Cobble Hill letter to klein - Special Commissioner of Investigation

Hon. J. I. Klein -42- June 26, 2007
Scarcella admitted that he prepared his “checklist for cover-up” in consultation
with Nobile.
“Did you do it in consultation with anyone else?”
“Yes.”
“Who?”
“Mr. - - Mr. Nobile.” 123
Scarcella acknowledged that he and Nobile created the document “during the
investigation” and that Scarcella used it for “questions.” 124
Scarcella also admitted that he prepared his final report in consultation with
Nobile.
“Did you prepare [the final report] in consultation with anyone else?”
“Yes.”
“With whom?”
“Mr. Nobile.” 125
Scarcella testified that Nobile did not write the report, but assisted in writing
sections of the report.
“And did he write any sections of this report?”
“He - - I - - no, he didn’t write any sections of it, but he - - he assisted me
in writing some sections of it, yes.” 126
Also during cross-examination, Scarcella admitted that, “From what I understand
- - from what I learned” there was nothing wrong with graders looking for additional
points on at Regents exams that had been marked in the 60s. 127
Vincent Leardi’s Testimony
Vincent Leardi was a witness for the DOE at the Lennel George disciplinary
proceeding. He was questioned under oath on direct examination by the OLS attorney
representing the DOE and was cross-examined by George’s counsel. Leardi was not
asked about much of the information attributed to him in the Scarcella report. On one
point, Leardi’s testimony was inconsistent with the account described in that report. In
that document, Scarcella wrote that “Leardi said that the required third read was not
practiced.” On cross-examination at the George proceeding, Leardi testified that the
123 The transcript at page 918.
124 The transcript at page 919.
125 The transcript at pages 919 and 920.
126 The transcript at page 921.
127 The transcript at page 838.