EFTA00064311.pdf

1 2 APPEARANCES: OFFICE OF THE INSPECTOR GENERAL BY: BY: WITNESS: DIGITALLY RECORDED LAMINE N'DIAYE SWORN STATEMENT OF LAMINE N'DIAYE OTHER APPEARANCES: OIG CASE #: 2019-010614 DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL OCTOBER 27, 2021 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: (818) 431-5800 3 4 1 MR. The recorder is on. My 1 As well as -- 2 name is , and I am a Senior 2 UNKNOWN MALE: 3 Special Agent with the U.S. Department of 3 MR. -- Mr. N'Diaye's 4 Justice, Office of the Inspector General, New 4 attorney. I'm sorry. What is it? 5 York Field Office, and these are my 5 MR. 6 credentials. 6 First name 7 MR. N'DIAYE: Okay. Mm-hmm. 7 MR. Thank you, sir. Who is 8 MR. : This interview with 8 representing Mr. N'Diaye. This interview will 9 Federal Bureau of Prisons employee - is it 9 be recorded by me, Senior Special Agent 10 Lamine? 10 . could everyone please identify 11 MR. N'DIAYE: Lamine N'Diaye. 11 themselves for the record, and spell your last 12 MR. : Is being conducted as 12 name? To start a ain I am DOJ/OIG Senior 13 part of an official U.S. Department of Justice, 13 Special Agent, . M-A-T-U-L-E- 14 Office of the Inspector General investigation. 14 W-I-C-Z. 15 Today's date is October 27th, 2021, and the 15 MR. : This is DOJ Special Agent 16 time is 1:53 p.m. This interview is being 16 . And these are my 17 conducted - what is the -? Is it 1515? 17 credentials. 18 MR. M.15. 18 MR. N'DIAYE: Okay. And I am -- 19 MR. : 515? 19 MR. : I can't -- 20 MR. N'DIAYE: Yes. 20 MR. N'DIAYE: Lamine -- 21 UNKNOWN MALE: Madison Avenue. 31st 21 MR. : I can't show you any 22 floor. 22 credentials. 23 MR. : Okay. 515 Madison 23 MR. N'DIAYE: N'Diaye. First name 24 Avenue, 31st floor. New York, New York. Also 24 MR. : Okay. 25 present is DOJ/OIC Special Agent 25 MR. N'DIAYE: Lamine, L-A-M-I-N-E. And EFTA00064311  6 1 last name N'Diaye, N-, as in Nathan, 1 MR. : -- as I say -- 2 apostrophe D- as in , I-A-Y-E. 2 MR. : But ou are -- 3 MR. • Thank you, sir. Do you 3 MR. : . I'm his 4 happen to one -- 4 lawyer. 5 MR. : I still don't know how he 5 MR. -- perfect, and we're in 6 pronounces his name. Is it -? Yeah. And I'm 6 your office. 7 so arrogant that I don't carry identification. 7 MR. : Right. 8 You know what I mean? 8 MR. This is an official 9 MR. : No. That's fine. 9 DOJ/OIC investigation into the death of inmate 10 MR. : Yeah. But you are sitting 10 Jeffrey Epstein and the circumstances 11 down here, you are willing to pay the fee. 11 surrounding it, and you are being asked to 12 MR. N'DIAYE: Yeah. 12 voluntarily provide answers to our questions. 13 MR. : You know who I am. 13 Will you agree to a voluntary interview with 14 MR. : So, I am looking at Mr. 14 the DOJ/OIG? 15 N'Diaye's law enforcement officer credentials. 15 MR. N'DIAYE: Yes, I will. 16 And it has a picture. And a signature of the 16 MR. : Thank you, sir. This is 17 gentleman sitting in front of me. Thank you, 17 the form that we have to do all interviews, 18 sir. And his attorney, do you mind - and 18 interviewees. 19 again, it's 19 MR. • Is that form B? 20 MR. 20 MR. This is the OIG form III- 21 MR. 21 226/2. 22 MR. : . And I'm sorry, I 22 MR. : Yeah. 23 don't have -. I really -- 23 MR. N'DIAYE: Okay. 24 MR. No. That's quite all 24 MR. : But it says is - I'm 25 right. 25 going to read it for you - United States 7 8 1 Department of Justice, Office of the Inspector 1 to make a statement and answer questions. No 2 General, Warnings and Assurances to Employee 2 promises or threats have been made to me, and 3 Requested to Provide Information on a Voluntary 3 no pressure or coercion of any kind has been 4 Basis. It says, "You are being asked to 4 used against me." If you would like to take a 5 provide information as part of an investigation 5 look at it, you may. If you agree to it, if 6 being conducted by the Office of the Inspector 6 you want your attorney to look at it, he may, 7 General. This investigation is being conducted 7 as well. 8 pursuant to the Inspector General Act of 1978, 8 MR. N'DIAYE: Okay. 9 as amended. This investigation pertains to job 9 MR. : You can sign where it 10 performance failure, and security failure." 10 says "Employee Signature." And then, also 11 And this is what we are writing for everyone 11 write your name. I did read it verbatim. 12 that we speak to, just because we're looking at 12 MR. : I'm sure you did. Okay. 13 it as a -- 13 There is no lace that said attorneys -- 14 MR. N'DIAYE: Right. 14 MR. • No, no, no. 15 MR. : -- whole of what 15 MR. -- signatures. 16 happened. "This is a voluntary interview. 16 MR. • It's not for you to sign. 17 Accordingly, you do not have to answer 17 It's for him, myself, and the witness. It's 18 questions. No disciplinary action will be 18 just if you wanted to review it, or ask any -- 19 taken against you if you chose not to answer 19 MR. : No, that's all right. 20 questions. Any statements you furnish may be 20 MR. : -- questions about it. 21 used as evidence in any future criminal 21 MR. . That's all right. I do have a 22 proceedings, or agency disciplinary 22 question. 23 proceedings, or both." And there is a waiver 23 MR. N'DIAYE: Where do you want me to 24 section. It says, "I understand the Warnings 24 sign? 25 and Assurances stated above, and I am willing 25 MR. : In other words, if you say to EFTA00064312  9 10 1 him -- 1 signing as the signature of the Office of the 2 MR. : Oh, so, where it says -- 2 Inspector General, Special Agent. I'm printing 3 MR. : Right side. 3 my name. 4 MR. -- "Employee Signature." 4 MR. : Oh, one thing. So, 5 MR. : Do you have sex with ducks? 5 ordinarily, I would take notes. I've been at 6 And so, I'm not going to answer that question. 6 (Phonetic Sp. *00:04:49) for 50 years, 7 That's the - he can't get in trouble for that? 7 as you saw, to which my body is falling apart. 8 MR. : I won't be asking that 8 I had severe arthritis in my neck, and it's 9 question. 9 radiated down to my hands. I can't really 10 MR. : I mean, (Indiscernible 10 basically write. So, that's why -- 11 *00:04:18 11 MR. : Sure. 12 MR. : (Indiscernible *00:04:20). 12 MR. : I'm not taking notes. But 13 MR. : (Indiscernible *00:04:22). 13 I have a War d memory, so, yeah. 14 MR. N'DIAYE: (Indiscernible *00:04:21). 14 MR. : All right. Great. 15 Okay. 15 , can ou just sign as the witness? 16 MR. : Under the interview that 16 MR. : Oh. 17 we are doing right now, for voluntary 17 MR. : Put your name and take 18 interviews, he doesn't have to answer our 18 care of the rest of the form. 19 questions. 19 MR. : This is Special Agent 20 MR. N'DIAYE: Okay. Great. 20 . I'm signing as the witness, and dating 21 MR. : All right. So, thank you 21 it. 22 for signing that, sir. Did you have any 22 MR. : All right. Before 23 questions on the form? 23 starting the interview, I would like to place 24 MR. N'DIAYE: No, I don't. 24 you under oath. Mr. N'Diaye, can you please 25 MR. : All right. So, I'm 25 raise your right hand? 11 12 1 MR. N'DIAYE: Ym-hmm. 1 August. 2 MR. : Do you swear to tell the 2 MR. Correct. Okay. How long 3 truth and nothing but the truth during this 3 have you worked for the BOP? 4 interview? 4 MR. N'DIAYE: 30 years. And August, 5 MR. N'DIAYE: I do. 5 September, October, November. 30 years and 6 MR. Thank you, sir. What is 6 three months. 7 your current home address? 7 MR. : All right. And what is 8 MR. N'DIAYE: 8 your current position with the BOP? 9 9 MR. N'DIAYE: I'm the Warden at FCI Fort 10 MR. And what is your date of 10 Dix. 11 birth? 11 MR. : Okay. And what are your 12 MR. N'DIAYE: 12 -. You are the warden, you said? 13 MR. And what -- 13 MR. N'DIAYE: Yes. 14 MR. Jesus Christ. 14 MR. : Were you previously a 15 MR. -- what is the -- 15 regional director? 16 MR. I'm old. 16 MR. N'DIAYE: I was the deputy regional 17 MR. -- what are the last four 17 director in Philadelphia. 18 of your social securit number? 18 MR. : And how long have you 19 MR. N'DIAYE: 19 been the warden at FCI Fort Dix? 20 MR. Is it correct that you 20 MR. N'DIAYE: About two or three weeks. 21 were interviewed regarding the Epstein matter 21 Two weeks. 22 on August 19th, 2019? 22 MR. Oh, so -- 23 MR. N'DIAYE: Yeah. 23 MR. N'DIAYE: Yeah. 24 MR. : Or in August of 2019. 24 MR. -- it's a brand -- 25 MR. N'DIAYE: I know it was some time in 25 MR. N'DIAYE: Yeah. EFTA00064313  13 14 1 MR. -- new position? 1 MR. N'DIAYE: In New York. MCC. The 2 MR. N'DIAYE: It just got there. Yeah. 2 Metropolitan Correctional Center in New York. 3 MR. : Okay. How long were you 3 MR. : And how long were you a 4 the deputy regional director? 4 warden there? 5 MR. N'DIAYE: I got it in February. 5 MR. N'DIAYE: I came from May of - '17, 6 MR. : Okay. 6 '18 - May of '18 until, I forget the date, in 7 MR. N'DIAYE: Of 2021. 7 2020. I for it was. 8 MR. : Okay. And as the deputy 8 MR. : Okay. So, May 2018 to 9 regional director, what were your duties and 9 some time in 2020 -- 10 responsivities? 10 MR. N'DIAYE: Yeah. 11 MR. N'DIAYE: Monitoring he activities of 11 MR. : -- when you became the 12 the 20 institutions in the region, and, you 12 regional director? 13 know, managing the administratives within the 13 MR. N'DIAYE: No. The position 14 northeast region, and, you know, showing that 14 MR. : Yeah. 15 institutions were running in an orderly 15 MR. N'DIAYE: -- prior to that, I was 16 fashion. 16 given -- 17 MR. : Now, did you supervise 17 MR. Okay. 18 the various wardens at those institutions? 18 MR. N'DIAYE: -- was a liaison to the 19 MR. N'DIAYE: Yes. I was over there. I 19 regional director. And then, I went into the 20 was the rating official on some of the 20 deputy position. 21 evaluations. 21 MR. Okay. Sounds good. And 22 MR. : And were you a warden 22 August of 2019, though, were you a warden at 23 prior to that position? 23 the MCC New York? 24 MR. N'DIAYE: Yes, I was. 24 MR. N'DIAYE: Yes, I was. 25 MR. Where were you a warden? 25 MR. Thank you, sir. And are 15 16 1 you familiar with inmate Jeffrey Epstein, who 1 and at least about, like, providing the 2 was housed within the MCC in July and August of 2 information that they utilized to this report? 3 2019? 3 MR. N'DIAYE: No. 4 MR. N'DIAYE: Yes. 4 MR. : No. Okay. Fair enough. 5 MR. : Yes. Okay. Great. What 5 After the incident occurred, what was your role 6 I have here is an after-action report that was 6 with determining what happened and what didn't 7 written by the BOP. 7 happen after Epstein was found on August 10th, 8 MR. N'DIAYE: Nn-hmm. 8 2019? 9 MR. : Have you seen this? 9 MR. N'DIAYE: Well, I responded to the 10 MR. N'DIAYE: I have not seen that. 10 institution. At the time, when I got there, he 11 MR. : All right. So, this is 11 was at the hospital. So, I didn't go up to the 12 not something that you are actually familiar 12 unit, as far as - because it was a crime scene, 13 with? 13 and I've always been trained, if it was a crime 14 MR. N'DIAYE: No, I am not. 14 scene, if you weren't particularly there, the 15 MR. : No one discussed any 15 least amount of people that, you know, that go 16 findings or anything like that with you? 16 through that crime scene, just don't go into 17 MR. N'DIAYE: No one. 17 it. So, I didn't go into it, but you know, 18 MR. : All right. I'm going to 18 basically gathering information on what 19 set this aside just in case we need to, you 19 happened, notifying the region, notifying the 20 know, reference it. So, no role in the after- 20 FBI. The IG. 21 action report? 21 MR. : (Indiscernible *00:09:28). 22 MR. N'DIAYE: Nothing. I wasn't 22 He's already got that phone call. 23 interviewed. I wasn't spoken to. 23 MR. N'DIAYE: Oh. 24 MR. : All right. Do you know 24 MR. : Oh, yeah, you know what I 25 of anybody interviewed, or I mean, talked to 25 mean? Jeffrey Epstein -- EFTA00064314  17 18 1 MR. : Mm-hmm. 1 MR. N'DIAYE: It was at the 2 MR. like, fuck it, I'm going to 2 time. 3 sell. Oh, okay. 3 MR. : Okay. And then, who was 4 MR. N'DIAYE: Yeah. 4 your executive assistant? 5 MR. : That's why we do it for the 5 MR. N'DIAYE: (Phonetic Sp. 6 next six months. 6 *00:10:21 7 MR. N'DIAYE: So, there was a lot of 7 MR. Oka 8 notification on what happened. Trying to find 8 MR. 7 9 out the status of inmate Epstein. And things 9 MR. N'DIAYE: 10 more alon those lines. 10 MR. : Now, as part of our 11 MR. : Now, did you help with 11 investigation, we have to review everyone's 12 gathering information, up until a certain 12 emails, with regard to the incident. 13 point, and then, were you told not to anymore, 13 MR. N'DIAYE: Right. 14 or did you continue to gather -? 14 MR. : So, you mentioned that 15 MR. N'DIAYE: No, like, my boss was 15 you provided Mr. with timelines -- 16 calling me the regional director. They needed 16 MR. N'DIAYE: Yeah. 17 information. You know, starting a timeline on 17 MR. : -- and things like that. 18 what happened. So, I had my executive 18 So, these are just some timelines from - again, 19 assistant there, and, you know, we would just 19 Mr. Epstein, I believe, was found around 6:33 20 gather any information, and just, you know, 20 a.m. 21 making sure that, you know, things that were 21 MR. N'DIAYE: Mm-hmm. 22 requested were being provided to them, any 22 MR. : In the Special Housing 23 information. 23 Unit. This is a timeline starting with, it 24 MR. : And who was the regional 24 looks like, August 10th, 2019, at 11:04 a.m. 25 director at the time? 25 So, a few hours after the fact. It just says, 19 20 1 it says, "See below. Just to ensure you know 1 So, I doniiiiiiiiiirecall the specifics. 2 what is being relayed to DOJ." Now, is this -. 2 MR. : All right. Well, rather 3 And then, what I have behind it is, these are 3 than get into each one of these, because it 4 different timelines that are all updated 4 will take too long, I'll just do the very first 5 throughout the day. 5 one. It says, it just says, "7/23/2019, at 6 MR. N'DIAYE: Mm-hmm. 6 1:27 a.m., Epstein found in fetal position in 7 MR. : Here is one that was at 7 cell, breathing, but would not acknowledge 8 2:21 p.m. Same date. And then, the next one 8 staff initially." So, that is referring to the 9 was 3:42 p.m. And the next one was August 9 first initial attempt that Epstein may have had 10 12th. And then, the final one that we have is 10 on his life? 11 the August 13th. So, do these look like the 11 MR. N'DIAYE: Let me see which one. Are 12 timelines that you would have beeiliiiiering 12 we talkiniiiiiiiiilof, or -? 13 information and providing to Mr. 13 MR. : No. This is -- 14 MR. N'DIAYE: Okay. It looks like it. 14 MR. N'DIAYE: This is July. 15 MR. : Now, where were you 15 MR. : -- yeah, July, 16 actuaiiiiiiiiining this information from? You 16 (Indiscernible '00:12:40) 27. 17 said was obtaining it for you? 17 MR. N'DIAYE: Oh, no. This is July. 18 MR. N'DIAYE: He was the exec, we recall, 18 MR. : Yeah. 19 and in that, I'm not too familiar on the 19 MR. N'DIAYE: This is the -- 20 specifics on how we get it, because there was 20 MR. : So, this is the -- 21 so much goin on. 21 MR. N'DIAYE: -- no, the -- 22 MR. : Mm-hmm. 22 MR. : -- timeline. 23 MR. N'DIAYE: That, you know, I don't 23 MR. N'DIAYE: -- this would -. We would 24 recall if it was from the logbooks, or, you 24 have probably got this from the SIS 25 know, calling around and trying to find out. 25 investigation. EFTA00064315  21 22 1 MR. Okay. 1 MR. 2 MR. N'DIAYE: From that. I thought you 2 MR. N'DIAYE: This is not -- 3 were referring to the actual suicide. This is 3 MR. -- sent this to you. So, 4 4 he is saying -- 5 MR. No. What I meant was -- 5 MR. N'DIAYE: -- yeah, this thing. 6 MR. N'DIAYE: -- this is -. 6 MR. : -- "see below -- 7 MR. -- just the information 7 MR. N'DIAYE: Right. 8 that was all ut in there, as far as -- 8 MR. : -- just ensure you know." 9 MR. : This was his first attempt. 9 MR. N'DIAYE: so, this is compiled off of 10 MR. -- well, it's everything. 10 several different documents -- 11 So, so, it starts July 23rd. The next one is 11 MR. : Okay. 12 July 29th. And it goes 8/9/2019. And then, 12 MR. N'DIAYE: -- which he condensed. 13 and then, until -. So, it's only - there is 13 MR. : So -- 14 only a few. That's why I was going to read it, 14 MR. N'DIAYE: From -. 15 just because there is only, like, three 15 MR. : -- he sent it to you. 16 paragraphs, four or five, four or five 16 I'm sorry. I read that incorrectly. So, 17 paragraphs. 17 looking at this, then, let's just review it and 18 MR. N'DIAYE: So, this looks to me like we 18 make each point, just make sure that it's what 19 send the information to the regional director - 19 you understand. It says, "On July 23rd, 2019, 20 20 Epstein was found in a fetal position in cell, 21 MR. Mm-hmm. 21 breathing, but would not acknowledge staff 22 MR. N'DIAYE: -- and what he did was, 22 initially." 23 compile this information to send to DOJ. 23 MR. N'DIAYE: Right. 24 MR. : Okay. Oh, you're right. 24 MR. : "After removed, he 25 MR. N'DIAYE: Yeah. 25 interacted with staff and speaking to staff. 23 24 1 Neck was red. Placed on suicide watch, and 1 2019. It starts with, "8:00 a.m., inmate 2 medical evaluation. Epstein receive daily 2 reg number 85993-054 departs for 3 psychological evaluations while on suicide 3 court. WAB-USMS-SDNY. is Epstein's 4 watch." Was that your recollection, too? 4 cellmate." 5 MR. N'DIAYE: Yeah. That is what is in 5 MR. N'DIAYE: Right. 6 the report. But I want to -- 6 MR. : So, just starting with 7 MR. : Sure. 7 that, then, I do have, we're going to get into 8 MR. N'DIAYE: -- clarify what we went -. 8 that later, but what does that tell you, if it 9 You know, when I, when you first read it to me 9 says inmate is departing for court, but 10 10 it also says WAB-USMS-SDNY? 11 MR. Mm-hmm. 11 MR. N'DIAYE: So, that would mean With All 12 MR. N'DIAYE: -- I thought you meant the 12 Belongings. 13 day of. 13 MR. : So, that means he's not 14 MR. Yup, yup. 14 returning. Correct? 15 MR. N'DIAYE: So -- 15 MR. N'DIAYE: Yes. 16 MR. Well, we have that, too. 16 MR. : All right. So, at 8:00 17 That's -- 17 a.m., is actually leaving, not 18 MR. N'DIAYE: Right. 18 coming back to the MCC. 19 MR. : -- that one is here. And 19 MR. N'DIAYE: Mm-hmm. 20 this one is from you, and this is what I 20 MR. : All right. Great. And 21 thought it was starting with, as well. 21 then, it just goes on from there, what happens 22 MR. N'DIAYE: Right. 22 throughout that day. And we're going to get 23 MR. : Because it said timeline 23 into these things more in detail, so I don't 24 on it. From you to Mr. . This initial 24 want to go through each thing, because we're 25 one actually talks about Friday, August 9th, 25 going to have to get into it later. But so, EFTA00064316  25 26 1 this information is stuff that you guys were 1 MR. N'DIAYE: This can't be -. This 2 ing, and you were providing to Mr. 2 doesn't make -. I don't know. Because it 3 4 ailMR. N'DIAYE: That would probably be 3 says, "PIO notified of incident by the warden." 4 I was off that day, on Friday. I wasn't at 5 information that we sent up to him. 5 work. 6 MR. : Okay. Great. And then, 6 MR. : Yeah. So, that's why I 7 this is all the updates that occurred 7 think that they -. So, the next one I'm 8 afterwards. Let's see. Why is that 8 looking at shows that that point is now under 9 highlighted? So, here is something. Do you 9 Saturday, August 10th. 10 know why in this one, it would be updated? 10 MR. N'DIAYE: Yeah. I don't know why it 11 This one is 7:00 p.m., 7:00 p.m., and then, 11 would be -- 12 "7:32 a.m., PIO notified of incident by the 12 MR. So -- 13 warden." Is that just, put that in the wrong 13 MR. N'DIAYE: -- under Friday, because I 14 place or something, and it says, "Inmate IIIII 14 wasn't -- 15 released from court." 15 MR. -- yeah. Okay. 16 MR. N'DIAYE: (Indiscernible *00:16:27). 16 MR. N'DIAYE: -- I wasn't working. 17 MR. : (Indiscernible *00:16:30) 17 MR. So, you were actually off 18 just in the wrong spot. It was made for August 18 19 10th. 19 MR. N'DIAYE: I was off -- 20 MR. N'DIAYE: Mm-hmm. (Indiscernible 20 MR. -- off on August 9th? 21 *00:16:34). 21 MR. N'DIAYE: -- on Friday. Yes. 22 MR. Yeah. Okay. So, the 22 MR. All right. You and 23 next one, that is the big discrepancy here. It 23 everyone else. 24 just shows the next update, you have that under 24 MR. N'DIAYE: Huh? 25 August - or Saturday - August 10th. 25 MR. Everybody was off that 27 28 1 day. 1 MR. And yeah. 2 MR. N'DIAYE: Yeah. I didn't come back to 2 MR. N'DIAYE: -- of whether it was 3 work until, when I got called, there was a 3 accurate, but typically, the last one that you 4 suicide aiiiiiiiiiiiscernible *00:17:28). 4 send usually, you know, if you have to make 5 MR. : Okay. So, all of this. 5 corrections, you make the corrections. And 6 So, if I can have that back, if you don't mind. 6 information if ou have to. 7 So, all of this. All right. Is it safe to 7 MR. : Sure. Okay. Great. 8 assume that, as this went on, and specifically, 8 When I show you things, it's not attesting to 9 the last one that we have is Tuesday, August 9 it, but -- 10 13th, 2019. The Tuesday 13th, August 13th, 10 MR. N'DIAYE: Mm-hmm. 11 would be the most accurate timeline? 11 MR. : I'm going to ask you 12 MR. N'DIAYE: It should be, but I don't 12 just to initial and date, and that's just to 13 want to attest to it. I mean -- 13 say, specifically, that this is the document we 14 MR. : Yeah, yeah. 14 looked at, and when we spoke. It is absolutely 15 MR. N'DIAYE: -- yeah. 15 not attesting to it. 16 MR. : I'm just saying, based - 16 MR. N'DIAYE: Mm-hmm. 17 is there any reason for you to believe that the 17 MR. It's not saying that this 18 timelines that were provided, or in any way, it 18 stuff is accurate. 19 was determined that, you know, we should add a 19 MR. N'DIAYE: And so, I write the date -- 20 point that actually didn't occur? Or is it 20 MR. If you could -- 21 safe to assume that, the last one that was sent 21 MR. N'DIAYE: -- and put reviewed on it, 22 would be the most accurate one? 22 or -? 23 MR. N'DIAYE: That's how it typically 23 MR. nope. lust your 24 works. At, you know, but I can't, I can't 24 initial and date. I'm just going to do this 25 attest to it -- 25 last one, just the top of it. I'm not going to EFTA00064317  29 30 1 have you do every single one. And I'm going to 1 altercation, or I believe if it was an attempt 2 put this in a pile, back in a paper clip, and 2 at suicide. 3 I'm going to hand it to my friend over here. 3 MR. : All right. So -- 4 MR. N'DIAYE: What's the date? The 18th? 4 MR. N'DIAYE: Yeah. 5 MR. : 27th. 5 MR. : -- so, something happened 6 MR. N'DIAYE: 27th. 6 on the July 23rd -- 7 MR. 10/27/21. 7 MR. N'DIAYE: Something happened -- 8 MR. : Thank you, sir, for 8 MR. : -- where Mr. -- 9 initialing and dating that. All right. I'm 9 MR. N'DIAYE: -- in his cell. 10 going to just actually, because it's the 10 MR. : -- Epstein was found 11 timeline, I'm going to keep it in front of me 11 with, like, a - was it a noose around his neck? 12 because we might have to reference it. 12 MR. N'DIAYE: It wasn't determined. It 13 MR. : I can tell -- 13 was, you know, that he was laying in his cell, 14 MR. : All right. 14 but I don't recall the specifics of the report. 15 MR. -- this is going to be a long- 15 But I know it went back and forth where there 16 ass interview. 16 was a suicide attempt, or an issue with inmate 17 MR. : It's going to be pretty 17 18 long. That's where I was trying to -- 18 MR. 19 MR. : Yeah. Just -. 19 MR. N'DIAYE: -- with - yeah - 20 MR. : -- you know? All right. 20 Yeah. 21 So, July 23rd incident. That was, what do you 21 MR. : All right. So, these are 22 recall what happened on July 23rd with inmate 22 emails that we reviewed with regard -- 23 and Mr. Epstein? Do you recall? 23 MR. N'DIAYE: Mm-hmm. 24 MR. N'DIAYE: I recall the investigation 24 MR. : -- to that incident. 25 that couldn't determine if they had an 25 MR. N'DIAYE: Mm-hmm. 31 32 1 MR. So, this one is 1 "From the memo attached, the information I 2 lacifically from, it says 2 received is not what I was told happened." 3 IIIII. Was that -- 3 MR. N'DIAYE: Right. 4 MR. N'DIAYE: Yeah. 4 MR. : So, what I wanted to know 5 MR. : -- your AW? 5 is, and I guess, would you like me just to 6 MR. N'DIAYE: That is the AW. 6 refresh your memory, to really quickly read 7 MR. : Send it to you? 7 what she said happened, so we can figure out 8 MR. N'DIAYE: Right. 8 what it is that didn't happen? 9 MR. And this is a memo from, 9 MR. N'DIAYE: Okay. Yeah. 10 it says Mr. is the 10 MR. : All right. So, this is 11 operations lieutenant. 11 subject, "Possible suicide attempt." Again, 12 MR. N'DIAYE: Yeah. Lieutenant. She's a 12 July 23rd, 2019. It says, "On July -". Let me 13 female. 13 just sit back so you can just kind of read 14 MR. : Right. This is where I 14 along with me. Would you mind if I sit next to 15 wanted to ask you if you knew -- 15 you? 16 MR. N'DIAYE: Mm-hmm. 16 MR. N'DIAYE: No. No problem. 17 MR. : -- about this. It 17 MR. : I'm vaccinated, just so 18 specifically says, so, it was original.. 18 you know. It says, "On July 23rd, 2019, at 19 uess, sent from Captain to AW 19 approximately 1:27 a.m., a call for assistance 20 20 on the Special Housing Unit was announced by 21 MR. N'DIAYE: Mm-hmm. 21 the control center. Upon my arrival, I was 22 MR. -- from to 22 informed that an inmate had attempted suicide 23 you. 23 and proceeded to cell ZOS-124LAD. I observed 24 MR. N'DIAYE: Mm-hmm. 24 inmate Epstein, Jeffrey, number 76318-054, 25 MR. And her note to you says, 25 lying in the fetal position on the floor of his EFTA00064318  33 34 1 cell, wearing a t-shirt and boxers. 1 down on the bed, and directed him to cease his 2 He was breathing heavily, and was snoring. 2 action or he would be placed in restraints for 3 I called out to inmate Epstein and observed him 3 his safety. 4 flicker his eyes, and continued snoring. His 4 At that moment, he stated, 'Okay. I won't 5 neck was red with no abrasions. I observed no 5 do it again.' And gave the thumbs up. Because 6 further injuries to his person. An attempt was 6 of his unpredictable behavior, the decision was 7 made to get the inmate to stand on his own, 7 made to have the staff member observe inmate 8 with negative results. The inmate was placed 8 Epstein. I had left HA-Unit in order to make 9 in hand restraints, and staff was directed to 9 staff notifications. Moments later, I spoke 10 retrieve the stretcher. 10 with Officer , who stated that Inmate 11 As inmate Epstein was being placed on the 11 Epstein was alert and had indicated that his 12 stretcher by responding staff, he would open 12 cellmate, , number 78514- 13 his eyes and observe staff. When staff made 13 054, had attempted to kill him, and had been 14 eye contact with him, he would hurriedly shut 14 harassing him. 15 his eyes. The inmate was taken to HA-Unit." 15 He stated that the inmate had indicated 16 Was it that? The health care? 16 that he had informed his attorney of this 17 MR. N'DIAYE: Health. Health Services. 17 matter. I photographed and spoke with inmate 18 MR. : "Dressed in a suicide 18 , who stated that he was 19 smock, and placed on suicide watch. While 19 asleep with his headphones on when he felt 20 awaiting the arrival of an inmate companion, 20 something hit his legs, and said, 'IIII. What 21 inmate Epstein sat on the IIII of the bed and 21 are you doing?' He didn't answer. So, he got 22 began moving forward, as if was attempting to 22 up, turned on the light," or - so, yeah - "He 23 fall over, head first. When I looked away, he 23 got up, turned on the light, and saw him with a 24 straightened up. As I turned to look at him 24 string around his neck. 25 again, he attempted the same act. I laid him 25 He stated that he then called the guards, 35 36 1 and the ran down. Upon further questioning, 1 Officer, that N-I-G-G-E-R, hobbit 2 inmate stated that he sleeps on the 2 motherfucker.' He then turned to a page in the 3 bottom bunk, but gave it to inmate Epstein 3 daily news that had his picture on it, and 4 because he's old. He stated that he sleeps on 4 stated that Epstein was worth 77 million 5 the floor, on a mattress. He stated that, when 5 dollars. 6 he got up, he couldn't remember if he sat up or 6 Epstein then stated that he took his 7 stood up to check on Epstein. He stated that 7 picture, balled it up, and threw it in the 8 Epstein was sitting on the floor, leaning to 8 garbage. I asked inmate Epstein what happened 9 the side, with his eyes opened, but wasn't 9 prior to staffs arrival. He stated that at 10 responding. 10 approximately 1:00 a.m., he had gotten up to 11 He stated that the last time he saw him, 11 get a drink of water, as he gets up every 30 12 he was snoring really loud. Inmate Epstein 12 minutes. He remembered walking back to his 13 stated that he comes in from a legal visit at 13 bunk, and waking up with staff there, in his 14 approximately 8:00 p.m., and staff handed him a 14 cell. I asked if he had waken up and seen 15 copy of the daily news. was on the floor 15 staff, why didn't he respond when we were 16 reading the daily news. He stated that he had 16 calling out to him. 17 given it to him. He stated that 17 He stated that he only remembered hearing 18 mentioned that he had been in court all day, in 18 himself making a noise like snoring. When 19 Westchester (Phonetic Sp. *00:25:00), and was 19 asked about the allegations against his 20 carrying on. 20 cellmate, he stated that he was told if he hurt 21 At that point, inmate paused, 21 him, staff wouldn't care. Duty medical doctor 22 as if he was making the stor u as he went 22 -" how do you pronounce that name? 23 along, and stated that stated, 23 MR. N'DIAYE: 24 'These fucking N-I-G-G-E-R-S. This place is 24 MR. . "Was 25 inhumane. I wish I could report it. 25 notified and briefed. It was determined that EFTA00064319  37 38 1 no further medical attention was needed. A 1 Epstein and having an issue in his 2 medical assessment was not conducted at the 2 cell. 3 time of this incident, due to the fact there 3 MR. And what, and my 4 was no medical staff available after 10:00 p.m. 4 understanding is that SIS came up with 5 Upon their arrival of medical staff, inmate 5 inconclusive findings. 6 Epstein was examined and treated by M-L-P-Y." 6 MR. N'DIAYE: In the investigation. 7 MR. N'DIAYE: 7 MR. What is your belief that 8 MR. 8 happened? 9 "For a circular line of arrythmia, at the base 9 MR. N'DIAYE: I can't speculate. 10 of his neck. One section on the front, with 10 MR. : You don't -. 11 marks of friction, and a small arrythmia on his 11 MR. N'DIAYE: I don't want -. I mean, I 12 left knee." So, sorry that that was so 12 don't know, you know, with the injuries on the 13 lengthy. But so, again, the question would be, 13 neck, I don't know if it was a suicide, and I 14 is this, does anything in here strike you as 14 don't know, based on Epstein's statement, that 15 inaccurate? 15 was something done to him. So, couldn't prove 16 MR. N'DIAYE: No. 16 what it was. 17 MR. : So, when 17 MR. : Okay. And is it, is 18 says that in the attached memo, "The 18 there any reason for us to know or believe that 19 information I received is not what I was told 19 it was one or the other, though? I know you 20 happened." Do you know what she is referring 20 are trying not to speculate, but -. 21 to? 21 MR. N'DIAYE: I mean, I would, you know, 22 MR. N'DIAYE: I think she - if I recall - 22 you have there be the medical department, who 23 that she told, that said that it was an 23 did an assessment, and, you know, typically, 24 attempted suicide, but then she got any 24 you could say you come to a conclusion from 25 additional information that it might have been 25 injuries, from physical injuries, but we 39 40 1 weren't even able to do that. 1 other -- 2 MR. : So, according to the 2 MR. Sure. 3 medical assessment, your understanding is that 3 MR. N'DIAYE: -- conclusions could have 4 they weren't able to tell if someone -? 4 been drawn from it. 5 MR. N'DIAYE: That, from what I - if I can 5 MR. : And what happened with 6 - and I don't know - I read it - but I don't 6 inmate Epstein after July 23rd? Or on July 7 know -. I remember on the report, they were 7 23rd. 8 unable to conclude what would, you know, what, 8 MR. N'DIAYE: I don't specifically 9 what -. Did he attempt suicide, or was he 9 remember what happened. I know we separated 10 assaulted? 10 the both of them. He wasn't - and then, I know 11 MR. : And were you satisfied 11 he was on suicide watch. They placed him on a 12 with that response, or did you think that they 12 watch. And then had psychology talk to him. 13 missed something? 13 MR. : Okay. So, just so, that 14 MR. N'DIAYE: I think they looked into it. 14 is just so you know, if you don't mind just 15 And I think it was, you know, you couldn't look 15 initialing and dating that one, that we just 16 into it an further. I mean, either -- 16 read. Ok2y, So, this next one is from 17 MR. : Okay. 17 Charisma IIII to a 18 MR. N'DIAYE: -- it was a suicide, or it 18 (Phonetic Sp. *00:30:05). 19 was assault_i)slie separated them. 19 MR. N'DIAYE: She's a psychologist. 20 MR. IIIIIIIIII: Okay. But there is -. 20 MR. : Okay. And then, with 21 So, it didn't say, like, keep digging, or you 21 UCC. 22 weren't, you know -? 22 MR. N'DIAYE: Right. 23 MR. N'DIAYE: I mean, they interviewed 23 MR. : It says, "SW, 24 them. They asked the questions. You had the 24 chronological log, re: Epstein." It says, 25 medical assessment. So, I don't know what 25 "C.O. was assigned to staff watch. EFTA00064320  41 42 1 However, the wrong book was used. I am 1 he would have been - his title is material 2 companion log, in lieu of staff suicide watch 2 handler. 3 log." 3 MR. : Okay. So, you don't 4 MR. N'DIAYE: Mm-hmm. 4 believe it was actually Michael Thomas? 5 MR. : Was that something 5 MR. N'DIAYE: No. I think it was the 6 normal? Was that an easy mistake? 6 officer. 7 MR. N'DIAYE: yeah, I could see it 7 MR. It was Mr. Michael 8 happening because we have a log that the 8 Thomas. Just from our records and from 9 inmate, you have an inmate companions that 9 speaking 10 watch inmates. So, they use the log. And 10 MR. N'DIAYE: Okay. 11 then, you have, if staff are going to sit on 11 MR. -- with Mr. Thomas. 12 someone, then they use a certain log. But the 12 MR. N'DIAYE: Can I see the log 13 fact that, you know, the documentation took 13 MR. Sure. 14 place, it was just, you know, it was just an 14 MR. N'DIAYE: -- how he opened the log? 15 error. 15 MR. That is correct, right, 16 MR. : Okay. 16 17 MR. N'DIAYE: But they did document, so. 17 MR. N'DIAYE: Where does it show that he 18 MR. : Now, C.O. . Is 18 started his shift? Because usually, when you 19 this Michael Thomas that you, are aware? 19 come on stifl,_ypy_write -- 20 MR. N'DIAYE: I had two . I don't 20 MR. I