Assistant United States Attorney From: <alQjohnsorilthbop gov> Sent: Friday, July 12, 2019 3:13 PM To: Bruce Barket <bbarketPbarketepsteinsorn>; Cc: tonyricco (tonyriccoPaol.corn) <tonvriccoPaol.com> Aida Leisenring >. >; 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 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 Page 13532 EFTA00044043

150 Park Row New York, New York 10007 f P::= > » Bruce Barket <bharket@barketepstein corn> 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 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 Page 13533 EFTA00044044

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 City, NY 11530 ill (516) 745 1245 [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 message and all its attachments Page 13534 EFTA00044045

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