Calgary grandparents Allan and Carolina Perdomo will stay in custody for at least another few days.
The couple was arrested last Friday morning and charged with manslaughter for the death of their grandson, Emilio.
Defence counsel received disclosure Thursday morning.
“In the Canadian legal system you are innocent until proven guilty and generally it’s the exception to hold people while waiting trial, it’s not a general rule,” Allan’s defence lawyer Darren Mahoney said. “In this particular case, the Crown has to show cause why detention is warranted and potentially they can do that on Wednesday. But in the meantime I’m going to propose a release plan to the Crown and hopefully the conditions will be sufficient that they feel that the Perdomos can continue to prepare for their trial while not in custody.”
A bail hearing is now scheduled for Aug. 3. Mahoney said he’s confident the couple will be released.
“I don’t see anything in the disclosure so far that requires their detention according to law while waiting for their trial,” he said. “I think with a proper release plan that it will be difficult for them to suggest that the Perdomos should stay in custody.”
The Perdomos are being held at the Calgary Remand Centre.
Emilio’s mother in Mexico wanted him to have a better life, so she sent him to stay with his grandparents in Canada in February 2014.
Emilio was seen by a doctor about two months after he arrived in Canada and was found to be in good health.
Watch below: Global’s past coverage of the Perdomo case
In July 2015, Emilio was taken to a clinic and later rushed to the Alberta Children’s Hospital, where he died July 17, 2015.
He died from multiple blunt force trauma injuries. Police said he had swelling and bruising all over his body, as well as other serious injuries.
READ MORE: Exclusive – Mom of 5-year-old killed said she sent son to Canada for better life
Investigators sought input on the case from radiologists, emergency doctors, forensic pathologists and neuropathologists and received a final medical report on his file on June 30, 2016.
The medical evidence in this case, according to police, is “monstrous.”
Allan and Carolina told hospital workers Emilio had sustained a series of short falls, police said Friday.
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