Federal prosecutors said in a court filing on Friday that two jail guards charged with ignoring their duties the night Jeffrey Epstein killed himself and then lying about it have reached an arrangement that could end the criminal case against them.The guards, Michael Thomas and Tova Noel, were accused of surfing the internet and napping instead of checking on Mr. Epstein every half-hour as needed the night before he was found dead in his federal jail cell in Manhattan. Mr. Epstein, a rich financier, hanged himself while awaiting trial on sex trafficking charges.
Mr. Thomas and Ms. Noel allegedly falsified official logs to show that they had made their requisite rounds while they were simply checking sports news, shopping for furniture online, and dozing off after failing to do their work, according to prosecutors.Both guards had pleaded not guilty to charges of falsifying documents and conspiring to defraud the US. They acknowledged that they had “willfully and intentionally completed materially misleading” reports of their actions as part of deferred prosecution agreements.
The deals must also be approved by the federal judge hearing the case, and usually spare defendants from criminal charges if they follow through with their promises.In addition to 100 hours of community service each, Mr. Thomas and Ms. Noel agreed to help Justice Department investigators looking into the circumstances surrounding Mr. Epstein’s death, which was attributed to “a perfect storm of screw-ups” by then-US Attorney General William P. Barr.
The case is being prosecuted by the United States Attorney’s Office in Manhattan, and a spokesperson for the office refused to comment on the agreements.Mr. Epstein, 66, had been in prison for over a month when he was discovered dead in his cell early on August 10, 2019. He had also been convicted of sex crimes and had pleaded not guilty to the new charges. He could face up to 45 years in jail if convicted.The Metropolitan Correctional Center, where Mr. Epstein committed suicide, has long been troubled by staff shortages and other issues. Mr. Thomas’ and Ms. Noel’s attorneys claimed that their clients were being made scapegoats for broader issues at the facility and in the federal prison system as a whole.
Both guards had worked multiple extra shifts the week Mr. Epstein killed himself, according to their lawyers. In addition, despite a previous suicide attempt about three weeks before, he was left alone without a cellmate on the night in question and the next morning.After the charges were revealed, Ms. Noel’s lawyer, Jason E. Foy, said that he believes “outside conditions are driving this case.” Mr. Epstein died “because of a system that collapsed completely,” according to Mr. Thomas’s lawyer, Montell Figgins.
Mr. Figgins said on Friday that his client was “very happy” with the outcome of the case.
Mr. Figgins said, “The silver lining to this incident is that it has brought attention to problems with the criminal justice system and how it can be changed for everyone involved.” “Will incarcerating a war veteran who has served his whole life and has a family to help favor society?”“If someone wants to look at this specific situation and suggest the sentence in this case is too light, I would ask them if they have ever made a mistake in their job,” he added.
