| Field | Value |
|---|---|
| From | Bruce Barket <[redacted]> |
| To | [redacted], Aida Leisenring; Tony Ricco <[redacted]>; "BRUCE KOFFSKY"; "michael@mbach..." <[redacted]>; John Diaz <[redacted]> |
| Cc | [redacted] |
| Subject | RE: Tartaglione - Additional Information re Discovery Requests |
| Date | Thu, 09 Jan 2020 17:35:57 +0000 |

Date: Thu, 09 Jan 2020 17:35:57 +0000

Thanks for the update. We will follow up with

As for the cell phone, we had discussed agreeing or attempting to agree on the process for such a review. Can you have the taint team reach out to us before they begin their review?

It is our understanding that there were hand held videos used to film the inside or the cell on the night of the 23rd of July. I understand your email, but in light of the inconsistent accounts of the surveillance video can you please make further inquiries on this specific point?

Lastly, we are going to request a hearing on what happened to the surveillance video. Please let us know what your position on that request.

Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530

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: Thursday, January 09, 2020 11:12 AM
To: Bruce Barket; Aida Leisenring; Tony Ricco; BRUCE KOFFSKY;
michael@mbach John Diaz
Cc:
Subject: Tartaglione - Additional Information re Discovery Requests

All-

- 1— We have been informed by MCC that if you would like to inspect the makeshift rope from the July 23, 2019 incident (a picture of which was contained in the report you reviewed at our office), you can arrange to do so by contacting the new legal counsel at MCC. You will not be allowed to take photographs of the rope.

- 2 — We have been informed that in the course of its investigation into Mr. Tartaglione's contraband cellphone, BOP created forensic reports of the phone and SIM card. We have not obtained or requested copies of these reports. If you would like to review the reports, please let us know. In that case, in light of earlier claims of privilege raised by Mr. Barket, we will

EFTA00022078

ask BOP to provide the reports to a walled off team of AUSAs to review for privileged materials. That walled off team of AUSAs will coordinate producing the reports to you and will work with you to determine what, if any, portions of the report can be provided to the case AUSAs

- 3 — We have been informed by BOP that apart from the photographs contained in the materials you reviewed at our office regarding the July 23 incident, no other pictures or videos were taken from inside the Tartaglione/Epstein cell.

4 — We have received additional information from BOP regarding the video outside of the Tartaglione/Epstein cell, and we will be filing a letter with the Court shortly. As stated in the letter, the video that we have is available for review at our office at your convenience.

- Image: solid black rectangle with thin white border; no discernible content (appears redacted or a placeholder/missing frame).
- Contextual key entities from surrounding text: BOP (Bureau of Prisons), video outside the Tartaglione/Epstein cell, Court, letter to be filed, video available for review at the office.
- Not a chart; no legend or data present.

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