Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -24- June 26, 2007 attorney who handled George’s administrative proceeding, Edward Rodriguez, by e-mail. Europe agreed to forward her e-mail correspondence with Nobile. Europe said that, despite his desire to be deeply involved in the report, Nobile was a witness and, as such, “whether we substantiate, whether we unsubstantiate, [he] would have no say in that.” Questioned whether Nobile played a role in the writing of the closing report in the Cobble Hill case, Europe responded: “I would have to say no, I can’t imagine that he assisted Louis Scarcella in writing that report.” Asked whether that would be an acceptable practice at OSI, Europe said: “I don’t want to give a blanket answer of no, but a witness assisting an investigator write a report – No – No – No.” Christopher Dalton, July 2006 In an interview conducted under oath at the SCI office, OSI Chief Investigator Christopher Dalton reported that he first learned about the grant of immunity in the Cobble Hill case when Europe returned from her interview at this office and asked him about it. 83 He said that he had no discussions with anyone about extending immunity to witnesses in the Cobble Hill investigation. Dalton had reviewed Scarcella’s closing report. He conceded that the sentences which indicated that “as a result of this interview no disciplinary action would be taken against [the witness]” could be defined as immunity. Dalton added that he had never heard of administrative immunity, but he guessed that was what the Cobble Hill witnesses received. He said he was not involved in any case where immunity had been granted by OSI, so he did not know the procedure to be followed. Dalton acknowledged that it was not typical to tell a witness that no disciplinary action would be taken. Dalton said that he did not question Scarcella about having extended immunity because he was “strictly editing” and Scarcella was “dealing more with Thomas Hyland on this report – the investigation, excuse me.” According to Dalton, he did not question Hyland about the inclusion of the sentences in the report pertaining to no disciplinary action. Louis Scarcella, July 2006 Scarcella returned to the SCI office for a second interview which was conducted under oath. Scarcella reported that Thomas Hyland and Theresa Europe supervised his investigation of the Cobble Hill matter. He described Dalton’s role as an editor who corrected grammar, but not facts, in the closing report. According to Scarcella, bestowing immunity on Cobble Hill witnesses first was raised after his initial interviews at the school on May 5, 2004. He maintained that Chad Vignola had authorized the 83 In March 2007, Dalton was promoted to Deputy Director of OSI.
Hon. J. I. Klein -25- June 26, 2007 granting of immunity and had given that permission to Scarcella through Europe and Hyland. 84 He also said that, with the exception of Nobile, all the Cobble Hill witnesses who were interviewed at OSI, including Cohen, received immunity. Scarcella acknowledged that he had never conferred immunity in another OSI investigation either before or after Cobble Hill. 85 Scarcella admitted that he used a list of questions, that were contained in a document sent to Hyland by Nobile, to “aid” his investigation, saying: “I have to use whatever means I have to do my investigation and [Nobile] was the only person I considered was telling the truth and I read this and to a certain degree it did aid me in my investigation.” Scarcella also acknowledged that, after “conferring” with Nobile, he included certain information in his closing report. Additionally, he acknowledged that certain sentences in his closing report matched word for word with sentences in documents written by Nobile. Scarcella denied that Nobile played a role in deciding which witnesses should be interviewed at OSI. However, he described Nobile as “tenacious” and acknowledged that Nobile was a moving force in the Cobble Hill investigation. Asked whether Nobile had overstepped the boundaries of a complainant, Scarcella said: “I personally believe that Mr. Nobile is a genius and is correct about everything he – all the information he has given me in this case.” Regarding his use of questions provided by Nobile, Scarcella acknowledged that he “could have” used them and also indicated: “Mr. Nobile, in my opinion, was the most honorable man involved in this investigation and everyone else I interviewed were [sic] dishonorable – up to Carmen Farina.” Scarcella did not elaborate on Farina’s role, but later testified that Nobile “was out for justice,” meaning that “there was a cover up here” and Scarcella believed that Scarcella was “lied to by people in the Board of Education, including Carmen Farina.” Scarcella also said: “I believe that Mr. Nobile believes that this cover up went right to the Chancellor’s Office. Right to the Chancellor’s Office. Tweed Courthouse.” Thomas Hyland, August 2006 In an interview conducted under oath at the SCI office, Thomas Hyland, who was the Deputy Director of OSI during Scarcella’s Cobble Hill investigation, claimed to have spoken to Chad Vignola about the immunity issue just before Vignola left the general counsel position with the DOE. 86 Hyland asserted that, during a lengthy telephone 84 By May 5, 2004, Vignola had left his position as General Counsel. 85 OSI had used administrative immunity in only one other investigation which involved very different circumstances. 86 Before becoming Deputy Director of OSI in August 2000, Hyland was employed by SCI as an investigator. Hyland achieved the rank of 1 st Grade Detective before retiring from the New York City Police Department.
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