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 <[email protected]>; (USANYS) Cc: Jeff Pagliuca <[email protected]>; Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengressercom) <[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. • 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 1B130 and 1B110. 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 EFTA00026873

numbers 1B127, 18128, & 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 St. Andrew's Plaza New York, NY 10007 From: Laura Menninger <ImenningerPhrnflaw.corn> Sent: Wednesday, April 7, 2021 4:23 PM To: -)ca; (USANYS) Cc: Jeff Pagliuca <[email protected]>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) <ceverdellPcohengressercom>. '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: NY Evidence List • Items 16127-130 (4 boxes). • Item 1813 (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 EFTA00026874

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. Henninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) linenninger(whinflaw.com From: Sent: Wednesday, April 7, 2021 1:44 PM To: Laura Menninger <Imenninger(Whmflaw.com>. (USANYS) Cc: Jeff Pagliuca <jpagliucaPhmflaw.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 < Hi Laura, c= > 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. 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 EFTA00026875