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

Feds approve $4M for Tahltan protected and conserved areas

Well defined stewardship will help nation reduce uncertainties for resource partners

NARA sends off rescues to cat cafe in Vancouver

Several cats and kittens from the region are now up for adoption at Catoro Cafe

BC Parks student rangers complete several northwest B.C. conservation projects

This was the first time the summer program operated out of Terrace

Coast Mountain College announces interim president

Ken Burt, current president and CEO, will say goodbye to CMNT come September

Terrace River Kings schedule released

Two new teams join CIHL in upcoming season

VIDEO: Title of 25th Bond movie is ‘No Time to Die’

The film is set to be released in April 2020

New study suggests autism overdiagnosed: Canadian expert

Laurent Mottron: ‘Autistic people we test now are less and less different than typical people’

B.C. father tells judge he did not kill his young daughters

Andrew Berry pleaded not guilty to the December 2017 deaths

Trans Mountain gives contractors 30 days to get workers, supplies ready for pipeline

Crown corporation believes the expansion project could be in service by mid-2022

Rosemount cooked diced chicken linked to listeria case in B.C.

The symptoms of listeria include vomiting, nausea, fever, muscle aches

B.C. seniors allowed more choice to stay in assisted living

Province doesn’t need to wait for a complaint to investigate care, Adrian Dix says

Retired B.C. fisherman wins record $60M Lotto Max jackpot

Joseph Katalinic won the biggest Lotto Max prize ever awarded

New ‘Matrix’ film set with Keanu Reeves and Lana Wachowski

Fourth installment to feature Reeves as Neo and Carrie-Anne Moss as Trinity

Most Read