Broke Industry Standards

1. You co-authored Scuba Diving 101, the leading treatise on scuba diving safety, and you agree with it in it's entirety, do you not?

2. Scuba diving 130ft is the “absolute limit for all recreational divers, including those with Advanced Open Water certification,” is it not? Isn't it true that “These figures reflect the consensus of all major scuba diving associations and are based on decades of research regarding diver safety?” Yet doesn't Neptune takes its divers 170 ft below the surface, and in doing so, is taking its divers deeper than the absolute limit for recreational divers?

1. According to Scuba Diving 101, dive masters cannot serve as dive buddies, isn't that correct? According to SD101, this is because a guide cannot take general responsibility for the safety of the entire group while also taking specific responsibility for the safety of her buddy, isn't that so? In SD101, you even foresaw the possibility of a diver getting sick like Andy, and you still wrote that if a diver can't dive with a buddy and the only possible buddy is the dive leader, then he should not dive, isn't that correct? Yet you still let Lee get in the water, didn't you?

   
   

   It is a dangerous dive, so should have paid more attention to safety but didn't.

   
   

   4. This dive is dangerous because the “most accessible dive on The Hepburn is 170ft deep below the surface of the ocean there's poor visibility, increased pressure, and difficult breathing conditions,” isn't that right?

   
   

   5. According to Scuba Diving 101, one shouldn't dive inside caves or wrecks unless one has specific training for caves or wrecks, isn't that correct? Yet, despite how dangerous this dive is, when you spoke to the Allens during your video chat, you didn't ask which cave or wreck dive they'd done, did you? You didn't ask the details of those dives?

   
   

   6.Despite how dangerous this dive is, you didn't check with the Allens to see if they'd each done the 100ft dives that you'd recommended, did you?

   
   

   7.Despite how dangerous this dive is, the only time you asked about Lee and Andy's medical fitness was during your 20 minute video conference with them, is that correct? You didn't try to assess their health in any other way, did you? In fact, even when the Allens offered you a copy of their physicals, you said that it was “unnecessary,” didn't you? And had you agreed to accept the physicals they were so willing to give you, you would've noticed Lee's condition, and you wouldn't have allowed him to dive, would you? And Lee would still be alive today, wouldn't he?

   
   

   8.You said in your affadavit that “the level of experience and proficiency they described barely met Neptune's advanced expedition requirements,” didn't you? In fact, you admitted that if Lee and Andy weren't going to be diving together, you probably would not have let them join the Hepburn Expedition, is that correct? Yet on July 7^th, you let Lee Allen dive without Andy Allen, did you not? Despite how difficult this dive was, despite knowing on day 1 that Lee diving without Andy would exacerbate this situation, you let Lee dive, didn't you?

   
   

   9. You let Lee and Andy join the expedition in the first place because they would have good rapport, didn't you? Don't you believe that “rapport with one's dive buddy can make a dive safe for someone who might otherwise be in over his or her head?” Did Lee have rapport with Reggie Rodgers? Did Lee ever do a dive with Rodgers as his diving buddy before July 7^th? Despite knowing this was a dangerous dive, despite watching the one reason why you let Lee make the down payment disappear, you authorized him to dive on July 7^th, isn't that right?

Cared about business more than safety.

10. You were worried about Lee's diving abilities, weren't you? Yet, the reason why you couldn't be Lee's diving buddy was because you “had business calls scheduled that conflicted with that morning's dive,” isn't that right? You didn't want to refund the $10,000 by pulling him out, nor did you want to cancel your business calls, so you stuck him with Rodgers, isn't that right?

11. Weren't you aware that “From April 2010 (when The Hepburn sank) until June 2011, two divers died while exploring The hepburn and eight more reportedly suffered significant injuries” when you departed on July 3, 2011? Yet, you didn't tell your customers, did you? And the reason for that was because you didn't want them to “undertake a trip with a negative attitude,” is that correct?

12. According to Scuba Diving 101, isn't it true that “dives into caves or wrecks will have to be brief—less than 30 minutes, depending on the depth?” However, you expected and planned for the dive to take almost 40 minutes, didn't you? Despite how dangerous this dive is, your reasoning for this was that, by giving your customers more time, it would improve your business, is that correct?