Crown grills prospective mom testifying at Ontario trial about withholding food from boy who died in 2022

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Becky Hamber, 46, has returned to the witness box today in Milton, Ont., to speak in her own defence for the fourth time. 

She and her wife, Brandy Cooney, 44, are still on trial for the alleged murder of a boy in their care, L.L. They also face various other charges for allegedly torturing his younger brother, J.L., who is now 13.

The couple was trying to adopt the siblings, who lived with them for around five years.

After giving evidence for three straight days last week, Hamber said she was growing tired and was struggling to understand questions from a Crown prosecutor. Proceedings resumed shortly after 9 a.m. ET. 

The Burlington couple has faced a range of questions about their life at home after the boys came into their care — from the methods they used to control the brothers' behaviour and freedom in the house, to the way they responded when they found L.L. Unresponsive on their basement floor before he died in 2022.

Lawyers have also asked about the involvement of children's aid services, whose workers visited the Cooney-Hamber home to check on the brothers multiple times. Hamber has told the court that children’s aid workers and health professionals knew about their decisions at home and did not raise any issues with them.

Hamber and Cooney have both pleaded not guilty to first-degree murder in connection with L.L.'s death, as well as various other charges related to J.L.

Frew makes her argument clear.

"You grossly exaggerated the length, degree and duration of the so-called tantrums the boys would have?"

Hamber says no.

Frew asks that if in hindsight, Hamber thinks some of the rules and expectations Hamber had of the boys were "unreasonable."

Hamber agrees and acknowledges "at times" they may have been right to question some of her methods, but says they didn’t resist being restrained in wetsuits, for example.

Throughout the trial, the women have said the boys had "behaviours" that were extremely challenging to deal with. They included refusing to do things, having tantrums, screaming, destroying property and running away, Hamber says.

While the couple told CAS and service providers about the issues, and had security cameras throughout the house, they didn’t save any of that footage showing the “behaviours,” Hamber says.

Frew then asks about why L.L. Would have tantrums.

Hamber says it could happen because L.L. Wanted more food but wasn’t given any.

"He always thought he was hungry," she says, adding she believed he always thought it was a "mental health issue" due to past trauma.

"Why not give him food?" Frew asks, pointing out how thin he was in the year leading up to his death.

"I did give him food," Hamber says.

Hamber says L.L. And J.L. Frustrated her soon after they arrived in their home in 2017. These behaviours included tantrums and being impolite.

Frew notes the boys, who were quite young, were experiencing a “massive shift” in their lives — moving from Ottawa to Burlington, starting at a new school and being far away from a foster family they loved.

Hamber agrees.

She and Cooney complained to CAS about “challenging behaviours” but it didn’t offer much help as they didn’t see the issues first-hand, Hamber says.

Other service providers also didn’t witness the behaviours — including self-harm — Cooney and Hamber have told the court about, including the in-patient program L.L. Stayed at a few times.

There’s also limited videos, photos or audio recordings documenting what the women say were the boys’ issues.

The Crown has switched topics to the boys' annual medical appointments. CAS had required they be taken to every year except for in 2020 due to the pandemic.

In 2021, Hamber and Cooney were facing pressure to take L.L. And J.L. To their family physician. In an email previously shown in court, Hamber accused the CAS worker of caring more about the boys’ medical needs than her medical needs, as she was afraid of contracting COVID-19.

That September, a video of L.L. Showed he was "very frail," says Frew.

"Weren’t you concerned about L.L. Looking that frail?"

Hamber responds that his "weight fluctuated" that year.

Frew asks her if she was trying to avoid the appointment because she didn’t want the doctor to see how thin L.L. Was.

"No," says Hamber.

"Did you know people could starve to death?" Frew asks.

Frew is now challenging Hamber’s claim L.L. Punched her and broke her upper arm in 2019.

Last week, Hamber said she never got any X-ray or diagnosis to confirm her arm was broken.

But in a text message to Cooney, she says the clinic called with the “results” and she had a small fracture in her lower arm.

Hamber tells the court now she was in an “excruciating amount of pain” and may have been confused when texting her wife.

Frew says it’s an “obvious discrepancy” and suggests Hamber is lying under oath.

Frew begins by asking Hamber questions about the decision by Hamber and Cooney to move L.L. From the main floor to a basement bedroom around 2021. He would’ve been about 10 years old.

Frew says at first, they didn’t have a camera in the basement.

The women installed a door at the top of the basement stairs that they could lock from the upstairs, Hamber agrees. She says the door was to keep pets upstairs.

Frew notes that L.L. Also had a lock on the outside of his bedroom. There was a third door upstairs, and then Cooney’s and Hamber’s bedroom that was “almost closed” while they slept.

“Between you and this child there were four doors and a flight of stairs?”

“Yes,” Hamber says.

But she says they had a system to check on him frequently.

Hi, I'm Samantha Beattie and I'll be covering the trial today.

The judge is now in the courtroom and Crown attorney Kelli Frew is continuing her cross-examination of Hamber.

Becky Hamber, 46, has returned to the witness box today in Milton, Ont., to speak in her own defence for the fourth time. 

She and her wife, Brandy Cooney, 44, are still on trial for the alleged murder of a boy in their care, L.L. They also face various other charges for allegedly torturing his younger brother, J.L., who is now 13.

The couple was trying to adopt the siblings, who lived with them for around five years.

After giving evidence for three straight days last week, Hamber said she was growing tired and was struggling to understand questions from a Crown prosecutor. Proceedings resumed shortly after 9 a.m. ET. 

The Burlington couple has faced a range of questions about their life at home after the boys came into their care — from the methods they used to control the brothers' behaviour and freedom in the house, to the way they responded when they found L.L. Unresponsive on their basement floor before he died in 2022.

Lawyers have also asked about the involvement of children's aid services, whose workers visited the Cooney-Hamber home to check on the brothers multiple times. Hamber has told the court that children’s aid workers and health professionals knew about their decisions at home and did not raise any issues with them.

Hamber and Cooney have both pleaded not guilty to first-degree murder in connection with L.L.'s death, as well as various other charges related to J.L.

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