Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -36- June 26, 2007 • March 7, 2006 at 9:00 p.m. – Europe responded that Nobile was “again making incorrect assumptions regarding the prosecution as well as investigation.” • March 9, 2006 at 8:58 p.m. – in an e-mail to Europe, Nobile reported that he was “still worr[ied] about the prosecution.” He offered to “connect all the dots [for Europe] -- just as I did for Lou [Scarcella].” Nobile claimed to have even more information than was in the Scarcella report. He concluded with: “P.S. How did the first day [of the hearing] go? Can you send me the opening statement?” 111 • March 12, 2006 at 6:20 p.m. – Europe responded that she was surprised that Nobile had more to add to the investigation given his “countless” sessions with Scarcella. She asked him to speak again with Scarcella or, if he preferred, to contact SCI. Nobile did not contact this office. • March 24, 2006 at 4:43 p.m. – Nobile wrote to Europe: “May I ask why I haven’t been informed about the hearings and my appearance? What’s the big secret?” At 6:13 p.m., Europe responded that there was no secret and he would be notified when he was needed. • March 24, 2006 at 7:56 p.m. – in reply, Nobile inquired about speaking directly to the arbitrator rather than only answering questions posed by the lawyers. He informed her: “Anyhow, I plan to lay out my coverup argument, which was good enough to persuade your office to terminate Mr. George in the first place, whether or not it comports with your approach.” • March 27, 2006 at 10:43 a.m. – Europe answered: “I know you are obsessed with this case but you are beginning to sound like this cause of getting Mr. George terminated as [sic] become a full time project for you.” She also informed Nobile that Eddie Rodriguez had been assigned to the case. • March 28, 2006 at 5:39 p.m. – Nobile told Europe that his “testimony will be smooth and persuasive.” He offered to give Rodriguez a “quick backgrounder … a vivid picture of the chronology and characters, burnish the smoking guns, and fill in some missing pieces.” After recommending steps that needed to be taken, Nobile concluded the message: “This is the kind of brainstorming we should be doing, especially in light of Mr. Rodriguez’s late entry.” 111 The opening statements did not occur until March 30, 2006.
Hon. J. I. Klein -37- June 26, 2007 • March 29, 2006 at 10:11 a.m. – Europe wrote to Nobile and advised him not to send additional e-mails, but to telephone her or Rodriguez. • Saturday, May 6, 2006 at 3:35 p.m. – Nobile sent Europe an e-mail expressing concern about the prosecution. He complained about Rodriguez’s preparation of Nobile’s testimony and that Rodriguez had not responded to 13 of his e-mails. He again asserted that he had new information and questioned who had or had not been called as a witness. He ended: “This is not zealotry. This is simple justice.” • Sunday, May 7, 2006 at 6:45 p.m. – in her response, Europe noted that Rodriguez had spent two hours with Nobile preparing for his testimony and planned an additional four to five hours before he took the stand. Europe warned Nobile that the defense would paint him as having an “ax to grind” with George. She again asked Nobile “to stop with the emails as you may jeopardize this case further. Just because you label something as ‘work product’, [sic] doesn’t mean it is.” • May 7, 2006 at 9:39 p.m. – Nobile wrote to Europe: “I welcome the zealotry attack. I guarantee that it will boomerang.” Edward Rodriguez • April 3, 2006 at 7:09 a.m. – Rodriguez wrote to apologize to Nobile for not returning his telephone call, but added that Nobile’s testimony was weeks away. • April 14, 2006 at 6:07 p.m. – Nobile e-mailed Rodriguez a “Work product in prep. for Mr. George’s hearing (1)” message offering strategy to establish Nobile’s credibility. 112 • April 14, 2006 at 11:25 p.m. – Nobile e-mailed Rodriguez “Work product in prep. for Mr. George’s hearing (2).” In this message, Nobile referred to page numbers which correspond to the actual Scarcella report. In his prior message on April 14 th , Nobile referred to page numbers on the Scarcella report which had been “Bates stamped” by Rodriguez on or about March 30, 2006, for use at the George proceeding. Rodriguez said that he did not give this marked copy of the report to Nobile and did not know how 112 In this message, Nobile referred to his “original tampering accusation” as occurring in May 2003; however, according to the Scarcella report, that conversation with George occurred in April 2003. In his testimony at the George proceeding, Nobile said that he reported the cheating to George in April or May 2003.
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Cobble Hill letter to klein - Special Commissioner of Investigation

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