Applications to have statements exempt from evidence denied in Stephans’ pretrial hearing

Despite applications from Lethbridge parents David and Collet Stephan to have certain statements withheld from evidence presented during a retrial for their son’s death, statements made when their son was admitted to hospital will be heard by the court.

During a pretrial hearing held over the last two weeks in Lethbridge, the couple tried to have statements they made to police, hospital staff and to child welfare workers at the Alberta Children’s Hospital at the time of their son Ezekiel’s death in 2012, exempt from use.

The couple said they were not in an operational state of mind to give statements because they were tired, stressed and felt trapped and pressured by the overwhelming presence of police.

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Justice J.D Rooke denied their applications Thursday, saying that was not the case. The judge indicated that those who asked the Stephans questions did so correctly under the circumstances and that he didn’t find any rights were breached.

David Stephan said Thursday that he and his wife, who allege corruption on the part of police and health officials, were frustrated by the decision.

“He’s basically picked them all apart piece by piece,” Stephan said. “He’s taken major concern over all the major ones that would expose the RCMP corruption and any hospital corruption in engineering a case against us.”

David Stephan told media outside the courthouse on Thursday that the outcome will not affect how the couple will proceed through their case.

“Our No. 1 focus is to just get the truth out there,” he said.

The couple was originally convicted of failing to provide the necessaries of life after their 18-month old son died of meningitis.

The conviction was overturned on appeal and a retrial was ordered in May 2018.

Now, the couple will prepare for a four-week trial.

David Stephan said they are not sure if they will represent themselves or retain legal counsel.

“With a complex case like this, there is so much that a legal representative would have to get up to speed on,” he said. “It would absolutely break the bank.”

The judge-alone trial is scheduled to begin in June.