Brothers locked in rooms without bathroom access, food for long periods, Crown tells couple's murder trial

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Testimony in the trial for an Ontario couple charged in the death of one boy and what Crown prosecutors have alleged was the torture of his brother in their care continues today, with co-accused Becky Hamber returning to the witness box in Milton at 9 a.m. ET.

Crown prosecutors and defence lawyers have already spent four days questioning Hamber, 46, about the way she and wife Brandy Cooney treated the brothers in their care. Hamber has maintained she loved and did nothing to hurt the boys as they were going through the adoption process.

Hamber, 46, and Cooney, 44, have pleaded not guilty to first-degree murder of L.L., as well as not guilty to confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L. The judge-alone trial, which began in mid-September, is before Justice Clayton Conlan in Milton Superior Court.

Hamber is also set to testify again on Friday, the last scheduled day for proceedings. Prosecutors and defence lawyers are expected to make their final arguments in March.

Hamber tells Frew that in the morning, she’d get up and shower, and then let the boys out of their room to use the washroom.

She’d lock them back in with activities and breakfast or snacks until Cooney got home from work in the afternoon.

But Frew argues she would not let the boys out until mid-afternoon to use the bathroom or eat.

That would mean they weren’t given food for about 18 hours, the Crown alleges.

In May 2022 texts between Hamber, Cooney and Cooney’s father Ed — who lived with them — the women directed Ed to wake up L.L. To walk up and down the stairs as exercise.

The time was 1 p.m.

The Crown says the women would not let the children know the time.

Hamber says the main reason was because if the women had to delay the boys' meals, due to a tantrum for example, and L.L. Saw what time it was, he’d get upset again.

"L.L. Wanted food any time," Hamber says.

Frew’s questioning goes back to whether the women gave the boys Benadryl to make them sleep.

Benadryl is an over-the-counter antihistamine used for allergies and can cause drowsiness.

Hamber says they may have used it for L.L. To treat allergies.

In the Christmas Eve text from 2021, Hamber tells Cooney around 3 p.m. To give L.L. "both." Frew says she’s talking about both melatonin and Benadryl.

Cooney says, "Benny all day every day."

"You wanted the children to be asleep as long as possible?" Frew asks.

Hamber denies this allegation.

Frew says that in 2022, the boys were locked in their rooms around 6 p.m., zip-tied into wetsuits and bed tents.

The Crown has previously alleged the boys were let out of their rooms once at night to use the bathroom and weren’t allowed in again until around noon, when Hamber would give them breakfast.

Hamber says they weren’t locked up "every night."

The Crown is now focusing on Hamber’s claim that L.L. Would pee himself on purpose as a way to get breakfast sooner.

Frew brings up a text conversation between Hamber and Cooney on Dec. 5, 2021.

L.L. "going back to diapers for a few nights, peed himself again,” Hamber wrote to Cooney.

Hamber confirms to Frew that the boy, 11 at the time, would tell them it was their fault he had accidents, as he was zip-tied into a wetsuit and bed tent, and locked in his bedroom without free access to a toilet.

But in the texts, Cooney and Hamber blame L.L. For having accidents.

Frew is asking Hamber about whether L.L. Was given “sleep aids” like melatonin (a supplement).

Hamber responds only under the direction of a doctor and not for long because it didn’t work.

She denies giving melatonin to J.L.

"Did you give them Benadryl to keep them asleep?" Frew asks.

Hamber says it wasn’t to keep them asleep, but if they were "sniffly."

In a Dec. 24, 2021, text exchange that was previously seen in court, Hamber says to Cooney, "Melatonin not necessarily working. Other meds doing nothing at all, plus he’s a big-ass loser. Tomorrow we do meds and bottle at like 5."

Cooney confirmed in the witness box it appears they were talking about their plan to give L.L. Medications at 5 p.m. On Christmas Day. The Crown argued those medications were to make him fall asleep.

Proceedings in this weeks-long trial have begun for the day, with Frew expected to continue her cross-examination of Hamber.

She's expected to leave time starting either later today or tomorrow for Hamber's and Cooney's respective defence lawyers to ask Hamber followup questions.

Lawyers representing both the Crown and Hamber have covered a lot of ground since the co-accused began her testimony on Jan. 12. 

Crown attorney Kelli Frew is expected to continue her questioning today after a two-day break from proceedings.

On Monday, Frew pressed Hamber on various points, including why she and Cooney restrained the brothers, why food was withheld from L.L. As the Crown has argued, and why the couple didn't seek medical care for L.L. In the month before he died on Dec. 21, 2022. Court has heard the 12-year-old weighed as much as he did when he was six years old when he was found unconscious and soaking wet in the couple's Burlington home.

In a 2021 video played in court, L.L. Sobbed as he repeatedly told Hamber, "I'm hungry." She testified at trial that she always fed L.L. Enough. 

You can read more about Hamber's testimony to date here.

Testimony in the trial for an Ontario couple charged in the death of one boy and what Crown prosecutors have alleged was the torture of his brother in their care continues today, with co-accused Becky Hamber returning to the witness box in Milton at 9 a.m. ET.

Crown prosecutors and defence lawyers have already spent four days questioning Hamber, 46, about the way she and wife Brandy Cooney treated the brothers in their care. Hamber has maintained she loved and did nothing to hurt the boys as they were going through the adoption process.

Hamber, 46, and Cooney, 44, have pleaded not guilty to first-degree murder of L.L., as well as not guilty to confinement, assault with a weapon — zip ties — and failing to provide the necessaries of life to J.L. The judge-alone trial, which began in mid-September, is before Justice Clayton Conlan in Milton Superior Court.

Hamber is also set to testify again on Friday, the last scheduled day for proceedings. Prosecutors and defence lawyers are expected to make their final arguments in March.

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