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Racism or Deflection? Stephan: Former Alberta Medical Examiner's gross incompetence cost us 7 yrs of our lives.

9/25/2019

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​Less than a month after being found not-guilty of failing to provide the necessaries of life to his 18 month old son Ezekiel, David Stephan is calling for a full inquiry into all past autopsies performed by former Alberta Medical Examiner Dr. Bamadele Adeagbo. 

At the same time, Dr. Adeagbo's colleagues at the University of Calgary, have expressed disapproval of the verdict are alleging racism in the court ruling. Allegations and what appears to be an unjustified attack on Justice Terry Clackson spread like wild fire across Canada last week.

Perjuries, refusal to answer questions, angry rants and explosive outbursts were all things reported to have taken place during the 7 days of testimony of Dr. Bamidele Adeagbo. 

After the Stephan's initial trial in 2016, numerous complaints were alleged to have been filed with the RCMP over allegations of perjury during Dr. Adeagbo's testimony.  Shortly after this, Dr. Adeagbo relocated to Terre Haute, Indiana where he now works at the T
erre Haute Regional Hospital.  Court records clearly showed that Crown prosecutors struggled to have Dr. Adeagbo return to Court in Canada for the June-August trial.

Recently, released court records paint a grim picture of the dysfunction that took place during the 2019 Stephan Trial and leaves more questions than it provides answers.
PictureDavid Stephan Source: Facebook

Crown prosecution was repeatedly warned of issues with star witnesses credibility and disruptive tendencies 

In March of 2019, Crown Prosecutor Britta Kristenson made application with Court of Queens Bench associate Chief Justice John Rooke to have former Alberta medical examiner Bamidele  Adeagbo testify over video link.  She claimed over 20 hours of flights to get from Indiana to Lethbridge, Alberta and costs of travel as her primary justification.  A simple flight search we performed showed that a one way flight cost about $672.00 and took less than 12 hours in total.  This raised questions as to possible other motives the Crown may have had for not requiring the Medical Examiner to attend.
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Flight prices and times from Indianapolis, IN to Lethbridge, AB highlight stark contradictions and inaccuracies in Crown Prosecutors pleadings.
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Mug Shot of Former Alberta Medical Examiner Dr. Bamidele Adeagbo
The March 5th 2019 application was opposed by the self represented Stephans. They cited an inability to understand the Doctors broken English which would be worse over video link, and alleged that he had perjured himself during the last trial as justification for requiring him to attend in person.
The Crowns Application was granted and the resulting disruptions to the trial would result in Dr. Adeagbo's testimony being splayed out over two months and delays to the trial exceeding a month.
~Former Medical Examiner required two body guards be assigned for his protection before agreeing to return to Canada to testify~
Supreme Court of Canada Case law addresses the issues surrounding the value of evidence that can not be understood by the litigants and the trier of facts.  In this case the former Alberta Medical Examiner offered contradictory facts, went off on tangents unrelated to questions, refused to answer questions and even exploded in emotional rants.

Crown prosecutor Britta Kristensen made numerous statements regarding the struggle the Court was having in understanding the Doctor's testimony.  At times the court reporter would appear to be on the verge of tears and would even interrupt testimony in an effort to clarify what had been said.
-"I accept that it's difficult and everyone has to focus very hard to understand this witness"  -"the accused has a right to a fair trial, which includes the trier of fact, and the accused understanding the evidence as it's being given." -"the Crown is prepared and would rather have an adjournment for the purpose of having this witness here so that he is better understood."
~Crown Prosecutor Britta Kristensen June 11, 2019

Race baiting used by the University of Calgary's Bio-Ethicist to attack Court of Queen's Bench Justice Terry Clackson.

"Professional Activist" and University of Calgary Employee, Juliet Guichon, has rallied numerous colleagues to her cause, claiming racism as a factor in the Justices comments.  Comments taken out of context by the University of Calgary Bio-Ethicist were not included with the misbehaving doctors transcripts.  The comments used to address a defense argument over the Former Alberta Medical Examiners behavior and credibility issues are being used as race baiting to attack a Court of Queen's Bench Justice, who has at worst, simply downplayed the unprofessional antics he had to tolerate during 7 days of Court proceedings. 
Race-baiting articles initiated at the University of Calgary
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Screen shot of University of Calgary website. University of Calgary's Juliet Guichon employs race baiting in what appears to be an attempt to protect Assistant Professor Bamidele Adeagbo and lay blame on an Alberta Superior Court Justice.
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Two reporters were visibly upset when they realized they were being filmed having an "off the record" conversation during the Oct. 2018 Jeromie & Jennifer Clark trial, with the University of Calgary's, Juliet Guichon, who was involved in the race baiting attack of Alberta Court of Queen's Bench Justice Terry Clackson.
In the letter signed by over 40 colleagues of Ms. Guichon, a comparison was made between Dr. Anny Sauvageau and her former employee Dr. Bamidele Adeagbo.  The comparison focused on the fact that both Doctors had an accent. The letter accuses Justice Terry Clackson of ad hominen attacks against the Nigerian Doctor, but does not include the long list of behavioral antics performed by Dr. Adeagbo during the trial.  These antics compounded the issues surrounding his language barrier and disrupted the court proceedings repeatedly.  

Justice Clackson repeatedly attempted to calm down and redirect disrespectful and disruptive behaviors of Former Alberta Medical Examiner

​During one explosive rant, Dr. Adeagbo paced the floor while yelling at the Court and the questioner in an indiscernible dialog all while seeming oblivious to the fact that he was testifying in a court of law.

After allowing the tirade to continue for some time, Justice Terry Clackson was forced to intervene.  
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Left: Court of Queen's Bench Justice Terry Clackson, a proud father standing next to his daughter. Right: Former Alberta Medical Examiner Dr. Bamidele Adeagbo
​Justice Terry Clackson: "Stop for a second, Doctor, please. I want you to take a breath. I want you to know that everybody gets a little frustrated with the court process, and you're not the first and won't be the last. I've also been frustrated on occasion in this trial, and when we get frustrated, sometimes we rant. And I think, however, that this process is one that is necessary to the decision that I have to make, and so, while frustrating, it's one that we have to put up with, tolerate. And so I'm asking you, sir, to try and get past your frustration, and we'll try and move along so that we can complete this portion of the trial and move on to the next aspect; okay? Do you think you can do that?"

Former Alberta Medical Examiner misrepresented facts repeatedly during Stephan Trial over death of toddler

PictureEzekiel Stephan autopsy possibly the worst show of incompetence every pointed out in Alberta OCME history
Dr Adeagbo testified to having access to 133 pages of medical records supplied by Alberta Health Services.  26 different times over his 7 days of testimony, he testified that he had reviewed and considered all the medical evidence when coming to a conclusion as to how Ezekiel Stephan died.  He testified that the medical examiners file contained everything he was given.  

It was then brought to his attention that the defence was aware that long after the autopsy was completed, he was on record ordering further medical documents of Ezekiel Stephan.  This showed that he was aware of other records that he had not considered.  In total, Ezekiel's medical records exceeded 800 pages,  of which,  Dr. Adeagbo only had 133 to rely on.  

The requirement to re-question the witness repeatedly was a long winded theme that resulted in three months of trial.  The crowns original estimation was 2 weeks.  The cost to tax payers and the defense is unrecoverable.  

At one point during the trial when the topic of Ezekiel dying from hypoxic injury due to going over 8 minutes without oxygen in an ill equipped AHS ambulance, Dr. Adeagbo admitted to making a practice of excluding pertinent negatives from his autopsy reports which resulted in chatter from the gallery as they were left wondering what other AHS condemning information Dr. Adeagbo had excluded from Ezekiel's autopsy report.

THE COURT: "Okay. But, in that answer, you say it was your practice not to include negative things. Is that a truthful answer?"
ANSWER: "I generally put positive things on the report. I do that, I do that. I mean, this is not -- when I say "in my practice," in general. I mean, this is a situation where I put something that's in -- but, in general, that's how I was doing it. But now, because I've tried to have a concise report, and I tried to put the parts in positive things. It is very bad to put pertinent negative things. In this case I did not put it, and I agree that I could have done it differently."
The fact that Dr. Adeagbo left out pertinent medical facts from his report was compounded by the fact that he refused to answer questions repeatedly during trial.  At one point Justice Clackson had to scold Dr. Adeagbo and compel an answer from him.   This was a theme throughout the trial. 
"THE COURT: ... I'm going to allow the doctor to answer that question. Go ahead.
A I think I agree with the Crown that this question at this point is not something I should --
THE COURT: Okay. Doctor --
A There's no --
THE COURT: Doctor, there's something -- there's something
that you and I need to get clear. When I say it's going to happen, that means it's going to
happen, whatever the Crown said, so please answer the question."


Competence in question:  Dr. Bamidele Adeagbo believed medical evidence showed that Ezekiel was dead anywhere from 4 to 9 hours prior to the 911 call operator listened to him breathing.

Dr. Adeagbo repeatedly claimed Ezekiel was dead well before arriving at the hospital.  This claim was shattered by a recorded 911 call where Ezekiel was recorded breathing while his parents discussed whether they should rush him into the hospital or wait for an ambulance.
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Ezekiel and his Mother Collet Stephan. The way they looked at each other showed deep love and connection
Answer: ... "When I look at those formulas, including the use of synovial fluid, the guide, based on the potassium level, shows that the death, if we put the 6.4 we have here into that formula, ranges between 3.9 hours to 8.8 hours. So that just says 4 to 9 hours at that time."

The assessment of Dr. Adeagbo left a court room full of bewildered onlookers.  He later indicated that the saline had watered down the blood that was tested.  This would further increase the time he claimed Ezekiel had been deceased before the 911 call.
It was further discovered that Dr. Adeagbo struggled to read basic medical charts.  In one instance Dr. Adeagbo based his findings off of a belief that medical staff were unable to resuscitate Ezekiel and that his state was much worse than it was.  It was clear to everyone present that his assessment was miles away from reality.
"Question THE ACCUSED D. STEPHAN: So, from your understanding, CPR was ongoing during the entirety of the transport; is that correct?
Answer: Cardiopulmonary resuscitation was ongoing. You see, to have a paused activity, capillary resuscitation does not mean it is not going. You see, when you do capillary resuscitation, you want to see a response, so the service guard the way -- monitor, do everything as they need to do, just to -- I mean, to see if it takes. So it's not unusual that they will do the process of cardiac pulmonary. You see ongoing. Sometimes the actual massage of -- "
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Cardio Pulmonary record showing that CPR had been discontinued minutes after Ezekiel entered into the hospital.
Dear Reader,
This is but a small sample of what is found on the record surrounding the poor conduct of Dr. Adeagbo that has nothing to do with his ethnicity.  With everything that was said and done by Dr. Adeagbo, it is clear that the recent attacks against Justice Terry Clackson are agenda driven and malicious.  In our opinion, Justice Terry Clackson could've, and likely should've,   done much more than just point out that Dr. Adeagbo's evidence was indiscernible and lacking credibility. 
​  The recent and baseless claims of Justice Terry Clackson acting in a racist fashion, appears to be nothing more than a desperate attempt by the establishment to control the Courts through defamatory actions, while deflecting responsibility away from the organizations they represent. Namely, the University of Calgary and their Alberta Children's Hospital which originally incited the criminal prosecution on the Stephans at the same time that they were covering up the fact that their testing showed that Ezekiel did not have bacterial meningitis and that Ezekiel had actually died from oxygen deprivation in an ambulance. In light of the deception and lack of credibility coming from both Alberta Health Services and the Office of the Chief Medical Examiner, David Stephan wonders, "how many people are walking free when they should be behind bars, and how many people are behind bars when they should be walking free? There needs to be an inquiry into the Office of the Chief Medical Examiner, especially surrounding the autopsy findings of Dr. Adeagbo that have all too often become a topic of controversy".
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Progress report obtained from PADIS showing that Doctors at the Alberta Children's hospital were aware that Ezekiel did not have meningitis upon arrival. Many questions were raised after this report was uncovered.

Not Guilty Stephan Verdict Justice Terry Clackson 


Stephan: A plea for help 
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After 7 years of fighting to protect their children while exposing the coverup surrounding their son's passing, they have lost almost everything.  Threats of violence,  financial hardship, misrepresentations by the Former Alberta Medical Examiner and doctors and hostile communities forced them out of their home.  Please consider donating to help them and their children rebuild their lives.  Click here to make a donation

https://gogetfunding.com/stand-for-truth-funding-for-medical-experts-to-further-verify-the-true-cause-of-death-of-ezekiel-stephan/
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Missing Medical Records: Evidence points to Cardston Alberta Doctor's involvement with Ezekiel Stephan during his stay at Lethbridge Hospital

6/18/2019

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Missing Records

Court of Queen's Bench heard Monday that almost all records of a visit by 18 month old Ezekiel Stephan to the Chinook Regional Hospital were missing.  

On March 14th, 2012, 18 month old Ezekiel Stephan entered the Chinook Regional Hospital with a medical team from Cardston Alberta.  What was supposed to be a routine stop over on their way to Alberta Children's Hospital quickly became every parents nightmare.  
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David and Collet Stephan left their 18 month old baby boy in the hands of medical professionals at a rural hospital in Cardston Alberta.  Their son had suffered a sudden respiratory arrest and had been rushed to meet an ambulance before entering the care of medical staff.  Ezekiel was stabilized at the hospital and was prepped for transport to the Alberta Children's Hospital.  His parents were told to meet him there.  
On Monday June 18, 2019 in the Court of Queen's bench Dr. Shauna Burkholder directed the Court to evidence of a Severe Cardiac Event in the Lethbridge Hospital that took place during the period where records are missing. 

​She pointed out it was the result of a mistake by Dr. Alexander Cunningham where he has began to ween 18 month old Ezekiel Stephan off a medication he was relying on to live.
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Dr. Sandy Cunningham
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Doctor's notes showing that there was an attempt to wean 18 month old Ezekiel off Epinephrine while he was critically ill and during transport from the Cardston Hospital to the Calgary Children's Hospital.
PictureDr. Shauna Burkholder
The time where almost all records are missing for about 1.5 hours, was during Ezekiel's stop over in the Lethbridge Regional Hospital.  Dr. Shauna Burkholder testified that the staff were too busy assisting Ezekiel to keep records at this time. 

Medical records showed that there were at least; 3 doctors, 3 nurses, 3 EMS, 1 respiratory therapist, and the night staff of a regional hospital present during this time.  Almost all records from 00:25 to 01:40 on March 14 2012 are currently missing.  Dr. Shauna Burkholder was on the phone directing his care during this time.

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First week in review: Chaos, shocking revelations and perjury at its worse.

6/15/2019

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Ok, so this is a tough post.  It was tough to watch and its going to be even harder to express what I saw as I sat in the court room.  Eye opening for sure. 

At times I have thought there is no humanity! But then I see the absolutely heart wrenching efforts of a father standing at the front of a room against all odds, doing everything he can to shelter and protect his wife and other 4 children.  And I melt.  

The finger pointing has started.  There is a lot of it.  It seems that every medical professional involved remembers things about what the others have done wrong but when a question comes up about their conduct they either can't remember or are suddenly unqualified to speak to the event.  

I'm going to break it down for you:
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Source: Lethbridge Herald. David Stephan interviewed outside the Court House in Lethbridge Alberta
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Day one
No Symptoms; more questions than answers.

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Day one of the trial was not a surprise. 

Registered Nurse and friend of Ezekiel's mother, Terrie Shaw testified that she visited and checked Ezekiel's vitals. 

Collet Stephan had complained that he was more tired than usual and appeared to be achy with muscle stiffness.

Terrie testified that there was nothing she could see of concern and that if Collet wanted to know more then to take Ezekiel into a doctor.   They looked up viral meningitis as a possible reason for the muscle stiffness but Ezekiel did not have the symptoms to match that either.

Answers and clues: Quite literally, nothing lined up

Ken Cherinowski, paramedic testified:
  • the EMS had not secured the endotracheal (breathing)  tube. 
  • That they were driving while holding it by hand. 
  • That a mass of air had entered Ezekiel's stomach as a result of too much pressure on the bag valve mask or possibly and endotracheal tube being placed in the esophagus rather than the trachea.  
  • The bag valve mask and laryngeal mask would not seal or get "Chest rise" because they had been destocked and they did not have pediatric airway supplies.
  • The PCRs were left "open" for days after the incident and not finalized.  This was for "accuracy" so they could add stuff later.
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X-Ray showing a mass of air in Ezekiel's stomach that was forcing his left lung, heart and trachea to the right.

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Dr Lloyd Clark testified:
  • ​That his medical report was wrong.
  • That Dr. Cunningham's medical report was wrong.
  • That his recorded conversations were wrong.
  • That the Cardiopulmonary Report was wrong.
  • That his testimony from the last trial was wrong.
  • That his memory was not accurate and the medical records were important.
  • That all the documents showing he was involved in an intubation in the back of the ambulance were incorrect and that the intubation did not happen.
  • That the Ambulance achieved an airway before arrival, this in spite of a recorded conversation being played that had him discussing the ambulance issue as 12 minutes of travel without getting air into 18 month old Ezekiel Stephan.

A concern was raised over Dr. Clarkes previous notoriety which he earned in 2018 when he made some hard remarks to a group of homeless Natives in the small Southern Town of Cardston Alberta.  News of his actions made national headlines.   
  • ​Dr. Lloyd Clark testified that it was because of the Stephan's case that he had misbehaved during this time.
  • He then accused a member of the Stephan Family of calling him a murderer and perjurer on social media.  
  • He then testified that after hearing that the case was going back to court that he felt the need to seek legal representation.  (His Bennet Jones Lawyer accompanied him to court where he indicated that he would likely be representing Dr. Clarke in the civil litigation to follow the trial)
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Facebook post referred to by Dr. Lloyd Taylor Clarke.

Dr. Clark then continued on with his testimony.  When asked to identify an X-ray he had ordered and interpreted he testified:
  • he was unqualified to give testimony on the film.  
The justice promptly straightened him out. 

The Xray seen to the right shows a zoom in on the trachea.  You can see on the film that the trachea, lungs and heart are all offset to the childs right side.  

This could create catastrophic "intubation difficulties".
You can aslo see a dark spot in his trachea about the same size as the intubation tube.  In the autopsy photos a deep gouge was found directly below this spot.  

The medical Examiner would later testify that Ezekiel did not have an infection in his lung.  It formed only on the outside of the lung.  It is believed that the intubation tube placed in the back of the ambulance in the ambulance bay punctured Ezekiels Plural Cavity and created the infection.
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X-Ray taken of Ezekiel Stephan shortly after arrival to the Cardston Hospital.

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Dr. Clarke was asked if he knew anything about a tracheal tear.  He responded that it was the first time he had heard of it.  

He was then shown the contents of the social media post he had complained about.  The contents were exclusively limited to discussion surrounding a tracheal puncture.  

At this point he claimed he was not qualified to speak to the difference between a tracheal tear and a tracheal puncture.  

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text from the trial transcript where Dr. Lloyd Clarke testified on his first day that he was involved in the intubation in the back of the ambulance. He later recantted the testimony saying that he had forgotten what happened that day and now had a better memmory of it.

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$20,000.00 Reward for New Information on events that took place in the Lethbridge Hospital

6/9/2019

21 Comments

 

Thank you !

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Thank you to the individuals who have provided information thus far. Many people from AHS have come forward and have either provided information or told us to stop digging.  Either way its been telling and has assisted us in determining who and what we need to focus on in the coming weeks of trial.   

There is a current claim that Medical staff were too busy to document during this time.

​Medical expert Shawna Burkholder testified of a severe cardiac issue while Ezekiel was in the Lethbridge Regional Hospital.  She indicated this was a result of a Doctor from Cardston reducing Ezekiel's medication.   The records surrounding this time are undiscoverable!  We need your help!
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Paternal Grand Father of Ezekiel Stephan is offering a $20,000 Reward to the people who provide new information about what happened to Ezekiel Stephan at the Lethbridge Hospital.

$20,000.00 Reward

Missing medical records have left large gaps in Ezekiel Stephan's care.  Missing blood culture reports, un-finalized PCRs, missing charts and logs are all issues currently being dealt with during the Stephan trial. 

Most concerning are is the fact that there is a large gap in records while a severe cardiac arrest was taking place, and evidence of a lethal overdose has been found.
You or someone you know knows something about this case. Please contact us [email protected] ​ 
​This Family needs your help.

Missing Medical Records from the Chinook Regional Hospital

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Transfer records show that Ezekiel Arrived at the Lethbridge Hospital at 00:25 on the 14th of March 1012
​Court heard this week that Logs, charts and recorded phone calls from the Cardston Alberta Hospital all showed promise of a full or near full recovery for Ezekiel Stephan. 

Ezekiel Stephan was transferred from the Cardston Alberta Hospital to the Lethbridge Alberta hospital.  During transport, records show that he improved continually.
Here is where it gets sketchy.  Medical logs, charts and records are almost entirely missing from 00:25 to 01:40.

During this time notes from other doctors at the Alberta Children's Hospital record numerous procedures and a now uncharted Cardiac Arrest.   No charts, logs or records have ever been provided for over 55 minutes of this time frame.  We do not know the identities of who witnessed the events at the Lethbridge Hospital and Alberta Health Services is claiming they have turned over all of the files that are now in their possession.
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Transfer records show that Ezekiel left the Lethbridge Alberta Hospital at 01:40 on the 14th of March 2012
The record below shows knowledge of an uncharted Cardiac Arrest that took place at about 00:50 in the morning.  Right in the middle of the time where records are missing.

Cardiac Arrest Took Place In Hospital  : no charts, logs or records available

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Alberta Children's Hospital PICU record showing that medical staff were aware of a Cardiac Arrest that took place during the time that missing records would have charted.
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ED chart showing that Ezekiel was admitted to the Lethbridge Hospital at 00:29 on March 14 2012.
Records provided from this time frame have the attending physician stating "I was not involved..." Leaving the Stephan family wondering what he wasn't involved with.  The ER Doctor who lives next to Ezekiel's grandfather now claims to have no memory of the events that took place that night.

No one has been willing to talk and the Medical Doctors who were involved have all now lawyered up with the legal firm Bennett- Jones.  

​

Ezekiel Stephan did not have Meningitis.

Newly acquired medical records show that Ezekiel did not have Meningitis.  This new information paints a grim picture of events that took place in the Lethbridge Regional Hospital.
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Dr. Shauna Burkholder's notes showing that after rewarming Ezekiel he began to breath on his own. Then an uncharted dose of Rocuronium was given before he entered a severe cardiac arrest that was uncharted.
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Dr. Aoife O'Carroll was noted in a conversation indicating 0 objective evidence of an infection and that the CT scan ruled out meningitis.

What you need to know

Medical records we do have Identify a number of individuals who were present or in contact during the events that took place on March 14, 2012 at the Lethbridge Regional Hospital ( now Chinook Regional Hospital).
  • Dr. Sandy (Alexander) Cunningham - Currently practicing in Cardston Alberta
  • Paramedic Lou Labrash - Currently listed as residing in Nanton Alberta and working in Calgary Alberta
  • Dr. Jack Regehr - Zone medical director for Alberta South (Lethbridge Alberta) and currently living in Magrath Alberta
  • Dr. Shauna Burkholder - Pediatric  Intensivist at Alberta Children's Hospital
  • Dr. Naminder Sandhu - Currently working at Alberta Children's Hospital.
  • RN Rob Briltz - Currently working at Alberta Children's Hospital
  • RRT Nathan Shewchuck - Currently working at Alberta Children's Hospital
A number of other nurses and medical practitioners would have been on hand during this emergency and would have a personal knowledge of the facts. 
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Stephans get "Rooked" by Alberta's Top Justice.

6/1/2019

3 Comments

 
Friday May 31, 2019 saw three hearings in the Lethbridge Court of Queen's Bench involving the parents of Ezekiel Stephan.

My head is still reeling from what I witnessed.  I can only describe it as confusion, misrepresentations, strategic maneuvering and a complete lack of professionalism on all accounts.  

Here's the breakdown of what took place:
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If all else fails, employ "Judicial Misconduct"

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  1. Associate Chief Justice for the Province of Alberta John Rooke enters and announces that they will be dealing with 3 applications.
  2. Crown stands up confused and indicates that they are only aware of two applications.
  3. David Stephan stands up and confirms their were only two applications filed with the Court.
  4. Justice Rooke blames David Stephan for not providing a copy of his recusal application to the Crown and says we are moving ahead.  He says that the Application was filed.  Clerk can't find the application.
  5. Court Adjourns for a 10 minutes for David to prepare.
  6. Court is back in and David explains that he does not have any of the materials needed to and offers to play this as an explanation.

      7.   After being exposed for intentionally creating the issue in his Court, Justice Rooke lost his temper and declared, he is aware of the recording and they may not play it.  It's not illegal but was improper...
       8.   Justice Rooke rules that the Stephans must now ask permission before speaking with Court officials.
       9.   Justice Rooke directs the Recusal application to run without notice or materials required to run the application.  
     10.   Justice Rooke does not allow the Stephans to read the application.
     11.   With nothing being entered onto the record, justice Rooke dismisses the Recusal application.

"Rooked" with no hope of success

Having strategically dismantled the Stephan's ability to force his recusal, Justice Rooke now had nothing to prevent him from moving ahead as the Justice over the other two applications.

During the application to allow an adjournment for Ezekiel's mother's lawyer to attend, her lawyer stood to assist her.  He was told to sit down and was not allowed to participate further in any of the hearings.  

Justice John Rooke then dismissed the application for adjournment required for Ezekiel's mother to have counsel attend.  She sat quietly wiping tears from her face for the remainder of that hearing.  As of right now Collet Stephan will not be allowed to have legal counsel during her trial.

The Stay Application

The stay application was interesting.  It started with David Stephan presenting a note from the Office of the Medical Examiner as an exhibit.  In this note the writer noted that Valerie Wallace from the Crown's office called to ask if the Medical Examiner was aware of some evidence being sought by the Defence counsel. 

She then proceeded to tell the writer that she did not want the evidence sent to her or for the ME's office to acquire it.  She just wanted to know where to find it. 
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The Office of the Chief Medical Examiner in Calgary Alberta Canada
David drew the conclusion that this was an attempt to avoid obtaining evidence which the Crown would be required by law to turn over to the Defence.   It was also evidence that the defence was not able to acquire during the first trial.

No records kept or logged during a severe cardiac arrest?: Application for stay

David Stephan was given about 35 minutes for this application and as a result had to literally tear pages of documents and arguments from his brief.

The evidence presented boiled down to three basic documents and then other documents that also spoke to the same factors.

Logs on arrival to CRH

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Logs showing arrival to the Lethbridge Regional Hospital. Ezekiel had improved throughout transport.

Gap in records

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Logs showing transport from Lethbridge Regional Hospital to Alberta Children's Hospital.

Cardiac Arrest During Gap in Records

Stephan's argument was simple; It's not reasonable to believe that because a child goes into Cardiac Arrest a hospital would then cease to log medications, vital signs, times or other critical information.  The records are being withheld.
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Notes of a Cardiac Arrest during Ezekiel Stephan's stay at the Lethbridge Regional Hospital. Medical charts and other records surrounding this time have not been turned over to the Stephans after 6 years of asking.
Stephan quoted Supreme Court case law stating that in the case of missing third parties records a stay was the only relief.  Justice Rooke dismissed the application with what appeared to be very little consideration for the law or facts presented.  
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Stephans to attend two last minute hearings for Adjournment and Stay of Proceedings on Friday May 31, 2019

5/30/2019

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The Stephans made two last minute applications to the Court of Queen's Bench Friday May 24th 2019.  Changing circumstances are listed as the reasons for the applications being filed on the eve of the Trial.  If you are interested, please feel free to view the applications below.
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Mainstream Media's Response to the Stephan Evidence Release: "Thread Crapping"

5/29/2019

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Last Saturday began with a bang.  The public release of numerous exculpatory documents pertaining to the Death of Ezekiel Stephan spread quickly across Canada.  Over the course of a week thousands of dollars in donations and over 1200 positive comments were posted to social media pages related to the Stephans. 

Within the first 4 days of the Campaign some 43,000 views on a single post were charted.  
"We released consult notes that showed that Doctors at ACH were aware that there was no meningitis at the time the RCMP were interviewing Eziekiel's mother.  I think there were two people out of almost 60,000 views who said negative things."
On day 5 our views skyrocketed by about 22,000 views.  Naturally we wondered what was driving the views over such a short amount of time.   

​That's when we found this.
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Notes from a conversation with an Alberta children's Hospital Doctor showed that medical staff were aware that Ezekiel did not have an infection or meningitis. This conversation took place at the same time that RCMP were interviewing Ezekiel's mother.
Rather than report on the documents being released, Global News fabricated a story about Sly Anti-Vaxxers,

They listed the Stephans in the article as an example of Sly Anti-Vaxxers.  Attempted to relate the Stephan's posts to vaccinations, tried to shut down the Stephan's post for donations, and then noted that the Stephan's post had nothing to do with Vaccinations.  

David Stephan's brother Bradford Stephan was taking his turn monitoring the page "They sent thousands of people to our page.  We now have about 15 negative comments on the one post and 3 people who are actively saying mean things," said Stephan  

The vast majority of posts, comments and messages are entirely positive toward the Stephans or are showing genuine disgust in the Alberta Governments lack of ethics. 
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We would like to thank Global News for spreading the word by sending their trusting viewers onto our page.  We are sorry for your loss, it was not our intention to have any part in exposing the hard working employees of Global News to further financial hardships.  
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Newly acquired medical records in Stephan case show that the CT scan ruled out meningitis in the Ezekiel Stephan case.

5/27/2019

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The following progress note was turned over to the Stephans after 6 years of fighting for medical records.  What's special about this medical record?  Find the numbers on the document to see the relevance.
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  1. The highlighted conversation is date stamped @ March 15 2012 at 00:30 in the morning.  This is the exact date and time that Ezekiel Stephan's mother was being questioned by RCMP.
  2. This is Dr. Aoife O'Carroll.  At the time she was a resident Doctor at the Alberta Children's Hospital.  Her training and now current designation is in Pediatric Neurology.  
  3. She was acting on behalf of Dr. Catherine Ross.  Dr. Ross is the Doctor who initiated police action against the Stephans for the meningitis death of their son.  She has been involved in a number of questionable police investigations against parents and in one case gave a large uncharted bolus of saline to a small child. Forensic pathologist Anny Sauvageau testified a saline overdose was the most likely cause of young John Wyatt Clark's death.   The parents  of John Wyatt are now facing up to 25 years in prison for his death and Dr. Ross is still practicing at the Alberta Children's Hospital.
  4. Cathy Ross was requesting a bed side consult.  No recorded calls of digital records would be produced as a result of the conversation.
  5. Notes indicate that the Doctors were aware that there was no objective evidence of an infection that would have been present if Ezekiel had a severe lung or septic infection at that time.  Bacterial Meningitis would have required an infection that was severe and septic.
  6. Doctors were aware that the CT scan ruled out meningitis.  This was something that the radiologist report indicated and something that Dr. Shauna Burkholder of the Alberta Children's Hospital repeatedly contradicted during testimony in the last trial.
Summary:  Doctors who called the police over the meningitis death of Ezekiel Stephan were aware that he did not have an infection or meningitis at the time that RCMP were questioning Ezekiel's mother in a room down the hall. 

​What is going on at the Alberta Children's Hospital?  How often are they hiding the medical malpractice deaths of children by having parents charged and families torn apart?
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Associate Chief Justice J.D. Rooke's refusal to allow his own recusal application to be filed or heard is an unmistakable sign for the need to police the actions of The Alberta Court of Queen's Bench.

5/27/2019

12 Comments

 
"... you can’t sue a judge because they’re immune from suit for things that they do in the course of their duties." 
       ~Associate Chief Justice J.D. Rooke Jan 18th 2019
​Calgary Court Center
May 28th 2019 Justice J.D. Rooke refused to allow a recusal application against himself to even be filed in the Alberta Court of Queen's Bench.  This, just one week before the beginning of the Stephan trial, where he will remain as the CMJ and be able to continue to suppress evidence of state wrongdoing.  
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Judge J.D Rooke of the Court of Queen's Bench
PictureSource Vocabulary.com
"If it can't be even filed, you can't appeal it.  There is no official record to work from.  Justice Rooke is obstructing Justice in everyway he can and he thinks he's immune,"  said Stephan during a conference call with a member of his investigative team and family members.

During his meeting with investigators and family David indicated that he has tried to work with Justice Rooke. "I've been polite and courteous and have done everything asked or ordered.  But I have a wife and children who need protection from this man who has declared he will be the evidentiary gatekeeper through the trial.  There is no doubt in my mind that he intends to continue assisting in the coverup that took place 7 years ago.  He intends to hurt my wife and children and he is doing everything he can to prevent a fair trial" 

Recusal applications are heard before and during trials when a litigant determines that they have a reason to believe a Judge has a conflict of interest or bias that would affect the outcome of the case.  In this case Justice Rooke has determined he will remain involved in the case throughout the trial as Case Management Judge over Voir Dires.  Voir Dires would usually fall to the Trial Judge.

Rejected Court Documents show clear examples of Breach of Trust where ACJ Rooke was abusive, ruled in opposition to Supreme Court Case law and is clearly identified to have bias against human rights activists who have been flagged by the government.

After reading the following document you will have no doubt as to why Judge Rooke would refuse to allow this document to become a part of the Court record.


Rooke's crusade against self litigants spills into the Stephan trial.

January 18, 2019 Transcripts highlight, clear abuses of Judicial authority entrusted to Justice Rooke in the following ways:
  • Refusal to allow the Stephan's to respond after Crown Submissions.
  • Arguing with the Crown and Stephans that he did not have jurisdiction to award costs.
  • Repeatedly asking the Crown for help and getting upset when they had nothing to offer.
  • A declaration of immunity from relief sought by victims seeking assistance from the Courts for Charter breaches committed by Justices.
  • Refusal to weigh any evidence that was damaging to the State.
  • A declaration that he would not tell the Stephans how to have their evidence heard.
  • Conflating of Civil and Criminal Law so as to avoid awarding of costs.
  • An offer to the Crown to compel the Stephan's to pay costs for the Stephans application for relief (so that they could afford legal representation in the upcoming criminal trial).

A letter written to the Stephan's show's ACJ Rooke's clear intention to remain in control of Evidentiary Voir Dires during the trial.
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Associate Chief Justice J.D. Rooke refuses to issue subpoenas for TEN MATERIAL WITNESSES in the Ezekiel Stephan case.

5/27/2019

7 Comments

 
With less than 1 week until the Stephan trial. New information is being released by family members of the Stephans.  ACJ J.D. Rooke is shown in communications to have denied Subpoenas for ten key material witnesses. 

Justice Rooke ruled on the 25th of February to dismiss all of the Stephans existing subpoenas.  In a landmark ruling he determined that because the Stephans are self-represented, they are required to file an affidavit with the Court to provide justification / evidence to why every witness should be allowed.
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Associate Chief Justice for the Province of Alberta John Rooke speaking at law day in Edmonton
PictureDr. Jamie Blackwood of the Alberta Children's Hospital
The most notable witness denied is one of Ezekiel Stephan's attending physicians.  Dr.  Jamie Blackwood was one of the attending physicians at the Alberta Children's Hospital.   She is sought after for her role in obtaining organ donation approval for Ezekiel Stephan.

Medical notes indicated that organ donation would not be possible for a child suffering with sepsis.  Especially one who had died of meningitis.

Organ Donation Approved for Ezekiel Stephan

Septic infection be Damned!  Lets approve organ donation and put these infected organs into other kids! 

Most of us probably cringed when we read the line above.  Let's think it through.  Could you trust a hospital that would so recklessly put your child's life at risk by sewing into them an organ that was infected with meningitis causing bacteria?  Would Doctors be foolish enough to transplant an organ into another child if there was even a chance of the organ passing along an infection of this severity?
​Doctors approved the donation of Ezekiel Stephan's organs on March 16, 2012 @ 11:00 AM
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Dr. Jon Gamble's Death Summary for Ezekiel Stephan which contains a number of glaring false claims including misquoting the results of lab tests performed after Ezekiel had died at the hands of Alberta Children's Hospital staff.
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March 16, 2012 HOPE doctor Jones authorized tissue and organ donation of Ezekiel Stephan.
Unfortunately this is an argument you will not hear during the trial as subpoenas for all material witnesses involved in organ donation approval were denied by Associate Chief Justice John D. Rooke.  Every single one.

ACJ Rooke has placed a Sealing Order on the affidavit he required of the Stephans to acquire subpoenas and his response  so you won't see that here either.
Welcome to the Red Sea
Walk with me or follow
Do as your heart dictates

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