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'No ifs, ands or buts': Calgary judge warns trial going ahead for couple accused in son's death

'No ifs, ands or buts': Calgary judge warns trial going ahead for couple accused in son's death

A Calgary mother accused of refusing to take her dying toddler to a doctor was back in court Friday, firing and hiring yet another lawyer just weeks before trial despite a warning from the prosecutor assigned to the case.

Jennifer Clark and her husband, Jeromie, are charged with failing to provide the necessaries of life and criminal negligence causing death. The couple's 14-month-old son, John, died from a staph infection and malnutrition in 2013.

With only six weeks before their trial begins, Jennifer has fired yet another lawyer. Friday morning, Dale Fedorchuk applied to get off the record so that divorce lawyer John Phillips could begin representing Clark.

Phillips will be her fourth defence lawyer.

Prosecutor Shane Parker warned Phillips that the case is "a complicated matter" full of medical evidence.

"Mr. Phillips should understand what he's walking into," said Parker.

Of the Crown's 15 witnesses, 10 are doctors, he said.

"This is a heavy medical file," said Parker.

After confirming Phillips would be ready to go to trial in six weeks, Justice David Gates allowed Clark to change lawyers but not before issuing a warning: This is going to trial in October, period. There's no ifs ands or buts about it."

"This is the last appearance I expect before October 1st."

Boy never taken to doctor: police

Several judges who have dealt with the Clarks as they make their way through the courts systems have expressed frustration with the delays and attempted delays caused by the couple.

In March, warrants were issued after Jennifer failed to show up at court. Her lawyer at the time noted he had not been able to get in touch with her for months.

Last year, Jennifer 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." He refused to allow her to delay the trial.

Parker previously argued against one of the couple's proposed delays, telling the court it should have "deep suspicions" about Jennifer Clark's motivations for requesting a trial delay and suggested she was "manipulating the system" for the benefit of her husband.

People accused of crimes can see their charges dropped if their case takes too long to get to trial.

Jurors will hear about the Clarks' toddler, who died the day after he was brought to hospital.

John Clark was born at home and had never been to a doctor, police said at the time charges were laid.

Investigators also said it appeared the parents took steps to conceal their son's condition from other family members.

A three-week jury trial is scheduled to begin Oct. 1.

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