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was responsible and claimed that there has been no police investigation into the crime. Yet
Fajardo knows this to be false. In a written statement made to the District Prosecutor as part of
the extensive investigation into his brother's murder, Fajardo himself provided the names and
addresses of the men he believed to be his brother's murderers, details concerning the place and
circumstances ofthe murder, and, most importantly, a detailed account of the prior bad blood
between the alleged murderers and Wilson Fajardo, including prior threats and an attempt by one
of the men to stab his brother a few days earlier. There is no mention in this statement of
Chevron or Texaco or any connection to the Lago Agrio Litigation.
262. Despite this statement concerning the details of Wilson Fajardo's death and his
knowledge that Chevron had nothing to do with it, Fajardo has falsely and intentionally implied
that Chevron was responsible. For example, on April 22, 2008, Fajardo made the following
statement on Ecuadorian TV: "I can't say that it was Texaco that did it, but I can't say the
contrary. This sort of thing was never investigated. In other words, there've been many things, a
lot of pressure, a lot of persecution in this case, which leaves a lot to be seen." And on August
24,2009, Fajardo said to Publico, "I have been threatened many times and one of my brothers
was killed by hit men, but I don't have evidence that Chevron was behind his killing."
263. Fajardo's co-conspirator Hinton has perpetuated these falsehoods in comments
she posted on Politico.com on November 16,2009, in which she stated that "no one knows who
murdered [Fajardo's] brother," and the death happened when Fajardo "and other members of the
[Lago Agrio] plaintiffs' legal team had received a number of anonymous death threats connected
to the work on the case." These statements are false and Fajardo and Hinton knew at the time
that they were false. Fajardo knew that his brother's death had been investigated and he knew
that Texaco and Chevron had nothing to do with it. Yet he lied about it on television, and Hinton
spread that lie.
264. Even though he identified suspects in his brother's murder and the murderers'
motives for killing his brother, Fajardo has falsely implied that the killers mistook Wilson
Fajardo for Defendant Fajardo himself to create the impression that Chevron had attempted to
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