They may have poor parenting skills, but the mother and father of a Calgary toddler who died of a methadone overdose aren’t killers, a judge ruled Friday.
Justice Earl Wilson said while Jonathan Hope and Lisa Guerin failed in their parental duties by not getting their daughter medical help, they did not know she would die.
If fact, Wilson said, Hope’s conduct once he found 16-month-old Summer Hope not breathing the next morning he acted as a loving father would.
“He panicked and he tried desperately and for hours to revive her and he failed,” the Court of Queen’s Bench judge said.
Wilson acquitted both Hope and Guerin of manslaughter and criminal negligence charges in the April 29, 2006, death of their little girl in their Southwood area home.
He did find both parents guilty of failing to provide the necessaries of life by not seeking medical intervention when the girl ingested a small, but deadly amount of methadone.
But Wilson said neither expected the tragic consequences of their parental inactions.
“Neither of these parents took any steps to obtain proper, or any, medical attention,” he said.
The judge ruled Summer took a sip from a coffee cup which contained methadone “backwash” from a dosage Hope took earlier in the day at a clinic.
Hope told police he drank the coffee to help wash down the taste of the drug and continued sipping it on his way home.
There was still liquid left in the cup when he arrived at the southwest basement suite he shared with Guerin and their two kids.
When he went to do some repairs on their car so Guerin could use it to drive to Rocky Mountain House for an exotic dancer job he placed the cup in their bedroom and closed the door.
Wilson accepted evidence from former cocaine addict Amanda MacDonald that when Hope returned he and Guerin argued about Summer drinking from the cup.
He said Hope failed in his parental duties by not doing anything to get the child medical care and Guerin was similarly negligent for not doing anything.
Before leaving, Guerin convinced Hope the child would be okay.
“Regardless of Guerin’s response, Hope was not incapable of doing something, anything, to get Summer to the hospital,” Wilson said.
Both parents remain in custody pending a sentencing date being set next Friday.
CALGARY- Summer Hope was too young to know that the drink she swallowed contained a fatal dose of methadone, but when she did, her parents should have done the responsible thing and taken the 16-month-old to the hospital.
But while Jonathan Hope and Lisa Guerin were irresponsible parents in not seeking medical attention, they are not guilty of manslaughter in the death of their little girl, a judge ruled Friday. Justice Earl Wilson also acquitted Hope and Guerin (also known as Lisa Hope) of criminal negligence causing death, saying there was no evidence either parent was aware that drinking the opiate, often used to treat addiction, could kill the little girl.
"The prudent parent seeks medical attention. No real willingness to do that was shown by either parent," Wilson told court. Instead, Wilson convicted each parent of a lesser charge of failing to provide the necessities of life -- a ruling that drew an angry reaction from the godfather of the little girl.
Terrance Lynn said he was disturbed by the verdict, calling it "ludicrous" neither was convicted on the criminal negligence charge.
"She doesn't get to have a life," Terrance Lynn, a longtime friend of Guerin, said of his dead goddaughter.
"Jail time would be a necessity in this case," he said outside court Friday after the verdict was handed down.
During the trial, expert witnesses said the little girl would need only have consumed as little as a teaspoon of the drug for it to be fatal.
But the judge said he doubts many are aware of how lethal methadone can be to those who have never taken opiates.
Wilson outlined the actions Hope, the father, took after discovering his daughter was not breathing on the morning of April 30, 2006 -- performing CPR for hours to try to revive her -- and pointed to things Hope told police about his children.
He was, Wilson said, "a loving parent. His statements breathe his love for his children."
For Guerin, Wilson was not satisfied she had a "reckless disregard" for Summer's health and safety. However, responsible parents would have gone to the hospital, even if they were unaware the methadone could be fatal to their child, he said.
Although evidence indicated Hope had pleaded with his then wife to take him and Summer to the hospital, she decided to continue to Rocky Mountain House where she and a friend had work as exotic dancers for the weekend and Guerin had plans to meet a boyfriend.
Even after Guerin left, Wilson pointed out that Hope "could have walked or hitchhiked to Rockyview Hospital."
During the two-week trial, the court heard medical intervention likely would have saved the little girl's life.
Neither of the accused appeared to react to the verdict.
Outside of court, however, Hope's family said they were relieved to hear the decision. "We feel he got a fair verdict," his cousin Corrine Vooys said. "He loved those kids. He wanted the best for them."
In giving his reasons for the conviction, Wilson said he did not believe Guerin's evidence when she took the stand in her own defence and said she had no knowledge her daughter had consumed methadone.
Prosecutor Ken McCaffrey said the Crown will seek "significant jail time." The maximum sentence for the conviction is five years.
Guerin's lawyer, Adriano Iovinelli, said he was pleased Guerin was acquitted of manslaughter, which carries a maximum sentence of life imprisonment. He will ask for her immediate release Friday when the lawyers and Wilson set a date for sentencing. I completely agree with the acquittal of the two more serious charges. I don't believe these parents believed that their child would die and the father did try to revive her and perform CPR as soon as he discovered that she was not breathing. This shows his loving nature. Yes they should have taken her to the hospital and I agree with the conviction of failing to provide the necessities of life but they did not know she was going to die.
No comments:
Post a Comment