A Manhattan federal judge on Monday set an April 30 trial date for two Metropolitan Correctional Center employees charged with falsifying records the night Jeffrey Epstein died in federal custody, as attorneys for the accused decried a lack of accountability in the federal prison system.

Montell Figgins, who is representing defendant Michael Thomas, told U.S. District Judge Analisa Torres of the Southern District of New York that he wanted to see the results of an inspector general report, which he said could shed light on "conditions and supervision and policies" at the jail around the time of Epstein's death in August, while awaiting trial on sex-trafficking charges.

After the hearing, Figgins said his client was being used as a "scapegoat" for broader "systemic issues" at the federal Bureau of Prisons. Particularly, Figgins raised questions about staffing at MCC and why Epstein, the prominent Manhattan and South Florida-based financier, was left in a cell by himself in the jail's special housing unit, instead of with a cellmate.

Michael Thomas, a federal jail guard responsible for monitoring Jeffrey Epstein the night he killed himself, leaves federal court Monday Nov. 25 in New York. Photo: Craig Ruttle/AP Michael Thomas, a federal jail guard responsible for monitoring Jeffrey Epstein the night he killed himself, leaves federal court Monday Nov. 25 in New York. Photo: Craig Ruttle/AP

"There's only two people charged, but for this to happen, the whole system had to fail," Figgins said. "Where are all the other people in the system who may have not done their job?"

"There are allegations that my client didn't do his job," he continued in remarks to reporters, "and he's facing going to jail. Is he the only one that didn't do his job at MCC that night?"

The comments followed a court appearance by Thomas, a veteran corrections officer at MCC, and co-defendant Tova Noel, who both pleaded not guilty last week to charges of falsifying records and conspiracy to defraud the federal government. The trial, Torres said, would go ahead as planned, unless the parties reach an agreement to resolve the charges.

"It's a firm date, and I'm giving you two weeks for trial," she said at the hearing Monday morning.

It was not clear when the report Figgins referenced would be completed, and prosecutors said they would turn all relevant materials to the defendants.

Assistant U.S. attorney Rebekah Allen Donaleski said Manhattan federal prosecutors do not expect voluminous discovery in the case, but do plan to produce hundreds of hours of video recordings from MCC, as well as some papers and bank records, to defense counsel by the end of December. Expected motions in the case are due in January.

Thomas and Noel surrendered to authorities and have been released on $100,000 bond, which would be secured by two co-signors, and were ordered to turn over their firearms. Both had been suspended from MCC without pay but had not yet been terminated from their positions, Figgins said.

An unsealed federal indictment charged both defendants with multiple counts of falsifying records and conspiring to defraud the government by impeding the functioning of MCC.

Prosecutors said that Noel and Thomas, the only two officers working the overnight shift from Aug. 9 to Aug. 10, were required to conduct five "institutional checks" and then complete corresponding paperwork to verify the counts. Guards at the jail are also required to perform rounds in the special housing unit every 30 minutes to ensure that every inmate is alive and accounted for.

According to the indictment, Noel and Thomas failed to carry out the mandatory checks that night but then repeatedly submitted records falsely claiming that they had. Rather, prosecutors said that surveillance footage from the jail showed them sitting at their desk, browsing the internet and milling about the common area.

Epstein was found hanging around 6:30 a.m. Aug. 10 and was pronounced dead at a local hospital.

The city medical examiner later determined that Epstein had died by suicide. However, an expert hired by Epstein's brother has claimed the death was more consistent with homicide by strangulation. Both the indictment and public statements from the U.S. attorney's office in Manhattan have fully endorsed the medical examiner's finding that Epstein had committed suicide by hanging.

Jason Foy, who represents Noel in the case, said in court that there may be other factors behind the government's decision to prosecute his client and seemed reluctant to commit to a hard trial date.

"Based on our view of the case, I believe there are outside circumstances that are driving the prosecution that may impact certain information that's available to us in discovery," Foy told Torres.

"I could foresee trying to get additional information that may have an impact on the defense in particular," he said.

The judge, however, said she was not persuaded and scheduled a "firm trial date for the end of April."

Foy also asked Torres to reconsider an order from a magistrate judge requiring Noel to turn over her firearm as a part of her bail package. Foy argued that the decision violated his client's right to bear arms, though he did not cite specific security concerns that she was currently facing.

Torres said the move was a "common-sense" safety measure for the safety of pretrial services personnel and denied the request from the bench.

Both defendants are expected to report next to court at 11 a.m. Jan. 30.

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