Newly disclosed court records include a draft statement attributed to federal prosecutors dated Aug. 9, 2019 — the day before Jeffrey Epstein was found dead. The files, among at least 23 documents labeled as SDNY statements, show inconsistent redactions across near-identical drafts. Justice Department reviews and independent analysts also differ over jail surveillance footage that shows an orange-colored figure on a staircase at about 10:39 p.m., a detail that conflicts with official claims that no one entered Epstein's housing tier that night. DOJ and SDNY did not immediately comment.
Newly Released Epstein Files Include Prosecutors' Draft Dated Day Before His Death, Renewing Questions
Photo Illustration by Eric Faison/The Daily Beast/Getty Images
Newly released records in the Jeffrey Epstein case include a draft statement attributed to federal prosecutors that is dated Aug. 9, 2019 — the day before Epstein was found dead in his Manhattan jail cell while awaiting trial on federal sex-trafficking charges.
Draft statement announcing Jeffrey Epstein's death dated the day before he was found dead in his jail cell. / Department of Justice
What The Records Contain
The draft appears among at least 23 documents in the disclosure labeled as statements from the U.S. Attorney's Office for the Southern District of New York (SDNY). A review of the files shows multiple, near-duplicate drafts with inconsistent redactions: some versions leave phone numbers or names visible, while others redact nearly all identifying details.
US Attorney for the Southern District of New York Geoffrey Berman announces charges against Jeffrey Epstein on July 8, 2019. / Stephanie Keith / Getty Images
Surveillance Discrepancies
Justice Department records reviewed by CBS News show investigators flagged jail surveillance footage that captured an orange-colored figure moving up a staircase toward the locked tier housing Epstein's cell at about 10:39 p.m. on Aug. 9, 2019 — hours before his body was discovered the next morning. An observation log described the figure as 'possibly an inmate,' while a separate review by the Justice Department's Office of Inspector General (OIG) identified the same image as a corrections officer carrying orange-colored linen or bedding.
Newly released video logs appear to contradict official accounts of who entered Epstein's cell on the night he died. / US Bureau of Prisons
Independent video analysts told CBS that the movement appeared more consistent with an inmate or someone wearing an orange prison uniform than with a corrections officer. Prison employees said escorting an inmate at that hour would be highly unusual. The discrepancy conflicts with repeated official statements that no one entered Epstein's housing tier that night and has intensified questions about activity near his cell during the relevant window.
Claims And Official Rulings
Separately, Epstein's former cellmate, Nicholas Tartaglione, asserted in a pardon petition — recently obtained by the Daily Beast — that Epstein was deliberately left unprotected while in federal custody. Tartaglione, a former police officer convicted of multiple murders, alleged prison officials knowingly housed Epstein with an accused mass murderer despite reports that Epstein had raised safety concerns weeks earlier. Those claims were not substantiated. Epstein's death was officially ruled a suicide.
Why The Draft Matters
The existence of a draft statement dated Aug. 9, along with multiple differently redacted versions attributed to federal prosecutors, has renewed scrutiny of what officials were preparing in the hours before Epstein was found dead. Observers say inconsistent records and conflicting interpretations of surveillance footage undermine public confidence and call for clearer explanations from oversight bodies.
The Justice Department and the U.S. Attorney's Office for the Southern District of New York did not immediately respond to requests for comment.
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