From: Laura Menninger <[email protected]> Sent: Friday, April 2, 2021 5:36 PM To: >; ) ca; (USANYS) < Cc: Jeff Pagliuca <[email protected]>; 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 your email. Your proposal is largely acceptable to us, with the following modifications and clarifications. • For the items that you propose below to exclude from the evidence transported to 500 Pearl Street (with the exception of the cash held at 26 Federal Plaza), we will need to have access for a lawyer, investigator and paralegal to inspect and photograph those items at the Bronx warehouse. This seems to include the bulky items, electronic devices and "fragile" items. o Once they are photographed and shared with the team and our client, we can decide whether a separate inspection by our client and/or any expert is necessary at a later time. To be clear, the government's photos of these same items are insufficient. o If there are any items we are not permitted to photograph (and perhaps you will be able to tell us by April 5 which those are), we likely will need to have those transported because there is no way for our client to inspect the evidence. We can wait to finalize this issue until you have finished deciding what items you consider non-photographable, and if we can't agree, then discuss next steps. o Please let us know when these "non-transportable" items can be inspected and photographed at the Bronx warehouse. It makes sense that it would be done soon so that we can raise any issues as necessary with the Court. • For playing any of the electronic media, we will obtain the necessary equipment to play at 500 Pearl Street and seek permission to bring those devices into the Courthouse. You can segregate out the section of recordings that contain "witness statements" and advise us then which ones cannot be played, but we still need to inspect the outside of those recordings. • As far as space, can you please advise whether the largest proffer room will be available for review of evidence? It is my understanding that it can accommodate a large number of the team members at one time. If not, is a locked courtroom available for us to review the evidence? The agents could bring out a limited number of boxes at a time for inspection. • We understand that the evidence will not be taken outside of the monitoring of the agents or your staff and appreciate that you will have a separate room for us to consult with our client privately (without the evidence). • We understand that all of the highly confidential materials, including not only the 2,100 images not previously disclosed as well as the electronic images that were only shown to NY counsel and the client at the MDC, will be available for review on a singular laptop at 500 Pearl Street. • We also understand the 7 hard-copy highly confidential materials will also be available for inspection at 500 Pearl Street. Please let me know if you have any questions or disagree with my understanding. If you agree, we can then proceed as scheduled on April 12 and continue day to day until we are finished, with a break if necessary for the arraignment. Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) Imenninger(alnflaw.com EFTA00026879