The
Outrageous Events Following
Yoni’s Death:
COAC's Misconduct and Failures to Act
COAC Reopened the Day After Yoni’s Death:
Despite the fact that an innocent little
boy died because of the gross negligence of the owners, managers
and employees of the Club and Camp, COAC reopened its day
care camp the very next day! It did this without any changes
to its operations or conducting a detailed investigation into
how such a tragedy occurred or could be prevented in the future.
Other Water Safety Incidents at the Club:
The drowning of Yoni Gottesman was not the
first, or last, water safety incident at the Club or its sister
facility, Santa Barbara Athletic Club. Beginning in mid-2000
up through only a week before Yoni’s death, a number of near
drownings occurred at the Club, which were attributable to
negligent supervision. As late as two days prior to Yoni’s
death, parents observed Club lifeguards paying little or no
attention to the children in the pool. Within weeks following
Yoni’s death, a parent observed children swimming completely
unattended by a lifeguard at the SBAC pool. Neither the Club
nor any of its related entities did anything to inform parents
of these incidents or the lack of supervision prior to enrolling
their children in the Camp.
The Club Owner’s Large Financial Contributions to
the Sheriff’s Council:
The private investigator hired by the Gottesmans
discovered that, soon after Yoni’s death, the owner of COAC,
Richard Berti, made a very substantial contribution to the
Sheriff’s Council. The Sheriff’s Council is a local charity
closely aligned with the Sheriff that raises money to assist
the Sheriff’s department in buying new equipment and paying
its expenses. Shortly after Yoni’s death, Berti paid $15,000
for a table at the annual fund raising gala and bought over
$3000 in raffle tickets – one of the largest ticket purchases.
At the 2005 dinner, Berti also mysteriously won a lottery
for $25,000 and immediately donated the money back to the
Sheriff’s Council. Unlike past years, where the lottery was
randomly – and publicly – conducted by pulling a ticket from
a drum in full view of the gathered audience, Berti was simply
announced as the winner. Berti claims he was completely surprised
by this occurrence, and that donating the money back was just
“an immediate reaction to the situation.”
Berti repeatedly denied news accounts in
which he was accused of using his position on the Sheriff’s
Council to influence the Sheriff’s department and its investigation
of this drowning. However, Berti admitted in his interview
with the District Attorney’s office that he contacted someone
at the Sheriff’s department – possibly the Sheriff himself
– allegedly to diffuse the allegations of improper influence
over the investigation. Berti’s protestations, however, only
highlight the unavoidable appearance of impropriety.
COAC Continued to Lure Families to
Their Facilites:
Despite the prior near-drownings at Cathedral
Oaks Athletic Club (COAC), below is the ironic
tag line posted on the COAC website in August 2005:
COAC Knowingly Ran an Unlicensed Camp:
Unknown to the Gottesmans at the time, far
from being a “safe” facility, the Camp instead was completely
unlicensed – despite the fact that it was required by State
law to have a license. Since it was unlicensed, the Camp also
had not been subjected to any kind of inspection of the safety
procedures or Camp facilities. In fact, it is highly questionable
whether COAC could have met licensing requirements given the
unqualified personnel hired, the inadequate training of personnel,
the lack of required certifications, and poor supervision
and unsafe pool conditions.
The California Department of Social Services
investigated and determined that the Camp required a license.
The Department notified the Club that it was operating a child
care facility without a license in violation of State law.
The Club appealed, and lost three separate appeals. Rather
than attempt to comply with the licensing requirements, however,
the Club simply stopped operating its Camp. Because of this,
the State of California would take no further action against
the Club or its owner for its violation of the law and subsequent
death of Yoni Gottesman.
COAC didn't tell the parents who entrusted
their children to the Camp that it knowingly was running an
unlicensed child care facility. The State of California cited
COAC for its illegal conduct, and denied several COAC appeals
attempting to reverse the ruling. Rather than attempt to meet
the requirements of a licensed facility, however, COAC simply
ceased its Camp operations.
COAC Sought Profit Above All Else:
COAC and its owner also didn't tell the
public was that they were more interested in maximizing profits
than in the safety of young children entrusted to their care.
This was evident based on a number of witness interviews,
including:
(1) A representative of
lifeguard Merin’s former employer, who employed Merin as a
lifeguard prior to August 2005, stated that the former lifeguard
was terminated from that other club because he was a “risk”
and was inattentive while on duty.
(2) A former lifeguard at COAC stated that
the management of COAC never checked her references or even
looked at her certifications; and that it was clear to her
that the Club’s primary concern was profit: “I firmly believe
that if they had taken the time and money to hire the right
people and provide the proper tools and training, this could
have been avoided.”
(3) A former director of the Camp stated
that COAC cared only about the revenue generated by the Camp,
and that it minimized spending at the expense of safety and
hygiene: “The Club was about the money, not the kids.”
COAC’s profit motive is summarized in a memorandum
Cappello & Noël prepared for the District Attorney’s
office.
New
Evidence in the Death of Yoni Gottesman
In the end, Berti even sought to profit from
the death of little Yoni. At the same time as the Gottesman’s
were struggling emotionally with the loss of their son, they
knew they needed to ensure critical evidence was not destroyed
by Berti or COAC, and they insisted that the hard drive of
the video recording be preserved. In response, Berti and COAC’s
attorney demanded that the Gottesmans pay nearly $5,000 for
a replacement hard drive because his wealthy clients were
“in need of their hard drive for their security system.” The
true cost of a hard drive? $100-$150. The Gottesmans paid
the exorbitant amount, however, to ensure COAC and Berti did
not destroy evidence.
After Yoni’s Death, COAC Transferred Ownership and
Changed Management:
After decades of ownership by the same people,
COAC suddenly had new owners and new management. [A link to
the 9/30/06 Knell and Main letter is below.] Berti and others
claimed that the transfer was not meant to hinder any civil
lawsuit Yoni’s parents would file against them, but the timing
is more than questionable.
Knell
and Main letter
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