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LETHBRIDGE, Alta. – A forensic doctor who performed autopsy on a 19-month-old toddler whose parents are on trial after his death clashed Monday with the boy's father.
David and Collet Stephan are accused of failing to provide their son Ezekiel with the necessities of life, while his family lived in southwestern Alberta in 2012.
As part of the lawsuit, the couple had previously thought that the couple thought that Ezekiel was suffering from the flu and had treated her with alternative remedies, while a midwife and a naturopathic doctor had suggested that he undergo medical treatment.
Dr. Bamidele Adeagbo testified at the Lethbridge trial that the autopsy concluded that the child died of bacterial meningitis and lung infection.
Adeagbo was a medical examiner in Calgary before leaving for a new job in Indiana a year ago. He testified by video of Terre Haute.
Although he conducted the autopsy in March 2012, his final report was not completed until seven months ago.
Adeagbo said that it was important that he take the time necessary to give a full explanation in his final autopsy report.
He sent samples of the cerebral cerebrospinal fluid of the toddler and a biopsy of his right lung, which had an infectious mbad, to a microbiologist, which took time.
"There was no confusion as to the reason for his death," Adeagbo said.
"It was obvious that it was bacterial meningitis and empyema, there was no trauma or anything suspicious."
David Stephan, his own lawyer, spent more than four hours explaining to Adeagbo why the doctor had not checked for the presence of viral infection in the fluid and tissue samples. Stephan also asked why Adeagbo had asked the lab to perform a test that was only used for research at the time.
"Did you provide a diagnosis with the help of a test that was not approved for diagnostic tests?" Stephan asked.
"No, because that diagnosis had already been made, it's important to know exactly what caused it, that diagnosis was real," Adeagbo replied.
"And yet, an unapproved test for research purposes is used to determine whether there was bacterial meningitis?" Stephan continued.
Adeagbo said the test had been used in the US and Europe and needed to give a clearer picture of what had happened to Ezekiel.
"I think that as a parent you should be happy to actually know what caused bacterial meningitis in this kid," Adeagbo told Stephan.
"To be honest, you should be happy to know the cause."
The pathologist's comments have not yet been admitted into evidence at trial, as the defense questions his qualifications.
Lawyer Shawn Buckley, who represents Collet Stephan, says there is a "problem of bias" with the witness. A voir dire, which is considered a separate trial, is under way to determine whether Adeagbo will be allowed to testify as a forensic expert.
The Stephans are judged for the second time.
A jury found the couple guilty in 2016, but the Supreme Court overturned the convictions last year and ordered a new trial. This one is before a judge alone.
Follow @ BillGraveland on Twitter
Bill Graveland, The Canadian Press
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