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III. Transfer of Epstein's Cellmate on August 9 to Another Institution and Failure to Replace Him with Another Inmate
A. Notice on August 8 of the Impending Transfer of Epstein's Cellmate on August 9
As noted above, since July 30, consistent with the Psychology Department's determination that Epstein needed to have a cellmate, Epstein had been housed with Inmate 3, whom the Warden and the Federal Bureau of Prisons (BOP) executive leadership had selected as an appropriate cellmate. At 10:33 a.m. on August 8, 2019, the U.S. Marshals Service (USMS) sent an email to MCC New York personnel assigned to Receiving and Discharge, the area within the Correctional Services Department that is responsible for processing inmates who enter or leave the facility, with the subject "Transfer of Prisoners from NYM [MCC New York] to GEO."32 The body of the email identified Inmate 3 as one of the prisoners to be transferred and further stated, "Please schedule the transfer for Friday 8/9/19."
At 3:36 p.m. on the same day, the USMS sent a second email to a number of MCC New York personnel, including Associate Warden 2, the Captain, the SHU Lieutenant, the Day Watch Operations Lieutenant, the Day Watch Activities Lieutenant, the Evening Watch Operations Lieutenant, another Lieutenant, and the Special Investigative Services Lieutenant, with the subject "Prisoner Production 08-09-2019." This email contained two attachments, one of which was the Prisoner Schedule Report for MCC New York for August 9, 2019. The first page of this attachment reflects that Inmate 3 was scheduled to be transferred from MCC New York to GEO (Queens Detention Facility) on August 9, 2019. This attachment also includes the acronym "WAB" within the Destination/Description portion of the document, which MCC New York personnel told the OIG means "with all belongings." During their OIG interviews, MCC New York staff members further explained that the "WAB" notation meant that Inmate 3 was being permanently removed from MCC New York on August 9, 2019. Notwithstanding this email, as detailed below, several of the email recipients identified above, including the Captain, the Day Watch Operations Lieutenant, and the Day Watch Activities Lieutenant told the OIG that they believed Inmate 3 had gone to court on August 9, and they did not know he had been transferred to another facility.
B. MCC New York Staff Reject Epstein Attorney's Request that Epstein be Housed Without a Cellmate
Forensic Psychologist 1 told the OIG that on August 9, 2019, she was present during a meeting in which one of Epstein's attorneys opposed Epstein having a cellmate. Forensic Psychologist 1 explained to the attorney that because Epstein was housed in the SHU and he was a sex offender, he needed to have a cellmate.
Additionally, the OIG investigation revealed that on the day of Epstein's death, a Supervisory Staff Attorney with the BOP's Consolidated Legal Center for New York, sent an email to the Warden to inform him that on the previous day (August 9, 2019), two of Epstein's attorneys separately contacted him. One of the attorneys asked for Epstein to be moved to a different, specific housing unit within MCC New York; the other attorney asked for Epstein to be housed without a cellmate in the SHU. The Supervisory Staff Attorney said he informed the first attorney that the suggested housing unit was not available for pretrial detainees such as
32 GEO refers to the Queens Detention Facility, a contract detention facility located in Queens, New York, that is managed by The GEO Group, Inc.