Prospective mom in Ontario murder trial says she did nothing to kill boy in her and wife’s care

Ontario's former baby counselor-at-law says children's economic aid societies made 'bad decisions' leading up to demise 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. 

Court is now on a break until 3:20 p.m. ET. 

The Crown is expected to begin cross-examining Hamber when proceedings resume.

Edward asks Hamber about the black toboggan. Hamber denies owning one or using it. 

She says neither they nor Cooney’s dad used the toboggan to transport L.L. To place him in the hot tub, nor did they put the child in the hot tub or shower at that time. 

Edward finishes her questioning by asking Hamber if she ever saw Cooney touch L.L. That night “in a way that would harm him or hasten his death.” 

“No,” Hamber responds.

Edward asks Hamber about other mental and physical health supports she sought for L.L. 

Hamber says she attempted to get him into a residential treatment program from 2018 through 2022. 

Switching topics, Edward asks why the couple repainted L.L.’s bedroom.

Hamber says the couple wanted to “honour L.L.’s memory” and turn the space into “L.L.’s purple playroom” for J.L. To play in.

Kim Edward, Cooney’s lawyer, is now cross-examining Hamber. After Edward done, the Crown will question Hamber. 

Edward starts by asking Hamber how many times she sought health care for L.L. In 2022.

Hamber says she tried to get L.L. Into the Oakville hospital 10 to 12 times that year.

Hamber’s lawyer, MacGregor, shows her a photo of L.L.’s bedroom, which the couple repainted purple after his death.

The photo shows paperwork with headings related to the boys’ care providers.

Hamber says they were preparing to fight to get J.L. Back.

“Did you want L.L. To die?” MacGregor asks.

Hamber says no.

He asks if she did anything to kill him, to which she also responds “no.”

MacGregor concludes his questioning.

Testifying about when Halton CAS took J.L. From the couple, Hamber says the boy appeared angry about having to leave the two women.

“We eventually got the car packed and went back to our very empty house,” Hamber says.

They saw J.L. Again later in January, she says, believing they may yet be reunited. That was the last time they saw the boy before he testified via video in this trial last month, she adds.

MacGregor asks Hamber what she remembers about learning Halton CAS was removing J.L. From her care on Dec. 23, 2022.

She stayed in bed, most of the time, Hamber says. €œI was in a very, very dark place.”

She says she stayed like that until her arrest on Jan. 17, 2023, when police charged her and Cooney with assault related to J.L. 

The two were charged with murder of L.L. On Feb. 29, 2024.

Labib called children's aid that night, also concerned about J.L.’s well-being as he was still in their care. 

“I asked them to remove the brother from the home while they investigate and they said there’s not enough evidence,” the doctor said. 

The court heard J.L. Was sent to a new foster home a few days later.  

Hamber doesn’t talk much about her time at the hospital, but said she was in “complete shock” when she found out the police were going to seize the house.

Dr. Nora Labib was the doctor who worked on L.L. When he was rushed to the hospital that December night in 2022. 

She testified she broke the news to Hamber and Cooney that he couldn’t be saved and that she was alarmed by their response. 

“I think I was more distraught and more upset than they were,” Labib said. 

Later, she said, she “observed them smiling, laughing, acting like it was a casual thing, which [left] me very unsettled and very surprised.” 

Conlan asks how long it was between the time Hamber last saw L.L. And the time she saw him unresponsive on the floor.

“It was anywhere between an hour and an hour and a half,” she replies.

MacGregor asks her to describe the scene when she found L.L. 

Hamber says there was a liquid in the bedroom, which smelled like vomit and urine. L.L.’s face was pale and blue around the mouth, she adds.

Both women had received CPR training, Hamber said, so they knew how to respond.

Hamber says she was in “a state of a lot of shock” and “scared for L.L.” It felt like she was acting automatically, she says.

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