From: ' < To: Christian Everdell <CEverdell CohenGresser.com>, Laura Menninger <Imennin er hmflaw.com>, ' (USANYS)" Cc: Jeff Pagliuca [email protected]>, 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (MN) - Request to view evidence, highly confidential materials, scenes Date: Mon, 12 Apr 2021 13:26:56 +0000 Inline-Images: image001.jpg Received, thanks very much. Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 From: Christian Everdell <[email protected]> Sent: Monday, April 12, 2021 1:50 AM To: ; Laura Menninger <[email protected]>; (USANYS) Cc: Jeff Pagliuca <[email protected]>; 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Thanks for your email. We appreciate the extra time. The complete list of people who will be at the evidence views is below. All of us except Camille will be there on Tuesday for the first day, but will likely rotate the remaining days. Chris Everdell Jeffrey Pagliuca Laura Menninger Bobbi Sternheim Jim Harkins (investigator) Simek Shropshire (paralegal) Camille Delgado (paralegal) Thanks, Chris From: [mallto:I Sent: Friday, April 09, 2021 12:01 PM To: Laura Menninger; (USANYS) EFTA00026890

Cc: Jeff Pagliuca; Christian Everdell; 'BOBBI C STERNHEIM' Subject: RE: US v. Maxwell - 20 Cr. 330 (MN) - Request to view evidence, highly confidential materials, scenes All, Today the Marshals and the FBI informed me that they are able to arrange for your client and the evidence to be at 500 Pearl in time for the review to start as early as 8am each morning of the review period. The review can still continue until 4:30pm each day. In order to take advantage of the extra time, I would propose planning to begin each review day at 8:30am. You would also be welcome to arrive as early at 8am, and if the Marshals and FBI are ready to begin before 8:30, then we can do so. I will plan to be at 500 Pearl by 8am each morning. Also, the CSOs have asked for a list of everyone from the defense team who should be granted access into the proffer area on the fifth floor of 500 Pearl for the review. Would you please send me a list of the names of everyone who you expect to attend the review? Thank you, Assistant United States Attorney Southern District of New York St. Andrew's Plaza New York, NY 10007 From: Sent: Thursday, April 8, 2021 10:05 PM To: Laura Menninger <ImenningerPhmflaw.com>; (USANYS) Cc: Jeff Pagliuca <jpaglioca Phmflaw.com>. Christian R Everdell - Cohen & Gresser LLP ([email protected]) [email protected]>. 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Laura, Below please find responses to the issues you raised: • We are confirmed for the review at the Bronx warehouse on April 12, 2021 from 11am to 4:30pm. • During the April 12th review, your team can see the evidence for yourselves and let me know if you need any of the items you are not permitted to photograph to be brought to 500 Pearl. Depending on the size of the item(s), we may need to figure out whether they can be brought later in the week once you have already reviewed several boxes, which would free up space in the FBI vehicle for the larger items. I'm confident we will be able to reach a reasonable agreement about those items. • For the bulky photos, you will not be permitted to photograph any that feature nudity. As referenced above, once your team has seen those photos for yourselves, you can let me know if you will need any to be brought to 500 Pearl. EFTA00026891

• As I mentioned previously and is indicated in the spreadsheet, we are preparing a letter to defense counsel explaining why you will not be permitted to review those 16 discs. We expect to send you that letter tomorrow, after which I will be happy to discuss the matter further. • The blue-ray discs referenced in the spreadsheet are what the FBI burned in order to provide the USAO SDNY with a copy of electronic data to produce to you in discovery. The discs are not evidence themselves. The data is the evidence, and it was produced to you already. You are correct, however, that the 4/24/07 file is a data file that was copied from a VHS tape, which is currently located in the FBI's ELSUR office in Florida. We have asked that the original tape be shipped to New York, and it should arrive on Tuesday, April 13th. We will make it available for you to review once we have received it. We also plan to produce the digital file of that same recording to you as part of our productions of non-testifying witness statements. • The shredded paper is currently being analyzed by the FBI lab. We have asked the case agent to inquire with the lab regarding its anticipated timeline for analysis and will let you know when we expect it will be possible to have the shredded paper returned to New York for you to review. It will not, however, be available next week. • The "Missing from Assigned Box" items are items 16130 and 16110. Those items were migrated within the FBI evidence system from the Florida case to the New York case and incorporated into New York evidence item numbers 1B127, 16128, & 16137. So these items will be available for your review under those New York evidence numbers. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 From: Laura Menninger <ImenningerPhmflaw.com> Sent: Wednesday, April 7, 2021 4:23 PM To: <->; (USANYS) ‹ > Cc: Jeff Pagliuca <[email protected]>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) ceverdell@cohengressercom>. 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes My apologies, I meant to include in my previous email that we could have the Bronx view on Monday April 12. Thank you for the logistics. Regarding the spreadsheets you provided, I have several issues. First, there are a couple of items that you have noted for the Bronx Warehouse but will in fact need to be brought to 500 Pearl for review because you labeled them as "Highly Confidential" and not "bulky." These appear to include: EFTA00026892

NY Evidence List • Items 16127-130 (4 boxes). • Item 1B13 (1 box) Florida Evidence List . Item 1, Subitem 26 — one large framed photo from Master Bedroom. Second, with regard to the "Bulky" photos (Florida Items 1, Subitems 8, 15a, 15b and 15c), are we permitted to photograph those or not? If not, we will need them transported to 500 Pearl. Third, Florida Item 8, Subitem 8, says it is Sixteen DVD-R Discs from PBSO but you do not indicate that we can review those. Why? We need to address with the Court promptly any issues related to our request to view all evidence. Fourth, Electronic surveillance — Your email yesterday stated that these were all "electronic files" with no corresponding physical item. However, for several, the chart indicates "Blu-Ray Disks;" is there a reason we cannot inspect these? Another Florida item is listed as "one original recording of an interview dated 4/24/07"; I am suspicious that "one original recording of an interview" is not truly only an "electronic" file? I was practicing law in 2007 and do not recall "electronic files" being the standard then. Can you please confirm? I know that Chris has written separately about the many files for which the metadata has apparently been stripped, so we will have to address purely electronic information at another date. Shredded Paper — Yes, we need to review that as well. "Missing from Assigned Box" items — can you please provide more of an explanation for all "missing items"? I will let you know any other issues as I see them. However, now that we have made travel plans in reliance on your agreement to produce all evidence items, I am hoping that you can promptly answer these questions so that we can resolve any of them as needed this week. Thank you, -Laura Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) Imenninger(iehmflaw.corn From: Sent: Wednesday, April 7, 2021 1:44 PM To: Laura Menninger <[email protected]>• (USANYS) Cc: Jeff Pagliuca <jpagliucaishmflaw.com>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) ceverdell@cohengressencom>. 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Hi Laura, The Bronx warehouse is located at 2350 Lafayette Ave, Bronx, NY. There is plenty of street parking outside of the building. Whatever day you wish to have the review conducted at the warehouse, an AUSA and an agent will meet the attorney, investigator, and paralegal at the warehouse to escort them into the building to the evidence review room. The AUSA will remain present at the warehouse to answer any questions that may arise. EFTA00026893

The FBI has informed me that they can make the evidence available for review at the warehouse any day next week or the week of April 19th. Please just let me know what day you prefer, and we will coordinate with the FBI to arrange for the review. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 From: Laura Menninger <Imenning @hmflaw.com> Sent: Wednesday, April 7, 2021 3:30 PM To: ) 4: >; >; - (USANYS) .> Cc: Jeff Pagliuca cipagliucaPhmflaw.com>. Christian R Everdell - Cohen & Gresser LLP ([email protected]) <[email protected]>. 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Thank you for the updated spreadsheets and the information regarding the timing of the review at 500 Pearl. I believe we will be able to have an attorney, investigator and paralegal present at the Bronx warehouse to take photos of the "excluded from transportation" items. Please let us know the particulars for that visit when you have a moment. Thank you, Laura Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) [email protected] From: Sent: Wednesday, April 7, 2021 10:06 AM To: Laura Menninger <[email protected]>• (USANYS) Cc: Jeff Pagliuca <[email protected]>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) <ceverdell@cohengressencom>. 'BOBBI C STERNHEIM' <bcsternheimPmac.com> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Good morning, Attached please find the revised spreadsheets, which reflect designations under the Protective Order for the three mini- VHS tapes that I referenced below. EFTA00026894

I learned this morning that the Marshals intend to bring Ms. Maxwell back to the MDC each review day at 4:30pm. So we can plan for the review to take place at 500 Pearl Street from 9:30am to 4:30pm each day beginning on April 13th. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 From: Sent: Wednesday, April 7, 2021 12:09 AM To: 'Laura Menninger' <Imenninge hmflaw.com> '4 >; (USANYS) Cc: 'Jeff Pagliuca' ipagliucaPhmflaw.com>; 'Christian R Everdell - Cohen & Gresser LLP ([email protected])' <[email protected]>; 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (A1N) - Request to view evidence, highly confidential materials, scenes Good evening, Today, the Marshals confirmed that they will produce Ms. Maxwell to 500 Pearl Street on April 13, 2021 and every day thereafter until the evidence review is complete. My understanding is that Ms. Maxwell should arrive to 500 Pearl Street at approximately 9:30am each morning. So we are confirmed for evidence review in the proffer rooms on the 5th floor of the 500 Pearl Street courthouse beginning at 9:30am on April 13th. I will plan to be present and to continue assisting with logistics. If any questions or concerns arise, please feel free to call my cellphone at To assist in preparing for this review, attached please find annotated versions of the three evidence spreadsheets I previously emailed to you: (1) a spreadsheet of New York evidence; (2) a spreadsheet of Florida evidence; and (3) a more detailed spreadsheet of the sub-items contained in the Florida evidence spreadsheet. A couple things to note: • These spreadsheets now indicate the Protective Order designation, if any, for each item to be reviewed. As you will see, there are three mini-VHS tapes that I need to double check before assigning a final designation. I expect to be able to access a mini-VHS cassette player later this week, at which point I will be able to provide an updated spreadsheet with a confirmed designation for those three items. Additionally, please note that there is one item about which we plan to provide you with a letter later this week. • These spreadsheets also indicate where each item will be made available for the defense to review. As you will see, we have now learned that one item (consisting of shredded paper) is currently at FBI headquarters and will not be available for review next week. Please let me know if you believe you need to review that item, and I will inquire as to whether and how it can be relocated to New York. Additionally, all 1D items consist of electronic data (as opposed to 1B items, which are physical items). As is noted in the spreadsheets, the electronic data that constitute the 1D items in this case have either already been produced to you in discovery (e.g., pen register data, GPS data, and aerial footage), or are digital recordings of interviews that will be produced as non-testifying witness statements. Because these 1D items are data files stored in the FBI system, there is no corresponding physical item to produce for you to review. Please let me know when you would like to schedule a time for a smaller group from the defense team to review evidence at the Bronx warehouse. EFTA00026895