3 major court decisions to be delivered by Calgary judges in January

The trials are over:the evidence has been presented, closing arguments made and now, three major court decisions are scheduled to be delivered in January.

Parents accused of murdering their diabetic teen, the man acquitted of sexual assault by a disgraced Alberta judge and a mother who refused to take her sick son to a doctor will each learn their fate this monthfollowing three unique trials that wrapped up in 2016.

• Calgary's top criminal trials to watch in 2017

The charges are all completely different murder, failing to provide the necessaries of life and sexual assault but each case has greater implications.

1) Emil and Rodica Radita

• Charges: First-degree murder
• Victim: Alex Radita, 15
• Decision date: Jan. 23
• Judge: Court of Queen's Bench Justice Karen Horner
• Lawyers: Susan Pepper, Marta Juzwiak (Crown), Jim Lutz, Andrea Serink (defence)

The evidence isshocking Alex Radita, 15, weighed just 37 lbs at the time of his death but to secure a first-degree murder conviction, prosecutors will have to have convinced the judge the Radita parents Emil and Rodica either planned to kill Alex or they unlawfully confined him in the days or weeks leading up to his death.

Those are the elements that would elevate the crime from one of neglect (manslaughter) to first-degree murder.

In theirclosing submissions, defence lawyers argued the Raditas did not have the intent necessary for murder and asked they be found guilty of manslaughter instead.

Prosecutor Susan Pepper arguedthe Raditas knew refusing to treat Alex's diabetes would lead to his death because they'd almost killed him the same way twice before when the family livedin B.C.

The family eventually moved to Alberta where Alex never saw a doctor, never attended school and social services in the two provinces were never in touch.

Pepper also argued Alex wasunlawfully confined by his parentsgiven the fact that he was completely dependent on them for care and became so ill and weak he could not leave his home toseek help.

The issue of unlawful confinement in the context of a parent/child relationship is a timely one; a recent Alberta Court of Appeal decisionfound a child dependent on a parent for care who was being harmed by that parent was, in essence, being confined.

Court of Queen's Bench Justice Karen Horner will deliver her decision January 23.

2) Tamara Lovett

• Charges: Failing to provide the necessaries of life, criminal negligence causing death
• Victim: Ryan Lovett, 7
• Decision date: Jan. 23
• Judge: Court of Queen's Bench JusticeKristine Eidsvik
• Lawyers: Jonathan Hak (Crown). Alain Hepner (defence)

This case is one of several southern Alberta cases of parents charged criminally after their children died from treatable illnesses because they refused to seek traditional medical attention.

Most notably, DavidStephan, 33, and his wifeCollet,36,were convicted of failing to provide the necessaries of life by aLethbridgejury in April after the court was told they used naturopathic remedies to treat their19-month-old sonEzekiel, who died frombacterial meningitis.

During the trial, Court of Queen's Bench JusticeKristineEidsvikheard evidence that Tamara Lovetttreated her seven-year-old son Ryan's illnesswith dandelion tea and oil of oregano.

The boy deteriorated for 10 days before he died from a Group A strep infection, which doctors testified would have been treatable had he been brought to a doctor.

The trial had one notable spectator in the gallery Jeromie Clark. Clark and his wife, Jennifer are also facinga charge of failing to provide the necessaries of life in the death of their14-month-old son, John who died in 2013 of a staph infection complicated by malnutrition.

The Clarks followed an extreme interpretation of the Seventh-day Adventist religion and had never taken their son to a doctor. Their trial is set to begin in June2017.

3) Alexander Wagar

• Charge: sexual assault
• Victim: Can't be named
• Decision date: Jan. 31
• Judge: Provincial Court JudgeJerry LeGrandeur
• Lawyers: Janice Walsh (Crown) Pat Flynn (defence)

Alexandar Wagar's case likelynever would have made headlines but for the fact that it was during his first trial that then-Alberta Judge Robin Camp made comments that caused national outrageand caused the Alberta Court of Appeal to order a new trial.

In 2014, Camp acquitted Wagar, who was accused ofraping a young woman in a bathroom at a party in 2011.

But Camp asked the alleged victim questions based on rape myths including suggesting she could have kept her knees together to prevent the assault. He also referred to her as the "accused" several times.

Following an inquiry into Camp's conduct, the Canadian Judicial Council's committee unanimously recommended he be removed from the bench.

Lethbridge assistant chief Judge Jerry LeGrandeur is presiding over Wagar's second trial, likely to avoid any conflict for Calgary-based judges who would have worked with Camp.