Gathers’ Mother Says Her Son Given Cash by Loyola Booster : Depositions: Her testimony points to Albert Gersten, one of the financiers of the school’s gymnasium. It raises questions about future NCAA sanctions.

Albert Gersten, prominent Loyola Marymount University booster who helped finance construction of Gersten Pavilion in honor of his late father, has been accused of providing financial support to Hank Gathers, according to recent testimony by Gathers family members.

In depositions taken in connection with a wrongful-death suit filed by the Gathers family against Loyola and 13 other defendants, Gathers’ mother and brother said that Gersten gave cash to Gathers while he was on a basketball scholarship at Loyola.

In her deposition, Lucille Gathers said that she received $2,000 in cash from her son, plus gifts. She said Gathers bought those gifts for her with money he had received from Gersten, a Loyola Marymount alumnus. Depositions are given under oath.

Such gifts to a player are violations of NCAA rules and if the accusations are true, Loyola will face penalties by the NCAA and the West Coast Conference, Loyola’s league. The NCAA, however, would probably not take any of the approximate $800,000 Loyola received from playing in the NCAA tournament last season because Gathers did not play in those games.

Gersten, a Beverly Hills real estate developer who also owns fast-food franchises and is the largest of about 20 boosters who financed construction of Gersten Pavilion, denied the accusations.

“It’s not true,” he said. “I didn’t help Hank. I gave him meals occasionally. He would be over at the house and we would have dinner and he would eat. But that’s it. The lawyer (for Loyola Marymount) said they are saying this to prove Hank supported his mother for the lawsuit.”

Gersten said that after Gathers died, he bought suits for a couple friends of Gathers and paid for the limousines used at the funeral in Philadelphia. He said the limousines cost about $1,500.

Gathers collapsed March 4 at Gersten Pavilion while playing in a West Coast Conference tournament game, and was pronounced dead 1 hour 40 minutes later at Daniel Freeman Marina Hospital. An autopsy determined the cause of death to be cardiomyopathy, a heart disorder.

Subsequently, Gathers’ mother, brothers Derrick and Charles and an aunt, Carol Livingston, filed a $32.5-million suit against the university and 13 other defendants claiming negligence, conspiracy and wrongful death.

That suit has been consolidated with another filed by Gathers’ estate and 6-year-old son, Aaron Crump, against the same defendants but for an unspecified amount.

In the depositions, Lucille Gathers said that in addition to the cash she received from Gathers during the three years he was at Loyola, he also gave her gifts that included living room furniture, a VCR, a dining room set and clothes.

“(Hank) didn’t have a job, and I would question him about where he’s getting his money from and his apartment and all that stuff, and he would tell me, ‘Mom, Al and . . . ‘ ,” Lucille Gathers said. In that passage in the testimony, she mentioned no name other than Gersten’s. Nothing was deleted.

Lucille Gathers also testified: “And I’ve seen him (Gersten) give him (Hank) money, but he didn’t want me to see him. I’ve seen him pass money to Hank. . . lots of times on tournaments when I’d come out.”

Lucille Gathers testified that she asked Gersten to stop giving her son money, but that Gersten didn’t say anything.

“He laughed,” she said.

She also said that Gersten gave money to Derrick, Hank’s brother, who completed his basketball career at Cal State Northridge last season. An attorney for Loyola said that Derrick also testified that Gersten had given money to Hank Gathers.

Gersten told The Times: “Hank came over to see me about one-third of the time and my 9-year-old son the rest of the time. From the time my son was 5, they would play basketball together. “I didn’t help--other than the meals--but if I had been helping them, now they are trying to hang me out to dry.”

Bruce Fagel, the attorney representing the Gathers family, said that it was widely known that Gersten helped support Gathers.

“There were some things done after Hank decided to stay in school (for his senior year) instead of turning pro, and that is where everything started,” Fagel said.

“Gersten is in an awkward position because he was giving money, and I think the circumstances under which he was giving it were with very good intentions and everyone else let him do it. They sort of didn’t want to know about it, but didn’t stop him either. They didn’t want to.”

Brian Quinn, athletic director at Loyola, said he notified the West Coast Conference as soon as he was told about the allegations in the depositions.

“We didn’t believe it, but we followed the procedure and reported it to the conference and then they report to the NCAA,” Quinn said. “I’m pretty close to the athletes. I used to talk with Hank a lot, and I have met with Gersten many times and I have no reason to believe that these allegations are true.”

Quinn said he has not heard from the conference or the NCAA. Mike Gilleran, commissioner of the WCC, said that he filed a report with the NCAA.

Bob Minnix, assistant director of enforcement for the NCAA, would not comment on whether the NCAA is reviewing the allegations. He did say he is not aware of any case during his 16 years with the organization in which the primary focus of an investigation was an athlete who had died.

“Like anything else, if a booster admits something happened or a mother said she saw something, it would be worth looking at,” Minnix said. “You could still have documentation--notes, tape recordings, anything to support the allegation. A death does not automatically disqualify us from reviewing a matter, especially if other information is available.”

The testimony on Gathers giving his mother money is pertinent to Fagel’s case because of a motion that will be heard in Los Angeles County Superior Court, Jan. 17. That motion asks the court to deny Lucille Gathers the right to sue for wrongful death.

“In order for a mother to recover damages from the wrongful death of her child when there is an heir, she must show she was dependent for the necessaries (sic) of life, i.e., food, clothing and shelter (and medical treatment), at the time of his death,” said Wayne Boehle, the attorney representing Loyola.

Boehle contends that Lucille Gathers earned enough from her job at Hahnemann University Hospital in Philadelphia to support herself, and that any money given to her by her son would be extra.

“From the motion’s standpoint, it doesn’t make any difference, whatever he was giving his mother,” Boehle said. “Even if she was getting money from him--which I don’t think she was--it doesn’t matter whether it was $1 or $1,000 if it was not being utilized by her for the necessaries of life, which she must show.”

The wrongful-death cause of action is one of six causes Fagel filed in the suit, but it is the strongest. The court has already thrown out one cause dealing with prospective economic gain the family might have realized if Gathers had played professional basketball.

Several of the other causes have been pruned down and sent back to Fagel for revision. Those will be heard Jan. 10.

The suit filed on behalf of the son and estate is not affected by these actions.

Fagel said that it was not a well-kept secret that Gathers had significant amounts of money.

“Hank drove a brand-new car around campus and everyone knew where he lived,” Fagel said. “It wasn’t in the dorms or in subsidized housing. He was on a scholarship that paid for his room, board, books and tuition. The university acknowledged that the amount allowed for Hank’s room and board in no way could cover the apartment he was living in. Especially since he paid the full rent--his roommate didn’t have any money.”

Gersten said that Gathers’ car, a new Mercury Cougar, was co-signed for by a friend of Gersten.

“After they met, they became friends,” Gersten said. “That’s how it was with Hank.”

Gersten said the person who had co-signed, whom he declined to identify, is not affiliated with Loyola.

“Hank was always behind on his payments,” Gersten added.

Quinn said that when he saw Gathers driving a new car, he looked into the situation.

“He (Hank) assured me that a friend helped him get a loan from a bank in Philadelphia,” Quinn said. “It wasn’t anyone who had anything to do with LMU.”

Gersten and Quinn said that Bo Kimble, Gathers’ friend and teammate, also got a new car while on scholarship--a Thunderbird--and that it was also obtained without violating any rules. “I think people underestimate Hank--he was industrious,” Gersten said. “He used to go to the horse track a lot, and he was fairly good at gambling. He also used to play street ball for money.”

Gersten told Boehle to call Kimble for verification that Gersten had not given Gathers financial support.

“Gersten said, ‘Check with Bo Kimble, he’ll tell you,’ but I still haven’t checked with Bo,” Boehle said.

Kimble’s representative, David Spencer, and his attorney, Leonard Armato, declined comment.

In the aftermath of Gathers’ death, it appeared that Gersten had become somewhat alienated from the university. It was Gersten who introduced the Gathers family to Fagel, who ultimately filed suit against the school. Gersten was also behind in his payments on Gersten Pavilion, but says the payments now are current.

“Any differences I may have with the school have nothing to do with Hank,” Gersten said. “I am on the Board of Regents, so sometimes I have different ideas on the way things are done. And Fagel was just one of 15 or so attorneys that the Gathers family interviewed after Hank died. (The school) still sends me my tickets.”

Gersten said he has not talked with Lucille or Derrick Gathers since the funeral. Derrick called him a couple of weeks ago, but he hasn’t returned the call, Gersten said.

“My relationship was with Hank,” Gersten said. “I knew them (the family), but I don’t feel close. I would like them to be financially set, but it’s hard to return that call.

“All this infighting is awful. They are accusing me and other people, and in reality, even if they are successful, it will be a zero. It can’t bring Hank back.”