Families tearfully tell coach in custody how he ruined their lives

by Dolores Fox Ciardelli

About 60 people – girls, mothers and fathers – filled the courtroom at Superior Court in Hayward last Friday to lend support to those who stepped forward to tell about being molested by their gym coach.

After more than an hour of emotional testimony, Judge Robert K. Kurtz sentenced Robert Shawler, 40, a Pleasanton resident and former owner of Cal West Gymnastics in Fremont, to three years in state prison.

The molestation charges involved seven girls from Fremont and Pleasanton who began to come forward in January 2004 to tell about incidents taking place between June 2000 and November 2003. Shawler pleaded no contest in September to two counts of child molestation and the maximum sentence he faced was six years in state prison.

The first victim to speak out, Courtney, 15, stood with her father and mother. The three also addressed Shawler, who sat, head down, next to his attorney.

“A child only gets to be a child once,” her father said. “Everyone who deals with children has an obligation.” He went on to say that Shawler had been a trusted friend, and he had attended Shawler’s wedding and helped his family move.

He asked that Shawler receive the maximum sentence, telling the judge, “If you chose to reduce the sentence it will support that nothing really happened. It’s not about rehabilitation. It’s about justice.”

Courtney was sobbing as she began to speak. “I was the first girl to come forward,” she said. “I was just 12 when Robert first touched me. From that day on, my life changed. I didn’t know what to do. I spent so many nights crying.” She dropped out of gymnastics, although she had been an Elite Gymnast, and said she felt guilt that she did not tell her parents sooner.

“How would you feel if someone did to your baby what you did to us?” she asked Shawler, choking back her tears. “There is only one person to blame for all this – it’s you.”

“I trusted you with my most precious possession, my child,” said another parent. “He fooled me into thinking he would take care of her. It’s not like a broken leg that will heal. As a parent, it’s the worst feeling in the world. Unless you’ve had a child molested, you’ll never understand the pain.”

“I’ll never forget what you did,” said Alexa, 11. “I’ll never forgive you.”

Another victim, accompanied only by her mother, told of her difficulty making friends after she lost her friends at the gym. “My father won’t talk about it, and he treats me differently now,” she said.

“I charge this is just the tip of the iceberg,” said Deputy District Attorney Joni Leventis, who was prosecuting the case. “We knew these girls could get up and talk.” She said there were about 22-23 victims and the molesting began when they were 9 and 10 years old.

She told Judge Kurtz that she knew he had received many letters testifying to Shawler’s good character.

“A child molester picks his victims carefully,” Leventis said. “I say for those (supporters), well, good for them.” She asked the court to deny probation and sentence Shawler to the full six years.

Shawler’s defense attorney, William Gagen, said that no cases are more difficult than this one but he disagreed with Leventis, stating that Shawler has said he is ashamed of what he had done. He said Shawler had been a victim of sexual molestation himself, plus had moved 15 times in 17 years as a young man.

“This doesn’t excuse his conduct but it helps the court see why he did what he did,” Gagen said. “He’s out of gymnastics for life. No way will he be around children.”

Leventis also noted the sense of shame felt by the girls when in the beginning, Shawler and his wife accused them of lying.

“One of the purposes of the criminal justice system is to take the emotion out,” said Judge Kurtz, noting this had not happened. “One thing that goes without saying is these young women have nothing to be ashamed of.” He also urged the victims to receive help before problems develop “down the road.”

“We’re not here to determine guilt. There is guilt. We have to put it in the context of what we see here everyday,” Kurtz said, adding that tragic crimes are committed against children in Alameda County every day that he hears about in court.

He noted that three evaluations had been done of Shawler, with an associate warden recommending state prison; a correctional counselor recommending a suspended prison term; and a psychologist saying there was no clear evidence of pedophilia.

“With this crime I cannot justify probation,” Kurtz said. “There was a serious breach of trust here,” he said, noting that all parents have to sometimes trust others with their children.

He also stated there were mitigating factors: Shawler had no prior record; he himself had been a victim in his youth; and he acknowledged his guilt at a relatively early stage.

He sentenced him to three years in state prison, with credit for 128 days served and another 19 days for good conduct. Shawler also must register as a sex offender, and provide blood and saliva samples.

After the trial, several parents expressed disappointment with the sentencing, saying Shawler should have received the full six years in prison.

Helping the A.C.H.E.

In an effort to make something positive out of a terrible experience, two of the victims in the Robert Shawler molestation case have started the A.C.H.E. Foundation. A.C.H.E. stands for Abused Children Heard Everywhere and the girls, Courtney, 15, and Alexa 11, having chosen the motto: “Sharing our story to give others strength.”

The girls, one from Pleasanton, the other from Fremont, hope that by sharing their stories they can help other children understand how to reach out for help if they have been abused.

“Victims of child molestation suffer not only the physical trauma of the crime, but also the emotional anguish caused by the act itself and the breach of trust by the molester,” said Joni Leventis, the Deputy District Attorney who was assigned to prosecute the case. “Ironically, children feel ashamed to come forward, as if they have done something wrong.”

She also noted that victims such as Courtney and Alexa will be an amazing resource to other such children.

Courtney had been a gymnast since she was 3 and was a National Elite Gymnast when the incidents began. In January 2004 she came forward and told her parents that her gym coach had been molesting her for two years. “I don’t want other children to live with the A.C.H.E. that I felt for the two years before I told.”

Alexa was a gymnast for eight years and a National TOPS Gymnast for three years, winning state championships in beam, bars and floor events in 2003. Her dreams were shattered in March 2004 when she told her mother the coach had been molesting her. “I feel ‘stronger now’ after telling what was happening,” she said. “I want to tell my story so other molested children will have the strength to tell theirs.”

The foundation is selling “Stronger Now” bracelets for $2 each to wear in support of abused children who speak out. Part of the contributions goes to a partnering child abuse organization.

Story Source: Pleasanton Weekly, April 1, 2005

I’ll never forget what you did, and I’ll never forgive you,’ victim tells former gymnastics teacher

By Ben Aguirre Jr., STAFF WRITER
Inside Bay Area

HAYWARD — It was a day of roller-coaster emotions for the victims of a child molestation case.
The parents and children entered the courtroom motivated, hoping to convince a judge that their former gymnastics coach, Robert Shawler, who pleaded no contest in September to two counts of child molestation, deserved the harshest sentence.

During Friday’s hearing, many onlookers wept as the victims and their parents scolded Shawler for his actions.

But when the hearing ended and the punishment had been dealt, there was a sense of uncertainty.

Judge Robert Kurtz sentenced Robert Shawler, 40, former co-owner of Cal West Gymnastics in Fremont, to three years in prison.

Through the plea agreement, in which 17 similar charges were dismissed, Shawler faced a prison term of as much as six years.

“We’re disappointed he only got three years, but he is going to state prison,” one father said.

Kurtz made his decision after listening to the attorneys and several victims speak and after revealing the results of three psychological evaluations of Shawler.

The first two victims, Courtney, 15, and Alexa, 11, looked at Shawler as he sat in his chair showing no emotion.

“Did you really think I wouldn’t tell?” said Courtney, who was 12 when she was molested.

“You know I’m much stronger than that,” she said as tears ran down her cheeks.

Alexa followed Courtney’s comments.

“Deep down, you’re a heartless man who took advantage of me and my friends,” she said. “I’ll never forget what you did, and I’ll never forgive you.” She was 9 when she was molested.

The two have started a nonprofit foundation called “Abused Children Heard Everywhere,” which is geared toward giving victims a voice.

After a number of other victims spoke, Deputy District Attorney Joni Leventis told the judge that even though a plea bargain was accepted, she suspected there were more victims who didn’t come forward.

“What we charged was only the tip of the iceberg,” she said.

Defense Attorney William Gagen said he wouldn’t attack what the victims said and only pleaded with the judge to give Shawler the lightest possible sentence.

“He admitted he was ashamed of what he had done,” Gagen said.

He added that Shawler also was the victim of sexual abuse when he was a child, a factor that could have led to his actions.

“This doesn’t excuse his conduct, but maybe this gives meaning to what he did,” Gagen said. “What he’s done is awful.”

Kurtz then talked about the evaluations, which were performed by a psychologist, a member of a sex offender treatment program and a state correctional official.

Two of the three said Shawler was not a pedophile and recommended he be placed on probation. Only the state correctional official suggested jail time, Kurtz said.

“The problem with that is (the Department of Corrections) almost always recommends that,” the judge said.

After looking at all the facts, Kurtz said he couldn’t sentence Shawler to probation because of the severity of the crimes. He also said six years would be too harsh.

“There are things that happen all over Alameda County that would make your hair curl,” Kurtz said. “This is not the worst case I’ve seen.”

In all, seven girls claimed to have been touched inappropriately by Shawler at the gym between June 2000 and November 2003.

Shawler and his wife were part-owners of the gym but sold it shortly after he was arrested.

The Web site for Abused Children Heard Everywhere is www.achefoundation.org.

Staff writer Ben Aguirre Jr. covers police and the courts for The Argus. He can be reached at (510) 353-7011 or baguirre@angnewspapers.com.

Story Source: The Argus 3/26/05

Former gym owner to undergo psychiatric evaluation before sentencing

by Teresa C. Brown

A Pleasanton man was scheduled to turn himself into authorities today as he faces child molestation charges occurring at a Fremont gymnastic facility during a three-year period.

Robert Shawler, 39, is expected to surrender to authorities during a hearing held in Hayward.

In September, Shawler pleaded no contest to two counts of lewd and lascivious acts with a child, said Joni Leventis, the Alameda County deputy district attorney who handled the case.

The molestation charges involve four young girls; the oldest was 14 at the time of the incidents.

Once in custody, Shawler will be turned over to the state Department of Corrections, Leventis said.

Shawler will undergo a psychiatric evaluation, which may last up to 90 days, at a Vacaville facility before he will be sentenced in February for the crimes.

Following the evaluation, the Corrections Department will make a recommendation to the judge regarding his sentencing.

While probation may be recommended, given the number of victims involved, Leventis said she believed that was unlikely.

The maximum sentence Shawler faces is six years in prison, she said.

Additionally, he must register indefinitely as a sex offender, receive counseling, provide saliva and blood samples, and pay fines and restitution to his victims.

The alleged abuse occurred between June 2000 and November 2003 at Cal West Gymnastics in Fremont, a business Shawler owned from 2000 until June 2004.

Story Source: Pleasanton Weekly November 19, 2004

Story Source: Oakland Tribune September 29, 2004 (Link to article is no longer valid)

Story Source: Oakland Tribune April 17, 2004 (Link to article is no longer valid)

Story Source: Oakland Tribune April 15, 2004 (Link to article is no longer valid)