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Psych Reconst - Epstein #76318-054
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Subject: Psych Reconst - Epstein #76318-054
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Subject Psych Recant • Epstein 06318-054
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Psych Reconst - Epstein #76318-054.docx
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PSYCHOLOGICAL RECONSTRUCTION OF INMATE DEATH
This is an interim report, due to an inability to gather all necessary data. Formal interviews were not
conducted as a part of this reconstruction to avoid interference with pending investigations by other
Department of Justice components. A copy of the video is normally made by Special Investigative
Staff following a significant incident, but there was no such video in this case since the original video
was confiscated by the Federal Bureau of Investigation (FBI) prior to the beginning of this
reconstruction. The absence of these two sources of information 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.
Name: Jeffrey Epstein
Register Number: 76318-054
Date of Death: 08-10-2019
Prepared by: 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), in New York, New York. C. Wills, former
Acting Assistant Director, Reentry Services Division. a inted a team to conduct a s cholo ical
reconstruction. The team consisted of
, Sex Offender Treatment Programs Coordinator, Central Office; Dia
Boutwell, Mental Health Treatment Coordinator, Central Office; and
Correctional Services Administrator, Northeast Regional Office. This reconstruction was established
in accordance with Bureau of Prisons' (BOP) Program Statement 5324.08, Suicide Prevention
Program.
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
York, with one brother. After early promotion in two grades, Mr. Epstein graduated from Lafayette
High School in 1969, at the age of 16. 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 until he was
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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 of these was his position as a
consultant with Steven Jude Hoffenberg in the late 1980s. Mr. Hoffenberg was described as his first
mentor. Mr. Hoffenberg was later convicted and incarcerated for running a large Ponzi scheme. He
implicated Mr. Epstein in fraudulently diverting company funds for his own personal use. Years later,
Leslie Wexner, Mr. Epstein's sole client at J. Epstein and Company, granted him power of attorney over
his affairs. Despite also being identified as Mr. Wexner's mentee, Mr. Epstein was again accused of
misappropriating funds-more than 46 million dollars. These large sums are believed to be the seed
money Mr. Epstein used to establish his considerable fortune. These events are indicative of Mr.
Epstein's highly-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 and then
successfully completed 12 months of probation. 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 in pretrial status at the
time of his death.
In a 37-page Decision & Order Remanding the Defendant, signed by Judge 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.
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Institutional History: On July 6, 2019, Mr. Epstein was arrested at Teterboro Airport in
New Jersey upon his return from Paris, France. It is unknown whether he was anticipating this
arrest. He was transported to MCC New York and keyed into SENTRY at 9:24 p.m. that evening.
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 of
his notoriety among the inmate population.
With regard to his adjustment to a correctional setting, 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 though it is unclear why it had been expunged and whether
Mr. Epstein knew this. Also, a review of financial transactions associated with Mr. Epstein's
prison account revealed one of his attorneys was depositing funds into his cellmate's (inmate
Reyes) commissary account for unknown reasons.
HEALTH CARE AND PERSONALITY DESCRIPTION
BOP Electronic Medical Records (BEMR) indicate Mr. Epstein was diagnosed with hyperlipidemia,
sleep apnea, hypertension, constipation, prediabetes, neuralgia, and neuritis unspecified. He was
prescribed the following mediations: docusate sodium, milk of magnesia, omega 3,
methylprednisone, 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," thus it does not
appear insulin was routinely medically necessary. 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 known available records. Any records
that may have been maintained relating to Mr. Epstein's incarceration in Florida were not available
for review as of the date of this report. With regard to Psychology Data System records in BEMR
(PDS-BEMR), Dr. Kari Schlessinger, Forensic Psychologist at
MCC New York completed a routine Intake Screening on July 8, 2019. During this screening, Mr.
Epstein denied any history of mental health problems, substance abuse, 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.
Following a consultation with , National Suicide Prevention Coordinator on
July 8, 2019, Dr. Chief Psychologist at MCC New York determined Mr. Epstein should
be pre-emptively evaluated for suicide risk upon his return from court. Primary consideration was
given to his various risk factors for suicide such as his high profile case and media attention, pending
sex offense charges, pre-trial status, and an ongoing court proceeding. Mr. Epstein returned from court
on July 8, 2019, after normal business hours. He denied suicidal
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thoughts at that time, but due to the potential for other risk factors listed above, the on-call
psychologist placed Mr. Epstein on Psychological Observation in one of the suicide watch cells until
he could be assessed in person by a BOP psychologist. Psychological Observation is a form of
individual monitoring that is less restrictive than Suicide Watch. It is used for inmates who are
stabilizing and not yet prepared for placement in general population or restrictive housing. It is
often used to transition inmates off of Suicide Watch in order to monitor their transition and safety
after an acute suicidal crisis. On July 9, 2019, Mr. Epstein underwent a formal, in-person suicide
risk assessment with She determined that, while suicide watch was not warranted at that
time, Mr. Epstein should remain on Psychological Observation status out of an abundance of
caution. He was removed from Psychological Observation on July 10, 2019.
On July 23, 2019, 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 and one knee. He was placed on suicide
watch by the Operations Lieutenant at approximately 1:40 a.m. pending a formal in- person suicide
risk assessment. Dr. , Staff Psychologist at MCC New York, 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,Nicholas Tartaglione, 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. Despite this investigation, staff was unable to determine 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 Observation,
where he remained housed until July 30, 2019, according to PDS-BEMR records. A discrepancy
exists regarding when he was removed from Psychological Observation. His cell assignment, per
SENTRY, indicates he was transferred back to the Special Housing Unit (SHU) on
July 29, 2019, whereas PDS-BEMR indicates he was removed from Psychological Observation on
July 30, 2019, at approximately 8:15 a.m.
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." Dr. Imeri was notified on August 1, 2019, about this paperwork. She
consulted with and then met with Mr. Epstein to conduct a suicide risk assessment. She
determined suicide watch was not warranted at that time.
Mr. Epstein remained classified as a Mental Health Care Level 1 throughout his time at
MCC New York. During his contacts with psychologists, Mr. Epstein routinely denied current
mental health symptoms to include suicidal ideation, and he did not exhibit symptoms of a serious
mental illness. However, there was evidence Mr. Epstein was experiencing challenges
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adjusting to his environment and changes in his lifestyle. He reported frequent complaints of
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 he was bothered by noise in the 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 described himself as a coward and as
someone who does not like pain. On July 28, 2019, he told Dr. Imeri the toilet in his cell would not
stop flushing for an extended period of time, and he then took to sitting in the comer 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 allegations comprised of more serious charges. The current indictment alleged
sexual crimes against minors, and he was facing up to 45 years in prison. On July 18, 2019, Mr.
Epstein's request for bail and pretrial release was denied.
On July 23, 2019, Mr. Epstein was found unresponsive in his cell. The motivation and context were
never fully determined. After 31 hours and 5 minutes on Suicide Watch, he was then placed on
Psychological Observation. On July 30, 2019, Mr. Epstein was removed from Psychological
Observation. Dr. Imeri sent an e-mail reporting Mr. Epstein had been removed from Psychological
Observation and needed to be housed with an appropriate cellmate. This
e-m ail was sent to 71 MCC New York staff and, as of August 13, 2019, only 27 staff members had
opened the message.
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 order receipt
for titles such as SM 101: A Realistic Introduction; SlayeCraft: Roadmapsfor Erotic Servitude; and
Training with Miss Abernathy: A Workbook for Erotic Slaves and Their Owners. Additional high
profile public figures were also named in the released documents. The documents were part of a
defamation lawsuit filed by , a woman who alleged Mr. Epstein had
victimized her, against a British socialite, Ghislaine Maxwell, who was Mr. Epstein's ex-girlfriend,
associate, and alleged to have assisted with his criminal activities.
According to staff report, Mr. Epstein was afforded telephone calls on two different days although
it is unknown whether they were legal or social calls. No recording 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. Legal calls are not monitored, and would not be recorded. A social call would be
recorded; given the limited information known about Mr. Epstein, knowledge of the content of any
social calls would have been crucial to helping staff work with him.
Following his final telephone call on the evening of August 9, 2019, Mr. Epstein was moved into his
SHU cell. He was single-celled at that time because his cellmate (Efrain Reyes #85993-054)
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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 laced with him by the EW staff.
According to a memorandum from SHU staff were
informed at approximately 1:50 p.m. that Mr. E stein's cellmate would likely not
return from court. Furthermore, noted Mr. Epstein would need a cellmate upon
arrival from his attorney visit.
A review of the 30-minute rounds forms indicate unit rounds were corn leted for the entire MW
shift on August 10, 2019. However, a memorandum from indicates Officer
and Material Handler Supervisor 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 a.m.
DESCRIPTION OF SCENE
A detailed description of the scene was unavailable because the officers who discovered
Mr. Epstein did not write memorandums and could not be interviewed. According to the Report of
Incident, on August 10, 2019, at approximately 6:33 a.m., 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 stated
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 a.m., and Emergency Medical Services (EMS) arrived at 6:43 a.m. He was
transported to the local hospital at approximately 7:10 a.m. Mr. Epstein was pronounced deceased at
7:36 am. It was not possible to confirm this timeline without viewing video footage.
CONCLUSIONS/RECOMMENDATIONS
A general appreciation of risk factors for suicide specific to sex offenders is necessary 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 be secondary to the
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 had
been 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
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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 to attempt
suicide, but ultimately denied it was a suicide attempt. He was convincing in his denial. On that
occasion, he was saved because his cellmate notified BOP 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. The lack of
significant interpersonal connections, a complete loss of his status in both the community and among
associates, and the idea of potentially spending his life in prison were likely factors contributing to
Mr. Epstein's suicide.
The following recommendations concern institution operations: Corr Svd Psych
I. Single 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 the
warden, should be reviewed in formal meetings such as staff recalls, department head
meetings, and lieutenants meetings.
ExedIDO
2. Rounds:. 30-minute rounds are required by P5500.14, Correctional Services Procedures
Manual.
Corr Svc / Legal
3. 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
input was not sought from Psychology Services and it is not clear if or how sex
offender-specific needs and associated risk were incorporated into the housing plan. 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 staff, Executive
Staff may have inadvertently overlooked the need to consider unique risk factors associated
with individuals who have been charged with and convicted of a sex offense. On July 25,
2019, sent an e-mail to
explaining a consultation between and
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EFTA00041974
, National Suicide Prevention Coordinator. In the e-mail,
Legal
reviewed the consult and recommendation from the Psychology Services Branch, Central
Office that Mr. Epstein be housed with another inmate who had also been accused of
committing a sex offense. There is no evidence this information was considered beyond this e-
mail, and Mr. Epstein was never housed with another inmate charged or convicted of a sexual
offense.
Exec Staff
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 interventions for psychological stability.
Psvc Svc
4. 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,
documented information received from
that Mr. E stein, "was found with a string loosely hanging around his neck." In contrast,
who responded to this emergency, wrote a memorandum dated July
23, 2019. In that memorandum, Officer Silva wrote 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 all descriptions of the incident accurately reflect objective evidence.
wrote Mr. Epstein an incident report for Self-Mutilation on July
23, 2019, after he was found unresponsive in his cell but prior to having the necessary
facts to determine whether he likely engaged in a Bureau violation. BOP
policy expects staff to write an incident report within 24 hours of having the information that
an inmate likely violated BOP rules but without making a presumptive decision about guilt.
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. It is
recommended that staff remain open to all reasonable explanations for a behavior and take
the appropriate actions when a final determination is made. Although the incident report was
later expunged, inmates frequently experience significant stress when they contemplate the
potential consequences associated with findings of guilt.
Dr. Schlessinger entered a Psychology Services Intake Screening into PDS-BEMR on July
8, 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 S9licitation
of Prostitution and Procuring a Person Under the Age of 18 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.
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Dr. Schlessinger completed a Risk of Sexual Abusiveness document on July 8, 2019. She 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 within 24 hours of his
entry into Bureau custody which was on July 6, 2019, according to P6031.04 Patient
Care.
Psvc
was responsible for observing Mr. E stein and documenting his
behavior while on suicide watch on July 23, 2019. Officer mistakenly used a
Suicide Watch Log Book intended for inmate companion documentation between
1:40 a.m. and 6:00 a.m. on Jul 23 2019, when he should have been using the Staff Suicide
Watch Log Book. Ms. , Drug Treatment Specialist, reportedly noticed this error
and subsequently hand copied all of Officer M' entries from 1:40
a.m. to 6:00 a.m. into a 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. to Dr.
Schlessinger with a carbon copy to on August 12, 2019. Of note, Ms.
did not make an entry explaining why she was making the log book changes.
Additionally, Ms. then wrote entries for 6:15, 6:30, 6:45 and 7:00 a.m. in the Staff
Suicide Watch Log Book. These were not a part of the original entries made by Officer
nor was Ms. assigned to work the Suicide Watch post. Due to the inability to
interview staff at this time, it is unknown why Ms. attempted to correct Officer
M r error, or made any of the subsequent log entries. It is recommended that if a staff
member makes an entry error (e.g., writes in the incorrect suicide watch log book), the staff
member should describe the error in the correct log book, to include indicating when they
became aware of the error. The staff member should then notify the Chief Psychologist.
Corr Svc
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 10 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 Correctional Services Manual requires 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, dated April 15, 2019. A
Correctional Officer is required to complete hourly rounds and sign the log book; 179
EFTA00041976
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 to sign one time per shift and 16 of 16 instances were missing. It is recommended
that a further review of Psychological Observation procedures be conducted.
AW Edge
5. Telephone Calls: In a PDS-BEMR note written by on July 16, 2019, she was
informed by an unnamed staff member that a lieutenant facilitated two telephone calls for Mr.
Epstein. It is unknown when and 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. While there, he was 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, dialing a number that
reportedly began 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, other than legal 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.
6. 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 BOP 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 BOP staff member was not maintained as
required by MCC New York's Procedural Memorandum for Psychological Observation.
7. 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
re orted she observed Mr. E stein in his cell. In an e-mail she sent to and
later that evening, she described Mr. Epstein as "distraught,
sad and a little confused." She said she then asked Mr. Epstein if he was
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okay, and he reportedly said he was. However, Ms. noted in her e-mail she was not
convinced of this, adding, "He seems dazed and withdrawn." She went 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 Ms. Tones was concerned about
suicide risk, P5324.08 Suicide Prevention Pr ram requires her to maintain direct,
continuous observation of Mr. Epstein. When opened the e-mail the following
Monday morning, Mr. Epstein was evaluated by Dr. Schlessinger at approximately
9:30 a.m.
Psvc Svc
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 with inmates who have
a history or charge of sex offense. Both of these groups of inmates are susceptible to
exaggerated or unrealistic fears about correctional settings 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).
PP-63 Func
Mr. Epstein was reportedly in court on July 31, 2019. It is unknown what time he departed or
returned to MCC New York because this information was not 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 "Nra Mental Concerns Suicidal Tendencies." The USMS requested R&D staff
sign the form, and the then departed with the signed copy. On August 1, 2019, at 8:46 a.m.,
Dr. Imeri sent an e-mail reporting 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 about a potentially suicidal inmate and
procedures should have been followed as outlined in P5324.08 Suicide Prevention Program.
Specifically, 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
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EFTA00041978
or seen by a psychologist. There is no evidence Mr. Epstein was monitored under these
conditions from the time he returned from court until he was seen by Dr. Imeri for a suicide
risk assessment on August 1, 2019, at approximately 1:30 p.m.
Exec
8. Inmate Accountability and Assignment Accuracy: According to a SENTRY quarters roster
generated on August 10, 2019, at 12:51 a.m., there were three inmates assigned to Mr.
Epstein's SHU cell, Z04-206LAD, including him, at the time of his death. 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., a quarters history roster was generated for inmate
Avila and Ferrer, respectively. Inmate Avila's cell assignment was Z04-206LAD from
August 5, 2019, until August 11, 2019, when 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 204-207LAD. A quarters history roster was generated for Mr.
Epstein on August 13, 2019, at 9:07 a.m. His cell assignment was Z04-206LAD from July
29, 2019, until August 10, 2019.
On Monday, August 12, 2019, photographs ofnametags on SHU cell doors and SHU locator
forms were sent to the Correctional Service Department in the Northeast Region. The SHU
locator form is dated August 9, 2019. It shows inmate Ferrer in cell 207L (SENTRY states
he was moved to this cell on August 11, 2019), inmate Avila in cell 212O (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 (#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.
Psvc Svc
MCC New York has four suicide watch cells and each is for single occupancy use. The
suicide watch cells are located in Health Services. Each cell is abbreviated with the unit
code HOI in SENTRY followed by the four-digit cell number. The doors are identified by
a painted number from one to four. Two reviews were conducted. The first revealed Mr.
Epstein was in H01-001L according to SENTRY but the Suicide Watch Log Books indicate
he was in cell 4. A second review was conducted on August 13, 2019, while there were four
inmates on in these cells. SENTRY showed two inmates assigned to HO1-001L, 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 H0I cells,
however a review of the BOPWARE Inmate Housing Format, only shows three cells.
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Inmate movement and assignments are not accurately reflected in SENTRY as required by
P5500.14 Correctional Service Procedures Manual.
Exec Staff
9. Attorney Log Books: Four log books were not secured following Mr. Epstein's death.
Specifically, three Attorney Log Books located in the Attorney Visiting and Front Lobby
areas and an Inmate Search Log Book located in the Attorney Visiting area were not secured.
All four books were still in use at the outset of the reconstruction and after the reconstruction
team advised staff to secure them. P5324.08 states, "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." This policy further states, "All possible evidence and documentation will be
preserved to provide data and support for subsequent investigators doing a psychological
reconstruction."
Further, a review of the attorney log books identified many errors and signify a systemic
concern. For example, there were two concurrently open attorney log books in the Attorney
Visiting area. Further, the different purposes of the two attorney log books, one in the
Attorney Visit area and one in the Front Lobby, could not be explained. BOP staff were
unable to articulate a system of control for the log books, and during the reconstruction,
some of the log books could not be accounted for. Within the log books, entries were made
out of chronological order, attorneys did not consistently sign in and out, significant
information was illegible or missing, columns were not consistently labeled, log book
opening and closing dates were inconsistent, and the cover had been tom off of several
books. 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 available AEDs in the institution revealed
that the list used for accountability and inspection purp
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