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Judge finds Calgary mother Patricia Couture not criminally responsible for death of disabled daughter

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Judge finds Calgary mother Patricia Couture not criminally responsible for death of disabled daughter
WATCH: A Calgary mom has been found "not criminally responsible" for the death of her disabled daughter. What will happen to Patricia Couture now, in the hands of the Alberta Review Board. Nancy Hixt has more – Jan 9, 2018

A Calgary mother, accused in the death of her developmentally disabled daughter, has been found not criminally responsible for the death on account of a mental disorder.

Patricia Couture, 70, was charged with one count of criminal negligence causing death.

Her 38-year-old daughter, Melissa, was found dead in their southwest Calgary home on April 26, 2016. She weighed just 23 kilograms (50 pounds) when she died and had several deep bed sores that exposed her bones.

On Tuesday, Provincial Court Judge John Bascom found the Crown had proven the facts of the case, but also found Patricia Couture is suffering from a disease of the mind and ruled she was not criminally responsible for Melissa’s death.

READ MORE: Calgary mother accused in death of disabled daughter sent for psych assessment

Two expert witnesses were brought in to testify about Couture’s mental health.

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Forensic psychiatrist Dr. Oluyemisi Ajeh reviewed the case and assessed Couture.

She testified Couture suffered from a longstanding “delusional disorder.”

READ MORE: Young disabled woman would have been in pain and discomfort prior to death, court hears

Ajeh told court Couture also suffers from a major depressive disorder.

She said both can be treated with psychological therapy, along with antipsychotic and antidepressant medication.

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Ajeh said Couture would not have appreciated the extent of her daughter’s deterioration or that it could result in her death.

Court heard her judgment would have been impaired by her delusions.

Dr. Sergio Santana , a forensic psychiatrist, gave similar testimony and said he feels there are medical grounds to support a finding of not criminally responsible.

“There was ample evidence she was ill for many years… psychotically so,” Santana said.

“In my opinion, the combination of depression and delusional disorder fuel each other ,” he said, adding Couture wouldn’t have known what she was doing was wrong.

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Earlier in the trial, graphic photos of the pressure ulcers were shown in court.

An expert testified the sores were avoidable and likely made worse by a number of treatable conditions including malnutrition, dehydration, immobility and poor skin care.

Last September, Couture testified in her own defence.

She said she didn’t realize how bad her daughter’s condition was.

READ MORE: Trial underway for Calgary mother accused in death of disabled daughter

Couture spoke of her faith and frequently quoted scripture from the Bible.

“I believe the word of God and I take it very seriously,” she said.

Couture said she needed to “bind” evil forces and said “strongholds” would affect both her and Melissa.

Several diary entries written by Couture were presented in court.

One dated March 3, 2015 – a month before Melissa died – said in part: “Flesh-eating disease strong… open wound of Mel.”

One dated March 31, 2016 reads: “The Dr. will take Pat to task about being an unfit mother…”

Couture claimed the diary entries were not referring to Melissa’s deteriorating condition, but rather they were about spirits and spiritual “strongholds” she was praying against.

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The prosecution suggested Couture was not properly caring for her daughter.

“All you did was pray for her,” chief Crown prosecutor Suzanne Kendall said.

“No, I took care of her like any other child,” Couture responded.

That is when Bascom suggested Couture be sent for a psychiatric evaluation to see if she suffered from a mental disorder.

On Tuesday, he ordered the case go to the Alberta Review Board.

Bascom said Couture’s risk needs to be decided.

“Is she a danger?” Bascom asked in court.

“Can I be satisfied she is not a risk to society, and that would include herself as well. I think for the protection of the public, it has to be looked at,” he said.

Bascom said Couture needs to go before the Alberta Review Board within the next 45 days.

Couture remains out on release and has a list of conditions to follow, including reporting to a psychiatrist at the Forensic Assessment Outpatient Service.

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