Toddler Ezekiel Stephan's death from meningitis 'absolutely shocking': grandfather who saw him a day earlier
TrueHope founder Anthony Stephan says grandson seemed 'normal' a day before tragedy struck
The founder of a controversial nutritional supplements company has testified for the first time at his son and daughter-in-law's trial in Lethbridge, Alta., saying grandson Ezekiel Stephan seemed lethargic but otherwise fine one day before the toddler was declared brain dead.
David and Collet Stephan used naturopathic remedies to treat their son Ezekiel before he died from bacterial meningitis in March 2012, only calling 911 when he stopped breathing.
They are being tried on charges of failing to provide the necessaries of life. David is vice-president of Truehope Nutritional Support Inc., a company based in Raymond, Alta., founded by his father, Anthony Stephan.
In the 10 minutes I was with him, I did not see pus in his eyes, I did not see mucus on his nose or anything like that.- Anthony Stephan, on how his grandson appeared a day before his death
Anthony Stephan testified for the defence Thursday. He told court that on the day back in March 2012, his grandson played shy and strange but showed no signs of a fever, runny nose or cough.
"In the 10 minutes I was with him, I did not see pus in his eyes, I did not see mucus on his nose or anything like that. I noticed that his body movements were normal, but that he had a lack of energy," Stephan, 63, told the four-man, eight-woman jury.
He said the family was shocked to hear Ezekiel's condition had taken a tragic turn the next day, March 13.
"It was a really tragic issue. It was just shocking, absolutely shocking. I wouldn't wish this on my worst enemy," Stephan told the court.
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The toddler had been sick for at least two weeks while David Stephan, 32, and Collet Stephan, 35, treated him with various home remedies — water with maple syrup, juice with frozen berries and finally a mixture of apple cider vinegar, horseradish root, hot peppers, mashed onion, garlic and ginger root.
The court has heard that the Stephans did not seek medical help until the toddler stopped breathing, when he was rushed to hospitals in Cardston and Lethbridge before being airlifted to Alberta Children's Hospital in Calgary.
Five days later, doctors took him off life support machines.
When the trial began on March 7, the Crown told court the couple loved their son and are not accused of ignoring or killing him. But they should have sought medical help sooner, the Crown argues.
Contradictory testimony over reason for visit
On Thursday, Anthony Stephan contradicted his own testimony at one point. He originally told the jury trial that he was summoned to his son's house because of concerns about Ezekiel's health.
"He wanted me to visit with the child and to give him a blessing," Stephan testified.
But Stephan later said he was called to the house for a different reason. He testified that after spending about 10 minutes with Ezekiel, he and David went into another room to discuss business.
"I think we went back to discussing the business issues, went back to discussing business: that's what I'd come out there for."
Stephan's testimony was constantly interrupted by two lawyers representing the Crown.
They objected to Stephan's comments surrounding Ezekiel's condition and what the boy may have been feeling or suffering from.
Stephan offered several apologies to the court for straying off course during his testimony.
TrueHope won legal fight with Health Canada
Stephan told the court he is with Synergy Group of Canada, a company affiliated with TrueHope, the company he founded.
Health Canada launched an unsuccessful court case in 2004 to try to stop the distribution of the company's supplement EMPowerplus — a product the company claims can manage mental illnesses such as bipolar disorder — and also issued warnings about it.
In 2006, the company was found not guilty of distributing EMPowerplus without a drug identification number.
Earlier Thursday, court heard from another defence witness — someone who saw the boy at church just days before he died.
"He was running around," said Doral Lyybart, the volunteer fire chief in the tiny village of Glenwood, fewer than 10 kilometres from the Stephan family home.
Lyybart told court he was shocked to hear the boy died.
"I said to my wife, 'What the heck, he was just at church on Sunday…. I know he was very active, I remember seeing him. He was not being carried around in his mom and dad's arms, he was running around, still fairly active."
However, Lyybart told court he couldn't remember precisely whether it was two days before Ezekiel was taken to hospital or the previous Sunday, which would have been nine days before he was airlifted to Calgary.
Defence closes case
The prosecution rested its case several weeks ago.
After Anthony Stephan's testimony, the defence closed its case.
The jury was dismissed until Friday at 11 a.m., when the defence is expected to give its final arguments.