Foster mom sobs at murder trial as she testifies about seeing unresponsive child in basement

Ontario's former baby pleader says children's economic aid 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. 

Despite having a security camera in L.L.’s room consistently capturing video, there are no recordings past 5 p.m. To show the events Cooney and Hamber describe, the court has heard. 

The Crown has argued that L.L. Had been locked in his room for hours that day and was shivering, unsteady on his feet and showing signs of hypothermia. He’d also been experiencing nose bleeds, vomiting and had lost control of his bowels.

When Cooney found him unresponsive, the women didn’t call 911 right away, MacKenzie has said for the Crown. They instead put him in their hot tub to try to revive him. 

When that didn’t work, they transported him back downstairs on a black toboggan and tipped him back onto the bedroom floor, MacKenzie said. That’s why first responders found him soaking wet and saw a toboggan nearby.  

Then Hamber called 911, the Crown said, as Cooney began CPR. 

Hamber and Cooney have denied this version of events.

Hamber says she told Cooney to start CPR while she called 911.

When first responders arrived, Hamber says, she was having an allergic reaction and sat down.

She says paramedics took L.L. To the hospital, and she and Cooney followed in their own vehicle.

Eventually, one of the doctors told them L.L. Had died, Hamber says while sobbing.

Conlan offers her a break if she needs it. She says she can continue.

MacGregor asks Hamber about Dec. 21, 2022, the day L.L. Died.

The judge tells Hamber to take her time, drink some water and use a tissue, as she began crying in the witness box.

Her voice cracking, Hamber says, it was a "fairly typical day," including L.L. Throwing up and having a tantrum, up until the evening.

After dinner, she says, Cooney went downstairs to check on L.L.

Hamber recalls hearing Cooney call out to her.

"Never in the many emergencies over the time in our relationship," Hamber says, "I had never heard that tone from Brandy before."

Hamber says she "bombed" down the stairs and walked into L.L.'s bedroom, finding Cooney on her knees and L.L. On the floor.

"L.L. Was lying there not moving," and was blue in the face, Hamber says.

Her account, so far, largely matches what Cooney has told the court.

Hamber says that after meeting with L.L.’s physician, Stephen Duncan, they decided to increase his caloric intake.

She said she also talked to the psychiatrist, Shelinderjit Dhaliwal, in December 2022 about getting some respite care for L.L. At the Oakville hospital. 

"The premise behind it was to give Brandy [Cooney] and I a couple days' breather and assess L.L.’s medications at the same time," she said. 

Court proceedings have resumed and Hamber is back testifying, discussing L.L.’s condition.

The judge says to fit everything in, court may have to start at 8 a.m. And end at 8 p.m. Some days.

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.

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