Jeffrey Epstein was found dead on August 10, 2019, hanged in his jail cell. Intense speculation has surrounded his death. Twitter has been a raging fire with trending hashtags such as #JeffreyEpsteinSuicide and #JeffreyEpsteinMurder. Social media feeds are full of debates on this topic. This article explains the many mistakes his jailers made and demonstrates how those errors fuel conspiracy theory speculators who believe Epstein was murdered to prevent disclosures of what he knew about rich and powerful men having sex with pubescent minor females.
It is criminal, scandalous and reprehensible for adult men to have sexual relations with minor females. I have represented a number of sexual abuse victims over the years. The effects are devastating and long-lasting. Because we all intuitively understand this, the public enters the Epstein debate knowing that anyone identified by Epstein as involved in sex with minors would be destroyed. As well, Epstein’s known personal and professional contacts are extraordinarily powerful men, who if implicated, would be susceptible to public contempt, civil lawsuits, and criminal indictments. These powerful men have a lot to lose. Now, the key figure, a man who could implicate many powerful men in this reprehensible conduct, is dead. These powerful men have collectively released a huge sigh of relief. Did one or more of them kill Epstein? Let’s consider the facts.
At the time of his death, Jeffrey Epstein was detained in the Metropolitan Correctional Center, New York (MCC New York). Located in Manhattan, this facility is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.[1] The MCC New York is an Administrative facility designed to detain pretrial offenders at all security levels.[2]
On July 23, 2019, eighteen days prior to his death, Epstein appeared to have attempted suicide when he was found semi-conscious, in a fetal position with marks on his neck.[3] Various media sources speculated about the causes, but generally agreed that he may have attempted suicide. There are no indications officials with the Department of Justice, the Federal Bureau of Prisons, or MCC New York believed otherwise. As a result, he was placed on suicide watch.
The Code of Federal Regulations governs how the Federal Bureau of Prisons maintains custody of its inmates.[4] In particular, 28 C.F.R. § 552.42, titled “Suicide watch conditions,” addresses how a facility such as MCC New York was supposed to treat Epstein. The regulation states:
- (a) Housing. Each institution must have one or more rooms designated specifically for housing an inmate on suicide watch. The designated room must allow staff to maintain adequate control of the inmate without compromising the ability to observe and protect the inmate.
- (b) Observation.
- (1) Staff or trained inmate observers operating in scheduled shifts are responsible for keeping the inmate under constant observation.
- (2) Only the Warden may authorize the use of inmate observers.
- (3) Inmate observers are considered to be on an institution work assignment when they are on their scheduled shift.
- (c) Suicide watch log. Observers are to document significant observed behavior in a log book.
- (d) Termination. Based upon clinical findings, the Program Coordinator or designee will:
- (1) Remove the inmate from suicide watch when the inmate is no longer at imminent risk for suicide, or
- (2) Arrange for the inmate’s transfer to a medical referral center or health care facility.
It has been reported that six days after his suspected suicide attempt, he was moved into a Special Housing Unit; 12 days later, he was found dead.[5]
To have been removed from the watch, the “Program Coordinator” must have determined that Epstein was not an imminent risk for suicide. The Wall Street Journal reported on August 12 that he was taken off the watch after a psychological evaluation(s) and at the request of his attorneys.[6] After Mr. Epstein was removed from suicide watch, he was downgraded to “special observation status” . . .[7]
Each suicide watch program has a Program Coordinator responsible for all aspects of prisoner observation, evaluation and treatment, including psychological evaluations.[8] The Program Coordinator is generally a doctoral level psychologist.[9] “Upon completion of the clinical assessment, the Program Coordinator or designee will determine the appropriate intervention that best meets the needs of the inmate.”[10] Thus, the Program Coordinator must have downgraded Epstein’s status to “special observation status,” also known as “Mental Health Special Observation Status” (MHSOS). MHSOS is:
A level of increased monitoring, special housing, mental health and other interventions used as step-down from suicide watch status when an inmate is assessed as no longer presenting an imminent risk of suicide and/or crisis care for inmates experiencing mental health crisis or other mental health condition requiring a temporary increase in level of mental health care. Inmates placed on MHSOS require physical checks and documentation of the watch at irregular intervals not to exceed thirty (30) minutes by security staff, and daily contact by mental health staff, excluding weekends and holidays.[11]
MHSOS can only be implemented “after a face-to-face mental health assessment of an inmate patient.”[12]
The question becomes whether the psychologist who performed the mental health assessment was properly qualified, whether the assessment was appropriate for the situation, and whether the assessment was properly administered? Put another way, did a real psychologist assess the situation in an appropriate manner? Was it proper to place Epstein in MHSOS?
Another significant issue with the step-down from the suicide watch is whether his attorneys attempted to influence the process. Such improper influence should have been rejected. The implication of improper influence also gives support to those who believe Epstein was murdered. Until these critical questions are answered, speculation as to the cause of Epstein’s death will continue.
Alarmingly, there are other very bad facts. News reports claim (1) one of his two guards was not a qualified corrections officer, (2) the guards had not checked on Epstein for hours before they found him dead, and (3) union officials claim the jail was understaffed with over-worked guards. These revelations have stoked conspiracy theories.[13]
I reject the excuse that one of the guards was not a qualified corrections officer. This assertion implies that the guards required special training to peek in a window every 30 minutes to check on Epstein. Each of us is immediately qualified to peek into a window, and the so-called special training required is not that extensive.[14] Most importantly, trained or not, the MCC New York freely admits that no one was checking on Epstein. So, it is complete nonsense to suggest lack of training was an issue. The issue was that no one was checking on Epstein.
The next excuse offered is that the jail was understaffed and the guards over-worked. The reporting suggested the five days of overtime worked by one of the guards explains the jail’s failures. Tens of millions of Americans work this much overtime every week. Personally, I routinely log 60-hour weeks. We all know this is complete balderdash. There is nothing short of malfeasance or gross negligence that would explain how an inmate as high-profile as Epstein could be left alone. How was this allowed to happen? Who “dropped” the ball? Until the mysterious absence of guards is explained, those who believe there was foul play have every right to question what happened.
Another inexcusable oversight was to remove Epstein’s cellmate without finding a replacement. I strongly suspect the Program Coordinator required that Epstein have a roommate simply to have someone to sound the alarm should he attempt suicide. No matter the decision process, the Program Coordinator should have written findings that explain Epstein’s treatment at the time of his death. Those findings will enlighten us.
Finally, how was it that a man, who only 18 days prior, was suspected to have attempted suicide was left alone in a prison cell with a bedsheet? My research did not uncover specific guidelines about what a person on special observation status should be permitted in the way of bedding. But statistics indicate that hanging oneself with a bedsheet is the most common way to commit suicide in jail.[15] Knowing this, why did the Program Coordinator not take precautions short of a suicide watch? Many commercial options to prevent suicide by bedding are available.[16]
Based upon my research and the analysis above, it is easy to suspect Epstein was murdered. Here are three possible scenarios:
Scenario 1.
- On July 23rd, Epstein did not attempt suicide. Instead, he was attacked by someone.
- The Program Coordinator examined Epstein and concluded he was not suicidal, but to err on the side of caution placed him in the Special Housing Unit where prison personnel would check on him every 30 minutes and where he could be with a roommate.
- Undeterred by the heightened security, the murderer arranged for Epstein’s cellmate to be released early, distracted the guards and murdered Epstein.
Scenario 2.
- On July 23rd, Epstein did attempt suicide.
- After six days, he appeared to have improved and was moved to the Special Housing Unit.
- A person on the inside (friend of foe) slipped Epstein a sheet hoping he would use it to kill himself.
- Epstein did.
Scenario 3.
- This is the same as Scenario 2, but instead of a friend on the inside, everyone involved dropped the ball such that Epstein was suicidal, was inadequately evaluated, inadvertently given a sheet and used it to kill himself.
My
conclusion is that Scenarios 1 and 2 are implausible. So, even if someone on the outside wanted to
kill Epstein, it would be practically impossible to bribe and threaten enough
people to achieve either scenario. MCC
New York is not a movie set. Instead, the simplest explanation is incompetence. Whoever gave Epstein a sheet and put him in a
cell where he could kill himself completely screwed up. It is a sad commentary about our government.
Epstein most likely killed
himself.
[1] https://www.bop.gov/locations/list.jsp?security=Administrative&sort=&addAlphabet=false&sortDescending=false
[3] https://www.nbcnews.com/news/us-news/jeffrey-epstein-shows-no-sign-injury-following-possible-suicide-attempt-n1037226
[4] 28 C.F.R. § 552 (2007)
[5] https://www.nytimes.com/2019/08/10/nyregion/jeffrey-epstein-suicide.html?searchResultPosition=7
[6] https://www.wsj.com/articles/there-were-serious-irregularities-at-federal-jail-where-jeffrey-epstein-died-barr-says-11565622895 (Emphasis added).
[7] Id.
[8] 28 C.F.R. § 552 (2007). Note, the Program Coordinator need not be a psychologist, but a psychologist must perform the evaluation.
[9] U.S. Department of Justice Program Statement No. P5324.08, p. 3.
[10] Id.
[11] 67-MNH-32 Ohio Department of Rehabilitation and Correction.
[12] Id.
[13] https://www.nytimes.com/2019/08/12/nyregion/epstein-barr.html
[14] Suicide prevention training is to occur annually and includes education in identifying suicide risks, recognition of suicidal behavior, how to respond to suicide emergencies and how to contact the program coordinator. U.S. Department of Justice Program Statement No. P5324.08.
[15] Ninety-three percent of the victims used hanging as the method. Sixty-six percent of the victims used bedding as the instrument. National Study of Jail Suicide, U.S. Department of Justice, National Institute of Corrections (2010). https://s3.amazonaws.com/static.nicic.gov/Library/024308.pdf.
[16] https://www.bobbarker.com/blanket-suicide-prevention.html