More than two years after the tragic drowning deaths of two toddlers at a San Jose home daycare, the criminal case against the daycare’s owners, Nina Fathizadeh and Shahin Gheblehshenas, continues to move forward after repeated delays. This week, a judge denied a mental health diversion petition b y one of the defendants to avoid prison time, setting the stage for a jury trial scheduled to begin next week. The deadly drownings took place on Oct. 2, 2023, at the Happy Happy Daycare, a licensed in-home daycare in South San Jose. According to court records, Lillian Hanan, Payton Cobb and a third child, who were playing unattended in the backyard, fell into a pool after passing through a propped open gate. Lillian and Payton died while the third toddler survived but was hospitalized. According to court records, Fathizadeh left a group of toddlers in the backyard unattended while she walked to the kitchen to check on oatmeal and tea on the stove. The California Department of Social Services suspended the daycare’s license shortly after the incident. In 2024, Santa Clara County prosecutors charged Fathizadeh and Gheblehshenas with three counts of felony child endangerment. Fathizadeh also faces seven unrelated misdemeanor counts tied to transporting children without proper car seats. San Jose Nov 13, 2023 San Jose day care drownings: Remembering Lily Jade Oct 2, 2023 A closer look: daycare drownings investigation San Jose Jan 28 Parents still seeking justice 2 years after their toddler drowned at daycare Despite the charges, both defendants remain out on bail. Co-defendant Nina Fathizadeh appeared in court on Monday as her attorney argued that she should be granted a mental health diversion based on a documented history of post-traumatic stress disorder, depression, and anxiety. According to the filed request, Fathizadeh had prior trauma associated with a house fire, abuse, and the loss of family members during the Iran-Iraq war. Her defense, Raffi Manuelian, claimed that stressors in the home, including items left on the stove, triggered a manic episode on the day of the incident, distorting her sense of time and judgment while the children were left unattended in the backyard. According to her attorney, Fathizadeh has shown remorse for the children’s death, crying daily and suffering from recurring nightmares. However, Judge Kelley Paul denied the request after hearing emotional testimony from one of the victim’s family and arguments from the prosecution. Scott Hanan, the father of Lilian Hanan, one of the toddlers who drowned, addressed the court directly, urging the judge not to grant the mental health petition. Hanan said the families also live with lasting trauma and nightmares, arguing that past mental health struggles should not excuse what he described as neglect. The Cobb family was also in court. Prosecutor O’Bryan Kenney emphasized the drownings were not an isolated incident, pointing to what they called a pattern of gross negligence. They referenced the additional charges against Fathizadeh, including allegations that she previously transported seven children without car seats a few months before the drownings and operated an unlicensed daycare. According to court records, a cell phone picture discovered during the investigation shows the children in a moving car without proper seatbelts. The prosecution also highlighted the defendant’s actions on the day of the incident, stating that after discovering one child in the pool, Fathizadeh failed to act quickly and left two children in the water for several minutes. A motion filed in August of 2025 to exclude statements made to police during the investigation was also denied late last year. In it, the defendant alleged her statements were taken in violation of her Miranda rights and should be excluded. It argued that Fathizadeh did not understand her rights because of a language barrier and that a request for counsel was ignored. Despite multiple motions and petitions that have kept the daycare owners out of custody and delayed proceedings, the case is now moving toward trial. Both defendants have plead not guilty and are set for jury trial on Feb. 17th. The criminal case continues alongside a civil lawsuit stemming from the deaths. Contact The Investigative UnitEmail Hilda: [email protected] | submit tips | 1-888-996-TIPS ...read more read less