August 20, 2019 Hon. Kenneth M. Karas United States District Court Southern District of New York 300 Quarropas Street White Plains, NY 10601 Re:
United States v. Nicholas Tartaglione
16 Cr. 832 (KMK)

Dear Judge Karas, I write in advance of tomorrow’s court appearance to ask that the court order that Mr. Tartaglione be moved from the MCC and detained at another facility. The continuing and seemingly unresolvable problems with the conditions of Mr. Tartaglione’s confinement coupled with the unfortunate attempted suicide by a cellmate, to which Mr. Tartaglione is a critical witness, and the successful suicide of that same person makes his continued detention at the MCC inappropriate. I am copying the AUSA’s and Stuart Smith of the US Marshal’s service who I am told is the person who decides where federal inmates are detained. The conditions at MCC have largely remained constant and deplorable for the entire time Mr. Tartaglione has been detained there. There remains a serious rodent and insect infestation problem. There is mold on the sink in his cell from which he is forced to drink from. He is not permitted to shower regularly. He is not permitted outside on a regular basis. The recreation time offered while in SHU is another cell with a single stationary bike. Water leaks into his cell whenever the showers are used. Although the legal staff has made it their personal task to bring new books to Mr. Tartaglione, he is still not regularly receiving mail, or newspapers. He is only permitted to review the disks containing his legal work and discovery prior to and after legal visits, in the attorney visiting room. The legal visits, even with the courtesy of the MCC making appointments, have left lawyers, investigators and mitigation specialist waiting hours before the visit. To be clear, at times there is little or no wait, but those instances are less common than waiting for an hour or more, once the person visiting is in attorney room.
Case 7:16-cr-00832-KMK Document 147 Filed 08/20/19 Page 1 of 2