Prospective mom at Ont. murder trial asked about having boys exercise when one was so small

Ontario's Former baby counselor says Children's assistance Societies made 'bad decisions' leading up to demise of boy

A foster mother of a boy who died in 2022 and his brother will resume testimony around 10 a.m. ET at the murder and assault trial in Milton, Ont., Superior Court.

Becky Hamber, 46, is set for her third day in the witness box. She and her wife, Brandy Cooney, 44, have pleaded not guilty to first-degree murder of the older boy (known as L.L.). 

The accused women entered the same plea to charges relating to his younger brother (J.L.), including confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life. The boys' identities are protected under a publication ban. They’d been in the women’s care in Burlington for about five years while they were trying to adopt them.

In her testimony yesterday, Hamber spoke about the methods she and Cooney used to control the siblings, including zip-tying them into wetsuits and locking them in their bedrooms overnight.

Hamber explained why she felt she had to restrain the children or limit their freedom. For example, Hamber said, she and her wife zip-tied hockey helmets onto the boys to prevent them from banging their heads into various objects.

Hamber told the court that children’s aid workers and health professionals knew about the couple's decisions and did not raise any issues. She also said she loved the brothers despite all the difficulties the couple had with them.

L.L. Was 12 when he died in hospital after he was found soaking wet and unresponsive on his bedroom floor. He was severely malnourished and underweight. 

J.L., now 13, testified earlier in the trial about his time in the home. He spoke of cuts on his feet from being zip-tied in shoes, a fact also raised in court yesterday. 

The court has heard testimony and seen evidence of L.L. And J.L. Using baby bottles. 

Previously, therapist Terra Bovingdon testified she told the women that for children who act younger than they are in certain circumstances, engaging with them at that younger level in 10- to 15-minute increments, two or three times a day, could be helpful.

Today, Hamber says the couple used a baby bottle for L.L. To calm him in response to Bovingdon’s guidance. She says she would also use it to serve the boys drinks. Prior to that, she says, they would drink very quickly and hurt their stomachs. 

“We used it [baby bottle] on and off for about five years,” Hamber says, adding the boys liked it and it was working. She says that in their last six months together, they were giving J.L. Cups, but still giving L.L. Drinks in a baby bottle.

MacGregor shows Hamber a record of a communication between her and a Halton CAS worker.

Hamber says it shows her explaining the sleeping arrangements for L.L. And saying he wasn’t ready for a bed.

Hamber has testified L.L. And J.L. Would have outbursts during which they’d harm themselves and break objects, including in their bedrooms at night.

Hamber and Cooney put the boys to bed in sleep sacks instead of with sheets, Hamber says, to reduce the risk of manual strangulation.

She says Halton CAS knew about this too.

MacGregor asks Hamber how "explicit and extensive" she would have been in communicating methods like the sleep sack or hockey helmet.

"We would either have a direct conversation with our worker" or use email, Hamber says. "We told them what we were using, why we were using it."

The couple would say they were uncomfortable using these techniques but felt they had no other choice, Hamber adds.

The last time a Halton CAS worker saw L.L. Was virtually in September 2022, the court has heard.

Based on the worker’s notes, read into court by assistant Crown attorney Monica MacKenzie, she was concerned about L.L.'s appearance — his thinness, paleness, sunken cheeks and dark circles under his eyes.

The worker had reported her concerns about L.L.'s health to Ottawa CAS in an email, the court heard.

But she never checked on him again, records indicate.

The worker was promoted to supervisor and another worker took over the file, but didn’t set up a meeting with L.L. Or the women before he died.

Justice Clayton Conlan asks if Hamber means she thought L.L. Was capable of doing exercises up to the point of his death. She says yes.

MacGregor asks if they ever used exercise as a punishment. Hamber says no.

Also when asked, she says Halton Children’s Aid Society knew about the exercise regime and a worker saw the boys doing the activities.

Nobody raised issues, Hamber testifies.

This is the first time the trial has heard Halton CAS was aware of the exercises.

To give some context about L.L.'s death, he was found by first responders the evening of Dec. 21, 2022. He was unresponsive, soaking wet, on the floor of his basement bedroom, the court has heard.

A wetsuit lay nearby, as did a daycare cot. No other furniture was in the room.

Police, firefighters and paramedics thought L.L. Was initially about six years old because he was so small and emaciated.

The court has heard from an expert that L.L. Was 48 pounds leading up to his death — less than he weighed at six years old — and had stopped growing due to malnutrition.

The defence has argued his small size was due to an eating disorder and the women were trying to get him into a clinic at the time of his death.

The Crown has alleged Cooney and Hamber forced L.L. And J.L. To exercise, and the court has been shown videos of them doing that.

The exercises included walking up and down stairs and doing burpees. The couple used tape on their floors to mark spots for the children to do these activities.

The defence has suggested the women used rhythmic activity to calm the children, following direction from a mental health professional.

Today, Hamber says they would sometimes direct a child to walk stairs to calm them, perhaps for five minutes initially, adding more time if they felt it was necessary.

MacGregor asks if L.L.’s small size was something they considered when doing this.

"It didn’t really become a major factor," Hamber says, adding if he appeared to be struggling, they wouldn’t have had L.L. Do the exercises.

L.L. Would often stop, she says, but she took from that he didn’t want to climb stairs, not that he couldn’t.

Hamber says the couple used restraint jackets at times to hold L.L.'s or J.L.'s arms and hands down.

"The intention and purpose was to remove any potential for grabbing the sleeve and putting it around their throat," she says.

Hamber says as much as possible, she would stay with a child while they were having tantrums, but that was not always possible — especially when she was alone with both.

MacGregor asks his client about the way she would speak with L.L. And J.L. During tantrums, referencing audio recordings we heard in court of the women berating the children.

Hamber says she would try to keep her cool, but sometimes got frustrated. 

In one 2022 recording played in court, the couple could be heard making fun of J.L., saying things including, "God, you’re so annoying," and, "You’re a big old joke." 

Hamber says she never struck the children and didn’t swear at them.

Yesterday, Hamber’s lawyer asked her about using a zip-tied hockey helmet on the children. She testified it was a safety measure to stop them from deliberately banging their heads during tantrums.

"Sometimes the helmet would remain on for the duration of a tantrum," but not always, Hamber said, adding it depended on the situation.

The Crown has alleged, during cross-examination of Cooney, that the boys were forced to sleep with the hockey helmets on.

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