EFTA00138668
RE: update on social visit?
To
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.
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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
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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
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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
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