By JOHN CHRISTOFFERSEN
Associated Press Writer

NEW HAVEN, Conn. (AP) - A swimming pool company president charged with second-degree manslaughter in connection with the drowning of a 6-year-old boy had been told about a law requiring a safety device but failed to install it in the pool, according to an arrest affidavit.

Police in Greenwich said Monday that Shoreline Pools President David Lionetti ``recklessly caused the death'' of Zachary Cohn last summer by not having his company install mandated safety devices in a pool built for the boy's family in Greenwich. Police alleged the safety devices would have prevented the boy's death when his arm was trapped by the suction of a powerful drain pump.

Lionetti, 53, of Stamford, was charged Monday and faces up to 10 years in prison if convicted. His attorney has said he will plead not guilty.

One of the devices in question is called a safety vacuum release system, which prevents suction entrapment by detecting sudden suction pressure obstruction and shutting the filtration system down.

The affidavit quotes Lionetti's attorney as saying Shoreline Pools was not aware that a state law passed in 2003 and effective in 2004 required the device.

But John Romano, past president of the Northeast Pool and Spa Association and president of a pool company in Norwalk, said he told Lionetti about the new law as part of an awareness campaign the trade group conducted in October 2005.

``We had a cordial conversation and he said he would check out and see what the new code was and that he thought that the pools he was building were safe in code compliance with the exception to the SVRS units,'' Romano said, according to the affidavit.

A town permit was issued for the pool in June 2005 and a certificate of occupancy was issued in August 2006, the affidavit says.

The trade group also sent alerts to Shoreline Pools about code changes, the affidavit said. Numerous employees of Shoreline Pools, including Lionetti, attended annual trade shows where the devices were displayed and marketed, according to the affidavit.

Lionetti failed to attend any continuing education classes in 2006 and 2007 that were required for renewal of his state trade license and his license has lapsed, according to the affidavit.

Richard Meehan Jr., Lionetti's attorney, questioned Romano's account. Romano's company is a major competitor of Shoreline Pools, Meehan said.

``Whether or not that conversation took place is going to be a question of fact that needs to be resolved in a courtroom,'' Meehan said.

Telephone messages were left Wednesday for Romano and an attorney for the boy's family.

Prosecutor David Cohen said investigators spent a year on the case before deciding to charge Lionetti.

``We don't bring cases unless we feel we can prove our case beyond a reasonable doubt. Obviously we feel that way,'' Cohen said.

Lionetti is not required to be involved in every aspect of the business and other employees have the appropriate licenses, Meehan said.

Lionetti was released on $25,000 bail and is due to appear in court July 28.

By charging manslaughter, prosecutors have set a high bar in which they must prove Lionetti knew about the law mandating the safety device and consciously disregarded an unjustifiable risk, Meehan said.

But Jeffrey Meyer, a Quinnipiac law professor and a former federal prosecutor, said prosecutors do not necessarily have to prove Lionetti knew about the law though that would help their case. He said authorities must show he consciously disregarded a substantial and unjustifiable risk.

``It seems to me the state's going to have a pretty strong case given the existence of a clear legal standard,'' Meyer said.

Since 1985, more than 150 cases have been reported around the country of swimming pool drain entrapments, leading to at least 48 deaths and many serious injuries, including disembowelment, of children and adults, according to a lawsuit filed by Zachary's parents.

Police said Zachary Cohn drowned when his arm became stuck in an intake valve in the deep end of the family's in-ground pool on July 26, 2007. Water entering the intake valve is pumped through filters before being returned to the pool.

An investigation determined that a plastic safety cover for the filtration system came loose and the boy's arm was sucked into the drain almost to his elbow, according to the affidavit.

The safety cover had come loose a month earlier and was repaired by Shoreline Pools, according to the boy's mother. The boy told his mother earlier in the day that the drain cover was loose and she told her children to stay away from it until it was fixed, according to the affidavit.

The safety vacuum release system is mandated as a safety backup to prevent suction entrapment when the pool drain cover is loose or off for any reason. If the system had been installed, the boy would not have become entrapped and drowned, according to the affidavit.

Meehan said the grate cover ``is the first line of protection'' and if it was in place, ``any other safety devices wouldn't come into play.'' He said prosecutors will need to prove Lionetti knew the cover came loose and created an unjustifiable risk.


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