律师将看守杰弗里·爱泼斯坦的狱警的过失归咎于体制
Attorneys for Jeffrey Epstein's prison guards point the blame at the system
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2019-12-16 13:24
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火星译客

(CNN)Attorneys for the two prison guards charged Tuesday in relation to Jeffrey Epstein's death have sought to shift blame from their clients to broader problems with the prison.

(美国有线电视网报道)周二,两名狱警因涉嫌杰弗里·爱泼斯坦(Jeffrey Epstein)狱中自杀一案而遭到指控。为了帮助其当事人脱罪,辩护律师试图将责任转移到与监狱中存在的更广泛问题上。

Jason E. Foy, an attorney for prison guard Tova Noel, released a statement Wednesday that did not directly challenge the indictment's allegations that Noel and Michael Thomas had slept and browsed the internet when they were supposed to be checking on Jeffrey Epstein and other prisoners.

负责看守的狱警托瓦·诺埃尔(Tova Noel)的律师贾森·E·福伊(Jason E. Foy)并未直接反驳诉状中的指控,并于周三发表声明称其当事人与同事迈克尔·托马斯(Michael Thomas)玩忽职守,在本应巡视杰弗里·爱普斯坦和其他囚犯期间睡觉和上网。

Instead, Foy's statement noted the "notoriously difficult conditions" of the Metropolitan Correctional Center (MCC) in Manhattan.

福伊在声明中指出,曼哈顿大都会惩教中心(Metropolitan Correctional Center, MCC) 的“条件极其恶劣”。

"In fact, Ms. Noel remains available to fully and truthfully cooperate with the Inspector General's investigation, which is also geared toward uncovering the many problems that existed from the commencement of her employment which continue to plague the (MCC)," he added.

他补充说:“事实上,诺埃尔女士仍然可以完全本着真诚的态度配合监察长的调查,其调查旨在发现在其担任看守期间存在的众多给MCC带来持续性困扰的问题。”

Montell Figgins, an attorney for Thomas, made a similar argument outside court on Tuesday.

死者托马斯的律师蒙特尔·费金斯(Montell Figgins)周二在法庭外也提出了类似的论点。

"We had hoped that the US Attorney's Office would make an effort to try to address the systematic failures in respect to the Bureau of Prisons," he said. "They chose instead to indict Mr. Thomas and charged him with four counts and an indictment which Mr. Thomas is fully prepared to defend."

他表示:“我们曾寄希望于美国检察官办公室(US Attorney's Office)努力解决监狱管理局(Bureau of Prisons)的相关体系所存在的弊端。”“然而现实是,他们选择指控我当事人的四项罪名并发起诉讼,因此我将做好万全准备为之辩护。”

The attorneys' comments are part of a broader recognition from federal officials and prison employees that Epstein's death was a symptom of systemic issues at the prison, including under-staffing, mandatory overtime and ill-trained guards.

联邦官员和监狱工作人员普遍认为,爱普斯坦的死反映了监狱体系的各类问题,包括人员配备不足、强制加班和缺乏训练的看守。

Even as Noel and Thomas were charged in court, the recently appointed head of the Bureau of Prisons acknowledged the staffing issues in testimony to Congress.

甚至在诺埃尔和托马斯在法庭上面临指控时,上任不久的监狱管理局局长在国会作证时承认了人员配备上的不足。

"We grew so big with so few staff that we were stretched to our limits," Bureau of Prisons director Kathleen Hawk Sawyer said. "Policies were sound -- staff don't always follow them because they were stretched too thin."

监狱管理局局长凯瑟琳·霍克·索耶说:“我们的规模越来越大,人员却越来越少,包括我在内的所有公职人员已经难以负荷(这种庞大的工作量)。” “尽管政策称得上合理,但警务人员有时不会遵循这些政策,因为他们早就精疲力尽了。”

Noel and Thomas, the two guards on duty when Epstein died in his cell, pleaded not guilty to charges of conspiracy and filing false records in federal court on Tuesday. Prosecutors say the two guards did not do their required rounds or counts in the prison, yet falsely filled out records saying they did.

爱普斯坦死在牢房时,两名狱警诺埃尔(Noel)和托马斯(Thomas)正在值班。周二,他们在联邦法庭上对共谋和伪造记录的指控拒不认罪。检察官说,这两名狱警在监狱里没有按要求进行查房或点人数,而是直接虚报了记录。

When they went to check on Epstein at 6:30 a.m. on August 10, they found him dead in his cell with a noose around his neck, the indictment says.

起诉书指出,8月10日早上6点半,他们去检查爱泼斯坦的情况时,发现他死在牢房里,脖子上挂着绞索。

"We messed up," Thomas reportedly told a supervisor, according to the indictment. "I messed up, she's not to blame, we didn't do any rounds."

据起诉书显示,托马斯对一名典狱长说,“我们闯祸了。” “是我的错,不怪她(诺埃尔),是我们没做任何检查。”

Epstein was alone in his cell all night, and internal surveillance video shows that no one entered the tier where Epstein was housed overnight, the indictment says. The New York City Medical Examiner has ruled his death a su/icide by hanging.

起诉书称,爱泼斯坦整晚都被单独关在牢房里,内部监控录像显示,没有人进入爱泼斯坦所在的牢房。纽约市法医判定他死于绞刑。

Epstein, an enigmatic multimillionaire, had been accused of operating a sex-trafficking ring of underage girls from 2002 to 2005, and was in prison awaiting trial when he died.

爱泼斯坦是一位神秘的千万富翁,他因被指控在2002年至2005年间组织贩卖未成年少女的性/交易而入狱。直到其自杀也没有宣布审判结果。

Understaffed and overworked

人手不足、过度劳累

The issues with working conditions and understaffing of the prison were evident immediately following Epstein's death.

爱泼斯坦死后,监狱的工作条件和人员不足的问题立即显现出来。

On the night Epstein died, Noel was working the second of back-to-back 8-hour shifts, the indictment says. Thomas, meanwhile, was primarily assigned to work as a materials handler supervisor, yet he also regularly worked overtime shifts as a correctional officer.

起诉书称,爱泼斯坦死的那天晚上,诺埃尔正处于连续8小时轮班的第二班工作。与此同时,托马斯的主要工作是监管物料处理,但作为惩教人员,他也经常加班。

"These indictments don't address the core issues inside of the Metropolitan Correctional Center New York or the Federal Prison system in its entirety," said Tyrone Covington, the president of the local union representing MCC officers.

“ 这些起诉书没有解决纽约大都会惩教中心或整个联邦监狱系统的核心问题,” 代表MCC官员的当地工会总统的蒂龙·科温顿(Tyrone Covington)说。

"These staff where placed in an assignment where the tools and resources needed to be successful were not available. Simply assigning blame will not correct the staff shortages that put this chain of events in place."

“这些工作人员被分配到工具和资源都相当匮乏的地方。简单地追究责任并不能解决导致这一系列事件发生的人员短缺问题。”

Covington also said that the indictments "are a mask to cover up the true issues and merely be able to create a narrative that government has taken action."

科温顿还说,这些起诉书 “是掩盖实际问题的面具,仅仅旨在营造政府已经采取行动的假象 ” 。

Understaffing is a particularly acute issue in places with a high cost of living, such as MCC in Manhattan, according to Eric Young, the president of the AFGE Council of Prison Locals, which represents more than 33,000 Bureau of Prisons employees.

美国政府雇员联合会当地监狱协会(AFGE Council of Prison local)主席埃里克·杨(Eric Young)代表监狱管理局3.3万多名员工发言,在消费成本较高的地方,如曼哈顿的MCC,人员配备不足问题尤为严重。该协会代表着。

In a column for CNN in late August, Young said the union has repeatedly argued that prison employees across the country are underpaid and overworked. That has consequences.

在美国有线电视新闻网(CNN) 8月底的一篇专栏文章中,杨说,工会反复强调,全国各地的监狱雇员工资过低,劳累过度。而我们需要承受这一现状带来的后果。

"It is not surprising that when officers work 60-80 hours per week, with non-security staff filling in, fatigue sets in, allowing shortcuts and other mistakes to be made," he wrote.

他写道:“ 警员们在每周工作长达60至80小时后自然会产生疲劳感,所以需要非安保人员顶岗工作,出现消极怠工或其他错误也并不奇怪。”

How federal officials have responded

联邦官员对此有何反应

Federal officials appear to have heard the message. Attorney General William Barr said in August that there were "serious irregularities" at the prison, and he removed Hugh Hurwitz, the acting head of the Bureau of Prisons at the time.

联邦官员似乎听闻了这一消息。8月,司法部长威廉·巴尔(William Barr)表示,警务人员中存在“严重违规行为”,他罢免了时任美国监狱管理局(Bureau of Prisons)代理局长的休·赫维茨(Hugh Hurwitz)。

His replacement, Hawk Sawyer, testified in Congress on Tuesday that the Bureau of Prisons has identified a number of other instances where guards skipped inmate checks and referred those cases to the Justice Department inspector general.

他的继任者霍克索耶(Hawk Sawyer)周二在国会作证时表示,美国监狱管理局(Bureau of Prisons)已经查明了其他一些狱警疏忽囚犯检查工作的情况,并将这些情况提交给了司法部监察长。

"We are zealously going about trying to determine which of our employees are good employees and who do their job, and that is the vast majority of prison staff, but we do have some I know out there who obviously choose not to follow policy, choose not to do their job, and we want them gone," she said.

她说,“ 我们做了很多积极的尝试,旨在确定哪些员工是好员工,哪些员工认真工作,尽管绝大多数监狱工作人员可以做到这一点,但我知道有些人会明目张胆地破坏规定,甚至玩忽职守,所以我们打算遣退这部分员工。

Hawk Sawyer also said she has driven efforts to improve staffing at prison facilities, which she said was at the root of some guard misconduct.

霍克·索耶还表示,她在推动改善监狱设施人员配备上做了很大努力,她说,这是导致部分警卫行为失当的根源。

The Bureau of Prisons has hired several new employees to their staff processing center in Texas and has received more hiring authorities from the Department of Justice in recent months, Hawk Sawyer said.

霍克·索耶说,美国监狱管理局(Bureau of Prisons)在德克萨斯州的员工处理中心(staff processing center)招聘了几名新员工,并在最近几个月从司法部(Department of Justice)调任了更多的权威人士。

The BOP has hired 2,400 new staffers since January and has worked to fill shortages specifically at the MCC by sending temporary guards in on a rolling basis from facilities across the country, according to a BOP official.

据BOP的一位官员说,自1月份以来,BOP已经招聘了2,400名新员工,并从全国各地机构征集临时警卫来填补MCC的人员短缺的岗位。

Guard is a US military veteran

狱警是美国传统军事力量的代表

Noel, the 31-year-old guard charged on Tuesday, has no criminal record and served in the Army National Guard from 2008 to 2014, according to Foy, her attorney. She later got a degree in criminal justice and began working as a corrections officer at MCC in June 2018, Foy said.

31岁警卫诺埃尔于周二遭到起诉,在此之前她没有犯罪前科,据她的律师福伊(Foy)称,她在2008年到2014年期间在陆军国民警卫队(Army National guard)服役。福伊说,她后来获得了刑事司法学位,并于2018年6月开始在MCC担任狱警。

In his statement, Foy cast his client's actions on that August evening as a work issue but not a criminal one.

福伊在声明中称,他的当事人在8月当晚的行为应该被定义为工作失职,远远达不到犯罪性质。

"The Government's decision to criminalize work performance, when there is an administrative process available through the collective bargaining agreement negotiated by her union with the Federal Bureau of Prisons, is disappointing," he said.

他说:“在其所在工会与联邦监狱管理局根据行政程序协商达成劳资协议后,当地政府决定将工作表现定为犯罪,这太令人失望了。”

He also said he will continue to work with the government in good faith to "fairly settle this matter."

他还表示,他将继续与政府真诚合作,“公平解决这个问题”。

"Jeffrey Epstein's decision to take his life is a tragedy on many levels. It is our hope to persuade the Government officials not to create another victim of Jeffrey Epstein's apparent act of sui/cide," he wrote. "Ms. Noel and our nation deserve a more appropriate, responsible and graceful response to this tragedy."

“杰弗里·爱泼斯坦自杀的决定在很多层面都可归结为一场悲剧。我们希望说服政府官员停止酿就另一个杰弗里·爱泼斯坦这样采取十分明显的自杀行为的受害者,”他写道。“ 诺埃尔女士和我们的国家应该对这场悲剧做出更恰当、更负责、更平和的回应。”

CNN's Evan Perez and Kara Scannell contributed to this report.

CNN的Evan Perez和Kara Scannell对这篇报道也有贡献。

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