Canada - Ezekiel Stephan, 19 mos, dies of meningitis, 13 March 2012

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Terry Vogt‏Verified account @CTVTerryVogt Jul 9
4 week re-trial for David & Collet Stephan will be heard by judge alone starting June 3, 2019. A jury found the couple guilty of failing to provide the necessaries of life for 19-month old son Ezekiel, but in May the Supreme Court overturned the conviction & ordered new trial.


Lethbridge News Now‏ @lethnewsnow Jul 9
New trial set for David and Collet Stephan in connection with the 2012 death of their 18-month-old son Ezekiel. #yql https://lethbridgenewsnow.com/article/611115/new-trial-set-david-and-collet-stephan …

New trial set for David and Collet Stephan

"...During an appearance in Court of Queen’s Bench Monday morning, July 9, defence counsel for the Stephans scheduled the four-week trial to begin June 3, 2019. They also re-elected to be tried by a judge alone, instead of judge and jury.

It was also noted that pre-trial applications and a voir dire – which will be covered by a publication ban – will run from Feb. 25–Mar. 8, 2019...."

New trial set for David and Collet Stephan
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2019 trial date set for parents previously convicted in meningitis death of Alberta toddler

Jul 09, 2018

"David and Collet Stephan will stand trial — once again — next spring, in their 19-month-old son Ezekiel's 2012 meningitis death, following their successful appeal to the Supreme Court of Canada in May. ...

On Monday, during an appearance in Lethbridge's Court of Queen's bench, defence counsel for the Stephans scheduled the four-week trial to begin June 3, 2019. They also re-elected to be tried by judge alone, instead of by judge and jury like their first trial...."

2019 trial date set for parents previously convicted in meningitis death of Alberta toddler | CBC News
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While awaiting his own retrial, David Stephan covers case of parents charged in toddler's death

October 1, 2018

"David Stephan, the Alberta father who made national headlines after a 2016 conviction in his son’s meningitis death, will be in a city courtroom for the next three weeks, vowing to ensure the trial of Calgary parents accused of negligence in their toddler’s death is covered fairly.

Packing a tripod-mounted iPhone with an attached mic, along with a notepad covered with neatly scrawled writing, the former Lethbridge resident sat in a Calgary courtroom Monday, where the Crown made opening statements in the trial of Jennifer and Jeromie Clark, who are charged with criminal negligence and failing to provide the necessaries of life for their 14-month-old son John, who died in 2013 of a staph infection and malnutrition...."

While awaiting his own retrial, David Stephan covers case of parents charged in toddler's death
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BBM

Parents ignored obvious signs their malnourished toddler was dying, jury told

October 1, 2018

"Jennifer and Jeromie Clark ignored the obvious signs their young son was dying until it was too late for doctors to save him, a jury was told Monday.

In his opening address, Crown prosecutor Shane Parker detailed the evidence he expects will show the Clarks are guilty of criminal negligence causing the death of their son, John...

“John’s parents … ignored the obvious and urgent need for John to see a real doctor much sooner,” the prosecutor said.

Parker said the boy, who only weighed 20 pounds, had an inflamed rash on 70 per cent of his body.

“Four of his toes were turning purple/black, or in layman’s terms, gangrene,” he said. “John died 21 hours into his hospital stay from what should have been a treatable staph infection.”

He said the parents incorrectly believed the rash was eczema, but it was “a skin reaction to malnutrition. It’s the Crown’s theory that these defendants did not feed John properly.”..."

Parents ignored obvious signs their malnourished toddler was dying, jury told
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YESorNO said:
While awaiting his own retrial, David Stephan covers case of parents charged in toddler's death

October 1, 2018

"David Stephan, the Alberta father who made national headlines after a 2016 conviction in his son’s meningitis death, will be in a city courtroom for the next three weeks, vowing to ensure the trial of Calgary parents accused of negligence in their toddler’s death is covered fairly.

Packing a tripod-mounted iPhone with an attached mic, along with a notepad covered with neatly scrawled writing, the former Lethbridge resident sat in a Calgary courtroom Monday, where the Crown made opening statements in the trial of Jennifer and Jeromie Clark, who are charged with criminal negligence and failing to provide the necessaries of life for their 14-month-old son John, who died in 2013 of a staph infection and malnutrition...."

While awaiting his own retrial, David Stephan covers case of parents charged in toddler's death
---------------

BBM

Parents ignored obvious signs their malnourished toddler was dying, jury told

October 1, 2018

"Jennifer and Jeromie Clark ignored the obvious signs their young son was dying until it was too late for doctors to save him, a jury was told Monday.

In his opening address, Crown prosecutor Shane Parker detailed the evidence he expects will show the Clarks are guilty of criminal negligence causing the death of their son, John...

“John’s parents … ignored the obvious and urgent need for John to see a real doctor much sooner,” the prosecutor said.

Parker said the boy, who only weighed 20 pounds, had an inflamed rash on 70 per cent of his body.

“Four of his toes were turning purple/black, or in layman’s terms, gangrene,” he said. “John died 21 hours into his hospital stay from what should have been a treatable staph infection.”

He said the parents incorrectly believed the rash was eczema, but it was “a skin reaction to malnutrition. It’s the Crown’s theory that these defendants did not feed John properly.”..."

Parents ignored obvious signs their malnourished toddler was dying, jury told
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Click to expand...

So they are supporting another couple who ignored obvious signs of medical distress while "exploring holistic health solutions" while their children deteriorated. They both ended up with dead children. Both sets of parents belong in prison!
:mad::mad::mad:
 
Snoopster said:
So they are supporting another couple who ignored obvious signs of medical distress while "exploring holistic health solutions" while their children deteriorated. They both ended up with dead children. Both sets of parents belong in prison!
:mad::mad::mad:
Click to expand...

Yup
 
Alberta couple charged in son’s death claim they can’t afford new trial

October 19, 2018

"...The Stephans won their right to a new trial in May, but now say that they were rejected by the legal aid office and cannot come up with the funds to pay a lawyer.

The court has suggested that they apply for court-appointed counsel.

They are expected to appear in the Court of Queen’s Bench in Lethbridge on June 3, 2019."

Alberta couple charged in son’s death claim they can’t afford new trial
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Stephans seek help with obtaining lawyer at pre-trial conference

OCTOBER 19, 2018

"The former southern Alberta couple found guilty of failing to provide their young son with the necessaries of life six years ago, have hit a few snags as they continue to prepare for a new trial next year.

David and Collet Stephan were in Lethbridge Court of Queen’s Bench Thursday for a pre-trial conference, during which they told the judge they still haven’t received disclosure for the new trial.

That trial, which was ordered last May by the Supreme Court of Canada following Stephans’ successful appeal of the 2016 conviction, is set to run for four weeks beginning June 3, 2019. Pre-trial applications and a voir dire – which will be subject to a publication ban – is scheduled to be held Feb. 25 to March 8, 2019.

David expressed concern that he did not receive all the disclosure for the first trial, and suggested some evidence had been falsified and destroyed. He said he wants an investigation into the matter....

David also pointed out during Thursday’s hearing they need to hire a new lawyer, and hope they can receive assistance, even though the couple has already been denied Legal Aid coverage. David told the judge they are facing financial hardships caused by the new trial.

“Is there a remedy beyond Legal Aid?” David asked.

Hughes suggested the Stephans apply for court-ordered counsel, known as a Rowbotham application, which is named after an Ontario case about the right to a government-funded lawyer...."

Stephans seek help with obtaining lawyer at pre-trial conference
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I totally dislike (I want to use a much stronger word here!!) these parents. The dismiss their responsibility in the death of their child. They play the victim and yet they are the ones responsible for the death of their vulnerable child.
 
Stephans seeking court appointed legal aid, trial reimbursement

November 8, 2018

"ETHBRIDGE - David and Collet Stephan, the couple originally found guilty in 2016 of failing to provide the necessaries of life to their 19-month-old son Ezekiel, must file three new applications before the end of November if they hope to potentially get court ordered legal aid for their trial next June.

A new trial was ordered for the pair, after the Supreme Court of Canada ruled the original trial judge did not properly instruct jurors “in a way that the jury could understand."

Ezekiel died of meningitis in 2012.

The two -- who appeared in Court of Queens Bench in Lethbridge Thursday, Nov. 8, before Justice Elizabeth Hughes via CCTV from Calgary -- told the court they had been unsuccessful in applying for Legal Aid, but still hoped to file a Rowbotham Application (court ordered counsel when legal aid is denied) in conjunction with a Fisher Application (court appoints a specific lawyer to a case, for a specific reason).

They also intend to seek reimbursement for their expenses during past trials, saying the court should cover the cost because of the judge's error in his charge to the jury.

David Stephan explained to the court that he and wife Collet have liquidated most of their assets, are still indebted to their previous counsel and cannot afford to pay additional legal counsel.

In the hopes of speeding proceedings along, Justice Hughes agreed to a three-week adjournment, so the necessary applications could be filed, as the Stephans move to northern Alberta....

The matter was then adjourned to Nov. 29 at which time a date will be set to hear the applications...."

Stephans seeking court appointed legal aid, trial reimbursement
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Unbelievable that parents choose to ignore medicine and allow their children to die of completely curable illnesses. I'm assuming that if they qualify for a court appointed lawyer, the result will be the same.
 
David Stephan wants the province to pay $4 million for his defence

December 6, 2018

"David Stephan wants the province to pay more than $1 million in previous legal costs and another $3 million to cover his and his wife’s upcoming retrial into the death of their son.

Stephan and his wife, Collet, appeared via video link in a Calgary courtroom Thursday to schedule the hearing in which he wants those costs paid, or have their charges thrown out.

Stephan also indicated he wants the charges dismissed because the RCMP “leaked” a defence file to the Crown.

Calgary Court of Queen’s Bench Justice Beth Hughes scheduled a Jan. 18 hearing in Lethbridge for Stephan to present his case.

In a notice filed Tuesday, Stephan said the couple is entitled to have their legal costs paid after their previous convictions were overturned and the Supreme Court last May ordered a new trial....

A new hearing is scheduled to begin June 3."

David Stephan wants the province to pay $4 million for his defence
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Couple charged in child's death want millions from Alberta government for their defence
Couple's 2nd trial is set to begin next June

Dec 06, 2018

"The Alberta couple accused of causing their son's death by refusing to take the sick boy to a doctor want their trial delayed until the provincial government pays them $1 million and puts $3 million in trust for defence fees at their upcoming trial.

David and Collet Stephan filed an application in the Court of Queen's Bench earlier this week and appeared via closed-circuit television in a Calgary courtroom Thursday afternoon. The Stephans recently moved north and appeared via a video feed from the Grande Prairie courthouse....

The couple's re-trial is supposed to take place on June 3, 2019."

Couple charged in child's death want millions from Alberta government for their defence | CBC News
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musicaljoke said:
$4,000,000!! That's a ton of government interference in their lives!
A bit of garlic water sprinkled over the arrest warrant ought to do the trick.
Click to expand...

BBM too funny
true
true
 
Stephans won’t be getting money for legal fees in retrial of son’s meningitis death: Alberta judge (with clip)

January 18, 2019

"A judge on Friday refused requests from an Alberta couple charged in the meningitis death of their son to have their legal fees covered and a retrial delayed.

David and Collet Stephan wanted $4 million to pay for past and future legal bills.

“You don’t have any resources. That’s what you’re telling me and you’re not getting any here,” Justice John Rooke told David Stephan, who was acting on behalf of himself and his wife in a Calgary courtroom.

“The application is dismissed and… I am not making any findings on the merits,” Rooke said....

Rooke said the Stephans would be better off taking their request for legal fees to a civil court.

“You’re in the wrong procedure and the wrong place. That’s civil court. Another judge … another day,” Rooke said.

“It’s clear to me if you want to pursue those matters you can sue the attorney general, you can sue the hospital, you can sue the ambulance and you can sue everybody except the judge.”..."

Stephans won’t be getting money for legal fees in retrial of son’s meningitis death: Alberta judge
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Have I mentioned that I have only disgust for this couple? They are emblematic of what is wrong with society. What happened to caring about society and taking care of people? Why are people drawn to conspiracy theories?

The worst health crisis right now is because of the anti-vaxers.

So sorry for their children. <sigh>
 
David Stephan's Calgary talks cancelled at Calgary Health Show

February 2, 2019

"Planned speaking engagements by David Stephan, who’s awaiting retrial in the meningitis death of his 19-month-old son, have been scrubbed from a two-day health expo in Calgary.

Stephan was listed as a speaker on brain and thyroid health and on brain injury and recovery at the Calgary Health Show at the BMO Centre this weekend.

But in a tweet from a now-deleted Twitter account early Saturday, organizers of the Calgary Health Show said Stephan would not be appearing at the event.

The health show said there have been issues with the way “sponsors, exhibitors and charities have been treated by some members of the online community” and that Stephan “will not be speaking.”

“Out of respect for the good-hearted people who are behind these brands, we kindly ask that you stop engaging with them in a disrespectful manner,” the tweet read....

An earlier event description of Stephan’s Saturday talk said he would be providing information “on how you can simply improve your mental health, promote hormone balance, and advance your journey to becoming your best self through proper nutrient supplementation.”

Stephan’s company, Truehope, was listed as an exhibitor at the two-day show, but links to event’s schedule were taken down from the show’s website as of Saturday morning.

Some of the event’s sponsors announced on social media they would be dropping out of the show when they learned of Stephan’s appearance on the program....

Two scheduled presentations by Stephan in Calgary were also cancelled last year.

Stephan was scheduled to appear at the Calgary Wellness Expo in March, 2018, but was dropped after two major sponsors pulled their support for the event.

In April 2018, organizers of a holistic medicine expo ejected Stephan from their Calgary show after the event’s venue objected to his presence....

Stephan has been outspoken on social media about what he calls “pharma trolls” — people he claims are working on a campaign of disinformation supported by journalists and Canada’s pharmaceutical industry.

A new hearing for the Stephans is scheduled to begin in Lethbridge on June 3."

David Stephan's Calgary talks cancelled at Calgary Health Show
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David Stephan's appearance at Calgary Health Show cancelled (with clip)

February 2, 2019

David Stephan's appearance at Calgary Health Show cancelled

David Stephan


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Sentencing hearing held for Calgary couple convicted in young son’s death

February 8, 2019

"Last fall, Jennifer and Jeromie Clark were found guilty of criminal negligence causing death and failing to provide the necessaries of life in the death of their young son John.

During the trial, the Crown told the jury that the boy was in septic stock and suffering from a staph infection and multiple organ failures.


According to a pathology report, the boy was malnourished and died from a staph infection.

At the time of his death, John weighed less than nine kilograms (20 pounds), had an inflamed rash covering the majority of his body and he had blackened toes....

The couple spoke at their sentencing hearing on Friday and reflected on the memory of their son.

Jennifer, 42, told the court that she often breaks down in tears and Jeromie, 38, talked about the kind of man their son would have been.

“I feel such deep sorrow and loss,” she said. ‘When death took Johnny and I had the realization it was permanent, I can’t describe the emptiness I felt inside.”

“I can never get over the fact John doesn’t get to be a man and he doesn’t get to be a teenager, riding around on a bike with his friends,” said Jeromie. “I think about the birthdays and Christmas’. I wonder how he would be. I feel such grief and such remorse.”

Neither acknowledged that they could have prevented the boy’s death.

The couple was supported in the courtroom by David Stephan. Stephan and his wife are facing a re-trial in the dead of their young son from meningitis in 2012....

A pre-sentence report now needs to be ordered and the case will be back in court on February 22 to determine when the sentencing hearing will continue."

Sentencing hearing held for Calgary couple convicted in young son’s death
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David Stephan fundraising to hire experts to determine 'true cause of death' of son

February 15, 2019

"David Stephan has released a video statement as part of a fundraising campaign that he says will allow his family to hire medical experts to “substantiate what the real events were” that led to the death of his son Ezekiel....

In a written statement from Stephan on a fundraising campaign website, the father alleges that during the child’s treatment at a Lethbridge hospital and in an air ambulance to Calgary, Ezekiel was given multiple doses of a medication that was too much for his weight and condition.

“What we are currently seeking, is enough funding to first acquire medical experts that would be able to substantiate what the real events were that led up to Ezekiel’s passing,” Stephan says in the statement.

Stephan’s account of the events leading up to Ezekiel’s death states that when a nurse came to check on his pregnant wife and to assess Ezekiel, her recommendation was to get him some electrolytes. The nurse also “made mention of the fact that she had encountered a case of meningitis in the emergency room a few weeks prior and that maybe we would want to look into that,” he says.

He also writes that during the trial in March 2016, the Stephans heard the initial ambulance Ezekiel was transported in had been de-stocked of smaller-sized masks and bag valve masks, and that the toddler had gone more than eight minutes without oxygen.

In a video posted on the fundraising page, which is seeking to raise $150,000, Stephan says supporters will help him and his wife delve into their case, in addition to similar cases...."

David Stephan fundraising to hire experts to determine 'true cause of death' of son
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Stephan adjournment request denied

FEBRUARY 25, 2019

"The old legal expression goes, “the lawyer who defends himself has a fool for a client.” As David Stephan returned to the Court of Queen’s Bench in Lethbridge Monday to represent himself and wife Collet in the case management hearing in the lead-up to their retrial for their role in the death of their son Ezekial — even Stephan seemed to acknowledge the wisdom of this statement.

Stephan requested that the case management hearing, which is set to run for the next two weeks, be adjourned on its first day so he could properly prepare to defend his various applications before the courts to have the case dismissed. He admitted to struggling to wade through the hundreds of pages of disclosure which he has received since he had informed the courts he would be self-defending for he and his wife, which was complicated by the fact he was also learning court procedures at the same time.

Justice John Rooke was not sympathetic — dismissing the Stephans’ application for adjournment out of hand. He reminded Stephan the case management hearing had been set on June 11 of last year, before he had fired his lawyer. And that the Stephans had refused to submit a Rowbotham application, which the Crown had been prepared to support, to have a court-appointed lawyer assigned to their case last fall after they had parted ways with their previous lawyer officially on Oct. 18.

They had also received the majority of their requested disclosure by Nov. 29, Rooke reminded Stephan — a full three months before this hearing was set to begin. ...

The new trial is set to run for four weeks beginning June 3."

Stephan adjournment request denied
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Stephan tells judge he has ‘game changing’ evidence

FEBRUARY 27, 2019

"Had David and Collet Stephan received all the disclosure to which they were entitled in 2016, their first trial would have ended differently, David Stephan told a judge Tuesday.

Stephan told Justice John Rooke during day two of a pre-trial hearing in Lethbridge Court of Queen’s Bench, that evidence withheld from him would have changed the outcome of the trial. He also said he has new evidence that is “game changing.”...

Rooke, who refused Stephan’s request Monday for an adjournment of the pre-trial hearing, told Stephan to provide a list of information he believes he is missing, and then the Crown can cross-examine him on it. Rooke refused, however, to order an investigation into what he called “unfounded accusations” surrounding disclosure.

“I’m not going to work on allegations.”

The pre-trial or case management hearing continued Tuesday with testimony from three Calgary police officers and three social workers. The witnesses testified during a voir dire – a mini trial within a trial – to determine whether certain evidence, specifically statements the Stephans made to police, should be allowed during the trial in June. The Crown wants the statements admitted.

The hearing continues today and is scheduled for two weeks, but may conclude earlier. The Crown expects to wrap up its evidence today."

Stephan tells judge he has 'game changing' evidence
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Collet Stephan cross examines doctor during couple's case management hearing in Lethbridge

March 1, 2019

"LETHBRIDGE - It was not something Collet Stephan was prepared for or anticipated doing - cross-examining the child-abuse pediatrician who questioned her on March 15, 2012, the day before her 19-month-old son Ezekiel died of meningitis.

But that's what she did Friday, in Court of Queens Bench in Lethbridge, sometimes taking several minutes between questions, and appearing confused at times while frequently consulting her husband David.

David had anticipated cross-examining Calgary’s Dr. Jennifer D’Mello, however Justice J.D. Rooke told him because it was Collet who was interviewed by the doctor seven years ago, and he was not her lawyer, that only his wife could do it.

A two-week case management or pre-trial hearing is underway in Court of Queen's Bench in Lethbridge, ahead of a new trial that was ordered for the Stephans by the Supreme Court of Canada last year, after it found the judge in the Stephan's original case erred in his instructions to the jury.

The hearing will determine what information will be allowed during the new trial in early June....

Earlier in the week, court once again heard both David and Collet’s initial police interviews, and testimony from Crown witnesses with Alberta Child and Family Services.

The case management hearing is expected to continue next week and a four- week trial will begin June 3...."

Collet Stephan cross examines doctor during couple's case management hearing in Lethbridge
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"It was like a bomb dropped on the family" - Anthony Stephan testifies at case management hearing

March 5, 2019

"LETHBRIDGE - David Stephan's father Anthony was called as a Defense witness at Court of Queen's Bench in Lethbridge Tuesday, during a case management hearing where David and his wife Collet are representing themselves.

The hearing will determine ultimately which evidence, including statements made to police in the hours shortly after their 19-month old Ezekiel died, and the admissibility of certain statements made to at least one doctor, will be allowed at their trial in June....

During his testimony, Anthony Frederick Stephan was asked by his son what he recollected about events spanning from Tuesday, March 13, 2012 until Thursday, March 15, 2012.

The elder Stephan testified he and his second wife were originally at Cardston's Hospital awaiting the arrival of David and Collet, but sometime early Wednesday morning, the elder couple made their way to Alberta Children’s Hospital in Calgary.

There, he described how he, as a grandfather was in "a terrible place." He said many family members had gathered at the hospital to support David and Collet, and that the couple appeared sleep deprived, and "extremely stressed."

He told the court "you don't forget the feelings; they are impressed on your soul never to be forgotten.”

However, when asked, he admitted the timeline of events was "fuzzy" when he first saw police at the hospital, when he met with members of the RCMP or Calgary Police, which day he was involved in a terse exchanged with social workers at the hospital or if David and Collet met with social workers....

Voluntariness Ruling

The admissibility of police interviews with both David and Collet, and Collet's interview with Dr. D'Mello, a child abuse consultant and pediatrician, are the subject of contention by the Stephans, who have submitted a "Fruits of the Poisonous Tree" application.

That means, through the application, the Stephans contend some of the testimony, or the interviews they previously gave, were illegally obtained directly or indirectly through unconstitutional police conduct.

The Crown however, contends that no threats or promises were made by police or Dr. D'Mello, there was no trickery by police, that the couple was never held against their will, denied food, water or washroom breaks, and because the couple had not been charged with anything, police did not need to tell them their statements could be used against them in the future....

The case management hearing is expected to continue until at least Thursday, March 7. "

"It was like a bomb dropped on the family" - Anthony Stephan testifies at case management hearing
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