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Cobble Hill letter to klein - Special Commissioner of Investigation

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Hon. J. I. Klein -37- June 26, 2007<br />

• March 29, 2006 at 10:11 a.m. – Europe wrote <strong>to</strong> Nobile and advised him<br />

not <strong>to</strong> send additional e-mails, but <strong>to</strong> telephone her or Rodriguez.<br />

• Saturday, May 6, 2006 at 3:35 p.m. – Nobile sent Europe an e-mail<br />

expressing concern about the prosecution. He complained about<br />

Rodriguez’s preparation <strong>of</strong> Nobile’s testimony and that Rodriguez had not<br />

responded <strong>to</strong> 13 <strong>of</strong> his e-mails. He again asserted that he had new<br />

information and questioned who had or had not been called as a witness.<br />

He ended: “This is not zealotry. This is simple justice.”<br />

• Sunday, May 7, 2006 at 6:45 p.m. – in her response, Europe noted that<br />

Rodriguez had spent two hours with Nobile preparing for his testimony<br />

and planned an additional four <strong>to</strong> five hours before he <strong>to</strong>ok the stand.<br />

Europe warned Nobile that the defense would paint him as having an “ax<br />

<strong>to</strong> grind” with George. She again asked Nobile “<strong>to</strong> s<strong>to</strong>p with the emails as<br />

you may jeopardize this case further. Just because you label something as<br />

‘work product’, [sic] doesn’t mean it is.”<br />

• May 7, 2006 at 9:39 p.m. – Nobile wrote <strong>to</strong> Europe: “I welcome the<br />

zealotry attack. I guarantee that it will boomerang.”<br />

Edward Rodriguez<br />

• April 3, 2006 at 7:09 a.m. – Rodriguez wrote <strong>to</strong> apologize <strong>to</strong> Nobile for<br />

not returning his telephone call, but added that Nobile’s testimony was<br />

weeks away.<br />

• April 14, 2006 at 6:07 p.m. – Nobile e-mailed Rodriguez a “Work product<br />

in prep. for Mr. George’s hearing (1)” message <strong>of</strong>fering strategy <strong>to</strong><br />

establish Nobile’s credibility. 112<br />

• April 14, 2006 at 11:25 p.m. – Nobile e-mailed Rodriguez “Work product<br />

in prep. for Mr. George’s hearing (2).” In this message, Nobile referred <strong>to</strong><br />

page numbers which correspond <strong>to</strong> the actual Scarcella report. In his prior<br />

message on April 14 th , Nobile referred <strong>to</strong> page numbers on the Scarcella<br />

report which had been “Bates stamped” by Rodriguez on or about March<br />

30, 2006, for use at the George proceeding. Rodriguez said that he did not<br />

give this marked copy <strong>of</strong> the report <strong>to</strong> Nobile and did not know how<br />

112 In this message, Nobile referred <strong>to</strong> his “original tampering accusation” as occurring in May 2003;<br />

however, according <strong>to</strong> the Scarcella report, that conversation with George occurred in April 2003. In his<br />

testimony at the George proceeding, Nobile said that he reported the cheating <strong>to</strong> George in April or May<br />

2003.

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