-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

pathways”–to “recommend that they be included in the global inspection.” 467 Evidently
the goal was to identify so-called “best-site pre-inspection[s]” to ensure that the
collection of samples during the global assessment would be skewed to show
contamination. 468 Mr. Villacreces even prepared a report indicating that “[s]ome 55 to
60 sites with the best conditions for our purposes will be selected” for the global
report. 469 Plaintiffs cannot claim that the admittedly insufficient data in the report
submitted in Mr. Cabrera’s name reflects an accurate overall picture of the
environmental conditions in the Oriente when it is now clear that his sampling was not
scientifically designed to discover the truth, but on the contrary, was biased and
manipulated. 470
Given the lack of transparency and credibility in what was purportedly
Mr. Cabrera’s work, as well as the poor quality of his data and the data of plaintiffs’
nominated experts, his technical conclusions must be considered invalid from a
scientific perspective and therefore inadmissible as evidence.
3.4.5 Mr. Cabrera Exceeded the Scope of His Mandate and This Court Refused to
Allow His Deposition
Mr. Cabrera’s report, covertly drafted by plaintiffs’ team, supra § 2.2.1, also
addressed extraneous issues that exceeded the scope of Mr. Cabrera’s mandate and
the scope of the complaint. Ecuadorian law is clear that such issues are not part of the
case. See infra Chapter VI. Accordingly, such conduct by an expert invalidates his
report, as confirmed by the recent decision of the Provincial Court of Sucumbíos in
Case No. 218-2008, Red Amazónica vs. Oleoducto de Crudos Pesados S.A. (“Red
Amazónica”), a case in which you, Your Honor, were on the panel. 471 The plaintiffs
467 Official Transcript of Deposition of Richard A. Kamp, at 293:4 to 295:14, dated Oct. 7-8, 2010,
attached as Annex 11 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8,
2010 at 4:21 p.m.
468 E-mail from Richard Kamp to Steven Donziger, dated May 11, 2006 at 9:32 p.m., attached as
Annex 7 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (KAMP-NATIVE000345).
469 Report of Luis Villacreces dated January-February 2008, attached as Annex 8 to Chevron’s
Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21 p.m. (which refers to
the content of the Cabrera Report) (STRATUS-NATIVE008887a to 008890).
470 Similarly, the evidence shows that the plaintiffs had altered the data used to prepare the draft
of the Cabrera Report. See the e-mail from Jennifer Peers to Ann Maest, dated Mar. 6, 2008 at 8:06 a.m.,
forwarding the e-mail from Ann Maest to Jennifer Peers dated Mar. 4, 2008 at 9:30 a.m., attached as
Annex 8 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8, 2010 at 4:21
p.m. (noting that "Tania and Sophie are correcting Cabrera's data today") (STRATUS-NATIVE017660 to
017663, at 017661); see also the e-mail from Tom Hodgson to Jennifer Peers dated Mar. 4, 2008 at 1:43
p.m., forwarding the e-mail from Tom Hodgson to Jennifer Peers, dated Mar. 4, 2008 at 1:19 p.m.,
attached as Annex 8 to Chevron’s Second Supplemental Motion for Terminating Sanctions, filed Dec. 8,
2010 at 4:21 p.m. (stating that a consultant had "deleted" the symbol "