Defense lawyer presents closing arguments in Stephan trial

The receptionist recommended a product, which was given to Ezekiel in the recommended doses.

When it appeared he was getting better, the family took him off of the supplements. After a 48 hour period where Buckley claims things were looking up for the child, he “went lethargic” and “suddenly stopped breathing”.

Fast forward to when Ezekiel was at the Alberta Children’s Hospital in Calgary, Buckley told court that the statements made by the parents to police were not completely reliable.

At this point, Collet and David had been awake for the last 43 and 45 hours respectively, only being able to doze off for no more than half an hour at one point. David went into a self-imposed 30-hour fast.

David Stephan described themselves as being “emotionally traumatized”, especially after being told by doctors that their son could “die at any moment” and were being asked to give statements to several doctors.

Police officers and members of Child and Family Services were reportedly littered around the hospital.

Given that doctors at the time believed Ezekiel died of bacterial meningitis, that is what they told to police.

As well, Buckley said the while doctors did mention that he underwent several seizures, meaning a “sudden, uncontrolled electrical disturbance in the brain”, the parents misinterpreted that to mean Ezekiel had passed out of conciousness and mentioned that to police as well.

The defense told Justice Terry Clackson that no one under these conditions would be in the right state of mind to give an accurate statement. Essentially, he argued that David and Collet Stephan “confessed to a crime that they did not commit”.

He goes on to explain that bacterial meningitis could not have been the cause of death, as was initially believed, as Dr. Anny Sauvageau detailed earlier this week in court.

She said that it was more likely Ezekiel suffered from viral meningitis, but either way, it did not effect the child’s brain and was not the cause of death. Dr. Sauvageau said the actual cause of death was a hypoxic injury.

Following Buckley’s closing statements, it was David Stephan’s turn as he is self-representing in the case.

By the time Justice Clackson called him up to make his presentation, Stephan said that he had not finished putting his arguments together, but started with what he had.

He had serious concerns with the way that the autopsy was performed by Dr. Bamidele Adeagbo, claiming that there was missing and tampered evidence.

Most importantly, Dr. Adeagbo had requested access to Ezekiel’s complete medical file and all information that could be relevant in the case. He was given a total of 204 pages. Stephan claims that as many as 661 pages make up the full picture.

Among others, some of the missing documents included notes from nurses that indicated normal breathing, reports from radiology experts, and some of the other tests that had already been performed.

According to Stephan, a 17-page report that was included was supposedly “prejudicial” and lacked context.

During the autopsy process, as was heard by Dr. Sauvageau, Dr. Adeagbo did not order a test for viral meningitis in time and therefore could not be completed.

Because of these reasons, Stephan does not believe that Dr. Adeagbo could have come to the proper conclusions and both his testimonies in court and the report submitted should not be believed.

David Stephan is expected to finish his closing arguments Thursday morning, while another defense lawyer and the Crown Prosecutors are expected to do so Thursday as well.

Justice Clakson wants to see the trial wrap up by the end of Friday.

by David Opinko

Defense lawyer presents closing arguments in Stephan trial

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