Ezekiel Stephan Trial
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Subject: X-RAY that was withheld from disclosure and was allowed to be acquired only after guilty verdict.
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Notes:
  • Taken 2012 Mar 13 Cardston AB
  • Not included in Medical examiners file.
  • lacking in Right Plural Empyema listed on Medical Examiners Autopsy Report.  Report referred to as cause of Bacterial Meningitis.  No Empyema = no bacterial meningitis?  Why was X-Ray left out of disclosure?  Doctors could have been cross examined on XRay unlike more technical CT scans.  Would Autopsy report be tossed if cause of death was disproved?
  • Acquired after guilty verdict. 
  • Processed 04/05/16
  • Security involved when requested from Cardston Hospital.  Threatened to withhold for 30 days.
  • Lethbridge regional did not seem to recognize the file.  No issue acquiring from there. 
  • Disclosure law?  Rules of court?
  • Court Deems Medical Examiner evidence critical to trial.  See page 120 of trial transcripts.
  • Court was led to believe that the entire medical examiner file was provided to Defense counsel.
  • Clear Section 7 Charter violation.  Refer for Charter Challenge
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