David and Collet Stephan

By Lara Fominoff

Day 1

Stephan family midwife/nurse called to testify on day one of re-trial

Jun 3, 2019 | 4:23 PM

LETHBRIDGE, AB – More than three years after the start of their first trial on the charge of failing to provide the necessaries of life after their 19-month-old son Ezekiel died, David and Collet Stephan were once again arraigned at the start of their re-trial, Monday, June 3.

As the court clerk read out the charge each of them is facing, both answered “not guilty.”

Justice T.D. Clackson then gave instructions in the courtroom, telling the gallery that any cell phone or electronic devices were banned, save for those reporters who had signed an undertaking. He then proceeded with some “housekeeping” items prior to opening arguments.

While on Friday, May 31, David Stephan told reporters he and his wife Collet were not prepared for the trial to begin, their previous trial lawyer, Shawn Buckley, arrived to help the couple with cross-examinations, to speak to the elements of the case, and to handle any questioning of former Alberta Chief Medical Examiner Dr. Anny Sauvageau, which Justice Clackson allowed.

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Clackson told the couple he would try and assist them, although he was not their lawyer. He added that the Crown had to prove its case beyond a reasonable doubt, and outlined four of the elements involved in that including: that each parent was under legal duty to provide for their son, that they didn’t perform that duty, that it was their failure which endangered their son, and that what they did was a very great departure from what parents normally would do.

During the Crown’s opening statements, Prosecutor Britta Kristensen told the court they would deal with the events that led to the catastrophic illness Ezekiel suffered, the 9-1-1 calls made the night the toddler was taken to Cardston, Lethbridge and finally to Calgary Children’s hospital – and the events that followed.

The first Crown witness called to testify was Terrie Fay-Shaw, a mid-wife with 32-years of experience, who was a practising R.N. in Alberta between 2000 and 2016/17. She told the court she had delivered two of the Stephan’s children, including Ezekiel.

Crown Co-Prosecutor Joshua Chan asked Shaw about the events that occurred the morning of March 12, 2012, when Collet Stephan contacted her because she was worried about Ezekiel. He asked that a series of pages of texts between the two be admitted as evidence.

Shaw testified that she cleared her other appointments for the day to come to the Stephan family’s home for both a pre-natal checkup, and to see if Ezekiel was ok. The toddler had what she described as a “croupy cough,” and recalled that Collet had told her the toddler had fallen asleep in the bathtub.

By the time Shaw arrived at the home, the toddler was asleep in a bed with his head tilted back. She testified she then pulled out a stethoscope to listen to the child’s heartbeat and breathing on the child’s chest and back. She noted there were no alarming symptoms.

Because Shaw had been discussing meningitis prior to the visit, she said she and Collet then “Googled” meningitis and its symptoms, according to something called the “Kernig’s test.” The child responded as it mentioned in the test, and although Shaw said she did not see any other alarming symptoms and she could not diagnose the young boy, she suggested that Collet take him to a doctor.

Shaw then testified that a conversation took place about using alternative medicines, herbs and perhaps getting a priest to bless the toddler.

The next time she spoke to Collet was after the Stephans called 9-1-1 because Ezekiel was not breathing.

Under cross-examination by Buckley, Shaw told the court “I felt she (Collet) trusted me,” adding that the two had previously had conversations about nutrition and child-care.

“I observed Collet to be a loving, responsive mother to her children,” she said.

March 12 was not the first time the two women communicated however, about Ezekiel’s health. Buckley asked Shaw about Feb. 27, when texts were sent between them suggesting the child may have had croup-like symptoms, difficulty breathing and coughing much earlier.

At that time, Shaw also suggested taking the child for “neck treatment” or some type of medicine to help the toddler breath more easily. However, to try ease the symptoms, Ezekiel was placed in a sauna, a humidifier was used, along with herbs and an eye dropper to administer some fluids.

No more texts were sent between the two women until March 5, 2012, when Collet appeared to communicate that Ezekiel was on the mend, however “whiny and grumpy.”

David Stephan then also cross-examined Shaw, and asked if the subject of meningitis hadn’t been previously brought up by Shaw’s husband, would it have been brought up at all?

She answered, “no.”

The re-trial is expected to continue for the next month, with dozens of witnesses expected to testify.