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Page 13453
EFTA00043964
Mail Attachment
Epstein, Jeffrey Edward, Reg. No. 73618-054_1.docx
Page 13454
EFTA00043965
Suicide Timeline re: Epstein, Jeffrey Edward, Reg. No. 73618-054
Friday, August 9, 2019
8:00 am inmate Reyes Efrain, Reg. No. 85993-054 departs for court
(WAB-USMS-SDNY). Reyes is Epstein's cellmate.
8:30 am inmate Epstein arrives in Attorney Conference. He is
visited by several attorneys throughout the day.
6:45 pm inmate Epstein departs attorney conference and returns to
SHU
7:00 pm inmate Epstein provided a social call by IDO. IDO reports
inmate Epstein was in good spirits, nothing unusual.
7:32 am PIO notified of incident by the Warden
***Inmate Reyes is released from court and does not return to the
institution.
Saturday, August 10, 2019
6:33 am body alarm activated in SHU. Staff found inmate Epstein
unresponsive in cell. Staff reported to bedside of inmate and
attempted to wake him. Control announced medical emergency. CPR
initiated
6:35 am medical staff (on duty PA) on site, CPR already in
progress medical staff continues CPR and AED applied on inmate.
Control called for ambulance
6:40 am
, AW notified
6:45 am EMS arrives, paramedics continue CPR. Inmate Epstein
remains unresponsive. Inmate Epstein is intubated, given three
rounds of Epinephrine, IV access started, IC) initiated. No pulse
found, no shock advised, inmate prepared for transport to local
hospital.
7:10 am EMS departs institution enroute to Beekman Hospital.
7:19 am USMS notified of incident.
7:20 am SIS Lt notified.
7:30 am
, Warden arrives at institution.
, AW
notified.
7:36 am official time of death reported by ER physician.
7:40 am Acting Chief Psychologist notified.
8:00 am
and Captain arrive at institution.
8:10 am SIS Lt arrives at institution.
8:10 am CMC and SCSS notified.
8:34 am FBI notified.
9:00 am AUSA notified.
9:00 am C.
arrives at institution.
EFTA00043966
9:00 am SIS Lt. reports to SHU. Interviews will be conducted with
inmates assigned to tier.
9:15 am CMC arrives at institution.
9:30 am Acting Chief Psychologist arrived to the institution.
9:50 am SCSS arrives at institution.
9:55 am CMC and IDO depart institution enroute to Beekman
Hospital.
10:00 am CMC and IDO arrive at Beekman Hospital, fingerprints and
photographs taken of inmate Epstein. Inmate clothing secured and
brought back to institution.
10:00 am Judge Berman notified.
10:15 am CMC return to institution.
10:45 am PIO arrived to the institution.
11:00 am next of kin (brother) notified by Case Management
Coordinator.
11:12 am press release is released to media.
11:15 am press release provided to Judge Berman.
11:15 am CST activated.
12:15 pm body release to Medical Examiner (ME) for autopsy
12:19 pm FBI arrives.
1:35 pm FBI arrives in Special Housing Unit.
1:40 pm OIG notified by the Warden and they will be sending an
Agent to NYM.
2:15 pm CST debrief conducted.
2:45 pm OIG arrived in Special Housing Unit (SHU).
3:45 pm OIG and FBI departed from SHU.
5:05 pm OIG/FBI departed MCC New York.
EFTA00043967
Fwd: Psych Reconst Response - Epstein #76318-054.pdf
From
To
Date
Subject:
Attachments:
2019/12/30 09:12
Fwd: Psych Reconst Response - Epstein #76318-054.pdf
TEXT.htm, Psych Reconst Response - Epstein #76318-054.pdf
please set up a meeting to go over these issues next week.
Thank you
> » BOP-RSD/Assistant Director- 12/27/2019 9:08 AM > »
Please see attached.
Page 13457
EFTA00043968
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EFTA00043969
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EFTA00043970
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Page 13460
EFTA00043971
Mail Attachment
Psych Reconst Response - Epstein #76318-054.pdf
Page 13461
EFTA00043972
U.S. Department of Justice
Federal Bureau of Prisons
Reentry Services Division
Washington, DC 20534
DEC 2 7 2019
, REGIONAL DIRECTOR
FROM:
SUBJECT:
gFi J.
,
s tant Director
Reentry Services Division
Institution Response
Psychological Reconstruction
Inmate Epstein, Jeffrey (76318-054)
I have reviewed the Institution Response dated November 19, 2019, to
the Psychological Reconstruction of an inmate suicide involving
Jeffrey Epstein (76318-054).
Some of the corrective actions and plans for implementation outlined
in the response are unclear or insufficient. Please review the
feedback provided and revise your response accordingly. An updated
Institution Response is due to me within thirty (30) days of your
receipt of this memorandum.
If you have questions or concerns, please feel free to contact me at
I appreciate your assistance with this matter.
EFTA00043973
Institution Response Feedback
MCC New York
Epstein, Jeffrey (Reg. No. 76318-054)
Issue 1: Single Calling - Corrective Measure Accepted
The local guidelines provide a reasonable system of control to
monitor the single-ceiling of inmates in the Special Housing Unit.
National guidelines for single ceiling in the Special Housing Unit
have been incorporated into national policy and will soon be
released. Please reference these generally with a plan to
incorporate.
Issue 2: 30 Minute Rounds
The substance of the two hour Captain video review and six hour IDO
video review is unclear. Please clarify the requirement for the
Captain and IDO. Additionally, please identify the documentation
used to maintain accountability of the reviews.
Issue 3: Cellmate Assignments
Documentation exists reflecting the role of the local Psychology
Services department in communicating the importance of Mr. Epstein's
status as a sex offender with specific needs to the Associate
Warden. This includes consultation with the Psychology Services
Branch in Central Office. The communication chain and decision
making of Executive Staff lacks transparency as there is no
documentation of the process or staff members present when decisions
were made about the housing of Mr. Epstein. After the fact
explanations may not accurately reflect what occurred.
Psychology Services was not adequately represented in the decision
making of Executive Staff. Please establish a plan to increase the
input of a psychologist in placement decisions for vulnerable
inmates.
Issue 4: Documentation Accuracy
Professional responsibility requires taking into account multiple
descriptions of an incident as noted in your response. However,
when discrepancies exist these should be compiled and noted in
documentation to decrease the likelihood of conflicting conclusions.
As noted in the reconstruction report, an incident report must be
written within 24 hours of having the information that an inmate
likely violated BOP rules. An incident report was written for Mr.
Epstein prior to a determination of whether he engaged in self-
directed violence or was assaulted on July 23, 2019. Staff had
ample time to wait for the outcome of the SIS investigation of this
incident. The incident report presumed self-directed violence,
although SIS was not able to determine whether this incident was
self-directed violence or an assault. Generating the incident
EFTA00043974
report for self-directed violence is evidence of a local bias about
the July 23, 2019 incident that still exists amongst some staff at
MCC New York. Preconceived notions challenge the ability to remain
open about alternative explanations, and subsequent systemic changes
may be needed.
Please develop and provide local training for all staff that at a
minimum reviews the time frame for writing incident reports and
offers guidance when there is not clear evidence of an infraction.
Include an outline of the training and evidence of staff who
attended the training.
Typographical Errors - Corrective Measure Accepted
Medical Intake Screening - Response Accepted
Suicide Watch Log Book - Corrective Measure Accepted
BP 292s - Corrective Measure Accepted
Psychology Observation - Corrective Measure Accepted
Issue 5: Telephone Calls
As noted in the response, there is a lack of documentation to
substantiate that a lieutenant facilitated two telephone calls to
Mr. Epstein. However, this does not address the report of two
telephone calls being provided. This response implies that the
reporting of two staff members is inaccurate.
The response neglects the documented telephone call to Mr. Epstein's
deceased mother.
Issue 6: Direct Observation
Corrective Measure Accepted
Issue 7: Follow-Up
Please provide documentation for the follow up training provided to
staff detailing the content of the training and to whom it was
provided.
Issue 8: Inmate Accountability and Assignment Accuracy
Periodic and unannounced checks are now conducted in SHU to
determine pp30 assignments and actual inmate placement match.
Please provide an operational definition of periodic. Please do the
same for routine, as it relates Executive Staff bed book counts in
all units. Where will the periodic and routine reviews be
documented and will they include the identity (e.g., name and title)
of staff who complete them?
EFTA00043975
Issue 9: Attorney Log Books
Please provide a copy of the log book audit.
Issue 10: Automatic External Defibrillators
The response states the reconstruction team reviewed an old and
outdated list from January 8, 2018. It is important to note this
list was provided to the reconstruction team by institution staff.
Provision of inaccurate documentation may reflect systemic issues
related to collecting, maintaining, and sharing relevant
documentation.
Corrective Measure Accepted
Issue 11: Post Orders & SIM Training
Corrective Measure Accepted
Issue 12: Staffing
Corrective Measure Accepted
Issue 13: Sex Offense Risk Factors
Psychologists are subject matter experts in sex offender risk
factors and they play a crucial role in sharing this knowledge
through traditional settings such as ICT, AT, and institutional
meetings. However, Executive Staff play a pivotal role in
establishing and addressing institutional culture and promoting and
participating in training. A lack of a broad understanding of sex
offender specific risk factors requires an intentional training
approach led by Executive Staff. They must be out front talking
about inmates with a sex offense, expressing an understanding of sex
offender dynamics, modeling agency condoned expectations for the
understanding and treatment of inmates with a sex offenses, and
assisting with institutional trainings. These practices encourage a
broader acceptance by line staff.
EFTA00043976
Updated Timeline-Epstein, Jeffrey Edward, Reg. No. 73618-054_1
From
To
Date
2019/08/10 17:35
Subject:
Updated Timeline-Epstein, Jeffrey Edward, Reg. No. 73618-054_1
Attachments:
TEXT.htm, Epstein, Jeffrey Edward, Reg. No. 73618-054_1.docx
Please see the attached.
Thank you
Page 13466
EFTA00043977
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Page 13469
EFTA00043980
Mail Attachment
Epstein, Jeffrey Edward, Reg. No. 73618-054_1.docx
Page 13470
EFTA00043981
Suicide Timeline re: Epstein, Jeffrey Edward, Reg. No. 73618-054
Friday, August 9, 2019
8:00 am inmate Reyes Efrain, Reg. No. 85993-054 departs for court
(WAB-USMS-SDNY). Reyes is Epstein's cellmate.
8:30 am inmate Epstein arrives in Attorney Conference. He is
visited by several attorneys throughout the day.
6:45 pm inmate Epstein departs attorney conference and returns to
SHU
7:00 pm inmate Epstein provided a social call by IDO. IDO reports
inmate Epstein was in good spirits, nothing unusual.
7:32 am PIO notified of incident by the Warden
***Inmate Reyes is released from court and does not return to the
institution.
Saturday, August 10, 2019
6:33 am body alarm activated in SHU. Staff found inmate Epstein
unresponsive in cell. Staff reported to bedside of inmate and
attempted to wake him. Control announced medical emergency. CPR
initiated
6:35 am medical staff (on duty PA) on site, CPR already in
progress medical staff continues CPR and AED applied on inmate.
Control called for ambulance
6:40 am
, AW notified
6:45 am EMS arrives, paramedics continue CPR. Inmate Epstein
remains unresponsive. Inmate Epstein is intubated, given three
rounds of Epinephrine, IV access started, IC) initiated. No pulse
found, no shock advised, inmate prepared for transport to local
hospital.
7:10 am EMS departs institution enroute to Beekman Hospital.
7:19 am USMS notified of incident.
7:20 am SIS Lt notified.
7:30 am
, Warden arrives at institution.
, AW
notified.
7:36 am official time of death reported by ER physician.
7:40 am Acting Chief Psychologist notified.
8:00 am
and Captain arrive at institution.
8:10 am SIS Lt arrives at institution.
8:10 am CMC and SCSS notified.
8:34 am FBI notified.
9:00 am AUSA notified.
9:00 am C.
arrives at institution.
EFTA00043982
9:00 am SIS Lt. reports to SHU. Interviews will be conducted with
inmates assigned to tier.
9:15 am CMC arrives at institution.
9:30 am Acting Chief Psychologist arrived to the institution.
9:50 am SCSS arrives at institution.
9:55 am CMC and IDO depart institution enroute to Beekman
Hospital.
10:00 am CMC and IDO arrive at Beekman Hospital, fingerprints and
photographs taken of inmate Epstein. Inmate clothing secured and
brought back to institution.
10:00 am Judge Berman notified.
10:15 am CMC return to institution.
10:45 am PIO arrived to the institution.
11:00 am next of kin (brother) notified by Case Management
Coordinator.
11:12 am press release is released to media.
11:15 am press release provided to Judge Berman.
11:15 am CST activated.
12:15 pm body release to Medical Examiner (ME) for autopsy
12:19 pm FBI arrives.
1:35 pm FBI arrives in Special Housing Unit.
1:40 pm OIG notified by the Warden and they will be sending an
Agent to NYM.
2:15 pm CST debrief conducted.
2:45 pm OIG arrived in Special Housing Unit (SHU).
3:45 pm OIG and FBI departed from SHU.
5:05 pm OIG/FBI departed MCC New York.
EFTA00043983
Fwd: Psych Reconst Response - Epstein #76318-054.pdf
From
To
Date
Subject:
Attachments:
2019/12/30 09:12
Fwd: Psych Reconst Response - Epstein #76318-054.pdf
TEXT.htm, Psych Reconst Response - Epstein #76318-054.pdf
please set up a meeting to go over these issues next week.
Thank you
> » BOP-RSD/Assistant Director- 12/27/2019 9:08 AM > »
Please see attached.
Page 13473
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Page 13476
EFTA00043987
Mail Attachment
Psych Reconst Response - Epstein #76318-054.pdf
Page 13477
EFTA00043988
U.S. Department of Justice
Federal Bureau of Prisons
Reentry Services Division
Washington, DC 20534
DEC 2 7 2019
, REGIONAL DIRECTOR
FROM:
SUBJECT:
gFi J.
,
s tant Director
Reentry Services Division
Institution Response
Psychological Reconstruction
Inmate Epstein, Jeffrey (76318-054)
I have reviewed the Institution Response dated November 19, 2019, to
the Psychological Reconstruction of an inmate suicide involving
Jeffrey Epstein (76318-054).
Some of the corrective actions and plans for implementation outlined
in the response are unclear or insufficient. Please review the
feedback provided and revise your response accordingly. An updated
Institution Response is due to me within thirty (30) days of your
receipt of this memorandum.
If you have questions or concerns, please feel free to contact me at
I appreciate your assistance with this matter.
EFTA00043989
Institution Response Feedback
MCC New York
Epstein, Jeffrey (Reg. No. 76318-054)
Issue 1: Single Calling - Corrective Measure Accepted
The local guidelines provide a reasonable system of control to
monitor the single-ceiling of inmates in the Special Housing Unit.
National guidelines for single ceiling in the Special Housing Unit
have been incorporated into national policy and will soon be
released. Please reference these generally with a plan to
incorporate.
Issue 2: 30 Minute Rounds
The substance of the two hour Captain video review and six hour IDO
video review is unclear. Please clarify the requirement for the
Captain and IDO. Additionally, please identify the documentation
used to maintain accountability of the reviews.
Issue 3: Cellmate Assignments
Documentation exists reflecting the role of the local Psychology
Services department in communicating the importance of Mr. Epstein's
status as a sex offender with specific needs to the Associate
Warden. This includes consultation with the Psychology Services
Branch in Central Office. The communication chain and decision
making of Executive Staff lacks transparency as there is no
documentation of the process or staff members present when decisions
were made about the housing of Mr. Epstein. After the fact
explanations may not accurately reflect what occurred.
Psychology Services was not adequately represented in the decision
making of Executive Staff. Please establish a plan to increase the
input of a psychologist in placement decisions for vulnerable
inmates.
Issue 4: Documentation Accuracy
Professional responsibility requires taking into account multiple
descriptions of an incident as noted in your response. However,
when discrepancies exist these should be compiled and noted in
documentation to decrease the likelihood of conflicting conclusions.
As noted in the reconstruction report, an incident report must be
written within 24 hours of having the information that an inmate
likely violated BOP rules. An incident report was written for Mr.
Epstein prior to a determination of whether he engaged in self-
directed violence or was assaulted on July 23, 2019. Staff had
ample time to wait for the outcome of the SIS investigation of this
incident. The incident report presumed self-directed violence,
although SIS was not able to determine whether this incident was
self-directed violence or an assault. Generating the incident
EFTA00043990
report for self-directed violence is evidence of a local bias about
the July 23, 2019 incident that still exists amongst some staff at
MCC New York. Preconceived notions challenge the ability to remain
open about alternative explanations, and subsequent systemic changes
may be needed.
Please develop and provide local training for all staff that at a
minimum reviews the time frame for writing incident reports and
offers guidance when there is not clear evidence of an infraction.
Include an outline of the training and evidence of staff who
attended the training.
Typographical Errors - Corrective Measure Accepted
Medical Intake Screening - Response Accepted
Suicide Watch Log Book - Corrective Measure Accepted
BP 292s - Corrective Measure Accepted
Psychology Observation - Corrective Measure Accepted
Issue 5: Telephone Calls
As noted in the response, there is a lack of documentation to
substantiate that a lieutenant facilitated two telephone calls to
Mr. Epstein. However, this does not address the report of two
telephone calls being provided. This response implies that the
reporting of two staff members is inaccurate.
The response neglects the documented telephone call to Mr. Epstein's
deceased mother.
Issue 6: Direct Observation
Corrective Measure Accepted
Issue 7: Follow-Up
Please provide documentation for the follow up training provided to
staff detailing the content of the training and to whom it was
provided.
Issue 8: Inmate Accountability and Assignment Accuracy
Periodic and unannounced checks are now conducted in SHU to
determine pp30 assignments and actual inmate placement match.
Please provide an operational definition of periodic. Please do the
same for routine, as it relates Executive Staff bed book counts in
all units. Where will the periodic and routine reviews be
documented and will they include the identity (e.g., name and title)
of staff who complete them?
EFTA00043991
Issue 9: Attorney Log Books
Please provide a copy of the log book audit.
Issue 10: Automatic External Defibrillators
The response states the reconstruction team reviewed an old and
outdated list from January 8, 2018. It is important to note this
list was provided to the reconstruction team by institution staff.
Provision of inaccurate documentation may reflect systemic issues
related to collecting, maintaining, and sharing relevant
documentation.
Corrective Measure Accepted
Issue 11: Post Orders & SIM Training
Corrective Measure Accepted
Issue 12: Staffing
Corrective Measure Accepted
Issue 13: Sex Offense Risk Factors
Psychologists are subject matter experts in sex offender risk
factors and they play a crucial role in sharing this knowledge
through traditional settings such as ICT, AT, and institutional
meetings. However, Executive Staff play a pivotal role in
establishing and addressing institutional culture and promoting and
participating in training. A lack of a broad understanding of sex
offender specific risk factors requires an intentional training
approach led by Executive Staff. They must be out front talking
about inmates with a sex offense, expressing an understanding of sex
offender dynamics, modeling agency condoned expectations for the
understanding and treatment of inmates with a sex offenses, and
assisting with institutional trainings. These practices encourage a
broader acceptance by line staff.
EFTA00043992
Google Alert - Federal Bureau of Prisons
From
Google Alerts
To
Date
2019/08/28 13:1 I
Subject:
Google Alert - Federal Bureau of Prisons
Attachments: TEXT.htm, Mime.822
Federal Bureau of Prisons
.j ust 28, 2019
NEWS
Democratic Women's Caucus calls on Congress to
investigate Jeffrey Epstein's death
CBS News
Barr later announced the removal of the acting director of the Federal Bureau of
Prisons from his position after Epstein's death. Up to 30 of Epstein's ...
Jeffrey Epstein 'is a coward' whose jail suicide 'robbed' victims of their day in court, accuser says -
CNBC
Jeffrey Epstein hearing: Accusers pour out their anger in court - Los Angeles Times
'Coward': Epstein accusers pour out their anger in court - KOLD
Fiji Coverage
Flag as irrelevant
US death row prisoner files for stay of execution
Terre Haute Tribune Star
Purkey, 67, formerly of Lansing, Kansas, is on federal death row in Terre Haute, which houses the only
Bureau of Prisons federal execution chamber ...
CESAL: I Never Smoked Marijuana — But I'm Serving Life In Prison Over A
Marijuana Charge
The Daily Caller
"I sentence you to a term of natural life imprisonment, without the possibility of ... I imagine I can learn
from the Federal Bureau of Prison's paycheck ...
Former Google engineer charged with trade secrets theft
wgxa.tv
The indictment filed Tuesday by the U.S. Attorney's office in San Jose, .... Trump Justice Department,
which oversees the Federal Bureau of Prisons, ...
Page 13482
EFTA00043993
Flag as irrelevant
Correctional Officer (Senior Officer Specialist) Job in Victorville, California -
Department of Justice
LemonWire
The United States govemment is a massive employer, and is always looking for qualified candidates to
fill a wide variety of open employment
You have received this email because you have subscribed to Google Alerts.
Unsubscribe
Receive this alert as RSS feed
Send Feedback
Page 13483
EFTA00043994
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Page 13487
EFTA00043998
Sent:
Wed, 28 Aug 2019 10:09:26 -0700
Subject:
Google Alert - Federal Bureau of Prisons
From:
Goo gl Alerts < ooglealerfs-noreply@google.00m>
To:
Federal Bureau of Prisons
NEWS
Democratic Women's Caucus calls on Congress to investigate Jeffrey Epstein's death
CBS News
Barr later announced the removal of the acting director of the Federal Bureau of Prisons from his position after Epstein's
death. Up to 30 of Epstein's ...
Jeffrey Epstein 'is a coward' whose jail suicide 'robbed' victims of their day in court, accuser says - CNBC
Jeffrey Epstein hearing: Accusers pour out their anger in court - Los Angeles Times
'Coward': Epstein accusers pour out their anger in court - KOLD
Full Coverage
Flag as are'evarg
US death row prisoner files for stay of execution
Terre Haute Tribune Star
Purkey, 67, formerly of Lansing, Kansas, is on federal death row in Terre Haute, which houses the only Bureau of Prisons
federal execution chamber ...
• •
CESAL: I Never Smoked Marijuana — But I'm Serving Life In Prison Over A Marijuana
Charge
The Daily Caller
1 sentence you to a term of natural life imprisonment, without the possibility of ... I imagine I can learn from the Federal
Bureau of Prison's paycheck ...
• IM
Former Google engineer charged with trade secrets theft
wgxa.tv
The indictment filed Tuesday by the U.S. Attorney's office in San Jose, .... Trump Justice Department, which oversees the
Federal Bureau of Prisons. ...
•
Correctional Officer (Senior Officer Specialist) Job in Victorville, California — Department of
Justice
LemonWire
The United States government is a massive employer, and is always looking for qualified candidates to fill a wide variety of
open employment ...
IN III
EFTA00043999
You have received this email because you have subscribed to Google Alerts.
Unsubscribe
Receive this alert as RSS teed
Send Feedback
EFTA00044000
Fwd: RE: Tartaglione Sunday's attempt
From
To
Date
2019/07/19 07:22
Subject:
Fwd: RE: Tartaglione Sunday's attempt
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
f.
»> Bruce Barket <bbarket@barketepstein.com> 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 clopnino Thp liohtc in
Page 13490
EFTA00044001
Yr.
I •
•• I
-0
the cell are frequently off during the day and on at night. Nick has asked to be given medication to treat
his increased depression and anxiety. His mental health is diminishing rapidly.
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 Ci , NY 11530
[P1 (516) 745 1245 [F]
www.barketeostein.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:
Cc:
[mailto
15. 2019 3:48 PM
Bruce,
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
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 <bbarket@barketepstein.com> 7/14/2019 11:55 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 13491
EFTA00044002
(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 13492
EFTA00044003
On Jul 12, 2019, at 4:01 PM, O)
<O>
wrote:
I just spoke with the Marshals, and they advised that it is not feasible to move him to
Nassau.
Assistant United States Attorney
To:
Cc:
>;
tonyricco (tonyriccoPaol.corn) Conyriccoaaol.comy Aida Leisenrin
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,
c
>
wrote:
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:
Cc: tonyricco (tonyriccoPaol.com) <tonyriccolthaol.com>; Aida Leisenring
Page 13493
EFTA00044004
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
> » Bruce Barket <bbarket(@barketepstein.com> 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 13494
EFTA00044005
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
[P] (516) 745 1245 [Fl
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 13495
EFTA00044006
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 13496
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Page 13500
EFTA00044011
Re: Fed: counsel basing difficult) meeting with client
From
To
Date
2019/07/07 20:49
Subject:
Re: Fwd: counsel having difficulty meeting with
client
Attachments:
TEXT.htm
Page 13501
EFTA00044012
Copy,1 will pass the information to the Lieutenants
Captain
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
OfficebeW
m
Black
>>>
> 7/7/2019 6:S8 PM »>
Sent horn my vemon Samsung Galaxy worn:none
messate
From
To:
liNM/Deutenants
07/07/2019 18:22 > »
I have verified Martin Weinberg is an attorney in good standing in Massachusetts. He is permitted to visit Jeffrey Epstein.Sent from my Verizort Samsung Galaxy smartphoi
</drv> <diva
</div>
originalMessage --> <div>
Original message
</div <thy a From
</dry>
»
> 07/07/2019 18:18 »>
Massachusetts
Front
Sent Stand .M 07.201918:18
TO:
Sony. just seeing this now. Where is he barred?
Sent from my Verizon Samsung Galaxy smartphone
Ori ir
From
i
Subject. RE: counsel having difficulty meeting with client
<re,
> > >
"07/07/2019 17:36 > »
maitto:
<Mr"
With apologies for the weekend email, we have a defendant, Jeffrey Epstein who was arrested last night and is currently being detained at MCC, and is expected to be pres
of-state
We're concerned about the defendant not having access to his attorney in advance of the presentment (as we would be for any defendant) and so I wanted to reach out to
thanks very much,
Page 13502
EFTA00044013
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Page 13504
EFTA00044015
Noteworthy News Articles 8-28-2019
From
To
Date
2019/08/28 08:52
Subject:
Noteworthy News Articles 8-28-2019
Attachments:
TEXT.htm
Page 13505
EFTA00044016
Pretrial Inmate Died by Suicide in Miami's Federal Detention Center, BOP Confirms
Miami New Times
https://www.miaminewtimes.com/news/miami-federal-inmates.ommits-suicide-bureau-of-prisons-confirms-
112 52767
Pedro Rene Gonzalez had been sitting in Miami's Federal Detention Center (FDC Miami) awaiting trial on
weapons charges since December 18, 2018. Despite languishing in jail for eight months, Gonzalez never
made it to trial: The Federal Bureau of Prisons (BOP) today confirmed to New Times that Gonzalez was found
unresponsive in his cell late Saturday evening and ultimately pronounced dead the following day. The BOP
has labeled his death a suicide.
AFGE to Barr. MCC Staff Have Right To Consult Union and Legal Reps
The Chief
https://thechiefleadercom/news/news of the week/afge-to-barr-mcc-staff-have-right-to-consult-
union/article_b0ce8a32-c8ec-11e9-85ca-cbc9c117fc96.html
The union that represents workers at the Metropolitan Correctional Center, where Jeffrey Epstein committed
suicide Aug. 10, is pushing back on remarks made by U.S. Attorney General William Barr that members of the
union "were not cooperative" with the criminal probe into the death.
Meek Mill's Criminal Case Ends With a Misdemeanor Guilty Plea
The New York Times
https://www.nytimes.com/2019/08/27/arts/musickneek-mill-free.html
The Philadelphia rapper Meek Mill, who has become a symbol of criminal justice reform, as well as an
outspoken advocate, pleaded guilty on Tuesday to a misdemeanor gun charge stemming from a 2007 arrest,
ending a legal saga that has sent him to prison multiple times during more than a decade of probation and
appeals.
The Future Of D.C.'s Halfway House For Men Is In Limbo
DCist
https://dristcom/story/19/08/26/the-future-of-d-c-s-halfway-house-for-men-is-in-limbo/
Advocates fear that if the Bureau of Prisons fails to resolve a complicated contract dispute, the city could be
left without a men's halfway house for federal inmates. The saga over D.C.'s only halfway house for men
manages to touch on many of the third rails of D.C. politics: zoning and land use issues, federal control of the
justice system, and the power of developers to shape the city.
Prison audit suggests separating gang members, letting inmates earn more 'good time credit'
The Post and Courier
https://www.postandcourier.com/politics/prison-audit-suggests-separating-gang-members-letting-
inmates-earn-more/artirle_e1c9333a-c829-11e9-bced-5321bd3dd939.html
South Carolina should improve prison officers training, better manage gang members and penalize their
leaders, and offer inmates more opportunities to shave time off their sentences to incentivize good behavior,
according to a state audit presented to legislators Monday.
Page 13506
EFTA00044017
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Page 13510
EFTA00044021
Fwd: Re: Clearinghouse
From
To
Date
2019/11/19 14:05
Subject:
Fwd: Re: Clearinghouse
Attachments: TEXT.htm
Page 13511
EFTA00044022
My note to Mitre, and then
note
>>> -11/19/20191:42
PM >>>
is right - the BOP Director really pushed this to the top of the list with her testimony. Some ideas about
how we can move this forward would really help us. It seems our priority list has switched to the following:
• clearinghouse process
• RFI (getting it out for comment)
• FPI evaluation proposal
• needs assessment (as we have a "breather" as RSD implements the info we heard on the VTC today).
ds
Office of Research and Evaluation/Capacity Planning
Information, Policy, and Public Affairs (IPPA)
Federal Bureau of Prisons
sr
3
400 Bld ., Room 015
>> >
11/19/20191:35 PM >»
Hi
and
I know we talked about the need to push this item to the top of the list already, but I wanted to share an
email I just got from a religious stakeholder group (a different one than we discussed earlier.
Dr. Sawyer test feed today in the Senate that the BOP is already advising faith-based groups as to the criteria
needed to for us to enter our programs into the evaluation that's going to be done as part of Title 1 of the
FSA to determine the evidence based factors to reducing recidivism of those programs. We are of course a
faith-based group with a longstanding relationship with BOP and with programs, and as noted in the email;
below we have asked about this but I do not believe Aleph has of yet received such advice. Can we please be
advised as well of this criteria and guidance?
The Director also mentioned about "mentors" coming in as part of the FSA and we were wondering if you
can provide information about that as well as to how that is available to potential Aleph mentors?
Based on this, I think we need to move as quickly as possible toward setting up some submission criteria -
that is to say that while it may take a little while to determine exactly how to evaluate the submissions,
maybe we can fast track the creation of a list of documents to submit and portal in which to submit them.
Thoughts??
•Thanks,
Page 13512
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Page 13515
EFTA00044026
DAG/USAO Tour
From
•
Date
2019/08/14 15:04
Subject:
DAG/USAO Tour
Attachments:
TEXT.htm, U.S.Attorney, et al.tour.8.15.pdf
Good afternoon,
Per the attached, representatives of the DAG's Office and the USAO SDNY will be touring SHU, Inmate
Epstein's cell (to the extent it does not contaminate the crime scene), and the suicide watch area on 2. Please
let me know if you have any questions or concerns.
Thank you,
Supervisory Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, New York 10007
fri=
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Page 13520
EFTA00044031
Mail Attachment
U.S.Attomey, et al.tour.8.15.pdf
Page 13521
EFTA00044032
MEMORANDUM
Metropolitan Correctional Center, New York, New York
DATE: August 14, 2019
TO:
All Concerned
FROM:
Supervisory Attorney
SUBJECT: Institutional Tour
Please be advised that a tour for representatives of the Department of Justice and the SDNY USAO will take place
on:
Thursday, August 15, 2019, at 10:00 a.m.
The following individual(s) may be present:
Ed O'Callahan — Principal Deputy Attorney General
— Advisor at AG's office
Geoffrey Berman — U.S. Attorney
— Deputy US Attorney
Chief of the Criminal Division, SDNY
—Counsel to the US Attorney
Chief, Public Corruption Unit, SDNY
Chief, Public Corruption Unit, SDNY
AUSA
AUSA
Please inform me of their arrival so that I may greet them and take them on the tour. If you have any questions or
concerns, please contact me at x6455.
EFTA00044033
Re: Epstein, Jeffrey Edward, Reg. No. 73618-054_1 (Out of Office)
From
To
Date
Subject:
2019/08/10 14:21
Re: Epstein, Jeffrey Edward, Reg. No. 73618-054_1 (Out of
Office)
I will be away from the office August 9 - 19, 2019. The following staff will be acting in my
capacity. Please extend them the usual courtesies. Thank you.
>>>
- August 9-14, X6354
- Au ,ust 15-16, X6359
- August 19, X6354
08/10/19 14:21 >>>
Please see the attached updated time line. If you should have any questions please feel free to
contact me.
Thank you
Page 13523
EFTA00044034
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EFTA00044036
Re: Epstein, Jeffrey Edward, Reg. No. 73618-054_1 (Out of the office)
From
To
Date
2019/08/10 14:21
Subject:
Re: Epstein, Jeffrey Edward, Reg. No. 73618-054_1 (Out of the
office)
I will be out of the office on August 12-16, 2019. Please leave a detailed email message, and I
will contact you upon my return. If you require immediate assistance, please contact the
institution directly at
Associate Warden (P)
FCI Estill
100 Prison Road
Estill SC 29918
FCI:
Associate Warden
MCC New York
150 Park Row
New York NY 10007
Page 13526
EFTA00044037
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EFTA00044038
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Page 13528
EFTA00044039
RE: Tartaglione Sunday's attempt
From
Bruce Barket
ida Leisenrin koffs
net.net,
To
onyricco
(tonyricco@aol.com)
Date
2019/07/15 16:19
Subject:
RE: Tartaglione Sunday's attempt
Attachments:
TEXT.htm, Mime.822
Thank you. You don't have to apologize because I am sure you did everything you could. We will
follow your suggestions but recall that once we enter the facility, we lose our phones.
I don't understand, however, how the facility doesn't have to process lawyers coming in to visit clients
during hours the facility is "open" for visits. Delays on the weekend mean we have to stay through the
count or cut our meeting short.
Bruce A. Barket, Esq.
Barket Epstein Kearon Aldea & LoTurco, LLP
666 Old Country Road , Ste. 700
Garden City, NY 11530
[P] (516) 745 1245 [Fi
www.barketepsteinsom
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:
[mailto
•
PM
ilia'
o@aol.com); Aida Leisenring;
Bruce,
bkoffsky@snet.net;
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 ou 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.
Page 13529
EFTA00044040
Thank you,
> » Bruce Barket <bharketeharketepstein com> 7/14/2019 11:55 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.
(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
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EFTA00044041
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 City, NY 11530
- O
-M
Barket Fpstein tom
On Jul 12, 2019, at 4:01 PM, a
<
> wrote:
I just spoke with the Marshals, and they advised that it is not feasible to move him to
Nassau.
Assistant United States Attorney
To:
) <
Cc:
<
>;
tonyricco (tonvricco(aol.com.) <tonvriccoPaol.com>; Aida Leisenrin
<aleisenrin Cabarkete stein.corn>.
<
>;
Thanks for the update. Any word on having him moved?
Bruce Barket
Barket, Epstein, Kearon, Aldea & LoTurco
666 Old Country road
mi
Garden Cit , NY 11530
- O
-M
Barket blacks=
On Jul 12, 2019, at 3:17 PM,
wrote:
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 anesult 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.
>;
Page 13531
EFTA00044042
Assistant United States Attorney
From:
<alQjohnsorilthbop gov>
Cc: tonyricco (tonyriccoPaol.corn) <tonvriccoPaol.com> Aida Leisenring
>.
>;
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
Page 13532
EFTA00044043
150 Park Row
New York, New York 10007
f
P::=
> » Bruce Barket <bharket@barketepstein corn> 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.
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
Page 13533
EFTA00044044
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 City, NY 11530
ill (516) 745 1245 [F]
www.barketepstein.com
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