David Stephan calls 32-month sentence for Calgary couple “appalling”

“I think it’s a terrible thing that’s taking place altogether. In reflecting on their case, the evidence was abundantly clear that you know, there was an overdose that took place in the hospital regarding saline. It was increased at far too great a rate that would have created brain damage or brain death… and so I just find it peculiar that with two charges…that the jury could find them guilty…..when they weren’t responsible clearly for the death of their son.”

The Calgary court where the proceedings took place, heard the toddler, John, didn’t see a doctor until the day before he died from a staph infection in November 2013. Jurors saw photos of the dead boy with a red rash all over his body, and blackened toes.

Stephan emphasized he had been in court to support the couple and that during the Calgary trial Jennifer and Jeromie Clark were told they were loving parents.

He also mentioned that two previous judges had also said on the record that the Stephans were loving parents as well.

“And so, it’s just an appalling situation when you take a look at parents – myself, my wife, the Clarks – losing a child and then having to endure this type of torment, prosecution and persecution.”

Protestors at Lethbridge Courthouse

Prior to the start of day 3 of the Stephan re-trial, two protesters held up signs at the Lethbridge Courthouse reading “Ezekiel had a right to life,” and “health care is not evil.

Bill Shields and his wife said they wanted to make an appearance to stand up for 19-month-old Ezekiel Stephan.

“As we all know a young boy died of a treatable medical condition, meningitis, and was not given the opportunity to be treated in a way that could have saved his life. So, we are here to speak out against that kind of action towards all children.”

Shields said he and his wife had been following the case and had plans to attend some of the future court proceedings.

“My thought is that we hope that there’s enough evidence to convince this judge as it was the last one, that the proper sentence is to find them guilty of not providing the proper care for their child. That no other parent I know would have treated their child like that.”

Trial Day 3

Paramedic Kenneth Cherniawsky once again took the stand, as he was cross examined by Collet’s defense lawyer Jason Demers, and by David Stephan.

Demers asked some questions about the equipment the Cardston ambulance did or did not possess, including tubes for intubation, bag and mask sets and laryngeal masks – none of which properly fit Ezekiel.

Cherniawsky told the court he had asked management to “properly equip” ambulances several times, however the pieces of equipment that could have been used to potentially help the toddler regain a pulse or breathe, were not available.

Demers then asked whether the “misfitting” of the three methods paramedics tried to use would not have occurred if the ambulance had been properly equipped, to which Cherniawsky replied, “yes.”

During David Stephan’s cross examination, he asked the paramedic if it would have been better for his wife to continue performing CPR on Ezekiel on the way to the hospital, instead of his son going without oxygen for 8.5 minutes on the way to Cardston hospital, to which he replied, “no.”

Stephan also began asking the paramedic about whether he had suffered from meningitis at one point, but the line of questioning was not allowed to continue by Justice Terry Clackson.

Much of the remainder of the questioning concerned paramedic and emergency reporting methods, access to reports, to whom, and when.

The Crown’s case will continue Thursday.

by Lara Fominoff with files from the Canadian Press

David Stephan calls 32-month sentence for Calgary couple “appalling”

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