Trial delayed for parents accused of refusing to take dying toddler to doctor - Action News
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Calgary

Trial delayed for parents accused of refusing to take dying toddler to doctor

Jennifer Clark and her husband Jeromie Clark face charges of failing to provide the necessaries of life and criminal negligence causing death after their 14-month-old, John, died in 2013.

Jennifer and Jeromie Clark are charged with criminal negligence causing death

Exterior image of the Calgary Court Centre.
Jennifer Clark and her husband, Jeromie Clark, face charges of failing to provide the necessaries of life and criminal negligence causing death after their 14-month-old son died in 2013. (Meghan Grant/CBC)

The trial for a Calgary couple accused of refusing to bring their dying toddler to a doctor has been delayed by more than a year.

Jennifer Clark and her husband Jeromie Clarkface charges offailing to provide the necessariesof life and criminal negligence causing death after their 14-month-old, John, died in 2013.

Last month, Jennifer failed in her attempt to have her trial delayed because she wanted a new, female lawyer with experience representing people facing the same charges. Court of Queen's Bench Justice Glen Poelman found that demand "unreasonable" and that she had not acted "honestly."

In April,Jeromie was asked if he would waive his Charter right to be tried within a reasonable timebut he refused, saying he's not been allowed to see his kids and feels he's missing their childhood.

Poelman refused to vacate the trial set for June 2017.

Now, the couple has accepted the burden of delay, meaningthey can not apply to have their charges dismissed based on the length of time between charges being laid and trial.

Medical experts required

Jennifer has hired a new lawyer who told Poelman he needs time to line up expert witnesses.

"I do not have time between now and the first of June to actually retain and instruct those expert witnesses and it would be a fairly severe detriment to my client if I could not do so," said defence lawyer Dale Fedorchuk.

Both Fedorchuk and Jeromie's lawyerDavid Chowconfirmed they will need experts for the defence's case. Prosecutor Shane Parker did not oppose the application.

"It is the type of case that does cry out for defence evidence from an expert medical standpoint," said Parker.

Both husband and wife have caused delays over the years by firing their lawyers and hiring new ones. At times they have represented themselves.

Jury trial booked for Oct. 2018

At the time of the couple's arrest, police saidthe family followed a strict diet based on an extreme interpretation of the Seventh-day Adventist religion.

Johnwas brought to the hospital by his parents on Nov. 28, 2013, and died the next day of a staph infection complicated by malnutrition.

The boy was born at home and had never been to a doctor.

At the time they were charged, police said it appearedthe parents took steps to concealtheir son'scondition from other family members.

A three week jury trial has now been booked for Oct. 1, 2018.