5447 --- PAGE BREAK --- Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 11 of 13 defendants') ability to seat a fair and impartial jury in Tartaglione, particularly for purposes of a potential penalty-phase hearing required by 18 U.S.C. § 3593, by influencing potential juror perceptions of any int

pervised the Noel prosecution directly in my prior role as Chief of the Public Corruption Unit, and I play a supervisory role over both the Noel and Tartaglione prosecutions in my current role as Counsel to the Acting United States Attorney. 2. I am familiar with the Freedom of Information Act requests fil

, United States Code, Section 2.) COUNT SIX The Grand Jury further charges: B. On or about April 11, 2016, in the Southern District of New York, NICHOLAS TARTAGLIONE, the defendant, willfully and knowingly, during and in relation to a drug trafficking crime for which he may be prosecuted in a court of the Unite

, United States Code, Section 2.) COUNT SIX The Grand Jury further charges: B. On or about April 11, 2016, in the Southern District of New York, NICHOLAS TARTAGLIONE, the defendant, willfully and knowingly, during and in relation to a drug trafficking crime for which he may be prosecuted in a court of the Unite

pervised the Noel prosecution directly in my prior role as Chief of the Public Corruption Unit, and I play a supervisory role over both the Noel and Tartaglione prosecutions in my current role as Counsel to the Acting United States Attorney. 2. I am familiar with the Freedom of Information Act requests fil

(KMK). True and correct copies of the Indictment filed in Noel on November 19, 2019 (the "Noel Indictment"), and the Superseding Indictment filed in Tartaglione on April 16, 2019 (the "Tartaglione Indictment"), are attached hereto as Exhibits A and B, respectively. The statements contained in this declarati

ieve 13 it was M tier and inmate Tartaglione was his 14 bunkie and he was at the door asking for help. 15 We got there. When I looked, because 16 Tartaglione is a little bit big and the window 17 is small, I asked him to move to the side. I 18 saw Epstein with something tied around his 19 neck, but he w

te? 23 : Yes, at one point he did 24 have a cell mate. 25 : Do you know who that was? EFTA00062522 14 1 : His first cell mate was 2 inmate Tartaglione and -- 3 : Okay. 4 : -- yeah, that was his first 5 cell mate. 6 : Do you recall why Epstein was 7 assigned a cell mate? 8 : He was in Specia

ed around his 19 neck, but he was sitting on the floor. I told 20 him, you know, "Call for medical assistance," I 21 told my partner. We cuffed up Tartaglione, 22 took him out. I took it off from Epstein's 23 neck and we started doing CPR, but he was 24 breathing. You know, he was already breathing 25 a

decisions were made by the higher ups, in 20 regards to him? 21 MS. : I don't know. 22 MR. : Okay. And after this 23 incident happened, was Tartaglione removed from 24 the cell? Or was inmate Epstein removed from 25 the cell? EFTA00126972 LIMITED OFFICIAL USE 20 1 MS. : I'm not sure which

the staff team, as 2 well as his cellmate, to try to get both of 3 their sides of the story. 4 MR. : Was that Tartaglione? 5 MS. : Yes. Mr. Tartaglione. 6 MR. : Okay. 7 MS. : I spoke to Epstein in the R&D 8 area. He was a little hesitant, at first, 9 about speaking to me. He kept asking me

R. : -- and placed back in the 11 SHU? 12 MS. : No. 13 MR. : Do you have any questions? 14 MR. : Yeah. Just to go back, 15 file back to Nicholas Tartaglione. So, I knew 16 you - when asked - you said you weren't, you 17 knew he was more of a cellmate carrier kind of 18 a guy, but do you know of any

ow, he did or he didn't, to be 12 honest with you. From the answers that I was 13 getting back from him. 14 MR. : But he stated himself that 15 Tartaglione didn't try to kill him? 16 MS. : Yes. 17 MR. : So, the only other option 18 would have possibly been that he tried to 19 commit suicide himse

o the staff team, as 2 well as his cellmate, to try to get both of 3 their sides of the story. 4 MR. : Was that Tartaglione? 5 MS. : Yes. Mr. Tartaglione. 6 MR. : Okay. 7 MS. : I spoke to Epstein in the R&D 8 area. He was a little hesitant, at first, 9 about speaking to me. He kept asking me wh

MR. : -- and placed back in the 11 SHU? 12 MS. : No. 13 MR. : Do you have any questions? 14 MR. : Yeah. Just to go back, 15 file back to Nicholas Tartaglione. So, I knew 16 you - when asked - you said you weren't, you 17 knew he was more of a cellmate carrier kind of 18 a guy, but do you know of any ins

decisions were made by the higher ups, in 20 regards to him? 21 MS. : I don't know. 22 MR. : Okay. And after this 23 incident happened, was Tartaglione removed from 24 the cell? Or was inmate Epstein removed from 25 the cell? EFTA00125675 LIMITED OFFICIAL USE 20 1 MS. : I'm not sure which

he story. MR. : Was that Tartaglione? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MR. MS. Yes. Mr. Tartaglione. : Okay. : I spoke to Epstein in the R&D area. He was a little hesitant, at first, about speaking to me. He kept asking me who was I? You know,

R. : -- and placed back in the 11 SHU? 12 MS. : No. 13 MR. : Do you have any questions? 14 MR. : Yeah. Just to go back, 15 file back to Nicholas Tartaglione. So, I knew 16 you - when asked - you said you weren't, you 17 knew he was more of a cellmate carrier kind of 18 a guy, but do you know of any

ing of doing. EFTA00091955 Co-Chief, Narcotics Unit On Dec 18, 2019, at 17:00, (USANYS) [Contractor] < wrote: Jon Bandler of Lohud was at the Tartaglione and is seeking clarification on something that came up about Epstein when Tartaglione was his cellmate. Any guidance we can provide? From: Bandler,

SANYS) [Contractor] < wrote: Jon Bandler of Lohud was at the Tartaglione and is seeking clarification on something that came up about Epstein when Tartaglione was his cellmate. Any guidance we can provide? From: Bandler, Jonathan Sent: Wednesday, December 18, 2019 4:23 PM To: (USANYS) [Contractor] (USA

: Bandler, Jonathan Sent: Wednesday, December 18, 2019 4:23 PM To: (USANYS) [Contractor] (USANYS) Subject: Hi. I was in court this afternoon on Tartaglione and peripherally his lawyer raised the fact that it doesn't appear that any video was preserved of the cell from Epstein's earlier attempted suicide

in the processing of doing. Co-Chief, Narcotics Unit On Dec 18, 2019, at 17:00, (USANYS) [Contractor] < wrote: Jon Bandler of Lohud was at the Tartaglione and is seeking clarification on something that came up about Epstein when Tartaglione was his cellmate. Any guidance we can provide? From: Bandler,

: Bandler, Jonathan Sent: Wednesday, December 18, 2019 4:23 PM To: (USANYS) [Contractor] Subject: (USANYS) Hi. I was in court this afternoon on Tartaglione and peripherally his lawyer raised the fact that it doesn't appear that any video was preserved of the cell from Epstein's earlier attempted suicide

SANYS) [Contractor] < wrote: Jon Bandler of Lohud was at the Tartaglione and is seeking clarification on something that came up about Epstein when Tartaglione was his cellmate. Any guidance we can provide? From: Bandler, Jonathan Sent: Wednesday, December 18, 2019 4:23 PM To: (USANYS) [Contractor] Subj

e the government has put Tartaglione front and center here, I'm entitled to probe. Let me try this: Has a single document here been withheld under Tartaglione that relates to the events of August 10th? MR. KOCHEVAR: So, in some sense, yes, in that I believe -- and I want to be careful here because I don

ure of the documents and interference with the pending criminal proceedings of Tova Noel and Michael Thomas as well as the criminal prosecution of Nicholas Tartaglione. These are weighty pending criminal proceedings, and the government has clearly explained how SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EF

ething that would reflect essentially which entries, and within the entries which documents, are being withheld, at least in part, on the basis of Tartaglione? MR. KOCHEVAR: No, other than -- well, other than the descriptions of the documents given in the declarations supporting the withholding, no, we

d been harassing him. He stated that the inmate had indicated that he'd informed his attorney of this matter. I photographed and spoke with inmate Tartaglione, Nicholas #78514-054 who stated that he was asleep with his headphones on when he felt something hit his legs and said, "Jeff, what you're doing?"

nts afterwards, inmate Epstein became responsive. While observing inmate Epstein he sat up on the bed and began telling me that he think his Bunkie, Tartaglione, Nicholas #78514-054 tried to kill him. Inmate Epstein also stated that his Bunkie also tried to extort money from him and stated that if he didn't

do no something that isn't there. Additionally, Epstein stated he can recall an incident that occurred two days prior wh went out to court and when Tartaglione returned he was upset. Epstein stated he attempted to talk to Tartagl called him a pedophile. Epstein also stated he knew Tartaglione was upset and

decisions were made by the higher ups, in 20 regards to him? 21 MS. : I don't know. 22 MR. : Okay. And after this 23 incident happened, was Tartaglione removed from 24 the cell? Or was inmate Epstein removed from 25 the cell? EFTA00116712 LIMITED OFFICIAL USE 20 1 MS. : I'm not sure which

he story. MR. : Was that Tartaglione? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MR. MS. Yes. Mr. Tartaglione. : Okay. : I spoke to Epstein in the R&D area. He was a little hesitant, at first, about speaking to me. He kept asking me who was I? You know,

R. : -- and placed back in the 11 SHU? 12 MS. : No. 13 MR. : Do you have any questions? 14 MR. : Yeah. Just to go back, 15 file back to Nicholas Tartaglione. So, I knew 16 you - when asked - you said you weren't, you 17 knew he was more of a cellmate carrier kind of 18 a guy, but do you know of any

s not intend during the penalty phase to contest that Tartaglione called for help and was not responsible for any injury to Epstein. DESCRIPTION: Nicholas Tartaglione is currently awaiting trial in this District in connection with the kidnapping and quadruple murder of four men in April 2016. The Attorney General

the Court, in which USAO-SDNY represented, based on its conversations with MCC, that the requested video had in fact been preserved. The defense in Tartaglione has sought this video in order to argue during the penalty phase that Tartaglione alerted guards to Epstein's suicide attempt, and that this fact w

a result of errors in the Metropolitan Correctional Center's ("MCC") computer system, the MCC failed to preserve video outside of the cell shared by Tartaglione and Jeffrey Epstein on July 23, 2019, the night that Epstein attempted unsuccessfully to commit suicide. The letter will correct earlier statements

R. : -- and placed back in the 11 SHU? 12 MS. : No. 13 MR. : Do you have any questions? 14 MR. : Yeah. Just to go back, 15 file back to Nicholas Tartaglione. So, I knew 16 you - when asked - you said you weren't, you 17 knew he was more of a cellmate carrier kind of 18 a guy, but do you know of any

decisions were made by the higher ups, in 20 regards to him? 21 MS. : I don't know. 22 MR. : Okay. And after this 23 incident happened, was Tartaglione removed from 24 the cell? Or was inmate Epstein removed from 25 the cell? EFTA00116541 LIMITED OFFICIAL USE 20 1 MS. : I'm not sure which

story. MR. : Was that Tartaglione? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MR. MS. : Yes. Mr. Tartaglione. : Okay. : I spoke to Epstein in the R&D area. He was a little hesitant, at first, about speaking to me. He kept asking me who was I? You know,

n set. II. Tartaglione has been detained since he was arrested on December 19, 2016. For certain periods of his detention, including in July 2019, Tartaglione was housed at the MCC. In early July 2019, Tartaglione was transferred to the MCC's SHU. For a time, including on July 23, 2019, Tartaglione was ho

to begin on January 4, 2021. 3 EFTA00039897 Case 1:20-cv-00833-PAE Document 21 Filed 08/05/20 Page 4 of 13 The Prosecution and Incarceration of Nicholas Tartaglione 10. In a superseding indictment filed on April 16, 2019, Nicholas Tartaglione was charged with one count of conspiracy to distribute narcotics, in

(KMK). True and correct copies of the Indictment filed in Noel on November 19, 2019 (the "Noel Indictment"), and the Superseding Indictment filed in Tartaglione on April 16, 2019 (the "Tartaglione Indictment"), are attached hereto as Exhibits A and B, respectively. The statements contained in this declarati

Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Sear

taglione Records could reasonably be expected to influence witness testimony and potential juror perceptions of any interactions between Epstein and Tartaglione. See Capone Decl ¶¶ 29-31. These explanations similarly "allow the court to trace a rational link between the nature of the document and the allege

e of a subset of the withheld records that discuss or refer to Tartaglione (the "Tartaglione Records") would also interfere with the prosecution of Tartaglione. The Tartaglione Records contain information about Tartaglione's conditions of confinement and his interactions with Epstein, which have been put di

taglione Records could reasonably be expected to influence witness testimony and potential juror perceptions of any interactions between Epstein and Tartaglione. See Capone Decl ¶¶ 29-31. These explanations similarly "allow the court to trace a rational link between the nature of the document and the allege

Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Sear

e of a subset of the withheld records that discuss or refer to Tartaglione (the "Tartaglione Records") would also interfere with the prosecution of Tartaglione. The Tartaglione Records contain information about Tartaglione's conditions of confinement and his interactions with Epstein, which have been put di

ndier, Jonathan Sent: Wednesda , December 18, 2019 4:23 PM To: USANYS) [Contractor] cc > Subject: (USANYS) Hi. I was in court this afternoon on Tartaglione and peripherally his lawyer raised the fact that it doesn't appear that any video was preserved of the cell from Epstein's earlier attempted suicide

in the processing of doing. Co-Chief, Narcotics Unit On Dec 18, 2019, at 17:00 (USANYS) [Contractor] < > wrote: Jon Bandler of Lohud was at the Tartaglione and is seeking clarification on something that came up about Epstein when Tartaglione was his cellmate. Any guidance we can provide? From: Bendier,

NYS) [Contractor] < > wrote: Jon Bandler of Lohud was at the Tartaglione and is seeking clarification on something that came up about Epstein when Tartaglione was his cellmate. Any guidance we can provide? From: Bendier, Jonathan Sent: Wednesda , December 18, 2019 4:23 PM To: USANYS) [Contractor] cc >

Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Sear

e of a subset of the withheld records that discuss or refer to Tartaglione (the "Tartaglione Records") would also interfere with the prosecution of Tartaglione. The Tartaglione Records contain information about Tartaglione's conditions of confinement and his interactions with Epstein, which have been put di

taglione Records could reasonably be expected to influence witness testimony and potential juror perceptions of any interactions between Epstein and Tartaglione. See Capone Decl ¶¶ 29-31. These explanations similarly "allow the court to trace a rational link between the nature of the document and the allege

ething that would reflect essentially which entries, and within the entries which documents, are being withheld, at least in part, on the basis of Tartaglione? MR. : No, other than -- well, other than the descriptions of the documents given in the declarations supporting the withholding, no, we don't h

ure of the documents and interference with the pending criminal proceedings of Tova Noel and Michael Thomas as well as the criminal prosecution of Nicholas Tartaglione. These are weighty pending criminal proceedings, and the government has clearly explained how SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EF

e the government has put Tartaglione front and center here, I'm entitled to probe. Let me try this: Has a single document here been withheld under Tartaglione that relates to the events of August 10th? MR. : So, in some sense, yes, in that I believe -- and I want to be careful here because I don't have

harm Epstein versus, 3 did you also hear that Epstein tried to commit 4 suicide? 5 MR. : The only thing I heard, and 6 like I said, was the Tartaglione thing, because 7 I knew it was an investigation. And I knew 8 Because my question was, well, why did this guy 9 move out the cell? That's when

your 4 understanding of what happened with Epstein and 5 Tartaglione? 6 MR. : The only thing I remember is 7 - and this is when I first met Tartaglione. I 8 didn't know anything about him. I didn't know 9 his background. Anything. It was just 10 alleged, and this is something that I heard, 11

that I heard, 11 that he choked Epstein out. That's the only 12 thing I heard. So, of course, they had an SIS 13 investigation, and they moved Tartaglione, and 14 that was it. And Tartaglione came to my unit, 15 like later on, he was in 11 North or whatever. 16 He, like, you know, oh my God, this