From: To: Laura Mennin er <Imennin e mflaw.com>, " " (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 (MN) - Request to view evidence, highly confidential materials, scenes Date: Fri, 09 Apr 2021 02:05:26 +0000 Inline-Images: image001.jpg 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 111130 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 numbers 18127, 1B128, & 16137. So these items will be available for your review under those New York evidence numbers. Best, EFTA00031332