Cobble Hill letter to klein - Special Commissioner of Investigation

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.