Federal prison guards who slept during Jeffrey Epstein suicide could dodge jail time - New York Daily News

Two federal correctional officers accused of sleeping on the job and browsing the internet the night Jeffrey Epstein hanged himself will dodge jail time under a proposed deal with prosecutors.

Tova Noel and Michael Thomas will complete 100 hours of community service and be under pretrial supervision for six months under the deferred prosecution agreement, which requires a judge’s approval. Prosecutors notified the court of the deal in a Manhattan Federal Court filing late Friday.

Metropolitan Correctional Center guards Tova Noel (L) and Michael Thomas (R) leave Manhattan Federal Court Monday, Nov. 25, 2019 in the Manhattan, New York. (Barry Williams for New York Daily News)

“After a thorough investigation, and based on the facts of this case and the personal circumstances of the defendants, the Government has determined that the interests of justice will best be served by deferring prosecution in this District,” Assistant U.S. Attorney Jessica Lonergan wrote.

Under the deal, Noel and Thomas admit that they falsely filled out forms that they’d made rounds checking on inmates in the Special Housing Unit of the federal Metropolitan Correctional Center in lower Manhattan the night of Aug. 9, 2019 into the following morning. Noel and Thomas were captured on surveillance video neglecting their duties the night Epstein hanged himself.

The correctional officers will also cooperate with a Justice Department Inspector General probe into the Epstein debacle.

“I hope that this leads to a larger conversation about how the entire criminal justice system can be improved for all,” said Thomas’ lawyer, Montell Figgins. Noel’s lawyer did not respond to a request for comment.

The decision by prosecutors comes amid heightened scrutiny of MCC, which has faced criticism for harsh conditions during the coronavirus pandemic. Manhattan Federal Judge Colleen McMahon said last month that MCC and a Brooklyn federal jail are “run by morons.” She slammed MCC for constantly changing leadership as it reels from crisis to crisis – including the Epstein suicide.

Noel and Thomas had argued in court they were scapegoats for deep seated problems in the Bureau of Prisons. The charges against them further eroded morale among correctional officers at the understaffed jail.