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SDNY COURTHOUSE, August 29 –  To withhold documents about the death of Jeffrey Epstein in the Metropolitan Correctional Center in lower Manhattan, the U.S. Department of Justice cited the then-pending trials of Corrections Officer Tova Noel and the still-pending death penalty trial Michael Thomas and former Briarcliff Manor Officer Nicholas Tartaglione.

But how much of it was a cover-up?   Inner City Press, which pushed for full access to the trial of Ghislaine Maxwell, live tweeted it, here and below.

 On August 26, 2022 DOJ filed a lengthy, partially redacted opposition to Tartaglione's motions to strke the death penalty. While it was in 2019 under the previous Administration in Washington that the death penalty was sought, the current Attorney General apparently still seek it here - and in another SDNY case, the upcoming Saipov terrorism trial?

  In this cas, DOJ writes, the Death Penalty Notices alleges that Urbano Santiago, Miguel Luna and Hector Gutierrez were "kidnapped and killed to prevent them from providing information to law enforcement regarding the kidnapping and murder of Martin Luna."

 DOJ's August 26 brief argues that "The Death Penalty is Constitutional" and, relevant to Saipov, that "Death Qualifying Prospective Jurors Does Not Render a Resulting Death Sentence Unreliable." Then 10 pages of redacted responses on "as-applied Constitutional challenges." DOJ says, "This section of the Government's brief has been redacted from the publicly filed copy solely because Tartaglione has redacted the corresponding part of his Motion. The Government defers to the defense to explain the need for sealing and takes no position on the issue." Inner City Press believes that it should all be unsealed, and may file to that effect because on the Court's response to the unilateral redactions. Watch this site.

 Back on September 29, 2021 SDNY Judge Kenneth M. Karas has granted Tartaglione and a small team permission to have photographs taken in the MCC, which will be reviewed "for any security issues." Apparently, never public. We'll see.

From the docket: "ORDER GRANTING DEFENDANT ACCESS TO METROPOLITAN CORRECTIONAL CENTER ("MCC") as to Nicholas Tartaglione. Nicholas Tartaglione ("the defendant"), having requested access to certain areas of the Metropolitan Correctional Center ("MCC") in New York, New York, and the Government having consented to such access, the Court hereby finds and orders as follows: 1. On September 30, 2021, the defendant's counsel shall be provided access to the following areas of the MCC: (a) all cells in which the defendant has been held since his arrival at the MCC on December 16, 2016, including any Special Housing Unit ("SHU") facilities, and; (b) all common areas to which the defendant has had access including, but not limited to, any medical treatment, legal visit, library, recreation, and/or exercise facilities."

Back on April 9: Assistant US Attorney: Because we don't know how the criminal trial against Nicholas Tartaglione will go, so we shouldn't have to release these records and impact a death penalty trial. 

Judge Engelmayer: Can you assure me that any document that has been withheld based on Tartaglione mentions Epstein? AUSA: No. [Sounds like it's time to go "in camera" and have the judge take a look at the withheld documents, with an eye toward releasing them]  

Judge: Are there documents being withheld based on Noel? [Corrections officer charged in connection with Epstein's death]

AUSA: Yes.  AUSA: There is a belief that disclosing these documents could make it difficult to seat jurors.

 Judge: Is that credible? The issue in the Noel case is, did they make false statements about locations. I would be started if it turns into an autopsy of Epstein. 

Now in the (Epstein) FOIA proceeding, "Don King case in the 2d Circuit" is quoted, along with argument that in the Noel (and Thomas) case, gag orders won't be needed. Inner City Press, which will cover that trial, would oppose any gag order or other restriction.

 Judge is leaning toward in camera review of the documents, asks what he should be looking for. Assignment rosters, in Vaughn index; and the "2000 emails taken off the table." 

Here's from "Index of Withholdings in Full," including "Incident Report of Jeffrey Epstein's July 23, 2019 Apparent Suicide Attempt" and "Psychological Reconstruction of Inmate Death." 

The case is US v. Tartaglione, 16-cr-832 (Karas)

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