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Family seeks legal counsel for inquiry

The fatality inquiry reviewing the death of 13-year-old Samantha Martin was delayed again Friday when the biological family asked for an adjournment to obtain legal counsel.

The fatality inquiry reviewing the death of 13-year-old Samantha Martin was delayed again Friday when the biological family asked for an adjournment to obtain legal counsel.

The court was scheduled to hear from the last three witnesses, but Velvet Martin, the girl’s biological mother, asked for an adjournment so a lawyer could represent her daughter.

Samantha died in December 2006 after collapsing from a heart attack. The inquiry is supposed to determine what caused the girl’s cardiac arrest.

The court has heard a number of theories about what caused the girl’s cardiac arrest, including a possible arrhythmia and a urinary tract infection, but none of the experts who testified could say definitively what happened.

Samantha had a rare chromosomal disorder and, at the encouragement of Alberta Children’s Services, the Martins put their daughter in foster care.

Samantha spent more than a decade in foster care with the same family and Martin has alleged inadequate care, including neglect, abuse and seizures that went untreated contributed to Samantha’s death.

The foster family has denied all of those allegations.

Over several weeks of hearings, Martin has cross-examined witnesses, filed documents and made arguments without legal counsel.

Martin said she has found the experience overwhelming and she wants her daughter represented professionally.

“I don’t have the expertise,” she said. “I don’t know what to ask.”

She said she simply doesn’t have the resources, but still wants to understand what happened to her daughter.

“I am Mommy and all I have is the truth.”

Children’s Services has had a lawyer present, and so has the foster family. The inquiry counsel has done all of the primary examination of witnesses.

Martin applied for the adjournment Friday so a lawyer, who just agreed to take on the case, can receive funding from the government.

She said she is hopeful the government will approve the request for a lawyer.

“I am not asking for counsel for me; I am asking for counsel for a child,” she said. “The whole fatality is about the child. The child should have representation.”

Martin said another delay in the hearing, which she says has been a long time coming, is not a major concern, because, ultimately, she just wants justice for her daughter.

“I will wait the rest of my life if necessary.”

While she is focused on her daughter, the inquiry is meant to prevent future tragedies. It make sense to have all sides equally represented, she said.

Prior to the adjournment, the inquiry was supposed to hear from the doctor who treated Samantha right before her death, as well as a caseworker from Children’s Services and the medical examiner.

The inquiry will now resume on March 18.

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