Dead boy’s father posts Facebook response after Appeal Court upholds conviction

Dead boy’s father posts Facebook response after Appeal Court upholds conviction

David, Collet Stephan were found guilty in their son Ezekiel’s 2012 death from bacterial meningitis

A B.C. father whose conviction was upheld for failing to provide the necessaries of life to his son has posted a Facebook response critical of the judges and prosecutors on the case along with the entire justice system.

David Stephan and his wife, Collet, were found guilty last year in their son Ezekiel’s 2012 death from bacterial meningitis.

Their trial in Lethbridge, Alta., heard they treated the 19-month-old boy with garlic, onion and horseradish rather than taking him to a doctor.

“I have come to … realize that within the current system there is no room for justice and truth, there is no humanity and there definitely is no love,” David Stephan wrote from his home in Nelson, hours after the Alberta Court of Appeal decision on Wednesday.

In the post that included two photos of his three children and pregnant wife, Stephan said he described the appeal process as a “rollercoaster of emotions.”

Two of the three Appeal Court judges supported the conviction, but Justice Brian O’Ferrall offered a dissenting opinion. He said the Stephans should have been granted a new trial.

“I have been strongly cautioned to keep quiet as these types of posts could influence the outcome of court decisions, bail hearings etc … But this world needs more people that are willing to take a stand for truth … regardless of the cost,” Stephan said.

“People like Justice O’Ferrall, who was willing to go against the grain and judge righteously, in light of whatever political pressure that he was up against.”

Because of the split decision, the Stephans have automatic leave for the Supreme Court of Canada to hear their arguments, if they choose to take their appeal to that level.

Stephan didn’t directly indicate if they would do so, but he noted he and his wife are grateful they have finally paid off $500,000 in legal bills. He also gave thanks for $150,000 they received in donations.

“But on the other hand we are not excited about the fact that the legal fees are now going to start accumulating again,” he wrote.

Stephan, who said his wife is expecting another child soon, also wrote in the Facebook post about the “dismay” he felt no longer being able to be there to support his wife through the birthing process and meet the newest member of their family until he gets out of jail.

Stephan sentenced to four months behind bars

Stephan said the trial judge erred in his charge to jurors and gave them no choice but to find the couple guilty.

He also pointed to what he called a number of “glaring issues” in the case, including “withheld and falsified” evidence and an “elaborate coverup” of what he said was an ill-equipped ambulance. He said that led to Ezekiel going without oxygen for over eight minutes.

Witnesses at the trial said the little boy’s body was so stiff he couldn’t sit in his car seat, so the toddler had to lie on a mattress when his mother drove him from their rural home to a naturopathic clinic in Lethbridge, where she bought an echinacea mixture.

The Stephans never called for medical assistance until Ezekiel stopped breathing. He was rushed to a local hospital and died after being transported to Calgary’s Children’s Hospital.

David Stephan was sentenced to four months in jail and his wife was ordered to spend three months under house arrest — the only exceptions being trips to church and to medical appointments.

During the jury’s decision of the guilty verdict, Stephan recalled that one of the crown prosecutors made the statement that “sometimes love just isn’t enough”.

“With all of the corruption, deception, murdering, and greed that I see plaguing humanity and finding its way into the highest levels of government, I argue that it isn’t that “love just isn’t enough” but rather that there just isn’t enough love,” he said.

The two were released early pending the outcome of the appeal.

The Crown has indicated it will appeal the sentences as being too lenient.

Stephan appeared to believe he will be forced to resume serving his sentence immediately.

He indicated he regrets not speaking out sooner.

“I offer my sincere apologies for remaining quiet over the past year as I valued my false sense of security more than the need to openly speak the truth by exposing the corruption,” he said.

“I have come to see that if I remain quiet today, someone else will needlessly suffer tomorrow.”

With files from Bill Graveland, The Canadian Press

Just Posted

Residents line up outside the Vernon Recreation Complex for their COVID-19 vaccine Saturday, June 5. (Jennifer Smith - Morning Star)
No appointments necessary for first dose COVID-19 vaccine: Interior Health

People can just show up at clinics, register on the spot and get the shot

(TNRD Library)
Let the mystery of the Summer Reading Club begin

Are you ready to ‘Crack the Case’ at the Barriere Library?

(Metro Creative photo)
Gardeners of all ages invited to enter 2021 NT Fall Fair contests

The North Thompson Fall Fair Drive Thru scheduled for Saturday, Sept. 4,… Continue reading

Milsom Lodge was built in the East Barriere Valley when the Milsom brothers purchased two parcels of land in 1911, DL 2323 and DL2324. (Milsom’s photo)
The Milsom Lodge: The mansion, the ballroom, the history

“At the turn of the century, when so many families were leaving… Continue reading

teaser
Ladies Golf close enough for a cheery wave

A new month - new COVID rules - a new start. For… Continue reading

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Nathan Watts, a member of the Tseshaht First Nation near Port Alberni, shares his story of substance use, a perspective he said isn’t seen enough. (Photo courtesy of Nathan Watts)
Public shaming, hate perpetuates further substance use: UVic researcher

Longtime addict Nathan Watts offers a user’s perspective on substance use

Most Read