DESPITE PRIOR SEXUAL HARASSMENT ALLEGATIONS BY SEVERAL EMPLOYEES AND A SETTLEMENT WITH NO ADMISSION OF WRONGDOING BY THE MASSAGE THERAPIST REMAINED EMPLOYED BY SOLANGE IN CALISTOGA UNTIL THE CLIENT'S ALLEGATIONS. >> RIGHT BEFORE WE GO, ANY FURTHER, LET'S WARN YOU HERE. THIS REPORT DOES INVOLVE SEXUAL CONTENT AND MAY NOT BE APPROPRIATE FOR CHILDREN. >> ABC7 NEWS I-TEAM REPORTER MELANIE WOODROW IS LIVE IN THE NEWSROOM. MELANIE AMA AND DAN, THE CALISTOGA POLICE DEPARTMENT, TELLS ME THERE'S AN OPEN INVESTIGATION. >> THE SPA CLIENT SAYS SHE BELIEVES THE SEXUAL ASSAULT COULD HAVE BEEN PREVENTED, AND SHE WANTS TO KNOW WHY THE MASSAGE THERAPIST WASN'T FIRED SOONER. ALICIA EASTWOOD AND HER FAMILY WERE REGULARS AT SALON PART OF THE AUBERGE RESORTS COLLECTION IN CALISTOGA. >> IT WAS ALWAYS A PLACE THAT WAS VERY SAFE. UM, PRIOR TO THIS INCIDENT, ACCORDING TO HER LAWSUIT, IN SEPTEMBER, WHILE STAYING AT SALON, EASTWOOD SAYS MASSAGE THERAPIST ELLIOT FERRER, SEEN HERE IN A DEPOSITION FOR A PRIOR SEXUAL HARASSMENT IN THE WORKPLACE LAWSUIT, SEXUALLY ASSAULTED HER DURING A MASSAGE. IT WAS UNREAL. I COULDN'T BELIEVE IT. I COULDN'T BELIEVE WHAT WAS HAPPENING. >> AS DETAILED IN HER LAWSUIT AS HE WAS MASSAGING MY BACK, UM, I FELT LIKE HIS HANDS WERE GOING TOO FAR DOWN ONTO MY BOTTOM. >> UM, WHEN HE WAS STRETCHING ME , THE TOP PART OF MY BODY WAS EXPOSED, AND. AND HE TOOK MY RIGHT ARM AND PULLED IT BACK AND PULLED MY SHOULDER, UM, WHICH WAS FACE DOWN ONTO THE TABLE, UP OFF THE TABLE SO THAT MY RIGHT BREAST WAS EXPOSED. >> AND ONCE SHE TURNED OVER, EASTWOOD SAYS, THE MASSAGE BECAME MORE UNCOMFORTABLE TO THE POINT OF, UM, LATER GOING TO THE POLICE. IN HER LAWSUIT, EASTWOOD DETAILS HOW FERRER ALLEGEDLY TOUCHED HER, AND AT THE VERY END OF WORKING ON THE RIGHT SIDE OF MY BODY, HE PUT HIS HAND, UM, ON TOP OF MY, UM, ON TOP OF MY BREAST, INCLUDING MY NIPPLE, AND HELD IT THERE FOR A FEW SECONDS AND THEN. WALKED AROUND AND COMPLETED THE MASSAGE IN THE SAME WAY. >> ON THE OTHER SIDE OF MY BODY. >> ACCORDING TO HER COMPLAINT. OUTSIDE THE ROOM, SHE SAYS FERRER REPEATEDLY OFFERED HER HIS PHONE NUMBER SO THAT HE COULD WORK ON HER AT HER HOME. WHEN SHE REFUSED, HE DEMANDED MY PHONE NUMBER. EASTWOOD SAYS SHE TOLD HIM SHE WAS UNCOMFORTABLE WITH THAT AND WENT INTO THE WOMEN'S LOCKER ROOM. >> IT WAS MY BODY, BUT I DIDN'T WANT TO BE IN IT, SHE SAYS. >> SHE REPORTED THE INCIDENT TO A SPA MANAGER, WHO ALLEGEDLY SAID SHE WOULDN'T HAVE TO PAY FOR THE MASSAGE. SHE ALSO SAYS SHE SPOKE WITH THE RESORT MANAGER AT THE FRONT DESK. >> THEY NEVER ASKED IF I WAS OKAY. THEY NEVER ASKED IF I WANTED TO FILE A REPORT, IF I WANTED TO SPEAK TO THE POLICE. >> SHE LEFT THE RESORT A DAY EARLY AND FILED A POLICE REPORT WITH CALISTOGA PD. SHE ALSO FILED A CIVIL LAWSUIT AGAINST SALON, AUBERGE RESORTS AND ELLIOT FERRER ON NOVEMBER 20TH BY EMAIL. A POLICE SPOKESPERSON TELLS THE I-TEAM THE CASE IS CURRENTLY IN OPEN INVESTIGATION. QUOTE ONCE OUR INVESTIGATION IS COMPLETE, THE CASE WILL BE FORWARDED TO THE NAPA COUNTY DISTRICT ATTORNEY'S OFFICE IF APPROPRIATE. IN A LETTER, THE AUBERGE RESORTS AREA VICE PRESIDENT SENT EASTWOOD. HE WRITES, QUOTE, WE HAVE BEEN FULLY COOPERATING WITH THE POLICE AND THEIR INVESTIGATION. HE ALSO WRITES THAT AFTER EASTWOOD'S ALLEGATIONS, FERRER WAS TAKEN OFF THE SCHEDULE AND IS NOW NO LONGER WORKING AT SALON. ALSO, THAT EASTWOOD STAY AT SALON HAD BEEN FULLY REFUNDED IN A SECOND LETTER HE SENT TO EASTWOOD, HE WROTE THAT FERRER DENIED ALL THE ALLEGATIONS, BUT THAT THEY DID NOT FIND HIS DENIALS CREDIBLE AND FOUND HER ALLEGATIONS CREDIBLE. ALSO THAT THEY PLAN TO IMPLEMENT SOME OF HER SUGGESTIONS AROUND CRISIS RESPONSE TRAINING. EASTWOOD LATER LEARNED SHE WASN'T THE FIRST TO REPORT FERRER TO SALON. IN APRIL, FOUR FORMER EMPLOYEES SETTLED A LAWSUIT WITH SALON WITH NO ADMISSION OF WRONGDOING, ACCUSING FERRER OF SEXUAL HARASSMENT IN THE WORKPLACE, INCLUDING ALLEGEDLY SPEAKING TO THEM IN A SEXUAL MANNER, STALKING THEM, GIVING THEM GIFTS AND UNWELCOMED HUGS, AND GETTING ANGRY WHEN HIS ADVANCES WERE REBUFFED. LEILA MILLER WAS ONE OF THE FOUR FORMER SALON EMPLOYEES WHO CLAIMS FERRER SEXUALLY HARASSED HER. >> I THINK IT GRADUALLY JUST GOT MORE UNCOMFORTABLE FOR ME WHEN HE WOULD GO TO HUG ME AND I WOULD PULL AWAY OR BE UNCOMFORTABLE. HE WOULD. HE WOULD GET VISIBLY ANGRY WITH ME. >> AND ITS ANSWER TO THE COMPLAINT SALON DENIED ALL ALLEGATIONS, AS DID FERRER IN HIS DEPOSITION. DESPITE THE SETTLEMENT, WHICH INCLUDED NO ADMISSION OF WRONGDOING, SALON DID NOT FIRE FERRER. EASTWOOD BELIEVES HER SEXUAL ASSAULT COULD HAVE BEEN PREVENTED. I WILL LIVE WITH THIS, YOU KNOW, AND. SO AND IT DIDN'T HAVE TO HAPPEN. >> THEY KNEW WHAT TYPE OF PERSON THAT HE WAS, AND WE TOLD THEM. ALL OF US TOLD THEM HOW HE WAS AND THEY DIDN'T LISTEN. THEY HAD THE OPPORTUNITY TO FIRE HIM AND THEY CONTINUED TO LET HIM WORK THERE. >> ATTORNEY JOHN WEINER REPRESENTS THE FOUR FORMER EMPLOYEES AND IS ALSO NOW REPRESENTING ALICIA EASTWOOD. >> ALICIA'S CASE TO ME, REPRESENTS, UM, A COMPANY NOT TAKING RESPONSIBLE PLEA. UM FOR WHAT IT NEEDED TO DO. HE JUST GOES ON HIS MERRY WAY. ACCORDING TO THE CALIFORNIA MASSAGE THERAPY COUNCIL, FERRER'S LICENSE EXPIRED IN MAY OF 2022. >> IN OCTOBER, FERRER STARTED WORKING AT HEALTH SPA NAPA VALLEY, BUT WAS LET GO THIS MONTH, HELPED BY NAPA VALLEY TELLS THE I-TEAM THERE WAS NO INCIDENT OR COMPLAINT INVOLVING FERRER WHILE HE WORKED THERE, BUT THAT AFTER LEARNING ABOUT EASTWOOD'S ALLEGATIONS, HE IS NO LONGER EMPLOYED BY HEALTH SPA NAPA VALLEY. THE I-TEAM'S ATTEMPTS TO REACH FERRER WENT UNANSWERED, AND SALON AUBERGE RESORTS, THE ATTORNEY AND PR COMPANY REPRESENTING THEM, HAVE NOT YET RESPONDED TO OUR EMAILS OR PHONE CALLS REQUESTING A COMMENT. EASTWOOD SAYS SHE'S SHARING HER STORY OUT OF CONCERNS FOR OTHERS. >> I DON'T WANT THIS TO HAPPEN TO ANYBODY ELSE. >> SINCE. HER SETTLED LAWSUIT, THE OTHER WOMAN I INTERVIEWED, LEE EILEEN MULLER, IS NO LONGER WORKING AS A MASSAGE THERAPIST. SHE DECIDED TO BECOME A NURSE IN THE NEWSROOM FOR THE I-TEAM. MELANIE
