Co-Chief, Narcotics Unit Begin forwarded message: From:' (USANYS)" < Date: December 18, 2019 at 15:40:58 EST To: Cc: Subject: Re: Tartaglione > following up. Can we speak tomorrow (Thursday)? Some issues came up at the conference today and we need to address them with you. Co-Chief, Narcotics Unit On Dec 17, 2019, at 13:50, wrote: (USANYS) < — Right before left, we had discussed with him a few questions from defense counsel related to Tartaglione's penalty phase. Do you have a few minutes to jump on a call today? Should take no more than 5 minutes, but we have a court conference tomorrow so would be good to touch base. Thanks! Co-Chief, Narcotics Unit United States Attorney's Office Southern District of New York One Saint Andrew's Plaza New York, New York 10007 Tel: Page 13062 EFTA00043573

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Fwd: RE: Tartaglione From To Date 2019/07/22 10:44 Subject: Fwd: RE: Tartaglione Attachments: TEXT.htm Doesn't look like he was seen yet. Psy.D. Chief Psychologist U.S. Department of Justice/ Federal Bureau of Prisons Metropolitan Correctional Center 150 Park Row New York, New York 10007 Office: Fax: E-mail: >>> 7/19/2019 9:25 AM >>> Can ou lease have him seen for his request for 7 I understand he has not expressed any 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:P= > » Bruce Barket < > 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 fre uentl off durin the day and on at ni ht. Nick has asked to be given medication to . His Page 13066 EFTA00043577

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] www.barketeostein.com 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 From: Sent: Monday, Jul To: Bruce Bark Cc: tonyricco [mailto Subject: Re: Tartaglione Bruce, PM ; Aida Leisenring; 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 < > 7/14/201911:55 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. Page 13067 EFTA00043578

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 permitted to see our client 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 Ci NY 11530 - M Barket Epsteinsom On Jul 12, 2019, at 4:01 PM, (USANYS) < > wrote: Page 13068 EFTA00043579