Five-year-old Elliana Sapp was sitting on a railing aboard the Disney Dream cruise ship after her mother, Michelle, told her to climb up and pose for a photograph.
Moments later, Elliana fell backward through an open porthole. Her father, Keegan Sapp, immediately leapt over the side of the ship to rescue her from the icy Atlantic waters.
However, newly obtained law enforcement audio reveals that Michelle later suggested Disney should face scrutiny for nearly killing her daughter when questioned by a deputy investigating a possible child abuse case.
Michelle, a 38-year-old lawyer from Long Island, New York, told investigators she believed the porthole was covered with glass or plastic when she instructed Elliana to climb into it.
Instead, Elliana plunged 49 feet from the fourth deck into the ocean at 11.29am on June 29, 2025, as the ship traveled from the Bahamas back toward its port in Florida.
Keegan, a fit 38-year-old lawyer, jumped into the water roughly 45 seconds later. He kept both himself and his daughter afloat for 19 minutes before the ship’s crew reached them in an emergency skiff.
Elliana Sapp is pictured with her lawyer mother, Michelle, who told the child to climb onto a porthole aboard a Disney cruise ship before she plunged into the Atlantic
Elliana was rescued after her father, Keegan Sapp, dived into the ocean. Miraculously, both suffered only very minor injuries
Michelle spoke with Broward County Sheriff’s deputies in Fort Lauderdale while her husband recovered from hypothermia, two spinal fractures and lactic acidosis.
She appeared incredulous when the deputy explained that the incident was being investigated as possible child abuse and neglect, insisting that neither she nor Keegan should be suspected.
“Like Disney abusing them?” Michelle asked. The couple had been celebrating their sixth wedding anniversary aboard the luxury cruise when the near-tragedy occurred.
“Because I think maybe having that window not covered or signs or ropes or better covering, I think that is endangering the children of that ship,” she said.
Michelle said Disney investigators told her husband the portholes were left open because the area formed part of a jogging track and became too hot when enclosed.
Showing the deputy a photograph of the portholes on her phone, she said: “It looks like right there these holes are the only ones without a covering. I don’t understand why that wasn’t.”
Michelle told investigators she had photographed Elliana beside the views through numerous windows and portholes during the cruise, saying they had always appeared to be covered.
The Sapps are pictured with Elliana. New audio obtained by the Daily Mail shows Michelle suggesting to the Broward County Sheriff’s Office that Disney should have faced a child abuse investigation over her daughter’s plunge into the ocean
“She took pictures in front of all of them, she laid in them… You assumed that there was a barrier there,” Michelle said.
“I didn’t even think about it,” she added.
Although Michelle admitted at one point that she also felt like “an idiot,” she otherwise did not accept responsibility for Elliana’s near-fatal fall and instead attributed the incident to the ship’s design.
Earlier in the interview, Michelle gave deputies a detailed account of what happened in the moments leading up to and immediately following Elliana’s fall through the porthole.
‘We were walking, we saw the portholes and we were like, I was like, let’s take a picture, like an idiot,’ she said, on the verge of tears.
‘She stood in front of it and… something caused her to lose her balance, so I’m thinking maybe the ship rocked or something.
‘She was sitting/standing on like the ledge in front of a porthole, and she just went back.
Prosecutors initially suggested that Michelle face a neglect charge, but ultimately the criminal case against her was dropped
Photos taken by police showed that under the porthole, the steel wall formed a kind of shelf, about the height of a man’s thigh, that the rest of the railing is built on top of
‘I was staring at her, taking a picture, waiting for her to fall into the plastic of the porthole, expecting something to catch her and she just kept going.
‘I went to the porthole and looked. I didn’t see her and then I started screaming.’
Keegan was walking 10ft ahead of his wife and daughter and didn’t know anything was wrong until he heard Michelle screaming.
‘I don’t remember seeing him jump in. I don’t know if I blacked that out. That’s all I saw and then I was running up and down saying like, why didn’t I jump in?’, Michelle told the interviewer.
‘She can’t swim [so] I’m assuming she’s like sinking into the bottom of the water. I don’t even know how she stayed afloat.’
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The deputy reassured her that: ‘Nobody’s in trouble for any of this, this is all purely an accident.
‘I will say your husband undoubtedly is a hero.’
But in reality, Broward County Sheriff’s Office came to believe that Michelle was to blame, and detectives were collating evidence to file criminal charges.
Bodycam footage also obtained by the Daily Mail showed the lead investigator taking a dim view of her while chatting with Disney crew members the next day.
Keegan and Michelle Sapp with Elliana and their youngest child at Christmas 2024
The design makes it easy for even a child to climb onto the shelf, and then on top of the much shorter railing above it
‘The parent should have known that’s not a safe place for a child to be,’ the deputy leading the investigation said.
The ship’s investigator said ‘it really bugged me’ that Michelle kept saying she thought there was glass on the porthole windows.
‘Firstly, there’s not a clean window on this ship’ and she would feel the wind, he said. ‘It would be 200 degrees down there’ if there weren’t open windows.
The deputies swore in shock as they watched security camera footage of Elliana fall backwards through the porthole, followed by a stunned silence as Keegan tried to find help for about 30 seconds before diving in after his daughter.
The crew explained to the Broward County deputies that Keegan told them he could see where his daughter was when he jumped. He got to her so fast she didn’t have any water in her lungs despite not being able to swim.
Elliana told the crew she ‘landed on her butt’ but doctors couldn’t find any bruising on her despite the 49ft fall. She was observed for eight hours in sick bay, then released.
‘By the time that was up she was being a typical five-year-old busting at the seams ready to go,’ the ship investigator told the deputies.
‘Dad is still dealing with lactic acidosis (a dangerous build-up of lactic acid in the body) from the most intense workout – the exertion, the excitement, fighting the current… once he got her he’s fighting just to stay afloat and hold her.
‘He told me the swells were over his head.’
Keegan dived in 45 seconds after Elliana fell and held her above the waves until they were rescued
Keegan appeared to have made a full recovery as he was photographed standing and leaning over during Michelle’s birthday party in September last year.
The deputy and the crew agreed the girl was lucky she wasn’t sucked under the ship, and it was a miracle she stayed afloat long enough for Keegan to reach her.
‘She doesn’t realize how lucky she is. There is a second railing on the side of the ship just below that section for the washing baskets,’ another crew member said.
‘She hits her head and that’s it,’ one of the cops replied.
Weeks later, detectives submitted their report to prosecutors recommending Michelle be charged with one count of child neglect without great bodily harm.
‘This act facilitated by [Michelle] placed the child in a life-threatening situation. As a result, the child fell from the ship and into the water, in an avoidable accident,’ the report read.
Keegan is pictured arriving back at the ship after he and Elliana were rescued. A cop who interviewed staff the next day said Michelle was to blame
However, assistant state prosecutor Melissa Kelly declined to file charges as Michelle’s negligence was not deemed egregious enough.
‘This was an isolated incident, and all available evidence shows that it was merely accidental,’ she wrote in a July 31 memorandum.
‘While the defendant’s conduct is arguably negligent and irresponsible, it does not rise to the egregious level of conduct necessary to establish criminal culpable negligence.’
Keegan has worked as an associate counsel for Long Island University since 2022 and teaches at Hofstra University. He was previously an employment lawyer.
The couple grew up on Long Island and got engaged on a trip to Paris in August 2017 and married on June 22, 2019. The cruise was to celebrate their wedding anniversary.
Their second child, a boy now aged two, was also on the cruise but was not present when his older sister plunged into the Atlantic.