I just spoke with the Marshals, and they advised that it is not feasible to move him to Nassau. To: Cc: tonyricco Assistant United States Attorney From: Bruce Barket < Sent: Friday, July 12, 2019 3:22 PM (USANYS) Subject: Re: Tartaglione conditions/visits Jason, Thanks for the update. Any word on having him moved? Bruce Barket Barket, Epstein, Kearon, Aldea & LoTurco 666 Old Country road Garden Ci , NY 11530 - - M Barket Fpctein.com On Jul 12, 2019, at 3:17 PM, wrote: Leisenrin (USANYS)< > 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: ton (USANYS >; Subject: Re: Tartaglione conditions/visits ›- Aida Leisenring Page 13114 EFTA00043625

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 opportunity to 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 f. > » 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 Page 13115 EFTA00043626

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 mitigations specialists also waited 2 hours. Aida and I were Lucky in that we 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 Cit NY 11530 [P] [F] www.barketepstein.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 Page 13116 EFTA00043627

message and all its attachments Page 13117 EFTA00043628

Properties Property Value Nlessage 1 D 5D316F9D.NYMDOMI.NYMADM1.100.1178r85.1.B 7EA.1 Message Path xm8Trashr5D316F9D.NYMDOMI,NYMADM1,100.1 326C35.1.87EA.1.xml From Display Name Email UUID 2750CADO-09CA-0000-A8F4-1ACF31EA7575 Reply To Text I I To I Cc Subject Fwd: RE: Tanaglame Scheduled date 2019-07-19 07:22% Creation date 2019-07.19072205 Modified date 201907-19135559 Delis cord date 201907-19072206 Message size 15216 Attachments size 31869 Total size 47096 Attachments I Attachment TEXT.hon Name TEXT.htm Content II) 5D316F9D.NYMDOMLNYMADM1.200.20800A0.1.1 456B1. Eg453D316F9D.NYMDOMI.NYMADM1.100. [email protected] .0.1.0.1@l8 Is Inline false Type file Size 31869 Date 2019-07-19032138 CA flc74814a8a8cebb07f41)45127245716 Hash 55B7D3EE9I303 I E6I EDID733CC525B1B62C2D91B7 475AD3BBCEA5421304757D5B0F7D0A46 Recipients 10 Recipient Display Name Email UUID 28680E90-13FD-0000-SAF7-AE48A5168176 Distribution Tspe TO Recipient Type User Recipient Display Name — Email UUID A4423FD0-0824-0080-B58A-448148E79444 Distribution Type TO Recipient Type Uscr Recipient Display Name Email eitniss@bonov UUID AE0225F'O13F1)-000DBBA8-4AEAF7774S05 Distribution Type TO Recipient Type Uscr Recipient Display Name Email lischkssirgcr(tOop.gov UUID E414F4A0-0DAA-0003.9C89-D2189E2EIF35 Distribution Tspe TO Recipient 'Type User Recipient Display Name Email mrba UUID 2DA97450-1186-0800-974D-D02E22&50B78 Distribution bpi: TO Recipient Ts-pe User Recipient Display Name Email Page 13118 EFTA00043629

UUID 02817A50-1402-0X0-B09B-BCAADF980A91 Distribution Type TO Recipient Type User Recipient Display Name Email UUID 4237CDC0-1407-0000-A820-84D2120084D2 Distribution Type TO Recipient Type Systemeroup Recipient Display Name Email rbeaudouin@tqlgov UUID 6FECI5F0-25C8-0000$293-9E01000038CF Distribution Type TO Recipient Type User Recipient Display Name Email UUID 15A65E104r33-0000-A3E7-68A606415CAD Distribution Type CC Recipient Type User Recipient Display Name Email UUID 9F550EDO-OIDA-0000-B7F5-92775C390IBE Distribution Type TO Recipient Type User Expire 0 Delay delivery until 0 Delegated fake Archived fake Read truc Deleted true .Opened true Completed false Security Normal Box type Inbox Return notification sshen opened fake Return notification %she n deleted false Return notification %%hen completed false Return notification %%hen declined fake Return notification %%hen accepted false Archive Version 5.3 Internal ID 5D316F9D.NYMDOMLNYMADM1.100.1326C35.1.B 7EA.1(aJ1.9.NYMDOMI.NYMADM1.100.0.1.0.IQ18 Source received Class Public Account FAIADMI.FAIDOMI Location II) 1540843105474 Class Name GW.MESSAGE.MAIL Enclosing Folders I Folder Trash II) 9.NYMDOMLNYMADMI.I00.0.1.0.1@l8 Name Trash Type Trash System true Share Type NotSharcd Page 13119 EFTA00043630

Audits Date Action Auditor Note 2019-07.21052030 EDT Created en=Arehive Agent_I-Daly Trash3 lotwn-Jcbs.cn-GWOpenNodeicn-archivingx,(APM_I-Daily actmai Generated by Nctrred Inc. [crrArchive Trash3 Job.cn-Jobs.cn-GWOpenNocle.en—areliving.o nictrnail] 2019-08.2109,4136 EDT Exported netmainctmannonrad Exported by netmainctrnainctman 2019-08-21 133535 EDT Exported neunainctinainctmai Exported by nrtnraitnetrixanetrruil 2019.09.16 153437 EDT Exported nennainconannetmad Exported by ncumilnetmainctmail 2020-05.19153530 EDT Tag BOP01703.MXRADMI.MXRDOMI Responsive 2020.05.1914>71S6 EDT Tag BOP0I 703.MXRADM I.MXRDOMI Flagged Page 13120 EFTA00043631

Fwd: RE: Tartaglione From To Date 2019/07/19 09:25 Subject: Fwd: RE: Tartaglione Attachments: TEXT.htm Can you please have him seen for his request for 7 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. pi= > » 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 accident) smothered it while slee in . The li hts in the cell are fre uentl off durin the da and on at ni ht. 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 [P1 [F] www.barketepstein.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 nrnhihitpd If vim ciicriert that veil have received thic rnmmliniratinn in prrnr Monaco nntifv iic immediately hv Page 13121 EFTA00043632