'Not a close call': Judge finds Ontario couple who tried to adopt 2 brothers guilty of murder, torture

< warm>WARNING: This story references allegations of baby clapperclaw.

An Ontario superordinate Court judge has found Burlington couple Becky Hamber and Brandy Cooney guilty of all charges in the death of a 12-year-old boy and the torture of his younger brother, who were both in their care.

The judge read from his decision in Milton court Tuesday morning, taking fewer than five minutes to issue his findings in the murder trial for Brandy Cooney, 44, and Becky Hamber, 46.

Some of the over two dozen people who were present sighed loudly after hearing the rulings. Conlan didn't explain them or offer any other comments. His reasons are outlined in a 300-page decision.

Hamber and Cooney "hated the boys," Conlan wrote. They "deeply resented them having come into their lives and not having turned out to be what was expected."

He said they confined L.L. In a "dungeon-like bedroom" as he wasted away, demonstrating a deliberate intention to kill the child.

"He should be remembered for more than this,” the judge wrote.

Hamber and Cooney didn't address the court. They only spoke privately with their lawyers before they were handcuffed and escorted out. Conlan said they would be sentenced at a later date, perhaps in mid-May.

The boys lived with Hamber and Cooney, their prospective adoptive parents, for about five years starting in 2017.

L.L. Died Dec. 21, 2022. First responders found him unresponsive in a pool of liquid on the floor of his basement bedroom. The trial heard he was 48 pounds days before he died, about as much as a six-year-old should weigh.

Days after L.L.'s death, the Children's Aid Society took J.L. From the couple. On Jan. 17, 2023, Halton police arrested the women and charged them with assault. On Feb. 29, 2024, police charged the pair with killing L.L.

At the outset of the trial, which began in mid-September, Hamber and Cooney pleaded not guilty to first-degree murder of L.L., and to assaulting, confining and failing to provide the necessaries of life to J.L.

The judge-alone trial heard from 48 witnesses, with 209 exhibits entered into the record, as Conlan pointed out in his decisions.

Ultimately, Conlan wrote he depended largely on text messages between Cooney, Hamber and Cooney's father (who lived with the couple), J.L.'s testimony, evidence of medical professionals who treated L.L., the post-mortem findings and the opinions of two expert witnesses, and testimony by Hamber and Cooney.

"I believe J.," the judge wrote.

In contrast, he listed and picked apart nearly 90 pieces of testimony by the couple, saying some of it was "nonsensical" and other aspects made "no sense."

Conlan said Hamber "destroyed" her credibility by refusing to concede that she had witnessed her wife strangle and throw down L.L., something she texted Cooney about on Sept. 1, 2022.

He said the evidence convinced him L.L. Was severely malnourished when he died due to consuming too few calories. There was no reliable evidence to find L.L. Had any eating disorder or medical condition, or that he experienced refeeding syndrome, which can occur when someone who is malnourished eats too much too quickly, Conlan wrote, refuting the defence's theory.

He said that due to "overwhelming evidence against" Hamber and Cooney, it was "not a close call" for him to find them guilty of unlawfully confining the boys, assaulting J.L. And failing to provide the necessaries of life to him.

He wrote that the couple also failed to provide the necessaries of life to L.L., and that led to his death.

She said she hoped the decisions will bring "some measure of accountability."

"Our thoughts right now turned to J.L., and his family, and loved ones and all those people who knew and loved L.L.," Mackenzie told reporters.

Hamber's lawyer, Monte MacGregor said, he was "a little bit surprised” about the finding of guilty of first-degree murder, adding he thought his team had been able to get it "off the table."

Hamber was "obviously disappointed," he said, adding he'll look for any available routes of appeal.

Kim Edward, Cooney's lawyer, declined to comment.

The Crown's argument was that Hamber and Cooney hated the brothers, and isolated them from their community and medical professionals as L.L. Became increasingly unhealthy — ultimately dying from malnutrition and hypothermia.

In October, Ontario's deputy chief forensic pathologist testified the autopsy he performed on L.L. Was unable to determine a cause of death, but he could not rule out possible causes including hypothermia or cardiac arrest linked to severe malnourishment. 

The defence countered that the women never intended to harm the boys and did all they could to help them, with insufficient guidance from the Children's Aid Society and medical professionals.

In closing statements in March, MacGregor described the brothers as "broken," saying they had violent outbursts and harmed themselves. He said Cooney's and Hamber's parenting tactics, such as tying the brothers into wetsuits, were "questionable," but children's aid workers knew about them.

MacGregor and Edward suggested L.L. Likely died from an electrolyte imbalance caused by a rare eating disorder.

Conlan's written decision commends the work of the defence and the Crown.

He said it is not the defence's fault "the evidence of their clients has been found to be worthless."

Heather Walsh, the two boys’ former longtime foster mom, was among the many witnesses who testified at the trial. 

On Tuesday, she told reporters after hearing the decisions that "L.L. Was such a freedom fighter and justice was so important to him that this would be everything for him and for J.L. As well."

Closing arguments start in case of Ontario boy allegedly killed by couple trying to adopt him

In a statement on Conlan's decisions, the biological mother of L.L. And J.L. Thanked Conlan, court staff, the Crown and the defence for their work.

She also thanked Halton regional police Sgt. Julie Powers, who led the investigation and testified at the trial, and praised J.L. For his testimony.

The trial heard that J.L. Is once again living with his mother. The CAS had apprehended the boys when L.L. Was a toddler due to concerns about their home environment. Those concerns were not detailed during the trial. 

If you’re affected by this report, you can look for mental health support through resources in your province or territory . If you’re in immediate danger or fear for your safety or that of others around you, please call 911.

Reporter

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