Alberta Kafka Released

September 3, 2009 permalink

The convicted foster mother in the Alberta Kafka case has been released on (low) bail following her appeal. The release was unreported for a month.

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Manslaughter appealed

Foster mom was convicted in death of boy, 3

By TONY BLAIS, COURT BUREAU, Last Updated: 3rd September 2009, 2:53am

An Edmonton foster mother who was put behind bars after being convicted of manslaughter in the death of a three-year-old boy in her care is back on city streets.

Two months and two days after being handed a three-year prison term, the 35-year-old nurse was released on bail pending several appeals in the high-profile case.

The woman, who can't be identified to protect the identity of the slain foster child, was sent to prison June 4 and let out on bail by a Court of Appeal of Alberta judge Aug. 6.

NUMEROUS CONDITIONS

According to court documents obtained by Sun Media, the former nursing instructor was released on a $5,000 no-cash deposit recognizance with numerous conditions.

Those include that she keep the peace and be of good behaviour, attend court when required, report to her bail supervisor weekly and turn herself in for her appeal.

As well, she must live with her mother and maintain employment with her father, and she is not allowed to apply for or possess a passport or other travel documents.

She is also not allowed to be alone with children under 12, unless another adult is in the immediate presence, or have any child under her care.

She is allowed to have supervised access to her own biological children if a court determines it is in the best interest of the children.

FIVE-WEEK TRIAL

A jury acquitted the woman of second-degree murder, but found her guilty of manslaughter on Nov. 29, 2008, after three days of deliberations following a five-week trial.

Police were called to the woman's west-end home on Jan. 26, 2007, after the boy was taken to Stollery Children's Hospital suffering from serious head trauma. He died in hospital the next day as a result of a fatal brain injury, later determined to be caused by blunt force trauma.

At her trial, the foster mother tearfully testified that the victim was "throwing himself everywhere" as she was holding him in the bathroom, that she lost balance and the boy fell, hitting his head on the toilet, causing the fatal injury.

A Crown expert testified the boy's injuries came from being struck repeatedly, shaken, or a combination of the two, and said that the injuries were not accidental.

A U.S. pathologist disputed the expert's evidence and testified fatal brain injuries can be caused by short falls.

'SUB-ZERO GARAGE'

The jury heard evidence that the young foster child was locked in a "sub-zero garage" clad in only a diaper, forced to stay on the toilet for long periods and made to exercise up and down stairs after midnight.

The foster mom has filed appeals of both her manslaughter conviction and her sentence while the Crown is appealing her acquittal on second-degree murder.

The couple of months the woman served on her penitentiary sentence were at the minimum-security Okimaw Ohci Healing Lodge near Maple Creek, Sask.

TONY.BLAIS@SUNMEDIA.CA

Source: Edmonton Sun
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