In a dramatic turn on what was expected to be the first day of trial, a San Jose daycare operator pleaded guilty Monday to all felony charges stemming from the drowning deaths of two toddlers at her licensed in-home facility more than two years ago.
Nina Fathizadeh, co-owner of Happy Happy Daycare, entered a last-minute guilty plea to 10 felony charges, including child endangerment resulting in death, in Santa Clara County Superior Court. Her plea means she will not stand trial and instead will move directly to sentencing, where she could face up to 23 years in prison.
On Oct. 2, 2023, toddlers Lillian Hanan and Payton Cobb were found unresponsive in a backyard swimming pool at the daycare. A third toddler also fell into the pool but survived after being hospitalized.
Investigators determined Fathizadeh was the only caregiver at the home that morning after her mother left for a doctor’s appointment and a third caregiver called in sick. The police investigation concluded that Fathizadeh left the children unattended in the backyard while she was inside cooking in the kitchen. The daycare’s license was suspended following the incident.
Fathizadeh and her mother, Shahin Gheblehshenas, surrendered to police on Oct. 13, 2023. Prosecutors charged them with felony child endangerment resulting in death or great bodily injury. Fathizadeh also faced seven additional felony counts related to transporting children without proper car seats after investigators reviewed a cell phone photo found during the drowning investigation.
Both defendants initially pleaded not guilty and were released on bail during the lengthy pretrial proceedings.
Fathizadeh’s guilty plea Monday followed years of delays, including defense motions seeking to exclude statements made to police over alleged Miranda violations and a recently denied request for mental health diversion. Earlier this month, a judge rejected Fathizadeh’s petition for diversion based on claims she suffered from post-traumatic stress disorder and depression.
An emotional Fathizadeh sobbed and shook as she addressed Judge Paul R Bernal, acknowledging that she could still receive the maximum sentence. Family members, including her mother, brother — who court filings indicate helped carry the children out of the pool — and her husband, were in the courtroom. Members of the victims’ families listened remotely after being notified of the last-minute plea.
Los Angeles criminal defense attorney R.J. Manuelian, who took Fathizadeh’s case less than six months ago, said his client has always shown remorse.
“We did accept responsibility because she understands there needs to be accountability,” Manuelian said. “But our position is that she’s very sorry from the first day. She’s cried for these children as though they were her children.”
Two children drowned in a pool at a San Jose daycare Monday — one operating out of a home in Almaden Valley, and one of the big questions is, was the facility licensed as a child care center? NBC Bay Area’s Investigative Reporter Hilda Gutierrez has the story.
Manuelian also said Fathizadeh struggled with PTSD and depression and has attempted to take her own life since the drownings.
Judge Bernal told Fathizadeh she was “doing a good thing” by entering the plea and said it could potentially help her at sentencing. He described the case as a “terrible tragedy” in which “everybody loses.”
Gheblehshenas’s case will continue Tuesday. If she decides to go to trial jurors will decide whether the drownings were a tragic accident or the result of criminal negligence. Jury selection is scheduled to begin this week.
Fathizadeh, who is the mother of two young children, is set to surrender next week and return to court in May for sentencing. The probation department will prepare a recommendation, but the final sentencing decision will rest with the judge.
Lily Hannan was just 16 months old when she and two other toddlers wandered through an open gate and into a swimming pool at an in-home daycare in San Jose. Two of the children drowned and died, including Lily. Her grieving parents say two years after the tragedy they are still waiting for justice to be served. Senior Investigative Reporter Bigad Shaban sits down with Investigative Reporter Hilda Gutierrez to get the backstory.