Mark Schubert Flip-Flops on Statement About Hiring P.I. to Follow Coach — Recently Acquired Transcripts Dispute OCR Article

Editor's note: This article has been updated from its original version to clarify details regarding the hire of a private investigator to document an inappropriate coach-swimmer relationship.

HUNTINGTON BEACH, California, January 26. AN article published Thursday by the Orange County Register claims that a previous statement from Mark Schubert's attorney about not hiring a private investigator to document an alleged coach-swimmer sexual relationship was false.

The article claims that in depositions this month in a wrongful termination lawsuit filed by former Golden West Swim Club coach Dia Rianda, Schubert said that he and Golden West assistant coach Bill Jewell hired a private investigator in 2010 to follow Sean Hutchison, then the head coach at FAST in Fullerton, Calif., and swimmer Ariana Kukors in order to prove any inappropriate conduct between the two.

But Swimming World received a copy of the transcript from Schubert's attorney, Rich Foster, offering proof that the details in the Orange County Register's article were misreported. It turns out that Jewell acted alone in seeking out the services of the private investigator, and that Schubert had no direct involvement in the hiring.

Excerpt from the deposition's transcript:

Many years. He dated my eldest daughter.
2 Q Have you ever had a conversation with Ms. Rianda
3 about using Patrick to surveil a coach named
4 Sean Hutchison?
5 A Yes.
6 Q What did you tell Ms. Rianda?
7 A That Bill Jewell had contracted — I don't know
8 if contracted is the right word — but had Patrick
9 surveil Sean Hutchison.
10 Q How did you obtain that information?* For
11 example, did Mr. Jewell tell you that or did Patrick tell
12 you that or a combination?
13 A Mr. Jewell told me that.
14 Q What did Mr. Jewell tell you?
15 A Told me that he had contracted with Patrick to
16 surveil Sean Hutchison.
17 Q Approximately when did Mr. Jewell tell you that,
18 Mr. Schubert?
19 A It was the winter, approximately November of
20 2010.
21 Q And just by way of a timeline, I believe, and
22 you can tell me if I'm wrong, that the Washington Post
23 story written by Ms. Shipley of the Washington Post came
24 out at the very end of 2010; does that comport with your
25 memory?
1 A Yes.
2 Q What did Mr. Jewell tell you as to why he was
3 contracting with Mr. Horsemen to surveil Mr. Hutchison?
4 A Horsemen is not his last name, but I will get
5 you his last name.
6 Q Okay. Let me ask — thank you. And let me ask
7 it again so we have a complete answer and question.
8 Thank you for that clarification.
9 What did Mr. Jewell tell you as to why he
10 contracted with Patrick to surveil Mr. Hutchison in the
11 winter of 2010?
12 A Because of rumors around the country that Sean
13 Hutchison was having an affair with one of his swimmers.
14 Q And that swimmer was Ariana Kukors; is that
15 right?
16 A That's the rumor.
17 Q Allegedly?
18 A Allegedly.

Kukors, then 21, was one of the swimmers trained by Hutchison at the postgraduate group in Fullerton, though their coach-athlete relationship extended back to their days at King Aquatics in Seattle, when Kukors was a teenager with a bright swimming future.

Hutchison resigned from his post at FAST in 2011 amidst the allegations of inappropriate conduct, though USA Swimming cleared him of any wrongdoing.

As reported by Swimming World in October, Foster said “Schubert never hired a private investigator and never had any evidence that Hutchison had an inappropriate sexual relationship with one of his swimmers. Plaintiff's allegations are simply false.”

The hiring of the private investigator took place late in 2010, after Schubert was relieved of his duties as national team director at USA Swimming. In the meantime, Schubert began the process of finding a club to coach, finding Golden West Swim Club and Golden West College in 2011.

Rianda's lawsuit stems from allegations she made against Jewell about inappropriate touching and behavior with young swimmers. USA Swimming is investigating allegations against Jewell, according to the Orange County Register.

Robert Allard, the attorney for Rianda, submitted the following response to Swimming World:

To be clear, Mr. Schubert did not admit in his deposition to being the one that actually “hired” the investigator. He said that he provided the name of the investigator to Mr. Jewell, who, according to Mr. Schubert, subsequently did the actual “hiring.” Mr. Schubert also said that his wife came into possession of the photograph and she showed it to him. Mr. Schubert also conceded that he (was) the one who was the source for Ms. Shipley's article concerning Mr. Hutchinson as published by the Washington Post. Finally, Mr. Schubert admitted that his former swimmer Kelley Davis indeed confided in him when he was the coach at the University of Texas in the early 1990's that she was sexually molested by Rick Curl and that he did not report this to USA Swimming until 2007.

That being said, according to my client Dia Rianda, Mr. Schubert told her on numerous occasions that he was indeed the one who hired this investigator, whose first name is “Patrick.” According to Ms. Rianda, he openly boasted about it to her, going so far as to say that he had in his possession photographs of Mr. Hutchinson and Ms. Kukors which he was keeping in his safe for “insurance.” She also tells me that Mr. Schubert and Patrick had a longstanding relationship and that Patrick in fact dated Mr. Schubert's daughter for a number of years prior to the time that he was actually retained. Mr. Schubert's wife also has worked for Patrick for a little over a year.

It seems to us that there is a “play on words” that is occurring here in an apparent attempt to create a distraction from what we believe is the true issue here, which is that inappropriate actions were undertaken for personal gain. Whether Mr. Schubert or Mr. Jewell was the one who said “you're hired,” in our view, is immaterial. When the totality of the evidence is considered, it is clear to us that these two gentlemen acted in concert relating to the covert surveillance of Mr. Hutchinson and Ms. Kukors. From our standpoint, Mr. Foster attempted to distort the truth when he at least strongly implied that Mr. Schubert had no involvement in this investigation and that nothing incriminating was uncovered.

Full text of Orange County Register article

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