The family of a Los Angeles Unified School District special needs student who drowned while on a school field trip said the district is playing dirty and trying to move the upcoming trial out of LA County.
If the judge decides to allow the case to be heard somewhere other than LA, they worry they could lose witnesses to the miles.
The case stems from the June 2014 drowning of 16-year-old Erick Ortiz, who was on a field trip with classmates from Garfield High at Atlantic Avenue Park. Ortiz, who his family said could not swim, ended up in the pool and didn't surface.
Cesar Ortiz, the victim's brother, said he wants the LAUSD to admit what they've done.
Ortiz said he'll never forget that phone call two years ago to tell him his little brother was dead.
"My dad calls me frantically, tells me something bad happened to my brother," he said. "So many levels failed to protect my brother and we seek justice. That's all we want is justice."
In a lawsuit filed against the school district, the family points the finger at a specific teachers' aid assigned to solely stay with Ortiz, a special needs student. That day at the park, they say that didn't happen.
"That guy was assigned to my brother to take care of him and he failed him," his brother said.
In a statement, district officials said they couldn't comment but the case will be heard in Southern California.
Luis Carrillo, the Ortiz family attorney, said that could be anywhere, worrying that distances such as Kern County, Ventura and San Diego would be too much of a burden for the family and for potential witnesses.
"Many witnesses are Garfield High School students who would have to be taken by their parents to a faraway courthouse," Carrillo said.
Carrillo, who also represented students in the Miramonte sex abuse scandal, said attorneys representing LAUSD aren't playing fair in court.
"What they do is after failing to protect the kids, they make the lives miserable for the people suing the school district," he said.
According to a court filing, LAUSD attorneys cite a 1974 case giving them the right to change locations. The family believes it to be an attempt at a delay in getting justice.
"After this we want kids to be safer," said Cesar Ortiz. "Parents should know their kids are in safe hands. We gotta hold them accountable."
The case goes before the judge in downtown LA Wednesday morning. It'll be up to her to decide whether the case remains in LA County.
