Carey Connor Direct Examination
...John Connor's long-lost sister??
Theme 1: Use Carey Connor’s past experiences to show how Neptune has continually pushed the limits of safety in their techniques.
Theme 2: Use the interviews conducted by Carey Connor to show contradictions and conflicts to attack the reliability and show recklessness of Neptune and its employees.
Theme 3: Use Carey Connor’s conclusions to prove recklessness of Neptune and its employees.
Direct Examination: Carey Connor
1. Mr/Mrs. Connor, could you please state your name and for the court?
o My name is Carey Connor. I am a Special Agent for the Southeastern Region of the United States Coast Guard Investigative Service.
2. Could you please detail your credentials for the court?
o After graduating from the Coast Guard Academy in 2005, I served as a Petty Officer in the search and rescue division, for which I received scuba certification. I then joined the USCGIS as a Special Agent, where I have specialized training in maritime vehicles and underwater diving investigations, which includes six deaths. I have received numerous accolades.
3. What information did you rely on to formulate the findings in your report?
o I interviewed numerous people on the ship, including Andy Allen, Hayden Hathaway, Reggie Rodgers, Angel Duncan Frankie Fernandez, and Casey French. I used the Hepburn brochure, two forecasts from the Koala Climate Institute, equipment used by survivors of the trip on July 7th, Lee Allen’s Nitrox cylinder, and three maps of The Hepburn site. I also relied on previous experiences with Neptune, and the article Scuba Diving 101, which accurately describes current information regarding scuba diving, in its entirety.
4. Did you do any other investigative work other than what you just described?
o Yes I did. I dove down to The Hepburn myself at 1545 on July 7th, 2011 in clear weather. I spent 15 minutes inside the shipwreck and 15 minutes searching the ocean floor surrounding the shipwreck. I did feel the effects of nitrogen narcosis (it’s inevitable), but that did not compromise my investigation. I found (what was identified as) Lee Allen’s primary Nitrox cylinder 30 ft from the ship on the ocean floor with no gas left remaining in it.
5. What was it like at the shipwreck from a diver’s perspective?
o Inside The Hepburn, it is very dark with visibility around 10 feet. Outside the wreck, visibility increases to about 15 feet. In a storm like the one on July 7th, visibility is likely halved in both cases.
6. Through your findings, Mr./Mrs. Connor, can you give the court your recount of what occurred the morning of July 7th?
o At 1000 on July 7, French led nine customers into the water. Rodgers trailed as divemaster. At 1013, currents caused by an unanticipated storm caused Rodgers to attend to Frankie Fernandez. Rodgers directed Lee Allen forward while Rodgers assisted Fernandez. Allen swam alone and accessed the second deck. At 1020, Rodgers exited The Hepburn and discovered Lee Allen was absent. At approximately 1025, Rodgers found Lee Allen in the second deck. At 1028, Rodgers removed Lee Allen from The Hepburn At 1030, Rodgers ascended without Lee Allen. At 1115, Rodgers surfaced. Lee Allen never surfaced.
7. Mr./Mrs. Connor, you said that you have had previous experiences with Neptune. Could you please elaborate on those?
o Sure. In 2009, Neptune reported one of its recreational customers “unaccounted for,” (or in simple terms, completely missing) during a cave diving trip to a treacherous, deep cave. When I arrived, the missing diver was recovered and seemed in good health. In July, 2010, Neptune sent an SOS requiring a recompression chamber. The diver developed severe narcosis, panicked, and resurfaced without going through recompression. When I arrived, Neptune assured me the diver was now fine. Reggie Rodgers was adamant that Neptune was not concerned over this incident.
8. How do these situations impact, if at all, your view of Neptune as a company?
o Although Neptune’s record is better than most, both of my encounters suggest that they are a company that unacceptably pushes the safety limits. Even in Scuba Diving 101, the absolute limit for recreational divers is set for 130 ft. Time and time again, Neptune ignores this standard and continues to push the limits.
9. Now, I’d like to talk more about the events on July 7, 2011. What occurred that day at around 1300 hours (1:00 pm)?
o I received a call that the ship The Man of the People, located then in the mid-Atlantic, was reporting a lost diver. I arrived at 1430 hours that day, and learned that Lee Allen had not returned.
10. Just to be clear sir/madam, did the United States Coast Guard Investigative Services have jurisdiction in this investigation?
o Yes. It is standard procedure for the USCGIS to investigate any deaths within U.S. waters.
11. Now Mr./Mrs. Connor, I’d like to talk more about the interviews you conducted. I’d like to start first with Hayden Hathaway. When you interviewed Mr. Hathaway, what did he tell you in regards to Lee Allen’s performance on the dives on July 4th, 5th, and 6th?
o He told me that Lee Allen performed adequately on all of the dives, and that before July 7th, no one had any concerns about Lee’s diving abilities.
12. Who made the decision to pair Lee Allen with Reggie Rodgers?
o Hayden Hathaway did.
13. Mr./Mrs. Connor, how (if at all) does that decision conflict with Scuba Diving 101, a document that Mr. Hathaway was a coauthor for? (do I need to admit this as evidence?)
o The decision compromised the buddy system. Scuba Diving 101 states, “In group dives or guided tours, a guide…cannot serve as a diver’s buddy.” It goes on to say that if a diver’s “only possible buddy is a guide…she should not dive.”
14. According to the data you gathered, how was the weather checked for the dive that was to occur on July 7th, the one that Lee Allen lost his life on? What did it forecast?
o Mr. Hathaway checked the weather at 2200 hours, 12 hours prior to the dive. It forecasted a storm to hit the area of the dive at 1400 hours.
15. In your interview with Casey French, how does the information he provided you compare to other information you received?
o Casey French insisted upon the fact that Lee Allen had a reserve cylinder, claiming he saw it at the very beginning of the dive. Reggie Rodgers, on the other hand, claimed Lee Allen had no reserve cylinder. Reggie Rodgers claimed that the weather was “perfect” as the group entered the water; French claimed that just as they were about to enter the water, there were storm clouds approaching the area, but he didn’t alert Hathaway or Rodgers.
16. In your expert opinion, sir/madam, isn’t this something that Mr./Mrs. French should have made Mr./Mrs. Rodgers and/or Mr./Mrs. Hathaway aware of? (if objected to, will skip)
o Yes, it is. Scuba Diving 101 clearly states that you should not dive during a storm. If there was a threat of a storm, Neptune should have been alerted so that proper action could have been taken.
17. When you interviewed Reggie Rodgers, what did he tell you in regards to Lee Allen’s performance on the dives on July 4th, 5th, and 6th?
o He told me the same exact thing that Hathaway did—that Lee’s performance on those dives was adequate, and that before July 7th, no one was concerned with Lee’s diving abilities.
18. When you interviewed Frankie Fernandez, what information did he bring to your attention?
o Frankie Fernandez stated that at 0230 hours on July 7, he witnessed Neptune crew members, including Hathaway, Rodgers, and French, drinking significant amounts of alcohol. He did not communicate with the group, since he believes that they did not see him.
19. How does this, if at all, contradict any other case materials you have read?
o This conflicts with Neptune’s own brochure advertising The Hepburn Expedition. Under “Important Policies for All Neptune Dives,” the last bullet states, “Your first sip of alcohol…is your last dive of the day. No exceptions.”
20. In your expert opinion, Mr./Mrs. Connor, should Neptune have lead a dive to The Hepburn that day on July 7th, 2011? Why or why not?
o Neptune should not have led a dive that day. The Hepburn is unsafe for recreational divers period. The events of that morning on July 7th are all attributable to the dangers inherent to the dive that morning. Furthermore, Neptune should not have based the decision to dive on a prior morning’s forecast, especially one that forecasted a storm. Neptune should not have authorized a dive the day of a predicted storm. Storms limit visibility underwater and create aggressive ocean currents. These factors directly contributed to Lee Allen getting separated from the group and hindered his ability to be rescued by Neptune.
*I tend to be very wordy, so if anyone can find where I can trim some pork, that would be great. This all turned out to be 2 pgs. plus 1/2 of a third page, single spaced, 12 pt font.
