Two federal corrections officers who were on duty the night of Jeffrey Epstein's death have reportedly been arrested. [Updates below].
The Times reports that both Bureau of Prisons guards have been taken into custody and are expected to appear Tuesday morning in a Manhattan federal court. They face charges of fabricating prison records, after allegedly falling asleep for hours while they were supposed to be monitoring the high-profile prisoner, according to sources.
A plea deal offered by federal prosecutors was rejected by the two guards, sources told the Associated Press last week. The deal was reportedly contingent on the guards admitting that they'd falsified the prison log entries.
Epstein, who was awaiting trial on federal sex trafficking charges related to his alleged oversight of a "sexual pyramid scheme" involving minors, was found dead in his cell at the Metropolitan Correctional Center on August 10th. The city's medical examiner ruled that he'd committed suicide by hanging himself.
The 66-year-old financier was placed on suicide watch for six days after he was found in his cell with allegedly self-inflicted bruising on his neck on July 23rd. He was taken off suicide watch on July 29th by a "doctoral level psychologist," the Justice Department later stated, and moved to a special housing unit. Under Bureau of Prisons protocol, in that unit he should have been left with a cellmate and subject to regular check-ins from guards every 30 minutes, though that did not happen.
Attorney General William Barr cited “serious irregularities” at the Manhattan facility, which has long been plagued by staffing shortages and other issues. As many as 20 correctional staffers were subpoenaed in the wake of the death.
A spokesperson for the U.S. Attorney's Office in the Southern District did not immediately respond to Gothamist's inquiries.
UPDATE 11:30 a.m.: Federal prosecutors have charged Michael Thomas, 41, and Tova Noel, 33, with conspiring to defraud the United States and conspiracy to make false records. According to an unsealed indictment, the two prison guards "repeatedly failed" to conduct mandated head counts on the night of Epstein's death.
"Instead, for a substantial portion of their shifts, Noel and Thomas sat at their desk, browsed the internet, and moved around the common area of the [Specialized Housing Unit]," the indictment alleges. The unit's detainees allegedly were not counted a single time between 10:30 p.m. on August 9th and 6:30 a.m. the following day, when Epstein was found dead.
Each charges carries a maximum penalty of five years in prison. Lawyers for the two guards could not immediately be reached for comment.
UPDATE 5:00 p.m.: Both defendants pled not guilty and have been released on $100,000 bail. They're due in court again next Monday, on November 25th.
Additional reporting by Erin Woo.
