Emil Radita joins wife in asking for new murder trial after conviction in 37-lb. diabetic son's death

Photos from court exhibit.

A Calgary father currently serving a life sentence for first-degree murder in the neglect and starvation death of his 37-pound diabetic son has joined his wife in asking the Alberta Court of Appeal for a new trial.

Emil Radita and his wife, Rodica, were convicted in February by Court of Queen's Bench Justice Karen Horner, who found there was planning and forcible confinement of the teen.

One day before the deadline, Emil Radita filed his notice of appeal, arguing the trial judge's decision was "unreasonable."

"The trial judge erred in fact and in law by disregarding evidence and submissions of the defence," reads the document.

Alex Radita, 15, whose Type 1 diabetes went untreated, died on May 7, 2013. He was extremely emaciated at the time of his death and was covered in 44 ulcers and wounds. 

Witnesses testified at the trial that the boy would have suffered immensely leading up to his death.

The Raditas had a long history of refusing to properly treat Alex's condition. Alex nearly died when he was five and was seized from his parents until a judge in British Columbia returned the boy to his family. 

Around 2009, the family moved to Alberta where Alex was never taken to see a doctor and never attended school. 

Rodica Radita's notice of appeal argues Court of Queen's Bench Justice Karen Horner was unable "to decide [the] case on the facts rather than on emotion."

"The judge's crying during my case (closing argument and while reading her decision) demonstrates that she was biased," reads the document.

The Raditas have been in custody since they were arrested and are each serving life sentences with no chance of parole for 25 years.

No date has been set for the appeals to be argued.