Alberta Appeal Court orders 3rd trial over toddler death for David and Collet Stephan

Alberta’s top court has ordered a third trial for a couple originally convicted then found not guilty in the death of their ill son.

The Alberta Court of Appeal has granted a request by the Crown to overturn the 2019 acquittal of David and Collet Stephan.

Click to play video 'David Stephan speaks to media following acquittal' David Stephan speaks to media following acquittal

David Stephan speaks to media following acquittal – Sep 19, 2019

The Stephans were accused of not seeking medical attention sooner for 18-month-old Ezekiel, who had meningitis when he died in 2012.

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A jury convicted the couple in 2016, but the Supreme Court of Canada overturned that verdict and ordered a second trial at which a judge acquitted them.

Read more: David and Collet Stephan found not guilty in 2012 death of son

The Appeal Court judges ruled that comments made by the judge about a chief medical examiner demonstrated “a reasonable apprehension of bias.”

As a result, the not guilty verdicts have been set aside and a new trial ordered.

Click to play video 'Judges hear Alberta Crown’s appeal of Stephan acquittal, no decision made' Judges hear Alberta Crown’s appeal of Stephan acquittal, no decision made

Judges hear Alberta Crown’s appeal of Stephan acquittal, no decision made – Jun 11, 2020

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