After Epstein Death
Noel and Thomas Faced April
20 Trial Then Requested
October US Opposes
By Matthew
Russell Lee, Scoop
Patreon,
Scope
SDNY COURTHOUSE,
Jan 29 – After Jeffrey Epstein
reportedly committed suicide
in the Metropolitan
Correctional Center on
November 25 a trial date of
April 20 was set for two MCC
officers Tova Noel and Michael
Thomas by U.S. District Court
for the Southern District of
New York Judge Analisa Torres.
Afterward
Inner City Press asked Thomas'
lawyer Montel
Figgins if he
thought his
client is a
scapegoat.
Yes, Figgins
answered
quickly, in
the hall
outside the Courtroom
15D of 500 Pearl Street. He
said "the whole system had to
fail."
Inner City
Press asked Figgins about the
employment status of his
client. Figgins said for
Thomas, and presumably Tova
Noel whose lawyer Jason
Foy said
she could not long carry her
gun, termination had not
occurred due to the union.
On January
27 for Noel Foy requested a
postponement of trial until
October. Now the US Attorney's
office has opposed this: "the
requested six-month
adjournment is both
unnecessary and
unwarranted.
By way of background, as is
set forth in the Indictment,
the charges in this case
relate to a period of just
over 14 hours—from
approximately 4:00 p.m. on
August 9, 2019 to
approximately 6:30 a.m. the
following day, August 10,
2019. The Government has
made three discovery
productions—(1) the main
production on December 31,
2019; (2) a small supplemental
production on January 23,
2020; and (3) a reproduction
of video surveillance footage
with timestamps on January 24,
2020.1 While the
December 31, 2019 discovery
production consisted of a
large number of pages of
materials, many of those
materials were produced
principally in anticipation of
defense requests and to help
facilitate the very sort of
broader investigation the
defendants now claim they need
to undertake. For
example, the Government
produced MCC video
surveillance for a period of
longer than one month (July 5,
2019 to August 12, 2019);
count slips for nearly three
weeks (July 23, 2019 to August
14, 2019); thirty-minute round
reports for more than a month
(July 1, 2019 to August 10,
2019); and materials relating
to the events of July 23,
2019. Similarly, with
respect to defendant Noel, the
Government provided in
discovery to her only a report
from her cellphone, which
consists of more than 20,000
pages, very few of which, if
any, are relevant to the
pending charges." We'll have
more on this. And this:
Britain's Prince Andrew has
provided "zero cooperation" to
the SDNY on Jeffrey Epstein, U.S.
Attorney
Geoffrey S.
Bermansaid
Monday. "To date, Prince
Andrew has provided zero
cooperation," said Berman...
Inner
City Press
asks: if the
dead prisoner
were like most
of those kept
in the MCC,
would anyone
have been
charged? We'll
have more on
this. More on
Patreon here.
Back on
November 19 Inner City Press
found a dozen MCC officers
milling around on the 15th
floor, in Crisis Support Team
jackets. Inner City Press tweet.
At the
arraignment that day Noel's
lawyer Jason Foy asked that
she be allowed to keep her gun
for personal use. SDNY
Magistrate Judge Sarah
Netburn, who the day
previously has also cited the
safety of pre-trial services
officers, denied the request
saying that the PTS officers
will have to enforced the
conditions of release.
While
Thomas slipping out the
employees' entrance with a
jacket over his head, his
lawyer Montel Figgins to his
credit stood and delivered on
Worth Street, saying that
while many people make
mistakes at work they don't
all get charged and face jail
time. Inner City Press
Periscope video here.
We will continue to follow
this case.
From the
indictment: "On or about
August 10, 2019, TOVA NOEL and
MICHAEL THOMAS, the
defendants, in
dereliction of their duties
as as correctional
officers at the Metropolitan
Correctional Center ("MCC"),
repeatedly failed to perform
mandated counts of
prisoners under their
watch in the MCC's Special
Housing Unit ("SHU").
Instead, for substantial
portions of their shifts, NOEL
and THOMAS sat at their
desk, browsed the internet,
and moved around the
common area of the SHU. To
conceal their failure to
perform their duties, NOEL and
THOMAS repeatedly signed false
certifications attesting
to having conducted multiple
counts of inmates when, truth
and in fact, they never
conducted such counts. As a
result of those false
statements, the MCC believed
prisoners in the SHU were
being regularly monitored and
accounted for when, in fact,
as a result of the
defendants' conduct, no
correctional officer conducted
any count or round of the SHU
from approximately 10:30 p.m.
on August 9 until
approximately 6:30 a.m. on
August 10, at which time, as
alleged herein, NOEL and
THOMAS discovered the
body of an MCC inmate,
Jeffrey Epstein, who had
committed suicide
overnight while unobserved."
Inner City Press will have
more on this - it covered the
U.S. District Court for the
Southern District of New York
Magistrates Court on November
18, and also the courtroom of
SDNY Judge Torres, with it
lights on the blink.
Epstein's death
came eleven days after Inner
City Press exclusively reported
irregularities at the MCC
including Epstein then being
allowed to use without
supervision all day, every day
one of the only two legal
visit rooms for prisons in the
Special Housing Unit of the
MCC.
Now on
August 12 after the Daily
News' intrepid Stephen Brown
called District Judge Richard
Berman's chambers on behalf of
the SDNY Press Room requesting
comment and was told
that "Jeffrey Epstein's death
is a tragedy to everyone
involved in this case,"
several questions arise.
Will Judge
Berman, or another judge,
inquire not only what happened
in the hours before Epstein's
death, but also the days? Why
was Epstein allowed to spend
so much time presumably
outside of any MCC filming in
the legal meeting room? Was
what took place in there all
legal? We'll have more on
this.
Other defense lawyers
exclusively complained to
Inner City Press about not
being able to see on a timely
basis their clients in the
MCC. Now what will be done
about the MCC's (lack of)
supervision, including by U.S.
District Court for the
Southern District of New York
Judge Richard M. Berman?
Epstein had shifts of lawyers
purporting to meet with him
all day, in a room where the
other Criminal Justice Act
lawyers said Epstein had
access to the Internet. The
CJA lawyers had to wait up to
four hours to see their
clients.
"It's
outrageous," one of the
lawyers told Inner City Press.
"El Chapo is the only other
one who tried this, but he was
in a special unit so it didn't
impact the rest of us." More
on Patreon here.
Other
child sex defendants have
conditions that they cannot
use the Internet. They are
also supervised, especially
but not only when on suicide
watch. But with Epstein paying
lawyers to meet with him all
day in the MCC, he was allowed
to use the 'Net and presumably
more.
Inner City Press
will continue to cover this
and other SDNY and 2nd Circuit
cases - watch this site, and there is
more on
Patreon, here.
***
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