Just days before the retrial of David and Collet Stephan, the pair appeared before Justice John D. Rooke, looking to postpone their upcoming court proceedings.
They are charged with failing to provide the necessaries of life in the 2012 meningitis death of their 18-month-old son Ezekiel.
The pair brought forward three applications Friday morning; the first was a request to have the judge overseeing their applications replaced.
“The recusal application was for him to remove himself off the case. We’ve got claims of bias and we’re concerned of decisions he’s making… He dismissed that application,” said David Stephan.
The submission did not include a request to change the judge who will oversee their retrial.
Justice Rooke also denied their application to have their retrial postponed until November.
“Collet has just recently received some funding for a lawyer that she’s been so desperately looking for, and that took place about two weeks ago. So we put in an application to have the case adjourned so that the lawyer would have adequate time to prepare, as well as the lawyer wasn’t going to be available until November,” added David.
The judge also dismissed their third application to stop all proceedings, suggesting they bring forth all their concerns during their retrial.
The Stephans say one particular concern in their third application is that Alberta Health Services did not account for 55 minutes while their toddler was being treated in hospital, information David says is missing in the report.
The retrial for David and Collet Stephan is scheduled to begin on Monday at the Lethbridge courthouse.