EFTA01687456.pdf

Re: New Wrden From To Date 2019/11/0513:12 Subject: Re: New Wrden Attachments: TEXT.htm, Mime.822 I heard nothing particular about MDC. Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 from <a• TO Date: 11/05/2019 01:04 PM Sueseci Re: New Wrden Thank you, Your Honor. I will certainly miss NYC! I meant to ask, are there any inquiries for MDC to address tomorrow? Thank you again, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p• 1: >>> -c )* 11/1/2019 1:36 PM >>> Congratulations! But it means you'll have to move to Philly. :-) SDNY_00014192 Page 12486 Pule 016 01 206 EFTA01687456 Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 From. To: Date: 11/01/2019 12:37 PM Subject Re: New Wrden Thank you, Your Honor, I have advised the Warden and he will be prepared to speak as to language issues in medical and mental health. However, due to the ongoing outside investigation, we have no new information as to the Epstein investigation. To our knowledge, the matter is still under review by FBI, O1G, and the USAO. I also wanted to let you know personally before announcing it to the group that I have been selected as the incoming Deputy Regional Counsel for the Northeast Region in Philadelphia, PA, starting December 9. I have greatly enjoyed working with you and your staff and hope that I have been able to assist you when requested. I am sure my successor will continue to seek to work with all the stakeholders in doing what is best for both the general public and the inmate population. Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 P: 11/1/20199:51 AM >» One other thing that you may be able to address (although this is more minor than the other issues). how does the prison deal with prisoners who do not speak English when they need to see a doctor? There is some interest in hearing what is going on with the Epstein suicide investigatiorWhil_b6mact that Page 12487 Pace 017 of 206 EFTA01687457 is something the Warden cannot discuss. See you Wednesday. Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 From Date: 11/01/201907:56 AM Subject: Re: New Wrden Good morning Your Honor, My apologies, but I was out of the office unexpectedly yesterday due to a family emergency. Warden Petrucci and I will be in attendance at the CJAB next week. He indicates he will be addressing the issues that have delayed the attorney visiting study, to include those related to the union. He will also update the Court on the female unit at MCC. Please let us know if you need anything else. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 1: 10/31/2019 10:39 AM >>> Will your new warden be able to attend the CJAB meeting next week? SONY_00014194 Page 12488 Paoe 018 of 206 EFTA01687458 Will you be attenaingY it so, wouia you like to give a onet explanation of me union issues associated witn the attorney waiting times study? Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 SDNY_00014195 Page 12489 Pace 019 01 204 EFTA01687459 To: Subject: Re: N w Wrden From: Sent: Tue, 5 Nov 2019 13:10:52 -0500 I heard nothing particular about MDC. Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 f -um n Date 119512019 01.04 PM Subject Re: New Wrden Thank you, Your Honor. I will certainly miss NYC! I meant to ask, are there any inquiries for MDC to address tomorrow? Thank you again, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center ISO Park Row New York. New York 10007 p: f: >» > 11/1/2019 1:36 PM >» Congratulations! But it means you'll have to move to Philly. :-) Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York. NY 10007 SDNY_00014196 Page 020 of 206 EFTA01687460 From cal To Dale 114)112019 1237 PM Sullied: Re: New Wrden Thank you, Your Honor, 1 have advised the Warden and he will be prepared to speak as to language issues in medical and mental health. However, due to the ongoing outside investigation, we have no new information as to the Epstein investigation. To our knowledge, the matter is still under review by FBI, Ola and the USAO. I also wanted to let you know personally before announcing it to the group that I have been selected as the incoming Deputy Regional Counsel for the Northeast Region in Philadelphia. PA, starting December 9. 1 have greatly enjoyed working with you and your staff and hope that I have been able to assist you when requested. I am sure my successor will continue to seek to work with all the stakeholders in doing what is best for both the general public and the inmate population. 1est Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York. New York 10007 p: >>> < I1/1/2019 9:51 AM >» One other thing that you may be able to address (although this is more minor than the other issues): how does the prison deal with prisoners who do not speak English when they need to see a doctor? There is some interest in hearing what is going on with the Epstein suicide investigation, but I suspect that is something the Warden cannot discuss. See you Wednesday. Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York. NY 10007 Rem To: Dale. 1110112019 07:56 M4 &Ow Re: New Wrclen SDNY_00014197 Page 021 01 206 EFTA01687461 Good morning Your Honor, My apologies, but I was out of the office unexpectedly yesterday due to a family emergency. Warden Petrucci and I will be in attendance at the CAB next week. He indicates he will be addressing the issues that have delayed the attorney visiting study, to include those related to the union. He will also update the Court on the female unit at MCC. Please let us know if you need anything else. Thank you. Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 P: 1:- »> < › 10/31/2019 10:39 AM >>> Will your new warden be able to attend the CJAB meeting next week? Will you be attending? If so, would you like to give a brief explanation of the union issues associated with the attorney waiting times study? Hon. Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York. NY 10007 SDNY_00014198 Page 022 DI 206 EFTA01687462  Fwd: Re: Interviews From To Date 2019/08/16 13:43 Subject: Fwd: Re: Interviews Attachments: TEXT.htm Good afternoon, Per the below, OIG would like to interview you regardin the incident last weekend involving EPSTEIN, Jeffrey, reg. no. 76318-054. Please call Special Agent at your convenience. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: >> > 8/16/2019 1:41 PM >> > Per the attached OIG would like to interview the followin staff members. >> > . (OIG)" < 8/16/2019 12:56 PM >> > Sent from mobile device, please excuse typos. Special Agent Office of the Inspector General 1 Battery Park Plaza, 29th floor New York, NY 10004 Cell Office > On Aug 16, 2019, at 12:34 PM, > wrote: > Medical Staff? (OIG)" < > 8/16/2019 11:25 AM >> > SDNY_00014199 Page 12497 Pace 023 0l 206 EFTA01687463 > We are available at all times for the medical staff interviews today, if they are willing to agree to a voluntary interview. > Sent from mobile device, please excuse typos. > Special Agent > Office of the Inspector General > 1 Battery Park Plaza, 29th floor > New York, NY 10004 > Cell Office SDNY_00014200 Page 12498 Pace 024 co 206 EFTA01687464  Fwd: Re: Interviews From To Date 2019/08/2015:30 Subject: Fwd: Re: Interviews Attachments: TEXT.htm Thank you! >» 8/20/2019 3:22 PM > » I called and Left a Voice mail, there was no answer Respectfully, Clinical Nurse Specialist IN:pan:new ()I justice Iltireati Of Pris(His Nit(' Nov York 130 Palk Him Nov York. NV 10007 >> > 8/16/2019 1A3 PM >> > Good afternoon, Per the below, OIG would like to interview you regarding the incident last weekend involving EPSTEIN, Jeffrey, reg. no. 76318-054. Please call Special Agent at your convenience. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: f. >>> 8/16/2019 1:41 PM >>> Per the attached OIG would like to interview the following staff members. >>> . (OIG)" < > 8/16/2019 12:56 PM >> > SDNY_00014212 Page 12707 Pace 036 01 206 EFTA01687465 sent tram mooiie aevice, please excuse typos. Special Agent Office of the Inspector General 1 Battery Park Plaza, 29th floor New York, NY 10004 Cell Office > On Aug 16, 2019, at 12:34 PM, > wrote: > Medical Staff? > >>> (OIG)" < > 8/16/201911:25 AM > > > > We are available at all times for the medical staff interviews today, if they are willing to agree to a voluntary interview. > Sent from mobile device, please excuse typos. > Special Agent > Office of the Inspector General > 1 Battery Park Plaza, 29th floor > New York, NY 10004 Cell Office SDNY_00014213 Page 12708 Pace 037 of 206 EFTA01687466  Fwd: Re: Interviews From To Date 2019/08/2015:22 Subject: Fwd: Re: Interviews Attachments: TEXT.htm I called and Left a Voice mail, there was no answer Respectfully, Clinical Nurse Specialist Ikparintent O1..fitstice Bureau Of Prisons \ICC Net' York I50 Palk ll(m. York NY Ith)07 >> > 8/16/2019 1A3 PM >> > Good afternoon, Per the below, OIG would like to interview you regarding the incident last weekend involving EPSTEIN, Jeffrey, reg. no. 76318-054. Please call Special Agent at your convenience. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 p: f: >> > 8/16/2019 1:41 PM >» Per the attached O16 would like to interview the following staff members. >>> I . (OIG)" H 8/16/201912:56 PM > » Sent from mobile device, please excuse typos. SDNY_00014214 Page 12712 Pa0e 038 0l 206 EFTA01687467 speciai Agent Office of the Inspector General 1 Battery Park Plaza, 29th floor New York, NY 10004 Cell Office > On Aug 16, 2019, at 12:34 PM, > wrote: > Medical Staff? > >>> (OIG)" < > 8/16/2019 11:25AM >» > We are available at all times for the medical staff interviews today, if they are willing to agree to a voluntary interview. > Sent from mobile device, please excuse typos. > Special Agent > Office of the Inspector General > 1 Battery Park Plaza, 29th floor > New York, NY 10004 Cell Office SDNY_00014215 Page 12713 Page 039 of 206 EFTA01687468 Re: meeting with tartaglione 8015 @ 5:00 pm From To , Bruce Barket Date 2019/08/13 17:14 Re: meeting with tartaglione 8015 @ 5:00 Subject: pm Attachments: TEXT.htm SDNY_00014216 Page 12717 Pam 080 01 206 EFTA01687469 Hi Bruce, Thanks for the kind words and I know you and the rest of the defense bar have a job to do, as do we. That may put us at odds sometimes, but it doesn't mean we all can't respect each other. No problem on Thursday; we'll pull Tartaglione down before the count and he can review his discovery until count clears. Thanks, Steph Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 > » Bruce Barket < > 8/13/2019 5:02 PM >> > Good afternoon, Can I meet with Nick on Thursday, August 15th at 5:00 p.m? By the way, I am imagine you have seen some of my comments repeating the complaints about MCC that I have been making for years. Please know that none of that was directed at you. You both have been professional, courteous and responsive to me, even in the face of my numerous complaints and emails. The press does not write about the good, but I have mentioned how much I admire the legal staff at MCC on several occasions. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden Ci NY 11530 P IF] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SDNY_00014217 Page 12718 Pa0e 041 01 206 EFTA01687470 MCC conditions From Bruce Barket • Date 2019/08/29 17:25 Subject: MCC conditions Attachments: TEXT.htm, Mitne.822 I am writing as I have been asked to update everyone on the continuing problems at the facility. Mr. Tartaglione has not has books swapped out since was kind enough to do it himself on August 15th. His radio has needed batteries for several days. The guards simply refuse to provide him with the batteries and new books he believes are in his property. Several guards have been making comments to him such as "You're threatening our lives" and "Give the big mouth his try" and similar remarks aimed at intimidating him and conveying to him their displeasure with his complaints. As for visiting I arrived on Sunday and waited nearly 50 minutes because there was not staff in the lobby to process legal visits. I was able to see my client by 9;10, but I couldn't stay through the count so I had to leave before 9:30. I know I did not make an appointment but the issue wasn't a free room, but adequate staffing in the lobby. Yesterday I was able to see my client at 5:00 as scheduled. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SDNY_00014218 Page 12722 Pa0e O42 0l 206 EFTA01687471 Sub$ect: MCC conditions Sett: Thu, 29 Aug 2019 21:25:14 +0000 I am writing as I have been asked to update everyone on the continuing problems at the facility. Mr. Tartaglione has not has books swapped out since was kind enough to do it himself on August 15th. His radio has needed batteries for several days. The guards simply refuse to provide him with the batteries and new books he believes are in his property. Several guards have been making comments to him such as "You're threatening our lives" and "Give the big mouth his try" and similar remarks aimed at intimidating him and conveying to him their displeasure with his complaints. As for visiting I arrived on Sunday and waited nearly 50 minutes because there was not staff in the lobby to process legal visits. I was able to see my client by 9;10, but I couldn't stay through the count so I had to leave before 9:30. I know I did not make an appointment but the issue wasn't a free room, but adequate staffing in the lobby. Yesterday I was able to see my client at 5:00 as scheduled. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden Ci NY 11530 [P] [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SDNV_00014219 Page 04340 206 EFTA01687472  Re: hi and a question From To Date 2019/07/25 09:57 Subject: Re: hi and a question Attachments: TEXT.htm `sorry to bother you with this: Update: We got over 30 inquiries. My boss is drafting a very short answer that will probably say we don't comment on an inmate's health status or conditions of confinement for privacy reasons. My boss had me call MCC NY just now to be sure they are not releasing varying statements to the media, we want the institution & me to use the same exact statement to all media (we'll give them the statement we come up with shortly and be sure they're fine with it) and they just told me you're acting will call me back shortly. Last thing - I didn't realize he went to the hospital, I might ask your acting exec. if he's still at the hospital or how long there, etc., if that's true (news article say he went to a hospital). Public Information Office of Prisons >> > > 7/25/2019 9:23 AM > » Yes it's all over the NY papers. Sent from my Verizon, Samsung Galaxy smartphone Original message From: " < Date: 7/25/19 9:20 AM GMT-05:00 To: < > Subject: Re: hi and a question »> ' 07/25411110920 »> Thanks , I'll take this to when I arrive in a few minutes. I saw multiple articles and Twitter posts late last right on this too Sent from my Verizon, Samsung Galaxy smartphone SDNY_00014223 Page 12801 Pace 04701 206 EFTA01687473  VII II Idl IlleSSd From: < Date: 7/24/19 11:01 PM (GMT-05:00) To: ' < Subject: Fwd: hi and a question > » a' 07/24/2019 23:01 > » Sent from my Verizon. Samsung Galaxy smartphone Original messa e From: "Weiser, Ben" < > Date: 7/24/19 10:47 PM (GMT-05:00) To: Subject: hi and a question >> > "Weiser, Ben" 07/24/2019 22:47 »> hi ■ hope you are well. We saw an article tonight on someting called Radaronline reporting that Jeffrey Epstein attempted to commit suicide at the MCC (unsuccessfully.) Are you in a position to help me on that with some sort of confirmation or information. (Or to dispel its veracity?) thanks, Ben Benjamin Weiser Reporter, The New York Times Office: Mobile: Email: SDNY_00014224 Page 12802 Page 048 0l 206 EFTA01687474 Re: Epstein, Jeffrey Edward, Reg. No. 73618-054_1_1 From To Date 2019/08/12 14:12 Subject: Re: Epstein, Jeffrey Edward, Reg. No. 73618-054_1_1 Attachments: TEXT.htm Thank you >> > 8/12/2019 2:08 PM > » review SDNY_00014225 Page 12806 Pao 049 of 206 EFTA01687475  Fwd: RE: Tartaglione Sunday's attempt From To Date 2019/07/19 09:25 Subject: Fwd: RE: Tartaglione Sunday's attempt Attachments: TEXT.htm Can you please have him seen for his request for psychiatric medication? I understand he has not expressed any psychological concerns in the past, but he is facing the death penalty and is currently in SHU facing disciplinary charges. Thanks! Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 f. > » Bruce Barket <I > 7/19/2019 6:39 AM > » Good morning, I was able to see Nick last night. Thank you for arranging a room for him. He reports that he has not had his hearing yet and the conditions in his cell remain the same. He was told by a guard that he is going to be denied visits, phone calls and commissary for a year, in addition to being held in SHU for 90 days. Water is constantly leaking into the cell, which he now shares with another inmate. He still has not received the updated discovery hard drive. He has only been given three short books which he read several times, despite having new books sent to him (we have the receipts indicating that MCC has received them). He does not have the paper discovery he had prior to being placed in SHU. Recently, he found a dead rodent in his bed. Apparently he accidently smothered it while sleeping. The lights in the cell are frequently off during the day and on at night. Nick has asked to be given medication to treat his increased depression and anxiety. His mental health is diminishing rapidly. I understand that the cell phone justifies some sanction, but the troubling conditions in the cell should be rectified. Lastly, I hope the guard who told Nick about his punishment is mistaken. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden Ci NY 11530 [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly nrnhihitod If will elieniart that tine have rerviviari thie rnmmiiniratinn in errnr &pacp nntifiSDNYGOIMAG34olv hv Page 12971 vaae 058 of 206 EFTA01687476 r• r __ r• telephone or email and immediately delete this message and all its attachments From: [mailto Sent: Monday, Jul PM To: Bruce Bar ; Aida Leisenring; Subject: Re: Tartaglione Sunday's attempt Bruce, My apologies for the delay yesterday. The institution was short-staffed, and they were actively finding personnel to process you in the lobby and to oversee the attorney conference room area. If you experience any delays on the weekends, please ask to speak to the Duty Officer and/or the Operations Lieutenant as they were aware of the visit and could have expedited your admission to the facility. They also could have called me at home to resolve any issues. Likewise, if ou are visiting during the week and we have made arrangements to expedite your visits, please contact and me if there are any delays so we can facilitate matters immediately. Please also let us know when you meet in an attorney conference room that has a non-working computer so that we can have Computer Services fix it expeditiously. We continue to work to address Mr. Tartaglione's complaints, so please let us know if there are outstanding issues that have not yet been appropriately addressed. Thank you, >> > Bruce Barket c > 7/14/2019 11:55 AM >> > While I do appreciate your effort, for reasons that aren't entirely clear to me, the personal seem unable to allow Nick reasonable access to his lawyers. Today, I arrived at the faculty at 7:56. I was told "not until 8:00" by the guard in the booth. At 8:00 I was told "we will let you know. We are waiting for relief." I waited outside for 35 minutes. (I am lucky to be healthy, as I was forced to stand because the waiting area was inexplicably locked). I finally got to see Nick just after 9:00, less than 30 minutes before the cut off to leave before the count. Unfortunately, this is not a recent problem. Long delays, unexpected closures of the facility and lockdowns have all occurred frequently since Mr. Tartaglione was first arrested, over 3 years ago and have significantly hampered our ability to communicate with our client, who is facing the death penalty. Because the BOP has chosen to monitor emails and phone calls between Lawyers and their clients, we are forced to meet with Nick to discuss every aspect of the case, even relatively benign things that typically could be handled with a quick call or a short email. As you know, I have been writing about these problems, speaking to you and bringing the issues to the attention of Judge Karas over the course of the years of Nick's Pretrial detention. On a personal note, this was a particularly frustrating day because I again took time away from my family on a Sunday to drive into NYC with anticipation that would be able to leave at 9:30. Today's trip, as you know, was necessary because Ms. Leisenring and I arrived on Thursday at 7:55 but were not pergBMesio4§s? our Page 12972 Page 059 or 206 EFTA01687477 dient until 9:30. These obstacles to meeting with our client are systemic and do not appear to be correctable without significant changes in how the BOP operates the faculty. The rooms for visiting have computers that are frequently broken, there are not enough rooms to accommodate the number of lawyers attempting to see their clients (several hours of delays are routine for any lawyer who doesn't arrive before 8:00), the staff frequently delays the opening of legal visiting but never extends the dosing time, once in a room, a lawyer can expect to wait for their client to be produced from 10-15 minutes to hours and of course at times the facility simply closes and refuses visits all together. The USA's office has advised that the Marshal's have refused our request to transfer Mr. Tartaglione to Nassau County and despite my inquiry about other options, have not offered any alternative. The conditions under which Mr. Tartaglione Are being held continue to be problematic, to say the least. There is again water in his cell and the other issues, which I have written about a number of times but won't detail again here, persist. I don't think anyone understands what it is like to be locked in a windowless box all day, everyday with limited human contact and virtually no contact with family or friends. People can't survive like that for very long. Cell phone or not, the conditions in SHU are deplorable. Discussing the issues surrounding his complex death penalty case has become nearly impossible. Whether intentional or accidental, the MCC is breaking Mr. Tartaglione's ability to defend the charges and prepare for trial. I am open to any solution Bruce Barket Barket, Epstein, Kearon, Aldea & LoTurco 666 Old Country road Garden City, NY 11530 On Jul 12, 2019, at 4:01 PM, (USANYS) < > wrote: I just spoke with the Marshals, and they advised that it is not feasible to move him to Nassau. Assistant United States Attorney From: Bruce Barket Sent: Frida Jul 12, 2019 3:22 PM To: USANYS Cc: >; ton ricco >• Aida Leisenrin (USANYS) >: Subject: Re: Tartaglione conditions/visits SDNY_00014236 Page 12973 Noe 060 of 206 EFTA01687478 Thanks for the update. Any word on having him moved? Bruce Barket Barket, Epstein, Kearon, Aldea & LoTurco 666 Old Country road Garden City, NY 11530 On Jul 12, 2019, at 3:17 PM, (USANYS) wrote: Bruce — With respect to the hard drive for Mr. Tartaglione, your office correct) sent it to our White Plains office but addressed the package to (instead of our paralegal i. As a result, the security officers in White Plains sent the hard drive downtown to and we had to then interoffice it back up to White Plains, which is what caused the delay. We are working on loading all of the discovery now. Assistant United States Attorney From: Sent: Friday, July 12, 2019 3:13 PM To: Bruce Barket < Cc: tonyr >; Aida Leisenring (USANYS) (USANYS Subject: Re: Tartaglione conditions/visits Good afternoon Bruce, We apologize for the delays you experienced yesterday. We have spoken to the SHU Lieutenant and have received assurances he will have staff bring him to attorney conference in advance of your future meetings to allow him to review discovery until you get there. He will extend the same courtesy to the other members of your defense team with appropriate advance notice. The SHU Lieutenant is meeting with Mr. Tartaglione today to discuss his personal property, including but not limited to his books and legal work, as well as recreation and law library access. Policy ordinarily limits inmates to having only 5 books in their possession, in both general population and in SHU. The SHU Lieutenant reviewed his books and advised he can maintain five in his cell and seventeen in reserve in his stored personal property, but that the other one hundred and fifty-one books would have to be mailed home. Mr. Tartaglione will be informed of this and given the opportunAtv to UNY 00014237 Page 12974 Vane 061 of 206 EFTA01687479 choose which books to keep. The SHU Lieutenant reports that Mr. Tartaglione was provided his legal work other than the hard drives that are currently in the Education Department, which will be brought to SHU to be maintained there for his review while housed there. If there is any legal work still missing, please advise so it can be located. Regarding recreation, I am told he has not responded in the affirmative when recreation is offered in the morning, but the SHU Lieutenant will remind him of those procedures. Likewise, the SHU Lieutenant will go over law library request procedures which involve him submitted written requests to use the SHU law library. I will update you as soon as I get more information. Thank you, Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, New York 10007 > » Bruce Barket 7/12/2019 6:16 AM >> > Good morning, First, thank you for the time you have devoted to both speaking to us about these issues and the work you have put in trying to alleviate the problems. Unfortunately, despite your efforts the problems with the conditions Nick endures and the difficulty in visiting him persist. Aida and I met with Nick yesterday, for only about 20-30 minutes. Although we arrived at the facility at 7:55 and although was kind enough to set up a room for us, Nick was not brought down until almost 9:30. We were allowed upstairs at about 8:15, just when the guard for the room had just arrived . This is a frequent problem. It seems that room is often not staffed on time. So, when lawyers arrive at 8:00 they get a room, but have to wait until that guard arrives. This is particularly troubling on the weekends when there is a 10:00 count and you have to either stay until 11:00 or get out by 9:30. Yesterday the officer in the room told us it would "be a while" before inmates from SHU would be brought down. Indeed it was "a while" as we sat for over an hour. We left just before 10:00 and were both late for our next appointment, mine a hearing in state court. We were not able to cover the ground we needed to with Nick and now have to return in the next few days when I fear the process will repeat itself. This week several members of the defense team have waited hours to see Nick. On Monday our investigator waited 2 hours and on Tuesday one of our mitin,tinne enori,licte 'len tn,itorl 7 knoerc A it4, ,nrI I tatoro I tirlets in thSDNY410014238 Page 12975 ()a0e 062 01 206 EFTA01687480 I 1111.115.1.14.114 / 111.1. J111.1.1411 i1i {.11.;14 / / YY tat ll..' S 11441 J. P11144. 4114 I YYtI V 1.41....fty III VI MR. YYV only waited about 75 minutes. We simply cannot effectively represent our client with these kind of delays. I believe we delivered a hard drive to the USA's office over a week ago. Nick tells us that he has not yet received it. Further, when he was moved to cell without water on the floor, the little discovery he did have, was "lost." He has never been given the document I previously mentioned, work product created by our office on which he made notes. It was out on his bed when he the cell phone was seized. Nick still hasn't been given any of the books he had nor has he received the books recently mailed to him and received by the facility. He now has a cell mate, someone to talk to, which has improved his emotional state, but he should have reading material and access to his discovery and legal work. I understand that other than visits, Nick has been locked in his cell 24 hours a day without time for recreation or to go to the library. If this is part of his punishment, it seems harsh. Again, I know that Nick is in SHU because of the cell phone, but he is still entitled to humane conditions, reading material and reasonable access to his legal team. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden Ci NY 11530 [P] [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SDNY_00014239 Page 12976 Pa0e 063 01 206 EFTA01687481  Fwd: Psych Reconst Response - Epstein #76318-054.pdf From NYM/Warden— To Date 2019/12/30 09:12 Subject: Fwd: Psych Reconst Response - Epstein #76318-054.pdf Attachments: TEXT.htm, Psych Reconst Response - Epstein #76318-054.pdf please set up a meeting to go over these issues next week. Thank you >> > BOP-RSD/Assistant Director— 12/27/2019 9:08 AM >> > Please see attached. SDNY_00014240 Page 12994 Paoe 064 of 206 EFTA01687482 RE: viewing tartaglione cell II It From To Date 2019/11/2711:36 Subject: RE: viewing tartaglione cell Attachments: TEXT.htm, Mime.822 Thanks for your email and good wishes. I believe that- is out of the office until next week. Can this wait until then? I hope that you too have a Happy Thanksgiving. Take care, U Chief, Civil Division U.S. Attorney's Office, SDNY 86 Chambers Street, 3rd Floor New York, NY 10007 From: Sent: Wednesday, November 27, 2019 11:23 AM To: Cc: Subject: Fwd: viewing tartaglione cell Hi t We may need wall counsel again in the Tartaglione matter in relation to the below site visit request.. so excellently helped us last time in our appearance on the conditions of confinement issue, so I cc'ed her as well. Thank you and I wish you and yours a Happy Thanksgiving. Best Supervisory Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York. New York 10007 SDNY_00014241 Page 13053 Pace 065 01206 EFTA01687483 f: >>> Bruce Barket 11/27/2019 11:15 AM >> As part of our obligations to prepare for the penalty phase (should there be one) of Mr. Tartaglione's trial, we would like to view the cells (including SHU ) and common areas where he has been held. It's possible that we will want to take some photographs, but initially we just want to look at the areas where he has been housed. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden Cit , NY 11530 P [F] This transmittal may be a confidential attorney client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone or email and immediately delete this message and all its attachments SDNY_00014242 Page 13054 Paae 066 of 206 EFTA01687484 From: To: Cc: Subject: RE: viewing tartaglione cell Sent: Wed. 27 Nov 2019 16:36:02 +0000 Thanks for your email and good wishes. I believe that. is out of the office until next week. Can this wait until then? I hope that you too have a Happy Thanksgiving. Take care, Chief, Civil Division U.S. Attorney's Office, SDNY 86 Chambers Street, 3'd Floor New York, NY 10007 From: < > Sent: Wednesda , November 27, 2019 11:23 AM To: Cc: >• > Subject: Fwd: viewing tartaglione cell Hi We may need wall counsel again in t