Mater Dei moves to quell former AD deposition in hazing case – Orange County Register

Around noon on January 27, Jemma E. Dunn’s cell phone rang.

Dunn, an Orange County attorney, was driving in Utah on a family vacation. She didn’t recognize the number but answered the call.

The caller identified herself as Amanda Waters, the former athletic director of Mater Dei High School.

Waters is considered a key witness in a lawsuit stemming from an alleged incident in February 2021 involving two Mater Dei soccer players has attracted national attention and raised questions about the culture of one of the country’s top high school football programs.

In conversations with Dunn, an attorney for the alleged victim in the lawsuit, Waters contradicted repeated assertions by Maria Roberts, an attorney for Mater Dei and the Diocese of Orange, that her firm represented Waters in the hate matter, according to emails, letters and court documents obtained by the Orange County Register.

Waters confirmed that she was not represented by the company in an email to the Registry and reiterated her willingness to testify in the case.

“She does not represent me, and yes, I am ready,” Waters said, referring to Maria Roberts, an attorney representing Mater Dei and the diocese. “I’ve told both sides that I’m available whenever they want.”

Waters declined to say whether her resignation at Mater Dei in March was related to the alleged theft incident a month earlier.

“I cannot comment on the last question,” she said. “I hope you understand.”

Waters is scheduled to be deposed on January 28, and called Dunn about the logistics for the takedown to be done via Zoom.

“I apologized to Ms. Waters and explained to her that I could not speak to her about her removal because she was represented by counsel,” Dunn, an attorney at Greenberg Gross, said. know in a sworn statement. “Multiple Sclerosis. Waters laughed at my statement and replied that she wasn’t represented by an attorney, no one told her she was represented by an attorney, she couldn’t agree to be represented.” represented by attorneys, and most importantly, no one related to Mater Dei has contacted her regarding her deposition expected the next day.Mrs Waters added that she is ready and willing willing to comply with subpoenas.”

Waters made the same assertion in two emails to attorneys later that day.

“At this time, I am unable to choose an attorney to represent,” Waters said in an email to attorneys for both sides in the hit lawsuit.

The Dispute over Waters’ removal has emerged as a controversial, and perhaps pivotal, legal battle between attorneys for victims of the alleged hate crime case and attorneys for Mater Dei and the Diocese of Orange. The family of a former soccer player Mater Dei filed a lawsuit against the school and the diocese in Orange County Superior Court on Nov.

The complaint alleges negligent, negligent violation of California criminal law, failure to warn, train, or education through negligence and willful mental distress.

Attorneys for Mater Dei and the diocese filed a motion to shut down the Waters deposition in Orange County Superior Court on January 27, just hours before it was scheduled to take place. Attorneys for the alleged victim filed an objection to the petition on Monday, alleging that Mater Dei “through his attorney” was conducting a “campaign designed to dissuade Ms. testify at all costs”.

“Defendant’s motion to Quash is nothing more than an attempt to silence a former employee at Mater Dei High School who was in possession of material harmful information to Defendants,” the motion reads. “Initiated as a last ditch effort to prevent Plaintiffs from removing former Mater Dei sporting director Amanda Waters.”

Brian Williams, the former player’s lawyer, said: “Unfortunately we have reached this point too early in this case. “This action is taken to promote change and ensure accountability. The removal of Ms Waters is an important step towards uncovering all the wrongs that led to this unfortunate incident.”

However, Roberts, an attorney for Mater Dei and the diocese, in the January 27 petition asked the court to rescind the removal because of “defects in the removal notice and subpoena” and She and another lawyer argued that her firm was “not present”.

Brian Williams, the former player’s lawyer, said: “It has been properly serviced. “There is no game skill on our part.”

In an incident on February 4, 2021, a current Mater Dei football player punched a teammate, 50 pounds lighter than him, three times in the face during an alleged ritual called “” Body” while a number of Monarchs players present shouted racial symbols in the smaller player, according to two videos of the change obtained by the Register.

According to the surgeon’s report and other medical records, the fight left the young player with a traumatic brain injury, two had asphyxiation in the right eye, one in the left, and a broken nose that required surgery. . The injuries were the result of a series of blows to the head that prompted a Santa Ana Police Department investigator to recommend that the Orange County District Attorney’s Division create a felony criminal record against the other player, according to the police report. obtained by the Subscription.

Orange County District Attorney’s Office refuse to pay the fees in this case.

Waters resigned her Mater Dei on March 24, just nine months after she took the job amid much fanfare. She is currently the athletic director at St. Andrews, a private school in Savannah, Georgia.

Waters is said to be the first person to be exposed in the case of the former player’s family.

Mater Dei officials initially refused to cooperate with Santa Ana Police Department investigators, according to the police report. Monarch football head coach Brue Rollinson and Kevin Kiernan, the school’s athletic director, eventually agreed to interview the Santa Ana Police Department investigator with assistant principal Mater Dei about birth services. Officer Miguel Gutierrez showed up on April 21, more than two months after the change and when Superintendent Santa Ana first requested information from the school, according to the police report.

Rollinson denied in a police interview that insanity existed on the show Mater Dei. He added that the interview was the first time he had heard of the Bodies game.

According to the police report, Waters also told a PD officer in Santa Ana that hate is “unacceptable” in a separate interview.

The Chatham County Superior Court in Georgia issued a subpoena for the deposed Waters on January 3. She was subpoenaed on January 5, according to court records. The reimbursement was scheduled for January 28.

“The date that happened a month ago gave everyone plenty of time to have someone there to deal with this,” Williams said.

Roberts informed attorneys for the former player in a letter dated January 18 that her company “represents Amanda Waters in relation to the lawsuit initiated by your client. Therefore, neither you nor any of your agents, investigators, clients or representatives should contact her. ”

Roberts in a January 27 court filing said “an agreement… has been reached with Ms. Waters” represented by Roberts. The petition was filed at 6:09 p.m., more than five hours after the former player’s attorney informed her of Waters’ claims that Roberts did not represent her.

“If Maria Roberts had not told us (on January 18) that she represented Amanda Waters and we were unable to reach her, we could have contacted Waters and selected a suitable date. with everyone’s schedule,” Williams said.

Roberts did not respond to a request for comment.

Waters was apparently unaware of Roberts’ January 18 letter when she phoned Dunn.

“I told Ms. Waters that Mater Dei’s attorney had opposed the removal, but I do not know its status regarding whether the removal would continue based on those objections, ” Dunn said in the statement. “I told Ms. Waters that since I have been informed that she is the agent, she needs to confirm the details with Mater Dei’s attorney. Ms. Waters again said she was not represented and that she did not want to be represented by Mater Dei’s attorney. I told her she has the right to be represented so she needs to discuss the situation with Mater Dei’s attorney. ”

Waters’ phone conversation cut off a series of controversial emails between attorneys for both sides.

“I suggest we tackle each problem one by one. First of all, I think we need clarity on the matter of representation,” Mike Reck, the former player’s attorney wrote to Roberts in an email at 12:39 p.m. on January 27. “Resolve that issue. will probably provide direction for all of us. Do you currently represent Ms Waters? Ms. Waters informed us that you do not. However, I also want to respect your understanding. Maybe we should just call her together? Are you free at 1pm? ”

Roberts replied 10 minutes later.

“I disagree,” she wrote Reck. “There is no point in dealing with problems one by one. We are not around for removal tomorrow and there are many flaws in the subpoenas and removal notices that appropriate and timely objections were made some time ago. Whether I represent the witness or not, tomorrow cannot proceed with the demotion. As to whether or not I am representing the witness, that is my understanding and until I get a response from her that it is not the case that you should treat with that understanding. Due to our failure to receive a response from you confirming that an improperly notified accretion for tomorrow is unscheduled, we will move to rescind the notice and subpoena. ”

Later that afternoon, Reck again urged Roberts to clarify.

“In order to resolve the issue of representation once and for all, I understand that Ms. Waters has personally advised you today that she does not want your office to represent her,” Reck wrote in an email. “Is this wrong?”

“I’m at the airport getting ready to leave town,” Roberts replied a few minutes later. “I have made it very clear to you that I represent the witness. That’s the deal we had. Now you tell me that she intentionally called you or your colleague and said it wasn’t right. I haven’t heard that from her yet. I have phoned her and sent her a text message about this, but have not heard back.”

Later that night Waters emailed Roberts and Reck.