before his death, Mr. Epstein was found injured in his cell in what was then investigated as a possible suicide attempt. By the time of his death, Mr. Epstein had been taken off suicide watch but was supposed to have another inmate in his cell. The prison allowed him to be housed alone the day he died, Mr. Rojas said.Three weeks before his death, Mr. Epstein was found injured in his cell in what was then investigated as a possible suicide attempt. By the time of his death, Mr. Epstein had been taken off suicide watch but was supposed to have another inmate in his cell. The prison allowed him to be housed alone the day he died, Mr. Rojas said.
Additionally, the Manhattan jail had been short staffed for quite some time. On the night when Mr. Epstein died, both staff members were working overtime. Ms. Noel had been scheduled to work a 16-hour double shift. Mr. Thomas had volunteered to work, having already done several tours of overtime that week.Additionally, the Manhattan jail had been short staffed for quite some time. On the night when Mr. Epstein died, both staff members were working overtime. Ms. Noel had been scheduled to work a 16-hour double shift. Mr. Thomas had volunteered to work, having already done several tours of overtime that week.
The staffing problems at the Manhattan jail are emblematic of a larger shortage of correctional officers in federal jails and prisons across the country. “These staff were placed in an assignment where the tools and resources needed to be successful were not available,” said Tyrone Covington, president of the local union that represents employees at the Manhattan Correctional Center. “Simply assigning blame will not correct the staff shortages that put this chain of events in place.”
These facilities have been dealing with rising levels of violence and other safety problems as the Trump administration has curtailed hiring in its quest to shrink the government, according to an investigation by The New York Times last year. He added, “It is clear to us that these indictments are a mask to cover up the true issues and merely be able to create a narrative that government has taken action.”
Some prisons have been so pressed for guards that they have forced teachers, nurses and other support staff to step in. That can lead to security risks because substitute workers are often less familiar with the inmate population than regular guards and can miss cues indicating that trouble is brewing, The Times’s investigation found.
That Mr. Epstein managed to kill himself while in federal custody was viewed as an embarrassment to the Bureau of Prisons and the Justice Department. The attorney general, William P., Barr, ordered an investigation into Mr. Epstein’s death.
On Tuesday, Ms. Sawyer testified before the Senate Judiciary Committee. When asked if there was a widespread problem of Bureau of Prisons employees sleeping on the job, she said that there were “a few.”
Ms. Sawyer added that the agency was trying to identify problem employees and that it was monitoring cameras to make sure that staff were adequately performing their jobs.
During the hearing, Senator Lindsey Graham of South Carolina, a Republican, asked Ms. Sawyer if she agreed with the medical examiner’s finding that Mr. Epstein’s death was a suicide.
Ms. Sawyer, who was brought in to head the agency after Mr. Epstein’s death, said that she had no evidence that refuted the medical examiner’s conclusion but that she was limited in what she could say about the case because of the ongoing investigation.
This is a developing story. Check back for updates.
Katie Benner, Nicole Hong and Ali Watkins contributed reporting.Katie Benner, Nicole Hong and Ali Watkins contributed reporting.