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Lawyer for Baby M’s mother withdraws on first day of sentencing

Law Courts in downtown Edmonton, July 2014. Emily Mertz, Global News

EDMONTON – The sentencing hearing for the Edmonton woman who pleaded guilty to manslaughter in the death of one of her twin daughters opened Monday with an unexpected twist when her lawyer asked to withdraw.

The sentencing hearing was expected to take several days. Chady Moustarah was representing the mother, but said a “communication” led to an “ethical conflict” forcing him to ask to leave the case.

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Moustarah is not the first lawyer to represent the mother, who cannot be named to protect the identities of her surviving children.

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Court of Queen’s Bench Justice Eric Macklin said he wanted new council in place by end of the week in order to set more dates.

Background

The two-year-old girls — referred to in court as Baby M and Baby S — were found suffering from injuries and severe malnourishment in their parents’ Edmonton home in 2012.

Baby M weighed just 13 pounds and went into cardiac arrest and a coma in hospital.

Both the mother and father fought to keep her alive, but two courts agreed she should be taken off life support, based on the advice of doctors.

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Using an interpreter back in July, the mother also pleaded guilty to aggravated assault of Baby S, and failing to provide the necessaries of life for both girls.

The woman was convicted on all four counts.

The father was sentenced in June to 15 years in jail, but was given credit for time spent in custody and for showing remorse.

READ MORE: Sentencing in disturbing Edmonton child abuse case

After the couple was charged, the surviving twin, as well as a healthy older brother, were placed in foster care.

They have since been adopted.

With files from the Canadian Press

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