A San Jose day care co-owner is set to stand trial alone in connection with the 2023 drowning deaths of two toddlers at the Happy Happy Daycare in San Jose after her daughter entered a last-minute guilty plea.
The case stems from a tragic incident in October 2023 at the home-based day care in Almaden where two toddlers drowned in a backyard swimming pool and a third fell in but survived. The deaths shocked the community and raised serious questions about swimming pools at day cares.
On Monday, codefendant Nina Fathizadeh — the daughter and co-owner of the day care — pleaded guilty just before trial proceedings were scheduled to begin. That plea shifted the focus squarely onto Shahin Gheblehshenas, the mother who has maintained her not guilty plea.
Gheblehshenas faces three felony counts of child endangerment.
On Tuesday, a judge heard motions from both the prosecution and defense outside the presence of prospective jurors. The motions are designed to determine what evidence will be allowed at trial and to ensure jurors are not exposed to material deemed prejudicial or highly emotional.
According to police records, Gheblehshenas was not at the day care at the time of the drownings. Investigators say she had left for a doctor’s appointment. Her defense attorney, Glen Jonas, argues that fact is central to the case.
“What I’m trying to do is get my client a fair trial and make people understand that when this happened, she was not there. She could not stop it. She could not control it. She couldn’t predict that it would happen,” said Jonas.
He also said his client has deep sorrow for the victims’ families and is glad Fathizadeh took responsibility.
Prosecutors, however, plan to introduce evidence they say points to a broader pattern of negligence prior to the drownings. That includes allegations the pool gate may have been left open on previous occasions, as well as prior state licensing violations involving a greater number of infants in the home than they were licensed to have and an assistant who had not gone through the requisite criminal record clearance.
Deputy District Attorney O’Bryan Kenney said the prosecution appreciates Fathizadeh taking responsibility and is ready to present its case to a jury.
“We’ve worked tirelessly to seek justice for the families involved in this case, and we are eager to have a final resolution of this case and have a jury hear the evidence,” Kenney said.
Family members of the defendants who are expected to testify were not permitted to sit in the courtroom during the pretrial motions.
A relative who was present the day of the drownings told NBC Bay Area the tragedy has deeply affected their entire family. The family member expressed sorrow but said they have been advised not to speak publicly as the trial approaches.
Opening statements are expected to begin next week.