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Page 13193 
EFTA00043704

Fwd: RE: Tartaglione 
From 
To 
Date 
2019/07/19 07:22 
Subject: 
Fwd: RE: Tartaglione 
Attachments: 
TEXT.htm 
Good morning all, 
Per the below list of complaints please look into the following: 
Facilities - can you look into the alleged leak in his cell, no. 201-106? 
Safety - can you let me know the last time 9 South had pest control? 
SIS - can you follow up with FBI on his incident report? Can you also look into whether the alleged rodent 
on his bed might have been his cellmate accusing him of being an snitch? 
SHU - can you swap out his books? Can you check on the lights in his cell? Was his paper discovery 
located? Is he claiming he is still missing any? 
Thanks all, 
Supervisory Staff Attorney 
CLC New York 
Metropolitan Correctional Center 
150 Park Row 
New York, New York 10007 
fria
l
> » Bruce Barket < 
> 7/19/2019 6:39 AM > » 
Good morning, 
I was able to see Nick last night. Thank you for arranging a room for him. He reports that he has not 
had his hearing yet and the conditions in his cell remain the same. He was told by a guard that he is 
going to be denied visits, phone calls and commissary for a year, in addition to being held in SHU for 90 
days. Water is constantly leaking into the cell, which he now shares with another inmate. He still has 
not received the updated discovery hard drive. He has only been given three short books which he 
read several times, despite having new books sent to him (we have the receipts indicating that MCC has 
received them). He does not have the paper discovery he had prior to being placed in SHU. Recently, 
hp fni Intl a ripari rndont in hic hod Annarontiv hp arrirlontly cmnthprpri it whilo cippnino Tho liohtc in 
Page 13194 
EFTA00043705

Yr. 
I • 
t -... 0
the cell are frequently off during the day and on at night. 
I understand that the cell phone justifies some sanction, but the troubling conditions in the cell should 
be rectified. Lastly, I hope the guard who told Nick about his punishment is mistaken. 
Bruce A. Barket, Esq. 
Barket Epstein Kearon Aldea & LoTurco, LLP 
666 Old Country Road , Ste. 700 
Garden Cit , NY 11530 
[P] 
[F] 
www.barketepstein.com 
This transmittal may be a confidential attorney client communication or may otherwise be privileged or 
confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received 
this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly 
prohibited. If you suspect that you have received this communication in error, please notify us immediately by 
telephone or email and immediately delete this message and all its attachments 
From: 
Sent: Monday, Jul 
To: Bruce Barket; 
Cc: tonyricco 
[mailto 
15. 2019 3:48 PM 
Subject: Re: Tartaglione 
Bruce, 
; Aida Leisenring; 
My apologies for the delay yesterday. The institution was short-staffed, and they were actively 
finding personnel to process you in the lobby and to oversee the attorney conference room area. If you 
experience any delays on the weekends, please ask to speak to the Duty Officer and/or the Operations 
Lieutenant as they were aware of the visit and could have expedited your admission to the facility. They also 
could have called me at home to resolve any issues. Likewise, if
 are visiting during the week and we have 
made arrangements to expedite your visits, please contact 
and me if there are any delays so we 
can facilitate matters immediately. Please also let us know when you meet in an attorney conference room 
that has a non-working computer so that we can have Computer Services fix it expeditiously. We continue to 
work to address Mr. Tartaglione's complaints, so please let us know if there are outstanding issues that have 
not yet been appropriately addressed. 
Thank you, 
> » Bruce Barket < 
> 7/14/201911:55 AM > » 
While I do appreciate your effort, for reasons that aren't entirely clear to me, the personal seem unable to 
allow Nick reasonable access to his lawyers. 
Today, I arrived at the faculty at 7:56. I was told "not until 8:00" by the guard in the booth. At 8:00 I was told 
"we will let you know. We are waiting for relief." I waited outside for 35 minutes. 
Page 13195 
EFTA00043706

(I am lucky to be healthy, as I was forced to stand because the waiting area was inexplicably locked). I finally 
got to see Nick just after 9:00, less than 30 minutes before the cut off to leave before the count. 
Unfortunately, this is not a recent problem. Long delays, unexpected closures of the facility and lockdowns 
have all occurred frequently since Mr. Tartaglione was first arrested, over 3 years ago and have significantly 
hampered our ability to communicate with our client, who is facing the death penalty. 
Because the BOP has chosen to monitor emails and phone calls between Lawyers and their clients, we are 
forced to meet with Nick to discuss every aspect of the case, even relatively benign things that typically 
could be handled with a quick call or a short email. 
As you know, I have been writing about these problems, speaking to you and bringing the issues to the 
attention of Judge Karas over the course of the years of Nick's Pretrial detention. 
On a personal note, this was a particularly frustrating day because I again took time away from my family on 
a Sunday to drive into NYC with anticipation that would be able to leave at 9:30. Today's trip, as you know, 
was necessary because Ms. Leisenring and I arrived on Thursday at 7:55 but were not permitted to see our 
client until 9:30. 
These obstacles to meeting with our client are systemic and do not appear to be correctable without 
significant changes in how the BOP operates the faculty. The rooms for visiting have computers that are 
frequently broken, there are not enough rooms to accommodate the number of lawyers attempting to see 
their clients (several hours of delays are routine for any lawyer who doesn't arrive before 8:00), the staff 
frequently delays the opening of legal visiting but never extends the closing time, once in a room, a lawyer 
can expect to wait for their client to be produced from 10-15 minutes to hours and of course at times the 
facility simply closes and refuses visits all together. 
The USA's office has advised that the Marshal's have refused our request to transfer Mr. Tartaglione to 
Nassau County and despite my inquiry about other options, have not offered any alternative. 
The conditions under which Mr. Tartaglione Are being held continue to be problematic, to say the least. 
There is again water in his cell and the other issues, which I have written about a number of times but won't 
detail again here, persist. 
I don't think anyone understands what it is like to be locked in a windowless box all day, everyday with 
limited human contact and virtually no contact with family or friends. People can't survive like that for very 
long. Cell phone or not, the conditions in SHU are deplorable. Discussing the issues surrounding his 
complex death penalty case has become nearly impossible. Whether intentional or accidental, the MCC is 
breaking Mr. Tartaglione's ability to defend the charges and prepare for trial. 
I am open to any solution 
Bruce Barket 
Barket, Epstein, Kearon, Aldea & LoTurco 
666 Old Country road 
Garden Ci , NY 11530 
- 
- M 
Barket Epstein.com 
Page 13196 
EFTA00043707

On Jul 12, 2019, at 4:01 PM, 
(USANYS) ‹
> wrote: 
I just spoke with the Marshals, and they advised that it is not feasible to move him to 
Nassau. 
Assistant United States Attorney 
From: Bruce Barket 
Sent: Frida , Jul 12, 2019 3:22 PM 
To: 
USANYS 
Cc: 
ton 
Subject: Re: Tartaglione conditions/visits 
Thanks for the update. Any word on having him moved? 
Bruce Barket 
Barket, Epstein, Kearon, Aldea & LoTurco 
666 Old Country road 
Garden Ci , NY 11530 
- 
-M 
Barket Epstein.com 
On Jul 12, 2019, at 3:17 PM, 
wrote: 
(USANYS)<
> 
Bruce — With respect to the hard drive for Mr. Tartaglione, your office 
correct) sent it to our White Plains office but addressed the package to 
(instead of our paralegal 
As a result the security 
officers in White Plains sent the hard drive downtown to 
and we 
had to then interoffice it back up to White Plains, which is what caused the 
delay. We are working on loading all of the discovery now. 
Assistant United States Attorney 
From: 
Sent: Friday, July 12, 2019 3:13 PM 
To: Bruce Barket < 
Cc: ton 
>; Aida Leisenring 
USANYS1
> 
Page 13197 
EFTA00043708

Subject: Re: Tartaglione conditions/visits 
Good afternoon Bruce, 
We apologize for the delays you experienced yesterday. We have spoken to 
the SHU Lieutenant and have received assurances he will have staff bring him 
to attorney conference in advance of your future meetings to allow him to 
review discovery until you get there. He will extend the same courtesy to the 
other members of your defense team with appropriate advance notice. 
The SHU Lieutenant is meeting with Mr. Tartaglione today to discuss his 
personal property, including but not limited to his books and legal work, as 
well as recreation and law library access. Policy ordinarily limits inmates to 
having only 5 books in their possession, in both general population and in 
SHU. The SHU Lieutenant reviewed his books and advised he can maintain 
five in his cell and seventeen in reserve in his stored personal property, but 
that the other one hundred and fifty-one books would have to be mailed 
home. Mr. Tartaglione will be informed of this and given the opportunity to 
choose which books to keep. The SHU Lieutenant reports that Mr. 
Tartaglione was provided his legal work other than the hard drives that are 
currently in the Education Department, which will be brought to SHU to be 
maintained there for his review while housed there. If there is any legal work 
still missing, please advise so it can be located. 
Regarding recreation, I am told he has not responded in the affirmative when 
recreation is offered in the morning, but the SHU Lieutenant will remind him 
of those procedures. Likewise, the SHU Lieutenant will go over law library 
request procedures which involve him submitted written requests to use the 
SHU law library. 
I will update you as soon as I get more information. 
Thank you, 
Supervisory Staff Attorney 
CLC New York 
Metropolitan Correctional Center 
150 Park Row 
New York, New York 10007 
Pi= 
> » Bruce Barket < 
> 7/12/2019 6:16 AM > » 
Good morning, 
First, thank you for the time you have devoted to both speaking to us about 
these issues and the work you have put in trying to alleviate the problems. 
Unfortunately, despite your efforts the problems with the conditions Nick 
endures and the difficulty in visiting him persist. 
Page 13198 
EFTA00043709

Aida and I met with Nick yesterday, for only about 20-30 minutes. Although 
we arrived at the facility at 7:55 and although 
was kind enough to 
set up a room for us, Nick was not brought down until almost 9:30. We were 
allowed upstairs at about 8:15, just when the guard for the room had just 
arrived . This is a frequent problem. It seems that room is often not staffed 
on time. So, when lawyers arrive at 8:00 they get a room, but have to wait 
until that guard arrives. This is particularly troubling on the weekends when 
there is a 10:00 count and you have to either stay until 11:00 or get out by 
9:30. Yesterday the officer in the room told us it would "be a while" before 
inmates from SHU would be brought down. Indeed it was "a while" as we sat 
for over an hour. We left just before 10:00 and were both late for our next 
appointment, mine a hearing in state court. We were not able to cover the 
ground we needed to with Nick and now have to return in the next few days 
when I fear the process will repeat itself. 
This week several members of the defense team have waited hours to see 
Nick. On Monday our investigator waited 2 hours and on Tuesday one of our 
mitigations specialists also waited 2 hours. Aida and I were Lucky in that we 
only waited about 75 minutes. We simply cannot effectively represent our 
client with these kind of delays. 
I believe we delivered a hard drive to the USA's office over a week ago. Nick 
tells us that he has not yet received it. Further, when he was moved to cell 
without water on the floor, the little discovery he did have, was "lost." He 
has never been given the document I previously mentioned, work product 
created by our office on which he made notes. It was out on his bed when 
he the cell phone was seized. 
Nick still hasn't been given any of the books he had nor has he received the 
books recently mailed to him and received by the facility. He now has a cell 
mate, someone to talk to, which has improved his emotional state, but he 
should have reading material and access to his discovery and legal work. 
I understand that other than visits, Nick has been locked in his cell 24 hours a 
day without time for recreation or to go to the library. If this is part of his 
punishment, it seems harsh. 
Again, I know that Nick is in SHU because of the cell phone, but he is still 
entitled to humane conditions, reading material and reasonable access to his 
legal team. 
Bruce A. Barket, Esq. 
Barket Epstein Kearon Aldea & LoTurco, LLP 
666 Old Country Road , Ste. 700 
Garden Ci 
NY 11530 
[P1 
[F] 
www.barketepstein.com 
This transmittal may be a confidential attorney client communication or may 
otherwise be privileged or confidential. If it is not clear that you are the intended 
recipient, you are hereby notified that you have received this transmittal in error; 
any review. dissemination. distribution or copying of this transmittal is strictly 
Page 13199 
EFTA00043710

prohibited. If you suspect that you have received this communication in error, 
please notify us immediately by telephone or email and immediately delete this 
message and all its attachments 
Page 13200 
EFTA00043711

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Page 13204 
EFTA00043715

Fwd: RE: Tartaglione 
From 
To 
Date 
2019/07/19 07:22 
Subject: 
Fwd: RE: Tartaglione 
Attachments: 
TEXT.htm 
Good morning all, 
Per the below list of complaints please look into the following: 
Facilities - can you look into the alleged leak in his cell, no. 201-106? 
Safety - can you let me know the last time 9 South had pest control? 
SIS - can you follow up with FBI on his incident report? Can you also look into whether the alleged rodent 
on his bed might have been his cellmate accusing him of being an snitch? 
SHU - can you swap out his books? Can you check on the lights in his cell? Was his paper discovery 
located? Is he claiming he is still missing any? 
Thanks all, 
Supervisory Staff Attorney 
CLC New York 
Metropolitan Correctional Center 
150 Park Row 
New York, New York 10007 
fria
l
> » Bruce Barket < 
> 7/19/2019 6:39 AM > » 
Good morning, 
I was able to see Nick last night. Thank you for arranging a room for him. He reports that he has not 
had his hearing yet and the conditions in his cell remain the same. He was told by a guard that he is 
going to be denied visits, phone calls and commissary for a year, in addition to being held in SHU for 90 
days. Water is constantly leaking into the cell, which he now shares with another inmate. He still has 
not received the updated discovery hard drive. He has only been given three short books which he 
read several times, despite having new books sent to him (we have the receipts indicating that MCC has 
received them). He does not have the paper discovery he had prior to being placed in SHU. Recently, 
hp fni Intl a ripari rndont in hic hod Annarontiv hp arrirlontly cmnthprpri it whilo cippnino Tho liohtc in 
Page 13205 
EFTA00043716

Yr. 
I • 
t -... 0
the cell are frequently off during the day and on at night. 
I understand that the cell phone justifies some sanction, but the troubling conditions in the cell should 
be rectified. Lastly, I hope the guard who told Nick about his punishment is mistaken. 
Bruce A. Barket, Esq. 
Barket Epstein Kearon Aldea & LoTurco, LLP 
666 Old Country Road , Ste. 700 
Garden Cit , NY 11530 
[P] 
[F] 
www.barketepstein.com 
This transmittal may be a confidential attorney client communication or may otherwise be privileged or 
confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received 
this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly 
prohibited. If you suspect that you have received this communication in error, please notify us immediately by 
telephone or email and immediately delete this message and all its attachments 
From: 
Sent: Monday, Jul 
To: Bruce Barket; 
Cc: tonyricco 
[mailto 
15. 2019 3:48 PM 
Subject: Re: Tartaglione 
Bruce, 
; Aida Leisenring; 
My apologies for the delay yesterday. The institution was short-staffed, and they were actively 
finding personnel to process you in the lobby and to oversee the attorney conference room area. If you 
experience any delays on the weekends, please ask to speak to the Duty Officer and/or the Operations 
Lieutenant as they were aware of the visit and could have expedited your admission to the facility. They also 
could have called me at home to resolve any issues. Likewise, if
 are visiting during the week and we have 
made arrangements to expedite your visits, please contact 
and me if there are any delays so we 
can facilitate matters immediately. Please also let us know when you meet in an attorney conference room 
that has a non-working computer so that we can have Computer Services fix it expeditiously. We continue to 
work to address Mr. Tartaglione's complaints, so please let us know if there are outstanding issues that have 
not yet been appropriately addressed. 
Thank you, 
> » Bruce Barket < 
> 7/14/201911:55 AM > » 
While I do appreciate your effort, for reasons that aren't entirely clear to me, the personal seem unable to 
allow Nick reasonable access to his lawyers. 
Today, I arrived at the faculty at 7:56. I was told "not until 8:00" by the guard in the booth. At 8:00 I was told 
"we will let you know. We are waiting for relief." I waited outside for 35 minutes. 
Page 13206 
EFTA00043717

(I am lucky to be healthy, as I was forced to stand because the waiting area was inexplicably locked). I finally 
got to see Nick just after 9:00, less than 30 minutes before the cut off to leave before the count. 
Unfortunately, this is not a recent problem. Long delays, unexpected closures of the facility and lockdowns 
have all occurred frequently since Mr. Tartaglione was first arrested, over 3 years ago and have significantly 
hampered our ability to communicate with our client, who is facing the death penalty. 
Because the BOP has chosen to monitor emails and phone calls between Lawyers and their clients, we are 
forced to meet with Nick to discuss every aspect of the case, even relatively benign things that typically 
could be handled with a quick call or a short email. 
As you know, I have been writing about these problems, speaking to you and bringing the issues to the 
attention of Judge Karas over the course of the years of Nick's Pretrial detention. 
On a personal note, this was a particularly frustrating day because I again took time away from my family on 
a Sunday to drive into NYC with anticipation that would be able to leave at 9:30. Today's trip, as you know, 
was necessary because Ms. Leisenring and I arrived on Thursday at 7:55 but were not permitted to see our 
client until 9:30. 
These obstacles to meeting with our client are systemic and do not appear to be correctable without 
significant changes in how the BOP operates the faculty. The rooms for visiting have computers that are 
frequently broken, there are not enough rooms to accommodate the number of lawyers attempting to see 
their clients (several hours of delays are routine for any lawyer who doesn't arrive before 8:00), the staff 
frequently delays the opening of legal visiting but never extends the closing time, once in a room, a lawyer 
can expect to wait for their client to be produced from 10-15 minutes to hours and of course at times the 
facility simply closes and refuses visits all together. 
The USA's office has advised that the Marshal's have refused our request to transfer Mr. Tartaglione to 
Nassau County and despite my inquiry about other options, have not offered any alternative. 
The conditions under which Mr. Tartaglione Are being held continue to be problematic, to say the least. 
There is again water in his cell and the other issues, which I have written about a number of times but won't 
detail again here, persist. 
I don't think anyone understands what it is like to be locked in a windowless box all day, everyday with 
limited human contact and virtually no contact with family or friends. People can't survive like that for very 
long. Cell phone or not, the conditions in SHU are deplorable. Discussing the issues surrounding his 
complex death penalty case has become nearly impossible. Whether intentional or accidental, the MCC is 
breaking Mr. Tartaglione's ability to defend the charges and prepare for trial. 
I am open to any solution 
Bruce Barket 
Barket, Epstein, Kearon, Aldea & LoTurco 
666 Old Country road 
Garden Ci , NY 11530 
- 
- M 
Barket Epstein.com 
Page 13207 
EFTA00043718

On Jul 12, 2019, at 4:01 PM, 
(USANYS) ‹
> wrote: 
I just spoke with the Marshals, and they advised that it is not feasible to move him to 
Nassau. 
Assistant United States Attorney 
From: Bruce Barket 
Sent: Frida Jul 12, 2019 3:22 PM 
To: 
USANYS 
Cc: 
ton 
Subject: Re: Tartaglione conditions/visits 
Jason, 
Thanks for the update. Any word on having him moved? 
Bruce Barket 
Barket, Epstein, Kearon, Aldea & LoTurco 
666 Old Country road 
Garden Ci , NY 11530 
- 
-M 
Barket Epstein.com 
On Jul 12, 2019, at 3:17 PM, 
wrote: 
(USANYS)<
> 
Bruce — With respect to the hard drive for Mr. Tartaglione, your office 
correct) sent it to our White Plains office but addressed the package to 
(instead of our paralegal a. 
As a result the security 
officers in White Plains sent the hard drive downtown to 
and we 
had to then interoffice it back up to White Plains, which is what caused the 
delay. We are working on loading all of the discovery now. 
Assistant United States Attorney 
From: 
Sent: Friday, July 12 2019 3:13 PM 
To: Bruce Barket 
Cc: ton 
>; Aida Leisenring 
USANYS1 
Page 13208 
EFTA00043719

Subject: Re: Tartaglione conditions/visits 
Good afternoon Bruce, 
We apologize for the delays you experienced yesterday. We have spoken to 
the SHU Lieutenant and have received assurances he will have staff bring him 
to attorney conference in advance of your future meetings to allow him to 
review discovery until you get there. He will extend the same courtesy to the 
other members of your defense team with appropriate advance notice. 
The SHU Lieutenant is meeting with Mr. Tartaglione today to discuss his 
personal property, including but not limited to his books and legal work, as 
well as recreation and law library access. Policy ordinarily limits inmates to 
having only 5 books in their possession, in both general population and in 
SHU. The SHU Lieutenant reviewed his books and advised he can maintain 
five in his cell and seventeen in reserve in his stored personal property, but 
that the other one hundred and fifty-one books would have to be mailed 
home. Mr. Tartaglione will be informed of this and given the opportunity to 
choose which books to keep. The SHU Lieutenant reports that Mr. 
Tartaglione was provided his legal work other than the hard drives that are 
currently in the Education Department, which will be brought to SHU to be 
maintained there for his review while housed there. If there is any legal work 
still missing, please advise so it can be located. 
Regarding recreation, I am told he has not responded in the affirmative when 
recreation is offered in the morning, but the SHU Lieutenant will remind him 
of those procedures. Likewise, the SHU Lieutenant will go over law library 
request procedures which involve him submitted written requests to use the 
SHU law library. 
I will update you as soon as I get more information. 
Thank you, 
Supervisory Staff Attorney 
CLC New York 
Metropolitan Correctional Center 
150 Park Row 
New York, New York 10007 
Pi= 
> » Bruce Barket < 
> 7/12/2019 6:16 AM > » 
Good morning, 
First, thank you for the time you have devoted to both speaking to us about 
these issues and the work you have put in trying to alleviate the problems. 
Unfortunately, despite your efforts the problems with the conditions Nick 
endures and the difficulty in visiting him persist. 
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Aida and I met with Nick yesterday, for only about 20-30 minutes. Although 
we arrived at the facility at 7:55 and although 
was kind enough to 
set up a room for us, Nick was not brought down until almost 9:30. We were 
allowed upstairs at about 8:15, just when the guard for the room had just 
arrived . This is a frequent problem. It seems that room is often not staffed 
on time. So, when lawyers arrive at 8:00 they get a room, but have to wait 
until that guard arrives. This is particularly troubling on the weekends when 
there is a 10:00 count and you have to either stay until 11:00 or get out by 
9:30. Yesterday the officer in the room told us it would "be a while" before 
inmates from SHU would be brought down. Indeed it was "a while" as we sat 
for over an hour. We left just before 10:00 and were both late for our next 
appointment, mine a hearing in state court. We were not able to cover the 
ground we needed to with Nick and now have to return in the next few days 
when I fear the process will repeat itself. 
This week several members of the defense team have waited hours to see 
Nick. On Monday our investigator waited 2 hours and on Tuesday one of our 
mitigations specialists also waited 2 hours. Aida and I were Lucky in that we 
only waited about 75 minutes. We simply cannot effectively represent our 
client with these kind of delays. 
I believe we delivered a hard drive to the USA's office over a week ago. Nick 
tells us that he has not yet received it. Further, when he was moved to cell 
without water on the floor, the little discovery he did have, was "lost." He 
has never been given the document I previously mentioned, work product 
created by our office on which he made notes. It was out on his bed when 
he the cell phone was seized. 
Nick still hasn't been given any of the books he had nor has he received the 
books recently mailed to him and received by the facility. He now has a cell 
mate, someone to talk to, which has improved his emotional state, but he 
should have reading material and access to his discovery and legal work. 
I understand that other than visits, Nick has been locked in his cell 24 hours a 
day without time for recreation or to go to the library. If this is part of his 
punishment, it seems harsh. 
Again, I know that Nick is in SHU because of the cell phone, but he is still 
entitled to humane conditions, reading material and reasonable access to his 
legal team. 
Bruce A. Barket, Esq. 
Barket Epstein Kearon Aldea & LoTurco, LLP 
666 Old Country Road , Ste. 700 
Garden Ci 
NY 11530 
[P1 
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www.barketepstein.com 
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