Parents accused in toddler's starvation to face trial after failed adjournment bid

A Calgary woman accused in the death of her toddler wasdishonest in her attempts to have her trial adjourned, a judge ruled Friday.

Jennifer Clark and her husband,Jeromie Clark, face charges offailing to provide the necessariesof life and criminal negligence causing death after their 14-month-old, John, died in 2013.

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At a hearing on Wednesday, prosecutor Shane Parker argued the court should have "deep suspicions" about Jennifer Clark's motivations for requesting a trial delay and suggested she was "manipulating the system" for the benefit of her husband.

Ifthe trial set to begin inJune was delayed again,Jeromie Clark would be in a position to apply for hischarges to be stayed based on an unreasonable delay. The court's next available date for a three-week trial was September2018.

Not an act of 'brinkmanship'

Before he delivered hisreasons, Court of Queen's Bench Justice GlenPoelmanaskedJeromie Clark if he would waive his Charter right to trial within a reasonable time.

He refused, arguing he's not been allowed to see his kids and feels he's missing their childhood.

"I've been very torn by the situation,"he told the judge. "Because of the lengthy delay...my boys were 3 and 7 when my son died, they're now 7 and 11."

Jeormie'slawyer, David Chow, made it clear to the judge his client's refusal to waive his rights was not an act of "brinkmanship."

'She has not acted reasonably, honestly and diligently'

Both husband and wife have caused delays over the years by firing their lawyers and hiring new ones. At times they have represented themselves.

AtWednesday's hearing, Jennifer Clark was asked to explain the steps she'd taken to find a new lawyer after getting rid of her first George Sirois for financial reasons in February. She told the judgeshe wanted a female lawyerwith experience in this type of case.

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Poelmansaidthat requirement was"not reasonable."

"She had the luxury of that degree of choice at the outset of the case or perhaps even a year or so ago, but not now," he said.

She tried to hire defence lawyer KarenMolle, who said she would need more time topreparefor trial and asked to adjourn until the next available date in Sept.2018.

"She has not acted reasonably, honestly and diligently as required in the circumstances of this case to secure a replacement of counsel,"Poelmansaid of her delay.

Couple claim to be Seventh-day Adventists

At the time of the couple's arrest, police saidthe familywho claim to be Seventh-day Adventists followed a strict diet based on an extreme interpretation of the religion.

Johnwas brought to the hospital by his parents on Nov. 28, 2013, and died the next day of a staph infection complicated by malnutrition.

John was born at home and had never been to a doctor.

At the time they were charged, police said it appearedthe parents took steps to concealtheir son'scondition from other family members.

Poelman'sdecision forces the couple to keep their June trial dates. Jennifer Clark will appear in court again on April 28 to update the judge on whether she will proceed to trial with a lawyer.

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