Underweight boy's eating disorder hard to handle but nothing 'dire,' prospective mom tells murder trial

Ontario's former baby counsellor says children's assistance societies made 'bad decisions' leading up to dying of boy

A foster mother of a boy who died in 2022 and his brother resumed testimony today at the murder and assault trial in Milton, Ont., Superior Court.

Becky Hamber, 46, is spending 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 judge tells Hamber’s lawyer there is no way the trial will be completed in the days they’ve set aside. 

There are currently just two more dates scheduled next week for her testimony, including cross-examination by the Crown. The defence then needs time to ask her any other questions they might have. 

MacGregor’s examination of Cooney is “very thorough” and taking longer than expected, Conlan notes. 

The judge adds he has no other availability and doesn’t know what will happen. 

“Something to think about over the lunch break,” the judge says. 

Court is now on break, which usually takes an hour. 

Hamber says she told a Halton CAS worker and the psychiatrist, Dhaliwal, about the Nov. 20, 2022, incident "very soon after."

Dhaliwal has said in the witness box that the women never told her about it.

From then on, Hamber said, she and Cooney started giving L.L. Warmer clothes and blankets. 

In the bath on Nov. 20, 2022, Hamber says, L.L. Became more responsive and "was playing in the bubbles."

His skin appeared more colourful and he was “cracking jokes,” she says.

Hamber recounts bundling L.L. Up in warm clothes and giving him a hot meal before supervising him while he napped.

She says she doesn't remember what happened next.

MacGregor asks if they considered taking L.L. To a hospital or calling 911.

She said they discussed it and decided if he didn’t improve after the bath, they would.

The Crown has highlighted throughout the trial that the women never took L.L. To the hospital in 2022, despite his declining health. 

That included on Nov. 20, when they said they were worried he might be hypothermic.

In the months leading up to that day, Cooney estimated he'd thrown up at least 30 times. 

"Surely, you sought medical attention or help for [L.L.] when you were seeing him vomit?" MacKenzie asked Cooney in December. 

"We did not take him to the family doctor," Cooney said.

"To the emergency department?" the lawyer asked.

"No," Cooney responded. 

"You didn’t seek medical attention at all?" MacKenzie said.

"No," the accused answered.

Hamber addresses Nov. 20, 2022, a day about which court has heard much testimony.

According to text messages between Hamber, Cooney and her dad, L.L. Appeared lethargic and drunk, and was at times slurring his speech that day.

In the witness box today, Hamber says L.L. Was at times coherent. She says L.L. Seemed cold and they tried to warm him up by giving him a bubble bath.

Cooney testified last month that L.L. Told them he was scared and he thought he was going to die.

Hamber recounts researching hypothermia online. The trial has seen records of that search from her device.

“Unfortunately, my thoughts [are] he is suddenly going to die and I’m going to jail,” Cooney texted her wife on Nov. 20, the trial heard.

L.L. Died a month later.

Ultimately, Hamber says, she and Cooney were "tunnel-focused" on trying to get L.L. A referral for an eating disorder clinic at an Oakville hospital, believing it would help L.L. And "all of us."

If you were worried about L.L.’s weight, MacGregor asks, why didn’t you just feed him more

Hamber answered it was because he would throw up the more he ate.

Dhaliwal and Duncan have both come under scrutiny during the trial for not calling the CAS to report L.L.'s condition.

Dhaliwal has said she did repeatedly tell the couple to take L.L. To the emergency department. 

She didn’t call CAS because she was used to the agency contacting her if it had any concerns about abuse.

She also didn’t see L.L., but rather spoke to the women on the phone about his condition, the court has heard.

Duncan saw L.L. For his annual checkup days before his death.

The doctor testified he didn’t do a full physical examination of the boy, despite knowing he weighed the same as a six-year-old. He also didn’t advise Hamber or Cooney to take him to the hospital, or call an ambulance himself.

Hamber describes herself as volunteering to be a go-between for Dhaliwal and their family physician, Dr. Stephen Duncan, who also testified in October. 

Hamber says she would pass information and documents between their offices in an attempt to speed up the process of getting L.L. Help.  

“I just continued to try and get the proper information to the proper doctors,” she says.

Hamber says she also emailed Halton CAS about the issue.

The photos of L.L. From the summer and fall of 2022 show an extremely thin boy with gaunt cheeks, dark circles under his eyes and stick-like arms. He had also developed a bald spot on his head, the court has heard. 

MacGregor has previously described L.L.’s appearance as resembling a "Holocaust survivor."

When Cooney testified late last year, the court was shown a video of L.L. Walking up and down the stairs slowly. 

The video is from June 10, 2022. He is wearing a wetsuit and hockey helmet, and at times bent over, as if to catch his breath. He’s also heard whimpering. 

MacKenzie asked Cooney if she agrees L.L. Appears very tired. 

"I can’t agree with you on that one for sure," Cooney said. 

"Generally at that time, did you have concerns for L.L.'s well-being?" MacGregor asks his client.

"Concerns but not like major concerns, I guess," Hamber responds.

The lawyer asks what she saw when she observed L.L. In August 2022.

Hamber answers she saw a child who was "underweight" and "potentially unhealthy," but nothing "dire" as he seemed to be acting normally.

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