The Charges
In November 2019, federal prosecutors charged MCC guards Tova Noel and Michael Thomas with falsifying prison records and lying to investigators. The indictment alleged they had failed to conduct required 30-minute checks on Epstein on the night of August 9-10, 2019.
What the Guards Were Doing
According to the indictment, Noel and Thomas spent time browsing the internet, sleeping, and moving around the unit during the period when checks on Epstein were supposed to occur. They allegedly falsified records to show checks had been completed when they had not.
The Defense
Both guards maintained they were not adequately staffed and had been pressured to work exhausting hours. The prison was chronically understaffed. Their attorneys argued they were being scapegoated for systemic failures.
Deferred Prosecution
In 2021, federal prosecutors moved to drop the charges under a deferred prosecution agreement. The case would be dismissed if the guards completed community service and cooperated with the government’s investigation.
Controversy
The charging and subsequent dropping of charges against the guards without any trial left many questions unanswered about what actually happened in the hours before Epstein’s death.