Mom charged in young son’s death not allowed to delay trial

She wasn’t allowed to delay her trial — a move which could have greatly benefited her co-accused husband — but Calgary mom Jennifer Clark won’t have to face a jury in the death of her son without a lawyer.

Defence counsel Dale Fedorchuk appeared in Court of Queen’s Bench on Friday to say he has been hired to represent Clark and is available for her three-week trial in June.

Earlier this month, Clark had asked for an adjournment in the case to accommodate her new lawyer, Karen Molle.

Molle, who was retained in March after Clark parted ways with her previous counsel, said she was willing to represent the city woman, but wasn’t available for the June hearing.

Crown prosecutor Shane Parker opposed the adjournment, saying it would likely set up her husband and co-accused, Jeromie Clark, for a possible stay application based on unreasonable delay.

Parker suggested to Justice Glen Poelman the wife might be manipulating an adjournment for the benefit of her husband.

A delay in the June hearing would push the trial into September 2018, giving Jeromie Clark ample ammunition to seek a stay of his charges.

In rejecting Jennifer Clark’s adjournment application, Poelman said the woman wasn’t being forthright with the court.

“In my view she has not acted reasonably and honestly and diligently as required in the circumstances of this case to secure a replacement of counsel,” he said.

As a result, Poelman said, the wife would either have to represent herself, or find a new lawyer to handle her case.

Both Clarks are charged with criminal negligence causing death and failure to provide the necessaries of life to their 14-month-old son John, who died of an infection related to malnutrition.

Both are free on bail pending the outcome of their trial, which begins June 5.