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Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -35- June 26, 2007<br />

Neither OSI nor Superintendent Marcia Lyles believed your claim <strong>of</strong><br />

innocence. What remains is your apology, not only for your retaliation but<br />

also for your attempt <strong>to</strong> frame me as a false accuser.”<br />

Nobile also looked <strong>to</strong> pursue the case against Capra.<br />

• September 12, 2005 at 6:14 p.m. – Nobile e-mailed Best <strong>to</strong> ask whether<br />

Capra would face 3020-a charges and “suppose[d]” that her resignation<br />

would not “innoculate [sic]” her from a hearing on her license.<br />

• September 12, 2005 at 6:26 p.m. – Best responded that licensing was a<br />

NYSED issue and the process for removal was “outside the DOE’s<br />

jurisdiction.”<br />

• September 12, 2005 at 7:50 p.m. – in a reply e-mail, Nobile thanked Best<br />

and said that he could not get a straight answer from the NYSED. He then<br />

asked for clarification <strong>of</strong> another matter: “Why did Kathy Pelles get a slap<br />

on the wrist when Mr. George got the guillotine?”<br />

As the George proceeding neared, Nobile continued <strong>to</strong> bombard OLS with e-<br />

mails. 110<br />

Theresa Europe<br />

• March 7, 2006 at 8:35 p.m. – Nobile sent an e-mail <strong>to</strong> Europe notifying<br />

her that he “just heard the news from Lou [Scarcella]: you are suddenly<br />

taking over the <strong>Cobble</strong> <strong>Hill</strong> case and [Scarcella] is <strong>to</strong> testify on Thursday.<br />

This timing is worrisome. Surely, you have not had time <strong>to</strong> prepare a<br />

strong prosecution.” As an example, Nobile pointed out: “you have not<br />

interviewed any witnesses or discussed strategy with your main expert --<br />

me. I am the author <strong>of</strong> the cover-up theory. I showed Lou [Scarcella]<br />

where the bodies were buried and helped <strong>to</strong> put the argument <strong>to</strong>gether. I<br />

can guide you through our best evidence and help you counter Mr.<br />

George’s lies.” Nobile also asserted that Europe was “not an ardent<br />

advocate <strong>of</strong> the <strong>Cobble</strong> <strong>Hill</strong> case.” He added: “If the New York Times<br />

had not forced the BOE’s hand at the last minute, Mr. George would have<br />

received tenure and probably ducked termination…. [Europe] also s<strong>to</strong>pped<br />

the investigation with Dr. Marcia Lyles and Deputy Chancellor Carmen<br />

Farina.”<br />

110 We did not determine whether Nobile engaged in e-mail correspondence with former OLS at<strong>to</strong>rney<br />

Rodney Pepe-Souvenir who originally handled the George matter.

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