GUILTY NEW TRIAL GRANTED - Canada - Ezekiel Stephan, 19 mos, dies of meningitis, 13 March 2012

Discussion in 'Trials' started by los2188, Mar 9, 2016.

  1. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Stephan questions doctor about missing medical records

    JUNE 15, 2019

    "For nearly 90 minutes little Ezekiel Stephan was treated at the Chinook Regional Hospital before he was airlifted to Calgary in March of 2012, but there’s no record of 55 of those minutes.

    And David Stephan wants to know why....

    David is expected to continue cross-examining Burkholder Monday. The Crown had hoped to conclude its case Monday, but likely won’t until Wednesday, given the lengthy cross-examination by defence. David is defending himself, while Collet is receiving help, at least part time, from two lawyers."

    Stephan questions doctor about missing medical records - Medicine Hat News
     
  2. musicaljoke

    musicaljoke Well-Known Member

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    I hate that this father is grilling the trauma team who were trying to save their child's life, with why they didn't fill in an extra 55 minutes of manual paperwork.
     
  3. Snoopster

    Snoopster Well-Known Member

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    the parents created this emergency situation and now they are blaming others. I really should stand back from this thread. These people disgust me, and I can normally understand and have empathy for people with different opinions, but now that this father is blaming others for the death rather than saying he was following his beliefs...well ...I should just step back. I'm likely to say something that was never something I imagined I would ever say.

    I'm so sorry Ezekial. I wish you had been given a chance. I am so happy that professionals tried to save you. There were people who cared more about your life than their beliefs.
     
  4. musicaljoke

    musicaljoke Well-Known Member

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    I am expecting that the judge will see it the same way you do. I predict that the accused will be found guilty and he will be given a longer sentence than what was handed out in the first trial. It is clearer in this trial than the first, that this man is maliciously twisted.
     
  5. MsFacetious

    MsFacetious What a Kerfuffle...

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    I agree and I love it.
    This narcissistic, arrogant, sociopath has made me sick.
    I know I don't need to detail all the reasons for all of you here.
    I just hope that this totally backfires on him and he gets the max this time.
     
  6. katydid23

    katydid23 Verified Juanette

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    I can't find any articles about what happened in testimony this week. I wonder why not.
     
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  7. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Judge approves testimony in trial

    JUNE 19, 2019

    "After providing testimony for several days in a necessaries of life trial in Lethbridge, a Calgary pediatric specialist has been qualified as an expert in her field and to give expert testimony.

    Justice T. D. Clackson qualified Dr. Shauna Burkholder Monday following the conclusion of a voir dire hearing to determine whether the Crown witness could provide expert evidence. The judge’s decision also means Burkholder’s evidence given during the voir dire – a sort of mini trial within a trial – becomes part of the trial proper.

    Burkholder testified for three days, primarily during cross-examination by David Stephan,..

    With Burkholder’s testimony over, the trial resumed Tuesday with the Crown and defence arguing the essential elements that make out the charge of failing to provide the necessaries of life.

    While the Crown argued it only has to show there was a “risk” the child’s life was in danger because his parents failed to seek medical attention sooner than they did, Collet’s lawyer Shawn Buckley said the Crown must prove Ezekiel’s life was actually in danger and medical attention would have made a difference.

    Buckley suggested if the Crown cannot prove earlier medical intervention would have made a difference, in other words saved Ezekiel’s life, that doesn’t mean failing to get medical help caused his death.

    The Crown is expected to call its last witness today, although former Alberta medical examiner Bamidele Adeagbo, who testified earlier in the trial, is scheduled to return later in July so defence can complete its cross-examination.
    Adeagbo testified Ezekiel’s official cause of death was bacterial meningitis and a lung infection. Defence – David is defending himself – is expected to begin its case Thursday, and is expected to call about 20 witnesses."

    Judge approves testimony in trial
     
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  8. MsFacetious

    MsFacetious What a Kerfuffle...

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    While the Crown argued it only has to show there was a “risk” the child’s life was in danger because his parents failed to seek medical attention sooner than they did, Collet’s lawyer Shawn Buckley said the Crown must prove Ezekiel’s life was actually in danger and medical attention would have made a difference.


    Seriously? Is this reality?
    He is DEAD. There is the proof his life was in danger!
    He died of treatable illnesses. Yes, he would have certainly survived with early enough medical care.
     
  9. katydid23

    katydid23 Verified Juanette

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    That Bolded portion^^^ is ridiculous.

    As you said, his death is all the proof one needs to show that the poor child's life was in danger.

    As to whether or not medical attention would have made a difference---

    Meningitis
    With prompt diagnosis and treatment, 7 out of 10 children who get bacterial meningitis recover without any complications. However, bear in mind that meningitis is a potentially fatal disease, and in about 2 out of 10 cases, it can lead to serious nervous-system problems, deafness, seizures, paralysis of the arms or legs, or learning difficulties. Because meningitis progresses quickly, it must be detected early and treated aggressively.
    In that case he'll need to be admitted to the hospital for intravenous antibiotics and fluids and for careful observation for complications.


    So 7 out 0f 10 children recover fully with proper medical treatment of IV Antibiotics.

    Compare that with the decision to give him their preferred home treatment of :
    " hot peppers, garlic, onions and horseradish — even though a family friend who was a nurse told them she thought Ezekiel had meningitis."

    And that was after the child was 'too stiff' to sit in his car seat so he had to lay on a mattress in the vehicle on the way to get the ingredients for the home treatments.


    It seems obvious that the poor child had something more than the croup if he was too stiff to sit in a seat. :(
     
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  10. katydid23

    katydid23 Verified Juanette

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    Good News...
    Judge won’t dismiss charges against Alberta couple charged in son’s meningitis death

    Judge won’t dismiss charges against Alberta couple charged in son’s meningitis death

    After the Crown concluded its case Thursday, defence lawyer Jason Demers applied to have the charges dismissed.

    Demers said the Crown failed to prove that Ezekiel would have survived had he received earlier medical attention.

    “There is no evidence before the court … and I would invite the court to dismiss the charges against the Stephans,” he said.

    He reminded the court of the testimony of Dr. Shauna Burkholder, an expert on pediatric medicine who treated Ezekiel after he arrived at the Alberta Children’s Hospital in Calgary.

    Burkholder said the child’s brain scan was one of the “most devastating” she had ever seen.

    But she also said it was possible that someone with meningitis could still die after receiving treatment in hospital, said Demers.

    Justice Terry Clackson noted that Burkholder had also testified that 100 per cent of people who contract bacterial meningitis and don’t seek medical help end up dying. Those who get help have a 95 per cent survival rate.

    The judge said a jury could infer from the evidence that Ezekiel’s life would have been saved had he been taken to hospital 48 hours earlier.


    “Therefore the application to dismiss the indictments is dismissed,” Clackson said.

    In response to the ruling, David said: “We didn’t know what to expect going into it and so we tried not to keep our hopes up. I know my wife wants this behind her. I want it behind me as well but if it has to roll its course, and go to full fruition on it before this is dismissed, then so be it.”


    [OH MY, CHECK OUT DAVID'S COMMENTS BELOW]




    “We’re very confident moving forward here — not arrogant, but confidant — just based on the evidence that’s going to come forward and based on what’s taken place with the evident thus far where we’ve been able to dismantle the Crown’s witnesses because we now have a lot more evidence available to us now than we did in 2016,” added David.
     
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  11. MsFacetious

    MsFacetious What a Kerfuffle...

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    You killed your child by ignoring obvious signs he was deathly ill.
    I do not even understand how you sleep at night.
    Much less complain you got punished too harshly.
    So you manage to get a new trial.

    Then you question the very people who tried so hard to save your baby.
    Trying to say since no one can guarantee your baby would have lived with medical care, you didn't do anything wrong?
    No one can guarantee my child would survive a crash if they were in a car seat, but I'm still in the wrong if I don't use one!
    The odds are infinitely better that the babies will survive with medical care and car seats.
    Parents should want what is best for their babies!

    I just cannot even wrap my head around this level of narcissistic sociopath.
    Please. Let there be whatever justice is possible here. It will never be enough, but let him get the max possible. :mad:
     
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  12. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Child abuse paediatrician testifies at Stephan retrial

    Jun 20, 2019

    "LETHBRIDGE, AB – Compared with the testimony and cross-examination of most of the Crown witnesses, Dr. Jennifer D’Mello’s time on the stand on Wednesday, June 19 was very brief.

    The paediatrician, clinical lead in emergency, and child abuse consulting physician at Alberta Children’s Hospital in Calgary was asked by Co-Crown Prosecutor Britta Kristensen why and how she came to interact with 19-month-old Ezekiel Stephan, and his parents Collet and David Stephan....

    Kristensen asked about the events surrounding her interactions with the Stephans, including examining Ezekiel, and speaking to Collet on March 15, 2012. The doctor’s job was to find out how the toddler ended up so life threateningly ill, and when the child last felt well.

    D’Mello told the court she had one meeting with the parents and that she had a strong recollection of receiving information from Collet, but that David had been in and out of the room.

    She was not involved with Ezekiel’s treatment.

    Under cross examination by Collet’s Defense Lawyer Ingrid Hess, D’Mello was asked how she had introduced herself to the Stephans. She was also asked whether she had told the parents she had been called in because another doctor had suspected there might have been issues of neglect or abuse, and that she was tasked as being an investigator of sorts.

    D’Mello agreed that her purpose was to examine the child and to investigate why children present the way they do, including Ezekiel.

    “You didn’t identify yourself – you didn’t tell them you were considering the possibility of lack of treatment of the child. You withheld that you were a child abuse consultant,” said Hess.

    “Correct,” said D’Mello..."

    https://lethbridgenewsnow.com/2019/06/20/child-abuse-paediatrician-testifies-at-stephan-retrial/
     
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  13. musicaljoke

    musicaljoke Well-Known Member

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    David's evidence providers will have to be qualified as Expert Witnesses.

    I am expecting a circus.
     
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  14. katydid23

    katydid23 Verified Juanette

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    "With the case adjourned until Monday, the defence is looking forward to three days of preparation. They have five scheduled witnesses, including David and Collet Stephan, David’s father, a record keeper from a clinic that previously attended to their son and an ambulance attendant from Glenwood."


    Looks like they won't really be bringing in any certifiable experts, so far. Unless we count his father, who is an 'expert' in nutritional supplements.

    It looks like his defense case starts off with himself, his wife and his father, who will probably discuss the validity of using nutritional supplements as medical treatments.

    Then they have a clinic record keeper. So they will probably go after the 55 minutes of 'missing' notes and try to imply that something nefarious happened in that 55 minutes that the clinic is trying to cover up.

    And the EMS attendant will likely admit that they ran out of oxygen or it was not working properly. But I don't see how that helps David's case in any way. If his little boy was so critically ill that several minutes without an oxygen tank would mean he would die, then they had obviously waited way too long to call for help.
     
  15. Snoopster

    Snoopster Well-Known Member

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    And I'm guessing that this is how this man became so twisted. His father was messed up and 'educated' his son in his non-scientific ways. So sad that this led to the death of Ezekiel. Ezekial deserved so much better. He deserved a life.
     
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  16. MsFacetious

    MsFacetious What a Kerfuffle...

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    Is the clinic record keeper from the naturopath or the hospital? I'd normally think "clinic" as being a doctor not a hospital but I'm not in Canada (unfortunately.)
     
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  17. Snoopster

    Snoopster Well-Known Member

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    A clinic would normally refer to a doctor's office (usually a group of doctors deciding to share office space and cover for each other) rather than a hospital.
     
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  18. musicaljoke

    musicaljoke Well-Known Member

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    I'm not sure who a clinic record keeper might be or what information that person could give. Is he talking about the medical records clerk or librarian? If so, what testimony can this person bring to the court room. Only the person who wrote the record would be able to testify about its contents.

    If he is talking about the medical health records librarian, then I suppose a record keeper could say which date and time a record was transferred from one doctor to another, but beyond that, I just don't see what meaningful testimony can come from a clinic record keeper.

    Is anyone aware of a record keeper being called to testify in any other trial?
     
    Last edited: Jun 22, 2019
  19. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Father accused in son’s meningitis death says boy wasn’t sick enough to make parents worry (with clip)

    June 24, 2019

    "A father accused in his son’s death testified Monday that the sick boy’s condition worsened after he had appeared to be doing better, but not to the point where his parents were worried.

    David Stephan took the stand in a southern Alberta courtroom where he and his wife, Collet, are accused of failing to get medical attention for the toddler....

    Stephan, who is acting as his own lawyer, spent more than three hours giving what amounted to a monologue before a Lethbridge judge, who is hearing the case without a jury.

    Stephan testified that he and his wife thought Ezekiel had croup and appeared to be recovering at their home near Glenwood, Alta.

    Two weeks before he was rushed to hospital, the toddler’s condition had worsened to the point that they discussed whether their son should get medical attention, Stephan said. But they didn’t think it was serious enough.

    “I didn’t see a need. The idea was there on the back burner. There was nothing that was concerning or alarming as a parent,” he said....

    Under cross-examination by Crown attorney Britta Kristensen, Stephan said he had learned from his wife that her friend suggested Ezekiel might have meningitis.

    “You were made aware that bacterial meningitis was quite serious?” she asked.

    “Yes I was made aware that with bacterial meningitis you generally have 24 hours before it became a crisis,” Stephan replied.

    “Do you recall being told that it was a potentially, deadly condition?” Kristensen continued.

    “That would have been communicated to me.”..."

    Father accused in son’s meningitis death says boy wasn’t sick enough to make parents worry

    [​IMG]
     
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  20. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    PART 1/5: Fighting for Ezekiel

    Published on Nov 6, 2018

    "FIGHTING FOR EZEKIEL: The line between parental rights and responsibilities is brought into question following the sudden death of 19-month old Ezekiel Stephan. After a lengthy court battle and media frenzy, the question still remains: did David and Collet Stephan fail to provide the necessaries of life for their son, or was this a medical misadventure?"




    Part 2/5: Fighting For Ezekiel




    Part 3/5: Fighting For Ezekiel

     

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