Lawyers try to work out retrial date for couple convicted in son’s death
Lawyers for the Crown LETHBRIDGE and defence have not yet been able to find a four-week period to retry David and Collet Stephan in the death of their son.
Defence counsel Karen Molle, who acts for David Stephan, told court Monday she and defence lawyer Heather Ferg have been able to find a two-week period for pre-trial motions with Crown prosecutor Britta Kristensen.
But Molle told Court of Queen’s Bench Justice Dallas Miller they haven’t been able to settle on a four-week block to have a retrial before a jury.
Molle also told Miller they are in talks to possibly re-elect to a judge-alone trial, which would shorten the length of the new hearing.
Miller ordered the case to return to criminal appearance court on July 9, so the lawyers can find a suitable block of time and determine whether a jury will still be necessary.
Molle did schedule the two-week period beginning next Feb. 25, on pre-trial motions on the admissibility of expert testimony.
Molle told Miller the Crown and defence called six experts at the first trial.
Last month the Supreme Court of Canada ordered a new trial for the southern Alberta couple, who were convicted of failing to provide the necessaries of life to their 19-month-old son, Ezekiel.
The new trial was ordered after lawyers argued that contrary evidence from medical experts led the trial judge to issue a misleading charge and did not “give the jury the tools that they needed to decide this case properly.”
The Stephans, who were not present in court, remain at liberty pending their new trial.