Crown seeks up to 4 years prison time for parents of toddler in meningitis death
Mother Collet Stephan breaks down in tears during testimony
David and Collet Stephaneffectively abused their sonEzekiel, endangering his life, and should serve up to 4years in prison, the Crown prosecutor said in a Lethbridge, Alta., courtroom Thursday at a sentencing hearing.
The Alberta couple were found guilty in Apriloffailing to provide the necessaries of life for their toddler, who died of bacterial meningitis four years ago.
ProsecutorLisa Weich said the parents should have provided medical assistance and that not doing so was "effectively abuse."
Calling the parents' behaviour "arrogant and selfish," the Crown is seeking three to 4 years behind bars.
The Crown interrupted part of Collet Stephan's testimony earlier on Thursday in the Lethbridge Court of Queen's Bench when she claimed the boy's autopsy report had been falsified.
Her lawyer, Shawn Buckley, said he had no idea shehad planned to make such a statement.
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The sentencing hearing resumed shortly afterward, and Collet Stephan, 36, broke down in tears at other points during her testimony.
The defence is expected to call a total of five witnesses, but revealed that the woman'shusband, David Stephan, 32, won'tbe one of them.
TheStephanswere convicted by a jury in April in the case involving19-month-oldEzekiel, whodied in March2012.
The boy had been sick for almost two weeks and,despite advice that the boy needed medical attention, the Stephans chose to treat him with herbal and natural remedies.
Justice Rod Jerke allowed a five-minute interview to be aired in court of David Stephan talking to producers of an anti-vaccination film.
Defence lawyerShawn Buckley was clearly upset with the decision, tossing papers on the table in front of him.
'Most horrible thing that ever happened'
An emotionalColletStephantestified thatafter four years of "could've,would've,should've,"she would do anythingto have her son alive again.
"If I could turn back time and do something different ...Idefinitely would," she told the court.
Colletsaidher son's death was the "most horrible thing that everhappened"in her life.
She said she has suffered depression, anxiety, panic attacks and nightmares about SWAT team members coming to their house in the middle of the night to take away their other threechildren.
Colletfurthertestified that people in the tiny community ofGlenwoodshunned them after the couple were charged.
She said people were rude and madesnarkycomments, and when shewould wave to say hi, many would look away.
Parents' failure 'contributed significantly'
Earlier this month, the judge released the finding of facts in the case that he will use to consider the couple's fate.
"The failure of Mr.Stephanand Mrs.Stephan contributed significantly to the risk to Ezekiel's life," he wrote.
Court heard the couple thought the boy had croup or flu, so they treated him with hot peppers, garlic, onions and horseradish, even though a family friend who was a nurse told them she thought Ezekiel had meningitis.
The trial also heard the little boy was too stiff to sit in his car seat and had to lie on a mattress when Collet Stephan drove him from their rural home to a naturopathic clinic in Lethbridge to pick up an echinacea mixture.
The Stephans never called for medical assistance until Ezekiel stopped breathing. He later died in a Calgary hospital.
Jerke wrote he was satisfied beyond a reasonable doubt that a prudent and ordinary person without medical training would have foreseen "that medical attention was required to maintain Ezekiel's life."
"Mr. and Mrs. Stephan did not provide Ezekiel with medical attention. This was a failure of their legal duty to provide necessaries of life. It was a marked departure from the required standard of care," he said. "It is morally blameworthy conduct."
However, Jerke also noted in his findings there's no doubt the Stephans were "caring and attentive parents and had no intention of harming Ezekiel."
The Stephans now live in British Columbia, but have remained free since their conviction.
The maximum sentence for failing to provide the necessaries of life is five years in prison.
With files from The Canadian Press
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