Couple are prosecuted for failing to treat son with meningitis

LETHBRIDGE, Alta. -- A divisive trial that drew strong opinions from both
sides of the naturopathic medicine debate came to a tearful conclusion Tuesday
as an eight-woman, four-man jury found an Alberta couple guilty of failing to
provide the necessaries of life for their toddler son.


David and Collet Stephan, whose family helped start a nutritional supplements
company, were convicted in the death of 19-month-old Ezekiel from meningitis in
March 2012.


The trial had been told the couple thought the boy had croup or the flu, so
treated him for 2 1/2 weeks with remedies that included hot peppers, garlic,
onions and horseradish, even though a family friend who was a nurse told them
she thought Ezekiel had meningitis.


The jury was also told Collett Stephan drove the little boy from their rural
home to a naturopathic clinic in Lethbridge, Alta., to pick up an echinacea
mixture, although he was too stiff to sit in his car seat and had to lie on a
mattress on the way.


When the jury delivered its verdict in the second day of deliberations, gasps
could be heard in the courtroom.


Collet Stephan, 35, began to weep uncontrollably. Several observers in the
gallery also cried, as did two members of the jury.


A Facebook page called "Prayers for Ezekiel" exploded in vitriol and anger
from both sides of the issue, with some calling for the death penalty for the
Stephans and others calling the proceedings "a travesty of justice."


One commenter named Erica Anne derided the Stephans as "quack parents using
quack medicine" while supporter Linda Pereboeff found it "a scandalous failure
of the justice system." Many wrote that their hearts went out to the family and
pleaded to know where they could register their opposition to the verdict.


Crown prosecutor Lisa Weich said the conviction ensures people who cannot
care for themselves will receive the minimal standard of care expected by
society.


"They definitely, definitely loved their son but as stated in our closing
arguments, unfortunately sometimes love just isn't enough," Weich said outside
court. "Parents still have to follow a standard of care as set by criminal
law."


The couple walked slowly out of the court after the verdict accompanied by
their lawyer, family and supporters. They did not reply to requests for
comment.


David Stephan's brother-in-law said he was both saddened and angry.


"I was in tears like everybody else," said Eric Sveinson. "I was angry,
frustrated. We're very disheartened and very disappointed and hope that the
world can see that a beautiful family was unjustly charged today.


"Parents now need to be afraid when their kid has a cough, when their kid has
a cold because you better bring him in the second he sniffles or the second he
coughs because if you don't, the Crown is going to be after you."


The defence argued the couple were loving, responsible parents who simply
didn't realize how sick the little boy was.


David Stephan, 32, told The Canadian Press in a pre-trial interview he
believed he and his wife were charged because they didn't vaccinate their
children and, in part, because of his family's business.


His father, Anthony Stephan, co-founded Truehope Nutritional Support in
Raymond, Alta., in 1996 after his wife committed suicide. The company's website
says the woman and some of the couple's 10 children had been diagnosed with
bipolar disorder, so Anthony Stephan formed the company with a friend to find a
natural treatment.


The company says one of their products, EMPowerplus, helps treat bipolar
disorder, depression and even autism. Truehope fought to be able to sell
EMPowerplus for more than a decade before an Alberta judge ruled that it could
be sold here as a drug.


David Stephan, a Truehope vice-president, said he heard so many stories from
parents about vaccinations causing autism in their children that he and his wife
decided they wouldn't vaccinate their own kids, adding that still held true for
their three remaining boys.


The maximum penalty for failing to provide the necessaries of life is five
years in prison.


Justice Rodney Jerke did not set a sentencing date nor did he order the
Stephans be taken into custody. They will be back in court on June 13, at which
time a sentencing date will be addressed.


"This case is not yet over, but a big chapter has come to a close," Jerke
said.


A look at the final days of 19-month-old Ezekiel Stephan


LETHBRIDGE, Alta. -- A jury has found David and Collet Stephan guilty of
failing to provide the necessaries of life for their 19-month-old son Ezekiel. A
medical examiner ruled the boy died of bacterial meningitis. Here are some key
dates court heard about in the last days of the boy's life:


August 20, 2010: Ezekiel Stephan is born at home with the assistance of
birthing assistant Terry Meynders, who is also a registered nurse.


February 27, 2012: Ezekiel takes ill at the family home in Glenwood, Alta.
His mother describes him as having a cold, stuffy nose and trouble breathing.
"The sound he was making was heartwrenching. This isn't the kind of sound you
want to hear from your child," she testifies later at the trial.


February 28-March 5, 2012: Ezekiel is treated for what his parents believed
to be croup, an upper airway infection that leads to a barking cough. In
addition to regular smoothies, they give the boy olive leaf extract, garlic, hot
peppers and horseradish. They also attempt to help his breathing with cool air
and a humidifier.


March 5, 2012: Ezekiel seems to improve. His father says the boy is not 100
per cent, but he no longer has any difficulty breathing and is able to go to
preschool. He plays with his toys and manages to eat some solid food.


March 6, 2012: Ezekiel suffers a setback. He is "unusually lethargic," lays
in bed the entire day and his only response is to moan unhappily. He doesn't eat
or drink and is exhibiting unusual neurological symptoms.


March 7, 2012: Ezekiel seems to improve again. His abnormal movements stop
and he can watch TV, but still isn't playing normally.


March 8-10, 2012: Ezekiel's parents note he seems to be gradually improving.
He regains a bit of his appetite, but is not active or playful.


March 11, 2012: Ezekiel's symptoms worsen again. He refuses to eat or drink
and is lethargic. His parents notice his body is very stiff.


March 12, 2012: Ezekiel's body is so stiff that his back is arched. He is
getting fluids through an eyedropper because he will not drink on his own.
Meynders comes to the home and checks his vitals. She suggests he could possibly
have viral meningitis and says she tells the mother she should take the boy to a
doctor. "It did not jump out at me that he was that seriously ill," Meynders
testifies.


March 13, 2012: The Stephans head to Lethbridge to pick up an echinacea
mixture from a naturopath. Ezekiel is too stiff to sit in his car seat and has
to lie on a mattress in the vehicle. Back at home that evening, the boy stops
breathing on a couple of occasions before his parents leave home to meet an
ambulance. The breathing equipment in the ambulance it too large to properly
help a small child. The boy is taken to hospital in Cardston and then to
Lethbridge for transport to Calgary by air.


March 14, 2012: Ezekiel arrives at Alberta Children's Hospital in Calgary
where doctors tell the parents the boy is showing very little brain activity and
the prognosis is bleak. He is put on life support.


March 16, 2012: Ezekiel dies.