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Cabrera: (Addressing the public) I have been named the expert for the global<br />

assessment report. At this juncture, I am the highest authority at this<br />

examination. The samples taken and the analyses done today will be<br />

the only ones valid for this report.<br />

***<br />

Larrea: (To Cabrera) We would like you to consider the possibility of letting<br />

us know what kind of sample will be taken at each location so that<br />

eventually we can suggest that other samples be taken-<br />

Fajardo: (Raising his hands in protest) Wait, wait, wait. ...<br />

Larrea: In the same terms that Pablo says -<br />

Fajardo: You can't do that.<br />

Larrea: The expeli can check the equipment to verify if it's visible. (To<br />

Fajardo) It's a request. He can deny it or accept it.<br />

Fajardo: What we agreed on was that the expert has the authority to say what is<br />

and what isn't going to be. We can't say "take samples here and<br />

there." Excuse me, but that is something he has to decide.<br />

***<br />

Cabrera: (To Larrea) You can make a suggestion, but I can't work under your<br />

criteria. I decide where to take samples, and that's it, counselor.<br />

144. Of course, while Fajardo's duet with Cabrera at the inspection site was featured<br />

in the theatrical release of Crude, the outtakes show that Fajardo was doing far more than merely<br />

inspecting Cabrera's equipment. At their all-day session weeks earlier, Fajardo told Cabrera<br />

exactly what "criteria" he would be working under, and how Fajardo's associates would secretly<br />

write Cabrera's report for him. And when Cabrera did go into the field to conduct testing,<br />

Donziger laid down further "criteria" under which he expected Cabrera to work in an email to<br />

Yanza and Fajardo: "When I get there, we'll re analyze the work and the budget with Richard.<br />

And we'll adjust with a much smaller team. My tendency is to stop Richard from working much<br />

more in the field. .. or, if he continues doing it, he should continue under the most strict control<br />

with an extremely limited number of samples. And we'll change the focus of the data at our<br />

offices." The RICO Defendants have also admitted that they selected the sites that Cabrera<br />

57

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