On Jul 12, 2019, at 4:01 PM, ) c > 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 <bbarketPbarketepstein.com> Sent: Friday, July 12, 2019 3:22 PM To: Cc: tonyricco (tonvricco(&aol corn) <tonyriccoPaol.com.>; Aida Leisenrin <aleisenring_Pbarketepstein.corry bkoffskvPsnet.net; >; Subject: Re: Tartaglione conditions/visits 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 O -M Barket Efleinsom On Jul 12, 2019, at 3:17 PM, a> wrote: Bruce — With respect to the hard drive for Mr. Tartaglione, your office mil l sent it to our White Plains office but addressed the package to (instead of our paralegal 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 <bbarket(thbarketeostPin.com>; Cc: tonyricco (tonyriccoOaol.com) <[email protected]>; Aida Leisenring Page 14184 EFTA00044695

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 150 Park Row New York, New York 10007 f.P= > » Bruce Barket <bbarketObarketepstein.com> 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. Page 14185 EFTA00044696

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 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] (516) 745 1245 (F) www.barketepsteinsom 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 coovine of this transmittal is strictly Page 14186 EFTA00044697

• • • r I CJ I 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 14187 EFTA00044698

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Fwd: RE: Tartaglione Sunday's attempt From To Date 2019/07/22 21:38 Subject: Fwd: RE: Tartaglione Sunday's attempt Attachments: TEXT.htm I intend for him to be the first patient I see tomorrow morning. Thanks. >>> M 7/22/2019 10:43 AM > » Hi, I wrote r about this last week and I know he intended on seeing him. 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 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 p: >>> Bruce Barket <[email protected]> 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 rerael taut:sral tirnae dacnitcs Ivauinn nwat knnlec <ant in him haul k,ues tines resraintt inrlir,firm tk,t nnrr k.ae Page 14191 EFTA00044702

1 1/4.44 0 ,1..V 1/4.14.111 1".“01"..., 0...Ill %Ad n...‘ 1/4.9./..4111*.M.4.41.1115 S.11Cal IYIVV 114J 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 Cit , NY 11530 [PI (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 From: [mailto To: ruceBarket; Sent: B Bark Mon PM , Jul 2019 3:48 M's Cc: tonyricco ton [email protected]); Aida Leisenring; Subject: Re: Tartaglione Sunday's attempt Bruce, [email protected]; 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 <bbarketObarketepstein.corn> 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. Page 14192 EFTA00044703

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 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 closing 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 Cit , NY 11530 - ,cu JR7 7)Qr1- Page 14193 EFTA00044704