EFTA00138668 RE: update on social visit?
FromBruce Barket
To
Date2019/08/29 17:30
Subject: RE: update on social visit? Attachments: TEXT.htm, Mime.822 Thanks for getting back to me. Let me know as soon as you can about a visit for next week. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [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: Thursday, August 29, 2019 5:28 PM To: Bruce Barket Subject: RE: update on social visit? Hi Bruce, MCC New York has permitted social visits despite disciplinary sanctions when the visit is specifically for mitigation purposes. Disciplinary sanctions notwithstanding, all pretrial inmates have the same access to family communications: monitored social visiting, monitored social phone calls, and monitored social mail. While I understand your client is a death penalty case, there are many inmates at MCC with very complex cases who have legal decisions they need to discuss with their families, and the methods available to them are the three methods I just mentioned. If a social phone call is insufficient, then we will raise the issue again with administrators to see if they will allow a social visit during your client's regular social visiting hours. However, please be advised that once your client returns to general population with regular phone access, I not anticipate administrators will be amenable to social visit requests unless they are being used as mitigation evidence. I am out of the office starting tomorrow, but will let you know once he discusses it with Exec staff. SDNY_00016759 Page 11240 Page 157 EFTA00138669 Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 P. 646-836-7665 >>> Bruce Barket < > 8/29/2019 5:15 PM >>> I am sorry, but that won’t be sufficient. We had a conversation with and a few weeks back and they told us that, in light of the particular needs for preparation for a capital case, MCC would permit periodic social visits as needed. I did not raise this issue with the court because of what we were told. Perhaps I misunderstood. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [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 **Sent:** Thursday, August 29, 2019 3:03 PM To: Bruce Barket Subject: RE: update on social visit? Hi Bruce, After some discussion, MCC's administrators are prepared to offer your client a social phone call with his parents, which would be outside the normal phone schedule provided to inmates in Special Housing. If you fell that would be inadequate, please advise and and I will take the issue back to our administrators. Thank you, Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: SDNY_00016760 Page 11241 EFTA00138670 f: 646-836-7665 >>>> 8/28/2019 4:23 PM >><> Hi Bruce, Our Exec staff are still discussing it. I should hopefully have an answer for you by tomorrow. In the meantime, can you give me any information about the "critical stage" in the case? I don't want to know anything that would violate privilege, but something very general (e.g. a plea is on the table, a cooperation agreement is on the table, etc.) might help our Exec staff evaluate the request. Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: f: 646-836-7665 >>> Bruce Barket < > 8/28/2019 3:40 PM >>> Is there any update on a visit with his parents this week? Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [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:** Wednesday, August 28, 2019 8:31 AM To: Bruce Barket Subject: Re: meeting with Tartaglione No problem - I'll pull him down before the count. Thanks, SDNY_00016761 Page 11242 Page 159 EFTA00138671 Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 >>> Bruce Barket < > 8/28/2019 8:28 AM >>>> I know it is late notice but I am hoping to see Nick tonight at 5:00. Thank you Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] 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 SDNY_00016762 Page 11243 Page 160 EFTA00138672 Thanks for getting back to me. Let me know as soon as you can about a visit for next week. Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] 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 Sent: Thursday, August 29, 2019 5:28 PM **To:** Bruce Barket Hi Bruce, Subject: RE: update on social visit? MCC New York has permitted social visits despite disciplinary sanctions when the visit is specifically for mitigation purposes. Disciplinary sanctions notwithstanding, all pretrial inmates have the same access to family communications: monitored social visiting, monitored social phone calls, and monitored social mail. While I understand your client is a death penalty case, there are many inmates at MCC with very complex cases who have legal decisions they need to discuss with their families, and the methods available to them are the three methods I just mentioned. If a social phone call is insufficient, then we will raise the issue again with administrators to see if they will allow a social visit during your client's regular social visiting hours. However, please be advised that once your client returns to general population with regular phone access, I not anticipate administrators will be amenable to social visit requests unless they are being used as mitigation evidence. I am out of the office starting tomorrow, but will let you know once he discusses it with Exec staff. ## Thanks,
Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
p:
f:646-836-7665
>>> Bruce Barket < > 8/29/2019 5:15 PM >>> I am sorry, but that won’t be sufficient. We had a conversation with and a few weeks back and they told us that, in light of the particular needs for preparation for a capital case, MCC would permit periodic social visits as needed. I did not raise this issue with the court because of what we were told. Perhaps I misunderstood. SDNY_00016763 Page 161 EFTA00138673 Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] 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, August 29, 2019 3:03 PM
To: Bruce Barket
Cc:
Subject: RE: update on social visit?
Hi Bruce, After some discussion, MCC's administrators are prepared to offer your client a social phone call with his parents, which would be outside the normal phone schedule provided to inmates in Special Housing. If you fell that would be inadequate, please advise and I will take the issue back to our administrators. Thank you,
Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
p:
f:646-836-7665
8/28/2019 4:23 PM >><> Our Exec staff are still discussing it. I should hopefully have an answer for you by tomorrow. In the meantime, can you give me any information about the "critical stage" in the case? I don't want to know anything that would violate privilege, but something very general (e.g. a plea is on the table, a cooperation agreement is on the table, etc.) might help our Exec staff evaluate the request. Thanks, Staff Attorney CLC New York Metropolitan Correctional Center 150 Park Row New York, NY 10007 p: f: 646-836-7665 SDNY_00016764 Page 162 EFTA00138674 >>> Bruce Barket < > 8/28/2019 3:40 PM >>> Is there any update on a visit with his parents this week? Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] 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: Wednesday, August 28, 2019 8:31 AM
To: Bruce Barket
Cc:
Subject: Re: meeting with Tartaglione
No problem - I'll pull him down before the count.
Staff Attorney
CLC New York
Metropolitan Correctional Center
150 Park Row
New York, NY 10007
p:
f:646-836-7665
>>> Bruce Barket < > 8/28/2019 8:28 AM >>> I know it is late notice but I am hoping to see Nick tonight at 5:00. Thank you Bruce A. Barket, Esq. Barket Epstein Kearon Aldea & LoTurco, LLP 666 Old Country Road , Ste. 700 Garden City, NY 11530 (516) 745 1500 [P] (516) 745 1245 [F] 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 SDNY_00016765 Page 163