Edmonton Journal from Edmonton, Alberta, Canada • 27

CITYALBERTA EDMONTON JOURNAL B7 TUESDAY, OCTOBER 17, 2000 Thieves target centre for deaf Birth tragedy an agonizing court drama iMm I 'i if. ui'V- '( Edmonton Association of the Deaf gained entrance to the building. member of the association and president of the Alberta Cultural Society of the Deaf, one of two related deaf organizations in the building, couldn't imagine how anyone could do anything "so hurtful. "We feel as a family we've been violated," she said. The association, which helps lobby for the city's deaf population and provides a wide array of services, moved into the upstairs space at 11404 142nd Street last November.

of April 24 when Marriott began the drip. The problem was she failed to rupture the membranes and attach the electrode, said Lake. "Dr. Marriott broke a cardinal rule when she didn't rupture the membranes." Two hours later, the baby went into severe distress and her heart was lost on the external heart monitor. The girl, christened Kelsey, died soon after.

Cindy and Stephen Martin are suing Marriott, their former family physician, forthedeath which occurred at the Banff Mineral Springs Hospital. They are also seeking to be compensated for their pain and suffering of their loss. Cindy Martin's mother, Mary Bertoia is also a plaintiff in thecase. Marriott's lawyer, Karen Pirie was vehemently opposed to having Lake testify saying that it was irrelevant Her client has already acknowledged her liability in the baby's death so his testimony on what happened during the delivery has no relevance, she said. Ifs also somewhat inflammatory as Marriott will not be testifying at the civil trial and therefore can not defend her actions, she added.

Martins' and Bertoia's lawyer Blaine Schumacher disagreed saying that the doctor's testimony would help Justice Patricia Rowbotham determine the amount of damages. It also goes to the pain and suffering she endured during a labour which could have been hours shorter. Under Canadian law, a fetus is independently apart from its mother. As long as a baby is still in the womb or is still attached by the umbilical cord, it's considered a fetus. Kelsey was still attached by the cord when she was delivered and didn't take a breath on her own, so she is considered a fetus and has no monetary value or rightSL Southam Newspapers Medical flaws underscored in expert testimony SHELLEY KNAPP Calgary Herald CALGARY A Canmore mother could have cradled a healthy baby girl in her arms, rather than placing her ashes in a porcelain urn, a Calgary court heard Monday.

Dr. Ray Lake, an expert in the area of obstetrical care, testified it vras his opinion that Cindy Martin could have delivered a viable baby up to minutes before she strangled to death on her umbilical cord. There were three definite places during thelengthy labour that Dr. Lynne Marriott could have intervened, he said. Once when Cindy, who was 42 weeks pregnant at the time, arrived at the hospital on April 23, in early labour.

There were signs that the baby was already in some distress, said Lake, pointing out the baby's 160 beat- per-minute heart rate. "This would be a concern," said Lake, a teacheratthe prestigious Women's Health College in Toronto. The second point of intervention would have occurred about 10 hours later when it appeared Cindy's labour had stopped progressing. At that time Lake said he would have ruptured her amniotic membrane and attached an electrode to the baby's head to monitor herheart rate. He would have also alerted the operating room that they may have to perform an emergency caesarean section.

Lake added he would have began a Pitocin intravenous drip, which is given to augment labour. Marriott chose to give Cindy some sedatives to help her sleep. The last point of intervention wouldhavebeen on the morning president Grant Underschultz near the The centre is operated by deaf volunteers. Betty Bourget, whose deaf husband is a member of the association, was brirnming with anger. "If I catch those guys, they'll have to deal with me," Bourget said, bitterly.

"Those poor people worked so hard. Those seniors can barely walk. This is sad." Members, many of them seniors, spent years working casinos and bingos and organizing Alberta spokesperson Bart Johnson said an appeal branch of Crown prosecutors decided a ruling by provincial court Judge Gerald DeBow earlier this month was thorough. "The appeal board looked at the file and concluded there isn't a strong likelihood for a successful appeal." The youth's mother was ecstatic to hear the news. "That's just wonderful!" she said from their home in Taber.

"He was in terror about it," she said. "Hehad nightmares. He was fight to try Taber teen in Offices ransacked, valuable equipment taken in break-in DON ROT'S ON journal Staff Writer EDMONTON A local deaf organization is picking up the pieces after its west-end offices were ransacked and thousands of dollars in equipment stolen. Grant Underschultz, president of the Edmonton Association of the Deaf, is perplexed by last week's break-in at the Deaf Community Centre. "It seems odd why they would target us, specifically a deaf organization," Underschultz said through a sign-language interpreter.

"As an association, we have just accomplished a lot of our goals here. And then this happens. Why would they do this?" Someone forced their way into a street-level door before entering the second-floor centre. Three televisions, a new computer and the keys to a 1996 CMC van were taken. The stolen van was recovered by police Monday.

Abenchinthe van was also missing and there were scratches on the van's interior. The thefts are the biggest setback since the group lost more than $20,000 in investments with the financial collapse of the Principal Group in 1987. Underschultz's wife, Diane, a Crown ends The Canadian Press CALGARY The Alberta Justice Department will not appeal a ruling for a youth court to hear the case of the teenaged boy accused in a fatal school shooting in southern Alberta. Defence lawyer Balfour Der said he is now considering whether his client intended to kill three students when he opened fire in April 1999 at W.R. Myers high school in Taber.

"It is absolutely clear that my hut it's trulv cmczin mm mm mMm what it's dons FILE PHOTO area of broken glass where thieves numerous fund-raising events to afford the space, Bourget said. They didmost of the renovations themselves, she said, and with the help of grants, bought a computer, TVs, a VCR, pooltableand other recreation items. "They're old, they're handicapped. They worked like buggers to get this going and whoever did this, they have to find them," Bourget said. "Those seniors were so happy to have that place." adult court worried about his life." The youth, who was 14 at the time of the shooting, is charged with the first-degree murder of Jason Lang, 17.

He is also charged with the attempted murder of two other students, one of whom was seriously injured. The accused suffered brain damage last year after a stroke during surgery to correct a heart defect. His condition was only discovered after he was arrested for the school shooting. The teen has speech problems from the stroke. first started i.r.

to it l.o a Ma client pulled the trigger of the gun," Der said Monday. "Was there to be an issue one would expect it would centre around capacity mental capacity and intention," he said. "Intention means someone was acting voluntarily, with volition as opposed to someone who acts without any thought. That's something that we have to determine." The boy was scheduled to enter apleain youth court Wednesday, but Der said he will ask for an adjournment C. i A i.

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